17  PRE-COMPLETION COMMISSIONING AND COMPLETION

17.1  Not less than [     ] before the Completion Date [a Phase Completion Date], the Authority shall provide Project Co with a draft of the Final Commissioning Programme [for the relevant Phase] as jointly developed by the Authority and Project Co in accordance with the provisions of Clause 17.2 and 17.3.  Project Co shall provide the Authority with comments on the draft Final Commissioning Programme [for the relevant Phase] submitted to it within [     ].  The parties shall, within [     ] Business Days of receipt by the Authority of Project Co's comments agree the terms of the Final Commissioning Programme [for the relevant Phase] provided that the Authority may by prior notice to Project Co change the scope and time of the Authority's Commissioning and reimburse Project Co its reasonable costs incurred as a result of such change in scope or time.  If the parties are unable to agree the Final Commissioning Programme [for the relevant Phase] or the change in scope or time of the Authority's Commissioning by [      ], the matter shall be referred for determination in accordance with Schedule Part 20 (Dispute Resolution Procedure).

17.2  The Final Commissioning Programme [for each Phase] shall be in accordance with the Outline Commissioning Programme and shall impose no greater or more onerous obligations on the Authority than those set out in the Outline Commissioning Programme (unless otherwise agreed by the Authority in its absolute discretion).  The Final Commissioning Programme shall then replace the Outline Commissioning Programme [as it relates to that Phase].

17.3  The Final Commissioning Programme shall describe the steps necessary, the party responsible for taking each of such steps and the timing and sequence of each of such steps to ensure [insofar as relevant for the Phase]:

17.3.1  that Project Co's Pre-Completion Commissioning and the Authority's Commissioning will not delay the Actual Completion Date [Phase Actual Completion Date] from occurring by the Completion Date [Phase Completion Date]; and

17.3.2  that Project Co's Post Completion Commissioning and the Authority's Post Completion Commissioning are completed by the Commissioning End Date

17.4  The parties shall procure that the steps that they are responsible for carrying out and completing pursuant to the Final Commissioning Programme [for the relevant Phase] include, [in the case of Project Co's activities, the activities described at paragraph [           ] of the Authority's Construction Requirements].

17.5  Project Co shall notify the Independent Tester and the Authority's Representative of the date when Project Co (acting reasonably) considers that [a Phase of] the Works will be complete in accordance with the Authority's Construction Requirements[, the Completion Criteria] and this Agreement not less than [            ]  months prior to such anticipated completion.  Such notification shall trigger the activities of the Independent Tester under this Clause.

17.6  The parties each undertake to co-operate with the Independent Tester to ensure that the Independent Tester is familiar with all necessary aspects of the Project for the purposes of its role as described in this Clause.

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