Common use of Trials Clause in Contracts

Trials. (a) When construction, fitting out and testing of the Vessel have been substantially completed, the Builder shall carry out in strict compliance with the Specifications, all cryogenic trials, gas trials, sea trials, tests and commissioning of the various machinery and equipment which are detailed for subsequent vessels as specified in the Specifications so as to demonstrate that such machinery and equipment are in accordance with the requirements of the Specifications, and shall further demonstrate that the Vessel and all systems function properly. The Builder shall notify the Buyer at least two (2) weeks prior to the trial dates that the Vessel shall be ready for its trials, and the Buyer shall promptly acknowledge receipt of said notices, and said trials shall be carried out in accordance with this Article XVII and the Specifications at the Builder’s sole risk and expense, but in the presence of the Surveyor and the Representatives, in order to ascertain whether said Vessel complies with this Contract. The Builder shall provide fifteen (15) berths on board the Vessel for the Buyer’s Representatives during trials. The said trials shall be carried out regardless of whether or not the Representatives attend. Failure of the Buyer and/or its Representative to attend said trials of the Vessel, after due notice to the Buyer as provided herein, shall be deemed to be a waiver by the Buyer of its right to have the Buyer and/or its Representative on board the Vessel at the trials. In such case, the Buyer shall accept the results of the trials on the basis of the Builder’s statement, certified by the Classification Society. The Builder shall be responsible for all acts or omissions (whether negligent or not) of its employees or representatives, including its officers, crew and pilots, or any compulsory pilots or inspectors required for the trials. The said trials shall be conducted in accordance with the Specifications. Unless the said trials reveal deficiency(ies) and/or failures and therefore valid complaints as to the fulfillment of this Contract, the Vessel shall be delivered as provided for in Article V. (b) The Buyer or its Representative shall have access to all data being taken and all calculations during the said trials, and if the Buyer or its Representative should detect any deficiencies and/or failures during the said trials, the Buyer or its Representative shall give to the Builder (as soon as possible but in any event within seventy-two (72) hours after the completion of the trials) notice that such deficiencies and/or failures exist with a short description of said deficiencies and/or failures. Rectification of any such deficiencies and/or failures shall be made in accordance with the terms of this Article XVII. (c) If any said deficiencies and/or failures are detected during the said trials, the Builder shall rectify same and then, by a fresh trial of like duration, or necessary trials/tests of the specific parts rectified, establish that said deficiencies and/or failures have been rectified in accordance with the Plans, Specifications and this Contract. (d) Any delay in Delivery arising as a result of said trials shall be the sole responsibility of the Builder. (e) In the event of unfavorable weather as agreed between the Builder and Buyer, on the date specified for the said trials, they shall take place on the first available day thereafter that the weather conditions permit. It is agreed that if during the trials of the Vessel the weather should suddenly become unfavorable, as would have precluded the commencement of the trials had the change in weather occurred before the trials had started, then, and in such event, the trials of the Vessel shall be discontinued and postponed until the first favorable day next following, unless the Buyer shall assent in writing to Acceptance of the Vessel on the basis of the trials made prior to such sudden change in weather conditions. Any delay of the trials of more than forty-eight (48) hour caused by such unfavorable weather conditions shall extend the Delivery Date by the period of delay occasioned by such unfavorable weather conditions. (f) Fuel oil, lubricating oils and greases required for any and all trials shall be purchased and supplied by the Buyer with the assistance of the Builder if requested, unless the Parties shall agree otherwise. The Builder shall pay the Buyer the cost of the fuel oil, lubricating oils and greases actually consumed by the Builder up to the date of Delivery at the Buyer’s original purchase prices. (g) Following completion of sea trials, Builder shall obtain, and load the Vessel with a sufficient quantity of LNG for the purpose of carrying out gas trials in accordance with the Specifications. Buyer shall provide reasonable assistance, if desired to obtain the needed LNG. Builder shall bear the cost and risk of: i) providing and loading sufficient LNG and/or other liquefied gases, to completely test the cargo system. ii) discharging the LNG or other liquefied gases remaining on board after completion of trials. A. If at Buyer’s request, the Vessel must depart the trial location such that there is insufficient time to discharge the LNG remaining on board (less vapors), Buyer shall reimburse Builder for the liquid remains at a price equivalent to that paid by Builder to the LNG provider. iii) any such gases consumed during trials. iv) all costs associated with the use of the gas terminal including port charges. (h) Following completion of gas trials, the Vessel and its appurtenances shall be inspected in accordance with the Specifications to the satisfaction of the Buyer’s Representative.

Trials. (a) When construction, fitting out and testing of the Vessel have been substantially completed, the Builder shall carry out in strict compliance with the Specifications, Specifications all cryogenic trials, gas trials, sea trials, tests and commissioning of the various machinery and equipment which are detailed for subsequent vessels as specified in the Specifications so as to demonstrate that such machinery and equipment are in accordance with the requirements of the Specifications, and shall further demonstrate that the Vessel and all systems function properly. The Builder shall notify the Buyer at least two fifteen (215) weeks days prior to the trial dates date that the Vessel shall be ready for its trials, trials and the Buyer shall promptly acknowledge receipt of said noticessuch notice, and said trials shall be carried out (on the date set forth in accordance with this Article XVII said notice, in the open sea and the Specifications at the Builder’s 's sole risk and expense, but in the presence of the Surveyor and the RepresentativesRepresentative), in order to ascertain whether said Vessel complies with this Contract. The Builder shall provide fifteen five (155) berths on board the Vessel for the Buyer’s Representatives 's representatives during sea trials. The said trials shall be carried out regardless of whether the Representative should attend or not the Representatives attend. Failure of the Buyer and/or its Representative to attend said trials of the Vessel, after due notice to the Buyer as provided herein, shall be deemed to be a waiver by the Buyer of its right to have the Buyer and/or its Representative on board the Vessel at the trials. In such case, the Buyer shall accept the results of the trials on the basis of the Builder’s statement, certified by the Classification Societydate set forth in said notice. The Builder shall be responsible for all acts or omissions (whether negligent or not) of its employees or representatives, including its officers, crew and pilots, or any compulsory pilots or inspectors required for the trials. The said trials shall be conducted in accordance with the Specifications. Unless the said trials reveal deficiency(ies) and/or failures and therefore valid complaints as to the fulfillment of this Contract, the Vessel shall be delivered as provided for in Article V.IV. Failure of the Buyer and/or its Representative to attend the said trials of the Vessel, after due notice to the Buyer as provided herein, shall be deemed to be a waiver by the Buyer of its right to have the Buyer and/or its Representative on board the Vessel at the trials. In such case, the Buyer shall accept the Vessel on the basis of the Builder's statement that the Vessel, upon completion of the trials is found to conform to this Contract and the Specifications. (b) The Buyer or its Representative shall have access to all data being taken and all calculations during the said trials, trials and if the Buyer or its Representative Representatives should detect any deficiencies and/or failures during the said trials, the Buyer or its Representative shall give to the Builder (as soon as possible but in any event prior to completion of the trials and subsequently confirmed in writing within seventy-two (72) hours after the completion of the trials) notice that such deficiencies and/or failures exist exists with a short description of said deficiencies and/or failures. Rectification of any such deficiencies and/or failures shall be made in accordance with the terms of this Article XVIIXVI. (c) If any said deficiencies and/or failures are detected during the said trials, the Builder shall rectify same and then, then by a fresh trial trials of like duration, or necessary trials/tests of the specific parts rectified, establish establish, that said deficiencies and/or failures have been rectified in accordance with the Plans, Specifications and this Contract. (d) For the said trials, the Builder, at its expense, shall load the Vessel by ballasting to the loaded and ballast drafts as defined in the Specifications. Any delay in a Vessel's Delivery arising as a result of said trials shall be the sole responsibility of the Builder. (e) In the event of unfavorable weather as agreed between the Builder and Buyer, on the date specified for the said trials, they shall take place on the first available day thereafter that the weather conditions permit. It is agreed that if during the trials of the Vessel the weather should suddenly become unfavorable, as would have precluded the commencement of the trials had the change in weather occurred before the trials had started, then, and in such event, the trials of the Vessel shall be discontinued and postponed until the first favorable day next following, unless the Buyer shall assent in writing to Acceptance of the Vessel on the basis of the trials made prior to such sudden change in weather conditions. Any delay of the trials of more than forty-eight (48) hour caused by such unfavorable weather conditions shall extend the Delivery Date by the period of delay occasioned by such unfavorable weather conditions. (f) Fuel oil, lubricating oils oils, and greases required for the trials or any and all other trials shall be purchased and supplied by the Buyer with the assistance of the Builder if requestedBuyer, unless the Parties parties shall agree otherwiseotherwise agree. The Builder shall pay the Buyer the cost of the fuel oil, lubricating oils and greases actually consumed by the Builder up to the date of Delivery at the Buyer’s 's original purchase prices. (g) Following completion of sea trials, Builder shall obtain, and load the Vessel with a sufficient quantity of LNG for the purpose of carrying out gas trials in accordance with the Specifications. Buyer shall provide reasonable assistance, if desired to obtain the needed LNG. Builder shall bear the cost and risk of: i) providing and loading sufficient LNG and/or other liquefied gases, to completely test the cargo system. ii) discharging the LNG or other liquefied gases remaining on board after completion of trials. A. If at Buyer’s request, the Vessel must depart the trial location such that there is insufficient time to discharge the LNG remaining on board (less vapors), Buyer shall reimburse Builder for the liquid remains at a price equivalent to that paid by Builder to the LNG provider. iii) any such gases consumed during trials. iv) all costs associated with the use of the gas terminal including port charges. (h) Following completion of gas trials, the Vessel and its appurtenances shall be inspected in accordance with the Specifications to the satisfaction of the Buyer’s Representative.

