Common use of SPECIFICATION AND PLANS Clause in Contracts

SPECIFICATION AND PLANS. 3.1 The Specification and the Plans describe in detail building work standards, the features of the building work and the general scope of the building work but, although the contents of the Specification and the Plans are believed by the Builder and the Buyer to be accurate, all dimensions and other details shall be independently verified and checked by the Builder and, if there are any errors or omissions in the Specification or Plans which may adversely affect the safety, seaworthiness or technical performance of the Ship, the Builder shall correct the same, after first notifying the Buyer in writing and obtaining the Buyer’s written approval (which is not to be unreasonably withheld or delayed), without any increase in the Contract Price. 3.2 The Builder shall be solely and directly responsible for all aspects of the design, performance and quality of the building work, and the fact that any calculations, measurements, drawings, plans, test results or any other documents and data relating to the building work shall have been made, prepared or supplied by the Buyer or shown to the Buyer or approved by the Buyer and/or any Regulatory Authority and/or the Classification Society and/or any other specified person(s) or that modifications or alterations shall have been carried out in accordance with the Buyer’s requirements shall not in any manner or to any extent relieve the Builder from (or otherwise reduce) any of the Builder’s obligations and/or liabilities under this Contract. 3.3 All Parts shall be new or (with the Supervisor’s prior written approval which shall not be unreasonably withheld or delayed) unused, of high quality, and in strict and full accordance and compliance with this Contract, the Plans and the Specification and shall otherwise be in strict and full accordance and compliance with the Builder’s usual high standards and practices of construction for similar passenger ships. 3.4 The Builder shall pay for all Parts promptly on or before delivery of the Ship or in accordance with usual commercial credit terms.

SPECIFICATION AND PLANS. 3.1 The Specification and the Plans describe in detail building work standards, the features of the building work and the general scope of the building work but, although the contents of the Specification and the Plans are believed by the Builder and the Buyer to be accurate, all dimensions and other details shall be independently verified and checked by the Builder and, if there are any errors or omissions in the Specification or Plans which may adversely affect the safety, seaworthiness or technical performance of the Ship, the Builder shall correct the same, after first notifying the Buyer in writing and obtaining the Buyer’s 's written approval (which is not to be unreasonably withheld or delayed), without any increase in the Contract Price. 3.2 The Builder shall be solely and directly responsible for all aspects of the design, performance and quality of the building work, and the fact that any calculations, measurements, drawings, plans, test results or any other documents and data relating to the building work shall have been made, prepared or supplied by the Buyer or shown to the Buyer or approved by the Buyer and/or any Regulatory Authority and/or the Classification Society and/or any other specified person(s) or that modifications or alterations shall have been carried out in accordance with the Buyer’s 's requirements shall not in any manner or to any extent relieve the Builder from (or otherwise reduce) any of the Builder’s 's obligations and/or liabilities under this Contract. 3.3 All Parts shall be new or (with the Supervisor’s 's prior written approval which shall not be unreasonably withheld or delayed) unused, of high quality, and in strict and full accordance and compliance with this Contract, the Plans and the Specification and shall otherwise be in strict and full accordance and compliance with the Builder’s 's usual high standards and practices of construction for similar passenger ships. 3.4 The Builder shall pay for all Parts promptly on or before delivery of the Ship or in accordance with usual commercial credit terms. 3.5 The Builder shall furnish: spare parts in accordance with the Specification; and maintenance tools of the kind and in at least the quantities required by the Specification, the Classification Society, and the makers' standards, for items furnished by the Builder. The cost of such spares and tools are included in the Contract Price. The Builder at its own cost and risk shall be responsible for the handling, storing and bringing on board the Ship of all spares and tools. Spares and tools furnished by the Builder shall be properly protected against physical decay, corrosion and mechanical damage and shall be properly listed so that replacements may be readily ordered by the Buyer. 