Common use of Divers Inspection / Drydocking Clause in Contracts

Divers Inspection / Drydocking. (a)* (i) The Vessel will be delivered without drydocking. However, Tthe Buyers shall have the option at their cost and expense to arrange for an underwater inspection by a diver approved by the Classification Society prior to the delivery of the Vessel. Such option shall be declared latest nine (9) days prior to the Vessel’s intended date of readiness for delivery as notified by the Sellers pursuant to Clause 5(b) of this Agreement. The Sellers shall at their cost and expense make the Vessel available for such inspection. This inspection shall be carried out without undue delay and in the presence of a Classification Society surveyor arranged for by the Sellers and paid for by the Buyers. The Buyers’ representative(s) shall have the right to be present at the diver’s inspection as observer(s) only without interfering with the work or decisions of the Classification Society surveyor. The extent of the inspection and the conditions under which it is performed shall be to the satisfaction of the Classification Society. If the conditions at the place of delivery are unsuitable for such inspection, the Sellers shall at their cost and expense make the Vessel available at a suitable alternative place near to the delivery port, in which event the Cancelling Date shall be extended by the additional time required for such positioning and the subsequent re-positioning. The Sellers may not tender Notice of Readiness prior to completion of the underwater inspection. (ii) If the rudder, propeller, bottom or other underwater parts below the deepest load line are found broken, damaged or defective so as to affect the Vessel’s class, then (1) unless repairs can be carried out afloat to the satisfaction of the Classification Society, the Sellers shall arrange for the Vessel to be drydocked at their expense for inspection by the Classification Society of the Vessel’s underwater parts below the deepest load line, This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers’ Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers’ Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. the extent of the inspection being in accordance with the Classification Society’s rules (2) such defects shall be made good by the Sellers at their cost and expense to the satisfaction of the Classification Society without condition/recommendation** and (3) the Sellers shall pay for the underwater inspection and the Classification Society’s attendance.

Divers Inspection / Drydocking. (a)* (i) The Vessel will be delivered without drydocking. However, Tthe the Buyers shall have the option right at their cost and expense to arrange for an underwater inspection by a diver approved by the Classification Society at berth of Shanhaiguan Shipbuilding Industry Co., Ltd. if available or another suitable location near the port of delivery prior to the delivery of the Vessel. Such option shall be declared latest nine (9) days prior to the Vessel’s intended date of readiness for delivery as notified by the Sellers pursuant to Clause 5(b) of this Agreement. The Sellers shall at their cost and expense make the Vessel available for such inspection. This inspection shall be carried out without undue delay and in the presence of a Classification Society surveyor arranged for by the Sellers and paid for by the Buyers. The Buyers’ representative(s) shall have the right to be present at the diver’s inspection as observer(s) only without interfering with the work or decisions of the Classification Society surveyor. The extent of the inspection and the conditions under which it is performed shall be to the satisfaction of the Classification Society. If the conditions at the place of delivery are unsuitable for such inspection, the Sellers shall at their cost and expense make the Vessel available at a suitable alternative place near to the delivery port, in which event the Cancelling Date shall be extended by the additional time required for such positioning and the subsequent re-positioning. The Sellers may not tender Notice of Readiness prior to completion of the underwater inspection. (ii) If the rudder, propeller, bottom or other underwater parts below the deepest load line are found broken, damaged or defective so as to affect the Vessel’s class, then (1) unless repairs can be carried out afloat to the satisfaction of the Classification Society, the Sellers shall arrange for the Vessel to be drydocked at their expense for inspection by the Classification Society of the Vessel’s underwater parts below the deepest load line, This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers’ Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers’ Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. the extent of the inspection being in accordance with the Classification Society’s rules (2) such defects shall be made good by the Sellers at their cost and expense to the satisfaction of the Classification Society without condition/recommendation** and (3) the Sellers shall pay for the underwater inspection and the Classification Society’s attendance.

