(a) Subject to clause 19.10(b), to the extent that a NOP receives payment under an insurance policy that reimburses any amounts that were reimbursed or are reimbursable under this Agreement, then the NOP must, within 20 Business Days of receipt of that payment, pass on full payment to the Owner Participant and the AOC will be reduced by the amount of any payment made by a NOP to the Owner Participant under this clause 19.10(a). If a Gainshare Amount has been paid to the NOPs or a Painshare Amount has been paid by the NOPs, then clause 16.5 applies in respect of any underpayment or overpayment determined to have been made after recalculation of the Gainshare Amount or Painshare Amount (if any and as the case may be) on the basis of the adjusted AOC.
(b) Notwithstanding that a NOP may have lodged a claim under an insurance policy required to be effected and maintained by the Owner Participant, the Owner Participant may require its insurer to make payment directly to the Owner Participant in respect of any claim for loss or damage to the Works.
(c) Notwithstanding clause 5.1, the Owner Participant may commence proceedings to recover any amounts payable to it under clause 19.10(a) if that amount is not paid by the NOPs within the time period referred to in clause 19.10(a).
(d) To the extent that the Owner Participant receives payment under an insurance policy that reimburses any amounts that were or are treated as Reimbursable Costs for the purposes of calculating the AOC under this Agreement, then the AOC will be reduced by those amounts. If a Gainshare Amount has been paid to the NOPs or a Painshare Amount has been paid by the NOPs, then clause 16.5 applies in respect of any underpayment or overpayment determined to have been made after recalculation of the Gainshare Amount or Painshare Amount (if any and as the case may be) on the basis of the adjusted AOC.