Trials. (a) When construction, fitting out and testing of the Vessel have been substantially completed, the Builder shall carry out in strict compliance with the Specifications, all cryogenic trials, gas trials, sea trials, tests and commissioning of the various machinery and equipment which are detailed for subsequent vessels Vessels as specified in the Specifications so as to demonstrate that such machinery and equipment are in accordance with the requirements of the Specifications, and shall further demonstrate that the Vessel and all systems function properly. The Builder shall notify the Buyer at least two (2) weeks prior to the trial dates that the Vessel shall be ready for its trials, and the Buyer shall promptly acknowledge receipt of said notices, and said trials shall be carried out in accordance with this Article XVII and the Specifications at the Builder’s sole risk and expense, but in the presence of the Surveyor and the Representatives, in order to ascertain whether said Vessel complies with this Contract. The Builder shall provide fifteen (15) berths on board the Vessel for the Buyer’s Representatives during trials. The said trials shall be carried out regardless of whether or not the Representatives attend. Failure of the Buyer and/or its Representative to attend said trials of the Vessel, after due notice to the Buyer as provided herein, shall be deemed to be a waiver by the Buyer of its right to have the Buyer and/or its Representative on board the Vessel at the trials. In such case, the Buyer shall accept the results of the trials on the basis of the Builder’s statement, certified by the Classification Society. The Builder shall be responsible for all acts or omissions (whether negligent or not) of its employees or representatives, including its officers, crew and pilots, or any compulsory pilots or inspectors required for the trials. The said trials shall be conducted in accordance with the Specifications. Unless the said trials reveal deficiency(ies) and/or failures and therefore valid complaints as to the fulfillment of this Contract, the Vessel shall be delivered as provided for in Article V. (b) The Buyer or its Representative shall have access to all data being taken and all calculations during the said trials, and if the Buyer or its Representative should detect any deficiencies and/or failures during the said trials, the Buyer or its Representative shall give to the Builder (as soon as possible but in any event within seventy-two (72) hours after the completion of the trials) notice that such deficiencies and/or failures exist with a short description of said deficiencies and/or failures. Rectification of any such deficiencies and/or failures shall be made in accordance with the terms of this Article XVII. (c) If any said deficiencies and/or failures are detected during the said trials, the Builder shall rectify same and then, by a fresh trial of like duration, or necessary trials/tests of the specific parts rectified, establish that said deficiencies and/or failures have been rectified in accordance with the Plans, Specifications and this Contract. (d) Any delay in Delivery arising as a result of said trials shall be the sole responsibility of the Builder. (e) In the event of unfavorable weather as agreed between the Builder and Buyer, on the date specified for the said trials, they shall take place on the first available day thereafter that the weather conditions permit. It is agreed that if during the trials of the Vessel the weather should suddenly become unfavorable, as would have precluded the commencement of the trials had the change in weather occurred before the trials had started, then, and in such event, the trials of the Vessel shall be discontinued and postponed until the first favorable day next following, unless the Buyer shall assent in writing to Acceptance of the Vessel on the basis of the trials made prior to such sudden change in weather conditions. Any delay of the trials of more than forty-eight (48) hour caused by such unfavorable weather conditions shall extend the Delivery Date by the period of delay occasioned by such unfavorable weather conditions. (f) Fuel oil, lubricating oils and greases required for any and all trials shall be purchased and supplied by the Buyer with the assistance of the Builder if requested, unless the Parties shall agree otherwise. The Builder shall pay the Buyer the cost of the fuel oil, lubricating oils and greases actually consumed by the Builder up to the date of Delivery at the Buyer’s original purchase prices. (g) Following completion of sea trials, Builder shall obtain, and load the Vessel with a sufficient quantity of LNG for the purpose of carrying out gas trials in accordance with the Specifications. Buyer shall provide reasonable assistance, if desired to obtain the needed LNG. Builder shall bear the cost and risk of: i) providing and loading sufficient LNG and/or other liquefied gases, to completely test the cargo system. ii) discharging the LNG or other liquefied gases remaining on board after completion of trials. A. If at Buyer’s request, the Vessel must depart the trial location such that there is insufficient time to discharge the LNG remaining on board (less vapors), Buyer shall reimburse Builder for the liquid remains at a price equivalent to that paid by Builder to the LNG provider. iii) any such gases consumed during trials. iv) all costs associated with the use of the gas terminal including port charges. (h) Following completion of gas trials, the Vessel and its appurtenances shall be inspected in accordance with the Specifications to the satisfaction of the Buyer’s Representative.

