Environmental Emissions Reporting

Environmental Emissions Reporting Agreement

Parties

Effective Date:

Recitals

WHEREAS, Client owns or operates the facility identified below and is required by applicable law or internal policy to prepare and submit periodic environmental emissions reports; and

WHEREAS, Consultant has professional expertise in measurement, calculation, verification, and preparation of emissions inventories, and is willing to perform emissions reporting services for Client in accordance with the terms of this Agreement; and

WHEREAS, the parties desire to set forth their respective rights and obligations regarding emissions data collection, reporting, confidentiality, and compensation.

Definitions

"Report" means the written emissions inventory and accompanying documentation prepared by Consultant pursuant to this Agreement, including source descriptors, calculation methodologies, measurement records, and supporting data.

"Confidential Information" means non-public technical, operational, business or financial information disclosed by one party to the other in connection with the performance of this Agreement.

Scope of Work

Consultant shall perform the services described below for the facility identified as Facility Name: located at Facility Location: .

Reporting Requirements and Methodology

Reporting Period: From to .

Payment Terms

Total Fee: (USD).

Invoice Due Days: days after invoice date.

Late Fee: % per month on overdue amounts, calculated pro rata.

Term and Termination

Term Commencement Date: . Term Expiration Date: .

Either party may terminate this Agreement for material breach if the breaching party fails to cure within days after written notice. Either party may terminate for convenience upon days' prior written notice.

Confidentiality

Each party shall maintain in confidence all Confidential Information received from the other and shall not disclose or use such information except as necessary to perform obligations under this Agreement or as required by law. Confidential Information does not include information that (a) is or becomes publicly known through no breach by the receiving party, (b) was lawfully known by the receiving party prior to disclosure, or (c) is independently developed by the receiving party without use of the disclosing party's Confidential Information.

Upon termination or expiration, Consultant shall return or securely destroy Confidential Information and certify in writing to Client that all such copies have been returned or destroyed, except where retention is required by law or professional recordkeeping obligations.

Data Security and Records

Consultant shall implement industry-standard administrative, physical and technical safeguards to protect electronic and physical emissions data. Consultant shall retain records, raw data, and working calculations for years from the date of report submission and shall make such records available to Client upon reasonable request.

Representations, Warranties and Compliance

Consultant represents that it will perform services in a professional and workmanlike manner in accordance with recognized industry standards and applicable laws and regulations. Client represents that it will provide accurate and timely access to necessary data and facility personnel.

The parties acknowledge that Consultant's Report is prepared based on information available at the time; Client retains responsibility for regulatory compliance and for submitting the Report to any governmental authority when required.

Liability and Indemnification

Each party shall indemnify and hold harmless the other party from third-party claims arising from that party's negligent acts or willful misconduct in performance of this Agreement. Consultant's aggregate liability for claims arising out of this Agreement shall be limited to the total fees paid to Consultant under this Agreement during the twelve (12) months preceding the claim, except for liability resulting from gross negligence or intentional misconduct.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles. The parties shall first seek to resolve disputes through good-faith negotiation; if unresolved, disputes shall be submitted to binding arbitration in the county where Client's principal facility is located, unless otherwise agreed in writing.

Certifications

By signing below, each signatory certifies under penalty of perjury that: (a) they are authorized to execute this Agreement on behalf of the party for whom they sign; (b) to the best of their knowledge, the information provided for preparation of the Report is true, complete and accurate; and (c) they will promptly notify the other party of any material change to underlying data that would affect previously submitted reports.

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