20.1 The parties have prior to the date of this Agreement, in compliance with all Law relating to procurement which is applicable to either party, appointed a suitably qualified and experienced consultant to act as the Independent Tester for the purposes of this Agreement upon the terms of the Independent Tester Contract.44
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44 The standard form assumes, and it is expected to be the standard position, that the Independent Tester will be appointed jointly by the parties. In rare cases where this is not appropriate, this Clause (and the template contract at Part 15 of the Schedule) should be amended as appropriate. For example it may be necessary to require that Project Co procures that the Independent Tester maintains adequate professional indemnity insurance.