pbi access agreements slides (1521357_1).ppt

Practice Pointers For Negotiating and Drafting Environmental Access Agreements

Suzanne Ilene Schiller Jill Hyman Kaplan

Manko, Gold, Katcher & Fox, LLPPhiladelphia, PA

Concepts Situations When Used Scope of Work – Investigation and Remediation Repair and Restoration Dates and Times Defining “Applicable Laws” Waste Handling Work Plans, Sampling Results and Reporting Indemnification Insurance

Situations When Used Transactions

Investigation and Remediation Agency Action Prospective Purchasers Private Remediation

Easement/Repair Access

Scope of Work -- Investigation

Sampled Media Soil Groundwater Soil Gas/Vapor – Indoor Air

Possible Concerns Trigger environmental liabilities Trigger reporting/notification Issues

Completion of Investigation/Remediation Waste Disposal Well Closure

Scope of Work -- Remediation Duration of Agreement

Repair and Restoration Objective/Subjective Standards Quality of Materials Zoning and Permitting Dispute Resolution

Dates and Times Business Interruption

Convenience & Security

Advance Notice

Right to Observe/Split Samples

Applicable Laws Environmental, Health & Safety

Local Zoning and Permitting/Pre-emption

Orders and Consent Decrees

Waste Handling Provisions Disposal

Responsibility for proper storage, handling, treatment and disposal

Testing of Waste and Generator Identification

HAZWOPER Certification

Work Plans, Sampling Results and Reporting Scope of Work/Work Plan Identification

Locations Post-Remediation Sampling Additional Work

Right to Review Agency Submittals of Future Work Plan Documents

Procedure for Agency Reporting of Findings

Indemnification Types of Claims Standard for Liability Workers’ Compensation Bar Effect of State Laws on Contributory Negligence,

Indemnification for Own Negligence, Statutes of Limitation

Notification and Acceptance of Tender Procedure

Insurance Types of Coverage Insuring Provision – Primary, Named Insured Certificate of Insurance v. Full Policy and

Endorsements Deductible/Self-Insured Retention Claims Made/Tail Location Included in Coverage Indemnification Coverage Waiver of Subrogation/Releases

Questions or Further Information

Suzanne Ilene Schiller (sschiller@mankogold.com)

Jill Hyman Kaplan(jkaplan@mankogold.com)

Manko, Gold, Katcher & Fox LLP401 City Avenue, Suite 901Bala Cynwyd, PA 19004

(484) 430-5700

www.mankogold.com