Common use of Weather Condition Clause in Contracts

Weather Condition. The trial run shall be carried out under the weather condition which is deemed favorable enough in the reasonable judgment of the SELLER. In the event of unfavourable weather on the date specified for the trial run, the same shall take place on the first available day thereafter that the weather condition permits. It is agreed that, if during the speed trial of the VESSEL, the weather is unfavourable (i.e. sea state of 3 and wind state of Beaufort 3 or worse) that orderly conduct of the speed trial can no longer be continued, the speed trial shall be discontinued and postponed until the first favorable day next following, unless the BUYER shall assent in writing to acceptance of the VESSEL on the basis of the speed trial already made before such discontinuance has occurred. Any delay of the trial run caused by such unfavourable weather condition shall operate to postpone the Delivery Date by the period of the delay involved and such delay shall be deemed as Permissible Delay in the delivery of the VESSEL.

Appears in 4 contracts

Samples: Construction Of (Seaspan CORP), Seaspan CORP, Seaspan CORP

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Weather Condition. The trial run shall be carried out under the weather condition which is deemed favorable favourable enough in by the reasonable judgment judgement of the SELLERBUILDER in accordance with this Contract and the Specifications. In the event of unfavourable weather on the date specified for the trial run, the same shall take place on the first available day thereafter that the weather condition permits. It is agreed that, if during the speed trial run of the VESSEL, the weather is should suddenly become so unfavourable (i.e. sea state of 3 and wind state of Beaufort 3 or worse) that orderly conduct of the speed trial run can no longer be continued, the speed trial run shall be discontinued and postponed until the first favorable favourable day next following, unless the BUYER shall assent in writing to acceptance of the VESSEL on the basis of the speed trial run already made before such discontinuance has occurred. Any delay of the trial run caused by such unfavourable weather condition shall operate to postpone the Delivery Date by the period of the delay involved and such delay shall be deemed as Permissible Delay a permissible delay in the delivery of the VESSEL.

Appears in 2 contracts

Samples: Shipbuilding Contract (Globus Maritime LTD), Shipbuilding Contract (Globus Maritime LTD)

Weather Condition. The trial run Trial Run shall be carried out under the weather condition which is deemed favorable favourable enough in by the reasonable judgment of the SELLERBUILDER and the BUYER. In the event of unfavourable weather on the date specified for the trial runTrial Run, the same shall take place on the first available day thereafter that the weather condition permits. It is agreed that, if during the speed trial run of the VESSEL, the weather is should suddenly become so unfavourable (i.e. sea state of 3 and wind state of Beaufort 3 or worse) that orderly conduct of the speed trial run can no longer be continued, the speed trial run shall be discontinued and postponed until the first favorable favourable day next following, unless the BUYER shall assent in writing to acceptance of the VESSEL on the basis of the speed trial run already made before such discontinuance has occurred. Any delay of the trial run caused by such unfavourable weather condition shall operate to postpone the Delivery Date by the period of the delay involved and such delay shall be deemed as a Permissible Delay in the delivery of the VESSEL.

Appears in 2 contracts

Samples: Shipbuilding Contract (Safe Bulkers, Inc.), Shipbuilding Contract (Safe Bulkers, Inc.)

Weather Condition. The trial run shall be carried out under the weather condition which is deemed favorable enough in by the reasonable judgment of the SELLERBUILDER. In the event of unfavourable weather on the date specified for the trial run, the same shall take place on the first available day thereafter that the weather condition permits. It is agreed that, if during the speed trial run of the VESSEL, the weather is should suddenly become so unfavourable (i.e. at least sea state of 3 and wind state of Beaufort 3 or worse3) that orderly conduct of the speed trial run can no longer be continued, the speed trial run shall be discontinued and postponed until the first favorable day next following, unless the BUYER shall assent in writing to acceptance of the VESSEL on the basis of the speed trial run already made before such discontinuance has occurred. Any delay of the trial run caused by such unfavourable weather condition shall operate to postpone the Delivery Date by the period of the delay involved and such delay shall be deemed as Permissible Delay in the delivery of the VESSELXXXXXX.

Appears in 1 contract

Samples: Danaos Corp

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Weather Condition. The trial run shall be carried out under the weather condition which is deemed favorable enough in by the reasonable judgment judgement of the SELLERBUILDER with the BUYER’s representative’s consent. In the event of unfavourable unfavorable weather on the date specified for the trial run, the same shall take place on the first available day thereafter that the weather condition permits. It is agreed that, if during the speed trial run of the VESSEL, the weather is unfavourable (i.e. sea state of 3 and wind state of Beaufort 3 or worse) should suddenly become so unfavorable that orderly conduct of the speed trial run can no longer be continued, the speed trial run shall be discontinued and postponed until the first favorable day next following, unless the BUYER shall assent in writing to the acceptance of the VESSEL on the basis of the speed trial run already made before such discontinuance has occurred. Any delay of the trial run caused by such unfavourable unfavorable weather condition shall operate to postpone the Delivery Date by the period of the delay involved and such delay shall be deemed as Permissible Delay a permissible delay in the delivery of the VESSEL.

Appears in 1 contract

Samples: Construction and Sale (Scorpio Bulkers Inc.)

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