Common use of AGREEMENT TO BUILD, SELL AND PURCHASE Clause in Contracts

AGREEMENT TO BUILD, SELL AND PURCHASE. 1.1 On and subject to the provisions of this Contract, the Plans and the Specification: (i) the Builder shall: (a) design, engineer, build, launch, equip and outfit the passenger cruise ship more particularly described in this Contract, the Plans and the Specification (the “Ship”) at the Shipyard, and (b) provide all components, equipment, gear, fittings, machinery, materials, parts, plant, outfit, spares and supplies which are necessary to achieve the objects and purposes described in Clause 1.1(i) (a) (the “Parts”) other than the specified supplies to be provided by the Buyer (the “Buyer’s Supplies”), (c) supply all operating and maintenance manuals, drawings, lists, maker’s instructions, plans, records, training materials and other construction documents; (d) provide or procure the provision of all specified training of the Buyer, its employees and other representatives; and (e) complete, finish, sell and deliver the Ship to the Buyer at Bremerhaven, but if this is not reasonably possible the Ship may be delivered at Eemshaven or if this is not reasonably possible at any other North European sea port (the “Delivery Port”) selected by the Builder and approved by the Buyer (such approval not to be unreasonably withheld or delayed), after successful performance and completion of the tests relating to the Ship; and (ii) the Buyer shall purchase and accept delivery of the duly completed Ship at the Delivery Port. 1.2 The Builder, as a first class shipbuilder with a reputation for excellence and with knowledge of the Buyer’s performance and quality requirements and standards shall ensure that all building work shall be carried out in a good and workmanlike manner and in accordance with the highest shipbuilding and marine engineering practices and standards for new passenger cruise ships, and so that (unless specified to the contrary in the Specification) the design, quality, workmanship, Parts, function and performance of systems, and the aesthetic design of the passenger cabins and public areas and other specified areas of the Ship, shall not be lower than the highest of the corresponding standards on the reference ship, as built by the relevant builder and as accepted by the relevant buyer.

AGREEMENT TO BUILD, SELL AND PURCHASE. 1.1 On and subject to the provisions of this Contract, the Plans and the Specification: (i) the Builder shall: (a) design, engineer, build, launch, equip and outfit the passenger cruise ship more particularly described in this Contract, the Plans and the Specification (the “Ship”) at the Shipyard, and (b) provide all components, equipment, gear, fittings, machinery, materials, parts, plant, outfit, spares and supplies which are necessary to achieve the objects and purposes described in Clause 1.1(i) (a) (the “"Parts”") other than the specified supplies to be provided by the Buyer (the “"Buyer’s 's Supplies”"), (c) supply all operating and maintenance manuals, drawings, lists, maker’s instructions, plans, records, training materials and other construction documents; (d) provide or procure the provision of all specified training of the Buyer, its employees and other representatives; and (e) complete, finish, sell and deliver the Ship to the Buyer at Bremerhaven, but if this is not reasonably possible the Ship may be delivered at Eemshaven or if this is not reasonably possible at any other North European sea port or alternatively at sea close to a North European sea port (the “"Delivery Port”") selected by the Builder and approved by the Buyer (such approval not to be unreasonably withheld or delayed), after successful performance and completion of the tests relating to the Ship; and (ii) the Buyer shall purchase and accept delivery of the duly completed Ship at the Delivery Port. 1.2 The Builder, as a first class shipbuilder with a reputation for excellence and with knowledge of the Buyer’s 's performance and quality requirements and standards shall ensure that all building work shall be carried out in a good and workmanlike manner and in accordance with the highest shipbuilding and marine engineering practices and standards for new passenger cruise ships, and so that (unless specified to the contrary in the Specification) the design, quality, workmanship, Parts, function and performance of systems, and the aesthetic design of the passenger cabins and public areas and other specified areas of the Ship, shall not be lower than the highest of the corresponding standards on the reference ship, as built by the relevant builder and as accepted by the relevant buyer.

