Clauses

Model climate terms and conditions that an impact investor financing private sector infrastructure in developing countries can incorporate into its standard documents. 

Revising the standard of care for construction contracts to require Contractors and Service Providers to adhere to best industry practice to mitigate climate risk and ensure that a construction project meets its decarbonisation or net-zero objectives.

The climate solutions intellectual property rights (IPR) licence could be adopted by organisations who wish to take a more open approach to using IPR to contribute towards the generation and deployment of climate solutions. 

Environmental, social and governance (ESG) commitments by an intellectual property rights (IPR) holder to make available certain IPR for the research and development of third party commercial solutions to minimise climate change.

Recitals that confirm the intentions of the parties to perform the contract in a way that reduces their organisational greenhouse gas emissions and the emissions associated with the contract. 

Provisions for standard non-disclosure or confidentiality agreements (NDAs) to ensure climate change and environmental issues are discussed at the outset of new commercial relationships.

Extension of director and major shareholder warranties and issuer/director undertakings in underwriting, sponsor and similar agreements in respect of environmental position and climate risk.

A checklist that requests one-off or repeated disclosure of a company’s climate-related lobbying, financing, sponsoring and climate leadership activities.

Obligations that can be included in any corporate investment, finance, insurance or supply agreement, requiring counterparties to demonstrate responsible climate policy engagement and leadership. 

Amendments and additions to standard Force Majeure agreements to ensure contracting parties work together to balance financial risks and avoid unintended adverse environmental and social issues.

A due diligence questionnaire (DDQ) that asks potential suppliers to provide information regarding a wide range of climate change-related issues going beyond the standard questions.

This DDQ is for buyers to assess a target’s net zero transition readiness, resilience and ability to adapt to future climate risks.