Divers Inspection / Drydocking. 105 (a)* The Buyers shall waive the UWI (underwater inspection) before delivery. Sellers will issue a confirmation letter confirming to the best of their knowledge the Vessel has not grounded or touched her bottom since last dry docking. 106 (i) The Vessel will be delivered without drydocking. However, Tthe Buyers shall have the option at their cost and expense to arrange for an underwater 107 inspection by a diver approved by the Classification Society prior to the delivery of the 108 Vessel. Such option shall be declared latest nine (9) days prior to the Vessel’s intended 109 date of readiness for delivery as notified by the Sellers pursuant to Clause 5(b) of this 110 Agreement. The Sellers shall at their cost and expense make the Vessel available for 111 such inspection. This inspection shall be carried out without undue delay and in the 112 presence of a Classification Society surveyor arranged for by the Sellers and paid for by the 113 t he Buyers. The Buyers’ representative(s) shall have the right to be present at the diver’s 114 inspection as observer(s) only without interfering with the work or decisions of the 115 Classification Society surveyor. The extent of the inspection and the conditions under 116 which it is performed shall be to the satisfaction of the Classification Society. If the 117 conditions at the place of delivery are unsuitable for such inspection, the Sellers shall at 118 their cost and expense make the Vessel available at a suitable alternative place near to 119 the delivery port, in which event the Cancelling Date shall be extended by the additional 120 time required for such positioning and the subsequent re-positioning. The Sellers may 121 not tender Notice of Readiness prior to completion of the underwater inspection. 122 (ii) If the rudder, propeller, bottom or other underwater parts below the deepest load line are found 123 f ound broken, damaged or defective so as to affect the Vessel’s class, then (1) unless 124 repairs can be carried out afloat to the satisfaction of the Classification Society, the 125 Sellers shall arrange for the Vessel to be drydocked at their expense for inspection by the 126 t he Classification Society of the Vessel’s underwater parts below the deepest load line, This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers’ Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers’ Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. 127 the extent of the inspection being in accordance with the Classification Society’s rules (2) 128 such defects shall be made good by the Sellers at their cost and expense to the 129 satisfaction of the Classification Society without condition/recommendation** and (3) the 130 Sellers shall pay for the underwater inspection and the Classification Society’s 131 attendance. 132 Notwithstanding anything to the contrary in this Agreement, if the Classification Society 133 do not require the aforementioned defects to be rectified before the next class 134 drydocking survey, the Sellers shall be entitled to deliver the Vessel with these defects 135 against a deduction from the Purchase Price of the estimated direct cost (of labour and 136 materials) of carrying out the repairs to the satisfaction of the Classification Society, 137 whereafter the Buyers shall have no further rights whatsoever in respect of the defects 138 and/or repairs. The estimated direct cost of the repairs shall be the average of quotes for 139 the repair work obtained from two reputable independent shipyards at or in the vicinity of 140 the port of delivery, one to be obtained by each of the Parties within two (2) Banking 141 Days from the date of the imposition of the condition/recommendation, unless the Parties 142 agree otherwise. Should either of the Parties fail to obtain such a quote within the 143 stipulated time then the quote duly obtained by the other Party shall be the sole basis for 144 the estimate of the direct repair costs. The Sellers may not tender Notice of Readiness 145 prior to such estimate having been established. 146 (iii) If the Vessel is to be drydocked pursuant to Clause 6(a) (ii) and no suitable dry-docking 147 facilities are available at the port of delivery, the Sellers shall take the Vessel to a port 148 where suitable drydocking facilities are available, whether within or outside the delivery 149 range as per Clause 5(a). Once the drydocking has taken place the Sellers shall deliver the 150 Vessel at a port within the delivery range as per Clause 5(a) which shall, for the purpose 151 of this Clause, become the new port of delivery. In such event the Cancelling Date shall 152 be extended by the additional time required for the drydocking and extra steaming, but 153 limited to a maximum of fourteen (14) days. 154 (b) *The Seller shall place the Vessel in drydock at the port of delivery for inspection by the 155 C lassification Society of the Vessel’s underwater parts below the deepest load line, the extent 156 o f the inspection being in accordance with the Classification Society’s rules. If the rudder, 157 propeller, bottom or other underwater parts below the deepest loadline are found broken, 158 damaged or defective so as to affect the Vessel’s class, such defects shall be made good at the 159 S xxxxxx’ cost and expense to the satisfaction of the Classification Society without 160 condition/recommendation**. In such event the Sellers are also to pay for the costs and 161 expenses in connection with putting the Vessel in and taking her out of drydock, including the 162 d rydock dues and the Classification Society’s fees. The Sellers shall also pay for these costs 163 and expenses if parts of the tailshaft system are condemned or found defective or broken so as 164 t o affect the Vessel’s class. In all other cases, the Buyers shall pay the aforesaid costs and 165 expenses, dues and fees. 166 (c) If the Vessel is drydocked pursuant to Clause 6(a) (ii) or 6(b) above: 167 (i) The Classification Society may require survey of the tailshaft system, the extent of the 168 survey being to the satisfaction of the Classification Society surveyor. If such survey is 169 not required by the Classification Society, the Buyers shall have the option to require the 170 tailshaft to be drawn and surveyed by the Classification Society, the extent of the survey 171 b eing in accordance with the Classification Society’s rules for tailshaft survey and 172 consistent with the current stage of the Vessel’s survey cycle. The Buyers shall declare 173 whether they require the tailshaft to be drawn and surveyed not later than by the 174 completion of the inspection by the Classification Society. The drawing and refitting of 175 the tailshaft shall be arranged by the Sellers. Should any parts of the tailshaft system be 176 c ondemned or found defective so as to affect the Vessel’s class, those parts shall be 177 renewed or made good at the Sellers’ costs and expense to the satisfaction of the 178 Classification Society without condition/recommendation.