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Contracts Keyed to Fuller
Polaroid Corp. v. Rollins Environmental Services
Facts
Polaroid Corp. and Occidental (Plaintiffs) entered into agreements with Rollins Environmental Services (Defendant) in which Defendant agreed to provide waste disposal services for Plaintiffs. By the terms of both agreements Defendant agreed to abide by federal, state, and local environmental regulations and to indemnify Plaintiffs for any liability arising from Defendant’s performance. During the course of doing business with Plaintiffs, Defendant sometimes stored Plaintiffs’ waste materials in a "tank farm" until Defendant's facility was able to process the waste. Several hazardous waste spills occurred there, and the United States Environmental Protection Agency (EPA) notified Plaintiffs that, as waste generators, they were potentially responsible parties under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) and would be held jointly and severally liable for investigation and remediation costs incurred by the government. Plaintiffs sued when Defendant refused to indemnify them for the costs. The court granted summary judgment to Plaintiffs. Defendant appealed.
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