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Environmental Indemnity Agreement Template for New Zealand

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Key Requirements PROMPT example:

Environmental Indemnity Agreement

"I need an Environmental Indemnity Agreement for a manufacturing facility purchase in Auckland, where the seller needs to indemnify against historical chemical contamination discovered during the pre-purchase environmental assessment completed in January 2025."

Document background
The Environmental Indemnity Agreement is a crucial legal instrument used in New Zealand when parties need to allocate and manage environmental risks and liabilities in commercial transactions or ongoing business relationships. This document becomes particularly important in property transactions, business acquisitions, or leasing arrangements where there are potential environmental concerns or historical contamination issues. The agreement helps parties comply with New Zealand's strict environmental regulations, including the Resource Management Act 1991 and the Hazardous Substances and New Organisms Act 1996. It typically includes comprehensive provisions for environmental risk assessment, remediation obligations, financial responsibilities, and compliance requirements. The Environmental Indemnity Agreement is essential for protecting parties against potential environmental liabilities while ensuring clear accountability for environmental management and remediation obligations under New Zealand law.
Suggested Sections

1. Parties: Identification of the indemnitor and indemnitee, including full legal names and addresses

2. Background: Context of the agreement, including reference to the primary transaction or relationship between the parties, and relevant environmental concerns

3. Definitions: Detailed definitions of key terms including 'Environmental Laws', 'Hazardous Substances', 'Environmental Claims', 'Environmental Conditions', and other relevant technical terms

4. Scope of Indemnity: Detailed description of what environmental matters are covered by the indemnity, including historical, current, and future environmental conditions

5. Representations and Warranties: Environmental representations and warranties made by the indemnitor regarding the property or operations

6. Indemnification Obligations: Specific obligations of the indemnitor, including financial responsibilities, remediation requirements, and defense obligations

7. Claims Procedures: Process for making and responding to environmental claims under the indemnity

8. Duration and Survival: Term of the indemnity and which provisions survive termination

9. Insurance Requirements: Required environmental insurance coverage and maintenance obligations

10. Notice Requirements: Procedures for providing notice of environmental claims or conditions

11. Governing Law and Jurisdiction: Specification of New Zealand law as governing law and jurisdiction for disputes

12. General Provisions: Standard contractual provisions including amendments, assignment, severability, and entire agreement

Optional Sections

1. Site Access and Investigation: Used when the agreement needs to specify rights and procedures for environmental investigations and testing

2. Remediation Standards: Include when specific cleanup or remediation standards need to be defined

3. Regulatory Compliance: Additional section when specific regulatory compliance obligations need to be detailed

4. Financial Assurance: Include when specific financial security or bonds are required to support the indemnity

5. Third Party Claims: Detailed procedures for handling third party environmental claims when significant third party exposure exists

6. Reporting Requirements: Include when ongoing environmental monitoring and reporting obligations need to be specified

7. Transfer and Assignment Restrictions: Detailed restrictions on transfer when the property or operations have specific environmental sensitivities

Suggested Schedules

1. Schedule 1 - Property Description: Detailed description of the property or sites covered by the indemnity

2. Schedule 2 - Known Environmental Conditions: List and description of known environmental issues or contamination

3. Schedule 3 - Environmental Reports: List of environmental assessment reports and their findings

4. Schedule 4 - Permitted Substances: List of hazardous substances permitted to be used or stored on the property

5. Schedule 5 - Insurance Requirements: Detailed environmental insurance specifications and coverage requirements

6. Appendix A - Environmental Management Plan: Detailed procedures for ongoing environmental management and monitoring

7. Appendix B - Form of Environmental Notice: Standard form for providing notice of environmental claims or conditions

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions










































Clauses






























Relevant Industries

Manufacturing

Chemical Industry

Mining and Resources

Real Estate

Agriculture

Waste Management

Industrial Processing

Construction

Energy and Utilities

Transport and Logistics

Oil and Gas

Property Development

Relevant Teams

Legal

Environmental Compliance

Risk Management

Property Management

Operations

Facilities Management

Health Safety and Environment

Corporate Development

Real Estate

Sustainability

Relevant Roles

Environmental Manager

Property Manager

Risk Manager

Compliance Officer

General Counsel

Chief Legal Officer

Environmental Engineer

Facilities Manager

Operations Director

Chief Risk Officer

Sustainability Manager

Real Estate Director

Development Manager

HSE Manager

Environmental Compliance Specialist

Corporate Lawyer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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