Environmental Compliance Agreement Ensures compliance with environmental regulations, specifying actions, reporting, penalties, and environmental protection measures.
1.1. Purpose
The purpose of this Agreement is to establish the terms and conditions under which the Parties shall cooperate to ensure Party A's compliance with all applicable environmental laws, regulations, and requirements stemming from its operations (the "Environmental Requirements") and to minimize the potential adverse impacts on the environment.
1.2. Scope
This Agreement applies to all activities carried out by Party A and its affiliates, contractors, and employees in relation to the products and services provided to Party B.
2.1. Environmental Management System
Party A shall develop, implement, maintain, and continually improve an environmental management system (the "EMS") in accordance with the ISO 14001:2015 standard, or any other internationally recognized standard determined by mutual agreement between the Parties.
2.2. Compliance Audits
Party A shall conduct regular internal compliance audits to ensure conformity with all Environmental Requirements and to identify areas for improvement within the EMS. Party A shall also cooperate with any audits conducted by Party B or its designated representatives to assess compliance with the terms and conditions of this Agreement.
3.1. Periodic Reporting
Party A shall provide Party B with written reports detailing its compliance with the Environmental Requirements and the performance of the EMS at least annually or more frequently if required by Party B. These reports shall include, without limitation, information on environmental incidents, non-compliances, and corrective actions taken.
3.2. Environmental Incidents and Non-Compliances
Party A shall immediately report to Party B any environmental incident or non-compliance with the Environmental Requirements that has occurred or is reasonably likely to occur in connection with its operations. Such report shall be in writing (email acceptable) and shall include a detailed description of the incident or non-compliance, the measures taken or to be taken by Party A to address the incident or non-compliance, and the expected time frame for full resolution.
4.1. Penalties
If Party A breaches any term or condition of this Agreement, or any of the Environmental Requirements, Party A shall be liable to pay to Party B liquidated damages at a rate of [Amount] per day for each day of the breach, or such other amount as may be agreed upon by the Parties, without prejudice to any other rights and remedies available to Party B under this Agreement or applicable law.
4.2. Indemnification
Party A shall indemnify and hold Party B harmless from and against all claims, liabilities, losses, damages, expenses (including reasonable attorneys' fees), and penalties arising out of or related to Party A's breach of this Agreement or any Environmental Requirements. This indemnification obligation shall survive the termination or expiration of this Agreement.
5.1. Pollution Prevention
Party A shall, at its own expense, employ best available industry practices and technologies to prevent, reduce, and control pollution from its operations, including, without limitation, atmospheric emissions, wastewater discharge, solid waste disposal, and hazardous waste disposal.
5.2. Resource Conservation
Party A shall, at its own expense, employ best available industry practices and technologies to minimize the consumption of natural resources (including energy, water, and raw materials) and to maximize the efficiency of operations.
5.3. Emergency Preparedness and Response
Party A shall develop, implement, maintain, and test on a regular basis an emergency preparedness and response plan to address potential environmental incidents and minimize any resulting environmental impacts. The plan shall be made available to Party B upon request.
This Agreement shall be governed by and construed in accordance with the laws of the United States and the state in which Party A's operations are located. Any disputes arising from or in connection with this Agreement shall be subject to the exclusive jurisdiction of the competent courts of the state in which Party A's operations are located.
7.1. Term
This Agreement shall commence on the date first above written and shall continue in full force and effect until terminated by either Party in accordance with the provisions of this Section 7.
7.2. Termination for Convenience
Either Party may terminate this Agreement for any reason by providing the other Party with written notice of termination. Termination shall become effective thirty (30) days after receipt of such notice.
7.3. Termination for Cause
Either Party may terminate this Agreement for cause by giving written notice with immediate effect if the other Party breaches any material term or condition of this Agreement and does not cure such breach within thirty (30) days of receiving written notice thereof from the non-breaching Party.
In this Environmental Compliance Agreement, you will see the following sections:
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