Conflicting Environmental Requirements Clause Samples

Conflicting Environmental Requirements. 21.8.1 If the Concessionaire becomes aware of a conflict between any environmental and social standards, guidelines or norms with which the Concessionaire must comply in accordance with the Concession Agreement (each, a “Conflicting Environmental Standard”, the more stringent of the Conflicting Environmental Standards shall apply. 21.8.2 If the Concessionaire believes that the more stringent Conflicting Environmental Standard cannot be met in full, or if the Concessionaire is not able to determine which of the Conflicting Environmental Standard is the most stringent, the Concessionaire shall notify the Contracting Authority and the Environmental Consultant as soon as possible and in any event within [seven (7)] days of becoming aware that such requirement may not be fulfilled. 21.8.3 Such notice shall include all details reasonably necessary for the Contracting Authority to evaluate such request, including: (a) an identification of the Conflicting Environmental Standard; (b) a detailed explanation as to why the Concessionaire cannot comply with the relevant Conflicting Environmental Standard, and why such noncompliance could not have been expected to be mitigated by the Concessionaire acting in accordance with Good Industry Practice; and (c) if applicable, the alternative standard which the Concessionaire proposes should be achieved, a full and detailed justification for the alternative, including demonstrating that the less stringent standard is protective of the human health and the environment. 21.8.4 The Contracting Authority shall consult with the Environmental Consultant and shall direct the way in which the conflict shall be resolved by the Concessionaire, within thirty (30) days from the receipt of the Concessionaire’s notice under Clause 21.8.3. 21.8.5 Unless otherwise provided in the Contracting Authority’s directions under Clause 21.8.4, the Concessionaire shall not be relieved to comply with its obligations under the Concession Agreement.