Common use of Acceptance or Rejection Clause in Contracts

Acceptance or Rejection. (a) If, during any sea trial, any breakdown occurs entailing interruption or irregular performance which can be repaired on board, the trial shall be continued after such repairs and be valid in all respects. (b) However, if during or after the trial run, it becomes apparent that the VESSEL or any part of her equipment does not conform to the requirements of this CONTRACT, the SPECIFICATIONS and the PLAN, the BUILDER shall notify the BUYER promptly by e-mail or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. to correct such non-conformity. The BUYER shall, within two (2) days of receipt from the BUILDER of notice of completion of such alterations or corrections and after such further trials or tests as necessary, notify the BUILDER by email or facsimile confirmed in writing of its acceptance, qualified acceptance or rejection of the VESSEL, all in accordance with the SPECIFICATIONS, the PLAN and this CONTRACT, and shall not be entitled to reject the VESSEL on such grounds until such time. (c) Save as above provided, the BUYER shall, within two (2) days after completion of the trial run, notify the BUILDER by email or facsimile confirmed in writing of its acceptance of the VESSEL or of the details in respect of which the VESSEL does not conform to the SPECIFICATIONS or this CONTRACT. If the BUILDER is in agreement with the BUYER's determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfilment of this CONTRACT, the SPECIFICATIONS and the PLAN by such tests or trials as may be necessary. The BUYER shall, within two (2) days after completion of such tests and/or trials, notify the BUILDER by email or facsimile confirmed in writing of its acceptance or rejection of the VESSEL. (d) However, the BUYER shall not be entitled to reject the VESSEL by reason of any minor or insubstantial items judged from the point of view of standard shipbuilding and shipping practice as not being in conformity with the CONTRACT, the SPECIFICATIONS and the PLAN, and which do not effect the issuance of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodies, but that in such case, the BUILDER shall not be released from the obligation to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery of the VESSEL.

Acceptance or Rejection. (a) If, during any sea trial, any breakdown occurs entailing interruption or irregular performance which can be repaired on board, the trial shall be continued after such repairs and be valid in all respects. (b) However, if if, during or after the trial run, it becomes apparent that the VESSEL or any part of her equipment does not conform requires alterations or corrections which but for this provision would or might entitle the BUYER to the requirements of rescind this CONTRACT, the SPECIFICATIONS and the PLAN, the BUILDER shall notify the BUYER promptly in writing or by e-mail or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. to correct such non-conformity. The BUYER shall, within two (2five(5) days of receipt from the BUILDER of notice of completion of such alterations or corrections and after such further trials or tests as necessary, notify the BUILDER in writing or by email or facsimile confirmed in writing of its acceptance, qualified acceptance or rejection of the VESSEL, all in accordance with the SPECIFICATIONS, the PLAN and this CONTRACT, and shall not be entitled to reject the VESSEL on such grounds until such time. (c) Save as above provided, the BUYER shall, within two (2three(3) days after completion of the trial run, notify the BUILDER in writing or by email or facsimile confirmed in writing of its acceptance of the VESSEL or of the details in respect of which the VESSEL does not conform to the SPECIFICATIONS or this CONTRACT. If the BUILDER is in agreement with the BUYER's ’s determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfilment of this CONTRACT, CONTRACT and the SPECIFICATIONS and the PLAN by such tests or trials as may be necessary. The BUYER shall, within two three (23) days after completion of such tests and/or trials, notify the BUILDER in writing or by email or facsimile confirmed in writing of its acceptance or rejection of the VESSEL. (d) However, the BUYER shall not be entitled to reject the VESSEL by reason of any minor or insubstantial items judged from the point of view of standard shipbuilding and shipping practice as not being in conformity with the CONTRACTSPECIFICATIONS, the SPECIFICATIONS and the PLANbut, and which do not effect the issuance of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodies, but in that in such case, the BUILDER shall not be released from the obligation to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery of the VESSEL.

Acceptance or Rejection. (a) If, during any sea trial, any breakdown occurs entailing interruption or irregular performance which can be repaired on board, the trial shall be continued after such repairs and be valid in all respects. (b) However, if if, during or after the trial run, it becomes apparent that the VESSEL or any part of her equipment does not conform requires alterations or corrections which but for this provision would or might entitle the BUYER to the requirements of cancel this CONTRACT, the SPECIFICATIONS and the PLAN, the BUILDER shall notify the BUYER promptly in writing or by e-mail or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. to correct such non-conformity. The BUYER shall, within two (2) days of receipt from the BUILDER of notice of completion of such alterations or corrections and after such further trials or tests as necessary, notify the BUILDER in writing or by email or facsimile confirmed in writing of its acceptance, qualified acceptance or rejection of the VESSEL, all in accordance with the SPECIFICATIONS, SPECIFICATIONS and the PLAN and this CONTRACT, and shall not be entitled to reject the VESSEL on such grounds until such time. (c) Save as above provided, the BUYER shall, within two (2) days after completion of the trial run, notify the BUILDER in writing or by email or facsimile confirmed in writing of its acceptance of the VESSEL or of the details in respect of which the VESSEL does not conform to the SPECIFICATIONS and the PLAN or this CONTRACT. If the BUILDER is in agreement with the BUYER's ’s determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfilment of this CONTRACT, CONTRACT and the SPECIFICATIONS and the PLAN by such tests or trials as may be necessary. The BUYER shall, within two (2) days after completion of such tests and/or trials, notify the BUILDER in writing or by email or facsimile confirmed in writing of its acceptance or rejection of the VESSEL. (d) However, the BUYER shall not be entitled to reject the VESSEL by reason of any minor or insubstantial items judged from the point of view of standard shipbuilding and shipping practice as not being in conformity with the CONTRACTSPECIFICATIONS, the SPECIFICATIONS and the PLANbut, and which do not effect the issuance of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodies, but in that in such case, the BUILDER shall not be released from the obligation to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery of the VESSEL.

Acceptance or Rejection. (a) IfUpon completion of sea trial, the BUILDER shall give the BUYER a notice in writing or by e-mail or telefax of the result of the sea trial, as and if the BUILDER considers that the result of sea trial indicates conformity of the VESSEL to this CONTRACT and the SPECIFICATIONS and PLAN. (b) The BUYER shall within four (4) working days after receipt of such notice notify the BUILDER in writing or by e-mail or telefax of its acceptance or rejection of the VESSEL, provided that in case of rejecting the VESSEL, the BUYER shall set out in its notice of rejection a detailed, clear explanation of all and any aspects of the VESSEL which it considers do not comply with this CONTRACT, the SPECIFICAITONS and/or the PLAN. (c) If the BUILDER is in agreement with the BUYER’s determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfillment of the CONTRACT and SPECIFICATIONS by such tests or trials as may be necessary. If the BUILDER is not in agreement with the BUYER’s determination as to non-conformity, each party shall be entitled to refer the disagreement for determination as per Article XIII. (d) The BUYER shall not be entitled to reject the VESSEL by reason of any minor or insubstantial items which do not in any way affect the safety or the operation of the Vessel judged from the point of view of the BUILDER’s shipbuilding practice for Crude Oil Carrier, as the BUILDER has been performing for its other clients and HSQS (Hyundai Samho Shipbuilding Quality Standard) as not being in conformity with the SPECIFICATIONS, but, in that case, the BUILDER shall not be released from the obligation to correct and/or remedy for its own account such minor or insubstantial items as soon as practicable after the delivery of the VESSEL. If inconvenient for the VESSEL to have such items corrected and/or remedied at the SHIPYARD, the BUILDER shall arrange to have such corrections or remedies carried out elsewhere, and may, if practicable, do such work while the VESSEL is sailing. The BUYER may in its absolute discretion accept a payment in lieu of such items being corrected and/or remedied. Any payment in lieu shall be agreed in writing between the BUILDER and the BUYER. (e) If during any sea trial, trial any breakdown occurs breakdowns occur entailing interruption or irregular performance which can be repaired on board, the sea trial shall be continued after such repairs and be valid in all respects. (b) . However, if during or after the sea trial run, it becomes apparent that the VESSEL or any part of her equipment does not conform to the requirements of this CONTRACT, the SPECIFICATIONS and the PLANrequires alterations or correction, the BUILDER shall notify the BUYER promptly in writing or by e-mail or facsimile telefax to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. to correct such non-conformity. The BUYER shall, within two five (25) days of receipt from the BUILDER of notice of completion of such alterations or corrections and after such further trials or tests as necessary, notify the BUILDER by email or facsimile confirmed in writing or by e-mail or telefax of its acceptance, qualified acceptance or rejection of the VESSEL, all in accordance with the SPECIFICATIONS, the PLAN and this the CONTRACT, and shall not be entitled to reject the VESSEL on such grounds until such time. (c) Save as above provided, the BUYER shall, within two (2) days after completion of the trial run, notify the BUILDER by email or facsimile confirmed in writing of its acceptance of the VESSEL or of the details in respect of which the VESSEL does not conform to the SPECIFICATIONS or this CONTRACT. If the BUILDER is in agreement with the BUYER's determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfilment of this CONTRACT, the SPECIFICATIONS and the PLAN by such tests or trials as may be necessary. The BUYER shall, within two (2) days after completion of such tests and/or trials, notify the BUILDER by email or facsimile confirmed in writing of its acceptance or rejection of the VESSEL. (d) However, the BUYER shall not be entitled to reject the VESSEL by reason of any minor or insubstantial items judged from the point of view of standard shipbuilding and shipping practice as not being in conformity with the CONTRACT, the SPECIFICATIONS and the PLAN, and which do not effect the issuance of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodies, but that in such case, the BUILDER shall not be released from the obligation to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery of the VESSEL.

Acceptance or Rejection. (a) If, during any sea trial, any breakdown occurs entailing interruption or irregular performance which can be repaired on board, the trial shall be continued after such repairs and be valid in all respects. (b) However, if during or after the trial run, it becomes apparent that the VESSEL or any part of her equipment does not conform to the requirements of this CONTRACT, the SPECIFICATIONS and the PLAN, the BUILDER shall notify the BUYER promptly by e-mail or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. to correct such non-conformity. The BUYER shall, within two (2) days of receipt from the BUILDER of notice of completion of such alterations or corrections and after such further trials or tests as necessary, notify the BUILDER by email or facsimile confirmed in writing of its acceptance, qualified acceptance or rejection of the VESSEL, all in accordance with the SPECIFICATIONS, the PLAN and this CONTRACT, and shall not be entitled to reject the VESSEL on such grounds until such time. (c) Save as above provided, the BUYER shall, within two (2) days after completion of the trial run, notify the BUILDER by email or facsimile confirmed in writing of its acceptance of the VESSEL or of the details in respect of which the VESSEL does not conform to the SPECIFICATIONS or this CONTRACT. If the BUILDER is in agreement with the BUYER's determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfilment of this CONTRACT, the SPECIFICATIONS and the PLAN by such tests or trials as may be necessary. The BUYER shall, within two (2) days after completion of such tests and/or trials, notify the BUILDER by email or facsimile confirmed in writing of its acceptance or rejection of the VESSELXXXXXX. (dx) However, the BUYER shall not be entitled to reject the VESSEL by reason of any minor or insubstantial items judged from the point of view of standard shipbuilding and shipping practice as not being in conformity with the CONTRACT, the SPECIFICATIONS and the PLAN, and which do not effect the issuance of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodies, but that in such case, the BUILDER shall not be released from the obligation to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery of the VESSEL.

