5.6.1  Testing Procedure; Provisional Acceptance

(a)  The Company shall, at its cost, carry out the testing and commissioning of the New ICT Services and Facilities in phases in accordance with Schedule C (Testing and Commissioning). The Company shall give the Agency and the Independent Verifier not less than thirty (30) Days' prior written notice before commencing any testing and commissioning of a phase.

(b)  Within five (5) Business Days of the Company carrying out the testing and commissioning, the Independent Verifier shall be required to determine whether the testing has been done in accordance with the relevant testing and commissioning procedures and whether or not that phase or portion of the New ICT Services and Facilities has satisfied the applicable commissioning and acceptance standards provided in Schedule C (Testing and Commissioning). The determination made by the Independent Verifier shall be final and binding on the Parties, except in case of fraud or manifest error.

(c)  If the Independent Verifier certifies that the phase or portion of the New ICT Services and Facilities fully meet the commissioning and acceptance standards, the Agency shall issue a provisional CAIF in favor the Company for that phase within five (5) Business Days from the receipt of such certification.

(d)  If the Independent Verifier certifies that the phase or portion of the New ICT Services and Facilities do not fully meet the commissioning and acceptance standards, it shall issue a report to the Parties detailing the reasons why such phase or portion of the New ICT Services and Facilities do not comply with the commissioning and acceptance standards and specifying the actions that the Company must take to meet such standards.

(e)  The Company shall immediately take the remedial actions specified in the report and shall notify the Agency and the Independent Verifier when they have been carried out. As soon as reasonably practicable, the Company shall conduct further testing and commissioning until a provisional CAIF has been issued.

(f)  If the Company fails to obtain a provisional CAIF for all phases on or before the Required Provisional In-Service Date, such failure shall constitute a delay and a Company Event of Default.