20.3  Effect of Certificate of Availability

20.3.1  The issue of a Certificate of Availability by the Independent Certifier shall indicate only that the relevant [Initial Refurbishment] Works satisfy the criteria for the issue of a Certificate of Availability as set out in the Independent Certifier's Deed of Appointment.

20.3.2  The issue of a Certificate of Availability shall in no way lessen or affect the obligations of the Contractor under this Agreement to provide the Services and shall not relieve the Contractor from Deductions in accordance with Schedule 4 (Payment Mechanism).

20.3.3  As between the Authority and the Contractor the Certificate of Availability shall be conclusive as to whether the relevant [Initial Refurbishment] Works have been completed in accordance with clause 20.2 (Issue of Certificate Availability) [and in respect of [a Project Phase] [Dwellings], that such] [Dwellings] have reached the relevant Availability Standard, at the date of such Certificate of Availability.

20.3.4  A Certificate of Availability cannot be revoked for any reason after it has been issued.

20.3.5  At the end of each Contract Month the Contractor shall provide to the Authority on the report and invoice relating to such Contract Month the dates of issue of the Certificates of Availability in respect of Dwellings which have achieved the [Availability Standards Rented (Interim) and] Availability Standards (Full) during that Contract Month.

20.3.6  Where a Certificate of Availability has been issued in respect of a Dwelling in a Contract Month the Unitary Charge for the Contract Month next after the current Contract Month for the Dwellings in the report referred to in clause 20.3.5 (Effect of Certificate Availability) shall be increased to reflect as applicable:

(a)  the [Interim] Full Rented Dwelling Charge if that Dwelling is a Rented Dwelling; or

(b)  the Full Leasehold Dwelling Charge if that Dwelling is a Leasehold Dwelling.

so that the increase in the Unitary Charge shall take effect as from the first day of the Contract Month after the issue of the Certificate of Availability unless as a consequence the Unitary Charge payable for the relevant Contract Year will exceed [  ] for that Contract Year, in which case the Unitary Charge will be increased with effect from the Contract year in which [  ] is not exceed.