Common use of Independent Certifier Clause in Contracts

Independent Certifier. ‌ (a) (Procurement documents): Project Co must: (i) provide the State with a copy of the draft procurement documentation in respect of the procurement of an Independent Certifier for consideration and comment by the State prior to commencing the procurement process; (ii) regularly consult with the State with respect to the procurement of an Independent Certifier, and keep the State regularly informed as to the progress of the procurement process; and (iii) provide the State with a copy of the final procurement documentation in respect of the procurement of an Independent Certifier for approval by the State prior to issuing that documentation to the firms tendering for the role of the Independent Certifier. (b) (Procurement documents to include form of Independent Certifier Agreement): Project Co acknowledges and agrees that the procurement documentation in respect of the procurement of an Independent Certifier must include, among other things, the form of Independent Certifier Agreement that the State and Project Co have agreed, as set out in Schedule 27 (Independent Certifier Agreement). (c) (Project Co nominates 3 firms): Project Co must, prior to Financial Close, nominate at least 3 firms that have submitted tenders to Project Co from which the State will select the Independent Certifier, each of which must: (i) (expertise): have appropriate qualifications and experience; (ii) (no conflicts): have no interest or duty which may conflict with the role of the Independent Certifier in accordance with this Agreement; (iii) (execution): indicate its willingness to execute the Independent Certifier Agreement without substantial amendment to the form of Independent Certifier Agreement set out in Schedule 27 (Independent Certifier Agreement) (and any amendments must be agreed by all parties); (iv) (insurance): have professional indemnity insurance in accordance with the requirements of the form of Independent Certifier Agreement set out in Schedule 27 (Independent Certifier Agreement); and (v) (information): provide such information in relation to fees and other matters as the State reasonably requires. (d) (State’s rights): The State may request additional information from and conduct interviews with any of the firms nominated by Project Co and will provide any such additional information to Project Co and allow Project Co to attend and assist in any interview process. (e) (State selects): The State may select one of the firms nominated by Project Co in accordance with Clause 5.8(c) to act as the Independent Certifier.

Independent Certifier. ‌ (a) (Procurement documentsRole): Project Co must: (i) provide the State with a copy of the draft procurement documentation in respect of the procurement of an Independent Certifier for consideration and comment by the State prior to commencing the procurement process; (ii) regularly consult with the State with respect to the procurement of an Independent Certifier, and keep the State regularly informed as to the progress of the procurement process; and (iii) provide the State with a copy of the final procurement documentation in respect of the procurement of an Independent Certifier for approval by the State prior to issuing that documentation to the firms tendering for the The role of the Independent CertifierCertifier in respect of this Agreement is to determine whether Completion has occurred and subject to Clause 14.6, whether a claim for an extension of time should be granted, including the duration of the extension of time. The parties acknowledge that the Independent Certifier will also have responsibilities in respect of certain events under the D&C Subcontract but that those responsibilities must not put the Independent Certifier in conflict with its obligation to perform the Independent Certifier Services. The functions, rights and liabilities of the Independent Certifier and the parties' rights and obligations with the Independent Certifier will be as set out in the Independent Certifier Agreement which is prepared and negotiated in accordance with this Clause 6.12. (b) (Procurement documents Tenders): The Operator and the State must, in conjunction with the Builder and prior to include form of the Commencement Date, jointly call for tenders for the Independent Certifier Agreement): Project Co acknowledges and agrees that the procurement documentation in respect of the procurement of an Independent Certifier must include, among other things, the form of Independent Certifier Agreement that the State and Project Co have agreed, as set out in Schedule 27 (Independent Certifier Agreement). (c) (Project Co nominates 3 firms): Project Co must, prior to Financial Close, nominate at least 3 firms that have submitted tenders to Project Co from which the State will select the Independent Certifier, each of which who must: (i) (expertise): have appropriate qualifications and experience; (ii) (no conflicts): have no interest or duty which may conflict with the role of the Independent Certifier in accordance with this Agreement; (iii) (execution): indicate its willingness to execute the Independent Certifier Agreement without substantial amendment to the form of Independent Certifier Agreement set out in Schedule 27 (Independent Certifier Agreement) (and any amendments must be agreed by all parties)amendment; (iv) (insurance): have professional indemnity insurance in accordance with the requirements of the form of Independent Certifier Agreement set out in Schedule 27 (Independent Certifier Agreement); and (v) (information): provide such information in relation to fees and other matters as the State reasonably requires. (dc) (State’s rightsSelection): The State may request additional information from and conduct interviews parties in conjunction with any of the firms nominated by Project Co and Builder will provide any such additional information to Project Co and allow Project Co to attend and assist in any interview process. (e) (State selects): The State may select one of the firms nominated by Project Co which tendered as set out in accordance with Clause 5.8(cparagraph (b) to act jointly on behalf of the State and the Operator as the Independent CertifierCertifier to perform the Independent Certifier Services. (d) (Independent Certifier Agreement): The Operator and the State must and the Operator must procure that the Builder, enter into the Independent Certifier Agreement with the Independent Certifier selected by the parties and the Builder within 20 Business Days of the Commencement Date, or such later time as agreed by the parties, in the form approved in Schedule 16 as the parties in conjunction with the Builder may amend during the tender process.