Trinity Indus., Inc. v. Greenlease Holding Co.
Citation: 40 ELR 20037
No. No. 08-1498, (W.D. Pa., 01/29/2010)
A district court denied a property seller’s motion for judgment on the pleadings, finding that the sale agreement between the seller and buyer did not bar statutory claims asserted by the buyer under CERCLA, RCRA, and the Pennsylvania Hazardous Sites Cleanup Act. The court held that, although the agreement clearly indicated that the parties intended that there would be a mutual three-year indemnity and hold harmless provision, this provision must be construed together with the nonwaiver of remedies provision. Construing the agreement as a whole, the court concludes that the indemnification provision of the agreement is cumulative and not exclusive. Since the claims asserted by the buyer do not arise under the agreement, they are not barred by it.