Common use of The Builder Clause in Contracts

The Builder. (i) acknowledges that the Buyer intends to arrange for the Ship’s maiden cruise with fare paying passengers to be held on the Ship’s relocation voyage from the Delivery Port; (ii) acknowledges that it is imperative for the Ship to be ready at the time, and in the condition, provided for in this Contract so as to enable the Buyer to fulfil its commitments in relation to the Ship’s maiden cruise; (iii) agrees to do all it can to assist the Buyer to fulfil its commitments in relation to the Ship’s maiden cruise; and (iv) acknowledges that if delivery of the Ship is not made on the Delivery Date, the Buyer will suffer loss and damage (including reputational damage) in amounts which are extremely difficult to quantify in advance and agrees that the per day sums set out in Clause 2.15 represent a genuine and reasonable pre-estimate of the Buyer’s loss and damage for each day of delay in delivery of the Ship beyond the Delivery Date.

Appears in 6 contracts

Samples: NCL CORP Ltd., NCL CORP Ltd., NCL CORP Ltd.

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The Builder. (i) acknowledges that the Buyer intends to arrange for the Ship’s 's maiden cruise with fare paying passengers to be held on the Ship’s 's relocation voyage from the Delivery Port; (ii) acknowledges that it is imperative for the Ship to be ready at the time, and in the condition, provided for in this Contract so as to enable the Buyer to fulfil its commitments in relation to the Ship’s 's maiden cruise; (iii) agrees to do all it can to assist the Buyer to fulfil its commitments in relation to the Ship’s 's maiden cruise; and (iv) acknowledges that if delivery of the Ship is not made on the Delivery Date, the Buyer will suffer loss and damage (including reputational damage) in amounts which are extremely difficult to quantify in advance and agrees that the per day sums set out in Clause 2.15 represent a genuine and reasonable pre-estimate of the Buyer’s 's loss and damage for each day of delay in delivery of the Ship beyond the Delivery Date.

Appears in 2 contracts

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

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