AGREEMENT TO BUILD, SELL AND PURCHASE. 1.1 On and subject to the express provisions of this Contract, the Plans and the Specification:Specification:- (i) the Builder shall: (a) design, engineer, build, launch, equip and outfit the passenger cruise ship more particularly described in this Contract, the Plans and the Specification (the “Ship”) at the Shipyard, and (b) provide all components, equipment, gear, fittings, machinery, materials, parts, plant, outfit, spares and supplies which are necessary to achieve the objects and purposes described in Clause 1.1(i) (a) (the “Parts”) other than the specified supplies to be provided by the Buyer (the “Buyer’s Supplies”), (c) supply all operating and maintenance manuals, drawingstraining materials, spares lists, maker’s instructions, plans, recordsdrawings, training materials records and other construction documents;documents specified in the Specification (together, the “Manuals”), (d) provide or procure the provision of all specified training of the Buyer’s employees specified in the Specification, its employees and other representatives; and (e) test, complete, finish, sell and deliver the Ship to the Buyer at Bremerhaven, but if this is not reasonably possible the Ship may be delivered at Eemshaven or if this is not reasonably possible at any other North European sea port (the “Delivery Port”) selected by the Builder and approved by the Buyer (such approval not to be unreasonably withheld or delayed), after successful performance and completion of the tests relating to the Ship; andShipyard. (ii) the Buyer shall purchase and accept delivery of the duly completed Ship at the Delivery PortShipyard. 1.2 (iii) The Builder, as a first class shipbuilder with a reputation for excellence and with knowledge of the Buyer’s performance and quality requirements and standards as expressed in the Plans and the Specification, shall ensure that all building work Work shall be carried out in a good and workmanlike manner and in accordance with the highest shipbuilding and marine engineering practices and standards for new passenger cruise ships, and so that (unless specified to the contrary in the Specification) the designcomplexity, quality, quality of workmanship, quality of Parts, function and performance of systems, and the aesthetic design of the passenger cabins and cabins, public areas and other specified areas interior spaces of the Ship, Ship specified in the Specification shall not be lower than the highest corresponding complexity, quality and design standards of the corresponding standards on reference ships referred to in the reference ship, as built by the relevant builder and as accepted by the relevant buyerSpecification.

AGREEMENT TO BUILD, SELL AND PURCHASE. 1.1 On and subject to the provisions of this Contract, the Plans and the Specification:Specification:- (i) the Builder shall: (a) design, engineer, build, launch, equip and outfit the passenger cruise ship more particularly described in this Contract, the Plans and the Specification (the “Ship”) Ship at the Shipyard, and (b) provide all components, equipment, gear, fittings, machinery, materials, parts, plant, outfit, spares and supplies which are necessary to achieve the objects and purposes described in Clause 1.1(i) (a) (the “Parts”"PARTS") other than the specified supplies to be provided by the Buyer (the “Buyer’s Supplies”"BUYER'S SUPPLIES"),, and (c) supply all operating and maintenance manuals, drawings, lists, maker’s instructions, plans, records, training materials and other construction documents; (d) provide or procure the provision of all specified training of the Buyer, its employees and other representatives; and (e) complete, finish, sell and deliver the Ship to the Buyer at Bremerhaven, but if this is not reasonably possible the Ship may be delivered at Eemshaven or if this is not reasonably possible at any other a North European sea port (the “Delivery Port”"DELIVERY PORT") selected by the Builder and approved by the Buyer (such approval not to be unreasonably withheld or delayed), ) after successful performance and completion of the tests relating to the Ship; and (ii) the Buyer shall purchase and accept delivery of the duly completed Ship at the Delivery Port. 1.2 The Builder, as a first class shipbuilder with a reputation for excellence and with knowledge of the Buyer’s 's performance and quality requirements and standards shall ensure that all building work shall be carried out in a good and workmanlike manner and in accordance with the highest shipbuilding and marine engineering practices and standards for new passenger cruise ships, and so that (unless specified to the contrary in the Specification) the design, quality, quality of workmanship, quality of Parts, function and performance of systems, and the aesthetic design of the passenger cabins and public areas and other specified areas of the Ship, FIRST ORIGINAL shall not be lower than the highest of the corresponding quality standards on the reference ship, as built by the relevant builder Builder and as accepted by the relevant buyerbuyer of the reference ship.