pbi access agreements slides (1521357_1).ppt
TRANSCRIPT
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 ([email protected])
Jill Hyman Kaplan([email protected])
Manko, Gold, Katcher & Fox LLP401 City Avenue, Suite 901Bala Cynwyd, PA 19004
(484) 430-5700
www.mankogold.com