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URS Verification Pvt. Ltd.

                                                                                                                                     PROCEDURE URSV/P4


I. Purpose:

To prepare the regulation in relation to the validation/verification and certification activities

II. Scope:

This procedure sets out the regulations in relation to the validation/verification and certification activity.

III. Responsibility: Scheme manager

IV.  Procedure

The contractual relationship between the client/project proponent and URS Verification Private Limited, hereinafter called ‘VVB’ – Validating/Verification body, is based on “URSV’s Regulations”. This bilateral agreement for the validation or verification of Green House Gas (GHG) project applies along side the proposal for validation or verification, (which defines the scope of work) and covers the tasks to be performed by the URS Verification Private Ltd. and by the client. The acceptance of the offer does neither automatically entail a positive validation/verification opinion of the assessor nor the issuance of the emission reduction by the URS Verification Private Limited.

1. Appointment and Scope:

  • Subject to and in accordance with the terms of this agreement, the VVB accepts the duties and obligations set forth herein and agrees to perform those services specified in this agreement (the “services”).

  • Neither of the party employ shall have any authority to make decisions for the other party in any way (including the executions of agreements for the provision of services by or for the other party with the third parties.)

2. Responsibilities of the Project participant:

  • To arrange and secure the dates for audits with the required person on site.

  • To indicate addresses (email, phone) of all persons and institutions which will be required during the review process.

  • To secure the access to installations /facilities if necessary

  • To support the audit team at local travel to audit sites.

  • To prepare the project document (PDD/PIN/Monitoring Plan) and comply with scheme or program requirement to which it subscribe.

  • To provide with the necessary and requested access to client books, records, information systems and facilities such that the validator may verify the data and assumptions presented in project document.

  • Any change in the company/project which may significantly influence the work and the execution by VVB, shall be reported to VVB without undue delay

  • Any documents and/ or information are considered provided to the other if transmitted by e-mail and confirmation of receipt is obtained by e-mail

  • To make provision, where applicable, to accommodate observers.

  • To report language, cultural or any social issue that can affect the execution of the validation activity

  • To secure that the data and information provided is correct for the GHG assertions as per the requirements of the applicable GHG programme or scheme.

  • Any other responsibilities/duties as may be identified applicable to specific project. 

3. Health, Safety and Environment (HSE):

  • The project participant shall inform VVB of any real or potential HSE hazard which may be relevant to, involved or introduces in the work and/or any necessary safety measures required for the work, prior to or during the performance of the work.

  • When VVB undertake the work on the site, the project participants shall provide all adequate safety measures to ensure a working environment that is safe and in accordance with all relevant legislation

4. Rights and Responsibilities of the VVB:

In addition to performing the services detailed in the proposal: the VVB shall:

  • Issue a validation/verification report in accordance with the site visit and the activities carried out in relation to the project.

  • The VVB shall arrive at its opinion consideration of the following matters and reporting as to any aspect with which the validator/verifier is not satisfied, namely whether:

    • The project will result in the generation of real measurable, long-term emission reductions.

    • The project design documents (PDD) provides details of how project emissions will be monitored and how emission reduction or sequestration will be determined.

    • Requirements of applicable GHG scheme/programme.

  • The VVB shall be entitled to consult with attorneys, engineers, analysts, accountants, or other parties deemed by the validator/verifier to have the qualifications without any extra fees/charge payable on this account by the client. The VVB may select and engage such persons without the client advise and will take all necessary measures to engage alternate advisors. The VVB may also consult with stakeholders to assist in the performance of the services. Stakeholders shall include the public, the individuals, groups or communities affected, or likely to be affected, by the activity in question.

  • The VVB shall perform the services in an efficient, prompt, skilful and careful manner in accordance with then current industry standards, practice and accredited procedures where applicable. In performing the services, the validator/verifier and its team shall observe and obey all applicable laws, regulations, rules and standards imposed by any government or other duly constituted authority having jurisdiction in the host country.

  • The VVB by accepting the work order doesn’t automatically guarantee a positive validation/verification opinion. 

5. Use of the Deliverable:

  • The deliverable in its entirety will be presented to the client.

  • The deliverable may be included by the client in its annual report or may be issued by client in any separate report that it may publish or be provided to any other interested parties or entities.

6. Compensation and Payment:

  • The VVB shall be entitled to receive compensation for the provision of the services as described in the proposal.

  • The client/project participant shall pay to the VVB the compensation and expenses as detailed in the proposal directly within 15 days from the date of receipt of any invoice.

7. Limitation of Liability and Indemnity:

  • VVB carries out the activity based on information and data supplied by project participant and follow common practices of trade, and exercise due care and skill in the performance of the services and accepts responsibility only in cases of proven negligence.

  • VVB is not liable for any claims, compensations for any errors, omissions or deviations on final outcome of the activity. The liability of VVB to the client in respect of any claim for loss, damage, or expenses of any nature and howsoever shall be limited to an amount equal to the fees paid to VVB under the contract.

  • VVB shall not be liable to the client nor to any third party:

i) for any loss, damage or expense arising from a) a failure by the client to comply with any of its obligations under the Contract, b) any actions taken or not taken on the basis of the Reports or certificates, and c) any incorrect results, reports, certificates arising from unclear, erroneous, incomplete, misleading or false information provided to VVB.

ii) any indirect or consequential loss or damage of any kind whatever,

  • VVB shall be discharged from all liability for all claims for loss, damage or expenses unless claim or suit is brought within 3 (three) months from:

i) the date of service performance by VVB which give rise to the claim, expenses etc, or
ii) the date when the service should have been completed in the event of any alleged non-performance. 

