Common use of Independent Certifier Clause in Contracts

Independent Certifier. 20.1.1 The Authority and the Contractor shall on or before the date of this Agreement, appoint the Independent Certifier for the purposes of this Agreement upon the terms of the Independent Certifier's Deed of Appointment. 20.1.2 The Independent Certifier's Deed of Appointment shall specify the duties of the Independent Certifier owed to the Authority and the Contractor. 20.1.3 The Authority and the Contractor shall procure that the Independent Certifier carries out the IC Services upon the terms of the Independent Certifier's Deed of Appointment. 20.1.4 The Authority and the Contractor shall comply with their respective obligations under the Independent Certifier's Deed of Appointment. 20.1.5 Neither the Authority nor the Contractor shall without the other's prior written approval (not to be unreasonably withheld or delayed): (a) agree to terminate, give notice to terminate or otherwise take action to terminate, repudiate or discharge or secure the termination of the Independent Certifier's Deed of Appointment or treat the same as having been terminated, repudiated or otherwise discharged; (b) release, waive, settle, compromise or otherwise prejudice or vary any rights or claims which the other may from time to time have against the Independent Certifier; or (c) vary or agree or purport to vary the terms of the Independent Certifier's Deed of Appointment or the IC Services performed or to be performed by the Independent Certifier. 20.1.6 The Authority and the Contractor agree to co-operate with each other generally in relation to all matters within the scope of or in connection with the Independent Certifier's Deed of Appointment. All instructions and representations issued or made by either of the Authority or the Contractor to the Independent Certifier shall be simultaneously copied by that party to the other and both parties shall be entitled to attend all inspections undertaken by or meetings involving the Independent Certifier. 20.1.7 In the event of the Independent Certifier's appointment being terminated otherwise than following full performance, the Authority and the Contractor shall liaise and co-operate with each other in order to appoint, a replacement consultant to act as the Independent Certifier as soon as reasonably practicable. The identity of any such replacement consultant shall be as agreed by the Authority and the Contractor and the terms of his appointment shall, unless otherwise agreed, be as set out in the Independent Certifier's Deed of Appointment. 20.1.8 In the event that the Authority and the Contractor fail to agree the identity and/or terms of a replacement Independent Certifier in accordance with clause 20.1.7 (Independent Certifier) within twenty (20) Business Days of the original Independent Certifier's appointment being terminated, then either the Authority or the Contractor may refer the matter for determination under the Dispute Resolution Procedure.

Independent Certifier. 20.1.1 The Authority and the Contractor shall on or before the date of this Agreement, appoint the Independent Certifier for the purposes of this Agreement upon the terms of the Independent Certifier's Deed of Appointment. 20.1.2 The Independent Certifier's Deed of Appointment shall specify the duties of the Independent Certifier owed to the Authority and the Contractor. 20.1.3 The Authority and the Contractor shall procure that the Independent Certifier carries out the IC Services upon the terms of the Independent Certifier's Deed of Appointment. 20.1.4 The Authority and the Contractor shall comply with their respective obligations under the Independent Certifier's Deed of Appointment. 20.1.5 Neither the Authority nor the Contractor shall without the other's prior written approval (not to be unreasonably withheld or delayed): (a) agree to terminate, give notice to terminate or otherwise take action to terminate, repudiate or discharge or secure the termination of the Independent Certifier's Deed of Appointment or treat the same as having been terminated, repudiated or otherwise discharged;discharged;‌ (b) release, waive, settle, compromise or otherwise prejudice or vary any rights or claims which the other may from time to time have against the Independent Certifier; oror‌ (c) vary or agree or purport to vary the terms of the Independent Certifier's Deed of Appointment or the IC Services performed or to be performed by the Independent Certifier.Certifier.‌ 20.1.6 The Authority and the Contractor agree to co-operate with each other generally in relation to all matters within the scope of or in connection with the Independent Certifier's Deed of Appointment. All instructions and representations issued or made by either of the Authority or the Contractor to the Independent Certifier shall be simultaneously copied by that party to the other and both parties shall be entitled to attend all inspections undertaken by or meetings involving the Independent Certifier. 20.1.7 In the event of the Independent Certifier▇▇▇▇▇▇▇▇▇'s appointment being terminated otherwise than following full performance, the Authority and the Contractor shall liaise and co-operate with each other in order to appoint, a replacement consultant to act as the Independent Certifier as soon as reasonably practicable. The identity of any such replacement consultant shall be as agreed by the Authority and the Contractor and the terms of his appointment shall, unless otherwise agreed, be as set out in the Independent Certifier's Deed of Appointment. 20.1.8 In the event that the Authority and the Contractor fail to agree the identity and/or terms of a replacement Independent Certifier in accordance with clause 20.1.7 (Independent Certifier) within twenty (20) Business Days of the original Independent Certifier▇▇▇▇▇▇▇▇▇'s appointment being terminated, then either the Authority or the Contractor may refer the matter for determination under the Dispute Resolution Procedure.