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Environmental Indemnity Agreement

Environmental Indemnity Agreement Template for Singapore

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Key Requirements PROMPT example:

Environmental Indemnity Agreement

"Need an Environmental Indemnity Agreement for a manufacturing facility acquisition in Singapore, where the seller must indemnify against pre-existing contamination and maintain responsibility for ongoing remediation until January 2025."

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What is a Environmental Indemnity Agreement?

Environmental Indemnity Agreements are crucial risk management tools in Singapore's robust environmental regulatory framework. These agreements are commonly used in property transactions, corporate acquisitions, and financing arrangements where environmental risks need to be allocated between parties. The agreement typically covers compliance with Singapore's environmental laws, management of hazardous substances, and remediation obligations. It provides protection against both known and unknown environmental issues, incorporating specific requirements under Singapore's Environmental Protection and Management Act and related regulations.

What sections should be included in a Environmental Indemnity Agreement?

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

2. Background: Context of the agreement, relationship between parties, and purpose of the environmental indemnity

3. Definitions: Comprehensive definitions including 'Environmental Laws', 'Hazardous Substances', 'Environmental Claims', 'Remediation', and other key terms

4. Scope of Indemnity: Detailed description of environmental risks and liabilities covered under the agreement

5. Indemnification Obligations: Specific obligations of the indemnitor, including financial responsibilities and procedural requirements

6. Representations and Warranties: Environmental compliance statements, declarations, and assurances regarding environmental conditions

7. Duration: Term of the indemnity, including survival provisions and conditions for termination

8. Governing Law: Specification of Singapore law as governing law and jurisdiction provisions

What sections are optional to include in a Environmental Indemnity Agreement?

1. Site-Specific Provisions: Detailed provisions relating to specific properties or sites, including known environmental conditions and specific compliance requirements

2. Insurance Requirements: Environmental insurance obligations, including types of coverage required and minimum coverage amounts

3. Remediation Procedures: Specific procedures for addressing and remediating environmental contamination or hazards

4. Notice Requirements: Specific procedures for providing notice of environmental claims or discoveries

What schedules should be included in a Environmental Indemnity Agreement?

1. Schedule 1: Property Details: Comprehensive list and description of properties covered by the indemnity

2. Schedule 2: Known Environmental Conditions: Detailed inventory of existing environmental issues, contamination, or concerns

3. Schedule 3: Environmental Reports: List and summary of environmental assessments, audits, and reports

4. Schedule 4: Compliance Certificates: Compilation of environmental permits, licenses, and compliance certificates

5. Schedule 5: Regulatory Requirements: List of applicable Singapore environmental laws and regulations

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions






























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Industries

Environmental Protection and Management Act (EPMA): Primary legislation in Singapore that provides for the protection and management of the environment and resource conservation

Environmental Public Health Act (EPHA): Key legislation governing public health and environmental sanitation matters in Singapore

Hazardous Waste (Control of Export, Import and Transit) Act: Regulates the movement of hazardous waste and ensures compliance with the Basel Convention requirements

Pollution Control Act: Controls and regulates pollution sources and emissions in Singapore

Environmental Protection and Management (Hazardous Substances) Regulations: Subsidiary legislation controlling the import, storage, sale, and use of hazardous substances

Environmental Protection and Management (Trade Effluent) Regulations: Regulations governing the discharge of trade effluents into public sewers and watercourses

Sewerage and Drainage Act: Legislation governing sewerage and drainage systems and their maintenance

National Environment Agency Act: Establishes the NEA and its powers to enforce environmental regulations

Code of Practice on Pollution Control: Guidelines for pollution control requirements in industrial developments

Companies Act: Relevant for corporate liability aspects in environmental indemnity agreements

Limitation Act: Sets time limits for bringing legal claims, including environmental claims

Civil Law Act: Provides the framework for contract law and civil obligations in Singapore

Basel Convention: International treaty on transboundary movements of hazardous wastes and their disposal

Stockholm Convention: International agreement on controlling persistent organic pollutants

Montreal Protocol: International treaty designed to protect the ozone layer by phasing out ozone-depleting substances

NEA Guidelines: Regulatory guidelines issued by the National Environment Agency for environmental compliance

Singapore Environmental Council Regulations: Standards and guidelines set by Singapore's leading environmental organization

Ministry of Sustainability and the Environment Directives: Policy directives and guidelines from the ministry overseeing environmental matters

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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