** 179 (ii) The costs and expenses relating to the survey of the tailshaft system shall be borne by 180 The Buyers unless the Classification Society requires such survey to be carried out or if 181 parts of the system are condemned or found defective or broken so as to affect the 182 V essel’s class, in which case the Sellers shall pay these costs and expenses. 183 (iii) T he Buyers’ representative(s) shall have the right to be present in the drydock, as 184 observer(s) only without interfering with the work or decisions of the Classification 185 Society surveyor. 186 (iv) The Buyers shall have the right to have the underwater parts of the Vessel cleaned 187 a nd painted at their risk, cost and expense without interfering with the Sellers’ or the 188 C lassification Society surveyor’s work, if any, and without affecting the Vessel’s timely 189 delivery. If, however, the Buyers’ work in drydock is still in progress when the 190 Sellers have completed the work which the Sellers are required to do, the additional 191 d ocking time needed to complete the Buyers’ work shall be for the Buyer’s risk, cost and 192 expense. In the event that the Buyers’ work requires such additional time, the Sellers 193 m ay upon completion of the Sellers’ work tender Notice of Readiness for delivery whilst 194 the Vessel is still in drydock and, notwithstanding Clause 5(a), the Buyers shall be 195 obliged to take delivery in accordance with Clause 3 (Payment), whether the Vessel is in 196 drydock or not. 197 *6(a) and 6(b) are alternatives; delete whichever is not applicable. In the absence of deletions, 198 alternative 6(a) shall apply. 199 **Notes or memoranda, if any, in the surveyor’s report which are accepted by the Classification 200 Society without condition/recommendation are not to be taken into account. 201 7. Spares, bunkers and other items 202 The Sellers shall deliver the Vessel to the Buyers with everything belonging to her on board 203 and on shore. All spare parts and spare equipment including spare tail-end shaft(s) and/or 204 spare propeller(s)/propeller blade(s), if any, belonging to the Vessel on the date of this agreement. 205 used or unused, whether on board or not, shall become the Buyers' property, but spares on 206 order are to be excluded. Forwarding charges, if any, shall be for the Buyers' account. The Sellers 207 are not required to replace spare parts including spare tail-end shaft(s) and spare 208 propeller(s)/propeller blade(s) which are taken out of spare and used as replacement prior to 209 delivery, but the replaced items shall be the property of the Buyers. Unused stores and 210 provisions shall be included in the sale and be taken over by the Buyers without extra payment. 211 Library and forms exclusively for use in the Sellers' vessel(s) and captain’s, officers’ and crew’s 212 personal belongings including the slop chest are excluded from the sale without compensation, 213 as well as the following additional items: (To be advised). 214 Items on board which are on hire or owned by third parties, listed as follows, are excluded from 215 the sale without compensation: - Marinesat S100-X7 & Iridium Pilot, one(1) set. - Paris Mini Server, one(1) set. (Others if any, to be advised) 216 Items on board at the time of inspection which are on hire or owned by third parties, not listed 217 above, shall be replaced or procured by the Sellers prior to delivery at their cost and expense. 218 The Buyers shall take over remaining bunkers and unused lubricating oils and hydraulic oils and 219 greases in storage tanks and unopened drums and pay as follows:

Divers Inspection / Drydocking. (a)* (i) The Vessel will be delivered without drydocking. However, Tthe Buyers shall have the option at their cost and expense to arrange for an underwater inspection by a diver approved by the Classification Society prior to the delivery of the Vessel. Such option shall be declared latest nine (9) days prior to the Vessel’s intended date of readiness for delivery as notified by the Sellers pursuant to Clause 5(b) of this Agreement. The Sellers shall at their cost and expense make the Vessel available for such inspection. This inspection shall be carried out without undue delay and in the presence of a Classification Society surveyor arranged for by the Sellers and paid for by the Buyers. The Buyers’ representative(s) shall have the right to be present at the diver’s inspection as observer(s) only without interfering with the work or decisions of the Classification Society surveyor. The extent of the inspection and the conditions under which it is performed shall be to the satisfaction of the Classification Society. If the conditions at the place of delivery are unsuitable for such inspection, the Sellers shall at their cost and expense make the Vessel available at a suitable alternative place near to the delivery port, in which event the Cancelling Date shall be extended by the additional time required for such positioning and the subsequent re-positioning. The Sellers may not tender Notice of Readiness prior to completion of the underwater inspection. (ii) If the rudder, propeller, bottom or other underwater parts below the deepest load line are found broken, damaged or defective so as to affect the Vessel’s class, then (1) unless repairs can be carried out afloat to the satisfaction of the Classification Society, the Sellers shall arrange for the Vessel to be drydocked at their expense for inspection by the Classification Society of the Vessel’s underwater parts below the deepest load line, the extent of the inspection being in accordance with the Classification Society’s rules (2) This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers’ Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers’ Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. the extent of the inspection being in accordance with the Classification Society’s rules (2) such defects shall be made good by the Sellers at their cost and expense to the satisfaction of the Classification Society without condition/recommendation** and (3) the Sellers shall pay for the underwater inspection and the Classification Society’s attendance.

