Climate Contract Playbook Edition 3
188
The clause focusses on the thing being built, rather than the way it is built. That is the clause does not focus on the internal discretionary decisions the Contractor might make (which do not alter the finished product) or decisions as to methodology. The drafting assumes a definition of Green Loan representing third party construction finance that carries a discounted coupon in return for hitting various environmental targets. The drafting envisages cross referencing and interfacing with dispute resolution and contract variation mechanisms.
Notes for users
Additional Definitions Green Modification means a change to the requirements of the deed or the Works which: (a) increases the resilience of the completed Project to the impacts of climate change (including gradual onset and extreme weather events); (b) improves the energy efficiency of the completed Project from the existing obligations in the deed (including through a design change or change to construction materials); (c) increases protection of the natural environment by: (i) increasing protection of, or enhancing, existing ecological features on the site; (ii) increasing protection of wildlife and wildlife habitats on or impacted by the site or the Project; (d) increases the utilisation of local suppliers; (e) increases green travel to and from the site; (f) otherwise assists the Employer in meeting the Green Objectives. Green Objectives means the following shared objectives: (a) to carry out the Project responsibly, sustainably, ethically and in accordance with all applicable laws and good business practice; (b) in relation to the construction phase and the undertaking of the construction activities: (i) maximising: (A) the use of sustainable materials; (B) the use of materials which result in lower emissions of greenhouse gasses throughout the supply chain; and (C) the protection of the natural environment; (ii) minimising: (A) emissions of greenhouse gases; (B) the use of environmentally harmful materials; (C) the use of water; (D) the generation of waste; and (E) the generation, emission or transmission of pollution (without diminishing any obligation to avoid pollution in particular circumstances); (c) in relation to the Employer’s circumstances: (i) maximising the prospect of achieving the Employer’s Net Zero Target; (ii) ensuring, insofar as is relevant to the matters the subject of this definition, that the terms of [the Employer’s sustainability linked loan/terms of the Green Loan] are complied with and satisfied;
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