1. Purpose:

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

 2. Scope:

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

 3.  Procedure

The contractual relationship between the client/project owner and URS Verification Private Limited is based on “URS Climate Change 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 VERs / VCUs by the URS Verification Private Limited.

 1 Appointment and Scope:

• Subject to and in accordance with the terms of this agreement, the validator/verifier 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 client:

• 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 sign the declaration given by the order form (in order to confirm our independence)
• To support the audit team at local travel to audit sites.
• To prepare the project document (PDD/PIN/Monitoring Plan)
• To provide with the necessary and requested access to client books, records, information systems and facilities such that the validator/verifier may verify the data and assumptions presented in project document.
• To make provision, where applicable, to accommodate observers.
• To report and language, cultural or social issues that could affect the execution of the validation/verification 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.

 3 Rights and Responsibilities of the Validator/Verifier:

In addition to performing the services detailed in the proposal: the validator/verifier shall:

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

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

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

• The validator/verifier 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 validator/verifier may select and engage such persons without the client advise and will take all necessary measures to engage alternate advisors. The validator/verifier 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 validator/verifier 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 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 validator/verifier by accepting the work order doesn’t automatically guarantee a positive validation/verification opinion.
• The validator/verifier has a right to subcontract members of URS Verification Private Ltd. and of the other URS Group entities.

 4. 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.

 5. Compensation and Payment:

• The validator/verifier shall be entitled to receive compensation for the provision of the services as described in the proposal.
• The client shall pay to the validator/verifier the compensation and expenses as detailed in the proposal directly within 30 days from the date of receipt of any invoice.

 6. 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 agrees that the validator/verifier information will not be disclosed pursuant to this agreement, become legally compelled to disclose any of the confidential information, the compelled party shall provide the other party with prompt notice so that such party may seek a protective order or other appropriate remedy or/and waive compliance with the provisions of this section, the compelled party will fur shish only that portion of the confidential information which the compelled party is legally required to disclose and will seek to obtain reasonable assurance that confidential  treatment will be accorded.
• The parties acknowledge and agree that the undertaking set forth here shall survive the termination of this agreement.

 7. 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 validator/verifier’s place of business is situated.
• 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 place of business:

 8. Appeals and Complaints:

• Should the project participant/client which to appeal against or complain about the determinations of URS, it should do so in accordance with the URS Verification Private Limited’s Appeal and Complain procedure a copy of which is available at request.

 9. Title and Rights:

• Between URS and the project participant all title to and rights in the contract works vest in URS exclusively, notably copyrights and rights to authorship, rights to inventions and other industrial property rights, and including without limitation works created to the requirements of or in cooperation with the project participant.
• The project participant/client shall not use URS’s trademark in anyways without prior written consent or else specified in logo regulations.
• URS shall retain the authority and responsibility for its validation or verification activities, decisions and validation or verification statements.

 10. Termination of Contract:

• The failure of any part hereto to enforce at anytime any of the provision of this agreement or to exercise any right or option which is herein provided shall in no way be constructed to be a wavier of such provisions nor in any way affect the validity of this agreement or any part thereof or the right of any party to enforce thereafter each and every such right or option.
• No wavier of any breach of the work order shall be considered or held to be a wavier of any other or subsequent breach.
• Nothing shall constitute, or have the effect of a wavier except an instrument in writing signed by a duly authorized officer or representative of the party against whom such wavier is sought to be enforced which expressly, and not impliedly, waives a right or rights or an option or options under this agreement.

Either party may terminate the contractual relationship:

·        By giving to the other tree months written notice, without any reason;

·        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

·        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.

 11. 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.

 12. Facts discovered after Validation/Verification Statement Issuance:

·        URS Verification Pvt. Ltd. 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.

 13. 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.

 14. 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.

15. 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.

URS Climate Change Management Services

For more information write us at : info@ursindia.com