1. How Responsibility (And Liability) Often Rests On Those Least Able To Pay Presented by: Bradley W. Sullivan

2. 1,000,000 tons

3. Farmer/grower liability  Contribution  Indemnity  Traceback  Contract provision

4. Hold Harmless and Indemnity Agreements  Change legal duties  Strict v. Negligence liability  “Additional insured” can add parties/complications

5. Hold Harmless and Indemnity Agreements  Can specify type and/or limits of coverage  Specify coverage limits beyond financial ability of farm  False sense of security  Rationale is to go to source of contamination  Raises question of what source may be if in environment

6. Mandatory Hold Harmless and Indemnity Agreements  Farm’s response  Restructuring to limit assets  Changing crops

7. Options for Farms  Increasing limits  Ignoring requirement  Insurance Limits available  Exclusions  Inconsistency with GAPs

8. QUESTIONS