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Climate Contract Playbook Edition 3

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2.2.3

engage, at its own expense, the services of an appropriately qualified environmental, sustainability consultant or other qualified professional satisfactory to the other Party (acting reasonably), to investigate the non-compliance or Serious Environmental Incident and prepare an Environmental Damage Report and a draft Corrective Action Plan for agreement between the Parties; agree within [fifteen (15) Business Days) the Corrective Action Plan with the other Party; and diligently take, at its own expense, all the reasonable steps necessary to implement the pertinent Corrective Action Plan in a form and substance satisfactory to the other Party. In the event that a Party commits a material breach of Clause 2.1 and/or fails to take any and/or all the steps necessary to implement the Corrective Action Plan referred to at Clause 2.2.4, the other Party may suspend this Agreement until the breach is remedied or for a specified period but in any event for no more than [..] days, by giving written notice to the Party in breach. The Customer or Supplier may terminate the agreement with immediate effect by giving written notice to the other Party who commits a material breach of this Clause 2 and fails to comply with the recommendations and measures specified in the Corrective Action Plan or required under Clause 2.3. The Customer or Supplier may also claim damages for any additional costs that it incurs as a result of the breach. The Party in breach of this Clause 2 also hereby indemnifies the other Party for any loss resulting from such breach, including without limitation any reasonably incurred public relations costs or legal fees.

2.2.4

2.2.5

2.3

2.4.

3.

Amendments to the Sustainability Policy

3.1 The Parties agree to engage in discussions regarding proposed amendments to the Sustainability Policy within a reasonable timeframe but no later than 30 days when notice is provided by one Party to the other. The Parties agree to amend the Sustainability Policy accordingly where the Supplier’s own policies and practices exceed those set out in the Sustainability Policy.

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