Sustainability Certification. The Sustainability Certification is the initial third-party certification of sustainable design, construction, or environmental or energy performance, such as LEED®, Green Globes™, Energy Star or another rating or certification system, that may be designated as the Sustainable Objective or part of the Sustainable Objective for the Project. The term Sustainability Certification shall not apply to any recertification or certification occurring subsequent to the initial certification.
Sustainability Certification. Landlord acknowledges that Tenant is committed to implementing energy efficient and environmentally sustainable practices, and that Tenant may elect to pursue certification of the Premises in accordance with an environmental sustainability monitoring and certification program such as the Leadership in Energy and Environmental Design (“LEED”) Green Building Rating System program promulgated by the U. S. Green Building Council (“USGBC”), or similar programs (collectively, the “Tenant’s Sustainability Initiative”). Landlord acknowledges that in order to pursue such Tenant’s Sustainability Initiative, Tenant may be required to provide information, including a copy of this Lease (redacted if necessary to remove confidential information) and historical and current data regarding energy use and systems operation within the Building and/or Premises to USGBC or to another certification body or agency, in order to demonstrate compliance with various program requirements. Landlord agrees that throughout the Term of this Lease (i) Tenant may furnish a copy of this Lease (redacted as necessary) as reasonably necessary to comply with certification requirements; (ii) Landlord shall cooperate in good faith to maintain and provide Tenant with historical and current data regarding energy use and systems operation within the Project, Building and/or Premises as Tenant shall reasonably require in order to meet Tenant’s Sustainability Initiative, including, without limitation, any applicable certification requirements; and (iii) Landlord shall otherwise cooperate in good faith with Tenant’s Sustainability Initiative.
Sustainability Certification. In respect of the Expansion Project, Seller shall, at Seller’s cost and expense, obtain and thereafter maintain for the remainder of the Term, a Sustainability Certification for the relevant production site, or sites no later than six (6) months after the Commercial Operation Date for the Expansion Project. In respect of the Interim Project, until the Commercial Operation Date for the Expansion Project, Seller will endeavor, through commercially reasonable efforts, to obtain and maintain a Sustainability Certification for the relevant production site, or sites, it being agreed that Seller is not making any representation or warranty as to the likelihood of success in obtaining or maintaining a Sustainability Certification for the Interim Project. Seller shall not be obligated to make any efforts to obtain a Sustainability Certification for the Existing Project. In the event any new sustainability or environmental certifications are being formulated in relevant jurisdictions, and there is a reasonable chance that such certifications will be enacted and applicable to the Expansion Project, the Parties agree to discuss such certifications in good faith and mutually agree upon whether the Parties will obtain any such certification.
