DELIVERY OF THE VESSEL. DELIVERY 14.1. The Vessel shall be delivered by the Builder to the Purchaser at the Shipyard (or other place as may be agreed with unrestricted access to the open sea) on 9th March 2000 except that, in the event of Permissible Delay as defined in Clause 15.2 hereof, the aforementioned date shall be postponed accordingly. The aforementioned date, or such later date to which requirement to deliver may be postponed, is herein called the "Contractual Delivery Date." 14.2. Delivery shall take place on a Working/Banking Day to be nominated by the Builder following Technical Acceptance of the Vessel by the Purchaser and with not less than thirty (30) Working Days' advance notice to the Purchaser. Delivery shall be effected by the execution by the Parties of a Protocol of Delivery and Acceptance in the form set out in Appendix III, acknowledging delivery by the Builder and acceptance thereof by the Purchaser. The Builder shall give the Purchaser at least ninety (90) days' (plus or minus seven (7) days) calendar notice of the estimated date of Delivery. The Builder guarantees that at the time of Delivery title to the Vessel and every part thereof shall pass to the Purchaser free and clear of any and all liens, claims, mortgages or other encumbrances upon it and in particular, but without limitation, that she shall be free of all burdens in the nature of imposts, taxes or charges imposed by any liabilities arising from the construction of the Vessel or from its operation on Trials or otherwise. DOCUMENTS TO BE PROVIDED TO THE PURCHASER 14.3. The Builder shall provide to tile Purchaser the following documents prior to Delivery failing which the Purchaser may refuse to accept Delivery a. Records of inventory of the Vessel's equipment including spare gear and the like as detailed in the Specifications; b. Records of any and all fuels, lubricants, consumable stores and fresh water supplied pursuant to this Contract by either the Builder or the Purchaser together with such quantities of the same as remain on board at Delivery; c. All certificates (including Class and other regulatory certificates) required to be furnished prior to or upon Delivery of the Vessel pursuant to the Specifications; such certificates are to be clean and free of all qualifications, reservations and recommendations whatsoever. d. Declaration of Warranty of the Builder in accordance with Clause 14.3 above; e. The following technical documentation:- e.1. Four
Appears in 1 contract
DELIVERY OF THE VESSEL. DELIVERY14.1 Time is of the essence in the performance of this Agreement.
14.1. The 14.2 BUILDER and OWNER acknowledge and agree that the scope of the Work, as described in the Agreement, including, without limitation, the Specifications, is well defined, and BUILDER covenants to use its best efforts to complete and deliver the Vessel by the Delivery Date specified in Article 14.3, as the same may be adjusted in accordance with the terms and conditions of this Agreement.
14.3 Subsequent to the completion by BUILDER and the acceptance by OWNER of all Tests and Trials required to be performed or conducted by BUILDER on the Vessel, including all component parts, equipment and systems incorporated therein, and subject to the documentation required pursuant to Article 14.6, the Vessel shall be delivered by the Builder BUILDER to the Purchaser OWNER, safely afloat and secured dockside at the Shipyard or such other mutually agreed location, ready for ocean tow as approved by the OWNER underwriter's surveyors, on or before twenty-two (or other place as may be agreed with unrestricted access to 22) months from the open sea) on 9th March 2000 except that, in Effective Date. In the event of Permissible Delay delays in the construction of the Vessel or any performance required under this Agreement due to (i) permissible delays as defined in Clause 15.2 hereofdescribed herein, (ii) Force Majeure events, or (iii) changes or modifications to the Work or Specifications (as evidenced by Variation Orders) requiring additional time for the completion and delivery of the Vessel, the aforementioned date for delivery of the Vessel shall be postponed accordingly. The aforementioned above-described date, and any adjustment or such later date extension thereof, being referred to which requirement to deliver may be postponed, is herein called in this Agreement as the "Contractual Delivery Date."
14.2. Delivery Permissible delays shall take place on a Working/Banking Day to be nominated include without limitation delays caused by the Builder following Technical Acceptance Classification Society or flag inspectors and by acts or omissions of OWNER or its Representatives or contractors other than BUILDER and its subcontractors or by OWNER's failure to perform its obligations under this Agreement as and when due. BUILDER shall document the change in the Delivery Date which delay in the Delivery Date shall be confirmed by a Variation Order upon request by BUILDER.