4.1 The Builder shall design and build the Ship under the supervision and special survey of Det Norske Veritas (the "Classification Society"), in accordance with the regulations, requirements, resolutions and rules of the Classification Society (the "Class Rules") that are (i) in force as of the Effective Date and (ii) announced as of the Effective Date as intended at any time thereafter to come into force or to be implemented. On delivery the Ship shall achieve the class notations specified in Section G.3.2 of the Specification free of all conditions, notations, qualifications, recommendations, reservations and restrictions. 4.2 The Classification Society's decision as to compliance or non-compliance of the building work with the Class Rules shall be final and binding on the parties but this provision shall not in any manner or to any extent relieve the Builder from (or otherwise reduce) any of the Builder's obligations to comply with this Contract, the Plans and the Specification in respect of requirements that exceed the Class Rules. 4.3 The Builder shall also design and build the Ship under the supervision and in accordance with the regulations, requirements, resolutions and rules of the Regulatory Authorities (the "Regulatory Rules") as well as all other specified regulations, requirements, resolutions and rules that, are (i) in force as of the Effective Date and (ii) announced as of the Effective Date as intended at any time thereafter to come into force or to be implemented. 4.4 The decision of any Regulatory Authority which is to issue specified certificates shall be final and binding on the parties as to compliance or non-compliance of the building work with the relevant Regulatory Rules but this provision shall not in any manner or to any extent relieve the Builder from (or otherwise reduce) any of the Builder's obligations to comply with this Contract, the Plans or the Specification in respect of requirements which exceed the Regulatory Rules. 4.5 All classification, certification, testing, survey and other fees and charges payable to the Classification Society and other third parties in relation to the building work shall be for the account of the Builder. 4.6 Although the Classification Society will be appointed and paid for by the Builder, and although the Builder will be exclusively responsible for the correct interpretation and application of the Class Rules: (i) the parties intend that, in performing its role in relation to the building work, the Classification Society shall be acting for, and shall owe identical duties to, both of the parties to this Contract; and (ii) the Builder will ensure that the provisions of this Clause 4.6 are communicated to, and accepted by, the Classification Society prior to its appointment under this Contract. 4.7 All fees and charges incidental to the registration of the Ship under the flag and laws of the Flag State shall be for the account of the Buyer. 4.8 In relation to the building work, the Buyer has the right: (i) to inspect all correspondence, minutes of meetings and other documents passing between the Builder and the Classification Society or the Regulatory Authorities and to have copies thereof upon request of the Supervisor or the Buyer; and (ii) to attend all scheduled meetings between the Builder and the Classification Society or the Regulatory Authorities, and the Builder shall provide (or procure that the Classification Society or Regulatory Authorities provide) copies of all documents requested under paragraph (i) above and shall keep the Buyer well informed (in advance) of all of the meetings referred to in paragraph (ii) above. The Builder will promptly inform the Supervisor of any unscheduled meetings between the Builder and the Classification Society or the Regulatory Authorities and, if the Supervisor does not attend any of such meetings, the Builder will give the Supervisor a reasonably detailed account of the matters discussed and decisions taken at the meeting. 4.9 The Builder and its subcontractors shall comply with all laws, rules and regulations applicable to the building work, and the Builder shall obtain all licenses, permits, certificates and permissions required for the execution and completion of the building work, including those required by the Classification Society and the Regulatory Authorities. 4.10 The Builder shall be responsible for obtaining the approval of all drawings, calculations and other necessary matters by the Classification Society and the Regulatory Authorities, and shall arrange for all applicable certificates and approvals to be issued.

