22.1 Not less than [ ] months before the Completion Date the Board shall provide Project Co with a draft of the Final Commissioning Programme as jointly developed by the Board and Project Co in accordance with the provisions of Clauses 22.2 and 22.3. Project Co shall provide the Board with comments on the draft Final Commissioning Programme submitted to it no later than [ ] months before the Completion Date. The parties shall, within [ ] Business Days of receipt by the Board of Project Co's comments agree the terms of the Final Commissioning Programme provided that the Board may by prior notice to Project Co change the scope and time of the Board'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 or the change in scope or time of the Board's Commissioning [ ] months before the Completion Date the matter shall be referred for determination in accordance with Part 26 of the Schedule (Dispute Resolution Procedure).
22.1A49 [The Final Commissioning Programme relating to the relevant Phase shall be prepared in accordance with the requirements of the Completion Process. Before the date specified by the Completion Process for each Phase the Board shall provide Project Co with a draft of the Final Commissioning Programme relating to the relevant Phase as jointly developed by the Board and Project Co in accordance with the provisions of Clauses 22.2 and 22.3. Project Co shall provide the Board with comments on the draft Final Commissioning Programme for each relevant Phase submitted to it within the period stated in the Completion Process. The parties shall, within [ ] Business Days of receipt by the Board of Project Co's comments agree the terms of the Final Commissioning Programme for the relevant Phase provided that the Board may by prior notice to Project Co change the scope and time of the Board'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 each relevant Phase or the change in scope or time of the Board's Commissioning by the date specified in the Completion Process for the relevant Phase the matter shall be referred for determination in accordance with Part 26 of the Schedule (Dispute Resolution Procedure).]
22.2 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 Board than those set out in the Outline Commissioning Programme (unless otherwise agreed by the Board in its absolute discretion). The Final Commissioning Programme shall then replace the Outline Commissioning Programme [as it relates to that Phase].
22.3 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 each Phase of the Works]:
(a) that Project Co's Pre-Completion Commissioning and the Board's Commissioning 50 will not delay the Actual Completion Date [Phase Actual Completion Date] from occurring by the Completion Date [Phase Completion Date]; and
(b) that Project Co's Post Completion Commissioning and the Board's Post Completion Commissioning is completed by the Commissioning End Date.
22.4 The parties shall procure that the steps that they are responsible for carrying out and completing pursuant to the Final Commissioning Programme include, [in the case of Project Co's activities, the activities described at paragraph [ ] of the Board's Construction Requirements].51
22.5 [In accordance with the Completion Process] Project Co shall notify the Independent Tester and the Board's Representative of the date when Project Co (acting reasonably) considers that [any Phase of] the Works will be complete in accordance with the Board'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.
22.6 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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48 Project Specific.
49 Alternative Clause 22.1 for multi-phased projects.
50 The standard form assumes that each of the Board and Project Co will undertake inspection and commissioning activities both prior to and after completion. Parties need to consider which commissioning activities have to occur before and which after completion (and, in each case, by whom) on a project specific basis. The standard form envisages that the FCP will set out all requirements and obligations in relation to the development, nature, principles and performance of the completion tests to be performed to enable certification of completion to take place. This standard form should be amended as necessary to reflect any particular project arrangements.
51 Board to describe any other core requirements to be complied with in relation to Project Co's commissioning activities.