20.7  Snagging Items

In the event that [an/the] Acceptance Certificate [for a Facility] is expressed to be subject to Snagging Items:

(a)  The Independent Certifier shall within five (5) Business Days of the issue of the [relevant] Acceptance Certificate issue to the Contractor and the Authority a list of the relevant Snagging Items [for that 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 the agreement or determination 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 the Dispute Resolution Procedure.  The programme agreed or determined in accordance with this clause 20.7 (Snagging Items) shall be known as the Snagging Programme.

(b)  The Contractor shall procure that each Snagging Item is made good in accordance with the Snagging Programme 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.