Acceptance or Rejection. (a) If, during any sea trial, any breakdown occurs entailing interruption or irregular performance which can be repaired on board, the trial shall be continued after such repairs and be valid in all respects. (b) However, if if, during or after the trial run, it becomes apparent that the VESSEL or any part of her equipment does not conform requires alterations or corrections which but for this provision would or might entitle the BUYER to the requirements of cancel this CONTRACT, the SPECIFICATIONS and the PLAN, the BUILDER shall notify the BUYER promptly in writing or by e-mail or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. to correct such non-conformity. The BUYER shall, within two three (23) days of receipt from the BUILDER of notice of completion of such alterations or corrections and after such further trials or tests as necessary, notify the BUILDER in writing or by email e-mail or facsimile confirmed in writing of its acceptance, qualified acceptance or rejection of the VESSEL, all in accordance with the SPECIFICATIONS, the PLAN and this CONTRACT, and shall not be entitled to reject the VESSEL on such grounds until such time. (c) Save as above provided, the BUYER shall, within two three (23) days after completion of the trial run, notify the BUILDER in writing or by email e-mail or facsimile confirmed in writing of its acceptance of the VESSEL or of the details in respect of which the VESSEL does not conform to the SPECIFICATIONS or this CONTRACT. If the BUILDER is in agreement with the BUYER's determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfilment fulfillment of this CONTRACT, CONTRACT and the SPECIFICATIONS and the PLAN by such tests or trials as may be necessary. The BUYER shall, within two three (23) days after completion of such tests and/or trials, notify the BUILDER in writing or by email e-mail or facsimile confirmed in writing of its acceptance or rejection of the VESSEL. (d) However, the BUYER shall not be entitled to reject the VESSEL by reason of any minor or insubstantial items judged from the point of view of standard shipbuilding and shipping practice as not being in conformity with the CONTRACTSPECIFICATIONS, the SPECIFICATIONS and the PLANbut, and which do not effect the issuance of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodies, but in that in such case, the BUILDER shall not be released from the obligation to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery of the VESSEL.

Acceptance or Rejection. (ai) If, during any Upon completion of sea trial, any breakdown occurs entailing interruption or irregular performance which can be repaired on boardthe Builder shall submit to the Buyer a jointly signed copy of all tests and trials carried out with regard to her machinery and equipment, hereinafter referred to as the trial shall be continued after such repairs Sea Trial Report as and be valid in all respects. (b) However, if during or after the trial run, it becomes apparent Builder considers that the VESSEL or any part result of her equipment does not conform sea trial indicates conformity of the Vessel to the requirements of this CONTRACT, the SPECIFICATIONS Contract and the PLAN, the BUILDER Specifications and Plans. The Buyer shall within five (5) working days after receipt of such Sea Trial Report notify the BUYER promptly Builder in writing or by e-mail or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. to correct such non-conformity. The BUYER shall, within two (2) days of receipt from the BUILDER of notice of completion of such alterations or corrections and after such further trials or tests as necessary, notify the BUILDER by email or facsimile confirmed in writing telefax of its acceptance, qualified acceptance or rejection of the VESSELSea Trial Report, all provided that in accordance with case of rejecting the SPECIFICATIONSSea Trial Report, the PLAN Buyer shall set out in its notice of rejection a detailed, clear explanation of all and any aspects of the Sea Trial Report which it considers do not comply with this CONTRACT, and shall not be entitled to reject the VESSEL on such grounds until such time. (c) Save as above providedContract, the BUYER shall, within two (2) days after completion of Specifications and/or the trial run, notify the BUILDER by email or facsimile confirmed in writing of its acceptance of the VESSEL or of the details in respect of which the VESSEL does not conform to the SPECIFICATIONS or this CONTRACTPlans. If the BUILDER Builder is in agreement with the BUYER's Buyer’s determinations as to non-conformity, the BUILDER Builder shall make such alterations or changes as may be necessary to correct such non-conformity nonconformity and shall prove the fulfilment of this CONTRACT, the SPECIFICATIONS Contract and the PLAN Specifications by such tests or trials as may be necessarynecessary and as witnessed by the Buyer’s Representative(s). If the Builder is not in agreement with the Buyer’s determination as to non-conformity, each party shall be entitled to refer the disagreement to the Classification Society and/or Arbitration as per Article 13. The BUYER shall, within two (2) days after completion of such tests and/or trials, notify the BUILDER by email or facsimile confirmed in writing of its acceptance or rejection of the VESSEL. (d) However, the BUYER Buyer shall not be entitled to reject the VESSEL Vessel by reason of any minor or insubstantial items judged from the point of view of international standard shipbuilding and shipping practice as not being in conformity with the CONTRACT, Specifications and insofar as the SPECIFICATIONS and the PLAN, and which same do not effect affect the issuance conditions of class of the required certificates from Vessel, other statutory regulations in respect of the CLASSIFICATION SOCIETY and regulatory bodiesVessel and/or its normal operation, but but, in that in such case, the BUILDER Builder shall not be released from the obligation to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery of the VESSELVessel. If inconvenient for the Vessel to have such items corrected and/or remedied at the Builder’s yard, the Builder shall arrange to have such corrections or remedies carried out elsewhere, and may, if practicable, do such work while the Vessel is sailing. The Buyer may, if proposed by the Builder in its absolute discretion decide to agree to receive a payment in lieu of such items being corrected and/or remedied. Any payment in lieu shall be agreed between the Builder and the Buyer. (ii) If during any sea trial any breakdowns occur entailing interruption or irregular performance which can be repaired on board, the sea trial shall be continued after such repairs and be valid in all respects. However, if during or after the sea trial it becomes apparent that the Vessel or any part of her equipment requires alterations or correction which but for this provision would or might entitle the Buyer to cancel this Contract, the Builder shall have the right to attempt to carry out such alterations or corrections and shall notify the Buyer promptly in writing or by e-mail or telefax to such effect and shall simultaneously advise the Buyer of the estimated additional time required for the necessary alterations or corrections to be made. The Buyer shall, within three (3) working days of receipt from the Builder of notice of completion of such alterations or corrections and after such further trials or tests as necessary, notify the Builder in writing or by e-mail or telefax of its acceptance, qualified acceptance or rejection of the Vessel, all in accordance with the Specification, Plans and the Contract, and shall not be entitled to reject the Vessel on such grounds until such time. (iii) The notice periods allowed and additional time required for such alterations and corrections shall not be permissible delays extending the delivery date of the Vessel under this Contract.

Acceptance or Rejection. Subject to full, faithful and punctual performance and discharge by the Company of all of its duties, obligations and responsibilities as set forth in this Agreement and any other agreement entered into between the Subscriber and the Company relating to this subscription (a) If, during any sea trial, any breakdown occurs entailing interruption or irregular performance which can be repaired on boardcollectively, the trial "Transaction Documents"), the Subscriber shall be continued after such repairs legally bound to purchase the Units pursuant to the terms and be valid conditions set forth in all respects. this Agreement. For the avoidance of doubt, upon the occurrence of the failure by the Company to fully, faithfully and punctually perform and discharge any of its duties, obligations and responsibilities as set forth in any of the Transaction Documents, which shall have been performed or otherwise discharged prior to the Closing, the Subscriber may, on or prior to the Closing (b) Howeveras defined below), if during or after at its sole and absolute discretion, elect not to purchase the trial run, it becomes apparent Units and provide instructions to the escrow agent under the Escrow Agreement to receive the full and immediate refund of the Aggregate Purchase Price. The Subscriber understands and agrees that the VESSEL Company reserves the right to reject this subscription for Units in whole or part in any part of her equipment does not conform order at any time prior to the requirements of this CONTRACTClosing for any reason, notwithstanding the SPECIFICATIONS and the PLAN, the BUILDER shall notify the BUYER promptly by e-mail or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. to correct such non-conformity. The BUYER shall, within two (2) days of Subscriber’s prior receipt from the BUILDER of notice of completion acceptance of such alterations or corrections and after such further trials or tests as necessary, notify the BUILDER by email or facsimile confirmed in writing Subscriber’s subscription. In the event the Closing does not take place because of its acceptance, qualified acceptance or (i) the rejection of subscription for Units by the VESSELCompany; or (ii) the election not to purchase the Shares by the Subscriber; or (iii) failure to effectuate the Initial Closing on or prior to August 31, 2011 (unless extended in the discretion of the Board of Directors) (the “Initial Closing Date”) for any reason or no reason, this Agreement and any other Transaction Documents shall thereafter be terminated and have no force or effect, and the parties shall take all steps, including the execution of instructions to the escrow agent, to ensure that the Aggregate Purchase Price held in accordance with the SPECIFICATIONS, the PLAN and this CONTRACT, and Escrow Agreement shall not promptly be entitled returned or caused to reject the VESSEL on such grounds until such time. (c) Save as above provided, the BUYER shall, within two (2) days after completion of the trial run, notify the BUILDER by email or facsimile confirmed in writing of its acceptance of the VESSEL or of the details in respect of which the VESSEL does not conform be returned to the SPECIFICATIONS Subscriber without interest thereon or this CONTRACT. If the BUILDER is in agreement with the BUYER's determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfilment of this CONTRACT, the SPECIFICATIONS and the PLAN by such tests or trials as may be necessary. The BUYER shall, within two (2) days after completion of such tests and/or trials, notify the BUILDER by email or facsimile confirmed in writing of its acceptance or rejection of the VESSELdeduction therefrom. (d) However, the BUYER shall not be entitled to reject the VESSEL by reason of any minor or insubstantial items judged from the point of view of standard shipbuilding and shipping practice as not being in conformity with the CONTRACT, the SPECIFICATIONS and the PLAN, and which do not effect the issuance of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodies, but that in such case, the BUILDER shall not be released from the obligation to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery of the VESSEL.