Trials. (a) When construction, fitting out and testing TECHNICAL ACCEPTANCE 13.1. At least 120 days before the scheduled commencement of the Vessel have been substantially completed, same the Builder shall carry out submit to the Purchaser for approval comprehensive testing and trials programmes covering the Full Scale Test and Trials (collectively the "Trials") as generally described in strict compliance with the Specifications, all cryogenic trials, gas trials, sea trials, tests and commissioning of the various machinery and equipment which are detailed for subsequent vessels as specified in the Specifications so as to demonstrate that such machinery and equipment are in accordance with the requirements Section 03000 of the Specifications, including (i) Workshop Tests, (ii) Quayside Trials (including the Inclining Test), and shall further demonstrate that the Vessel (iii) Sea Trials (including trial runs and all systems function properlyother tests at sea). 13.2. The Trials shall be conducted at the risk and expense of the Builder which shall provide and pay for the personnel necessary for the safe management and navigation of tile Vessel during the same. The Builder shall notify also provide and pay for all necessary ballast and fresh water and shall meet all other costs associated with the Buyer at least two (2) weeks prior to Trials. The fuels, lubricants and consumable stores required for the trial dates that the Vessel Trials shall be ready specified, supplied and paid for its trialsby the Purchaser, and who shall upon Delivery be entitled to reimbursement from the Buyer shall promptly acknowledge receipt of said notices, and said trials shall be carried out in accordance with this Article XVII and the Specifications at the Builder’s sole risk and expense, but in the presence Builder of the Surveyor costs of such fuels, lubricants and consumable stores as are consumed during the Representatives, in order to ascertain whether said Vessel complies with this ContractTrials. 13.3. The Builder shall provide fifteen (15) berths on board give the Purchaser not less than seven Working Days' notice of the date and place of commencement of each of the Trials and representatives of the Purchaser shall be afforded every opportunity to observe and determine the performance of the Vessel for during the Buyer’s Representatives during trials. The said trials shall be carried out regardless of whether or not the Representatives attendsame. Failure of by the Buyer and/or its Representative Purchaser to attend said trials of the Vessel, after any Trial following due notice to the Buyer as provided herein, shall be deemed to be a waiver by the Buyer Purchaser of its right to rights of attendance in respect of such Trial. SEA TRIALS 13.4. The Sea Trials shall be carried out following satisfactory conclusion of all other Trials and after the Vessel's construction has been completed with only minor items of work outstanding which are agreed by the Authorised Representatives as suitable for completion after the Sea Trials but before Delivery. 13.5. The Sea Trials shall have the Buyer and/or its Representative objective of permitting the Builder to demonstrate fulfilment of the quality and performance requirements for the Vessel as set forth in the Specifications. The course to be followed during the Sea Trials shall be determined by the Builder, but shall be in open waters off Korea. The Purchaser shall be allowed to maintain a shadow crew and other necessary personnel on board the Vessel at during the trialssea trials to familiarise themselves with the Vessel and its operation. 13.6. In such case, the Buyer shall accept the results The safe management and navigation of the trials on Vessel in transit to, during and from the basis of the Builder’s statement, certified by the Classification Society. The Builder Sea Trials shall be responsible for all acts or omissions (whether negligent or not) of its employees or representatives, including its officers, crew and pilots, or any compulsory pilots or inspectors required for the trials. The said trials shall be conducted in accordance with the Specifications. Unless the said trials reveal deficiency(ies) and/or failures and therefore valid complaints as to the fulfillment of this Contract, the Vessel shall be delivered as provided for in Article V. (b) The Buyer or its Representative shall have access to all data being taken and all calculations during the said trials, and if the Buyer or its Representative should detect any deficiencies and/or failures during the said trials, the Buyer or its Representative shall give to the Builder (as soon as possible but in any event within seventy-two (72) hours after the completion of the trials) notice that such deficiencies and/or failures exist with a short description of said deficiencies and/or failures. Rectification of any such deficiencies and/or failures shall be made in accordance with the terms of this Article XVII. (c) If any said deficiencies and/or failures are detected during the said trials, the Builder shall rectify same and then, by a fresh trial of like duration, or necessary trials/tests of the specific parts rectified, establish that said deficiencies and/or failures have been rectified in accordance with the Plans, Specifications and this Contract. (d) Any delay in Delivery arising as a result of said trials shall be remain the sole responsibility of the Builder. Neither the Purchaser nor any of its representatives shall bear or be liable for loss or damage of any description done by or to the Vessel, or personal injury or loss of life arising from any cause whatsoever during the same, except where such liability is directly attributable to the Purchaser as a result of a wilful act by any representative of the Purchaser on board the Vessel during such trials; the Builder shall pay for and indemnify tile Purchaser and its representatives against all such loss, damage and the consequences of personal injury and loss of life as aforesaid. (e) In the event of unfavorable weather as agreed between the Builder and Buyer, on the date specified for the said trials, they shall take place on the first available day thereafter that 13.7. Should the weather conditions permit. It is agreed at the time scheduled for the Sea Trials be such that if during the trials of the Vessel the weather should suddenly become unfavorable, as would have precluded the commencement of the trials had the change in weather occurred before the trials had started, then, and in such eventthey cannot be carried out properly, the trials Builder shall postpone them or such part of them as necessary to the Vessel shall be discontinued earliest possible time when suitable weather conditions occur to ensure that all readings and postponed until results are obtained in a manner satisfactory to the first favorable day next following, unless the Buyer shall assent in writing to Acceptance of the Vessel on the basis of the trials made prior to such sudden change in weather conditionsPurchaser. Any delay of to the trials of more than forty-eight (48) hour Sea Trials caused by such unfavorable unfavourable weather conditions conditions, if the delay exceeds five (5) days, shall extend operate to postpone the Contractual Delivery Date by the period of delay occasioned by involved and such unfavorable weather conditionsdelay shall be deemed to be Permissible Delay. (f) Fuel oil13.8. If during the Sea Trials any breakdown occurs which entails interruption or irregular performance and the breakdown can be repaired by the normal means available on board, lubricating oils and greases required for any and all trials this shall be purchased done as soon as possible and supplied by the Buyer with the assistance of the Builder if requested, unless the Parties trial shall agree otherwisebe continued after repairs are completed. The Builder shall pay the Buyer the cost of the fuel oil, lubricating oils and greases actually consumed by the Builder up to the date of Delivery at the Buyer’s original purchase prices. (g) Following completion of sea trials, Builder shall obtain, and load the Vessel with a sufficient quantity of LNG for the purpose of carrying out gas trials in accordance with the Specifications. Buyer shall provide reasonable assistanceHowever, if desired to obtain the needed LNG. Builder shall bear the cost and risk of: i) providing and loading sufficient LNG and/or other liquefied gases, to completely test the cargo system. ii) discharging the LNG or other liquefied gases remaining on board after completion of trials. A. If at Buyer’s request, the Vessel must depart return to a port to enable the breakdown to be remedied, a further complete trial location such that there is insufficient time to discharge shall be undertaken at the LNG remaining on board (less vapors), Buyer shall reimburse Builder for the liquid remains at a price equivalent to that paid by Builder to the LNG providerearliest opportunity. iii) any such gases consumed during trials. iv) all costs associated with the use 13.9. On completion of the gas terminal including port charges. (h) Following completion of gas trials, the Vessel and its appurtenances shall be inspected in accordance with the Specifications Sea Trials to the satisfaction of the Buyer’s RepresentativePurchaser the Vessel shall be brought back to a berth in the Shipyard, or elsewhere as may be agreed, for the inspection of the machinery required in the Specifications, and during this period all defects or omissions found in the Vessel shall be remedied and made good by the Builder to the satisfaction of the Purchaser, and the machinery closed up by the Builder ready for sea at its expense and without expense to the Purchaser. TECHNICAL ACCEPTANCE 13.10. Within three Working Days of completion of the Trials and the closing up of machinery referred to in sub-clause 9 above, the Builder shall notify the Purchaser in writing of the results of the Trials and shall, where the same is appropriate, confirm to the Purchaser that the Vessel conforms with the requirements of the Contract and Specifications. If the Purchaser is in agreement with the Builder, the Purchaser shall, within four (4) Working Days of receipt of the Builder's notice as aforesaid, advise the Builder in writing of its Technical Acceptance of the Vessel. 13.11. If, however, in the view of the Purchaser the Vessel or any part thereof does not conform to the requirements of this Contract and/or the Specifications, the Purchaser shall so advise the Builder (again within four (4) Working Days of the receipt of the Builder's notice as aforesaid) and shall specify the respects in which the Vessel falls to conform with the requirements of this Contract and Specifications. The Builder shall thereupon take the necessary steps to correct such non-conformities and, upon completion of such works, the Builder shall advise the Purchaser who shall, in the reasonable exercise of its discretion, be entitled to require the Builder to undertake further trials of the Vessel; in such event the Builder shall give the Purchaser three Working Days' notice of such further trials. 13.12. Upon satisfactory completion of such remedial works and/or trials, the Purchaser shall, within four (4) Working Days after receipt of a further notice from the Builder that the Vessel conforms with the requirements of the Contract and Specifications, notify the Builder of its Technical Acceptance of the Vessel or the respects in which the Vessel still fails to conform with the requirements of this Contract and the Specifications. This process shall be repeated until the earlier of (a) the Purchaser's Technical Acceptance of the Vessel or (b) the valid and proper termination or rescission of this Contract by either the Purchaser or the Builder. 13.13. If the Purchaser falls to notify the Builder in writing of its Technical Acceptance or otherwise of the Vessel within the periods as provided above the Purchaser shall be deemed to have accepted the Vessel. 13.14. The Purchaser's Technical Acceptance of the Vessel as above provided shall preclude the Purchaser from refusing Delivery of the Vessel as hereinafter provided, if the Builder complies with the procedural requirements for Delivery of the Vessel as provided in Clause 14 hereof.

