Common use of Permitted Changes Clause in Contracts

Permitted Changes. 15.1 The Builder agrees that notwithstanding any provision to the contrary in this Contract or the Specification or the Plans, without giving rise to any increase in the Contract Price or any other charge to the Buyer, or to any AOMs, the Buyer may make the changes referred to in this Clause 15 in relation to the Ship as compared with the Builder's Hull number [*] (the "First Ship"). 15.2 In the passenger public rooms of the Ship, the general arrangement, the layout and the function will be the same as for the First Ship. However, the Buyer may make like for like changes to durable materials and colours. Furthermore the Buyer may make minor adjustments to the arrangement of the loose furniture (i.e. positioning) but it is herewith agreed that clause 15.10 below finds application for such arrangement adjustments (e.g. without limitation in case the lighting shall also be changed). 15.3 The same carpet design will be used. However, the Buyer may make like for like changes to the pattern and colour of the carpets in public rooms, passenger cabins and corridors. Furthermore the Buyer may make like for like changes to materials and finishes. Additionally the Buyer may make minor adjustments to headboards, vanities, TV units and sofa designs but it is herewith agreed that in each case clause 15.10 below finds application for such adjustments. 15.4 In passenger cabins the Buyer may make like for like changes to durable materials (such as laminates). 15.5 The Buyer may change area names and signage as it relates to each area. 15.6 The Buyer may change the artwork concept throughout the Ship. 15.7 The Buyer may make changes to Buyer's Supplies for the Ship so long as the changes do not result in the Builder exceeding its original budget for mounting and installation of the relevant Buyer's Supplies. 15.8 Each of the choices and changes referred to in clauses 15.2 to 15.7 above will be presented to the Builder within 365 (three hundred and sixty five) days after the date agreed for presentation of the corresponding choice under the contract for the First Ship. 15.9 In this Clause 15 the expression "like for like" means that the same supplier must be used as for the First Ship provided that if a supplier should become unavailable or unacceptable for business or technical reasons: (i) the preface of the list of suppliers (Appendix 2 to the Specification) shall apply to the choice of the replacement suppliers for the components mentioned in such list; and (ii) for all other components the Builder will propose replacement suppliers for approval by the Buyer under Article 1, Clause 5.4 of this Contract. 15.10 If and insofar a like for like change causes higher costs (including, but not limited to purchase price or mounting and installation), the Builder shall give the Buyer notice of such cost increase together with reasonable supporting evidence. The Buyer shall within seven (7) working days of being notified of such increase, notify the Builder of whether it accepts that change(s), in which case the Builder will follow the Buyer's preference, or that it does not. If the Buyer does not notify the Builder of its acceptance of such higher costs within the time frame mentioned above the Builder shall be entitled to reject such like for like change.

Appears in 2 contracts

Samples: Shipbuilding Contract (Norwegian Cruise Line Holdings Ltd.), Shipbuilding Contract (Norwegian Cruise Line Holdings Ltd.)

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Permitted Changes. 15.1 The Builder agrees that notwithstanding any provision to the contrary in this Contract or the Specification or the Plans, without giving rise to any increase in the Contract Price or any other charge to the Buyer, or to any AOMs, the Buyer may make the changes referred to in this Clause 15 in relation to the Ship as compared with the Builder's ’s Hull number [*] (the "First Ship"). 15.2 In the passenger public rooms of the Ship, the general arrangement, the layout and the function will be the same as for the First Ship. However, the Buyer may make like for like changes to durable materials and colours. Furthermore the Buyer may make minor adjustments to the arrangement of the loose furniture (i.e. positioning) but it is herewith agreed that clause 15.10 below finds application for such arrangement adjustments (e.g. without limitation in case the lighting shall also be changed). 15.3 The same carpet design will be used. However, the Buyer may make like for like changes to the pattern and colour of the carpets in public rooms, passenger cabins and corridors. Furthermore the Buyer may make like for like changes to materials and finishes. Additionally the Buyer may make minor adjustments to headboards, vanities, TV units and sofa designs but it is herewith agreed that in each case clause 15.10 below finds application for such adjustmentscolours. 15.4 In passenger cabins the Buyer may make like for like changes to durable materials (such as laminates). 15.5 The Buyer may change area names and signage as it relates to each area. 15.6 The Buyer may change the artwork concept throughout the Ship. 15.7 The Buyer may make changes to Buyer's ’s Supplies for the Ship so long as the changes do not result in the Builder exceeding its original budget for mounting and installation of the relevant Buyer's ’s Supplies. 15.8 Each of the choices and changes referred to in clauses 15.2 to 15.7 above will be presented to the Builder within 365 (three hundred and sixty five) days after the date agreed for presentation of the corresponding choice under the contract for the First Ship. 15.9 In this Clause 15 the expression "like for like" means that the same supplier must be used as for the First Ship provided that if a supplier should become unavailable or unacceptable for business or technical reasons: (i) the preface of the list of suppliers (Appendix 2 to the Specification) shall apply to the choice of the replacement suppliers for the components mentioned in such list; and (ii) for all other components the Builder will propose replacement suppliers for approval by the Buyer under Article 1, Clause 5.4 of this Contract. 15.10 If and insofar a like for like change causes higher costs (including, but not limited to purchase price or mounting and installation), the Builder shall give the Buyer notice of such cost increase together with reasonable supporting evidence. The Buyer shall within seven (7) working days of being notified of such increase, notify the Builder of whether it accepts that change(s), in which case the Builder will follow the Buyer's preference, or that it does not. If the Buyer does not notify the Builder of its acceptance of such higher costs within the time frame mentioned above the Builder shall be entitled to reject such like for like change.

Appears in 2 contracts

Samples: Shipbuilding Contract (NCL CORP Ltd.), Shipbuilding Contract (NCL CORP Ltd.)

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