Common use of Environmental Commitment Clause in Contracts

Environmental Commitment. ‌ (a) Unless otherwise agreed between the parties the Developer is to provide the following information, by the due dates as specified: (i) Prior to the issue of the first Construction Certificate for the Development, excluding any Construction Certificate issued for demolition of existing structures on the Land, early works or works below ground level, the Developer must submit to the City’s Representative: (A) the signed Commitment Agreement; (B) the executive summary of the Energy Efficient Review prepared by a NABERS certified Independent Design Reviewer; (C) evidence that the Developer has formally registered for a Building rating with the Green Building Council of Australia; and (D) a copy of the Green Star Buildings Pathway. (ii) The Developer must submit to the City’s Representative: (A) a copy of the design assessment within 10 business days of submission to the Green Building Council of Australia; and (B) a report, from an appropriately qualified consultant, demonstrating water efficiency and how the proposed building is likely to achieve a 4 star ▇▇▇▇▇▇ water rating submitted prior to the relevant construction certificate. (b) If the Developer fails to provide an Environmental Commitment outlined in Clause 1 of Schedule 3, then the Developer will meet with the City and use its best endeavours to mutually agree on alternative measures it will put in place in order to achieve a sustainable Commercial Development.‌ (c) The Developer will keep the City informed of its progress in relation to the achievement of its commitments with respect to the Environmental Commitments by providing written confirmation that prior to the issue of the first Occupation Certificate the Development: (i) will use 100% renewable energy, 100% electric and 100% carbon neutral in operation across scope 1 and 2 operational emissions across base building services; (ii) is on track to comply with the ▇▇▇▇▇▇ rating specified in Item 6a.(i) of Clause 1 of Schedule 3 and the Green Star rating proposed; (iii) is on track to achieve the ▇▇▇▇▇▇ and WELL ratings expressed as Targets in Items 6c and 6f of Clause 1 of Schedule 3; (iv) is on track to achieve the ▇▇▇▇▇▇ ratings expressed as Targets in Items 6a.(ii) and 6b; (v) will achieve alternative Environmental Commitments as agreed in accordance with Clause 7.1(b) of Schedule 3.