Trials. (a) When construction, fitting out and testing None of the Vessel Company’s product candidates have been substantially completedreceived marketing approval from any Applicable Regulatory Authority. All clinical and pre-clinical studies and trials conducted by or on behalf of or sponsored by the Company, or in which the Company has participated, with respect to the Company’s product candidates, including any such studies and trials that are described in the Registration Statement, the Builder shall carry out in strict compliance with Time of Sale Prospectus and the SpecificationsProspectus, all cryogenic trials, gas trials, sea trials, tests and commissioning or the results of the various machinery and equipment which are detailed for subsequent vessels as specified referred to in the Specifications so Registration Statement, the Time of Sale Prospectus and the Prospectus, as to demonstrate that such machinery applicable (collectively, “Company Trials”), were, and equipment are if still pending are, being conducted in all material respects in accordance with the requirements all applicable Health Care Laws of the SpecificationsApplicable Regulatory Authorities and current Good Clinical Practices, standard medical and shall further demonstrate that scientific research procedures and any applicable rules, regulations and policies of the Vessel jurisdiction in which such trials and all systems function properly. The Builder shall notify studies are being conducted; the Buyer at least two (2) weeks prior to descriptions in the trial dates that Registration Statement, the Vessel shall be ready for its trials, Time of Sale Prospectus and the Buyer shall promptly acknowledge receipt Prospectus of said notices, and said trials shall be carried out in accordance with this Article XVII and the Specifications at the Builder’s sole risk and expense, but in the presence of the Surveyor and the Representatives, in order to ascertain whether said Vessel complies with this Contract. The Builder shall provide fifteen (15) berths on board the Vessel for the Buyer’s Representatives during trials. The said trials shall be carried out regardless of whether or not the Representatives attend. Failure of the Buyer and/or its Representative to attend said trials of the Vessel, after due notice to the Buyer as provided herein, shall be deemed to be a waiver by the Buyer of its right to have the Buyer and/or its Representative on board the Vessel at the trials. In such case, the Buyer shall accept the results of any Company Trials are accurate and complete descriptions in all material respects and fairly present the data derived therefrom; the Company has no knowledge of any other studies or trials on not described in the basis Registration Statement, the Time of Sale Prospectus and the Prospectus, the results of which are inconsistent with or call into question the results described or referred to in the Registration Statement, the Time of Sale Prospectus and the Prospectus; the Company has operated at all times and is currently in compliance in all material respects with all applicable Health Care Laws of the BuilderApplicable Regulatory Authorities; the Company has not received, nor does the Company have knowledge after due inquiry that any of its collaboration partners have received any written notices, correspondence or other communications from the Applicable Regulatory Authorities or any other governmental entity requiring or threatening the termination, material modification or suspension of Company Trials, other than ordinary course communications with respect to modifications in connection with the design and implementation of such studies or trials, and, to the Company’s statementknowledge, certified there are no reasonable grounds for the same. No investigational new drug application or comparable submission filed by or on behalf of the Company with the FDA has been terminated or suspended by the Classification SocietyFDA or any other Applicable Regulatory Authority. The Builder shall Company has obtained (or caused to be responsible for all acts obtained) informed consent by or omissions (whether negligent on behalf of each human subject who participated in a Company Trial. In using or not) of its employees or representatives, including its officers, crew and pilots, or any compulsory pilots or inspectors required for disclosing patient information received by the trials. The said trials shall be conducted Company in accordance connection with the Specifications. Unless the said trials reveal deficiency(ies) and/or failures and therefore valid complaints as to the fulfillment of this Contracta Company Trial, the Vessel shall be delivered as provided for Company has complied in Article V. (b) The Buyer all material respects with all applicable laws and regulatory rules or its Representative shall have access to all data being taken requirements, including, without limitation, HIPAA and all calculations during the said trialsrules and regulations thereunder. To the Company’s knowledge, and if the Buyer or its Representative should detect any deficiencies and/or failures during the said trials, the Buyer or its Representative shall give to the Builder (as soon as possible but in any event within seventy-two (72) hours after the completion none of the trials) notice that such deficiencies and/or failures exist with a short description of said deficiencies and/or failures. Rectification of Company Trials involved any such deficiencies and/or failures shall be made in accordance with the terms of this Article XVII. (c) If any said deficiencies and/or failures are detected during the said trials, the Builder shall rectify same and then, by a fresh trial of like duration, or necessary trials/tests of the specific parts rectified, establish that said deficiencies and/or failures have investigator who has been rectified in accordance with the Plans, Specifications and this Contract. (d) Any delay in Delivery arising disqualified as a result of said trials shall be the sole responsibility of the Builder. (e) In the event of unfavorable weather as agreed between the Builder and Buyer, on the date specified for the said trials, they shall take place on the first available day thereafter that the weather conditions permit. It is agreed that if during the trials of the Vessel the weather should suddenly become unfavorable, as would have precluded the commencement of the trials had the change in weather occurred before the trials had started, then, and in such event, the trials of the Vessel shall be discontinued and postponed until the first favorable day next following, unless the Buyer shall assent in writing to Acceptance of the Vessel on the basis of the trials made prior to such sudden change in weather conditions. Any delay of the trials of more than forty-eight (48) hour caused by such unfavorable weather conditions shall extend the Delivery Date clinical investigator or has been found by the period of delay occasioned by such unfavorable weather conditionsFDA to have engaged in scientific misconduct. (f) Fuel oil, lubricating oils and greases required for any and all trials shall be purchased and supplied by the Buyer with the assistance of the Builder if requested, unless the Parties shall agree otherwise. The Builder shall pay the Buyer the cost of the fuel oil, lubricating oils and greases actually consumed by the Builder up to the date of Delivery at the Buyer’s original purchase prices. (g) Following completion of sea trials, Builder shall obtain, and load the Vessel with a sufficient quantity of LNG for the purpose of carrying out gas trials in accordance with the Specifications. Buyer shall provide reasonable assistance, if desired to obtain the needed LNG. Builder shall bear the cost and risk of: i) providing and loading sufficient LNG and/or other liquefied gases, to completely test the cargo system. ii) discharging the LNG or other liquefied gases remaining on board after completion of trials. A. If at Buyer’s request, the Vessel must depart the trial location such that there is insufficient time to discharge the LNG remaining on board (less vapors), Buyer shall reimburse Builder for the liquid remains at a price equivalent to that paid by Builder to the LNG provider. iii) any such gases consumed during trials. iv) all costs associated with the use of the gas terminal including port charges. (h) Following completion of gas trials, the Vessel and its appurtenances shall be inspected in accordance with the Specifications to the satisfaction of the Buyer’s Representative.