SPECIFICATION AND PLANS. 3.1 The Specification and the Plans describe in detail building work standards, the features of the building work and the general scope of the building work but, although the contents of the Specification and the Plans are believed by the Builder and the Buyer to be accurate, all dimensions and other details shall be independently verified and checked by the Builder and, if there are any errors or omissions in the Specification or Plans which may adversely affect the safety, seaworthiness or technical performance of the Ship, the Builder shall correct the same, after first notifying the Buyer in writing and obtaining the Buyer’s written approval (which is not to be unreasonably withheld or delayedwithheld), without any increase in the Contract Price. 3.2 The Builder shall be solely and directly responsible for all aspects of the design, performance and quality of the building work, and the fact that any calculations, measurements, drawings, plans, test results or any other documents and data relating to the building work shall have been made, prepared or supplied by the Buyer or shown to the Buyer or approved by the Buyer and/or any Regulatory Authority and/or the Classification Society and/or any other specified person(s) or that modifications or alterations shall have been carried out in accordance with the Buyer’s requirements shall not in any manner or to any extent relieve the Builder from (or otherwise reduce) any of the Builder’s obligations and/or liabilities under this Contract. 3.3 All Parts shall be new or (with the Supervisor’s prior written approval which shall not be unreasonably withheld or delayedwithheld) unused, of high quality, and in strict and full accordance and compliance with this Contract, the Plans and the Specification and shall otherwise be in strict and full accordance and compliance with the Builder’s usual high standards and practices of construction for similar passenger ships. 3.4 The Builder shall pay for all Parts promptly on or before delivery of the Ship or in accordance with usual commercial credit terms. 3.5 The Builder shall furnish: spare parts in accordance with the Specification; and maintenance tools of the kind and in at least the quantities required by the Specification, the Classification Society, and the makers’ standards, for items furnished by the Builder. The cost of such spares and tools are included in the Contract Price. The Builder at its own cost and risk shall be responsible for the handling, storing and bringing on board the Ship of all spares and tools. Spares and tools furnished by the Builder shall be properly protected against physical decay, corrosion and mechanical damage and shall be properly listed so that replacements may be readily ordered by the Buyer.

SPECIFICATION AND PLANS. 3.1 The Specification and the Plans describe in detail building work standards, the features of the building work and the general scope of the building work but, although the contents of the Specification and the Plans are believed by the Builder and the Buyer to be accurate, all dimensions and other details shall be independently verified and checked by the Builder and, if there are any errors or omissions in the Specification or Plans which may adversely affect the safety, seaworthiness or technical performance of the Ship, the Builder shall correct the same, after first notifying the Buyer in writing and obtaining the Buyer’s written approval (which is not to be unreasonably withheld or delayed), without any increase in the Contract Price. 3.2 The Builder shall be solely and directly responsible for all aspects of the design, performance and quality of the building work, and the fact that any calculations, measurements, drawings, plans, test results or any other documents and data relating to the building work shall have been made, prepared or supplied by the Buyer or shown to the Buyer or approved by the Buyer and/or any Regulatory Authority and/or the Classification Society and/or any other specified person(s) or that modifications or alterations shall have been carried out in accordance with the Buyer’s requirements shall not in any manner or to any extent relieve the Builder from (or otherwise reduce) any of the Builder’s obligations and/or liabilities under this Contract. 3.3 All Parts shall be new or (with the Supervisor’s prior written approval which shall not be unreasonably withheld or delayed) unused, of high quality, and in strict and full accordance and compliance with this Contract, the Plans and the Specification and shall otherwise be in strict and full accordance and compliance with the Builder’s usual high standards and practices of construction for similar passenger ships. 3.4 The Builder shall pay for all Parts promptly on or before delivery of the Ship or in accordance with usual commercial credit terms. 3.5 The Builder shall furnish: spare parts in accordance with the Specification; and maintenance tools of the kind and in at least the quantities required by the Specification, the Classification Society, and the makers’ standards, for items furnished by the Builder. The cost of such spares and tools are included in the Contract Price. The Builder at its own cost and risk shall be responsible for the handling, storing and bringing on board the Ship of all spares and tools. Spares and tools furnished by the Builder shall be properly protected against physical decay, corrosion and mechanical damage and shall be properly listed so that replacements may be readily ordered by the Buyer. 3.6 The Builder shall provide space and design for the supply and installation of a scrubber system on the Ship (the “Scrubber System”). The Scrubber System shall be supplied, installed, tested and commissioned by the Builder upon agreement being reached by the Buyer and the Builder (each acting reasonably and in good faith) in respect of the price and the technical specification for the scrubber System. The Contract Price includes a lump sum of €10,000,000 (ten million euros) for the Scrubber System. Issues concerning technical consequences (including weight, centre of gravity, capacities and power consumption) shall be addressed through the AOM process without any further impact on the Contract Price. The Buyer may cancel the Scrubber System without liability on its part provided that the Buyer gives the Builder written notice of cancellation by no later than July 15, 2013. In the event of such cancellation, the Contract Price shall be reduced by the amount of €10,000,000 (ten million euros) and such reduction shall be effected through proportionate reductions in the amount of each subsequent instalment of the Contract Price. 