(a) (Notice by Project Co): When Project Co considers that Technical Acceptance has been achieved, Project Co must issue a notice in the form required by the Schedule of Certificates and Notices to the State and the Independent Reviewer which:
(i) states that it considers that Technical Acceptance has been achieved;
(ii) asks the Independent Reviewer to issue a Certificate of Technical Acceptance;
(iii) attaches any then current Collated Returned Works Outstanding Items List; and
(iv) lists all of the work (including any Technical Acceptance Outstanding Items) remaining to be undertaken which, in Project Co's opinion, is required to achieve Commercial Acceptance.
(b) (Notice by State): Notwithstanding that Project Co may not have issued a notice under clause 22.3(a) or clause 22.3(f)(iii), if the State considers that Technical Acceptance has been achieved, the State may:
(i) notify Project Co and the Independent Reviewer of its opinion; and
(ii) ask the Independent Reviewer to issue a Certificate of Technical Acceptance.
(c) (Project Co to provide information): If the State issues a notice to Project Co and the Independent Reviewer in accordance with clause 22.3(b), Project Co must, within 3 Business Days of receiving the notice from the State, provide to the State and the Independent Reviewer the information referred to in clause 22.3(a)(iii) and clause 22.3(a)(iv).
(d) (Independent Reviewer to make determination): As soon as reasonably practicable and, in any event, within 10 Business Days after Project Co issues a notice under clause 22.3(a) or clause 22.3(f)(iii) or the State issues a notice under clause 22.3(b) (as the case may be), the Independent Reviewer must determine whether Technical Acceptance has been achieved.
(e) (Independent Reviewer determines Technical Acceptance is achieved): If the Independent Reviewer determines in accordance with clause 22.3(d) that Technical Acceptance has been achieved, the Independent Reviewer must issue a Certificate of Technical Acceptance to the State and Project Co:
(i) certifying that Technical Acceptance has been achieved;
(ii) stating the Date of Technical Acceptance; [Note: The Date of Technical Acceptance can be prior to the date of the Certificate of Technical Acceptance.]
(iii) attaching the Technical Acceptance Outstanding Items List developed in accordance with 22.4(e)(iii) and the then current Remaining Works Schedule; and
(iv) setting out details of the Independent Reviewer's opinion of the work remaining to be undertaken to achieve Commercial Acceptance.
(f) (Independent Reviewer determines Technical Acceptance is not achieved): If, in accordance with clause 22.3(d), the Independent Reviewer determines that Technical Acceptance has not been achieved, the Independent Reviewer will issue a notice to the State and Project Co:
(i) listing the work remaining to be undertaken by Project Co to achieve Technical Acceptance; or
(ii) stating that Technical Acceptance is so far from being achieved that it is not practicable to provide a list of the type referred to in clause 22.3(f)(i),
after which Project Co must continue to expeditiously and diligently progress the Development Activities to achieve Technical Acceptance, and:
(iii) Project Co must give notice to the State and the Independent Reviewer in accordance with clause 22.3(a) when the work listed in a notice issued by the Independent Reviewer under clause 22.3(f)(i) has been completed or, if clause 22.3(f)(ii) applies, when Project Co is otherwise of the view that Technical Acceptance has been achieved; and
(iv) clauses 22.3(b) to 22.3(f) and clause 22.4 will apply in connection with Project Co's notice under clause 22.3(f)(iii) in the same way as if it was the original notice given under clause 22.3(a).
(g) (No restriction on Independent Reviewer): The Independent Reviewer, in making its determination as to whether Technical Acceptance has been achieved, will:
(i) not be restricted by any notice, list or opinion which it previously provided to Project Co under clause 22.3(f); and
(ii) be entitled to raise any other items of work which are required to be completed in order to achieve Technical Acceptance in accordance with this Deed which have not been so completed (other than any Technical Acceptance Outstanding Item) as grounds for determining that Technical Acceptance has not been achieved.
(h) (Certificate of Technical Acceptance): The issue of a Certificate of Technical Acceptance in accordance with clause 22.3(e) does not constitute:
(i) evidence that Project Co has satisfied the relevant FFP Warranty;
(ii) an approval by the State of the completion or acceptance of the relevant Works under this Deed; or
(iii) evidence that all or any other obligations under this Deed have been satisfied.