Trials. (a) When construction, fitting out and testing TECHNICAL ACCEPTANCE 13.1. At least 120 days before the scheduled commencement of the Vessel have been substantially completed, same the Builder shall carry out submit to the Purchaser for approval comprehensive testing and trials programmes covering the Full Scale Test and Trials (collectively the "Trials") as generally described in strict compliance with the Specifications, all cryogenic trials, gas trials, sea trials, tests and commissioning of the various machinery and equipment which are detailed for subsequent vessels as specified in the Specifications so as to demonstrate that such machinery and equipment are in accordance with the requirements Section 03000 of the Specifications, including (i) Workshop Tests, (ii) Quayside Trials (including the Inclining Test), and (iii) Sea Trials (including trial runs and all other tests at sea). 13.2. The Trials shall further demonstrate that be conducted at the risk and expense of the Builder which shall provide and pay for the personnel necessary for the safe management and navigation of the Vessel and all systems function properlyduring the same. The Builder shall notify also provide and pay for all necessary ballast and fresh water and shall meet all other costs associated with the Buyer at least two (2) weeks prior to Trials. The fuels, lubricants and consumable stores required for the trial dates that the Vessel Trials shall be ready specified, supplied and paid for its trialsby the Purchaser, and who shall upon Delivery be entitled to reimbursement from the Buyer shall promptly acknowledge receipt of said notices, and said trials shall be carried out in accordance with this Article XVII and the Specifications at the Builder’s sole risk and expense, but in the presence Builder of the Surveyor costs of such fuels, lubricants and consumable stores as are consumed during the Representatives, in order to ascertain whether said Vessel complies with this ContractTrials. 13.3. The Builder shall provide fifteen (15) berths on board give the Purchaser not less than seven Working Days' notice of the date and place of commencement of each of the Trials and representatives of the Purchaser shall be afforded every opportunity to observe and determine the performance of the Vessel for during the Buyer’s Representatives during trials. The said trials shall be carried out regardless of whether or not the Representatives attendsame. Failure of by the Buyer and/or its Representative Purchaser to attend said trials of the Vessel, after any Trial following due notice to the Buyer as provided herein, shall be deemed to be a waiver by the Buyer Purchaser of its right to rights of attendance in respect of such Trial. SEA TRIALS 13.4. The Sea Trials shall be carried out following satisfactory conclusion of all other Trials and after the Vessel's construction has been completed with only minor items of work outstanding which are agreed by the Authorised Representatives as suitable for completion after the Sea Trials but before Delivery. 13.5. The Sea Trials shall have the Buyer and/or its Representative objective of permitting the Builder to demonstrate fulfilment of the quality and performance requirements for the Vessel as set forth in the Specifications. The course to be followed during the Sea Trials shall be determined by the Builder, but shall be in open waters off Korea. The Purchaser shall be allowed to maintain a shadow crew and other necessary personnel on board the Vessel at during the trialssea trials to familiarise themselves with the Vessel and its operation. 13.6. In such case, the Buyer shall accept the results The safe management and navigation of the trials on Vessel in transit to, during and from the basis of the Builder’s statement, certified by the Classification Society. The Builder Sea Trials shall be responsible for all acts or omissions (whether negligent or not) of its employees or representatives, including its officers, crew and pilots, or any compulsory pilots or inspectors required for the trials. The said trials shall be conducted in accordance with the Specifications. Unless the said trials reveal deficiency(ies) and/or failures and therefore valid complaints as to the fulfillment of this Contract, the Vessel shall be delivered as provided for in Article V. (b) The Buyer or its Representative shall have access to all data being taken and all calculations during the said trials, and if the Buyer or its Representative should detect any deficiencies and/or failures during the said trials, the Buyer or its Representative shall give to the Builder (as soon as possible but in any event within seventy-two (72) hours after the completion of the trials) notice that such deficiencies and/or failures exist with a short description of said deficiencies and/or failures. Rectification of any such deficiencies and/or failures shall be made in accordance with the terms of this Article XVII. (c) If any said deficiencies and/or failures are detected during the said trials, the Builder shall rectify same and then, by a fresh trial of like duration, or necessary trials/tests of the specific parts rectified, establish that said deficiencies and/or failures have been rectified in accordance with the Plans, Specifications and this Contract. (d) Any delay in Delivery arising as a result of said trials shall be remain the sole responsibility of the Builder. Neither the Purchaser nor any of its representatives shall bear or be liable for loss or damage of any description done by or to the Vessel, or personal injury or loss of life arising from any cause whatsoever during the same, except where such liability is directly attributable to the Purchaser as a result of a wilful act by any representative of the Purchaser on board the Vessel during such trials; the Builder shall pay for and indemnify the Purchaser and its representatives against all such loss, damage and the consequences of personal injury and loss of life as aforesaid. (e) In the event of unfavorable weather as agreed between the Builder and Buyer, on the date specified for the said trials, they shall take place on the first available day thereafter that 13.7. Should the weather conditions permit. It is agreed at the time scheduled for the Sea Trials be such that if during the trials of the Vessel the weather should suddenly become unfavorable, as would have precluded the commencement of the trials had the change in weather occurred before the trials had started, then, and in such eventthey cannot be carried out properly, the trials Builder shall postpone them or such part of them as necessary to the Vessel shall be discontinued earliest possible time when suitable weather conditions occur to ensure that all readings and postponed until results are obtained in a manner satisfactory to the first favorable day next following, unless the Buyer shall assent in writing to Acceptance of the Vessel on the basis of the trials made prior to such sudden change in weather conditionsPurchaser. Any delay of to the trials of more than forty-eight (48) hour Sea Trials caused by such unfavorable unfavourable weather conditions conditions, if the delay exceeds five (5) days, shall extend operate to postpone the Contractual Delivery Date by the period of delay. involved and such delay occasioned by such unfavorable weather conditionsshall be deemed to be Permissible Delay. (f) Fuel oil13.8. If during the Sea Trials any, lubricating oils breakdown occurs which entails interruption or irregular performance and greases required for any and all trials the breakdown can be repaired by the normal means available on board, this shall be purchased done as soon as possible and supplied by the Buyer with the assistance of the Builder if requested, unless the Parties trial shall agree otherwisebe continued after repairs are completed. The Builder shall pay the Buyer the cost of the fuel oil, lubricating oils and greases actually consumed by the Builder up to the date of Delivery at the Buyer’s original purchase prices. (g) Following completion of sea trials, Builder shall obtain, and load the Vessel with a sufficient quantity of LNG for the purpose of carrying out gas trials in accordance with the Specifications. Buyer shall provide reasonable assistanceHowever, if desired to obtain the needed LNG. Builder shall bear the cost and risk of: i) providing and loading sufficient LNG and/or other liquefied gases, to completely test the cargo system. ii) discharging the LNG or other liquefied gases remaining on board after completion of trials. A. If at Buyer’s request, the Vessel must depart return to a port to enable the breakdown to be remedied, a further complete trial location such that there is insufficient time to discharge shall be undertaken at the LNG remaining on board (less vapors), Buyer shall reimburse Builder for the liquid remains at a price equivalent to that paid by Builder to the LNG providerearliest opportunity. iii) any such gases consumed during trials. iv) all costs associated with the use 13.9. On completion of the gas terminal including port charges. (h) Following completion of gas trials, the Vessel and its appurtenances shall be inspected in accordance with the Specifications Sea Trials to the satisfaction of the Buyer’s RepresentativePurchaser the Vessel shall be brought back to a berth in the Shipyard, or elsewhere as may be agreed, for the inspection of the machinery required in the Specifications, and during this period all defects or omissions found in the Vessel shall be remedied and made good by the Builder to the satisfaction of the Purchaser, and the machinery closed up by the Builder ready for sea at its expense and without expense to the Purchaser. TECHNICAL ACCEPTANCE 13.10. Within three Working Days of completion of the Trials and the closing up of machinery referred to in sub-clause 9 above, the Builder shall notify the Purchaser in writing of the results of the Trials and shall, where the same is appropriate, confirm to the Purchaser that the Vessel conforms with the requirements of the Contract and Specifications. If the Purchaser is in agreement with the Builder, the Purchaser shall, within four (4) Working Days of receipt of the Builder's notice as aforesaid, advise the Builder in writing of its Technical Acceptance of the Vessel. 13.11. If, however, in the view of the Purchaser the Vessel or any part thereof does not conform to the requirements of this Contract and/or the Specifications, the Purchaser shall so advise the Builder (again within four (4) Working Days of the receipt of the Builder's notice as aforesaid) and shall specify the respects in which the Vessel fails to conform with the requirements of this Contract and Specifications. The Builder shall thereupon take the necessary steps to correct such non-conformities and, upon completion of such works, the Builder shall advise the Purchaser who shall, in the reasonable exercise of its discretion, be entitled to require the Builder to undertake further trials of the Vessel; in such event the Builder shall give the Purchaser three Working Days' notice of such further trials. 13.12. Upon satisfactory completion of such remedial works and/or trials, the Purchaser shall, within four (4) Working Days after receipt of a further notice from the Builder that the Vessel conforms with the requirements of the Contract and Specifications, notify the Builder of its Technical Acceptance of the Vessel or the respects in which the Vessel still fails to conform with the requirements of this Contract and the Specifications. This process shall be repeated until the earlier of (a) the Purchaser's Technical Acceptance of the Vessel or (b) the valid and proper termination or rescission of this Contract by either the Purchaser or the Builder. 13.13. If the Purchaser fails to notify the Builder in writing of its Technical Acceptance or otherwise of the Vessel within the periods as provided above the Purchaser shall be deemed to have accepted the Vessel. 13.14. The Purchaser's Technical Acceptance of the Vessel as above provided shall preclude the Purchaser from refusing Delivery of the Vessel as hereinafter provided, if the Builder complies with the procedural requirements for Delivery of the Vessel as provided in Clause 14 hereof.