Acceptance or Rejection. (a) If, during any sea trial, any breakdown occurs entailing interruption or irregular performance which can be repaired on board, the trial shall be continued after such repairs and have been made. Any important spare parts for the VESSEL's operation used in connection with such repairs are to be valid in all respectsreplaced with new parts at the BUILDER's cost prior to delivery. (b) However, if if, during or after the trial run, it becomes apparent that the VESSEL or any part of her equipment does not conform requires alterations or corrections which but for this provision would or might entitle the BUYER to the requirements of cancel this CONTRACT, the SPECIFICATIONS and the PLAN, the BUILDER shall notify the BUYER promptly in writing or by e-mail cable, telex or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. The BUILDER shall take proper steps to correct such nonremedy the same and carry out further re-conformitytrial runs as may be necessary without extra cost to the BUYER so as to insure full conformity with the requirements of this CONTRACT and the SPECIFICATIONS. The BUYER shall, within two three (23) days of receipt from the BUILDER of notice of completion of such alterations or corrections and after such further trials or tests as necessary, notify the BUILDER in writing or by email cable, telex or facsimile confirmed in writing of its acceptance, qualified acceptance or rejection of the VESSEL, all in accordance with the SPECIFICATIONS, the PLAN and this CONTRACT, and shall not be entitled to reject the VESSEL on such grounds until such time. (c) Save as above provided, the BUYER shall, within two three (23) days after completion of the trial run, notify the BUILDER in writing or by email cable, telex or facsimile confirmed in writing of its acceptance of the VESSEL or of the details in respect of which the VESSEL does not conform to the SPECIFICATIONS or this CONTRACT. If the BUILDER is in agreement with the BUYER's determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfilment fulfillment of this CONTRACT, CONTRACT and the SPECIFICATIONS and the PLAN by such tests or trials as may be necessary. Upon completion of correction of such non-conformity, if the CLASSIFICATION SOCIETY request a second trial run to prove that such non-conformity has been corrected, the BUILDER shall give the BUYER three (3) days' notice of the second trial. The BUYER shall, within two three (23) days after completion of such tests and/or trials, notify the BUILDER in writing or by email cable, telex or facsimile confirmed in writing of its acceptance or rejection of the VESSEL. (d) Any dispute between the BUILDER and the BUYER as to the conformity or non-conformity of the VESSEL to the requirements of this Contract and/or the Specifications shall be submitted for final decision by the CLASSIFICATION SOCIETY. (e) However, the BUYER shall not be entitled to reject the VESSEL by reason of any minor or insubstantial items judged from the point of view of standard shipbuilding and shipping practice as not being in conformity with the CONTRACTSPECIFICATIONS, the SPECIFICATIONS and the PLANbut, and which do not effect the issuance of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodies, but in that in such case, the BUILDER shall not be released from the obligation to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery of the VESSEL.

Acceptance or Rejection. (a) If, during any sea trial, any breakdown occurs entailing interruption or irregular performance which can be repaired on board, the trial shall be continued after such repairs and be valid in all respects. (b) However, if during or after the trial run, it becomes apparent that the VESSEL or any part of her equipment does not conform requires alterations or corrections which but for this provision would or might entitle the BUYER to the requirements of cancel this CONTRACT, the SPECIFICATIONS and the PLAN, the BUILDER shall notify the BUYER promptly in writing or by e-mail or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. to correct such non-conformity. The BUYER shall, within two (2) days of receipt from the BUILDER of notice of completion of such alterations or corrections and after such further trials or tests as necessarynecessary (such trials or tests may be attended by the BUYER’S REPRESENTATIVE), notify the BUILDER in writing or by email or facsimile confirmed in writing of its acceptance, qualified acceptance or rejection of the VESSEL, all in accordance with the SPECIFICATIONS, the PLAN and this CONTRACT, CONTRACT and shall not be entitled to reject the VESSEL on such grounds until such time. (c) Save as above provided, the BUYER shall, within two three (23) days after completion of the trial runrun and receipt of the official sea trials report, notify the BUILDER in writing or by email or facsimile confirmed in writing of its acceptance of the VESSEL or of the details in respect of which the VESSEL does not conform to the SPECIFICATIONS or this CONTRACT. If the BUILDER is in agreement with the BUYER's ’S determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfilment fulfillment of this CONTRACT, CONTRACT and the SPECIFICATIONS and the PLAN by such tests or trials as may be necessary. Such tests may be attended by the BUYER’S REPRESENTATIVE. The BUYER shall, within two (2) days after completion of such tests and/or trials, notify the BUILDER in writing or by email or facsimile confirmed in writing of its acceptance or rejection of the VESSEL. (d) However, the BUYER shall not be entitled to reject the VESSEL by reason of any minor or insubstantial items judged from the point of view of standard shipbuilding and shipping practice as not being in conformity with the CONTRACTSPECIFICATIONS, the SPECIFICATIONS and the PLANbut, and which do not effect the issuance of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodies, but in that in such case, the BUILDER shall not be released from the obligation to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery of the VESSEL.

Acceptance or Rejection. (a) IfUpon completion of sea trial, the BUILDER shall give the BUYER a notice in writing or by e-mail or telefax of the result of the sea trial, as and if the BUILDER considers that the result of sea trial indicates conformity of the VESSEL to this CONTRACT and the SPECIFICATIONS and PLAN. (b) The BUYER shall within four (4) working days after receipt of such notice notify the BUILDER in writing or by e-mail or telefax of its acceptance or rejection of the VESSEL, provided that in case of rejecting the VESSEL, the BUYER shall set out in its notice of rejection a detailed, clear explanation of all and any aspects of the VESSEL which it considers do not comply with this CONTRACT, the SPECIFICAITONS and/or the PLAN. (c) If the BUILDER is in agreement with the BUYER’s determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfillment of the CONTRACT and SPECIFICATIONS by such tests or trials as may be necessary. If the BUILDER is not in agreement with the BUYER’s determination as to non-conformity, each party shall be entitled to refer the disagreement for determination as per Article XIII. (d) The BUYER shall not be entitled to reject the VESSEL by reason of any minor or insubstantial items which do not in any way affect the safety or the operation of the Vessel judged from the point of view of the BUILDER’s shipbuilding practice for Crude Oil Carrier, as the BUILDER has been performing for its other clients and HSQM (Hyundai Shipbuilding Quality Manual) as not being in conformity with the SPECIFICATIONS, but, in that case, the BUILDER shall not be released from the obligation to correct and/or remedy for its own account such minor or insubstantial items as soon as practicable after the delivery of the VESSEL. If inconvenient for the VESSEL to have such items corrected and/or remedied at the SHIPYARD, the BUILDER shall arrange to have such corrections or remedies carried out elsewhere, and may, if practicable, do such work while the VESSEL is sailing. The BUYER may in its absolute discretion accept a payment in lieu of such items being corrected and/or remedied. Any payment in lieu shall be agreed in writing between the BUILDER and the BUYER. (e) If during any sea trial, trial any breakdown occurs breakdowns occur entailing interruption or irregular performance which can be repaired on board, the sea trial shall be continued after such repairs and be valid in all respects. (b) . However, if during or after the sea trial run, it becomes apparent that the VESSEL or any part of her equipment does not conform to the requirements of this CONTRACT, the SPECIFICATIONS and the PLANrequires alterations or correction, the BUILDER shall notify the BUYER promptly in writing or by e-mail or facsimile telefax to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. to correct such non-conformity. The BUYER shall, within two five (25) days of receipt from the BUILDER of notice of completion of such alterations or corrections and after such further trials or tests as necessary, notify the BUILDER by email or facsimile confirmed in writing or by e-mail or telefax of its acceptance, qualified acceptance or rejection of the VESSEL, all in accordance with the SPECIFICATIONS, the PLAN and this the CONTRACT, and shall not be entitled to reject the VESSEL on such grounds until such time. (c) Save as above provided, the BUYER shall, within two (2) days after completion of the trial run, notify the BUILDER by email or facsimile confirmed in writing of its acceptance of the VESSEL or of the details in respect of which the VESSEL does not conform to the SPECIFICATIONS or this CONTRACT. If the BUILDER is in agreement with the BUYER's determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfilment of this CONTRACT, the SPECIFICATIONS and the PLAN by such tests or trials as may be necessary. The BUYER shall, within two (2) days after completion of such tests and/or trials, notify the BUILDER by email or facsimile confirmed in writing of its acceptance or rejection of the VESSEL. (d) However, the BUYER shall not be entitled to reject the VESSEL by reason of any minor or insubstantial items judged from the point of view of standard shipbuilding and shipping practice as not being in conformity with the CONTRACT, the SPECIFICATIONS and the PLAN, and which do not effect the issuance of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodies, but that in such case, the BUILDER shall not be released from the obligation to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery of the VESSEL.

Acceptance or Rejection. (ai) If, during any Upon completion of sea trial, any breakdown occurs entailing interruption or irregular performance which can be repaired on boardthe Builder shall submit to the Buyer a jointly signed copy of all tests and trials carried out with regard to her machinery and equipment, hereinafter referred to as the trial shall be continued after such repairs Sea Trial Report as and be valid in all respects. (b) However, if during or after the trial run, it becomes apparent Builder considers that the VESSEL or any part result of her equipment does not conform sea trial indicates conformity of the Vessel to the requirements of this CONTRACT, the SPECIFICATIONS Contract and the PLAN, the BUILDER Specifications and Plans. The Buyer shall within five (5) working days after receipt of such Sea Trial Report notify the BUYER promptly Builder in writing or by e-mail or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. to correct such non-conformity. The BUYER shall, within two (2) days of receipt from the BUILDER of notice of completion of such alterations or corrections and after such further trials or tests as necessary, notify the BUILDER by email or facsimile confirmed in writing telefax of its acceptance, qualified acceptance or rejection of the VESSELSea Trial Report, all provided that in accordance with case of rejecting the SPECIFICATIONSSea Trial Report, the PLAN Buyer shall set out in its notice of rejection a detailed, clear explanation of all and any aspects of the Sea Trial Report which it considers do not comply with this CONTRACT, and shall not be entitled to reject the VESSEL on such grounds until such time. (c) Save as above providedContract, the BUYER shall, within two (2) days after completion of Specifications and/or the trial run, notify the BUILDER by email or facsimile confirmed in writing of its acceptance of the VESSEL or of the details in respect of which the VESSEL does not conform to the SPECIFICATIONS or this CONTRACTPlans. If the BUILDER Builder is in agreement with the BUYER's Buyer’s determinations as to non-conformity, the BUILDER Builder shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfilment of this CONTRACT, the SPECIFICATIONS Contract and the PLAN Specifications by such tests or trials as may be necessarynecessary and as witnessed by the Buyer’s Representative(s). If the Builder is not in agreement with the Buyer’s determination as to non-conformity, each party shall be entitled to refer the disagreement to the Classification Society and/or Arbitration as per Article 13. The BUYER shall, within two (2) days after completion of such tests and/or trials, notify the BUILDER by email or facsimile confirmed in writing of its acceptance or rejection of the VESSEL. (d) However, the BUYER Buyer shall not be entitled to reject the VESSEL Vessel by reason of any minor or insubstantial items judged from the point of view of international standard shipbuilding and shipping practice as not being in conformity with the CONTRACT, Specifications and insofar as the SPECIFICATIONS and the PLAN, and which same do not effect affect the issuance conditions of class of the required certificates from Vessel, other statutory regulations in respect of the CLASSIFICATION SOCIETY and regulatory bodiesVessel and/or its normal operation, but but, in that in such case, the BUILDER Builder shall not be released from the obligation to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery of the VESSELVessel. If inconvenient for the Vessel to have such items corrected and/or remedied at the Builder’s yard, the Builder shall arrange to have such corrections or remedies carried out elsewhere, and may, if practicable, do such work while the Vessel is sailing. The Buyer may, if proposed by the Builder in its absolute discretion decide to agree to receive a payment in lieu of such items being corrected and/or remedied. Any payment in lieu shall be agreed between the Builder and the Buyer. (ii) If during any sea trial any breakdowns occur entailing interruption or irregular performance which can be repaired on board, the sea trial shall be continued after such repairs and be valid in all respects. However, if during or after the sea trial it becomes apparent that the Vessel or any part of her equipment requires alterations or correction which but for this provision would or might entitle the Buyer to cancel this Contract, the Builder shall have the right to attempt to carry out such alterations or corrections and shall notify the Buyer promptly in writing or by e-mail or telefax to such effect and shall simultaneously advise the Buyer of the estimated additional time required for the necessary alterations or corrections to be made. The Buyer shall, within three (3) working days of receipt from the Builder of notice of completion of such alterations or corrections and after such further trials or tests as necessary, notify the Builder in writing or by e-mail or telefax of its acceptance, qualified acceptance or rejection of the Vessel, all in accordance with the Specification, Plans and the Contract, and shall not be entitled to reject the Vessel on such grounds until such time. (iii) The notice periods allowed and additional time required for such alterations and corrections shall not be permissible delays extending the delivery date of the Vessel under this Contract.

