[Phase] Completion Certificate

17.12  Pursuant to the terms of the Independent Tester Contract, the parties shall procure that the Independent Tester, when he is satisfied that the Facilities are [a Phase is] complete in accordance with the Completion Criteria, issues a Certificate of Practical Completion [in respect of that Phase] to that effect to the Authority and to Project Co.  

17.13  Without prejudice to Clauses 17.14 and 17.17, the issue of the Certificate of Practical Completion [in respect of a Phase] shall, in the absence of manifest error, bad faith or fraud, be conclusive evidence (but only for the purpose of ascertaining the [relevant] Payment Commencement Date), that the Facilities were [the Phase was] complete in accordance with the Completion Criteria on the date stated in the [relevant] Certificate of Practical Completion. 

17.14  The Independent Tester shall issue the Certificate of Practical Completion [in relation to a Phase] notwithstanding that there are Snagging Matters.  Where there are Snagging Matters, the parties shall procure that the Independent Tester shall, within [      ] Business Days of the date of issue of the [relevant] Certificate of Practical Completion, issue a Snagging Notice which shall specify the Snagging Matters and an estimate of the cost of rectifying such Snagging Matters.

17.15  Following the issue of a Snagging Notice, Project Co shall, in consultation with the Authority's Representative and in such manner as to cause as little disruption as reasonably practicable to the Authority's Post Completion Commissioning and the Authority's use of the Facilities, rectify all Snagging Matters within [      ] Business Days of the issue of the Snagging Notice.

17.16  If, within [      ] Business Days of the issue of the Snagging Notice, Project Co has failed to rectify the Snagging Matters specified in the Snagging Notice the Authority may by itself (or engage others to) carry out the works necessary to rectify the Snagging Matters, at the risk and cost of Project Co.

17.17  The issue of the Certificate of Practical Completion [in respect of a Phase] shall in no way affect the obligations of Project Co under this Agreement including in respect of any Defects.