Common use of Change in Rules and Regulations Clause in Contracts

Change in Rules and Regulations. If, after the Date of Contract, there are any changes in the rules, regulations and requirements (including official changed application of the rules) of Class or Regulatory Bodies, the following shall apply: (a) The Builder shall as soon as possible notify the Buyer thereof, and the Builder shall be obliged — except as otherwise agreed — to carry out the required changes in accordance with the provisions set out below, provided always that any changes in such rules, regulations or requirements which are published on or before the Date of Contract, and which apply mandatory to the Vessel on or before the Contract Delivery Date shall not give to the Builder a right to claim any adjustments of the price, delivery date or other contract terms. (b) If such change is or will be compulsory for the Vessel, the Builder shall incorporate such alteration or change into the construction of the Vessel, unless otherwise instructed by the Buyer. The parties shall endeavour to agree on such adjustments to the Contract as set out in clause 1 above, failing which, the changes to the Contract shall be decided by arbitration in accordance with Article XIX. (c) If such change is not or will not be compulsory for the Vessel, but the Buyer nevertheless desires to incorporate such change, this shall be considered a change or modification, as provided for in clause 1 of this Article VI.

Appears in 2 contracts

Samples: Shipbuilding Contract (Petroleum Geo Services Asa), Shipbuilding Contract (Petroleum Geo Services Asa)

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Change in Rules and Regulations. If, after the Date of Contract, there are any changes in the rules, regulations and requirements (including official changed application of the rulesor their application) of Class or Regulatory Bodies, the following shall apply: (a) The Builder Upon receipt of notice of such changes either party shall as soon as possible promptly notify the Buyer other party thereof, and the Builder shall be obliged — except as otherwise agreed — to carry out the required changes in accordance with the provisions set out below, provided always that any changes in such rules, regulations or requirements which are published on or before the Date of Contract, and which apply mandatory to the Vessel on or before the Contract Delivery Date shall not give to the Builder a right to claim any adjustments of the price, delivery date or other contract terms. (b) If such change is or will be compulsory for the VesselVessel at the Contract Delivery Date, the Builder shall shall, unless the Buyer at its sole discretion seeks and obtains a waiver from the Classification Society or Regulatory Authorities (as appropriate), incorporate such alteration or and/or change into the construction of the Vessel, unless otherwise instructed by the Buyer. The parties shall endeavour to agree on such adjustments to the Contract Price, Contract Delivery Date, changes in the Vessel’s characteristics or other changes in the Contract as set out in clause 1 above, failing which. If the parties fail to agree on the changes, the Builder shall proceed with the required changes to and the Contract matter shall be decided by arbitration in accordance with Article XIX.; (c) If such change is not or will not be compulsory for the Vessel, but the Buyer nevertheless desires to incorporate such change, this shall be considered a change or modification, as provided for in clause 1 of this Article VI.

Appears in 2 contracts

Samples: Shipbuilding Contract (Lindblad Expeditions Holdings, Inc.), Shipbuilding Contract (Lindblad Expeditions Holdings, Inc.)

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Change in Rules and Regulations. If, after the Date of Contract, there are any changes in the rules, regulations and requirements (including official changed application of the rules) of Class or Regulatory BodiesNMD, the following shall apply: (a) The Builder shall as soon as possible notify the Buyer thereof, and the Builder shall be obliged - except as otherwise agreed - to carry out the required changes in accordance with the provisions set out below, provided always that any changes in such rules, regulations or requirements which are approved and published on or before the Date of ContractContract is declared effective, and which apply mandatory to the Vessel on or before the Contract Delivery Date shall not give to the Builder a right to claim any adjustments of the price, delivery date or other contract terms. (b) If such change is or will be compulsory for the Vessel, the Builder shall incorporate such alteration or change into the construction of the Vessel, unless otherwise instructed by the Buyer. The parties shall endeavour to agree on such adjustments to the Contract as set out in clause 1 above, failing which, the changes to the Contract shall be decided by arbitration in accordance with Article XIX. (c) If such change is not or will not be compulsory for the Vessel, but the Buyer nevertheless desires to incorporate such change, this shall be considered a change or modification, as provided for in clause 1 of this Article VI.

Appears in 1 contract

Samples: Shipbuilding Contract (Trico Marine Services Inc)

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