Cooperation and Works 1 Environmental Initiatives PRESENCE TEST FURTHER INSTRUCTION Do the parties acknowledge a commitment to environmental This be any type of initiative relating to environmental sustainability and include at least one form of initiative in the sustainability (such as recycling, green cleaning or land use lease that is intended to achieve such a positive ecology). The intent of this clause is to encourage the parties environmental outcome? to, at a minimum, determine collaborative priorities with regards to environmental sustainability and commit to consideration of these during the term. This can result in a doubled scoring of a topic where the initiative is also a topic for consideration as part of the Leasing Standard. OVERVIEW CONCERN/RISK MITIGATION These clauses may be used instead of or in addition to other Parties may be concerned that clauses relating to These clauses compel co-operation but are limited by what is clauses relating to Environmental Sustainability. environmental sustainability will result insignificant costs practical and reasonable. If costs or operations will be and/or disruption to building operations. adversely affected by activities under these clauses they may not be enforced. SAMPLE CLAUSES NOTES CLAUSE CONCERN/RISK MITIGATION none noted 1.1 Commitment none none noted The Landlord and the Tenant are each committed to managing and operating the Building and the Premises to promote energy efficiency and minimise the environmental impact of the use and occupation of the Building. NOTES CLAUSE CONCERN/RISK MITIGATION These are positive, high-level 1.2 Co-operation Tenants may be concerned that Listing specific activities that commitments that can be the wording not do constitute interference may be “must As part of their commitment in clause 1.1, the Landlord and the Tenant will cooperate placed in a lease document anything” is broad and will more acceptable to a tenant then with each other and act in good faith to: where more structured impose unforeseen obligations a blanket statement. positively contribute to the working environment of the occupants of the Building or costs on the tenant. and the Premises;
Cooperation and Works 1 Environmental Initiatives PRESENCE TEST FURTHER INSTRUCTION Do the parties acknowledge a commitment to environmental sustainability and include at least one form of initiative in the lease that is intended to achieve such a positive environmental outcome? This be any type of initiative relating to environmental sustainability (such as recycling, green cleaning or land use ecology). The intent of this clause is to encourage the parties to, at a minimum, determine collaborative priorities with regards to environmental sustainability and commit to consideration of these during the term. This can result in a doubled scoring of a topic where the initiative is also a topic for consideration as part of the Leasing Standard. OVERVIEW CONCERN/RISK MITIGATION These clauses may be used instead of or in addition to other clauses relating to Environmental Sustainability. Parties may be concerned that clauses relating to environmental sustainability will result insignificant costs and/or disruption to building operations. These clauses compel co-operation but are limited by what is practical and reasonable. If costs or operations will be adversely affected by activities under these clauses they may not be enforced. SAMPLE CLAUSES NOTES CLAUSE CONCERN/RISK MITIGATION none noted 1.1 Commitment The Landlord and the Tenant are each committed to managing and operating the Building and the Premises to promote energy efficiency and minimise the environmental impact of the use and occupation of the Building. none none noted NOTES CLAUSE CONCERN/RISK MITIGATION These are positive, high-level commitments that can be placed in a lease document where more structured 1.2 Co-operation As part of their commitment in clause 1.1, the Landlord and the Tenant will cooperate with each other and act in good faith to: positively contribute to the working environment of the occupants of the Building and the Premises; Tenants may be concerned that the wording “must not do anything” is broad and will impose unforeseen obligations or costs on the tenant. Listing specific activities that constitute interference may be more acceptable to a tenant then a blanket statement.