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Access Indemnity Agreement

Draft Access & Indemnity Agreements in Minutes

12 minutes with CaseMark

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12 minutes with CaseMark

What you'll need

  • Deal Term Sheet or LOI
  • Property Information

SOC 2 Type II · HIPAA compliant · $5 free credit

Workflow

Overview

CaseMark's Access & Indemnity Agreement skill automates the drafting of right-of-entry contracts for pre-closing commercial real estate due diligence. It produces comprehensive, execution-ready agreements covering license grants, testing permissions, insurance requirements, indemnity with discovery carve-outs, restoration obligations, and confidentiality — all calibrated to the specific deal parameters and governing law.

Drafting access and indemnity agreements for commercial real estate due diligence is a time-intensive process that requires balancing competing interests — granting meaningful inspection access while protecting property owners from liability. Attorneys must navigate state-specific anti-indemnity statutes, calibrate insurance requirements, and carefully scope indemnity provisions with appropriate carve-outs, often under tight diligence deadlines.

CaseMark automates the entire drafting workflow by collecting deal parameters and generating a complete, execution-ready access and indemnity agreement. The AI handles jurisdictional compliance, insurance specification, indemnity scoping with discovery carve-outs, and invasive testing approval gates — delivering a polished agreement that would typically take hours to draft manually.

How it works

  1. 1. Provide deal parameters including parties, property details, access scope, and insurance requirements

  2. 2. AI drafts a complete, execution-ready access and indemnity agreement with all key provisions

  3. 3. Review and customize terms including indemnity scope, insurance limits, and testing permissions

  4. 4. Export the finalized agreement in your preferred format (DOCX, PDF)

What you get

  • Defined Terms and Recitals

  • License Grant and Access Procedures

  • Invasive Activity Approval Gate

  • Insurance and Endorsement Requirements

  • Indemnity with Discovery Carve-Out

  • Restoration and Lien Remedies

  • Confidentiality Provisions

  • Anti-Indemnity Guardrails and Governing Law

  • Execution Blocks and Exhibits

What it handles

  • Automated license grant and access scope drafting with non-invasive vs. invasive testing gates

  • Insurance and endorsement requirements tailored to deal parameters

  • Indemnity provisions with discovery carve-outs and anti-indemnity statute guardrails

  • Restoration obligations and lien remedy clauses

  • Confidentiality and report-sharing provisions

  • Post-draft alignment audit for consistency and completeness

Required documents

  • Deal Term Sheet or LOI

    Letter of intent, term sheet, or summary of deal parameters including parties, property, and diligence timeline

    .pdf, .docx

  • Property Information

    Property address, legal description, occupancy details, tenant information, and any known hazards or restricted areas

    .pdf, .docx

Supporting documents

  • Purchase and Sale Agreement

    Executed or draft PSA to cross-reference diligence period dates, termination triggers, and defined terms

    .pdf, .docx

  • Existing NDA or Confidentiality Agreement

    Any existing confidentiality agreement between the parties for cross-referencing and consistency

    .pdf, .docx

  • Insurance Certificate or Requirements

    Current certificate of insurance or specific insurance requirements from the property owner or lender

    .pdf, .docx

Why teams use it

Reduce drafting time from hours to minutes while maintaining deal-specific precision

Ensure compliance with state anti-indemnity statutes through automated jurisdictional guardrails

Produce internally consistent agreements with built-in quality audits and alignment checks

Standardize access agreement workflows across your CRE practice for consistent risk allocation

Questions

What type of agreement does this skill produce?

CaseMark generates a short-form, execution-ready right-of-entry contract for pre-closing property inspections in U.S. commercial real estate transactions. It covers license grants, insurance, indemnity, restoration, confidentiality, and anti-indemnity compliance.

Does it handle both Phase I and Phase II environmental access?

Yes. CaseMark drafts agreements that distinguish between non-invasive activities (Phase I assessments, surveys) and invasive testing (Phase II sampling, destructive testing), with a separate approval gate for invasive activities requiring owner consent.

How does the indemnity discovery carve-out work?

CaseMark includes an indemnity provision that protects the property owner from damages caused by the buyer's access activities, while carving out liability for pre-existing conditions that the buyer merely discovers during inspection. This balanced approach is standard in sophisticated CRE transactions.

Does it account for state-specific anti-indemnity statutes?

Yes. CaseMark identifies the governing law based on the property's location and incorporates guardrails to ensure indemnity provisions comply with applicable state anti-indemnity statutes, which vary significantly across jurisdictions.

Can I customize insurance requirements and limits?

Absolutely. You can specify CGL limits, additional insured endorsements, primary/noncontributory requirements, subrogation waivers, and carrier rating minimums. CaseMark defaults to $1M/$2M CGL if no custom limits are provided.

Is the output ready for execution or just a first draft?

CaseMark produces an execution-ready agreement that includes a built-in quality audit and alignment check. While attorney review is always recommended before execution, the output is designed to be substantially complete and internally consistent.

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