9.4 Independent verifier

Government and the private party will jointly appoint an independent verifier35 to perform specified review and certification functions in relation to the design and construction of the facility set out in this Chapter 9 and Chapter 10 (Construction and Completion). The independent verifier's function may also include assistance in relation to technical disputes. The costs of the independent verifier will be shared equally by government and the private party).

The independent verifier's decisions will be binding on the parties except in the case of manifest error although in many cases it will be appropriate for the parties to reserve the right to refer the decision to the dispute resolution process as set out in Chapter 30 (Dispute resolution), within a specified period.

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35 In some jurisdictions the independent verifier might be referred to by another name such as the independent reviewer or the independent certifier.