22.12 Pursuant to the terms of the Independent Tester Contract, the parties shall procure that the Independent Tester shall, when he is satisfied that completion [of a Phase] has occurred in accordance with this Agreement [the Completion Criteria], issue a Certificate of Practical Completion [in respect of that Phase] to that effect stating the date upon which, in his opinion, the Actual Completion Date [Phase Actual Completion Date] occurred. Subject to Clause 22.15 (Snagging) and 22.16 (Defects), 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 for the purpose only of ascertaining the [relevant] Payment Commencement Date, that the Actual Completion Date [Phase Actual Completion Date] has occurred on the date stated in such certificate.
22.13 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.
22.14 Following the issue of a Snagging Notice, Project Co shall, in consultation with the Board's Representative and in such manner as to cause as little disruption as reasonably practicable to the Board's Post Completion Commissioning and the Board's use of the Facilities, rectify all Snagging Matters within [ ] Business Days of the issue of the Snagging Notice.
[22.14A Within [ ] Business Days of the issue of a Snagging Notice, Project Co shall, in consultation with the Board's Representative, prepare a programme for the rectification of all Snagging Matters listed therein. Such rectification work shall be carried out in such manner as to cause as little disruption as reasonably practicable to the Board's Commissioning and the Board's use of the Facilities.]55
22.15 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 Board 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.
22.15A [If, within [ ] Business Days of the date specified in the programme for the rectification of all Snagging Matters specified in the Snagging Notice Project Co has failed to rectify all of those Snagging Matters the Board may be itself (or engage others to) carry out the works necessary to rectify the Snagging Matters, at the risk and cost of Project Co.56]
22.16 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.
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55 Alternative Clause 22.14 for multi-phased projects.
56 Alternative Clause 22.15 for multi-phased projects.