Acceptance or Rejection. (a) If, during any sea trial, any breakdown occurs entailing interruption or irregular performance which can be repaired on board, the trial shall be continued after such repairs and be valid in all respects. (b) However, if if, during or after the trial run, it becomes apparent that the VESSEL or any part of her equipment does not conform requires alterations or corrections which but for this provision would or might entitle the BUYER to the requirements of cancel this CONTRACT, the SPECIFICATIONS and the PLAN, the BUILDER shall notify the BUYER promptly in writing or by e-mail or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. . (c) Upon completion of the trial run, the BUILDER shall give the BUYER a notice by facsimile or in writing of completion of the trial run and provide the BUYER with all records of tests and trials as soon as available, as and if the BUILDER considers that the results of the trial run prove conformity of the VESSEL to correct such non-conformitythis CONTRACT and SPECIFICATIONS. The BUYER shall, within two three (23) working days after receipt of receipt aforementioned records of tests and trials from the BUILDER of notice of completion of such alterations or corrections and after such further trials or tests as necessaryBUILDER, notify the BUILDER by email or facsimile confirmed in writing of its acceptance, qualified acceptance or rejection of the VESSEL, all in accordance with the SPECIFICATIONS, the PLAN and this CONTRACT, and shall not be entitled to reject the VESSEL on such grounds until such time. (c) Save as above provided, the BUYER shall, within two (2) days after completion of the trial run, notify the BUILDER by email or facsimile confirmed in writing of its acceptance of the VESSEL or of the details in respect of which the VESSEL does not conform to the SPECIFICATIONS or this CONTRACT. If the BUILDER is in agreement with the BUYER's determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfilment of this CONTRACT, the SPECIFICATIONS and the PLAN by such tests or trials as may be necessary. The BUYER shall, within two (2) days after completion of such tests and/or trials, notify the BUILDER by email or facsimile confirmed in writing of its acceptance or rejection of the VESSEL’s conformity to this CONTRACT and the SPECIFICATIONS. Should the records of tests and trials indicate that the VESSEL does not conform to the requirements of this CONTRACT or the SPECIFICATIONS and if the BUILDER agrees with the BUYER’s notice of non-conformity, then the BUILDER shall promptly take the necessary steps to correct such non-conformity and notify the BUYER promptly in writing or by facsimile advising the BUYER of the estimated additional time required for the necessary alterations to correct material non-conformity. Upon completion of correction of such non-conformity, new trial run or runs as necessary will be made to prove conformity of the VESSEL to this CONTRACT and SPECIFICATIONS if so found necessary by the BUILDER, the CLASSIFICATION SOCIETY and the BUYER’S REPRESENTATIVE. The BUILDER shall notify the BUYER of the time and place of any new trial run no less than three (3) working days beforehand, unless otherwise mutually agreed to. All provisions of the trial run shall apply to such new trial run. (d) However, the BUYER shall not be entitled to reject the VESSEL by reason of any minor or insubstantial items judged from the point of view of standard shipbuilding and shipping practice as not being in conformity with the CONTRACTSPECIFICATIONS. The BUYER may accept the VESSEL qualifying its acceptance by reservations regarding works or parts which have not been completed or properly installed prior to such acceptance. In the event that BUYER makes such qualified acceptance the parties will reach an agreement in writing, the SPECIFICATIONS and the PLAN, and which do not effect the issuance of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodies, but that in such case, the BUILDER shall not be released from the obligation prior to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery of the VESSEL, as to how and when to remedy the items being the subject of the qualified acceptance, at the BUILDER’s cost and expense, either before or after the delivery, as quickly as possible, without delaying the date of delivery and without causing the BUYER inconvenience in the operation of the VESSEL.

Acceptance or Rejection. Subject to full, faithful and punctual performance and discharge by the Company of all of its duties, obligations and responsibilities as set forth in this Agreement and any other agreement entered into between the Subscriber and the Company relating to this subscription (a) If, during any sea trial, any breakdown occurs entailing interruption or irregular performance which can be repaired on boardcollectively, the trial "Transaction Documents"), the Subscriber shall be continued after such repairs legally bound to purchase the Units pursuant to the terms and be valid conditions set forth in all respects. this Agreement. For the avoidance of doubt, upon the occurrence of the failure by the Company to fully, faithfully and punctually perform and discharge any of its duties, obligations and responsibilities as set forth in any of the Transaction Documents, which shall have been performed or otherwise discharged prior to the Closing, the Subscriber may, on or prior to the Closing (b) Howeveras defined below), if during or after at its sole and absolute discretion, elect not to purchase the trial run, it becomes apparent Units and provide instructions to the escrow agent under the Escrow Agreement to receive the full and immediate refund of the Aggregate Purchase Price. The Subscriber understands and agrees that the VESSEL Company reserves the right to reject this subscription for Units in whole or part in any part of her equipment does not conform order at any time prior to the requirements of this CONTRACTClosing for any reason, notwithstanding the SPECIFICATIONS and the PLAN, the BUILDER shall notify the BUYER promptly by e-mail or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. to correct such non-conformity. The BUYER shall, within two (2) days of Subscriber’s prior receipt from the BUILDER of notice of completion acceptance of such alterations or corrections and after such further trials or tests as necessary, notify the BUILDER by email or facsimile confirmed in writing Subscriber’s subscription. In the event the Closing does not take place because of its acceptance, qualified acceptance or (i) the rejection of subscription for Units by the VESSELCompany; or (ii) the election not to purchase the Shares by the Subscriber; or (iii) failure to effectuate the Initial Closing on or prior to June 24, 2011 (unless extended in the discretion of the Board of Directors) (the “Initial Closing Date”) for any reason or no reason, this Agreement and any other Transaction Documents shall thereafter be terminated and have no force or effect, and the parties shall take all steps, including the execution of instructions to the escrow agent, to ensure that the Aggregate Purchase Price held in accordance with the SPECIFICATIONS, the PLAN and this CONTRACT, and Escrow Agreement shall not promptly be entitled returned or caused to reject the VESSEL on such grounds until such time. (c) Save as above provided, the BUYER shall, within two (2) days after completion of the trial run, notify the BUILDER by email or facsimile confirmed in writing of its acceptance of the VESSEL or of the details in respect of which the VESSEL does not conform be returned to the SPECIFICATIONS Subscriber without interest thereon or this CONTRACT. If the BUILDER is in agreement with the BUYER's determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfilment of this CONTRACT, the SPECIFICATIONS and the PLAN by such tests or trials as may be necessary. The BUYER shall, within two (2) days after completion of such tests and/or trials, notify the BUILDER by email or facsimile confirmed in writing of its acceptance or rejection of the VESSELdeduction therefrom. (d) However, the BUYER shall not be entitled to reject the VESSEL by reason of any minor or insubstantial items judged from the point of view of standard shipbuilding and shipping practice as not being in conformity with the CONTRACT, the SPECIFICATIONS and the PLAN, and which do not effect the issuance of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodies, but that in such case, the BUILDER shall not be released from the obligation to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery of the VESSEL.

Acceptance or Rejection. (a) If, during any sea trial, any breakdown occurs entailing interruption or irregular performance which can be repaired on board, the trial shall be continued after such repairs and be valid in all respects. (b) However, if during or after the trial run, it becomes apparent that the VESSEL or any part of her equipment does not conform to the requirements of this CONTRACT, the SPECIFICATIONS and the PLAN, the BUILDER shall notify the BUYER promptly by e-mail or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. to correct such non-conformity. The BUYER shall, within two (2) days of receipt from the BUILDER of notice of completion of such alterations or corrections and after such further trials or tests as necessary, notify the BUILDER by email or facsimile confirmed in writing of its acceptance, qualified acceptance or rejection of the VESSEL, all in accordance with the SPECIFICATIONS, the PLAN and this CONTRACT, and shall not be entitled to reject the VESSEL on such grounds until such time. (c) Save as above provided, the BUYER shall, within two (2) days after completion of the trial run, notify the BUILDER by email or facsimile confirmed in writing of its acceptance of the VESSEL or of the details in respect of which the VESSEL does not conform to the SPECIFICATIONS or this CONTRACT. If the BUILDER is in agreement with the BUYER's ’s determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfilment of this CONTRACT, the SPECIFICATIONS and the PLAN by such tests or trials as may be necessary. The BUYER shall, within two (2) days after completion of such tests and/or trials, notify the BUILDER by email or facsimile confirmed in writing of its acceptance or rejection of the VESSEL. (d) However, the BUYER shall not be entitled to reject the VESSEL by reason of any minor or insubstantial items judged from the point of view of standard shipbuilding and shipping practice as not being in conformity with the CONTRACT, the SPECIFICATIONS and the PLAN, and which do not effect the issuance of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodies, but that in such case, the BUILDER shall not be released from the obligation to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery of the VESSEL.