14.4 Subject to the BUILDER and the OWNER having fulfilled their respective obligations stipulated under this Agreement, delivery of the Vessel by the Purchaser and with not less than thirty (30) Working Days' advance notice to the Purchaser. Delivery shall be effected forthwith by the concurrent execution by each of the Parties parties hereto of a the Protocol of Delivery and Acceptance in Acceptance.
14.5 Notwithstanding any provision of this Agreement to the form set out in Appendix IIIcontrary, acknowledging it is agreed and understood that the Vessel shall be delivered to OWNER when completed and accepted by OWNER, regardless of the existence of any pending disagreement, dispute or arbitration proceeding, provided that:
(a) OWNER shall pay to BUILDER all undisputed sums due prior to or upon delivery of the Vessel; and
(b) OWNER shall have deposited any disputed portion of the Contract Price or other sums of money due BUILDER into a joint interest bearing account, where such disputed money shall remain until settlement of the dispute or a final award by the Builder courts.
14.6 Upon delivery and acceptance thereof of the Vessel, the BUILDER shall deliver to the OWNER all documentation, certificates and papers required for the operation and registration of the Vessel under the flag of the Marshall Islands, including, but not limited to, the following documents:
(a) Legal Bill of Sale, notarially acknowledged;
(b) All cexxxxicates, including any certificate issued by the PurchaserBUILDER, including but not limited to a Builder's Certificate, and any interim class certificate issued by the Classification Society. The Builder All such class certificates shall give be issued without conditions or exceptions affecting the Purchaser at least ninety (90) days' (plus seaworthiness or minus seven (7) days) calendar notice operability of the estimated date of Delivery. The Builder guarantees that at the time of Delivery title to the Vessel and every part thereof any conditions or exceptions shall pass be corrected by BUILDER within a reasonable time following delivery of the Vessel;
(c) A Declaration of Warranty by the BUILDER that the Vessel is delivered to the Purchaser OWNER free and clear of any and all liens, charges, rights in rem, claims, mortgages or other encumbrances upon it the OWNER's title thereto, and in particular, but without limitation, that she shall be the Vessel is free of all liabilities and burdens in the nature of impostsany nature, taxes including but not limited to those which may be related to taxes, duties or other charges imposed by any the governmental authorities of the Republic of Singapore, as well as all liabilities of the BUILDER's Personnel, and all liabilities arising from the construction operation of the Vessel during any Tests and Trials, or from its operation on Trials or otherwise. DOCUMENTS TO BE PROVIDED TO THE PURCHASER
14.3. The Builder shall provide to tile Purchaser the following documents otherwise prior to Delivery failing its delivery to OWNER;
(d) Within three weeks from delivery, all drawings and plans pertaining to the Vessel as stipulated in the Specifications available upon delivery of the Vessel;
(e) A Protocol of Tests and Trials of the Vessel made pursuant to the Specifications;
(f) A Protocol of Inventory of the equipment of the Vessel, including spare parts and the like, all as described in the Specifications, and
(g) A Protocol of Consumable Stores listing the amount of fuels, lubricants, grease and other consumables which were not consumed after having been placed onboard the Purchaser may refuse to accept Delivery
a. Records Vessel by BUILDER during any Tests and Trials. Provided, however, if, through no fault on the part of inventory the BUILDER, any certificates or other documents as contemplated by this Article 14.6 are not available at the time of the Vessel's equipment including spare gear delivery to OWNER, provisional certificates or documentation shall be accepted by the OWNER, provided that the BUILDER shall furnish the OWNER with formal or permanent certificates as promptly as possible after such are available and that provisional certificates are issued without conditions or exceptions affecting the like as detailed in the Specifications;
b. Records of any and all fuels, lubricants, consumable stores and fresh water supplied pursuant to this Contract by either the Builder seaworthiness or the Purchaser together with such quantities of the same as remain on board at Delivery;
c. All certificates (including Class and other regulatory certificates) required to be furnished prior to or upon Delivery operability of the Vessel pursuant and which conditions or exceptions shall be corrected by BUILDER within a reasonable time following delivery of the Vessel.
