(A) Project Co and the Board have entered into an agreement for the financing, design and construction of and the provision of certain services in connection with [details of facilities] at the Site (the "Project") pursuant to the Government's private finance initiative (the "Project Agreement") under the terms of which they have jointly agreed to appoint an independent tester.
(B) Project Co has entered into the Construction Contract with the Contractor for the development of [details of facilities] at the Site.
(C) Project Co has entered into the [Funding Agreements] with the Funders.
(D) The Independent Tester is an independent adviser willing to provide services to Project Co and the Board and for the benefit of the Funders.
(E) Project Co and the Board have jointly agreed to engage the Independent Tester to carry out the duties and obligations ascribed to the Independent Tester in the Project Agreement upon the terms of this Agreement.
IT IS AGREED as follows: