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Posts tagged "Environmental indemnity agreement testing necessary costs third-party claim"

First Circuit Holds Environmental Indemnity Provision Limited To Costs Necessary To Prevent Release Of Hazardous Materials

The First Circuit has held that an environmental indemnity agreement is limited to costs related to liabilities to third-parties and necessary to prevent the release of hazardous materials. The Court rejected an argument that the agreement covered environmental assessments costs related to a mortgagee's due diligence and to determine if the property was safe for a day care operating on the property.