29.1.1  Inspection at contract expiry

(a)  The private party and government must carry out joint inspections of the facility before the end of the Contract Term. The inspections must take place at regular intervals and at specific times as set out in the project agreement.

(b)  Following the inspection, the parties must use their reasonable endeavours to agree on:

(i)  the works (if any) required from the date of the review until contract expiry to bring the condition of the facility to the standard they would have been in had the private party properly performed its obligations under the project agreement and to ensure that on contract expiry the facility complies with the 'handover conditions';

(ii)  a reasonable program for the private party to carry out such works; and

(iii)  the expected cost of carrying out the works in accordance with the program.

In regard to paragraph (b) above, either party may refer the matter for dispute resolution if the parties do not agree on all matters referred to in that item.

In regard to paragraph (b)(i) above, the project agreement will specify the condition the facility must be in at contract expiry, taking into account the design life requirement after contract expiry.