Acceptance or Rejection. (a) If, during any sea trial, any breakdown occurs entailing interruption or irregular performance which can be repaired on board, the trial Supernus shall be continued after such repairs and be valid responsible for final release to the market. Within thirty-five (35) days following delivery of Product samples to Supernus or its designee for final release testing, Supernus shall have the right to give Supplier notice of rejection (a “Rejection Notice”) of any shipment that, in whole or part, fails to meet Specifications or to comply with cGMP or Applicable Laws, or which otherwise breaches Supplier’s warranties set forth in Section 16.5 of this Agreement (“Defective Product”). Supernus shall at all respects. (b) times supply Supplier with any evidence it has that relates to whether any Product delivered to Supernus by Supplier is nonconforming as contemplated hereunder. Failure by Supernus to give timely notice of rejection shall mean acceptance by it of the shipment to which the notice of rejection would have otherwise applied. However, if during or after the trial run, it becomes apparent that the VESSEL Supernus’ acceptance of a shipment shall not preclude a subsequent rejection of such shipment or any part portion thereof following discovery of her equipment does not conform to the requirements of this CONTRACT, the SPECIFICATIONS and the PLAN, the BUILDER shall any Latent Defect in such shipment. Supernus must notify the BUYER promptly by eSupplier in writing within thirty-mail or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. to correct such non-conformity. The BUYER shall, within two five (235) days of the date upon which Supernus discovered or should have reasonably known of or discovered such Latent Defect but in no event later than the later of **. The term “Rejection Notice” as defined above shall include such notice concerning discovery of a Latent Defect. Upon timely receipt of a Rejection Notice from Supernus Supplier shall conduct an appropriate investigation in its discretion to determine whether or not it agrees with Supernus that Product is Defective Product and to determine the BUILDER cause of notice any nonconformity. If Supplier agrees that Product is Defective Product and determines that the cause of completion nonconformity is attributable to ** (“Supplier Defective Manufacturing”), then Section 6.5 shall apply. For avoidance of such alterations doubt, where the cause of a non-conformity cannot be determined or corrections and after such further trials or tests as necessaryassigned, notify the BUILDER by email or facsimile confirmed in writing of its acceptance, qualified acceptance or rejection of the VESSEL, all in accordance with the SPECIFICATIONS, the PLAN and this CONTRACT, and it shall not be entitled to reject the VESSEL on such grounds until such timedeemed Supplier Defective Manufacturing. (c) Save as above provided, the BUYER shall, within two (2) days after completion of the trial run, notify the BUILDER by email or facsimile confirmed in writing of its acceptance of the VESSEL or of the details in respect of which the VESSEL does not conform to the SPECIFICATIONS or this CONTRACT. If the BUILDER is in agreement with the BUYER's determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfilment of this CONTRACT, the SPECIFICATIONS and the PLAN by such tests or trials as may be necessary. The BUYER shall, within two (2) days after completion of such tests and/or trials, notify the BUILDER by email or facsimile confirmed in writing of its acceptance or rejection of the VESSEL. (d) However, the BUYER shall not be entitled to reject the VESSEL by reason of any minor or insubstantial items judged from the point of view of standard shipbuilding and shipping practice as not being in conformity with the CONTRACT, the SPECIFICATIONS and the PLAN, and which do not effect the issuance of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodies, but that in such case, the BUILDER shall not be released from the obligation to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery of the VESSEL.

Acceptance or Rejection. (a) If, during any sea trial, any breakdown occurs entailing interruption or irregular performance which can be repaired on board, The undersigned and the trial Placement Agent understand and agree that this subscription shall be continued revocable by the undersigned up until five (5) days after such repairs a Draft Form 8-K (as defined in Section 5.1 hereof) is prepared and sent to the undersigned (at the address set forth on the signature page of this Agreement) in accordance with the terms and conditions set forth in Section 4 hereof (the "Revocation Period"). Provided that the undersigned shall not have, within the Revocation Period, delivered a written notice via facsimile to Greenberg Traurig, LLP, counsel to Pubco (Attention: Spencer G. Feldxxx) xx (200) 000-6400, electing to withdraw his subsxxxxxxxx, xxx xxxxgatiox xx xxx xxxxxsigned to purchase the Units shall become irrevocable, and the undersigned shall be valid legally bound to purchase the Units subject to the terms set forth in all respectsthis Agreement. (b) However, if during The undersigned understands and agrees that Pubco and the Placement Agent reserve the right to reject this subscription for the Units in whole or after the trial run, it becomes apparent that the VESSEL or part in any part of her equipment does not conform order at any time prior to the requirements Initial Closing if, in their reasonable judgment, they deem such action in the best interest of this CONTRACTPubco, notwithstanding the SPECIFICATIONS and the PLAN, the BUILDER shall notify the BUYER promptly by e-mail or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. to correct such non-conformity. The BUYER shall, within two (2) days of undersigned's prior receipt from the BUILDER of notice of completion of such alterations or corrections and after such further trials or tests as necessary, notify the BUILDER by email or facsimile confirmed in writing of its acceptance, qualified acceptance or rejection of the VESSEL, all in accordance with the SPECIFICATIONS, the PLAN and this CONTRACT, and shall not be entitled to reject the VESSEL on such grounds until such timeundersigned's subscription. (c) Save as above provided, In the BUYER shall, within two (2) days after completion event of the trial runrevocation of this subscription by the undersigned in accordance with Section 2.1(a), notify rejection by Pubco or the BUILDER by email Placement Agent in accordance with Section 2.1(b), or facsimile confirmed in writing of its acceptance the sale of the VESSEL Units is not consummated by the Placement Agent for any reason, this Agreement and any other agreement entered into between the undersigned and the Placement Agent relating to this subscription shall thereafter have no force or of effect, and the details in respect of which the VESSEL does not conform Placement Agent shall promptly return or cause to be returned to the SPECIFICATIONS undersigned the purchase price remitted to the Escrow Agent, without interest thereon or this CONTRACT. If the BUILDER is in agreement with the BUYER's determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfilment of this CONTRACT, the SPECIFICATIONS and the PLAN by such tests or trials as may be necessary. The BUYER shall, within two (2) days after completion of such tests and/or trials, notify the BUILDER by email or facsimile confirmed in writing of its acceptance or rejection of the VESSELdeduction therefrom. (d) HoweverNotwithstanding anything to the contrary contained in this Agreement, in the event that the Private Placement is terminated, the BUYER Placement Agent shall promptly return or cause to be returned to the undersigned the purchase price remitted to the Escrow Agent, without interest thereon or deduction therefrom. For the avoidance of doubt, Pubco shall not permit the Private Placement to be entitled to reject consummated unless the VESSEL by reason of any minor Merger has been or insubstantial items judged from the point of view of standard shipbuilding and shipping practice as not is simultaneously being in conformity with the CONTRACT, the SPECIFICATIONS and the PLAN, and which do not effect the issuance of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodies, but that in such case, the BUILDER shall not be released from the obligation to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery of the VESSELconsummated.

Acceptance or Rejection. (a) If, during any sea trial, any breakdown occurs entailing interruption or irregular performance which can be repaired on board, the trial shall be continued after such repairs and be valid in all respects. (b) However, if if, during or after the trial run, it becomes apparent that the VESSEL or any part of her equipment does not conform requires alterations or corrections which but for this provision would or might entitle the BUYER to the requirements of cancel this CONTRACT, the SPECIFICATIONS and the PLAN, the BUILDER shall notify the BUYER promptly in writing or by e-mail or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. . (c) Upon completion of the trial run, the BUILDER shall give the BUYER a notice by facsimile or in writing of completion of the trial run and provide the BUYER with all records of tests and trials as soon as available, as and if the BUILDER considers that the results of the trial run prove conformity of the VESSEL to correct such non-conformitythis CONTRACT and SPECIFICATIONS. The BUYER shall, within two three (23) working days after receipt of receipt aforementioned records of tests and trials from the BUILDER of notice of completion of such alterations or corrections and after such further trials or tests as necessaryBUILDER, notify the BUILDER by email or facsimile confirmed in writing of its acceptance, qualified acceptance or rejection of the VESSEL, all in accordance with the SPECIFICATIONS, the PLAN and this CONTRACT, and shall not be entitled to reject the VESSEL on such grounds until such time. (c) Save as above provided, the BUYER shall, within two (2) days after completion of the trial run, notify the BUILDER by email or facsimile confirmed in writing of its acceptance of the VESSEL or of the details in respect of which the VESSEL does not conform to the SPECIFICATIONS or this CONTRACT. If the BUILDER is in agreement with the BUYER's determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfilment of this CONTRACT, the SPECIFICATIONS and the PLAN by such tests or trials as may be necessary. The BUYER shall, within two (2) days after completion of such tests and/or trials, notify the BUILDER by email or facsimile confirmed in writing of its acceptance or rejection of the VESSEL’s conformity to this CONTRACT and the SPECIFICATIONS. Should the records of tests and trials indicate that the VESSEL does not conform to the requirements of this CONTRACT or the SPECIFICATIONS and if the BUILDER agrees with the BUYER’s notice of non-conformity, then the BUILDER shall promptly take the necessary steps to correct such non-conformity and notify the BUYER promptly in writing or by facsimile advising the BUYER of the estimated additional time required for the necessary alterations to correct material non-conformity. Upon completion of correction of such non-conformity, new trial run or runs as necessary will be made to prove conformity of the VESSEL to this CONTRACT and SPECIFICATIONS if so found necessary by the BUILDER, the CLASSIFICATION SOCIETY and the BUYER’s REPRESENTATIVE. The BUILDER shall notify the BUYER of the time and place of any new trial run no less than three (3) working days beforehand, unless otherwise mutually agreed to. All provisions of the trial run shall apply to such new trial run. (d) However, the BUYER shall not be entitled to reject the VESSEL by reason of any minor or insubstantial items judged from the point of view of standard shipbuilding and shipping practice as not being in conformity with the CONTRACTSPECIFICATIONS. The BUYER may accept the VESSEL qualifying its acceptance by reservations regarding works or parts which have not been completed or properly installed prior to such acceptance. In the event that BUYER makes such qualified acceptance the parties will reach an agreement in writing, the SPECIFICATIONS and the PLAN, and which do not effect the issuance of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodies, but that in such case, the BUILDER shall not be released from the obligation prior to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery of the VESSEL, as to how and when to remedy the items being the subject of the qualified acceptance, at the BUILDER’s cost and expense, either before or after the delivery, as quickly as possible, without delaying the date of delivery and without causing the BUYER inconvenience in the operation of the VESSEL.