14.7 The OWNER shall take possession of the Vessel immediately upon delivery and acceptance thereof and, unless otherwise agreed, shall remove the Vessel from the premises of the Shipyard within fifteen (15) days after delivery and acceptance thereof is effected. Thereafter, if the OWNER has not removed the Vessel from the premises of the Shipyard within the aforesaid fifteen (15) days, and provided BUILDER has expressed a verifiable need for the Shipyard space, then, in such event, commencing on the sixteenth (16th) day, the OWNER shall pay to the Specifications; such certificates are to be clean and free of all qualifications, reservations and recommendations whatsoeverBUILDER any reasonable mooring charges associated therewith at the rates set forth in Annex "C".
d. Declaration of Warranty of the Builder in accordance with Clause 14.3 above;
e. The following technical documentation:-
e.1. Four
Appears in 1 contract
Samples: Vessel Construction Agreement (Atwood Oceanics Inc)
DELIVERY OF THE VESSEL. DELIVERY
14.1. The Vessel shall be delivered by the Builder to the Purchaser at the Shipyard (or other place as may be agreed with unrestricted access to the open sea) on 9th March 2000 December, 1999 except that, in the event of Permissible Delay as defined in Clause 15.2 15.4 hereof, the aforementioned date shall be postponed accordingly. The aforementioned date, or such later date to which requirement to deliver may be postponed, is herein called the "Contractual Delivery Date"."
14.2. Delivery shall take place on a Working/Banking Day to be nominated by the Builder following Technical Acceptance of the Vessel by the Purchaser and with not less than thirty five (305) Working Days' advance notice to the Purchaser. Delivery shall be effected by the execution by the Parties of a Protocol of Delivery and Acceptance in the form set out in Appendix IIIII, acknowledging delivery by the Builder and acceptance thereof by the Purchaser. The Builder shall give the Purchaser at least ninety sixty (9060 ) days' (plus or minus seven (7) days) calendar notice of the estimated date of Delivery.
14.3. The Builder guarantees that at the time of Delivery title to the Vessel (to the extent not already transferred to Purchaser) and every part thereof shall pass to the Purchaser free and clear of any and all liens, except liens created by Purchaser, claims, mortgages or other encumbrances upon it and in particular, but without limitation, that she shall be free of all burdens in the nature of imposts, taxes or charges imposed by any liabilities arising from the construction of the Vessel or from its operation on Trials or otherwise. DOCUMENTS TO BE PROVIDED TO THE PURCHASER
14.314.4. The Builder shall provide to tile the Purchaser the following documents prior to Delivery failing which the Purchaser may refuse to accept DeliveryDelivery;-
a. Records of inventory of the Vessel's equipment including spare gear and the like as detailed in the Specifications;
b. Records of any and all fuels, lubricants, consumable stores and fresh water supplied pursuant to this Contract by either the Builder or the Purchaser together with such quantities of the same as remain on board at Delivery;
c. All certificates (including Class and other regulatory certificates) required to be furnished prior to or upon Delivery of the Vessel pursuant to the Specifications; such certificates save as noted in clause 2.5 are to be clean and free of all qualifications, reservations and recommendations whatsoever.
d. Declaration of Warranty of the Builder in accordance with Clause 14.3 above;
e. The following technical documentation:-
e.1. Four
Appears in 1 contract
DELIVERY OF THE VESSEL. DELIVERYDelivery
14.1. 13.1 The Vessel shall be delivered by the Builder to the Purchaser at safely afloat secured in safe waters in or around Singapore or another mutually agreed location ready for ocean tow or load-out for dry tow as approved by the Shipyard (Purchaser’s underwriters' surveyors, on a date falling on or other place as may be agreed with unrestricted access to the open sea) on 9th March 2000 before 15 January 2011, except that, in the event of Permissible Delay as defined in Clause 15.2 14 hereof, (and as provided for elsewhere herein) the aforementioned date shall be postponed accordingly. The aforementioned date, or such later date to which the requirement to deliver may be postponed, is herein called the "Contractual Delivery Date" or “Delivery Date”."
14.2. 13.2 Delivery shall take place on a Working/Banking Day to be nominated by the Builder following Technical Acceptance of the Vessel by the Purchaser and with not less than thirty three (303) Working Days' advance notice to the Purchaser. The Builder shall be entitled to claim as Permissible Delay any day falling between expiry of three (3) Working Days’ notice and the earliest Banking Day on which the Vessel can be delivered up to a maximum of two days of Permissible Delay. Delivery shall be effected by the execution by the Parties of a Protocol of Delivery and Acceptance in the form set out in Appendix IIIIIIB, acknowledging delivery by the Builder and acceptance thereof by the Purchaser. .
