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The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.

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Resource Listings

Articles

The Rise of Nearshoring in Mexico and its Real Estate Considerations

By Jorge R. Ojeda and Abel Quezada (Cacheaux, Cavazos & Newton, a Primerus member firm)

The coronavirus pandemic, the U.S.-China trade war, and the war in Ukraine have accelerated the transformation of the world's global supply chains. These developments have prompted organizations to search for a closer, more reliable supply chain that is less dependent on transoceanic transportation. This article discusses considerations for foreign companies choosing Mexico as a nearshoring option.

Sample Forms, Policies, and Contracts

Real Estate Purchase Contract

This Commercial Purchase and Sale Agreement was a form revised to fit the buyer’s needs in an eight-figure acquisition. The property was a shopping center including several leases, and the agreement also required assumption of the seller’s loan. The agreement focuses heavily on seller disclosures, representations and warranties, and required provisions at closing. This sample includes a choice-of-law clause selecting the laws of Utah. This sample was published on September 29, 2015, republished on April 3, 2023.

Program Materials

Allocating Environmental Risks in Commercial and Real Estate Transactions

Environmental risks and liabilities, which can be substantial, are a part of most commercial and real estate transactions involving in-house counsel. Parties to a transaction must identify, evaluate and allocate those risks and liabilities in order to protect their interests; and the parties—sellers, purchasers, lenders and insurance companies—have diverse perspectives and methods for managing environmental risks. Learn the sources of environmental liabilities, including federal and state statutes, implementing regulations, local ordinances and rules and common law. Then discover contractual provisions for allocating or limiting environmental risks, including definitions, representations and warranties, covenants and conditions precedent, indemnities, releases and other contractual mechanisms to allocate or limit such risks. Speakers also will reveal non-contractual ways to allocate or limit environmental risks, including deed restrictions and environmental insurance.

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