Acceptance or Rejection. (a) If, during any sea trial, any breakdown occurs entailing interruption or irregular performance which can be repaired on board, the trial shall be continued after such repairs and be valid in all respects. (b) However, if if, during or after the trial run, it becomes apparent that the VESSEL or any part of her equipment does not conform requires alterations or corrections which but for this provision would or might entitle the BUYER to the requirements of cancel this CONTRACT, the SPECIFICATIONS and the PLAN, the BUILDER shall notify the BUYER promptly in writing or by e-mail or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. . (c) Upon completion of the trial run, the BUILDER shall give the BUYER a notice by facsimile or in writing of completion of the trial run and provide the BUYER with all records of tests and trials as soon as available, as and if the BUILDER considers that the results of the trial run prove conformity of the VESSEL to correct such non-conformitythis CONTRACT and SPECIFICATIONS. The BUYER shall, within two three (23) working days after receipt of receipt aforementioned records of tests and trials from the BUILDER of notice of completion of such alterations or corrections and after such further trials or tests as necessaryBUILDER, notify the BUILDER by email or facsimile confirmed in writing of its acceptance, qualified acceptance or rejection of the VESSEL, all in accordance with the SPECIFICATIONS, the PLAN and this CONTRACT, and shall not be entitled to reject the VESSEL on such grounds until such time. (c) Save as above provided, the BUYER shall, within two (2) days after completion of the trial run, notify the BUILDER by email or facsimile confirmed in writing of its acceptance of the VESSEL or of the details in respect of which the VESSEL does not conform to the SPECIFICATIONS or this CONTRACT. If the BUILDER is in agreement with the BUYER's determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfilment of this CONTRACT, the SPECIFICATIONS and the PLAN by such tests or trials as may be necessary. The BUYER shall, within two (2) days after completion of such tests and/or trials, notify the BUILDER by email or facsimile confirmed in writing of its acceptance or rejection of the VESSEL’S conformity to this CONTRACT and the SPECIFICATIONS. Should the records of tests and trials indicate that the VESSEL does not conform to the requirements of this CONTRACT or the SPECIFICATIONS and if the BUILDER agrees with the BUYER’s notice of non-conformity, then the BUILDER shall promptly take the necessary steps to correct such non-conformity and notify the BUYER promptly in writing or by facsimile advising the BUYER of the estimated additional time required for the necessary alterations to correct material non-conformity. Upon completion of correction of such non-conformity, new trial run or runs as necessary will be made to prove conformity of the VESSEL to this CONTRACT and SPECIFICATIONS if so found necessary by the BUILDER, the CLASSIFICATION SOCIETY and the BUYER’S REPRESENTATIVE. The BUILDER shall notify the BUYER of the time and place of any new trial run no less than three (3) working days beforehand, unless otherwise mutually agreed to. All provisions of the trial run shall apply to such new trial run. (d) However, the BUYER shall not be entitled to reject the VESSEL by reason of any minor or insubstantial items judged from the point of view of standard shipbuilding and shipping practice as not being in conformity with the CONTRACTSPECIFICATIONS. The BUYER may accept the VESSEL qualifying its acceptance by reservations regarding works or parts which have not been completed or properly installed prior to such acceptance. In the event that BUYER makes such qualified acceptance the parties will reach an agreement in writing, the SPECIFICATIONS and the PLAN, and which do not effect the issuance of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodies, but that in such case, the BUILDER shall not be released from the obligation prior to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery of the VESSEL, as to how and when to remedy the items being the subject of the qualified acceptance, at the BUILDER’s cost and expense, either before or after the delivery, as quickly as possible, without delaying the date of delivery and without causing the BUYER inconvenience in the operation of the VESSEL.

Acceptance or Rejection. (a) If, during any sea trial, any breakdown occurs entailing interruption or irregular performance which can be repaired on board, the trial shall be continued after such repairs and be valid in all respects. (b) However, if if, during or after the trial run, it becomes apparent that the VESSEL or any part of her equipment does not conform requires alterations or corrections which but for this provision would or might entitle the BUYER to the requirements of cancel this CONTRACT, the SPECIFICATIONS and the PLAN, the BUILDER shall notify the BUYER promptly in writing or by e-mail or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. to correct such non-conformity. The BUYER shall, within two three (23) days of receipt from the BUILDER of notice of completion of such alterations or corrections and after such further trials or tests as necessary, notify the BUILDER in writing or by email or facsimile confirmed in writing of its acceptance, qualified acceptance or rejection of the VESSEL, all in accordance with the SPECIFICATIONS, the PLAN and this CONTRACT, and shall not be entitled to reject the VESSEL on such grounds until such time. (c) Save as above provided, the BUYER shall, within two (2) days after completion of the trial run, notify the BUILDER in writing or by email or facsimile confirmed in writing of its acceptance of the VESSEL or of the details in respect of which the VESSEL does not conform to the SPECIFICATIONS or this CONTRACT. If the BUILDER is in agreement with the BUYER's ’s determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfilment of this CONTRACT, CONTRACT and the SPECIFICATIONS and the PLAN by such tests or trials as may be necessary. The BUYER shall, within two (2) days after completion of such tests and/or trials, notify the BUILDER in writing or by email or facsimile confirmed in writing of its acceptance or rejection of the VESSEL. (d) However, the BUYER shall not be entitled to reject the VESSEL by reason of any minor or insubstantial items judged from the point of view of standard shipbuilding and shipping practice as not being in conformity with the CONTRACTSPECIFICATIONS, the SPECIFICATIONS and the PLANbut, and which do not effect the issuance of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodies, but in that in such case, the BUILDER shall not be released from the obligation to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery of the VESSELXXXXXX.

Acceptance or Rejection. (a) If, during any sea trial, any breakdown occurs entailing interruption or irregular performance which can be repaired on board, the trial shall be continued after such repairs CENTURY will review Batch disposition documentation for accuracy and be valid in all respects. (b) However, if during or after the trial run, it becomes apparent that the VESSEL or any part of her equipment does not conform to the requirements of this CONTRACT, the SPECIFICATIONS and the PLAN, the BUILDER shall notify the BUYER promptly by e-mail or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. to correct such non-conformity. The BUYER shall, within two (2) days of receipt from the BUILDER of notice of completion of such alterations or corrections and after such further trials or tests as necessary, notify the BUILDER by email or facsimile confirmed in writing of its acceptance, qualified acceptance or rejection of the VESSEL, all in accordance with the SPECIFICATIONS, the PLAN and this CONTRACTcompleteness, and shall not be entitled to reject the VESSEL on such grounds until such time. (c) Save as above provided, the BUYER shall, within two (2) days after completion of the trial run, will notify the BUILDER by email or facsimile confirmed in writing of its acceptance of the VESSEL or of the details in respect of which the VESSEL does not conform to the SPECIFICATIONS or this CONTRACT. If the BUILDER is in agreement with the BUYER's determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfilment of this CONTRACT, the SPECIFICATIONS and the PLAN by such tests or trials as may be necessary. The BUYER shall, within two (2) days after completion of such tests and/or trials, notify the BUILDER by email or facsimile confirmed FCDI in writing of its acceptance or rejection of such Batch(es) within [***] (as defined in the VESSEL. Quality Agreement) after receipt of the complete package from FCDI as further described in this Article 7.5(a). CENTURY will give, prior to the expiration of such [***] period, FCDI written notice either of (di) Howeverbatch approval as CENTURY will generate the final product Certificate of Release (CoR), the BUYER shall not be entitled to reject the VESSEL by reason which will evidence CENTURY’s approval of any minor or insubstantial items judged from the point of view of standard shipbuilding and shipping practice as not being in conformity with the CONTRACT, the SPECIFICATIONS and the PLANsuch Batch, and which Certificate of Analysis (CoA) or (ii) the reason(s) why the Batch(es)/Product(s) are non-conforming, i.e., they do not effect meet the issuance of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodiesRelease Specifications, but that in such caseall material respects, the BUILDER shall if applicable, and/or they were not be released from the manufactured under GMP, in all material respects. Century has no obligation to correct accept such Batch(es)/Product(s) if they do not meet the Release Specifications in all material respects, if applicable, and/or remedy were not manufactured in all material respects under GMP, if applicable. If CENTURY fails to timely give FCDI any such minor written notice of non-conformance as described above in this Article 7.5(a) with respect to any Batch/Product, then such Batch/Product shall be deemed to conform and be accepted by CENTURY. Notwithstanding the foregoing, until delivery (as contemplated Article 5.4) of such Batch/Product to CENTURY’s site or insubstantial items to clinical sites designated by CENTURY, FCDI shall retain full control and title to the relevant Batch/Product and shall store such Batch/Product under appropriate and controlled conditions compliant with GMP requirements and according to the agreed storage instructions as soon communicated to FCDI. Notwithstanding anything to the contrary contained herein, CENTURY maintains the ability, in its discretion, to determine whether to timely (as practicable after the delivery of the VESSELprovided above in this Article 7.5(a)) accept or reject any Batch/Product, and any disputes with regard to such rejection shall be subject to Article 7.6.

Acceptance or Rejection. Upon completion of sea trials, the BUILDER shall analyze the results of the sea trials, and if found to be in accordance with this CONTRACT and the SPECIFICATIONS, give the BUYER notice in writing or by telefax (a) If, during any of successful completion of the sea trial, any breakdown occurs entailing interruption or irregular performance which can be repaired on board, trials run accompanied by copies of the trial shall be continued after such repairs results and be valid in records of all respects. tests carried out and (b) Howeverof conformity of the VESSEL with the requirements of this CONTRACT and the SPECIFICATIONS. Within three (3) days after receipt of such notice, if during the BUYER shall notify the BUILDER in writing or after by telefax, of its acceptance or rejection of the trial runVESSEL on the basis of its conformity with the requirements of this CONTRACT and the SPECIFICATIONS. Should it develop, it becomes apparent on or before the sea trials, that the VESSEL or any part of her or equipment thereof does not conform to the requirements of this CONTRACT, CONTRACT and/or the SPECIFICATIONS and the PLANSPECIFICATIONS, the BUILDER shall notify the BUYER promptly by e-mail or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the take necessary alterations or corrections to be made. steps to correct such non-conformity. The BUYER shall, within two (2) days Upon completing of receipt from the BUILDER of notice of completion correction of such alterations or corrections and after such further trials or tests as necessary, notify the BUILDER by email or facsimile confirmed in writing of its acceptance, qualified acceptance or rejection of the VESSEL, all in accordance with the SPECIFICATIONS, the PLAN and this CONTRACT, and shall not be entitled to reject the VESSEL on such grounds until such time. (c) Save as above provided, the BUYER shall, within two (2) days after completion of the trial run, notify the BUILDER by email or facsimile confirmed in writing of its acceptance of the VESSEL or of the details in respect of which the VESSEL does not conform to the SPECIFICATIONS or this CONTRACT. If the BUILDER is in agreement with the BUYER's determinations as to non-conformity, the BUILDER shall make promptly perform such alterations further trials, or changes other test of the VESSEL, or the part or equipment thereof concerned, as may be deemed necessary to correct such non-conformity and shall prove the fulfilment VESSEL’s compliance with the requirements of this CONTRACT, the SPECIFICATIONS CONTRACT and the PLAN SPECIFICATIONS, and if found to be satisfactory, give to the BUYER notice by telefax of such tests or trials correction, and, as may be necessary. The appropriate, successful completion accompanied by copies of such results and tests, and the BUYER shall, within two three (23) days after completion receipt of such tests and/or trialsnotice, notify advise the BUILDER by email or facsimile confirmed in writing by telefax, of its acceptance or rejection of the VESSEL. (d) However. Any notice of rejection of the VESSEL shall state the reasons why the VESSEL fails to conform with the requirements of this CONTRACT and the SPECIFICATIONS. If the BUILDER agrees to the BUYER’S reasons why the VESSEL fails to conform with the requirements of this CONTRACT and the SPECIFICATIONS, the process of performing necessary corrections by the BUILDER and advising of the acceptance or rejection of the VESSEL by the BUYER as aforesaid may be repeated, subject to the provision of the Article III.1(c) hereof. If the BUILDER does not agree to the rejection by the BUYER of the VESSEL or any part or equipment thereof, the BUILDER shall so advise the BUYER promptly, in which case either the BUYER or the BUILDER may submit any dispute as to the conformity thereof with the requirements of this CONTRACT and the SPECIFICATIONS to arbitration under Article XIV hereof. The BUYER shall not be entitled to unreasonably reject the VESSEL by reason because of any minor noaconformities or insubstantial items judged from defects not affecting the point class or seaworthiness of view of standard shipbuilding and shipping practice as not being in conformity with the CONTRACT, the SPECIFICATIONS and the PLANVESSEL, and which do not effect adversely affect the issuance trading of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodiesVESSEL, but provided that in such case, non-conformities or defects will be corrected by the BUILDER shall not be released from the obligation to correct and/or remedy such minor or insubstantial items as soon as practicable after the following delivery of the VESSEL.

