(a) (Review by Independent Reviewer): Project Co acknowledges that the Independent Reviewer will (including if requested to do so by the State) continually review (by general overview, reasonable checking, visits to the Development Phase Area and review of Project Co Material) the undertaking of the Works so that it may form an opinion as to whether or not the obligations of Project Co under the State Project Documents relating to the Works (including compliance with any Approvals) are being complied with.
(b) (Notice of non-compliance): If the Independent Reviewer believes that the obligations of Project Co under the State Project Documents relating to the Works are not being complied with, the Independent Reviewer may give notice to the State and Project Co of its opinion together with its reasons for forming that opinion.
(c) (Project Co's response): Within 5 Business Days of receipt of the Independent Reviewer's notice under clause 20.5(b), Project Co must:
(i) notify the State and the Independent Reviewer of any matters in respect of which it disagrees with the Independent Reviewer's opinion together with its reasons for doing so (Explanation); and
(ii) to the extent it does not disagree, provide a plan and a program for the rectification of any non-compliance (Remediation Plan).
(d) (Notice by Independent Reviewer): Within 7 Business Days of receipt of the Explanation or Remediation Plan, the Independent Reviewer must give notice to the State and Project Co of its opinion as to whether or not the Explanation or the Remediation Plan satisfactorily addresses its concerns together with its reasons for forming that opinion.
(e) (Project Co's risk): Despite any opinion of the Independent Reviewer under clause 20.5(d) that the Explanation or the Remediation Plan does not satisfactorily address its concerns, Project Co may, subject to giving 2 Business Days' notice in accordance with clause 20.5(f) to the State and Independent Reviewer of its intention to proceed with construction of the Works or implementation of the Remediation Plan (as applicable), proceed with construction of the Works or implementation of the Remediation Plan at its own cost and risk (including the risk that a Certificate of Completion may not be issued). [Note: The ability to proceed at own risk in relation to notices under this clause to be considered on a project specific basis.]
(f) (Notice): A notice provided by Project Co under clause 20.5(e) must include details of the reasons why Project Co intends to proceed with construction of the Works or implementation of the Remediation Plan, despite the opinion of the Independent Reviewer under clause 20.5(d).