Clauses

Amendments to standard land promotion agreements and precedents aimed at balancing climate change and environmental issues against maximising financial returns for the landowner and promoter.

Creative interest rate remedies by which payments are made either to a “green” cause or an off-setter. 

A clause ‘extending’ insurance policies to cover pending climate change litigation, on the condition that the policyholder discloses its net zero targets and climate risk exposure.

A clause in production agreements obliging video/film production companies to disclose the carbon footprint generated by the production of the video/film in the credits.

A share purchase/ asset purchase agreement clause requiring the purchaser to maintain/ improve the target company's green credentials post acquisition, linked to payment from escrow if successful.

This clause builds climate change mitigation into the environmental/ social standards in Development Finance Institution (DFI) or Export Credit Agency (ECA) finance transactions.

A formal ‘carbon budget’ alongside the traditional financial budget for construction projects, to incentivise industry participants to reduce greenhouse gas (GHG) emissions through use of more sustainable materials. 

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

A clause containing mutual obligations to allow all parties to either perform their own obligations in a way that reduces their carbon footprint and/ or require other parties to do so.

The clause gives customers a right to switch supplier if their existing supplier is unable to match a ‘greener’ offer made by an alternative supplier.

Drafting resources to help local planning authorities gain confidence in requiring net zero development as standard in their areas through policy, planning conditions and obligations.