The Independent Reviewer is generally appointed until Final Acceptance or to the end of the final Defects Liability Period under the D&C Contract. This should be agreed on a project specific basis.
If the appointment of the Independent Reviewer is terminated or the Independent Reviewer is not appointed or ceases to act as Independent Reviewer, the parties must jointly appoint another entity to act in that capacity, either by agreement or as selected by the State in accordance with the process set out in clause 8.4. The process involves the nomination of a list of 5 qualified candidates by the State from which Project Co is required to nominate 3 entities from which to seek a proposal.
The replacement Independent Reviewer is to be appointed on substantially the same terms as the previous Independent Reviewer and is bound by the decisions of the previous Independent Reviewer.
The PV Standard Project Deeds include an interpretation provision which addresses the situation where the Project Deed requires the Independent Reviewer to perform a function when no Independent Reviewer is appointed. In those circumstances the State will make the necessary determination acting fairly and reasonably. Unlike the Independent Reviewer, any such determination of the State will be capable of review.