13.3 The Builder shall give warrants and represents to the Purchaser at least ninety (90) days' (plus or minus seven (7) days) calendar notice of the estimated date of Delivery. The Builder guarantees that at the time of Delivery title to the Vessel and every part thereof shall pass to the Purchaser free and clear of any and all liens, claims, mortgages or other encumbrances upon it and in particular, but without limitation, that she shall be free of all burdens in the nature of imposts, taxes or charges imposed by any liabilities arising from the construction of the Vessel or from its operation on Trials or otherwiseotherwise (“Warranty”). DOCUMENTS TO BE PROVIDED TO THE PURCHASER
14.3. The Builder shall provide to tile Purchaser the following documents prior to Delivery failing which the Purchaser may refuse to accept Delivery
a. Records of inventory of the Vessel's equipment including spare gear and the like as detailed in the Specifications;
b. Records of any and all fuels, lubricants, consumable stores and fresh water supplied pursuant to this Contract by either the Builder or the Purchaser together with such quantities of the same as remain on board at Delivery;
c. All certificates (including Class and other regulatory certificates) required Documents to be furnished prior to or upon Delivery of the Vessel pursuant provided to the Specifications; such certificates are to be clean and free of all qualifications, reservations and recommendations whatsoever.
d. Declaration of Warranty of the Builder in accordance with Clause 14.3 above;
e. The following technical documentation:-
e.1. FourPurchaser
Appears in 1 contract
DELIVERY OF THE VESSEL. DELIVERY
14.1. The Vessel shall be delivered by the Builder to the Purchaser at the Shipyard (or other place as may be agreed with unrestricted access to the open sea) on 9th March February, 2000 except that, in the event of Permissible Delay as defined in Clause 15.2 15.4 hereof, the aforementioned date shall be postponed accordingly. The aforementioned date, or such later date to which requirement to deliver may be postponed, is herein called the "Contractual Delivery Date."
14.2. Delivery shall take place on a Working/Banking Day to be nominated by the Builder following Technical Acceptance of the Vessel by the Purchaser and with not less than thirty five (305) Working Days' advance notice to the Purchaser. Delivery shall be effected by the execution by the Parties of a Protocol of Delivery and Acceptance in the form set out in Appendix IIIII, acknowledging delivery by the Builder and acceptance thereof by the Purchaser. The Builder shall give the Purchaser at least ninety sixty (9060 ) days' (plus or minus seven (7) days) calendar notice of the estimated date of Delivery.
14.3. The Builder guarantees that at the time of Delivery title to the Vessel (to the extent not already transferred to Purchaser) and every part thereof shall pass to the Purchaser free and clear of any and all liens, except liens created by Purchaser, claims, mortgages or other encumbrances upon it and in particular, but without limitation, that she shall be free of all burdens in the nature of imposts, taxes or charges imposed by any liabilities arising from the construction of the Vessel or from its operation on Trials or otherwise. DOCUMENTS TO BE PROVIDED TO THE PURCHASER
14.314.4. The Builder shall provide to tile the Purchaser the following documents prior to Delivery failing which the Purchaser may refuse to accept DeliveryDeliver;-
a. Records of inventory of the Vessel's equipment including spare gear and the like as detailed in the Specifications;
b. Records of any and all fuels, lubricants, consumable stores and fresh water supplied pursuant to this Contract by either the Builder or the Purchaser together with such quantities of the same as remain on board at Delivery;
c. All certificates (including Class and other regulatory certificates) required to be furnished prior to or upon Delivery of the Vessel pursuant to the Specifications; such certificates save as noted in clause 2.5 are to be clean and free of all qualifications, reservations and recommendations whatsoever.
d. Declaration of Warranty of the Builder in accordance with Clause 14.3 above;
e. The following technical documentation:-
e.1. Four
Appears in 1 contract
DELIVERY OF THE VESSEL. DELIVERYDelivery
14.1. 13.1 The Vessel shall be delivered by the Builder to the Purchaser at safely afloat secured in safe waters in or around Singapore or another mutually agreed location ready for ocean tow or load-out for dry tow as approved by the Shipyard (Purchaser’s underwriters' surveyors, on a date falling on or other place as may be agreed with unrestricted access to the open sea) on 9th March 2000 before 30th June 2012, except that, in the event of Permissible Delay as defined in Clause 15.2 14 hereof, (and as provided for elsewhere herein) the aforementioned date shall be postponed accordingly. The aforementioned date, or such later date to which the requirement to deliver may be postponed, is herein called the "Contractual Delivery Date" or “Delivery Date”."
