1.9 For the avoidance of doubt, nothing in this paragraph 3 or elsewhere in this Agreement shall impose any design liability on the Independent Tester, and any design liability shall remain with the parties responsible for such design under the Project Agreement. The Services required under this paragraph 3 shall be supervisory in nature and shall not require the Independent Tester to approve (or otherwise) the suitability of the design under the Project Agreement.
1.10 The Independent Tester shall:
1.10.1 Monitor and report upon the implementation of the Design Quality Plan for the construction, structural and engineering services design for the Project.
1.10.2 Monitor the detailed working drawings and specifications for a sample number and type of rooms which in his professional judgment is appropriate to be selected by the Independent Tester to verify that they comply with the Approved RDD as described in the Project Agreement. The Independent Tester has indicated that in normal circumstances [twenty-five percent (25%)] of rooms should be sampled. If in the professional judgment of the Independent Tester, because of the results of its sample or other circumstances a different sampling percentage is appropriate, he shall provide a detailed report in respect of that and, if so agreed (or determined as between Project Co and the Board by the Dispute Resolution Procedure) any change in the percentage sampling resulting in a change in fees will be borne by Project Co and the Board as they shall agree or as determined by the Dispute Resolution Procedure.
1.10.3 [Review the detailed design information for any approved design or specification variations for compliance with the performance and quality standards of the Project Agreement, [insert reference to Equipment services contract and any Equipment performance measures] and quality standards as set out in the [refer to Equipment Service Level Specification and Interim Service Statement as appropriate] and the Contractor's Quality Plan.]