SUPPLEMENT
10
ENVIRONMENTAL SUPPLEMENT
I.
In the past 5 years, has any current or past lawyer of the firm rendered written opinions to clients on the following:
A.
Land Use, zoning and real property regulatory matters?
Yes
No
B.
Compliance with environmental law?
Yes
No
C.
Environmental matters?
Yes
No
II.
In the past 5 years, has any current or past lawyer of the applicant firm provided any professional services related to the following:
A.
Potential Superfund liability and liens under Federal law Resulting from Superfund liability
Yes
No
B.
Waste management projects
Yes
No
C.
Written opinions connected with environmental matters transactions
Yes
No
D.
SEC reporting requirements connected with environment matters
Yes
No
E.
Potential liability under applicable state environmental law (e.g. State Superfund and Super lien Statutes)
Yes
No
F.
Applicability of relevant state law restricting transfer of property based upon Environmental matters (e.g. ECRA)
Yes
No
G.
Environmental compliance audits
Yes
No
H.
Environmental compliance audits
Yes
No
If the answer to any of the above is YES, please explain on your letterhead
III.
A.
Does the applicant' legal services in connection with the property transfer or leasing include a procedure to evaluate such things as:
1.
a. whether the type of business in question creates, or may in the past have created environmental problems?
Yes
No
b. If "Yes", in writing?
Yes
No
2.
a. whether any specific site locations owned or leased now or in the past, or property to be acquired is likely to be contaminated by hazardous substances (e.g. asbestos, lead or PCBs)?
Yes
No
b. If "Yes", in writing?
Yes
No
3.
a. whether any specific site locations owned or leased now or in the past, or Properties to be acquired are located in, or adjacent to, ecologically sensitive Areas (such as wetlands, floodplains, aquifers or conservation areas etc.)?
Yes
No
b. If "Yes", in writing?
Yes
No
4.
a. whether any corporate entity connected to the client including all past and present parent subsidiaries, divisions and spin-offs has ever been fined, penalized, cited or sued for violation any federal, state or local environmental law or regulation?
Yes
No
b. If "Yes", in writing?
Yes
No
B.
Does the applicant have a procedure which requires the investigation of potential material environmental risks before resolution of price and other central terms and conditions?
Yes
No
If "Yes", in writing?
Yes
No
C.
Does the applicant have a procedure which requires its attorneys to perform a thorough review with the client of the economic impact of known environmental considerations and potential benefits of further indication or quantification of environmental risks in property transfer or leasing transactions with potential, material environmental exposure?
Yes
No
If "Yes", in writing?
Yes
No
D.
Does the applicant have procedures which address the conduct of employees relative to the handling of material confidential information concerning environmental audits or investigation of transaction related parties?
Yes
No
If "Yes", in writing?
Yes
No
E.
Does the applicant have a procedure requiring the preservation of the written records of the firm in connection with documentation concerning disclosure of site contamination of potential buyers or lessees?
Yes
No
If "Yes", in writing?
Yes
No
F.
Does the applicant have a procedure requiring the preservation of the written records of the firm in connection with the documentation of investigation of sites, for buyers or lessees, to discover environmental damages?
Yes
No
If "Yes", in writing?
Yes
No
G.
Does the applicant have a procedure requiring its real estate lawyers to participate in in-house seminars on current environmental topics and developments and/or to attend continuing legal education seminars on current environmental developments?
Yes
No
Signature of Owner,
Officer or Partner
Title
Date