Divers Inspection / Drydocking. (a)* (i) The Vessel will Vesselto be delivered without drydockingDry docking. However, Tthe Buyers shall have the option at their cost and expense to arrange for an underwater inspection by a diver approved by the Classification Society prior to the delivery of the Vessel. Such option shall be declared latest nine (9) days prior to the Vessel’s intended date of readiness for delivery as notified by the Sellers pursuant to Clause 5(b) of this Agreement. The Sellers shall at their cost and expense make the Vessel available for such inspection. This inspection shall be carried out without undue delay and in the presence of a Classification Society surveyor arranged for by the Sellers and paid for by the Buyers. The Buyers’ representative(s) shall have the right to be present at the diver’s inspection as observer(s) only without interfering with the work or decisions of the Classification Society surveyor. The extent of the inspection and the conditions under which it is performed shall be to the satisfaction of the Classification Society. If the This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers’ Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers’ Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. conditions at the place of delivery are unsuitable for such inspection, the Sellers shall at their cost and expense make the Vessel available at a suitable alternative place near to the delivery port, in which event the Cancelling Date shall be extended by the additional time required for such positioning and the subsequent re-positioning. The Sellers may not tender Notice of Readiness prior to completion of the underwater inspection. (ii) If the rudder, propeller, bottom or other underwater parts below the deepest load line are found broken, damaged or defective so as to affect the Vessel’s class, then (1) unless repairs can be carried out afloat to the satisfaction of the Classification Society, the Sellers shall arrange for the Vessel to be drydocked at their expense for inspection by the Classification Society of the Vessel’s underwater parts below the deepest load line, This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers’ Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers’ Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. the extent of the inspection being in accordance with the Classification Society’s rules (2) such defects shall be made good by the Sellers at their cost and expense to the satisfaction of the Classification Society without condition/recommendation** and (3) the Sellers shall pay for the underwater inspection and the Classification Society’s attendance.

Divers Inspection / Drydocking. (a)* (i) The Vessel will be delivered without drydocking. However, Tthe the Buyers shall have the option right at their cost and expense to arrange for an underwater inspection by a diver approved by the Classification Society at berth of Shanhaiguan Shipbuilding Industry Co., Ltd. it available or another suitable location near the port of delivery prior to the delivery of the Vessel. Such option shall be declared latest nine (9) days prior to the Vessel’s intended date of readiness for delivery as notified by the Sellers pursuant to Clause 5(b) of this Agreement. The Sellers shall at their cost and expense make the Vessel available for such inspection. This inspection shall be carried out without undue delay and in the presence of a Classification Society surveyor arranged for by the Sellers and paid for by the Buyers. The Buyers’ representative(s) shall have the right to be present at the diver’s inspection as observer(s) only without interfering with the work or decisions of the Classification Society surveyor. The extent of the inspection and the conditions under which it is performed shall be to the satisfaction of the Classification Society. If the conditions at the place of delivery are unsuitable for such inspection, the Sellers shall at their cost and expense make the Vessel available at a suitable alternative place near to the delivery port, in which event the Cancelling Date shall be extended by the additional time required for such positioning and the subsequent re-positioning. The Sellers may not tender Notice of Readiness prior to completion of the underwater inspection. (ii) If the rudder, propeller, bottom or other underwater parts below the deepest load line are found broken, damaged or defective so as to affect the Vessel’s class, then (1) unless repairs can be carried out afloat to the satisfaction of the Classification Society, the Sellers shall arrange for the Vessel to be drydocked at their expense for inspection by the Classification Society of the Vessel’s underwater parts below the deepest load line, This document is a computer generated SALEFORM 2012 form printed by authority of the Norwegian Shipbrokers’ Association. Any insertion or deletion to the form must be clearly visible. In the event of any modification made to the pre-printed text of this document which is not clearly visible, the text of the original approved document shall apply. BIMCO and the Norwegian Shipbrokers’ Association assume no responsibility for any loss, damage or expense as a result of discrepancies between the original approved document and this computer generated document. the extent of the inspection being in accordance with the Classification Society’s rules (2) such defects shall be made good by the Sellers at their cost and expense to the satisfaction of the Classification Society without condition/recommendation** and (3) the Sellers shall pay for the underwater inspection and the Classification Society’s attendance.