Notwithstanding clause 5.1, a failure by:
(a) the NOPs to comply with the requirements of this clause confers on the Project Owner; or
(b) the Project Owner to comply with the requirements of this clause confers on the NOPs, an enforceable right at law or in equity to seek any one of or a combination of specific performance, injunction or damages and, to the extent that any right under a Statutory Requirement might otherwise be excluded this Agreement, any right under that Statutory Requirement.