Common use of Modifications Changes and Extras Clause in Contracts

Modifications Changes and Extras. 1. How Effected Minor modifications or changes to the SPECIFICATIONS and the PLAN under which the VESSEL is to be constructed may be made at any time hereafter by written agreement of the parties hereto. Any modification or change requested by the BUYER which does not affect the frame-work of the SPECIFICATIONS shall be agreed to by the BUILDER if the BUYER agrees to adjustment of the CONTRACT PRICE, deadweight and/or cubic capacity, speed requirements, the DELIVERY DATE and other terms and conditions of this CONTRACT reasonably required as a result of such modification or change. The BUILDER has the right to continue construction of the VESSEL on the basis of the SPECIFICATIONS and the PLAN until the BUYER has agreed to such adjustments. The BUILDER shall be entitled to refuse: to make any alteration, change or modification of the SPECIFICATIONS and/or the PLAN requested by the BUYER, if the BUYER does not agree to the aforesaid adjustments within fourteen (14) days of the BUILDER’s notification of the same to the BUYER, or, if, in the BUILDER’s judgement, the compliance with such request of the BUYER would cause an unreasonable disruption of the normal working schedule of the SHIPYARD. The BUILDER, however, agrees to exert its efforts to accommodate such reasonable request by the BUYER so that the said change and modification shall be made at a reasonable cost and within the shortest period of time reasonably possible. The aforementioned agreement to modify and change the SPECIFICATIONS and the PLAN may be effected by exchange of letters or facsimiles manifesting the agreement. The letters and facsimiles exchanged by the parties pursuant to the foregoing shall constitute an amendment to this CONTRACT, the SPECIFICATIONS or the PLAN under which the VESSEL shall be built. Upon consummation of such an agreement to modify and change the SPECIFICATIONS or the PLAN, the BUILDER shall alter the construction of the VESSEL in accordance therewith including any addition to, or deduction from, the work to be performed in connection with such construction.

Modifications Changes and Extras. 1. How Effected Minor modifications or changes to the SPECIFICATIONS and the PLAN under which the VESSEL is to be constructed Effected: The Specifications may be made at any time hereafter modified and/or changed by written agreement of the parties hereto. Any modification or change parties, however, that any modifications and/or changes requested by the BUYER which does or an accumulation of such modifications and/or changes will not adversely affect the frame-work of BUILDER’s planning or program in relation to the SPECIFICATIONS shall be agreed to by the BUILDER BUILDER’s other commitments and if the BUYER agrees shall assent to adjustment of the CONTRACT PRICEContract Price, deadweight and/or cubic capacitytime for delivery of the DRILLSHIP, speed requirements, the DELIVERY DATE and other terms and conditions of this CONTRACT reasonably required as a result of Contract and the Specifications occasioned by or resulting from such modification or changemodifications and/or changes. The BUILDER has the right to continue construction of the VESSEL on the basis of the SPECIFICATIONS and the PLAN until the BUYER has agreed to such adjustments. The BUILDER shall be entitled to refuse: to make any alteration, change or modification of the SPECIFICATIONS and/or the PLAN requested by the BUYER, if the BUYER does not agree to the aforesaid adjustments within fourteen (14) days of the BUILDER’s notification of the same to the BUYER, or, if, in the BUILDER’s judgement, the compliance with such request of the BUYER would cause an unreasonable disruption of the normal working schedule of the SHIPYARD. The BUILDER, however, hereby agrees to exert its best efforts to accommodate such reasonable request by the BUYER so that the said change and modification shall changes and/or modifications may be made at a reasonable cost and within the shortest period of time that is reasonably possible. Any such agreement for modifications and/or changes shall include an agreement as to the increase or decrease, if any, in the Contract Price of the DRILLSHIP together with an agreement as to any extension or reduction in the time of delivery, or any other alterations in this Contract or the Specifications occasioned by such modifications and/or changes. The aforementioned agreement to modify and and/or change the SPECIFICATIONS and the PLAN Specifications may be effected by an exchange of letters signed by the authorized representatives of the parties hereto, or facsimiles telefax confirmed in writing, manifesting the such agreement. The Such letters and facsimiles confirmed message exchanged by the parties hereto pursuant to the foregoing shall constitute an amendment to this CONTRACTof the Specifications, the SPECIFICATIONS or the PLAN under which the VESSEL and such letters and message shall be builtincorporated into this Contract and made a part hereof. Upon consummation The failure of such an agreement the parties to modify agree on the increase or decrease in the Contract Price, or extension or reduction in the time of delivery, if any, for any modifications or changes requested by the BUYER shall not prevent the BUILDER from performing any agreed work so as not to prevent the proper progress of the DRILLSHIP’s design, construction, building, launching, equipping, testing and change completion, but shall be dealt with in accordance with Article XII. The BUILDER may make minor changes to the SPECIFICATIONS Specifications, if found necessary for introduction of improved production methods or the PLANotherwise, provided that the BUILDER shall alter first obtain the construction of the VESSEL in accordance therewith including any addition to, or deduction from, the work to BUYER’s approval that shall not be performed in connection with such constructionunreasonably withheld.

