21.5  Snagging Items41

In the event that a Test Certificate for a Facility is expressed to be subject to Snagging Items:

21.5.1  the Independent Certifier shall, at the same time as it issues the relevant Test Certificate, issue to the Contractor and the Authority a list of the relevant Snagging Items for the Facility (the "Snagging List").  Within five (5) Business Days of receipt from the Independent Certifier of the Snagging List the Contractor shall provide to the Authority and the Independent Certifier a reasonable programme for making good each Snagging Item set out in the Snagging List provided that such programme shall require that each Snagging Item shall be made good within twenty (20) Business Days of the date of provision of that programme or within such time as is reasonably practicable. The Parties shall seek to agree such programme and in default of agreement shall refer the matter for determination under Clause 60 (Dispute Resolution).  The programme agreed or determined in accordance with this Clause 21.5 (Snagging Items) shall be known as the Snagging Programme; and

21.5.2  the Contractor shall procure that each Snagging Item is rectified in accordance with the Snagging Programme and to the satisfaction of the Independent Certifier.  If any Snagging Item has not been rectified by the date set out in the Snagging Programme then the Authority shall be entitled to effect such repairs as may be necessary and recover the costs of doing so from the Contractor as a debt.

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41 Snagging issues to be considered on a project specific basis for their relevance to the proposed Facility.