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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
Negotiation strategy
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.
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.
Real-world examples
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."
Alternative scenarios & positions
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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