Trials. (a) When construction, fitting out and testing of the Vessel have been substantially completed, the Builder shall carry out in strict compliance with the Specifications, all cryogenic trials, gas trials, sea trials, tests and commissioning of the various machinery and equipment which are detailed for subsequent vessels Vessels as specified in the Specifications so as to demonstrate that such machinery and equipment are in accordance with the requirements of the Specifications, and shall further demonstrate that the Vessel and all systems function properly. The Builder shall notify the Buyer at least two (2) weeks prior to the trial dates that the Vessel shall be ready for its trials, and the Buyer shall promptly acknowledge receipt of said notices, and said trials shall be carried out in accordance with this Article XVII and the Specifications at the Builder’s sole risk and expense, but in the presence of the Surveyor and the Representatives, in order to ascertain whether said Vessel complies with this Contract. The Builder shall provide fifteen (15) berths on board the Vessel for the Buyer’s Representatives during trials. The said trials shall be carried out regardless of whether or not the Representatives attend. Failure of the Buyer and/or its Representative to attend said trials of the Vessel, after due notice to the Buyer as provided herein, shall be deemed to be a waiver by the Buyer of its right to have the Buyer and/or its Representative on board the Vessel at the trials. In such case, the Buyer shall accept the results of the trials on the basis of the Builder’s statement, certified by the Classification Society. The Builder shall be responsible for all acts or omissions (whether negligent or not) of its employees or representatives, including its officers, crew and pilots, or any compulsory pilots or inspectors required for the trials. The said trials shall be conducted in accordance with the Specifications. Unless the said trials reveal deficiency(ies) and/or failures and therefore valid complaints as to the fulfillment of this Contract, the Vessel shall be delivered as provided for in Article V. (b) The Buyer or its Representative shall have access to all data being taken and all calculations during the said trials, and if the Buyer or its Representative should detect any deficiencies and/or failures during the said trials, the Buyer or its Representative shall give to the Builder (as soon as possible but in any event within seventy-two (72) hours after the completion of the trials) notice that such deficiencies and/or failures exist with a short description of said deficiencies and/or failures. Rectification of any such deficiencies and/or failures shall be made in accordance with the terms of this Article XVII. (c) If any said deficiencies and/or failures are detected during the said trials, the Builder shall rectify same and then, by a fresh trial of like duration, or necessary trials/tests of the specific parts rectified, establish that said deficiencies and/or failures have been rectified in accordance with the Plans, Specifications and this Contract. (d) Any delay in Delivery arising as a result of said trials shall be the sole responsibility of the Builder. (e) In the event of unfavorable weather as agreed between the Builder and Buyer, on the date specified for the said trials, they shall take place on the first available day thereafter that the weather conditions permit. It is agreed that if during the trials of the Vessel the weather should suddenly become unfavorable, as would have precluded the commencement of the trials had the change in weather occurred before the trials had started, then, and in such event, the trials of the Vessel shall be discontinued and postponed until the first favorable day next following, unless the Buyer shall assent in writing to Acceptance of the Vessel on the basis of the trials made prior to such sudden change in weather conditions. Any delay of the trials of more than forty-eight (48) hour caused by such unfavorable weather conditions shall extend the Delivery Date by the period of delay occasioned by such unfavorable weather conditions. (f) Fuel oil, lubricating oils and greases required for any and all trials shall be purchased and supplied by the Buyer with the assistance of the Builder if requested, unless the Parties shall agree otherwise. The Builder shall pay the Buyer the cost of the fuel oil, lubricating oils and greases actually consumed by the Builder up to the date of Delivery at the Buyer’s original purchase prices. (g) Following completion of sea trials, Builder shall obtain, and load the Vessel with a sufficient quantity of LNG for the purpose of carrying out gas trials in accordance with the Specifications. Buyer shall provide reasonable assistance, if desired to obtain the needed LNG. Builder shall bear the cost and risk of: ii.) providing and loading sufficient LNG and/or other liquefied gases, to completely test the cargo system. ii.) discharging the LNG or other liquefied gases remaining on board after completion of trials. A. If at Buyer’s request, the Vessel must depart the trial location such that there is insufficient time to discharge the LNG remaining on board (less vapors), Buyer shall shall. reimburse Builder for the liquid remains at a price equivalent to that paid by Builder to the LNG provider. iii.) any such gases consumed during trials. iv.) all costs associated with the use of the gas terminal including port charges. (h) Following completion of gas trials, the Vessel and its appurtenances shall be inspected in accordance with the Specifications to the satisfaction of the Buyer’s Representative.

Trials. (a) When constructionThe Contractor shall perform the following trials to demonstrate the ship, fitting out ship systems, machinery, and testing equipment conform to the requirements of the Vessel have been substantially completedContract: 1. Vendor Sea Trials including: a. Propulsion System grooming b. Scientific Electronic Systems grooming c. Dynamic Positioning System grooming 2. Builder's Trials (BT) including: a. Builder's Dock Trials (BDT) b. Builder's Sea Trials (BST) c. Dynamic Positioning Sea Trials (DPST) 3. Acoustic Trials 4. SES Sea Acceptance Trials (SAT)/Deep Sea Acceptance Trials (DSAT) 5. Acceptance Trials (AT) The Contractor shall notify the Government of the dates for trials at least 60 days prior to each scheduled trial. Prior to all Sea Trials the Contractor shall certify to the Government that the ship is ready for Sea Trials. The certification shall identify, and schedule for completion, Contractor-responsible items that shall be completed at Sea Trials. The Contractor shall be responsible for the administration, supervision, and performance of trials, including service and dockside personnel, and other services as necessary to dock and undock the ship. A trial crew shall be provided by the Contractor, and shall include a licensed master and licensed chief engineer. Operation of the ship and its machinery, equipment, and systems shall be in a safe manner and in accordance with operating instructions. The Contractor shall record data and compute trial performance and results. Trial data shall be readily available to Government observers, and trial results shall be posted. Representatives of the Government will exercise no control over the navigation or operation of the ship, its machinery plant, equipment, or systems. Where transportation between ship and shore is required, and where transportation between points of debarkation and the shipyard is required, the Builder Contractor shall carry furnish such transportation. The Contractor shall provide sustenance for Government representatives and observers while the ship is at sea. When the ship is out in strict compliance with overnight, berthing accommodations, including clean mattresses, pillows, bedsheets, pillow cases, towels and wash cloths, shall be provided. The Contractor shall provide the Specificationsservices of a registered paramedic/registered nurse and normal emergency medical equipment and supplies aboard vessel during Sea Trials. Emergency escape breathing devices (EEBDs), all cryogenic trials, gas trials, sea trials, tests and commissioning of any other personnel-escape or protective devices required to be furnished by the various machinery Contractor shall be on board and equipment which are detailed for subsequent vessels as specified in the Specifications so as to demonstrate that such machinery and equipment are properly stowed in accordance with the requirements regulatory bodies. A complete set of the Specificationspreliminarily approved technical manuals and system drawings, including approved regulatory body drawings, and redlines of all drawings, list of all software versions, and software set points current at time of trial shall further demonstrate that be made available onboard the Vessel and all systems function properly. The Builder shall notify the Buyer at least two (2) weeks prior ship to the trial dates that the Vessel shall Government representatives for all trials commencing with BST. Trial deficiency cards will be ready for its trials, and the Buyer shall promptly acknowledge receipt of said notices, and said trials shall be carried out in accordance with this Article XVII and the Specifications at the Builder’s sole risk and expense, but in the presence of the Surveyor and the Representatives, in order to ascertain whether said Vessel complies with this Contract. The Builder shall provide fifteen (15) berths on board the Vessel for the Buyer’s Representatives during trials. The said trials shall be carried out regardless of whether or not the Representatives attend. Failure of the Buyer and/or its Representative to attend said trials of the Vessel, after due notice to the Buyer as provided herein, shall be deemed to be a waiver generated by the Buyer of its right Government to have the Buyer and/or its Representative on board the Vessel at the trialsdocument and describe each deficiency found. In such case, the Buyer shall accept the results of the trials on the basis of the Builder’s statement, certified by the Classification Society. The Builder shall be responsible for all acts or omissions (whether negligent or not) of its employees or representatives, including its officers, crew and pilots, or any compulsory pilots or inspectors required for the trials. The said trials shall be conducted in accordance with the Specifications. Unless the said trials reveal deficiency(ies) and/or failures and therefore valid complaints as to the fulfillment of this Contract, the Vessel shall be delivered as provided for in Article V. (b) The Buyer or its Representative shall have access to all data being taken and all calculations during the said trials, and if the Buyer or its Representative should detect any deficiencies and/or failures during the said trials, the Buyer or its Representative shall give to the Builder (as soon as possible but in any event within seventy-two (72) Within 24 hours after the completion of Sea Trials, the trials) notice that Government will provide to the Contractor one copy of each deficiency card describing deficiencies observed during Trials. Within the following 48 hours, the Government shall identify to the Contractor whether responsibility is the Contractor's or the Government's for each deficiency. If the ship or its equipment fails to meet contractual requirements during Trials, the Contractor shall conduct additional trials at no cost to the Government. The scheduling of such deficiencies and/or failures exist with a short description of said deficiencies and/or failures. Rectification of any such deficiencies and/or failures additional trials shall be made mutually agreed upon by the Contractor and the Government. Builder’s Dock Trials (BDT) shall demonstrate the readiness of the ship for sea trials. Satisfactory operation of the machinery plant components and controls shall be demonstrated dockside prior to sea trials. The propulsor shall be operated under partial load during BDT. Builder’s Sea Trials (BST) shall be performed as soon as practical after the completion