Modifications Changes and Extras. 1. How Effected Minor Effected: Any modifications or and/or changes to in the SPECIFICATIONS and the PLAN Specifications under which the VESSEL is to be constructed may shall be made at any time hereafter by written agreement of the parties hereto. Any modification or change requested by the BUYER which does hereto provided, however, that any modifications and/or changes will not adversely affect the frame-work of BUILDER’s planning or programme in relation to the SPECIFICATIONS shall be agreed to by the BUILDER BUILDER’s other commitments and if the BUYER agrees and BUILDER shall agree to adjustment of the CONTRACT PRICEContract Price, deadweight and/or cubic capacity, speed requirements, time for delivery of the DELIVERY DATE VESSEL and other terms and conditions of this CONTRACT reasonably required Contract as a result of such modification or changehereinafter provided. The BUILDER has the right to continue construction of the VESSEL on the basis of the SPECIFICATIONS and the PLAN until the BUYER has agreed to such adjustments. The BUILDER shall be entitled to refuse: to make any alteration, change or modification of the SPECIFICATIONS and/or the PLAN requested by the BUYER, if the BUYER does not agree to the aforesaid adjustments within fourteen (14) days of the BUILDER’s notification of the same to the BUYER, or, if, in the BUILDER’s judgement, the compliance with such request of the BUYER would cause an unreasonable disruption of the normal working schedule of the SHIPYARD. The BUILDER, however, hereby agrees to exert its best efforts to accommodate such reasonable request by the BUYER so that the said change and modification shall changes and/or modifications may be made at a reasonable cost and within the shortest period of time which is reasonably possible. Any such agreement for modifications and/or changes shall include an agreement as to the increase or decrease, if any, in the Contract Price of the VESSEL together with an agreement as to any extension or reduction in the time of delivery, or any other alterations in this Contract, or the Specifications or the Approved Drawings occasioned by such modifications and/or changes. The aforementioned agreement to modify and and/or change the SPECIFICATIONS and the PLAN Specifications and/or Approved Drawings may be effected by an exchange of letters signed by the authorized Representatives of the parties hereto, or facsimiles telex or facsimile confirmed in writing, manifesting the such agreement. The Such letters and facsimiles confirmed telex and facsimile exchanged by the parties hereto pursuant to the foregoing shall constitute an amendment to this CONTRACTof the Specifications, the SPECIFICATIONS or the PLAN under which the VESSEL and such letters and telex and facsimile shall be builtincorporated into this Contract and made a part hereof. Upon consummation The BUILDER may make minor changes to the Specifications, if found necessary for introduction of such an agreement to modify and change the SPECIFICATIONS improved production methods or the PLANotherwise, provided that the BUILDER shall alter first obtain the BUYER’s written approval which shall not be unreasonably withheld. 2. Changes in Rules of Classification Society, Regulations, etc.: In the event that, after the date of this Contract, any requirements as to class, or as to rules and regulations to which the construction of the VESSEL in accordance therewith including any addition to, is required to conform are altered or deduction fromchanged by the Classification Society or the other regulatory bodies authorized to make such alterations or changes, the work following provisions shall apply: (a) If such alterations or changes are compulsory for the VESSEL, either of the parties hereto, upon receipt of such information from the Classification Society or such other regulatory bodies, shall promptly transmit the same to the other in writing, and the BUILDER shall thereupon incorporate such alterations or changes into the construction of the VESSEL, provided that the BUYER shall first agree to reasonable adjustments required by the BUILDER in the Contract Price, the Delivery Date and other terms and conditions of this Contract and the Specifications occasioned by or resulting from such alternations or changes. (b) If such alterations or changes are not compulsory for the VESSEL, but the BUYER desires to incorporate such alterations or changes into the construction of the VESSEL, then the BUYER shall notify the BUILDER of such intention. The BUILDER shall accept such alterations or changes, provided that such alterations or changes will not, in the judgment of the BUILDER, adversely affect the BUILDER’s planning or program in relation to the BUILDER’s other commitments, and provided, further, that the BUYER shall first agree to reasonable adjustments required by the BUILDER in the Contract Price, the Delivery Date and other terms and conditions of this Contract and the Specifications occasioned by or resulting from such alternations or changes. Agreements as to such alterations or changes under this Paragraph 2 shall be performed made in connection with such constructionthe same manner as provided in Paragraph 1 of this Article for modifications or changes to the Specifications.

