---
kind: "section"
citation: "10 C.F.R. § 770.9"
title: "10"
number: "770.9"
heading: "What conditions apply to DOE indemnification of claims against a person or entity based on the release or threatened release of a hazardous substance or pollutant or contaminant attributable to DOE?"
url: "https://uscodex.org/cfr/10/770.9"
---

# §770.9. What conditions apply to DOE indemnification of claims against a person or entity based on the release or threatened release of a hazardous substance or pollutant or contaminant attributable to DOE?

- (a) If an agreement for the transfer of real property for economic development contains an indemnification provision, the person or entity requesting indemnification for a particular claim must:
  - (1) Notify the Field Office Manager in writing within two years after such claim accrues under [§ 770.11](/cfr/10/770.11.md) of this part;
  - (2) Furnish the Field Office Manager, or such other DOE official as the Field Office Manager designates, with evidence or proof of the claim;
  - (3) Furnish the Field Office Manager, or such other DOE official as the Field Office Manager designates, with copies of pertinent papers (e.g., legal documents) received by the person or entity;
  - (4) If requested by DOE, provide access to records and personnel of the person or entity for purposes of defending or settling the claim; and
  - (5) Provide certification that the person or entity making the claim did not contribute to any such release or threatened release.
- (b) DOE will enter into an indemnification agreement if DOE determines that indemnification is essential for the purpose of facilitating reuse or redevelopment.
- (c) DOE may not indemnify any person or entity for a claim if the person or entity contributed to the release or threatened release of a hazardous substance or pollutant or contaminant that is the basis of the claim.
- (d) DOE may not indemnify a person or entity for a claim made under an indemnification agreement if the person or entity refuses to allow DOE to settle or defend the claim.
- (e) Any indemnification provided will apply to any successor, assignee, transferee, lender or lessee of the original entity that acquires ownership or control.

## Notes

### Amendments

[65 FR 10689, Feb. 29, 2000, as amended at 78 FR 67927, Nov. 13, 2013]

### Authority

Authority: 50 U.S.C. 2811.

### Source

Source: 65 FR 10689, Feb. 29, 2000, unless otherwise noted.

### Amendments

[65 FR 10689, Feb. 29, 2000, as amended at 78 FR 67927, Nov. 13, 2013]