Disclaimer - please read
The definitions on this website (and published in our Climate Contract Playbook) have been prepared in good faith on a pro bono basis and are free to download and use. The definitions have been drafted and edited by a variety of lawyers and, as such, the approaches to drafting may not conform to any particular drafting norms. We acknowledge this as a consequence of the collaborative drafting process.
The definitions on this website (and published in our Climate Contract Playbook) are provided on an ‘as is’ basis and without any representation or warranty as to accuracy or that the definitions will achieve the relevant climate goal or any other outcome.
This website (and the Climate Contract Playbook) does not comprise, constitute or provide personal, specific or individual recommendations or advice of any kind, and does not contain legal or financial advice. The definitions are precedents for legal professionals to use, amend and negotiate using their professional skill and judgement and at their own risk.
While care has been taken in the drafting of these definitions, neither The Chancery Lane Project nor any of its contributors owe a duty of care to any party in relation to their preparation and do not accept any liability for any errors or omissions, nor for any loss incurred by any person relying on or using these definitions or any other person. Users should use their own professional judgement in the application of these definitions to any particular circumstance or jurisdiction or seek independent legal advice.
At present, all the definitions are based on the laws of England and Wales. We encourage the conversion of these precedent definitions for use in other jurisdictions.
Climate Change Event
Climate Change Event means an event, series of events or circumstance arising from the physical impacts of Climate Change that is either Pan-terra or Epi-terra in scope and prevents a party from performing its obligations under this agreement [including an obligation to pay money], and includes but is not limited to:
(i) unavailability of water, clean air or other Natural Capital required by a party to manufacture or supply the [products/services];
(ii) damage to a party’s premises, including flooding due to sea level rise or an increased intensity of rain and storms;
(iii) disruption of logistics and transport systems relied on for the supply and distribution of key inputs or outputs;
(iv) unsafe working conditions due to heat stress, extreme weather or increased disease;
(v) damage or disruption to food supply chains, housing or transport affecting the availability of food, shelter or transport for workers;
(vi) unavailability of insurance;
(vii) unavailability of workers; and
(viii) [INSERT OTHER ADVERSE EVENTS].
This definition is taken from Iris’ Clause.
Commercial agreements, supply chain clauses, public procurement contracts – any clause that is activated when an event increases the climate impacts of a contract, insurance contracts.