Common use of Independent Certifier Clause in Contracts

Independent Certifier. 24.1 Subject to clause 24.3, if the Independent Certifier Deed is terminated, ARENA and the Recipient must promptly enter into a replacement independent certifier deed on substantially the same terms as the Independent Certifier Deed (or such other terms as agreed between the parties acting reasonably). Advancing Renewables Program Funding Agreement | Vast Solar, Port Augusta Concentrated Solar Power Project 2022/ARP026 20 24.2 Where clause 24.1 applies, the Recipient must nominate the replacement independent certifier in writing to ARENA, and the replacement independent certifier must: (a) be experienced in the provision of the Services (as defined in the Independent Certifier Deed); and (b) satisfy ARENA’s probity requirements (which include, without limitation, confirmation that the nominated replacement independent certifier is sufficiently independent from and does not have any actual or perceived conflict of interest with the Recipient). 24.3 ARENA may only reject a replacement independent certifier nominated by the Recipient under clause 24.2 if the nominee does not meet the requirements in clause 24.2 and ARENA gives notice to the Recipient together with the reasons for its rejection within 5 Business Days of the Recipient’s nomination. 24.4 If ARENA rejects a replacement independent certifier nominated by the Recipient in accordance with clause 24.3, the Recipient must promptly nominate an alternative replacement independent certifier which meets the requirements under clause 24.2.

Independent Certifier. 24.1 23.1 Subject to clause 24.323.3, if the Independent Certifier Deed is terminated, ARENA and the Recipient must promptly enter into a replacement independent certifier deed on substantially the same terms as the Independent Certifier Deed (or such other terms as agreed between the parties acting reasonably). Advancing Renewables Program Funding Agreement | Vast Solar, Port Augusta Concentrated Solar Power Project 2022/ARP026 20. 24.2 23.2 Where clause 24.1 23.1 applies, the Recipient must nominate the replacement independent certifier in writing to ARENA, and the replacement independent certifier must: (a) be experienced in the provision of the Services (as defined in the Independent Certifier Deed); and (b) satisfy ARENA’s probity requirements (which include, without limitation, confirmation that the nominated replacement independent certifier is sufficiently independent from and does not have any actual or perceived conflict of interest with the Recipient). 24.3 23.3 ARENA may only reject a replacement independent certifier nominated by the Recipient under clause 24.2 23.2 if the nominee does not meet the requirements in clause 24.2 23.2 and ARENA gives notice to the Recipient together with the reasons for its rejection within 5 Business Days of the Recipient’s nomination. 24.4 23.4 If ARENA rejects a replacement independent certifier nominated by the Recipient in accordance with clause 24.323.3, the Recipient must promptly nominate an alternative replacement independent certifier which meets the requirements under clause 24.223.2.