14.2. 13.2 Delivery shall take place on a Working/Banking Day to be nominated by the Builder following Technical Acceptance of the Vessel by the Purchaser and with not less than thirty three (303) Working Days' advance notice to the Purchaser. The Builder shall be entitled to claim as Permissible Delay any day falling between expiry of three (3) Working Days’ notice and the earliest Banking Day on which the Vessel can be delivered up to a maximum of two days of Permissible Delay. Delivery shall be effected by the execution by the Parties of a Protocol of Delivery and Acceptance in the form set out in Appendix IIIIIIB, acknowledging delivery by the Builder and acceptance thereof by the Purchaser. The Builder shall give the Purchaser at least ninety (90) days' (plus or minus seven (7) days) calendar notice of the estimated date of Delivery. The Builder guarantees that at the time of Delivery title to the Vessel and every part thereof shall pass to the Purchaser free and clear of any and all liens, claims, mortgages or other encumbrances upon it and in particular, but without limitation, that she shall be free of all burdens in the nature of imposts, taxes or charges imposed by any liabilities arising from the construction of the Vessel or from its operation on Trials or otherwise. DOCUMENTS TO BE PROVIDED TO THE PURCHASER
14.3. The Builder shall provide to tile Purchaser the following documents prior to Delivery failing which the Purchaser may refuse to accept Delivery
a. Records of inventory of the Vessel's equipment including spare gear and the like as detailed in the Specifications;
b. Records of any and all fuels, lubricants, consumable stores and fresh water supplied pursuant to this Contract by either the Builder or the Purchaser together with such quantities of the same as remain on board at Delivery;
c. All certificates (including Class and other regulatory certificates) required to be furnished prior to or upon Delivery of the Vessel pursuant to the Specifications; such certificates are to be clean and free of all qualifications, reservations and recommendations whatsoever.
d. Declaration of Warranty of the Builder in accordance with Clause 14.3 above;
e. The following technical documentation:-
e.1. Four
Appears in 1 contract
DELIVERY OF THE VESSEL. DELIVERY
14.1. The Vessel shall be delivered by the Builder to the Purchaser at the Shipyard (or other place as may be agreed with unrestricted access to the open sea) on 9th March February 2000 except that, in the event of Permissible Delay as defined in Clause 15.2 hereof, the aforementioned date shall be postponed accordingly. The aforementioned date, or such later date to which requirement to deliver may be postponed, is herein called the "Contractual Delivery Date"."
14.2. Delivery shall take place on a Working/Banking Day to be nominated by the Builder following Technical Acceptance of the Vessel by the Purchaser and with not less than thirty (30) Working Days' advance notice to the Purchaser. Delivery shall be effected by the execution by the Parties of a Protocol of Delivery and Acceptance in the form set out in Appendix III, acknowledging delivery by the Builder and acceptance thereof by the Purchaser. The Builder shall give the Purchaser at least ninety (90) days' (plus or minus seven (7) days) calendar notice of the estimated date of Delivery.
14.3. The Builder guarantees that at the time of Delivery title to the Vessel and every part thereof shall pass to the Purchaser free and clear of any and all liens, claims, mortgages or other encumbrances upon it and in particular, but without limitation, that she shall be free of all burdens in the nature of imposts, taxes or charges imposed by any liabilities arising from the construction of the Vessel or from its operation on Trials or otherwise. DOCUMENTS TO BE PROVIDED TO THE PURCHASER
14.314.4. The Builder shall provide to tile the Purchaser the following documents prior to Delivery failing which the Purchaser may refuse to accept Delivery.
a. Records of inventory of the Vessel's equipment including spare gear and the like as detailed in the Specifications;
b. Records of any and all fuels, lubricants, consumable stores and fresh water supplied pursuant to this Contract by either the Builder or the Purchaser together with such quantities of the same as remain on board at Delivery;
c. All certificates (including Class and other regulatory certificates) required to be furnished prior to or upon Delivery of the Vessel pursuant to the Specifications; such certificates are to be clean and free of all qualifications, reservations and recommendations whatsoever.;
d. Declaration of Warranty of the Builder in accordance with Clause 14.3 above;
e. The following technical documentation:-
e.1. Four
Appears in 1 contract
Samples: Contract for Construction and Sale (Pride International Inc)