of BDT. BST shall demonstrate that the ship is seaworthy and machinery and equipment are ready for the AT. In addition, the BST shall also include all required regulatory body demonstrations and Standardization events. If the Contractor conducts any of the special surveys during BT, time shall be allocated in the schedule to not interfere with any other demonstrations. BT shall be conducted no less than 30 days prior to AT. 1. During BST, a simulated INSURV Trial with distinct pre-underway and underway phases shall be performed by the Contractor in accordance with the terms guidelines of this Article XVIIINSURVINST 4730. (c) If any said deficiencies and/or failures are detected during the said trials, the Builder shall rectify same and then, by a fresh trial of like duration, or necessary trials/tests of the specific parts rectified, establish that said deficiencies and/or failures have been rectified in accordance with the Plans, Specifications and this Contract. (d) Any delay in Delivery arising as a result of said trials shall be the sole responsibility of the Builder. (e) In the event of unfavorable weather as agreed between the Builder and Buyer, on the date specified for the said trials, they shall take place on the first available day thereafter that the weather conditions permit. It is agreed that if during the trials of the Vessel the weather should suddenly become unfavorable, as would have precluded the commencement of the trials had the change in weather occurred before the trials had started, then, and in such event, the trials of the Vessel shall be discontinued and postponed until the first favorable day next following, unless the Buyer shall assent in writing to Acceptance of the Vessel on the basis of the trials made prior to such sudden change in weather conditions. Any delay of the trials of more than forty-eight (48) hour caused by such unfavorable weather conditions shall extend the Delivery Date by the period of delay occasioned by such unfavorable weather conditions. (f) Fuel oil, lubricating oils and greases required for any and all trials shall be purchased and supplied by the Buyer with the assistance of the Builder if requested, unless the Parties shall agree otherwise. The Builder shall pay the Buyer the cost of the fuel oil, lubricating oils and greases actually consumed by the Builder up to the date of Delivery at the Buyer’s original purchase prices. (g) Following completion of sea trials, Builder shall obtain, and load the Vessel with a sufficient quantity of LNG for the purpose of carrying out gas trials in accordance with the Specifications. Buyer shall provide reasonable assistance, if desired to obtain the needed LNG. Builder shall bear the cost and risk of: i) providing and loading sufficient LNG and/or other liquefied gases, to completely test the cargo system. ii) discharging the LNG or other liquefied gases remaining on board after completion of trials. A. If at Buyer’s request, the Vessel must depart the trial location such that there is insufficient time to discharge the LNG remaining on board (less vapors), Buyer shall reimburse Builder for the liquid remains at a price equivalent to that paid by Builder to the LNG provider. iii) any such gases consumed during trials. iv) all costs associated with the use of the gas terminal including port charges. (h) Following completion of gas trials, the Vessel and its appurtenances shall be inspected in accordance with the Specifications to the satisfaction of the Buyer’s Representative.

Trials. (a) When construction, fitting out and testing None of the Vessel Company’s product candidates have been substantially completedreceived marketing approval from any Applicable Regulatory Authority. All clinical and pre-clinical studies and trials conducted by or on behalf of or sponsored by the Company, or in which the Company or has participated, with respect to the Company’s product candidates, including any such studies and trials that are described in the Registration Statement, the Builder shall carry out in strict compliance with Time of Sale Prospectus and the SpecificationsProspectus, all cryogenic trials, gas trials, sea trials, tests and commissioning or the results of the various machinery and equipment which are detailed for subsequent vessels as specified referred to in the Specifications so Registration Statement, the Time of Sale Prospectus and the Prospectus, as to demonstrate that such machinery applicable (collectively, “Company Trials”), were, and equipment are if still pending are, being conducted in all material respects in accordance with the requirements all applicable Health Care Laws of the SpecificationsApplicable Regulatory Authorities and current Good Clinical Practices and Good Laboratory Practices, standard medical and shall further demonstrate that scientific research procedures and any applicable rules, regulations and policies of the Vessel jurisdiction in which such trials and all systems function properly. The Builder shall notify studies are being conducted; the Buyer at least two (2) weeks prior to descriptions in the trial dates that Registration Statement, the Vessel shall be ready for its trials, Time of Sale Prospectus and the Buyer shall promptly acknowledge receipt Prospectus of said notices, and said trials shall be carried out in accordance with this Article XVII and the Specifications at the Builder’s sole risk and expense, but in the presence of the Surveyor and the Representatives, in order to ascertain whether said Vessel complies with this Contract. The Builder shall provide fifteen (15) berths on board the Vessel for the Buyer’s Representatives during trials. The said trials shall be carried out regardless of whether or not the Representatives attend. Failure of the Buyer and/or its Representative to attend said trials of the Vessel, after due notice to the Buyer as provided herein, shall be deemed to be a waiver by the Buyer of its right to have the Buyer and/or its Representative on board the Vessel at the trials. In such case, the Buyer shall accept the results of any Company Trials are accurate and complete descriptions in all material respects and fairly present the data derived therefrom; the Company has no knowledge of any other studies or trials on not described in the basis Registration Statement, the Time of Sale Prospectus and the Prospectus, the results of which are inconsistent with or call into question the results described or referred to in the Registration Statement, the Time of Sale Prospectus and the Prospectus; the Company has operated at all times and are currently in compliance in all material respects with all applicable Health Care Laws of the BuilderApplicable Regulatory Authorities; the Company has not received, nor does the Company have knowledge after due inquiry that any of its collaboration partners have received any written notices, correspondence or other communications from the Applicable Regulatory Authorities or any other Governmental Entity requiring or threatening the termination, material modification or suspension of Company Trials, other than ordinary course communications with respect to modifications in connection with the design and implementation of such studies or trials, and, to the Company’s statementknowledge, certified there are no reasonable grounds for the same. No investigational new drug application or comparable submission filed by or on behalf of the Company with the FDA has been terminated or suspended by the Classification Society. The Builder shall be responsible for all acts or omissions (whether negligent or not) of its employees or representatives, including its officers, crew and pilots, FDA or any compulsory pilots or inspectors required for other Applicable Regulatory Authority. To the trials. The said trials shall be conducted in accordance with the Specifications. Unless the said trials reveal deficiency(ies) and/or failures and therefore valid complaints as to the fulfillment of this ContractCompany’s knowledge, the Vessel shall Company has obtained (or caused to be delivered as provided for obtained) informed consent by or on behalf of each human subject who participated in Article V. (b) The Buyer a Company Trial. In using or its Representative shall have access to all data being taken and all calculations during disclosing patient information received by the said trials, and if the Buyer or its Representative should detect any deficiencies and/or failures during the said trialsCompany in connection with a Company Trial, the Buyer Company has complied in all material respects with all applicable laws and regulatory rules or its Representative shall give to requirements, including, without limitation, HIPAA and the Builder (as soon as possible but in any event within seventy-two (72) hours after rules and regulations thereunder. To the completion Company’s knowledge, none of the trials) notice that such deficiencies and/or failures exist with a short description of said deficiencies and/or failures. Rectification of Company Trials involved any such deficiencies and/or failures shall be made in accordance with the terms of this Article XVII. (c) If any said deficiencies and/or failures are detected during the said trials, the Builder shall rectify same and then, by a fresh trial of like duration, or necessary trials/tests of the specific parts rectified, establish that said deficiencies and/or failures have investigator who has been rectified in accordance with the Plans, Specifications and this Contract. (d) Any delay in Delivery arising disqualified as a result of said trials shall be the sole responsibility of the Builder. (e) In the event of unfavorable weather as agreed between the Builder and Buyer, on the date specified for the said trials, they shall take place on the first available day thereafter that the weather conditions permit. It is agreed that if during the trials of the Vessel the weather should suddenly become unfavorable, as would have precluded the commencement of the trials had the change in weather occurred before the trials had started, then, and in such event, the trials of the Vessel shall be discontinued and postponed until the first favorable day next following, unless the Buyer shall assent in writing to Acceptance of the Vessel on the basis of the trials made prior to such sudden change in weather conditions. Any delay of the trials of more than forty-eight (48) hour caused by such unfavorable weather conditions shall extend the Delivery Date clinical investigator or has been found by the period of delay occasioned by such unfavorable weather conditionsFDA to have engaged in scientific misconduct. (f) Fuel oil, lubricating oils and greases required for any and all trials shall be purchased and supplied by the Buyer with the assistance of the Builder if requested, unless the Parties shall agree otherwise. The Builder shall pay the Buyer the cost of the fuel oil, lubricating oils and greases actually consumed by the Builder up to the date of Delivery at the Buyer’s original purchase prices. (g) Following completion of sea trials, Builder shall obtain, and load the Vessel with a sufficient quantity of LNG for the purpose of carrying out gas trials in accordance with the Specifications. Buyer shall provide reasonable assistance, if desired to obtain the needed LNG. Builder shall bear the cost and risk of: i) providing and loading sufficient LNG and/or other liquefied gases, to completely test the cargo system. ii) discharging the LNG or other liquefied gases remaining on board after completion of trials. A. If at Buyer’s request, the Vessel must depart the trial location such that there is insufficient time to discharge the LNG remaining on board (less vapors), Buyer shall reimburse Builder for the liquid remains at a price equivalent to that paid by Builder to the LNG provider. iii) any such gases consumed during trials. iv) all costs associated with the use of the gas terminal including port charges. (h) Following completion of gas trials, the Vessel and its appurtenances shall be inspected in accordance with the Specifications to the satisfaction of the Buyer’s Representative.

