Environmental Risk Transfer

Our combination of the primary funding trust (escrow), insurance products issued by top-rated insurers, and our contractual indemnity is the most robust risk transfer program in the market place and fully addresses the full spectrum of environmental risk. to the Seller. We BROADLY AND IN PERPETUITY indemnify the Seller for the assumed environmental risk. This indemnity is collateralized by the assets purchased, a primary funding escrow account containing 90% of the sale price, fixed-price contracts with reputable contractors, and, in the event the indemnity fails, an “excess of indemnity” insurance policy which will “step in” for the indemnity provided by ERT in the unlikely event of a default. In our typical program , we indemnify for all liabilities and claims arising out of, relating to or resulting from (i) the physical condition of the Property, including any environmental conditions (whether known or unknown, suspected or unsuspected) above or below grade on or emanating from your property, which may have existed in the past, may now exist, or may exist in the future and which will affect the Property, (ii) injuries to off-site properties, third parties, or natural resources caused by environmental conditions on or emanating from your property; (iii) any release of or exposure to any hazardous materials occurring after our closing; (iv) any actual or alleged non-compliance with any environmental laws or permits after our closing; and (v) any and all investigative and remedial work at your property or associated with conditions emanating from your property, as required by applicable environmental law or order of any governmental body or any applicable future Laws or orders of any governmental body, and (vi) Buyer's generation, transport, and disposal of all materials associated with Buyer's obligations under our agreement with you.