Acceptance or Rejection. (a) IfA holder of Notes may accept a Required Offer by causing an irrevocable written notice of such acceptance to be delivered to the Company, at the address provided by the Company pursuant to paragraph 11J, during any sea trial, any breakdown occurs entailing interruption or irregular performance which can be repaired on board, the trial shall be continued after period commencing with the date of such repairs Required Offer and be valid in all respects. (b) However, if during or after the trial run, it becomes apparent that the VESSEL or any part of her equipment does not conform to the requirements of this CONTRACT, the SPECIFICATIONS and the PLAN, the BUILDER shall notify the BUYER promptly by e-mail or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. to correct such non-conformity. The BUYER shall, within ending two (2) Business Days prior to the date of the closing of the transaction in the case of a Required Offer Event arising from a Small Asset Sale and ending ten (10) days of after the receipt from the BUILDER of notice of completion of such alterations or corrections and after Required Offer by such further trials or tests as necessary, notify the BUILDER by email or facsimile confirmed holder in writing of its acceptance, qualified acceptance or rejection of the VESSEL, all in accordance with the SPECIFICATIONS, the PLAN and this CONTRACT, and shall not be entitled to reject the VESSEL on such grounds until such time. (c) Save as above provided, the BUYER shall, within two other cases. Two (2) days after completion Business Days prior to the Delivery Date the Company shall deliver to the holder of each Note a certificate of an Authorized Officer of the trial runCompany specifying: (i) the Delivery Date; (ii) the amount of principal that is to be prepaid, notify or the BUILDER by email or facsimile confirmed in writing of its acceptance Secured Amount of the VESSEL or Letter of Credit that is to be delivered, to such holder on the Delivery Date; (iii) the interest due on such principal amount (if any) that is to be prepaid, accrued to the Delivery Date; (iv) the Credit Fees due on such principal amount (if any) that is to be prepaid, accrued to the Delivery Date; (v) any applicable Yield-Maintenance Amount due on such principal amount (if any) that is to be prepaid, calculated as of the details Delivery Date (to the extent Yield-Maintenance Amount is required by paragraph 4E(4)(iii)); (vi) that the conditions of paragraphs 4E(1) and 4E(2) have been fulfilled; and (vii) in reasonable detail, the respective types of transactions, closing dates, Gross Proceeds Amounts and Net Proceeds Amounts in respect of which the VESSEL does not conform Required Offer Event giving rise to the SPECIFICATIONS Required Offer and, if applicable, the Required Reoffer. On the Business Day next preceding the Delivery Date, the Company shall transmit by facsimile and by overnight courier to the holder of each Note to be prepaid the calculation of the Yield-Maintenance Amount, if any, to be due on such Delivery Date. In the event that the holder of a Note shall reject a Required Offer or this CONTRACTa Required Reoffer, such Note shall continue to bear interest at the rate and to be subject to the Credit Fees and Yield - Maintenance Amount to which outstanding principal in respect of the Notes for all purposes is otherwise subject. If A failure by any holder of Notes to respond to any Required Offer shall be deemed to constitute an acceptance of such Required Offer by such holder. A failure by any holder of Notes to respond to any Required Reoffer shall be deemed to constitute a rejection of such Required Reoffer by such holder. In case of the BUILDER is Required Offers and Required Reoffers deemed to have been made in agreement connection with the BUYER's determinations as to non-conformity, sale of the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfilment stock of this CONTRACT, the SPECIFICATIONS WGRS and the PLAN by Xxxxxxxx Facility (i) the Variable Annuity Life Insurance Company, American General Life Insurance Company and American General Life and Accident Insurance Company shall be deemed to have accepted such tests or trials as may Required Offers and to have rejected such Required Reoffers and (ii) First Allmerica Financial Life Insurance Company and Allmerica Financial Life Insurance and Annuity Company shall be necessary. The BUYER shall, within two (2) days after completion of deemed to have rejected such tests and/or trials, notify the BUILDER by email or facsimile confirmed in writing of its acceptance or rejection of the VESSELRequired Offers and such Required Reoffers. (d) However, the BUYER shall not be entitled to reject the VESSEL by reason of any minor or insubstantial items judged from the point of view of standard shipbuilding and shipping practice as not being in conformity with the CONTRACT, the SPECIFICATIONS and the PLAN, and which do not effect the issuance of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodies, but that in such case, the BUILDER shall not be released from the obligation to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery of the VESSEL.

Acceptance or Rejection. (a) IfThe Investor’s subscription may be accepted or rejected in whole or in part, during at any sea trialtime prior to the date of the expiration of the Offering as described in the Offering Materials (the “Termination Date”), any breakdown occurs entailing interruption or irregular performance which can be repaired on boardby the Issuer at its sole discretion. In addition, the trial Issuer, at its sole discretion, may allocate to Investor only a portion of the number of Securities Investor has subscribed for. The Issuer, directly or through a representative, will notify Investor whether this subscription is accepted (whether in whole or in part) or rejected. If this subscription is accepted by the Issuer, the Investor agrees to comply fully with the terms of this Agreement and all other applicable documents or instruments of the Issuer. If Investor’s subscription is rejected, Investor’s payment (or portion thereof if partially rejected) will be returned to Investor without interest and all of Investor’s obligations hereunder shall be continued after such repairs and be valid in all respectsterminate. (b) HoweverThe Issuer may accept subscriptions until the Termination Date. Subject to any conditions set forth in the Offering Materials, if during or after the trial run, it becomes apparent that the VESSEL Issuer may elect at any time to close all or any part portion of her equipment does not conform the Offering, on various dates at or prior to the requirements of this CONTRACTTermination Date (each a “Closing”). Your subscription may be included in any Closing, as determined by the SPECIFICATIONS and the PLAN, the BUILDER shall notify the BUYER promptly by e-mail or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. to correct such non-conformity. The BUYER shall, within two (2) days of receipt from the BUILDER of notice of completion of such alterations or corrections and after such further trials or tests as necessary, notify the BUILDER by email or facsimile confirmed in writing of its acceptance, qualified acceptance or rejection of the VESSEL, all in accordance with the SPECIFICATIONS, the PLAN and this CONTRACT, and shall not be entitled to reject the VESSEL on such grounds until such timeIssuer. (c) Save as above providedThe Investor’s funds will be held in escrow by the escrow agent identified in the Offering Materials (in such capacity, the BUYER shall, within two (2“Escrow Agent”) days after completion of until the trial run, notify conditions set forth in the BUILDER by email Offering Materials has been met or facsimile confirmed in writing of its acceptance of the VESSEL or of the details in respect of which the VESSEL does not conform to the SPECIFICATIONS or this CONTRACT. If the BUILDER is in agreement with the BUYER's determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity exceeded and shall prove the fulfilment of this CONTRACT, the SPECIFICATIONS and the PLAN by such tests or trials as may be necessary. The BUYER shall, within two (2) days after completion of such tests and/or trials, notify the BUILDER by email or facsimile confirmed in writing of its acceptance or rejection of the VESSELa subsequent Closing has occurred. (d) HoweverAs a result, not all investors will receive their Securities on the same date. In the event of rejection of this subscription in its entirety, or in the event the sale of the Securities (or any portion thereof) is not consummated for any reason, this Agreement shall have no force or effect, except for Section 16 hereof, which shall remain in force and effect. (e) If the Investor’s investment commitment is accepted, the BUYER Investor shall not be entitled to reject the VESSEL by reason of any minor or insubstantial items judged from the point of view of standard shipbuilding receive notice and shipping practice as not being in conformity with the CONTRACT, the SPECIFICATIONS and the PLAN, and which do not effect the issuance evidence of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodies, but that in such case, the BUILDER shall not be released from the obligation to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery digital entry of the VESSELnumber of the Securities owned by Investor reflected on the books and records of the Issuer or its transfer agent (if any), which books and records shall bear a notation that the Securities were sold in reliance upon Regulation D, Regulation A or Regulation Crowdfunding (as applicable).

Acceptance or Rejection. (a) If, during any sea trial, any breakdown occurs entailing interruption or irregular performance which can be repaired on board, the trial shall be continued after such repairs and be valid in all respects. (b) However, if during or after the trial run, it becomes apparent that the VESSEL or any part of her equipment does not conform to the requirements of this CONTRACT, the SPECIFICATIONS and the PLAN, the BUILDER shall notify the BUYER promptly by e-mail or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. to correct such non-conformity. The BUYER shall, within two (2) days of receipt from the BUILDER of notice of completion of such alterations or corrections and after such further trials or tests as necessary, notify the BUILDER by email or facsimile confirmed in writing of its acceptance, qualified acceptance or rejection of the VESSEL, all in accordance with the SPECIFICATIONS, the PLAN and this CONTRACT, and shall not be entitled to reject the VESSEL on such grounds until such time. (c) Save as above provided, the BUYER shall, within two (2) days after completion of the trial run, notify the BUILDER by email or facsimile confirmed in writing of its acceptance of the VESSEL or of the details in respect of which the VESSEL does not conform to the SPECIFICATIONS or this CONTRACT. If the BUILDER is in agreement with the BUYER's determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfilment of this CONTRACT, the SPECIFICATIONS and the PLAN by such tests or trials as may be necessary. The BUYER shall, within two (2) days after completion of such tests and/or trials, notify the BUILDER by email or facsimile confirmed in writing of its acceptance or rejection of the VESSELVXXXXX. (dx) However, the BUYER shall not be entitled to reject the VESSEL by reason of any minor or insubstantial items judged from the point of view of standard shipbuilding and shipping practice as not being in conformity with the CONTRACT, the SPECIFICATIONS and the PLAN, and which do not effect the issuance of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodies, but that in such case, the BUILDER shall not be released from the obligation to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery of the VESSEL.