3.7 The Builder shall at its cost perform a feasibility study with regard to the supply and installation of an LNG fuel supply system. On or before December 1, 2012, the Builder shall provide the Buyer with the results of the feasibility study. If the Builder determines that such an LNG fuel supply system is feasible, the Buyer may elect to exchange one 12V 48/60 CR engine capable of a maximum continuous rating of 14,400 kW at 514 rpm into one 14V 51/60 DF (duel fuel) engine capable of a maximum continuous rating of 14,000kW at 514 rpm at an additional fixed cost to the Buyer of €700,000 (seven hundred thousand euros) provided that the Buyer gives the Builder written notice of such election by no later than July 15, 2013. Issues concerning technical consequences (including fuel consumption, weight and capacities) as a result of the installation of the 14V 51/60 DF engine shall be addressed through the AOM process without any impact on the Contract Price. 4.1 The Builder shall design and build the Ship under the supervision and special survey of Det Norske Veritas (the “Classification Society”), in accordance with the regulations, requirements, resolutions and rules of the Classification Society (the “Class Rules”) that are (i) in force as of the Effective Date and (ii) announced as of the Effective Date as intended at any time thereafter to come into force or to be implemented. On delivery the Ship shall achieve the class notations specified in Section G.3.2 of the Specification free of all conditions, notations, qualifications, recommendations, reservations and restrictions. 4.2 The Classification Society’s decision as to compliance or non-compliance of the building work with the Class Rules shall be final and binding on the parties but this provision shall not in any manner or to any extent relieve the Builder from (or otherwise reduce) any of the Builder’s obligations to comply with this Contract, the Plans and the Specification in respect of requirements that exceed the Class Rules. 4.3 The Builder shall also design and build the Ship under the supervision and in accordance with the regulations, requirements, resolutions and rules of the Regulatory Authorities (the “Regulatory Rules”) as well as all other specified regulations, requirements, resolutions and rules that, are (i) in force as of the Effective Date and (ii) announced as of the Effective Date as intended at any time thereafter to come into force or to be implemented. 4.4 The decision of any Regulatory Authority which is to issue specified certificates shall be final and binding on the parties as to compliance or non-compliance of the building work with the relevant Regulatory Rules but this provision shall not in any manner or to any extent relieve the Builder from (or otherwise reduce) any of the Builder’s obligations to comply with this Contract, the Plans or the Specification in respect of requirements which exceed the Regulatory Rules. 4.5 All classification, certification, testing, survey and other fees and charges payable to the Classification Society and other third parties in relation to the building work shall be for the account of the Builder. 4.6 Although the Classification Society will be appointed and paid for by the Builder, and although the Builder will be exclusively responsible for the correct interpretation and application of the Class Rules: (i) the parties intend that, in performing its role in relation to the building work, the Classification Society shall be acting for, and shall owe identical duties to, both of the parties to this Contract; and (ii) the Builder will ensure that the provisions of this Clause 4.6 are communicated to, and accepted by, the Classification Society prior to its appointment under this Contract. 4.7 All fees and charges incidental to the registration of the Ship under the flag and laws of the Flag State shall be for the account of the Buyer. 4.8 In relation to the building work, the Buyer has the right: (i) to inspect all correspondence, minutes of meetings and other documents passing between the Builder and the Classification Society or the Regulatory Authorities and to have copies thereof upon request of the Supervisor or the Buyer; and (ii) to attend all scheduled meetings between the Builder and the Classification Society or the Regulatory Authorities, and the Builder shall provide (or procure that the Classification Society or Regulatory Authorities provide) copies of all documents requested under paragraph (i) above and shall keep the Buyer well informed (in advance) of all of the meetings referred to in paragraph (ii) above. The Builder will promptly inform the Supervisor of any unscheduled meetings between the Builder and the Classification Society or the Regulatory Authorities and, if the Supervisor does not attend any of such meetings, the Builder will give the Supervisor a reasonably detailed account of the matters discussed and decisions taken at the meeting. 4.9 The Builder and its subcontractors shall comply with all laws, rules and regulations applicable to the building work, and the Builder shall obtain all licenses, permits, certificates and permissions required for the execution and completion of the building work, including those required by the Classification Society and the Regulatory Authorities. 4.10 The Builder shall be responsible for obtaining the approval of all drawings, calculations and other necessary matters by the Classification Society and the Regulatory Authorities, and shall arrange for all applicable certificates and approvals to be issued.

