Sample Assignment and UCC Language
The following is sample language for a remediation contract or an addendum to an existing contract.
EnviroCap makes no representations or warranties concerning the adequacy or legal enforceability of the
sample language; and you are advised to consult with your attorney. Please be sure to customize the names
of the State Trust Fund and add, delete or otherwise change any language to make this consistent with your
unique circumstance and other existing contractual language you may have.
Assignment / Security Interest
As consideration for remediation, consulting and other valuable services performed by Consultant for Client, Client
hereby assigns to Consultant and its assigns all its rights, title and interest in and to all money accounts, general
intangible, proceeds, revenue, receipts and all other sums s for reimbursement services performed by Consultant that
are due or received from the ___________________________________ ("State Trust Fund)" , and grants
Consultant a security interest in all money, accounts, general intangibles, proceeds, revenue, receipts and all other
sums for reimbursement services due or received from the State Trust Fund. This security interest attaches as of the
date the reimbursement services are performed. Client acknowledges that any payment Client receives from the
State Trust Fund for work performed by Consultant are held in trust for Consultant. To the extent reimbursement is
approved by the State Trust Fund, Consultant and Client agrees that the assignment constitutes "payment" for
services, as required by applicable law.
Client represents that it is a corporation / limited partnership / general partnership / limited liability company /
individual (circle one). Client authorizes Consultant to file a financing statement under the Uniform Commercial Code
provisions of the appropriate state; and Client represents and warrants to Consultant that upon filing of such financing
statements, that Consultant's security interest constitutes a first priority security interest.
Authorization
To the extent allowable by applicable law, Client authorizes Consultant to receive payments from the State Trust
Fund directly, and appoints Consultant and EnviroCap, LLC (Consultant’s financier of reimbursement claims) as
attorney in fact to act in the name of Client to ask, demand, collect and receive all sums of money, interest,
supplemental payments, or reimbursement now due or which may become due, or to endorse Client's name on any
checks or other forms of payment relating to claims paid by the State Trusts Funds, and to open any mail or
correspondence in the name of Client directed to Consultant's address. This assignment and these powers, coupled
with an interest, are irrevocable, and shall survive the term of this Agreement (or Amendment) as long as Consultant
remains unpaid.
Sample UCC language
Use the same language as spelled out in your security interest section (example below).
All money, accounts, general intangibles, proceeds, revenue, receipts and all other sums for reimbursement services
due or received from the ______________________________ (State Trust Fund) for remediation services performed
by Secured Party.