Common use of Appointment of BUYER’s Supervisor Clause in Contracts

Appointment of BUYER’s Supervisor. The BUYER may send to and maintain at the Shipyard, at the BUYER’s own cost and expense, one supervisor who shall be duly authorized in writing by the BUYER (herein called the “Supervisor”) to act on behalf of the BUYER in connection with the modifications of the SPECIFICATIONS, adjustments of the Contract Price and Delivery Date, approval of the plans and drawings, attendance to the tests and inspections relating to the VESSEL, its machinery, equipment and outfittings, and any other matters for which he is specifically authorized by the BUYER. The Supervisor may appoint his assistant(s) to attend at the Shipyard for the purposes as aforesaid. In the event that assignment, novation or resale occurs under the Article XIII and as a result, BUYER’s Supervisor is changed during the construction of the VESSEL, any and all matters determined by mutual agreement between the BUYER’s Supervisor and the BUILDER prior to the dispatch of a new Supervisor shall be accepted and complied by the new Supervisor. In case two or more Supervisors are dispatched to the Shipyard and authorized, under the BUILDER’s prior consent, to perform the supervision, each of them will form uniform opinions between them to keep the design and the SPECIFICATIONS so as not to adversely affect the CONTRACT PRICE and Delivery of the VESSEL, provided that such change in the Contract Price will be reasonable and proven under the BUILDER’s normal practice. In the event of any additional costs attributable to such dispatch of two or more supervisors due to the reasons including but not limited to resale, novation, charter or any other occurrence otherwise resulting from the BUYER, such costs shall be borne by the BUYER and the BUYER shall reimburse and hold harmless the BUILDER from any such costs and expenses.

Appears in 7 contracts

Samples: www.dieselduck.info, Construction and Sale (Danaos Corp), Construction and Sale (Danaos Corp)

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Appointment of BUYER’s Supervisor. The BUYER may send to and maintain at the Shipyard, at the BUYER’s 'S own cost and expense, one supervisor (herein called the "Supervisor") who shall be duly authorized in writing by the BUYER (herein called BUYER, which authorization shall be described in a separate letter to be sent to the BUILDER prior to the Supervisor”) 's arrival, to act on behalf of the BUYER in connection with the modifications of the SPECIFICATIONSSpecifications, adjustments of the Contract Price and Delivery DateDate in writing, approval of the plans and drawings, attendance to the tests and inspections relating to the VESSELDRILLSHIP, its machinery, equipment and outfittings, and any other matters for which he is specifically authorized by the BUYER. The Supervisor may appoint his assistant(s) to attend at the Shipyard for the purposes as aforesaid. In the event that assignment, novation or resale occurs under the Article XIII and as a result, BUYER’s 'S Supervisor is changed during the construction of the VESSELDRILLSHIP, any and all matters determined by mutual agreement between the BUYER’s 'S Supervisor and the BUILDER prior to the dispatch of a new Supervisor shall be accepted and complied by the new Supervisor. In case two or more Supervisors are dispatched to the Shipyard and authorized, under the BUILDER’s prior consent, authorized to perform the supervision, each of them will form uniform opinions between them to keep the design and the SPECIFICATIONS specifications so as not to adversely affect the CONTRACT PRICE Contract Price and Delivery of the VESSEL, provided that such change in the Contract Price will be reasonable and proven under the BUILDER’s normal practiceDRILLSHIP. In the event of any additional costs attributable to such dispatch of two or more supervisors Supervisors due to the reasons including but not limited to resale, novation, charter or any other occurrence otherwise resulting from the BUYERBUYER side, such costs shall be solely borne by the BUYER and the BUYER shall reimburse and hold harmless the BUILDER from any such costs and expenses.

Appears in 3 contracts

Samples: Construction and Sale (DryShips Inc.), Construction and Sale (DryShips Inc.), Contract (DryShips Inc.)

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Appointment of BUYER’s Supervisor. The BUYER may send to and maintain at the Shipyard, at the BUYER’s own cost and expense, one supervisor (herein called the “Supervisor”) who shall be duly authorized in writing by the BUYER (herein called BUYER, which authorization shall be described in a separate letter to be sent to the BUILDER prior to the Supervisor”) ’s arrival, to act on behalf of the BUYER in connection with the modifications of the SPECIFICATIONSSpecifications, adjustments of the Contract Price and Delivery DateDate in writing, approval of the plans and drawings, attendance to the tests and inspections relating to the VESSELDRILLSHIP, its machinery, equipment and outfittings, and any other matters for which he is specifically authorized by the BUYER. The Supervisor may appoint his assistant(s) to attend at the Shipyard for the purposes as aforesaid. In the event that assignment, novation or resale occurs under the Article XIII and as a result, BUYER’s Supervisor is changed during the construction of the VESSELDRILLSHIP, any and all matters determined by mutual agreement between the BUYER’s Supervisor and the BUILDER prior to the dispatch of a new Supervisor shall be accepted and complied by the new Supervisor. In case two or more Supervisors are dispatched to the Shipyard and authorized, under the BUILDER’s prior consent, authorized to perform the supervision, each of them will form uniform opinions between them to keep the design and the SPECIFICATIONS specifications so as not to adversely affect the CONTRACT PRICE Contract Price and Delivery of the VESSEL, provided that such change in the Contract Price will be reasonable and proven under the BUILDER’s normal practiceDRILLSHIP. In the event of any additional costs attributable to such dispatch of two or more supervisors Supervisors due to the reasons including but not limited to resale, novation, charter or any other occurrence otherwise resulting from the BUYERBUYER side, such costs shall be solely borne by the BUYER and the BUYER shall reimburse and hold harmless the BUILDER from any such costs and expenses.

Appears in 2 contracts

Samples: Construction and Sale (DryShips Inc.), Construction and Sale (DryShips Inc.)

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