SPECIFICATION AND PLANS. 3.1 The Specification and the Plans describe in detail building work standards, the features of the building work and the general scope of the building work but, although the contents of the Specification and the Plans are believed by the Builder and the Buyer to be accurate, all dimensions and other details shall be independently verified and checked by the Builder and, if there are any errors or omissions in the Specification or Plans which may adversely affect the safety, seaworthiness or technical performance of the Ship, the Builder shall correct the same, after first notifying the Buyer in writing and obtaining the Buyer’s 's written approval (which is not to be unreasonably withheld or delayedwithheld), without any increase in the Contract Price. 3.2 The Builder shall be solely and directly responsible for all aspects of the design, performance and quality of the building work, and the fact that any calculations, measurements, drawings, plans, test results or any other documents and data relating to the building work shall have been made, prepared or supplied by the Buyer or shown to the Buyer or approved by the Buyer and/or any Regulatory Authority and/or the Classification Society and/or any other specified person(s) or that modifications or alterations shall have been carried out in accordance with the Buyer’s 's requirements FIRST ORIGINAL shall not in any manner or to any extent relieve the Builder from (or otherwise reduce) any of the Builder’s 's obligations and/or liabilities under this Contract. 3.3 All Parts shall be new or (with the Supervisor’s 's prior written approval which shall not be unreasonably withheld or delayedwithheld) unused, of high quality, and in strict and full accordance and compliance with this Contract, the Plans and the Specification and shall otherwise be in strict and full accordance and compliance with the Builder’s 's usual high standards and practices of construction for similar passenger ships. 3.4 The Builder shall pay for all Parts promptly on or before delivery of the Ship or in accordance with usual commercial credit terms. 3.5 The Builder shall furnish: spare parts in accordance with the Specification; and maintenance tools of the kind and in at least the quantities required by the Specification, the Classification Society, and the maker's standards, for items furnished by the Builder. The cost of such spares and tools are included in the Contract Price. The Builder at its own cost and risk shall be responsible for the handling, storing and bringing on board the Ship of all spares and tools. Spares and tools furnished by the Builder shall be properly protected against physical decay, corrosion and mechanical damage and shall be properly listed so that replacements may be readily ordered by the Buyer.

