(a) (Technical Acceptance Outstanding Items): Prior to the Independent Reviewer determining whether Technical Acceptance has been achieved:
(i) the Independent Reviewer may determine, subject to clause 22.4(d); or
(ii) Project Co and the State may agree,
that any Defect, work, act, matter, state of affairs or thing that is required in accordance with this Deed to have been performed, achieved, rectified, provided or completed by Project Co to achieve Technical Acceptance is not required to be so performed, achieved, rectified, provided or completed by Project Co in order to achieve Technical Acceptance (a Technical Acceptance Outstanding Item).
(b) (Remaining Works): In making a determination or reaching an agreement under clause 22.4(a), the State and Project Co may agree or the Independent Reviewer may determine that the relevant Technical Acceptance Outstanding Item does not need to be completed to achieve Commercial Acceptance and will be Remaining Works in which case, the relevant Technical Acceptance Outstanding Item must be included in the Remaining Works Schedule and will no longer be a Technical Acceptance Outstanding Item.
(c) (Notice by State): If the State and Project Co agree a Technical Acceptance Outstanding Item in accordance with clause 22.4(a), the State must notify the Independent Reviewer (with a copy to Project Co) of the Technical Acceptance Outstanding Item and whether the Technical Acceptance Outstanding Item will be Remaining Works instead of a Technical Acceptance Outstanding Item.
(d) (Independent Reviewer determination): The Independent Reviewer may only make a determination under clause 22.4(a) (and whether any Technical Acceptance Outstanding Item it determines under clause 22.4(a) should be Remaining Works) if the relevant Defect, work, act, matter, state of affairs or thing is a Minor Defect.
(e) (Technical Acceptance Outstanding Items List and Remaining Works Schedule): If the Independent Reviewer determines that Technical Acceptance has been achieved under clause 22.3(d) and:
(i) the State notifies Project Co and the Independent Reviewer of a Technical Acceptance Outstanding Item in accordance with clause 22.4(c); or
(ii) the Independent Reviewer determines that there are any Technical Acceptance Outstanding Item in accordance with clauses 22.4(a), 22.4(b) and 22.4(d),
the Independent Reviewer must issue, with the Certificate of Technical Acceptance (issued in accordance with clause 22.3(e)):
(iii) a list of the Technical Acceptance Outstanding Items required to be completed by Commercial Acceptance (Technical Acceptance Outstanding Items List); and
(iv) an updated Remaining Works Schedule, where the Independent Reviewer determines or the State and Project Co agree, that any Technical Acceptance Outstanding Item will be Remaining Works in accordance with clause 22.4(b).
(f) (Program): If the Independent Reviewer determines that Technical Acceptance has been achieved under clause 22.3(d):
(i) within 5 Business Days after the issue of any Certificate of Technical Acceptance by the Independent Reviewer under clause 22.3(e), Project Co must submit to the State and the Independent Reviewer, for review in accordance with the Review Procedures, a program for the rectification or completion of all Technical Acceptance Outstanding Items included in the Technical Acceptance Outstanding Items List that ensures those Technical Acceptance Outstanding Items are rectified or completed by the Date for Commercial Acceptance; and
(ii) unless the Technical Acceptance Outstanding Item is subject to agreed or determined to be Remaining Works in accordance with clause 24.3(b), Project Co must:
A. rectify or complete any Technical Acceptance Outstanding Items included in the Technical Acceptance Outstanding Items List in accordance with the program referred to in clause 22.4(f)(i) and otherwise by the Date for Commercial Acceptance; and
B. update the Technical Acceptance Outstanding Items List to show the date on which each such Technical Acceptance Outstanding Item was completed and provide it to the State and the Independent Reviewer for review by the Independent Reviewer in accordance with the Review Procedures.