Climate Contract Playbook Edition 3
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1.3 Each Party represents and warrants that the Environmental Representations are true as at the date of this Agreement, and on the date of the delivery of the Environmental Monitoring Report.
2.
Environmental Covenants.
2.1. Each Party shall comply[, and shall require their subcontractors to comply,] with the following obligations set forth below: 2.1.1. Each Party shall conduct its business with due diligence, in an efficient and environmentally responsible manner, adhering fully to the Environmental Action Plan, the Environmental Legislation, the Environmental Standards and Guidelines, and the Sustainability Policy and ensuring that all its operations are carried out in accordance therewith.
2.1.2
Each Party shall, within 45 days from the close of each Fiscal Year, provide the other Party with an Environmental Monitoring Report. Each Party shall maintain in force all Environmental Licences, and shall comply with and observe all conditions and restrictions contained in or imposed by any such Environmental Licenses. Each Party shall use best endeavours to ensure that its Facilities, Plants, and Equipment are designed, built, operated and/or maintained in accordance with the requirements set forth in the Environmental Action Plan, the Environmental Legislation, the Environmental Standards and Guidelines, and the Sustainability Policy. Each Party shall, at the request of the other Party, allow the other Party or the person it designates to visit and inspect its Facilities, Plants and Equipment. Each Party shall, at the request of the other Party (acting reasonably and made not more than once a year), provide the other Party with information about its activities and its compliance with the requirements pertaining to the Environmental Issues, its compliance (or non-compliance) with the Environmental Licences and the implementation of the Environmental Action Plan. The other Party shall have no right to confidential information, any information that attaches privilege of any kind, commercially sensitive information, and any information that is not directly relevant to the Party’s compliance with its obligations under Clauses 1 and 2.
2.1.3
2.1.4
2.1.5
2.1.6
2.2 In the event that a Party [or a third party competent authority responsible for enforcing Environmental Legislation] detects any non-compliance with the Environmental Action Plan, the Environmental Legislation, the Environmental Standards and Guidelines, and/or the Sustainability Policy, and/or any Serious Environmental Incident, that Party shall: 2.2.1 subject to Clause 2.2.2, notify the other Party within [five (5) Business Days] from the date of discovery of such non-compliance, or within [forty-eight (48) hours] in the event of a Serious Environmental Incident, providing a reasonably detailed written description of such non-compliance or Serious Environmental Incident, including, but not limited to, an account of the expected environmental damage resulting therefrom;
2.2.2
have the option to remedy any non-compliance that does not amount to a Serious Environmental Incident within five (5) Business Days from the date the non- compliance was detected, if that Party reasonably believes it is possible to do so. That Party shall then have a further five (5) Business Days before it is required to notify the other Party of non-compliance in accordance with Clause 2.2.1;
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