An Indemnity is Not a Release: A Cautionary Tale
Warning: An Indemnity is Not a Release Anyone who buys or sells contaminated property, or even settles future liability involving contamination, needs to read this posting. Lawyers sometimes confuse an indemnity with a release of future liability. Doing so is a trap for the unwary. An indemnity in favor of one party protects that party from liability for all environmental claims during the period of the indemnity. For example, if a seller indemnifies a buyer, during the indem