8. Confidentiality:

  • As used herein, “ confidential information” shall include any and all oral and written information provided to the validator/verifier by the client (client information) as well as the financial terms set forth in the proposal (validator/verifier information) provided, however, that confidential information shall not include any information which; is or hereafter become (not in violation of this contract), generally known to the public; was available to the validator or on a non-confidential basis prior to the time it was disclosed by the client, or; is disclosed by a third independent party with a right to make such disclosure. Unless required validator/verifier shall not disclose the confidential information to any person or entity except for its directors, employees or outside consultants retained by it in connection with this agreement.

  • The client/project participant agrees that, except as may be required by applicable laws and regulations and by CDM Procedures, all information shall be treated as strictly confidential and will not be disclosed to any third party without prior written consent of the other, the information which may come into their possession during the performance of services there under.

  • The parties acknowledge and agree that the undertaking set forth here shall survive the termination of this agreement.

9. Governing Law and Jurisdiction:

  • This agreement shall be governed by, and interpreted in accordance with the substantive laws exclusive of any rules with respect to conflict of laws of the country in which the VVB’s principle place of business is situated - at present NCR in India.

  • Exclusive venue for any and all disputes of any kind arising out of or in relation to this agreement, including its validity, shall be the validator/verifier’s principle place of business.

10. Appeals and Complaints:

  • Should the project participant/client which to appeal against or complain about the determinations of URSV, it should do so in accordance with the Appeal and Complaint procedure, a copy of which is available at request.

11. Force Measure:

  • URSV shall not be liable in any respect should it be prevented from discharging its obligations as a result of any matter beyond its control which could not be reasonably foreseen.

12. Title and Rights:

  • The project participant/client shall have full ownership rights to deliverables developed by URSV as part of the work, unless otherwise specified.

  • Any writing (including but not limited to photographs, diagrams, models and computer programmes) developed during the course of the work, which are not part of the deliverables, shall be the exclusive property of URSV.

  • Not withstanding the above, both parties agree that any intellectual property right in existence prior to this agreement (either as a field application or already obtained) shall remain the sole property of the originating party

  • The project participant/client shall not use VVB’s trademark in anyways without prior written consent or else specified in logo regulations.

  • Project participant/ client shall save, identify, defend and hold harmless URSV from all claims, losses, damages, costs (including legal costs), expenses and liabilities of every kind arising out of any alleged infringement of any patent or proprietary or protected rights arising out of or in connection with the execution of the obligation of URSV under this Agreement or use by URSV of any information, material or data supplied by client

  • VVB shall retain the authority and responsibility for its validation activities, decisions and validation statements.

13. Termination of Contract:

  • Either party may terminate the contractual relationship:

i) By giving to the other three months written notice, without any reason;

ii) By giving immediate notice in case the other party has committed a material breach of the terms and conditions of the contractual relationship if the same has not been remedied with five days from the date of receipt of a first written notice; or

iii) By giving immediate written notice if either party goes into bankruptcy, liquidation, insolvency, receivership, or an administrator is appointed for all or part of the undertaking thereof.

  • VVB shall be entitled to immediately and without liability either suspend or terminate the services under the contract in the event of:

i) Failure by the client to comply with any of its obligations under this contract and governed by scheme/standard to which the services relates,

ii) Any suspension or non- clearance of payment, arrangement with creditors, bankruptcy, insolvency or cessation of business by the client,

iii) Force measure, including but not limited to, acts of God, war, terrorist activity, industrial action, illness, death or resignation of personnel, and failure to obtain permits/licenses etc,

  • Upon the suspension or termination of the contract services, VVB shall nevertheless entitled to payment by Client of:

i) The amount of all expenditures actually made or incurred,

ii) A proportion of agreed fees equal to the proportion of services actually carried out or provisioned thereof, and

iii) VVB shall be relieved of all responsibility for the partial or total non-conformance of the required services under the contract. 

14. Changes to the Validation Service Work Order:

  • Changes to these terms and conditions are not permitted except through a letter signed by both parties, which shall form an addendum to this agreement.

15. Facts discovered after Validation/Verification Statement Issuance:

  • VVB shall consider appropriate action if facts that could materially affect the validation or verification statement are discovered by the client, responsible party or GHG programme after the issuance of the validation or verification statement.

16. Special Validation/ Verification

In case validation or verification is required to be conducted in short notice for previously validated GHG assertion (in response to complaints or facts discovered after  validation), URSV notify the client or responsible party in advance about  condition under which special validation or verification is being conducted and the client shall allow for such visits.  

17. Any notice under these regulations shall be in writing and signed by or on behalf of the party giving it and may be served by leaving it or sending it by pre-paid recorded delivery or registered post, in the case of the registered organization at or to its address for the time being (registered office where applicable).  Any notice so served by post shall (unless the contrary proved) be deemed to have served 48 hours from the time of posting; and in proving such service it shall be sufficient to prove that the notice was properly addressed and was posted in accordance with this regulation.

18. As an accredited registrar the relevant Accreditation Bodies reserve the right to perform witnessed audits on our auditors, you therefore need to be aware that as a registered client there maybe instances where the auditor will be accompanied by an auditor(s) from the relevant Accreditation Body. As a registered client you are obliged to allow the Accreditation Body auditor(s) to carry out the witnessed audit on your site.

V.References Documents and Records:

Climate Change Management Services: Proposal For Validation,

Climate Change Management Services: Proposal For Verification,URSV/F17.2

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