Contracting for Forest Carbon : Elements of a Model ... - Forest Trends

AcknowledgmentsA joint project between Forest Trends - Katoomba Group and the Duke Environmental Law and PolicyClinic, this report draws from and complements various other publications. The sample agreement used inthis report is based upon templates developed by others, specifically:• the CERSPA document, available at www.cerspa.com,• the International Emissions Trading Association Emissions Trading Master Agreement for the EUScheme, available at http://www.ieta.org/ieta/www/pages/getfile.php?docID=194,• and template contracts for ecosystem services transactions developed by Mark Ellis-Jones of CAREInternational, available at www.katoombagroup.org/legal_contracts.As part of a suite of publications on carbon markets and transactions, this report complements other ForestTrends publications, including the annual State of the Voluntary Carbon Market and State of the Forest CarbonMarkets reports, and how-to manuals, such as: Getting Started with Payments for Ecosystem Services and theforthcoming Step-by-Step Guide to Forest Carbon Projects. We urge readers to refer to these publications foradditional information and guidance.We are grateful to Tauna Szymanski, Michael Jenkins, Johannes Ebeling, Sissel Waage, Jacob Olander, andAnne Thiel, for reviewing drafts and providing suggestions.Copyright and Disclaimer© 2010 Forest Trends and the Katoomba GroupThis report and the featured sample agreement are meant to provide a general introduction to contracting forforest carbon credits and are not intended to be legal advice. The sample contract clauses are illustrative only,and should not be used without significant additions and customization, as relevant to the particularcircumstances of the transaction.Duke Environmental Law and Policy Clinic, Forest Trends, and the Katoomba Group (and their respectiveaffiliates, officers, directors, partners and employees) do not make any representations or warranties as to theaccuracy, suitability or content of this report or the sample agreement and have no liability or responsibilityfor any damages or losses resulting out of their use in the individual case in any jurisdiction. It is the soleresponsibility of the reader to ensure that the information in this report is accurate, applicable to, and suitablein his or her particular situation before making any decision based upon this information.Use of this report, or the sample clauses contained herein, does not create an attorney-client relationshipbetween any person and the Duke Environmental Law and Policy Clinic, Forest Trends or the KatoombaGroup. It is strongly recommended that the reader consult with a lawyer to determine whether specificinformation is relevant to the reader’s particular situation, and to seek appropriate legal and professionaladvice before entering into any transaction.vi