Modifications Changes and Extras. 1. How Effected Minor modifications HOW EFFECTED (a) Modifications or changes to the SPECIFICATIONS and or the PLAN under which the VESSEL is to be constructed may be made at any time hereafter by written agreement of the parties hereto. Any modification The BUILDER shall, as soon as possible, and at any rate within [***] days after receipt of a written request for modifications or change requested changes by the BUYER which does not affect give the frame-work BUYER a written proposal of the SPECIFICATIONS consequences of implementing such modifications and/or changes. These consequences shall be agreed to by the BUILDER if the BUYER agrees to include adjustment of the CONTRACT PRICEPRICE (including a reasonable breakdown of how the costs or savings were calculated), deadweight and/or cubic capacity, speed requirements, the DELIVERY DATE and other terms and conditions of this CONTRACT reasonably required as a result of such modification or change. The BUILDER has [***] the right to continue construction of the VESSEL on the basis of the SPECIFICATIONS and the PLAN until the BUYER has agreed to such adjustments. . (b) The BUILDER shall be entitled to refuse: refuse to make any alteration, change or modification of to the SPECIFICATIONS and/or or the PLAN requested by the BUYER, if the BUYER does not agree to the aforesaid adjustments within fourteen twenty-one (1421) days of the BUILDER’s 's notification of the same to the BUYERBUYER (with breakdown of costs or savings), or, if, in the BUILDER’s 's reasonable judgement, the compliance with such request of the BUYER would cause an unreasonable disruption of to the normal working schedule of the SHIPYARD. . (c) The BUILDER, however, agrees to BUILDER shall [***] exert its best efforts to accommodate such reasonable request by the BUYER BUYER, in either case so that the said alteration, change and or modification shall be made at a reasonable cost and within the shortest period of time reasonably possible. The aforementioned agreement to modify and change the SPECIFICATIONS and or the PLAN may shall be effected by exchange written change orders signed by the authorised representatives of the parties and exchanged by letters or facsimiles E-mails manifesting the agreement. agreement (but subject, in the case of an INITIAL STAGE REQUEST as further provided in paragraph 4 of this Article. (d) The letters and facsimiles E-mails exchanged by the parties pursuant to the foregoing shall constitute an amendment to this CONTRACT, the SPECIFICATIONS or the PLAN under which the VESSEL shall be built. Upon consummation of such an agreement to modify and change this CONTRACT, the SPECIFICATIONS or the PLAN, the BUILDER shall alter the construction of the VESSEL in accordance therewith including any addition to, or deduction from, the work to be performed in connection with such construction. (e) Despite any other provision of this Article V, the BUILDER is not entitled to any extension of the DELIVERY DATE by reason of any alteration, change or modification agreed pursuant to an INITIAL STAGE REQUEST, unless it demonstrates that such alteration, change or modification fundamentally alters the nature or characteristics of the VESSEL (e.g increase of cargo capacity to 200,000 CBM, installing additional regasification units).