(a) If, following receipt of a Monthly earned value report under clause 17.1(c), a recommendation from the ALT or otherwise, it is evident to the Project Owner that the AOC of performing the Works under this Agreement has exceeded or will exceed the TOC, then the Project Owner may immediately, by notice in writing to the NOPs, suspend the payment of (but not the entitlement to) Corporate Overhead and Profit to the NOPs to the extent necessary to cover the NOPs' potential liability to pay any Painshare Amount under Schedule 7.
(b) The suspension of payment of Corporate Overhead and Profit to the NOPs under clause 16.6(a) will be effective for the period commencing on the date specified by the Project Owner, and ending on the Final Completion Date.
(c) If the Project Owner suspends the payment of Corporate Overhead and Profit to the NOPs under clause 16.6(a), then the amount of any Corporate Overhead and Profit to which the NOPs is entitled for the period:
(1) from the date of suspension of payment by the Project Owner until the Date of Practical Completion will be considered to have been paid to the NOPs for the purposes of calculating any Interim Gainshare Amount or Interim Painshare Amount (if any and as the case may be) under the Risk or Reward Regime as at the Date of Practical Completion; and
(2) from the date of suspension of payment by the Project Owner until the Final Completion Date will:
(A) be considered to have been paid to the NOPs for the purposes of calculating any Gainshare Amount or Painshare Amount (if any and as the case may be) under the Risk or Reward Regime as at the Final Completion Date; and
(B) be included by the Participants in the Final Certificate as an amount payable by the Project Owner to the NOPs.