20.5  Issue of Acceptance Certificate or notice of Non Completion

(a)  Within five (5) Business Days of any inspection referred to in clause 20.1 (Inspection of [a/the] Facility) [to determine whether Services Availability or completion of the Post Completion Works (as the case may be) has been achieved] the Independent Certifier shall either:

(i)  issue an Acceptance Certificate confirming that he is satisfied that the Services Availability Requirements have been met in respect of the [relevant] Facility; or

(ii)  [issue a Post Completion Works Acceptance Certificate confirming that he is satisfied that the [relevant] Post Completion Works Acceptance Requirements have been met in respect of the [relevant] Facility; or]

(iii)  issue a notice stating that the Acceptance Certificate [or the [relevant] Post Completion Works Acceptance Requirements (as the case may be)] has not been issued and specifying any outstanding matters that must be attended to before an Acceptance Certificate [or the Post Completion Works Acceptance Certificate (as the case may be)] can be issued in respect of the [relevant] Facility (a Notice of Non Completion);

provided that if the Services Availability Requirements have been met, the Independent Certifier shall issue [an/the] Acceptance Certificate in respect of [a/the] Facility notwithstanding that there are Snagging Items in respect of the Facility.

(b)  The Parties shall procure that where the Independent Certifier reasonably considers that the Services Availability Requirements [or the [relevant] Post Completion Works Acceptance Requirements (as the case may be)] have not been met it shall immediately following its inspection pursuant to clause 20.1 (Inspection of [a/the] Facility) issue to the Authority and the Contractor a notice (a Notice of Non Completion) detailing all outstanding matters which are required to be attended to before the [relevant] Facility can be considered to have met the Services Availability Requirements [or the [relevant] Post Completion Works can be considered to have met the [relevant] Post Completion Works Acceptance Requirements (as the case may be)].  Following receipt of a Notice of Non Completion the Contractor shall attend to such matters and shall give the Authority and the Independent Certifier further notice in accordance with clause 20.1 (Inspection of [a/the] Facility) (but dealing only with matters raised in the Notice of Non Completion and with a notice period of no less than twenty four (24) hours for the purposes of clause 20.1) (Inspection of [a/the] Facility) so that the procedures in clause 20.5.1 are repeated as often as necessary to ensure that all outstanding matters (Issue of Acceptance Certificate or Notice of Non-Completion) in relation to the [relevant] Facility are attended to and an Acceptance Certificate [or a Post Completion Works Acceptance Certificate (as the case may be)] can be issued in accordance with clause 20.5.1(a) (Issue of Acceptance Certificate or Notice of Non-Completion).