SPECIFICATION AND PLANS. 3.1 The Specification and the Plans describe in detail building work standards, the features of the building work and the general scope of the building work but, although the contents of the Specification and the Plans are believed by the Builder and the Buyer to be accurate, all dimensions and other details shall be independently verified and checked by the Builder and, if there are any errors or omissions in the Specification or Plans which may adversely affect the safety, seaworthiness or technical performance of the Ship, the Builder shall correct the same, after first notifying the Buyer in writing and obtaining the Buyer’s 's written approval (which is not to be unreasonably withheld or delayedwithheld), without any increase in the Contract Price. 3.2 The Builder shall be solely and directly responsible for all aspects of the design, performance and quality of the building work, and the fact that any calculations, measurements, drawings, plans, test results or any other documents and data relating to the building work shall have been made, prepared or supplied by the Buyer or shown to the Buyer or approved by the Buyer and/or any Regulatory Authority and/or the Classification Society and/or any other specified person(s) or that modifications or alterations shall have been carried out in accordance with the Buyer’s 's requirements shall not in any manner or to any extent relieve the Builder from (or otherwise reduce) any of the Builder’s 's obligations and/or liabilities under this Contract. 3.3 All The Builder has purchased various shipbuilding materials, which were manufactured and processed in the United States of America, for use in the construction of the Ship. Otherwise, all Parts shall be new or (with the Supervisor’s 's prior written approval which shall not be unreasonably withheld or delayedwithheld) unused, of high quality, and in strict and full accordance and compliance with this Contract, the Plans and the Specification and shall otherwise be in strict and full accordance and compliance with the Builder’s 's usual high standards and practices of construction for similar passenger ships. The materials to be used for certain components are stated in the Specification. 3.4 The Builder shall pay for all Parts promptly on or before delivery of the Ship or in accordance with usual commercial credit terms. 3.5 The Builder shall furnish: spare parts in accordance with the Specification; and maintenance tools of the kind and in at least the quantities required by the Specification, the Classification Society, and the maker's standards, for items furnished by the Builder. First Original The cost of such spares and tools are included in the Contract Price. The Builder at its own cost and risk shall be responsible for the handling, storing and bringing on board the Ship of all spares and tools. Spares and tools furnished by the Builder shall be properly protected against physical decay, corrosion and mechanical damage and shall be properly listed so that replacements may be readily ordered by the Buyer.

SPECIFICATION AND PLANS. 3.1 The Specification and the Plans describe in detail building work standards, the features of the building work and the general scope of the building work but, although the contents of the Specification and the Plans are believed by the Builder and the Buyer to be accurate, all dimensions and other details shall be independently verified and checked by the Builder and, if there are any errors or omissions in the Specification or Plans which may adversely affect the safety, seaworthiness or technical performance of the Ship, the Builder shall correct the same, after first notifying the Buyer in writing and obtaining the Buyer’s 's written approval (which is not to be unreasonably withheld or delayedwithheld), without any increase in the Contract Price. 3.2 The Builder shall be solely and directly responsible for all aspects of the design, performance and quality of the building work, and the fact that any calculations, measurements, drawings, plans, test results or any other documents and data relating to the building work shall have been made, prepared or supplied by the Buyer or shown to the Buyer or approved by the Buyer and/or any Regulatory Authority and/or the Classification Society Bodies and/or any other specified person(s) or that modifications or alterations shall have been carried out in accordance with the Buyer’s 's requirements shall not in any manner or to any extent relieve the Builder from (or otherwise reduce) any of the Builder’s 's obligations and/or liabilities under this Contract. 3.3 All The Builder has purchased from the Buyer various shipbuilding materials, which were manufactured and processed in the United States of America for use in Ingalls Shipbuilding, Inc.'s Hull No.7672 under the construction xxxxract described in section 8109 of the Department of Defense Appropriation Act for the Fiscal Year 1998 (Public Law 105-56), for use in the construction of the Ship. Otherwise, all Parts shall be new or (with the Supervisor’s 's prior written approval which shall not be unreasonably withheld or delayedwithheld) unused, of high quality, and in strict and full accordance and compliance with this Contract, the Plans and the Specification and shall otherwise be in strict and full accordance and compliance with the Builder’s 's usual high standards and practices of construction for similar passenger ships. The materials to be used for certain components are stated in the Specification. 3.4 The Builder shall pay for all Parts promptly on or before delivery of the Ship or in accordance with usual commercial credit terms. 3.5 The Builder shall furnish: spare parts in accordance with the Specification; and maintenance tools of the kind and in at least the quantities required by the Specification, First Original the Classification Society, and the maker's standards, for items furnished by the Builder. The cost of such spares and tools are included in the Contract Price. The Builder at its own cost and risk shall be responsible for the handling, storing and bringing on board the Ship of all spares and tools. Spares and tools furnished by the Builder shall be properly protected against physical decay, corrosion and mechanical damage and shall be properly listed so that replacements may be readily ordered by the Buyer.