Acceptance or Rejection. Respecting any Deliverable for Milestone #1 or Milestone #2, as set forth below, if Stryker determines that a Deliverable operates in accordance with and otherwise conforms to the applicable Acceptance Criteria pursuant to the R&D Work Plan, then Stryker will notify Conformis in writing that Stryker Accepts such Deliverable. If Stryker reasonably determines that a Deliverable does not operate in accordance with or otherwise conform to the applicable Acceptance Criteria, then Stryker will provide Conformis with a written notice of rejection within the Acceptance Notification Period describing the defect in view of the relevant Acceptance Criteria and including sufficient detail with respect to such Stryker testing and testing results as Conformis reasonably requests (“Failure Notice”). Conformis shall have [**] (or such longer period of time as may be agreed between the parties in good faith should the scope and complexity of the applicable Deliverable warrant some longer period of time) (“Redelivery Period”) following the date it receives the Failure Notice to correct and redeliver the Deliverable. If Conformis timely delivers a corrected version of the Deliverable within the Redelivery Period, then Stryker will be entitled to repeat its acceptance analysis and testing process for the purposes of determining Acceptance as set forth in the R&D Work Plan until such Deliverable operates in accordance with or otherwise conforms to the applicable Acceptance Criteria; provided, however, that if Stryker properly rejects a particular Deliverable three (3) or more times in accordance with this Article III, or if Conformis fails to deliver a version or corrected version, as the case may be, of the Deliverable within any respective [**] period, Stryker may, terminate this Agreement in accordance with Section 8.2(c) (in the event of such three (3) rejections, Stryker “Finally Rejects” the Deliverable). Such termination, together with the provisions of Section 5.2 of the License Agreement, constitutes as Stryker’s sole remedy and Conformis’ exclusive liability in the event of any such rejection or failure by Conformis to deliver materially conforming Deliverables hereunder so long as such rejection or failure does not arise from Conformis’ fraud, willful misconduct, gross negligence or bad faith. Stryker shall be deemed to have accepted a Deliverable timely furnished to it unless (a) Ifthe Deliverable fails to operate in accordance with and otherwise conform the applicable Acceptance Criteria, during any sea trial, any breakdown occurs entailing interruption or irregular performance which can be repaired on board, the trial shall be continued after such repairs and be valid in all respects. (b) However, if during or after Stryker provides Conformis a written Failure Notice within the trial run, it becomes apparent that the VESSEL or any part of her equipment does not conform to the requirements of this CONTRACT, the SPECIFICATIONS and the PLAN, the BUILDER shall notify the BUYER promptly by e-mail or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. to correct such non-conformity. The BUYER shall, within two (2) days of receipt from the BUILDER of notice of completion of such alterations or corrections and after such further trials or tests as necessary, notify the BUILDER by email or facsimile confirmed in writing of its acceptance, qualified acceptance or rejection of the VESSEL, all Acceptance Notification Period in accordance with the SPECIFICATIONSthis Section 3.4 (any acceptance or deemed acceptance, the PLAN and described in this CONTRACTSection 3.4, and “Acceptance” or “Accept”). Acceptance of a Deliverable shall not be entitled to reject the VESSEL on such grounds until such time. (c) Save as above provided, the BUYER shall, within two (2) days after completion of the trial run, notify the BUILDER by email or facsimile confirmed in writing of its acceptance of the VESSEL or of the details in respect of which the VESSEL does not conform to the SPECIFICATIONS or this CONTRACT. If the BUILDER is in agreement with the BUYER's determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfilment of this CONTRACT, the SPECIFICATIONS and the PLAN by such tests or trials as may be necessary. The BUYER shall, within two (2) days after completion of such tests and/or trials, notify the BUILDER by email or facsimile confirmed in writing of its acceptance or rejection of the VESSEL. (d) However, the BUYER shall not be entitled to reject the VESSEL by reason constitute a waiver of any minor or insubstantial items judged from the point of view of standard shipbuilding and shipping practice as not being rights Stryker may have based on Conformis’ warranties set forth in conformity with the CONTRACT, the SPECIFICATIONS and the PLAN, and which do not effect the issuance of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodies, but that in such case, the BUILDER shall not be released from the obligation to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery of the VESSELthis Agreement.

Acceptance or Rejection. (a) IfThe undersigned and the Placement Agent understand and agree that this subscription shall be revocable by the undersigned up until five (5) days after a Draft Form 8-K (as defined in Section 5.1 hereof) is prepared and sent to the undersigned (at the address set forth on the signature page of this Agreement) in accordance with the terms and conditions set forth in Section 4 hereof (the "Revocation Period"). Provided that the undersigned shall not have, during any sea trialwithin the Revocation Period, any breakdown occurs entailing interruption or irregular performance which can be repaired on boarddelivered a written notice via facsimile to the Escrow Agent (to the attention of Xxxxxxx X. Xxxxxxx) at (000) 000-0000, electing to withdraw his subscription, the trial obligation of the undersigned to purchase the Units shall become irrevocable, and the undersigned shall be continued after such repairs and be valid legally bound to purchase the Units subject to the terms set forth in all respectsthis Agreement. (b) However, if during The undersigned understands and agrees that Pubco and the Placement Agent reserve the right to reject this subscription for the Units in whole or after the trial run, it becomes apparent that the VESSEL or part in any part of her equipment does not conform order at any time prior to the requirements Initial Closing (as defined below) if, in their reasonable judgment, they deem such action in the best interest of this CONTRACTPubco, notwithstanding the SPECIFICATIONS and the PLAN, the BUILDER shall notify the BUYER promptly by e-mail or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. to correct such non-conformity. The BUYER shall, within two (2) days of undersigned's prior receipt from the BUILDER of notice of completion of such alterations or corrections and after such further trials or tests as necessary, notify the BUILDER by email or facsimile confirmed in writing of its acceptance, qualified acceptance or rejection of the VESSEL, all in accordance with the SPECIFICATIONS, the PLAN and this CONTRACT, and shall not be entitled to reject the VESSEL on such grounds until such timeundersigned's subscription. (c) Save as above provided, In the BUYER shall, within two (2) days after completion event of the trial runrevocation of this subscription by the undersigned in accordance with Section 2.1(a), notify rejection by Pubco or the BUILDER by email Placement Agent in accordance with Section 2.1(b), or facsimile confirmed in writing of its acceptance the sale of the VESSEL Units is not consummated by the Placement Agent for any reason, this Agreement and any other agreement entered into between the undersigned and the Placement Agent relating to this subscription shall thereafter have no force or of effect, and the details in respect of which the VESSEL does not conform Placement Agent shall promptly return or cause to be returned to the SPECIFICATIONS undersigned the purchase price remitted to the Escrow Agent, without interest thereon or this CONTRACT. If the BUILDER is in agreement with the BUYER's determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity and shall prove the fulfilment of this CONTRACT, the SPECIFICATIONS and the PLAN by such tests or trials as may be necessary. The BUYER shall, within two (2) days after completion of such tests and/or trials, notify the BUILDER by email or facsimile confirmed in writing of its acceptance or rejection of the VESSELdeduction therefrom. (d) HoweverNotwithstanding anything to the contrary contained in this Agreement, in the event that the Merger is not effective on or before the date that is sixty (60) days after the date of this Agreement, the BUYER Placement Agent shall not promptly return or cause to be entitled returned to reject the VESSEL by reason of any minor undersigned the purchase price remitted to the Escrow Agent, without interest thereon or insubstantial items judged from the point of view of standard shipbuilding and shipping practice as not being in conformity with the CONTRACT, the SPECIFICATIONS and the PLAN, and which do not effect the issuance of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodies, but that in such case, the BUILDER shall not be released from the obligation to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery of the VESSELdeduction therefrom.

Acceptance or Rejection. (a) IfThe Investor’s subscription may be accepted or rejected in whole or in part, during at any sea trialtime prior to the date of the expiration of the Offering as described in the Offering Materials (the “Termination Date”), any breakdown occurs entailing interruption or irregular performance which can be repaired on boardby the Issuer at its sole discretion. In addition, the trial Issuer, at its sole discretion, may allocate to Investor only a portion of the number of Securities Investor has subscribed for. The Issuer, directly or through a representative, will notify Investor whether this subscription is accepted (whether in whole or in part) or rejected. If this subscription is accepted by the Issuer, the Investor agrees to comply fully with the terms of this Agreement and all other applicable documents or instruments of the Issuer. If Investor’s subscription is rejected, Investor’s payment (or portion thereof if partially rejected) will be returned to Investor without interest and all of Investor’s obligations hereunder shall be continued after such repairs and be valid in all respectsterminate. (b) HoweverThe Issuer may accept subscriptions until the Termination Date. Subject to any conditions set forth in the Offering Materials, if during or after the trial run, it becomes apparent that the VESSEL Issuer may elect at any time to close all or any part portion of her equipment does not conform the Offering, on various dates at or prior to the requirements of this CONTRACTTermination Date (each a “Closing”). Your subscription may be included in any Closing, as determined by the SPECIFICATIONS and the PLAN, the BUILDER shall notify the BUYER promptly by e-mail or facsimile to such effect and shall simultaneously advise the BUYER of the estimated additional time required for the necessary alterations or corrections to be made. to correct such non-conformity. The BUYER shall, within two (2) days of receipt from the BUILDER of notice of completion of such alterations or corrections and after such further trials or tests as necessary, notify the BUILDER by email or facsimile confirmed in writing of its acceptance, qualified acceptance or rejection of the VESSEL, all in accordance with the SPECIFICATIONS, the PLAN and this CONTRACT, and shall not be entitled to reject the VESSEL on such grounds until such timeIssuer. (c) Save as above providedThe Investor’s funds will be held in escrow by the escrow agent identified in the Offering Materials(in such capacity, the BUYER shall, within two (2“Escrow Agent”) days after completion of until the trial run, notify conditions set forth in the BUILDER by email Offering Materials has been met or facsimile confirmed in writing of its acceptance of the VESSEL or of the details in respect of which the VESSEL does not conform to the SPECIFICATIONS or this CONTRACT. If the BUILDER is in agreement with the BUYER's determinations as to non-conformity, the BUILDER shall make such alterations or changes as may be necessary to correct such non-conformity exceeded and shall prove the fulfilment of this CONTRACT, the SPECIFICATIONS and the PLAN by such tests or trials as may be necessary. The BUYER shall, within two (2) days after completion of such tests and/or trials, notify the BUILDER by email or facsimile confirmed in writing of its acceptance or rejection of the VESSELa subsequent Closing has occurred. (d) HoweverAs a result, not all investors will receive their Securities on the same date. In the event of rejection of this subscription in its entirety, or in the event the sale of the Securities (or any portion thereof) is not consummated for any reason, this Agreement shall have no force or effect, except for Section 16 hereof, which shall remain in force and effect. (e) If the Investor’s investment commitment is accepted, the BUYER Investor shall not be entitled to reject the VESSEL by reason of any minor or insubstantial items judged from the point of view of standard shipbuilding receive notice and shipping practice as not being in conformity with the CONTRACT, the SPECIFICATIONS and the PLAN, and which do not effect the issuance evidence of the required certificates from the CLASSIFICATION SOCIETY and regulatory bodies, but that in such case, the BUILDER shall not be released from the obligation to correct and/or remedy such minor or insubstantial items as soon as practicable after the delivery digital entry of the VESSELnumber of the Securities owned by Investor reflected on the books and records of the Issuer or its transfer agent (if any), which books and records shall bear a notation that the Securities were sold in reliance upon Regulation D, Regulation A or Regulation Crowdfunding (as applicable).