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PLAYBOOK TEMPLATES

Office Lease

An Office Lease establishes tenancy rights and obligations for commercial premises. This playbook analyzes rent structures, maintenance responsibilities, and default remedies.

Environmental Compliance

Why This Matters: Environmental liabilities can be severe and long-term, exposing parties to cleanup costs, fines, and reputational damage.

Negotiation strategy

If you're the Landlord:

Ensure that all environmental assessments are completed before the closing date and that the Seller is held accountable for any pre-existing contamination. Negotiate for indemnification clauses to protect against future liabilities.

If you're the Tenant:

Limit liability by clearly defining the scope of remediation obligations and ensuring that the Buyer assumes responsibility for ongoing compliance post-closing. Negotiate for a cap on remediation costs.

Essential elements

1

Environmental Assessments

Pre-closing property evaluations.
2

Remediation Obligations

Seller's cleanup responsibilities.
3

Regulatory Compliance

Buyer's post-closing duties.

Action framework

ACCEPT

Propose edits if the clause lacks clarity on assessment standards or remediation timelines.

EDIT

Reject if the clause unfairly shifts all liability to one party without proper indemnification.

ADD

Add language if the contract omits ongoing compliance responsibilities or indemnification terms.

PRO TIP

Always conduct thorough due diligence on environmental risks before finalizing the transaction.

Example clauses

FAVORABLE

Comprehensive Environmental Compliance Clause

"The Parties agree that the Buyer shall be responsible for conducting all necessary environmental assessments of the Property prior to the Closing Date. Such assessments shall include, but not be limited to, Phase I and Phase II Environmental Site Assessments, as applicable, in accordance with the standards set forth by the American Society for Testing and Materials (ASTM) and any other applicable regulatory requirements."
NEUTRAL

Standard Compliance Clause

"The Buyer shall ensure compliance with all applicable environmental laws and regulations post-closing."
UNFAVORABLE

Limited Liability Clause

"The Seller shall not be responsible for any environmental contamination discovered after the Closing Date."

Fallbacks

High-Risk Projects

In high-risk areas, additional protections such as environmental insurance or escrow funds may be necessary to mitigate potential liabilities.

Brownfield Redevelopment

Projects involving previously contaminated sites require detailed remediation plans and government approvals to ensure compliance.

Greenfield Development

New developments on previously undeveloped land should focus on preventive measures to avoid future contamination.
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