(a) If, on completion of any inspection and audit it is discovered that the total payments made to the NOPs are greater than the NOPs' entitlement to payment under this Agreement, the Project Owner may either:
(1) deduct an amount equal to the excess from moneys due or becoming due to the NOPs whether under this Agreement or otherwise; or
(2) require the NOPs to reimburse the excess to the Project Owner.
(b) If, on completion of any inspection and audit it is discovered that the total payments made to the NOPs are less than the NOPs' entitlement to payment under this Agreement, the NOPs may require the Project Owner to pay any shortfall to the NOPs.
(c) This clause 16.5 applies:
(1) even if the Final Certificate has been issued under clause 11 or this Agreement has terminated; and
(2) whether the inspection and audit was carried out under clause 17.4, or otherwise.
(d) If the Project Owner or the NOPs are required to make a payment under this clause 16.5, they must make that payment within 20 Business Days of a request for payment being made.
(e) Notwithstanding clause 5.1, the Project Owner or the NOPs (as the case may be) may commence proceedings to recover any amount payable to them under this clause 16.5 not paid on time.