Common use of EXCESSIVE FUEL CONSUMPTION Clause in Contracts

EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE shall not be affected or changed by reason of the fuel consumption of the VESSEL's main engine, as determined by the engine manufacturer's shop trial as per the SPECIFICATIONS being more than the guaranteed fuel consumption of the VESSEL's main engine, if such excess is not more than six per cent (6%) over the guaranteed fuel consumption. (b) However, if the actual fuel consumption as determined by the shop trial is greater than the six percent (6%) over the guaranteed fuel consumption of the VESSEL's main engine, then the CONTRACT PRICE shall be reduced by U.S. Dollars Forty Five Thousand (US$ 45,000) for each full one per cent (1%) increase in fuel consumption in excess of the said six per cent (6%) increase in fuel consumption, with fractions of less than one per cent (1%) being regarded as a full one per cent (1%) of deficiency. However, unless the parties agree otherwise, the total amount of reduction from the CONTRACT PRICE shall not exceed the amount due to cover the excess of ten per cent (10%) over the guaranteed fuel consumption of the VESSEL's main engine at the rate of reduction as specified above. (c) If such actual fuel consumption exceeds the guaranteed fuel consumption (shop trial) of the VESSEL's main engine by more than ten per cent (10%), the BUYER, at its option, may, subject to the BUILDER's right to effect alterations or corrections as specified in Article VI.5. hereof, reject the VESSEL and cancel this CONTRACT or may accept the VESSEL at a reduction in the CONTRACT PRICE as above provided for the ten per cent (10%) increase only.

EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE shall not be affected or changed by reason of the fuel consumption of the VESSEL's ’s main engine, as determined by the engine manufacturer's ’s shop trial as per the SPECIFICATIONS being more than the guaranteed fuel consumption of the VESSEL's ’s main engine, if such excess is not more than six five per cent (65%) over the guaranteed fuel consumption. (b) However, if as for the excess of more than five per cent (5%) in the actual fuel consumption as determined by the shop trial is greater than the six percent (6%) over the guaranteed fuel consumption of the VESSEL's ’s main engine, then the CONTRACT PRICE shall be reduced by U.S. Dollars Forty Five Two Hundred Thousand only (US$ 45,000200,000.-) for each full one per cent (1%) increase in fuel consumption in excess of the said six five per cent (65%) increase in fuel consumption, with consumption [fractions of less than one per cent (1%) being shall be regarded as a full one per cent (1%) of deficiency)]. However, unless the parties agree otherwise, the total amount of reduction from the CONTRACT PRICE shall not exceed the amount due to cover the excess of ten nine per cent (109%) over the guaranteed fuel consumption of the VESSEL's ’s main engine at the rate of reduction as specified above. (c) If such actual fuel consumption exceeds the guaranteed fuel consumption (shop trial) of the VESSEL's ’s main engine by more than ten per cent (10%), the BUYER, at its option, may, subject to the BUILDER's ’s right to effect alterations or corrections as specified in Article VI.5. hereof, reject the VESSEL and cancel rescind this CONTRACT or may accept the VESSEL at a reduction in the CONTRACT PRICE as above provided for the ten nine per cent (109%) increase only.

EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE shall not be affected or changed by reason of the fuel consumption of the VESSEL's ’s main engine, as determined by the engine manufacturer's ’s shop trial as per the SPECIFICATIONS being more than the guaranteed fuel consumption of the VESSEL's ’s main engine, if such excess is not more than six five per cent (65%) over the fuel consumption guaranteed fuel consumptionin Article I. 2 hereof. (b) However, if as for the excess of more than five per cent (5%) in the actual fuel consumption as determined by the shop trial is greater than the six percent (6%) over the guaranteed fuel consumption of the VESSEL's ’s main engine, then engine the CONTRACT PRICE shall be reduced by U.S. United States Dollars Forty Five Ninety Thousand (US$ 45,000) US $90,000), for each full one per cent (1%) increase in fuel consumption in excess of the said six five per cent (65%) increase in fuel consumption, with consumption [fractions of less than one per cent (1%) being regarded as a full one per cent (1%) of deficiencyshall be prorated] . However, unless the parties agree otherwise, the total amount of reduction from the CONTRACT PRICE shall not exceed the amount due to cover the excess of ten per cent (10%) over the guaranteed fuel consumption of the VESSEL's ’s main engine at the rate of reduction as specified above. (c) If such actual fuel consumption exceeds the guaranteed fuel consumption (shop trial) of the VESSEL's ’s main engine by more than ten per cent (10%), the BUYER, at its option, may, subject to the BUILDER's ’s right to effect alterations or corrections as specified in Article VI.5VI . hereof, reject the VESSEL and cancel this CONTRACT or may accept the VESSEL at a reduction in the CONTRACT PRICE as above provided for the ten per cent (10%) increase only.

EXCESSIVE FUEL CONSUMPTION. (ai) The CONTRACT PRICE Contract Price shall not be affected or changed by reason of the fuel consumption of the VESSEL's Vessel’s main engine, as determined by the engine manufacturer's ’s shop trial as per the SPECIFICATIONS Specifications being more than the guaranteed fuel consumption of the VESSEL's Vessel’s main engine, if such excess is not more than six per cent five percent (65%) over the guaranteed fuel consumption. Buyers Representatives will be provided fourteen (14) days notice of engine trials in order to be present during aforementioned trials. (bii) However, if commencing with and including an excess of five percent (5%) in the actual fuel consumption as determined over the guaranteed fuel consumption of the Vessel’s main engine, the Contract Price shall be reduced by the shop trial is greater than the six US$50,000 for each full one percent (61%) increase in fuel consumption above the said five per cent (5%) increase in fuel consumption (fractions of one percent shall be disregarded), up to a maximum of eight percent (8%) over the guaranteed fuel consumption of the VESSEL's Vessel’s main engine, then the CONTRACT PRICE shall be reduced by U.S. Dollars Forty Five Thousand (US$ 45,000) for each full one per cent (1%) increase in fuel consumption in excess of the said six per cent (6%) increase in fuel consumption, with fractions of less than one per cent (1%) being regarded as a full one per cent (1%) of deficiency. However, unless the parties agree otherwise, the total amount of reduction from the CONTRACT PRICE shall not exceed the amount due to cover the excess of ten per cent (10%) over the guaranteed fuel consumption of the VESSEL's main engine at the rate of reduction as specified above. (ciii) If such actual fuel consumption exceeds eight percent (8%) of the guaranteed fuel consumption (shop trial) of the VESSEL's Vessel’s main engine by more than ten per cent (10%)engine, the BUYERBuyer, at its option, may, subject to the BUILDER's Builder’s right to effect alterations or corrections as specified in Article VI.5. 6 (e) hereof, reject the VESSEL and cancel this CONTRACT Contract or may accept the VESSEL at Vessel with a maximum reduction in the CONTRACT PRICE Contract Price as above provided for specified above. (iv) The fuel consumption of the ten per cent Vessel’s main engine shall be determined by the result of the engine manufacturer’s shop trial. Fuel will have a LCV (10%lower calorific value) increase onlyof 10,200kcal/kg.

EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE of the VESSEL shall not be affected or changed by reason of the fuel consumption of the VESSEL's ’s main engine, as determined by the engine manufacturer's ’s shop trial as per the SPECIFICATIONS being more than the guaranteed fuel consumption of the VESSEL's ’s main engineengine as defined in Article I paragraph 2 hereof, if such excess is not more than six five per cent (65%) over the guaranteed fuel consumption. BUYER’s Representatives will be provided fourteen (14) days notice of engine trials in order to be present during aforementioned trials. (b) However, if as for the excess of more than five percent (5%) in the actual fuel consumption as determined by the shop trial is greater than the six percent (6%) over the guaranteed fuel consumption of the VESSEL's ’s main engine, then the CONTRACT PRICE shall be reduced by U.S. Dollars Forty Five Eighty Thousand (US$ 45,000US$80,000) for each full one per cent (1%) increase in fuel consumption in excess of the said six five per cent (65%) increase in fuel consumption, with fractions consumption (fraction of less than one per cent (1%) being shall be regarded as a full one per cent percent (1%) of deficiency)). However, unless the parties agree otherwise, the total amount of reduction from the CONTRACT PRICE shall not exceed the amount due to cover the excess of ten per cent percent (10%) over the guaranteed fuel consumption of the VESSEL's ’s main engine at the rate of reduction as specified above. (c) If such actual fuel consumption exceeds the guaranteed fuel consumption (shop trial) of the VESSEL's ’s main engine by more than ten per cent percent (10%), the BUYER, at its option, may, subject to the BUILDER's ’s right to effect alterations or corrections as specified in Article VI.5VI. 5. hereof, reject the VESSEL and cancel this CONTRACT or may accept the VESSEL at a reduction in the CONTRACT PRICE as above provided for the ten per cent percent (10%) increase only.

EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE shall not be affected or changed by reason of the fuel consumption of the VESSEL's main engine, as determined by the engine manufacturer's shop trial as per the SPECIFICATIONS being more than the guaranteed fuel consumption of the VESSEL's main engineengine as defined in Article I paragraph 2 hereof, if such excess is not more than six five per cent (65%) over the guaranteed fuel consumption. (b) However, if as for the excess of more than five per cent (5%) in the actual fuel consumption as determined by the shop trial is greater than the six percent (6%) over the guaranteed fuel consumption of the VESSEL's main engine, then the CONTRACT PRICE shall be reduced by U.S. Dollars Forty Five Thousand ****** (US$ 45,000US$******) for each full one per cent (1%) increase in fuel consumption in excess of the said six five per cent (65%) increase in fuel consumption, with fractions consumption [fraction of less than one per cent (1%) being shall be regarded as a full one per cent percent (1%) of deficiency)]. However, unless the parties agree otherwise, the total amount of reduction from the CONTRACT PRICE shall not exceed the amount due to cover the excess of ten per cent eight percent (108%) over the guaranteed fuel consumption of the VESSEL's main engine at the rate of reduction as specified above. (c) If such actual fuel consumption exceeds the guaranteed fuel consumption (shop trial) of the VESSEL's main engine by more than ten eight per cent (108%), the BUYER, at its option, may, subject to the BUILDER's right to effect alterations or corrections as specified in Article VI.5VI. 5. hereof, reject the VESSEL and cancel this CONTRACT or may accept the VESSEL at a reduction in the CONTRACT PRICE as above provided for the ten eight per cent (108%) increase only.

EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE shall not be affected or changed by reason of the fuel consumption of the VESSEL's ’s main engine, as determined by the engine manufacturer's ’s shop trial as per the SPECIFICATIONS being more than the guaranteed fuel consumption of the VESSEL's ’s main engine, if such excess is not more than six five per cent (65%) over the guaranteed fuel consumption. (b) However, if as for the excess of more than five per cent (5%) in the actual fuel consumption as determined by the shop trial is greater than the six percent (6%) over the guaranteed fuel consumption of the VESSEL's ’s main engine, then the CONTRACT PRICE shall be reduced by U.S. Dollars Forty Five Thousand one hundred thousand (US$ 45,000100,000) for each full one per cent (1%) increase in fuel consumption in excess of the said six five per cent (65%) increase in fuel consumption, with consumption (fractions of less than one per cent (1%) being shall be regarded as a full one per cent (1%) of deficiency)). However, unless the parties agree otherwise, the total amount of reduction from the CONTRACT PRICE shall not exceed the amount due to cover the excess of ten eight per cent (108%) over the guaranteed fuel consumption of the VESSEL's ’s main engine at the rate of reduction as specified above. (c) If such actual fuel consumption exceeds the guaranteed fuel consumption (shop trial) of the VESSEL's ’s main engine by more than ten eight per cent (108%), the BUYER, at its option, may, subject to the BUILDER's ’s right to effect alterations or corrections as specified in Article VI.5. hereof, reject the VESSEL rescind and cancel this CONTRACT or may accept the VESSEL at a reduction in the CONTRACT PRICE as above provided for the ten eight per cent (108%) increase only.

EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE shall not be affected or changed by reason of the fuel consumption of the VESSEL's ’s main engine, as determined by the engine manufacturer's ’s shop trial as per the SPECIFICATIONS being more than the guaranteed fuel consumption of the VESSEL's ’s main engine, if such excess is not more than six five per cent (65%) over the guaranteed fuel consumption. (b) However, if as for the excess of more than five per cent (5%) in the actual fuel consumption as determined by the shop trial is greater than the six percent (6%) over the guaranteed fuel consumption of the VESSEL's ’s main engine, then the CONTRACT PRICE shall be reduced by U.S. Dollars Forty One Hundred Twenty Five Thousand (US$ 45,000US$125,000) for each full one per cent (1%) increase in fuel consumption in excess of the said six five per cent (65%) increase in fuel consumption, with fractions . Fraction of less than one per cent (1%) being shall be regarded as a full one per cent percent (1%) of deficiency). However, unless the parties agree otherwise, the total amount of reduction from the CONTRACT PRICE shall not exceed the amount due to cover the excess of ten per cent percent (10%) over the guaranteed fuel consumption of the VESSEL's ’s main engine at the rate of reduction as specified above. (c) If such actual fuel consumption exceeds the guaranteed fuel consumption (shop trial) of the VESSEL's ’s main engine by more than ten per cent (10%), the BUYER, at its option, may, subject to the BUILDER's ’s right to effect alterations or corrections as specified in Article VI.5VI. 5. hereof, reject the VESSEL and cancel this CONTRACT or may accept the VESSEL at a reduction in the CONTRACT PRICE as above provided for the ten per cent (10%) increase only.

EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE shall not be affected or changed by reason of the fuel consumption of the VESSEL's ’s main engine, as determined by the engine manufacturer's ’s shop trial as per the SPECIFICATIONS being more than the guaranteed fuel consumption of the VESSEL's ’s main engine, if such excess is not more than six five per cent (65%) over the guaranteed fuel consumption. (b) However, if as for the excess of more than five per cent (5%) in the actual fuel consumption as determined by the shop trial is greater than the six percent (6%) over the guaranteed fuel consumption of the VESSEL's ’s main engine, then the CONTRACT PRICE shall be reduced by U.S. Dollars Forty Five Eighty Thousand (US$ 45,000US$80,000) for each full one per cent (1%) increase in fuel consumption in excess of the said six five per cent (65%) increase in fuel consumption, with fractions . Fraction of less than one per cent (1%) being shall be regarded as a full one per cent percent (1%) of deficiency). However, unless the parties agree otherwise, the total amount of reduction from the CONTRACT PRICE shall not exceed the amount due to cover the excess of ten per cent percent (10%) over the guaranteed fuel consumption of the VESSEL's ’s main engine at the rate of reduction as specified above. (c) If such actual fuel consumption exceeds the guaranteed fuel consumption (shop trial) of the VESSEL's ’s main engine by more than ten per cent (10%), the BUYER, at its option, may, subject to the BUILDER's ’s right to effect alterations or corrections as specified in Article VI.5VI. 5. hereof, reject the VESSEL and cancel this CONTRACT or may accept the VESSEL at a reduction in the CONTRACT PRICE as above provided for the ten per cent (10%) increase only.

EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE Contract Price of the VESSEL shall not be affected or nor changed by reason of if the actual fuel consumption of the VESSEL's main engine, as determined by the engine shop test in manufacturer's shop trial ’s works, as per the SPECIFICATIONS being more Specifications, is greater than the guaranteed fuel consumption Guaranteed Fuel Consumption as specified in clause 5, Article I of the VESSEL's main engine, this Contract if such actual excess is not more equal to or less than six per cent Six percent (6%) over the guaranteed fuel consumption). (b) However, if the actual fuel consumption as determined by the shop trial is greater than the six Six percent (6%) over above the guaranteed fuel consumption of Guaranteed Fuel Consumption, the VESSEL's main engine, then the CONTRACT PRICE Contract Price shall be reduced by U.S. the sum of United States Dollars Forty Two Thousand Five Thousand Hundred only (US$ 45,000US$42,500) for each full one per cent percent (1%) increase in fuel consumption in excess of the above said six per cent Six percent (6%) increase in fuel consumption, with (fractions of less than one per cent (1%) being regarded as a full one per cent (1%) of deficiency. However, unless the parties agree otherwise, the total amount of reduction from the CONTRACT PRICE shall not exceed the amount due percent to cover the excess of ten per cent (10%) over the guaranteed fuel consumption of the VESSEL's main engine at the rate of reduction as specified abovebe prorated). (c) If as determined by shop trial such actual fuel consumption exceeds the guaranteed fuel consumption (shop trial) of the VESSEL's main engine by is more than ten per cent percent (10%)) in excess of the Guaranteed Fuel Consumption, the BUYER, at its option, BUYER may, subject to the BUILDER's ’s right to effect replacement of a substitute engine or alterations or of corrections as specified in the following sub-clause of Article VI.5. III 3 (c) hereof, at its option, reject the VESSEL and cancel rescind this CONTRACT Contract, in accordance with the provisions of Article X of this Contract or may accept the VESSEL at a reduction of up to United States Dollars One Hundred and Seventy Thousand only (US$170,000) in the CONTRACT PRICE Contract Price being the maximum. If as above provided for determined by shop trial such actual fuel consumption of the Main Engine is more than ten per cent percent (10%) in excess of the Guaranteed Fuel Consumption, the BUILDER may investigate the cause of the non-conformity and the proper steps may promptly be taken to remedy the same and to make whatever corrections and alterations and I or re-shop trial test or tests as may be necessary to correct such non-conformity without extra cost to the BUYER. Upon completion of such alterations or corrections of such nonconformity, the BUILDER shall promptly perform such further shop trials or any other tests, as may be deemed necessary to prove the fuel consumption of the Main Engine’s conformity with the requirement of this Contract and the Specifications and if found to be satisfactory, give the BUYER notice by telefax and / or telex confirmed in writing of such correction and as appropriate, successful completion accompanied by copies of such results, and the BUYER shall, within Three(3) business days after receipt of such notice, notify the BUILDER by txxxxxx and / or telex confirmed in writing of its acceptance or reject the re-shop trial together with the reasons therefor. If the BUYER fails to notify the Shipbuilding Contract Hull No. 0120833 BUILDER by txxxxxx and / or telex confirmed in writing of its acceptance or rejection of the re-shop trial together with the reasons therefor within Three(3) business days period as provided herein, the BUYER shall be deemed to have accepted the shop trial. (d) The Contract Price of the VESSEL shall not be affected nor changed if the actual gas consumption of the main engine, as determined by shop test in manufacturer’s works, as per the Specifications, is greater than the Guaranteed Gas Consumption as specified in clause 5, Article I of this Contract if such actual excess is equal to or less than Six percent (6%). (e) However, if the actual gas consumption as determined by shop trial is greater than Six percent (6%) above the Guaranteed Gas Consumption, the Contract Price shall be reduced by the sum of United States Dollars Forty-Two Thousand Five Hundred only (US$42,500) for each full one percent (1%) increase onlyin gas consumption in excess of the above said Six percent (6%) (fractions of one percent to be prorated). (f) If as determined by shop trial such actual gas consumption of the main engine is more than ten percent (10%) in excess of the Guaranteed Gas Consumption, the BUYER may, subject to the BUILDER’s right to effect replacement of a substitute engine or alterations of corrections as specified in the following sub-clause of Article III 3 (f) hereof, at its option, reject the VESSEL and rescind this Contract, in accordance with the provisions of Article X of this Contract or may accept the VESSEL at a reduction of up to United States Dollars One Hundred and Seventy only (US$170,000) in the Contract Price being the maximum. If as determined by shop trial such actual gas consumption of the Main Engine is more than ten percent (10%) in excess of the Guaranteed Gas Consumption, the BUILDER may investigate the cause of the non-conformity and the proper steps may promptly be taken to remedy the same and to make whatever corrections and alterations and / or re-shop trial test or tests as may be necessary to correct such non-conformity without extra cost to the BUYER. Upon completion of such alterations or corrections of such nonconformity, the BUILDER shall promptly perform such further shop trials or any other tests, as may be deemed necessary to prove the gas consumption of the Main Engine’s conformity with the requirement of this Contract and the Specifications and if found to be satisfactory, give the BUYER notice by telefax and / or telex confirmed in writing of such correction and as appropriate, successful completion accompanied by copies of such results, and the BUYER shall, within Three(3) business days after receipt of such notice, notify the BUILDER by txxxxxx and / or telex confirmed in writing of its acceptance or reject the re-shop trial together with the reasons therefor. If the BUYER fails to notify the BUILDER by telefax and / or telex confirmed in writing of its acceptance or rejection of the re-shop trial together with the reasons therefor within Three(3) business days period as provided herein, the BUYER shall be deemed to have accepted the shop trial. Shipbuilding Contract Hull No. 0120833

EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE of the VESSEL shall not be affected or changed by reason of the fuel consumption of the VESSEL's ’s main engine, as determined by the engine manufacturer's ’s shop trial as per the SPECIFICATIONS being more than the guaranteed fuel consumption of the VESSEL's ’s main engineengine as defined in Article I paragraph 2 hereof, if such excess is not more than six five per cent (65%) over the guaranteed fuel consumption. BUYER’s Representatives will be provided fourteen (14) days notice of engine trials in order to be present during aforementioned trials. (b) However, if as for the excess of more than five percent (5%) in the actual fuel consumption as determined by the shop trial is greater than the six percent (6%) over the guaranteed fuel consumption of the VESSEL's ’s main engine, then the CONTRACT PRICE shall be reduced by U.S. Dollars Forty Five Eighty Thousand (US$ 45,00080,000) for each full one per cent (1%) increase in fuel consumption in excess of the said six five per cent (65%) increase in fuel consumption, with fractions consumption (fraction of less than one per cent (1%) being shall be regarded as a full one per cent percent (1%) of deficiency)). However, unless the parties agree otherwise, the total amount of reduction from the CONTRACT PRICE shall not exceed the amount due to cover the excess of ten per cent percent (10%) over the guaranteed fuel consumption of the VESSEL's ’s main engine at the rate of reduction as specified above. (c) If such actual fuel consumption exceeds the guaranteed fuel consumption (shop trial) of the VESSEL's ’s main engine by more than ten per cent percent (10%), the BUYER, at its option, may, subject to the BUILDER's ’s right to effect alterations or corrections as specified in Article VI.5VI. 5. hereof, reject the VESSEL and cancel this CONTRACT or may accept the VESSEL at a reduction in the CONTRACT PRICE as above provided for the ten per cent percent (10%) increase only.

EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE shall not be affected or changed by reason of the fuel consumption of the VESSEL's ’s main engine, as determined by the engine manufacturer's ’s shop trial as per the SPECIFICATIONS being more than the guaranteed fuel consumption of the VESSEL's ’s main engine, if such excess is not more than six per cent (6%) over the guaranteed fuel consumption. (b) However, if the actual fuel consumption as determined by the shop trial is greater than the six percent (6%) over the guaranteed fuel consumption of the VESSEL's ’s main engine, then the CONTRACT PRICE shall be reduced by U.S. Dollars Forty Five Thousand (US$ 45,000) for each full one per cent (1%) increase in fuel consumption in excess of the said six per cent (6%) increase in fuel consumption, with fractions of less than one per cent (1%) being regarded as a full one per cent (1%) of deficiency. However, unless the parties agree otherwise, the total amount of reduction from the CONTRACT PRICE shall not exceed the amount due to cover the excess of ten per cent (10%) over the guaranteed fuel consumption of the VESSEL's ’s main engine at the rate of reduction as specified above. (c) If such actual fuel consumption exceeds the guaranteed fuel consumption (shop trial) of the VESSEL's ’s main engine by more than ten per cent (10%), the BUYER, at its option, may, subject to the BUILDER's ’s right to effect alterations or corrections as specified in Article VI.5. hereof, reject the VESSEL and cancel this CONTRACT or may accept the VESSEL at a reduction in the CONTRACT PRICE as above provided for the ten per cent (10%) increase only.

EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE shall not be affected or changed by reason of the fuel consumption of the VESSEL's main engine, as determined by the engine manufacturer's shop trial as per the SPECIFICATIONS being more than the guaranteed fuel consumption of the VESSEL's main engine, if such excess is not more than six five per cent (65%) over the guaranteed fuel consumption. (b) However, if as for the excess of more than five percent (5%) in the actual fuel consumption as determined by the shop trial is greater than the six percent (6%) over the guaranteed fuel consumption of the VESSEL's main engine, then the CONTRACT PRICE shall be reduced by U.S. Dollars Forty Five U.S.Dollars Thirty Thousand (US$ 45,00030,000) for each full one per cent (1%) increase in fuel consumption in excess of the said six five per cent (65%) increase in fuel consumption, with fractions consumption [fraction of less than one per cent (1%) being shall be regarded as a full one per cent percent (1%) of deficiency)]. However, unless the parties agree otherwise, the total amount of reduction from the CONTRACT PRICE shall not exceed the amount due to cover the excess of ten per cent often percent (10%) over the guaranteed fuel consumption of the VESSEL's main engine at the rate of reduction as specified above. (c) If such actual fuel consumption exceeds the guaranteed fuel consumption (shop trial) of the VESSEL's main engine by more than ten per cent (10%), the BUYER, at its option, may, subject to the BUILDER's right to effect alterations or corrections as specified in Article VI.5. hereof, reject the VESSEL and cancel this CONTRACT or may accept the VESSEL at a reduction in the CONTRACT PRICE as above provided for the ten per cent (10%) increase only.

EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE Contract Price of the VESSEL shall not be affected or nor changed by reason of if the actual fuel consumption of the VESSEL's main engineMain Engine, as determined by the engine shop test in manufacturer's shop trial ’s works, as per the SPECIFICATIONS being more Specifications, is greater than the guaranteed fuel consumption as specified and required under the provisions of this CONTRACT and the VESSEL's main engine, Specifications if such actual excess is not more equal to or less than six per cent Five percent (65%) over the guaranteed fuel consumptionat shop test bed. (b) However, if the actual fuel consumption as determined by the shop trial test is greater than the six Five percent (65%) over above the guaranteed fuel consumption of then, the VESSEL's main engine, then the CONTRACT PRICE Contract Price shall be reduced by U.S. the sum of United States Dollars Forty Five One Hundred Twenty-five Thousand (US$ 45,000125,000.00) for each full one per cent One percent (1%) increase in fuel consumption in excess of the above said six per cent Five percent (65%) increase in fuel consumption, with (fractions of less than one per cent (1%) being regarded as a full one per cent (1%) of deficiencypercent to be prorated). However, unless the parties agree otherwise, the total amount of reduction from the CONTRACT PRICE shall not exceed the amount due to cover the excess of ten per cent (10%) over the guaranteed fuel consumption of the VESSEL's main engine at the rate of reduction as specified above.Shipbuilding Contract Hull No. H2854 (c) If as determined by shoptest such actual fuel consumption exceeds of the Main Engine is more than Ten percent (10%) in excess of the guaranteed fuel consumption, i.e. the fuel consumption (shop trial) exceeds 197.9 g/kWh at fuel oil mode and total heat rate of the VESSEL's main engine by more than ten per cent (10%)8447.7kJ/kWh at gas mode, the BUYER, at its option, BUYER may, subject to the BUILDER's SELLER’s right to effect alterations or corrections as specified in the following Paragraph 3(d) of this Article VI.5. hereofIII hereof at its option, reject cancel or rescind this CONTRACT, in accordance with the VESSEL and cancel provisions of Article X of this CONTRACT CONTRACT, or may accept the VESSEL at a reduction in the CONTRACT PRICE Contract Price by United States Dollars Six Hundred and Twenty FiveThousand (US$ 625,000.00) being the maximum. (d) If as above provided for determined by shop test such actual fuel consumption of the ten per cent Main Engine is more than Ten percent (10%) increase only.in excess of the guaranteed fuel consumption, i.e. the fuel consumption exceeds 197.9g/kWh at fuel oil mode and total heat rate of 8447.7kJ/kWh at gas mode, the SELLER may investigate the cause of the non-conformity and the proper steps may promptly be taken to remedy the same and to make whatever corrections and alterations and/or re-shop test or tests as may be necessary to correct such non-conformity without extra cost to the BUYER. Upon completion of such alterations or corrections of such nonconformity, the SELLER shall notify the BUYER of its intention to carry out further shop tests and any other tests and give the BUYER the opportunity to attend, and shall promptly perform such further shop tests or any other tests as may be deemed necessary to prove the fuel consumption of the Main Engine’s conformity with the requirement of this CONTRACT and the Specifications and if found to be satisfactory, give the BUYER notice of such correction and as appropriate, successful completion accompanied by copies of such results, and the BUYER shall, within Six (6) Business Days after receipt of such notice, notify the SELLER by email of its acceptance or reject the re-shoptest together with the reasons therefor. If the BUYER fails to notify the SELLER by email of its acceptance or rejection of the re-shop test together with the reasons therefor within Six (6) Business Days period as provided herein, the BUYER shall be deemed to have accepted the shop test. For the avoidance of doubt any delay to the scheduled delivery date as set out in Article VII of this Contract arising as a result of any re-shop tests or the remedying of any nonconformities in fuel consumption of the Main Engine of this paragraph shall not constitute Permissible Delay (or otherwise permit an extension of the Delivery Date)

EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE shall not be affected or changed by reason of the fuel consumption of the VESSEL's ’S main engine, as determined by the engine manufacturer's ’s shop trial as per the SPECIFICATIONS being more than the guaranteed fuel consumption Guaranteed Fuel Consumption of the VESSEL's ’S main engine, if such excess is not more than six five per cent (65%) over the guaranteed fuel consumptionGuaranteed Fuel Consumption. (b) However, if as for the excess of more than five per cent (5%) in the actual fuel consumption as determined by the shop trial is greater than the six percent (6%) over the guaranteed fuel consumption Guaranteed Fuel Consumption of the VESSEL's ’S main engine, then the CONTRACT PRICE shall be reduced by U.S. Dollars One Hundred and Forty Five Thousand (US$ 45,000U.S.$145,000) for each full one per cent (1%) increase in fuel consumption in excess of the said six five per cent (65%) increase in fuel consumption, with consumption (fractions of less than one per cent (1%) being shall be regarded as a full one per cent (1%) of deficiency)). However, unless the parties agree otherwise, the total amount of reduction from the CONTRACT PRICE shall not exceed the amount due to cover the excess of ten per cent eight percent (108%) over the guaranteed fuel consumption Guaranteed Fuel Consumption of the VESSEL's ’S main engine at the rate of reduction as specified above. (c) If such actual fuel consumption exceeds the guaranteed fuel consumption (shop trial) Guaranteed Fuel Consumption of the VESSEL's ’S main engine by more than ten eight per cent (108%), the BUYER, at its option, may, subject to the BUILDER's ’S right to effect alterations or corrections as specified in Article VI.5. hereof, reject the VESSEL and cancel this CONTRACT or may accept the VESSEL at a reduction in the CONTRACT PRICE as above provided for the ten eight per cent (108%) increase only.

EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE shall not be affected or changed by reason of the fuel consumption of the VESSEL's ’s main engine, as determined by the engine manufacturer's ’s shop trial as per the SPECIFICATIONS being more than the guaranteed fuel consumption of the VESSEL's ’s main engine, if such excess is not more than six five per cent (65%) over the guaranteed fuel consumption. (b) However, if as for the excess of more than five per cent (5%) in the actual fuel consumption as determined by the shop trial is greater than the six percent (6%) over the guaranteed fuel consumption of the VESSEL's ’s main engine, then the CONTRACT PRICE shall be reduced by U.S. Dollars Forty Five Thousand one hundred thousand (US$ 45,000US$100,000) for each full one per cent (1%) increase in fuel consumption in excess of the said six five per cent (65%) increase in fuel consumption, with consumption (fractions of less than one per cent percent (1%) being shall be regarded as a full one per cent (1%) of deficiency)). However, unless the parties agree otherwise, the total amount of reduction from the CONTRACT PRICE shall not exceed the amount due to cover the excess of ten eight per cent (108%) over the guaranteed fuel consumption of the VESSEL's ’s main engine at the rate of reduction as specified above. (c) If such actual fuel consumption exceeds the guaranteed fuel consumption (shop trial) of the VESSEL's theVESSEL’s main engine by more than ten eight per cent (108%), the BUYER, at its option, may, subject to the BUILDER's ’s right to effect alterations or corrections as specified in Article VI.5. hereof, reject the VESSEL rescind and cancel this CONTRACT or may accept the VESSEL at a reduction in the CONTRACT PRICE as above provided for the ten eight per cent (10( 8%) increase only.

EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE shall not be affected or changed by reason of the fuel consumption of the VESSEL's ’s main engine, as determined by the engine manufacturer's ’s shop trial as per the SPECIFICATIONS being more than the guaranteed fuel consumption Guaranteed Fuel Consumption of the VESSEL's ’s main engine, if such excess is not more than six five per cent (65%) over the guaranteed fuel consumptionGuaranteed Fuel Consumption. (b) However, if as for the excess of more than five per cent (5%) in the actual fuel consumption as determined by the shop trial is greater than the six percent (6%) over the guaranteed fuel consumption Guaranteed Fuel Consumption of the VESSEL's ’s main engine, then the CONTRACT PRICE shall be reduced by U.S. Dollars U.S.Dollars One Hundred and Forty Five Thousand (US$ 45,000U.S.$145,000) for each full one per cent (1%) increase in fuel consumption in excess of the said six five per cent (65%) increase in fuel consumption, with consumption (fractions of less than one per cent (1%) being shall be regarded as a full one per cent (1%) of deficiency)). However, unless the parties agree otherwise, the total amount of reduction from the CONTRACT PRICE shall not exceed the amount due to cover the excess of ten per cent eight percent (108%) over the guaranteed fuel consumption Guaranteed Fuel Consumption of the VESSEL's ’s main engine at the rate of reduction as specified above. (c) If such actual fuel consumption exceeds the guaranteed fuel consumption (shop trial) Guaranteed Fuel Consumption of the VESSEL's ’s main engine by more than ten eight per cent (108%), the BUYER, at its option, may, subject to the BUILDER's ’S right to effect alterations or corrections as specified in Article VI.5. hereof, reject the VESSEL and cancel this CONTRACT or may accept the VESSEL at a reduction in the CONTRACT PRICE as above provided for the ten eight per cent (108%) increase only.

EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE shall not be affected or changed by reason of the excessive fuel consumption of the VESSEL's ’s main engineengine if such excess, as determined by the engine manufacturer's ’s shop trial as per the SPECIFICATIONS being more than SPECIFICATIONS, is not exceeding five per cent (5%) of the guaranteed Guaranteed fuel consumption of the VESSEL's ’s main engine, if such excess is not more than six per cent (6%) over the guaranteed fuel consumption. (b) However, if For the excess of more than five per cent (5%) in the actual fuel consumption as determined by of the shop trial is greater than the six percent (6%) over the guaranteed Guaranteed fuel consumption of the VESSEL's ’s main engine, then the CONTRACT PRICE shall be reduced by U.S. Dollars Forty Five Thousand (US$ 45,000. ) for per each full one per cent (1%) increase in fuel consumption in excess of the said six five per cent (65%) increase in fuel consumption, with consumption (fractions of less than one per cent (1%) being regarded as a full one per cent (1%) of deficiency. Howevershall be prorated), provided that, unless the parties hereto agree otherwise, the total amount of reduction from the CONTRACT PRICE due to excessive fuel consumption shall not exceed the amount due to cover covering the excess of ten per cent (10%) over of the guaranteed Guaranteed fuel consumption of the VESSEL's ’s main engine at the rate of reduction as specified aboveengine. (c) If such actual fuel consumption exceeds the guaranteed Guaranteed fuel consumption (shop trial) of the VESSEL's ’s main engine by more than ten per cent (10%), the BUYER, at its option, may, subject to the BUILDER's ’s right to effect alterations or corrections as specified in Article VI.5. hereofARTICLE VI.4, may reject the VESSEL and cancel terminate this CONTRACT or may accept the VESSEL at a reduction in the CONTRACT PRICE as above provided for in the ten amount equal to covering five per cent (105%) increase excessive fuel consumption only counted over the first exceeding five per cent (5%) of the Guaranteed fuel consumption only.

EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE shall not be affected or changed by reason of the fuel consumption of the VESSEL's ’s main engine, as determined by the engine manufacturer's ’s shop trial as per the SPECIFICATIONS being more than the guaranteed fuel consumption of the VESSEL's ’s main engine, if such excess is not more than six five per cent (65%) over the guaranteed fuel consumption. (b) However, if as for the excess of more than five per cent (5%) in the actual fuel consumption as determined by the shop trial is greater than the six percent (6%) over the guaranteed fuel consumption of the VESSEL's ’s main engine, then the CONTRACT PRICE shall be reduced by U.S. Dollars Forty Five Seventy Thousand (US$ 45,000US$70,000.-) for each full one per cent (1%) increase in fuel consumption in excess of the said six five per cent (65%) increase in fuel consumption, with consumption [fractions of less than one per cent (1%) being shall be regarded as a full one per cent (1%) of deficiency)]. However, unless the parties agree otherwise, the total amount of reduction from the CONTRACT PRICE shall not exceed the amount due to cover the excess of ten per cent (10%) over the guaranteed fuel consumption of the VESSEL's ’s main engine at the rate of reduction as specified above. (c) If such actual fuel consumption exceeds the guaranteed fuel consumption (shop trial) of the VESSEL's ’s main engine by more than ten per cent (10%), the BUYER, at its option, may, subject to the BUILDER's ’s right to effect alterations or corrections as specified in Article VI.5. hereof, reject the VESSEL and cancel this CONTRACT or may accept the VESSEL at a reduction in the CONTRACT PRICE as above provided for the ten per cent (10%) increase only.

EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE shall not be affected or changed by reason of the fuel consumption of the VESSEL's main ’s mans engine, as determined by the engine manufacturer's ’s shop trial as per the SPECIFICATIONS being more than the guaranteed fuel consumption of the VESSEL's ’s main engineengine required under the terms of this CONTRACT and the SPECIFICATIONS (the “Guaranteed Fuel Consumption”), if such excess is not more than six five per cent (65%) over the guaranteed fuel consumptionGuaranteed Fuel Consumption. (b) However, if as for the excess of more than five per cent (5%) in the actual fuel consumption as determined by the shop trial is greater than the six percent (6%) over the guaranteed fuel consumption of the VESSEL's main engineGuaranteed Fuel Consumption, then the CONTRACT PRICE shall be reduced by U.S. Dollars Forty Five Thousand (US$ 45,000) [ ] for each full one per cent (1%) increase excess in fuel consumption in excess of the said six five per cent (65%) increase in fuel consumption, with (fractions of less than one per cent (1%) being shall be regarded as a full one per cent percent (1%) of deficiency)). However, unless the parties agree otherwise, the total amount of reduction from the CONTRACT PRICE shall not exceed the amount due to cover the excess of ten per cent percent (10%) over the guaranteed fuel consumption of the VESSEL's main engine Guaranteed Fuel Consumption at the rate of reduction as specified above. (c) If such actual fuel consumption exceeds the guaranteed fuel consumption (shop trial) of the VESSEL's main engine Guaranteed Fuel Consumption by more than ten per cent (10%), the BUYER, at its option, may, subject to the BUILDER's ’s right to effect alterations or corrections as specified in Article VI.5. VI hereof, reject the VESSEL and cancel this CONTRACT or may accept the VESSEL at a reduction in the CONTRACT PRICE as above provided provided, for the ten per cent (10%) increase only.

EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE shall not be affected or changed by reason of the fuel consumption of the VESSEL's ’S main engine, as determined by the engine manufacturer's ’s shop trial as per the SPECIFICATIONS being more than the guaranteed fuel consumption of the VESSEL's ’s main engine, if such excess is not more than six five per cent (65%) over the guaranteed fuel consumption. (b) However, if as for the excess of more than five per cent (5%) in the actual fuel consumption as determined by the shop trial is greater than the six percent (6%) over the guaranteed fuel consumption of the VESSEL's ’S main engine, then the CONTRACT PRICE shall be reduced by U.S. Dollars Forty Five Thousand one hundred thousand (US$ 45,000100,000) for each full one per cent (1%) increase in fuel consumption in excess of the said six five per cent (65%) increase in fuel consumption, with consumption (fractions of less than one per cent (1%) being shall be regarded as a full one per cent (1%) of deficiency)). However, unless the parties agree otherwise, the total amount of reduction from the CONTRACT PRICE shall not exceed the amount due to cover the excess of ten eight per cent (108%) over the guaranteed fuel consumption of the VESSEL's ’s main engine at the rate of reduction as specified above. (c) If such actual fuel consumption exceeds the guaranteed fuel consumption (shop trial) of the VESSEL's ’s main engine by more than ten eight per cent (108%), the BUYER, at its option, may, subject to the BUILDER's ’s right to effect alterations or corrections as specified in Article VI.5. hereof, reject the VESSEL rescind and cancel this CONTRACT or may accept the VESSEL at a reduction in the CONTRACT PRICE as above provided for the ten eight per cent (108%) increase only.

EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE shall not be affected or changed by reason of the fuel consumption of the VESSEL's ’S main engine, as determined by the engine manufacturer's ’s shop trial as per the SPECIFICATIONS being more than the guaranteed fuel consumption of the VESSEL's ’S main engine, if such excess is not more than six five per cent (65%) over the guaranteed fuel consumption. (b) However, if as for the excess of more than five per cent (5%) in the actual fuel consumption as determined by the shop trial is greater than the six percent (6%) over the guaranteed fuel consumption of the VESSEL's ’S main engine, then the CONTRACT PRICE shall be reduced by U.S. Dollars Forty Five Eighty Thousand (US$ 45,000US$80,000) for each full one per cent (1%) increase in fuel consumption in excess of the said six five per cent (65%) increase in fuel consumption, with fractions . Fraction of less than one per cent (1%) being shall be regarded as a full one per cent percent (1%) of deficiency). However, unless the parties agree otherwise, the total amount of reduction from the CONTRACT PRICE shall not exceed the amount due to cover the excess of ten per cent often percent (10%) over the guaranteed fuel consumption of the VESSEL's ’S main engine at the rate of reduction as specified above. (c) If such actual fuel consumption exceeds the guaranteed fuel consumption (shop trial) of the VESSEL's ’S main engine by more than ten per cent (10%), the BUYER, at its option, may, subject to the BUILDER's ’s right to effect alterations or corrections as specified in Article VI.5VI. 5. hereof, reject the VESSEL and cancel this CONTRACT or may accept the VESSEL at a reduction in the CONTRACT PRICE as above provided for the ten per cent (10%) increase only.

EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE shall not be affected or changed by reason of the fuel consumption of the VESSEL's main engine, as determined by the engine manufacturer's shop trial as per the SPECIFICATIONS being more than the guaranteed fuel consumption of the VESSEL's main engine, if such excess is not more than six five per cent (65%) over the guaranteed fuel consumption. (b) However, if as for the excess of more than five percent (5%) in the actual fuel consumption as determined by the shop trial is greater than the six percent (6%) over the guaranteed fuel consumption of the VESSEL's main engine, then the CONTRACT PRICE shall be reduced by U.S. Dollars Forty Five U.S.Dollars Thirty Thousand (US$ 45,00030,000) for each full one per cent (1%) increase in fuel consumption in excess of the said six five per cent (65%) increase in fuel consumption, with fractions consumption [fraction of less than one per cent (1%) being shall be regarded as a full one per cent percent (1%) of deficiency)]. However, unless the parties agree otherwise, the total amount of reduction from the CONTRACT PRICE shall not exceed the amount due to cover the excess of ten per cent percent (10%) over the guaranteed fuel consumption of the VESSEL's main engine at the rate of reduction as specified above. (c) If such actual fuel consumption exceeds the guaranteed fuel consumption (shop trial) of the VESSEL's main engine by more than ten per cent (10%), the BUYER, at its option, may, subject to the BUILDER's right to effect alterations or corrections as specified in Article VI.5. hereof, reject the VESSEL and cancel this CONTRACT or may accept the VESSEL at a reduction in the CONTRACT PRICE as above provided for the ten per cent (10%) increase only.

EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE Contract Price of the VESSEL shall not be affected or nor changed by reason of if the actual fuel consumption of the VESSEL's main engineMain Engine, as determined by the engine shop test in manufacturer's shop trial ’s works, as per the SPECIFICATIONS being more Specifications, is greater than the guaranteed fuel consumption as specified and required under the provisions of this CONTRACT and the VESSEL's main engine, Specifications if such actual excess is not more equal to or less than six per cent Five percent (65%) over the guaranteed fuel consumptionat shop test bed . (b) However, if the actual fuel consumption as determined by the shop trial test is greater than the six Five percent (65%) over above the guaranteed fuel consumption of then, the VESSEL's main engine, then the CONTRACT PRICE Contract Price shall be reduced by U.S. the sum of United States Dollars Forty Five One Hundred Twenty-five Thousand (US$ 45,000125,000.00) for each full one per cent One percent (1%) increase in fuel consumption in excess of the above said six per cent Five percent (65%) increase in fuel consumption, with (fractions of less than one per cent (1%) being regarded as a full one per cent (1%) of deficiencypercent to be prorated). However, unless the parties agree otherwise, the total amount of reduction from the CONTRACT PRICE shall not exceed the amount due to cover the excess of ten per cent (10%) over the guaranteed fuel consumption of the VESSEL's main engine at the rate of reduction as specified above.Shipbuilding Contract Hull No. H2855 (c) If as determined by shoptest such actual fuel consumption exceeds of the Main Engine is more than Ten percent (10%) in excess of the guaranteed fuel consumption, i.e. the fuel consumption (shop trial) exceeds 197.9 g/kWh at fuel oil mode and total heat rate of the VESSEL's main engine by more than ten per cent (10%)8447.7kJ/kWh at gas mode, the BUYER, at its option, BUYER may, subject to the BUILDER's SELLER’s right to effect alterations or corrections as specified in the following Paragraph 3(d) of this Article VI.5. hereofIII hereof at its option, reject cancel or rescind this CONTRACT, in accordance with the VESSEL and cancel provisions of Article X of this CONTRACT CONTRACT, or may accept the VESSEL at a reduction in the CONTRACT PRICE Contract Price by United States Dollars Six Hundred and Twenty FiveThousand (US$ 625,000.00) being the maximum. (d) If as above provided for determined by shop test such actual fuel consumption of the ten per cent Main Engine is more than Ten percent (10%) increase only.in excess of the guaranteed fuel consumption, i.e. the fuel consumption exceeds 197.9g/kWh at fuel oil mode and total heat rate of 8447.7kJ/kWh at gas mode, the SELLER may investigate the cause of the non-conformity and the proper steps may promptly be taken to remedy the same and to make whatever corrections and alterations and/or re-shop test or tests as may be necessary to correct such non-conformity without extra cost to the BUYER. Upon completion of such alterations or corrections of such nonconformity, the SELLER shall notify the BUYER of its intention to carry out further shop tests and any other tests and give the BUYER the opportunity to attend, and shall promptly perform such further shop tests or any other tests as may be deemed necessary to prove the fuel consumption of the Main Engine’s conformity with the requirement of this CONTRACT and the Specifications and if found to be satisfactory, give the BUYER notice of such correction and as appropriate, successful completion accompanied by copies of such results, and the BUYER shall, within Six (6) Business Days after receipt of such notice, notify the SELLER by email of its acceptance or reject the re-shoptest together with the reasons therefor. If the BUYER fails to notify the SELLER by email of its acceptance or rejection of the re-shop test together with the reasons therefor within Six (6) Business Days period as provided herein, the BUYER shall be deemed to have accepted the shop test. For the avoidance of doubt any delay to the scheduled delivery date as set out in Article VII of this Contract arising as a result of any re-shop tests or the remedying of any nonconformities in fuel consumption of the Main Engine of this paragraph shall not constitute Permissible Delay (or otherwise permit an extension of the Delivery Date)