Provisional Certificate. The Independent Engineer and/or the Independent Panel, as the case may be, may, at the request of the Concessionaire, certify in writing if the Completion Tests are successful and all the facilities required for Project or any phase thereof, as the case may be, can be safely and reliably placed in commercial operation despite some works being incomplete. Upon such provisional certification the Concessionaire shall be entitled to demand and collect the Fee in relation to the completed part for rendering Services in accordance with this Agreement. For the avoidance of the doubt the Parties agree that notwithstanding anything to the contrary contained in this Clause 14.3, the obligations contained in Clause 12.3 shall continue to be binding on the Concessionaire. Such provisional certificate, if issued, shall carry a punch list (“Punch List”) of the remaining items to be completed, and the time period within which the same has to be completed for issue of completion certificate in respect thereof. Any failure to comply with the terms of the provisional certificate in regard to completion of punch list items enumerated therein shall make the Agreement liable for termination as if it were Concessionaire’s event of default.
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Samples: Concession Agreement, Concession Agreement, Concession Agreement
