Conflict Materials

All suppliers working with Berkshire Hathaway Energy and its businesses must submit to the Conflict Mineral requirements under Article I of the Dodd-Frank Act. The supplier shall provide information on the content of materials, manufactured or contracted to be manufactured by the supplier for Berkshire Hathaway Energy, that utilize or contain the "conflict minerals" wolframite, cassiterite, columbite-tantalite (coltan), gold and their derivative metals: tantalum, tin and tungsten. The information will be provided in a form that will allow Berkshire Hathaway Energy to verify compliance with Section 1502 of the Dodd-Frank Act (the U.S. Conflict Minerals Law) and will include evidence of the origin or sources of the conflict minerals. The information will be submitted at or prior to the time of delivery of products in a form approved and/or designated by Berkshire Hathaway Energy from time to time.

The supplier shall obtain Berkshire Hathaway Energy’s prior written consent before providing any products to Berkshire Hathaway Energy that include conflict minerals originated from the Democratic Republic of Congo or the nine adjoining conflict countries; Angola, Burundi, Central African Republic, the Republic of the Congo, Rwanda, South Sudan, Tanzania, Uganda and Zambia. The supplier shall maintain effective accounting procedures, internal controls and audit procedures necessary to record the country and place of origin of all minerals included in products provided to Berkshire Hathaway Energy, and to verify compliance with this article. Berkshire Hathaway Energy shall be permitted to audit such records as reasonably necessary to confirm the supplier’s compliance with this article. The supplier shall indemnify and hold Berkshire Hathaway Energy harmless for all fines, penalties, expenses or other losses sustained by Berkshire Hathaway Energy as a result of the supplier’s breach of this article.