Trials. (a) When construction, fitting out and testing of the Vessel have been substantially completed, the Builder shall carry out in strict compliance with the Specifications, all cryogenic trials, gas trials, sea trials, tests and commissioning of the various machinery and equipment which are detailed for subsequent vessels Vessels as specified in the Specifications so as to demonstrate that such machinery and equipment are in accordance with the requirements of the Specifications, and shall further demonstrate that the Vessel and all systems function properly. The Builder shall notify the Buyer at least two (2) weeks prior to the trial dates that the Vessel shall be ready for its trials, and the Buyer shall promptly acknowledge receipt of said notices, and said trials shall be carried out in accordance with this Article XVII and the Specifications at the Builder’s sole risk and expense, but in the presence of the Surveyor and the Representatives, in order to ascertain whether said Vessel complies with this Contract. The Builder shall provide fifteen (15) berths on board the Vessel for the Buyer’s Representatives during trials. The said trials shall be carried out regardless of whether or not the Representatives attend. Failure of the Buyer and/or its Representative to attend said trials of the Vessel, after due notice to the Buyer as provided herein, shall be deemed to be a waiver by the Buyer of its right to have the Buyer and/or its Representative on board the Vessel at the trials. In such case, the Buyer shall accept the results of the trials on the basis of the Builder’s statement, certified by the Classification Society. The Builder shall be responsible for all acts or omissions (whether negligent or not) of its employees or representatives, including its officers, crew and pilots, or any compulsory pilots or inspectors required for the trials. The said trials shall be conducted in accordance with the Specifications. Unless the said trials reveal deficiency(ies) and/or failures and therefore valid complaints as to the fulfillment of this Contract, the Vessel shall be delivered as provided for in Article V. (b) The Buyer or its Representative shall have access to all data being taken and all calculations during the said trials, and if the Buyer or its Representative should detect any deficiencies and/or failures during the said trials, the Buyer or its Representative shall give to the Builder (as soon as possible but in any event within seventy-two (72) hours after the completion of the trials) notice that such deficiencies and/or failures exist with a short description of said deficiencies and/or failures. Rectification of any such deficiencies and/or failures shall be made in accordance with the terms of this Article XVII. (c) If any said deficiencies and/or failures are detected during the said trials, the Builder shall rectify same and then, by a fresh trial of like duration, or necessary trials/tests of the specific parts rectified, establish that said deficiencies and/or failures have been rectified in accordance with the Plans, Specifications and this Contract. (d) Any delay in Delivery arising as a result of said trials shall be the sole responsibility of the Builder. (e) In the event of unfavorable weather as agreed between the Builder and Buyer, on the date specified for the said trials, they shall take place on the first available day thereafter that the weather conditions permit. It is agreed that if during the trials of the Vessel the weather should suddenly become unfavorable, as would have precluded the commencement of the trials had the change in weather occurred before the trials had started, then, and in such event, the trials of the Vessel shall be discontinued and postponed until the first favorable day next following, unless the Buyer shall assent in writing to Acceptance of the Vessel on the basis of the trials made prior to such sudden change in weather conditions. Any delay of the trials of more than forty-eight (48) hour caused by such unfavorable weather conditions shall extend the Delivery Date by the period of delay occasioned by such unfavorable weather conditions. (f) Fuel oil, lubricating oils and greases required for any and all trials shall be purchased and supplied by the Buyer with the assistance of the Builder if requested, unless the Parties shall agree otherwise. The Builder shall pay the Buyer the cost of the fuel oil, lubricating oils and greases actually consumed by the Builder up to the date of Delivery at the Buyer’s original purchase prices. (g) Following completion of sea trials, Builder shall obtain, and load the Vessel with a sufficient quantity of LNG for the purpose of carrying out gas trials in accordance with the Specifications. Buyer shall provide reasonable assistance, if desired to obtain the needed LNG. Builder shall bear the cost and risk of: i) providing and loading sufficient LNG and/or other liquefied gases, to completely test the cargo system. ii) discharging the LNG or other liquefied gases remaining on board after completion of trials. A. If at Buyer’s request, the Vessel must depart the trial location such that there is insufficient time to discharge the LNG remaining on board (less vapors), Buyer shall shall. reimburse Builder for the liquid remains at a price equivalent to that paid by Builder to the LNG provider. iii) any such gases consumed during trials. iv) all costs associated with the use of the gas terminal including port charges. (h) Following completion of gas trials, the Vessel and its appurtenances shall be inspected in accordance with the Specifications to the satisfaction of the Buyer’s Representative.

Trials. (a) When construction, fitting out and testing TECHNICAL ACCEPTANCE 13.1. At least 120 days before the scheduled commencement of the Vessel have been substantially completed, same the Builder shall carry out submit to the Purchaser for approval comprehensive testing and trials programmes covering the Full Scale Test and Trials (collectively the "Trials") described in strict compliance with the Specifications, all cryogenic trials, gas trials, sea trials, tests and commissioning of the various machinery and equipment which are detailed for subsequent vessels as specified in the Specifications so as to demonstrate that such machinery and equipment are in accordance with the requirements Chapter 03000 of the Specifications, including (i) Workshop Tests, (ii) Quayside Trials (including the Inclining Test), and (iii) Sea Trials (including trial runs and all other tests at sea). 13.2. The Trials shall further demonstrate that be conducted at the risk and expense of the Builder which shall provide and pay for the personnel necessary for the safe management and navigation of the Vessel and all systems function properlyduring the same. The Builder shall notify also provide and pay for all necessary ballast and fresh water and shall meet all other costs associated with the Buyer at least two (2) weeks prior to Trials. The fuels, lubricants and consumable stores required for the trial dates that the Vessel Trials shall be ready specified, supplied and paid for its trialsby the Purchaser, and who shall upon Delivery be entitled to reimbursement from the Buyer shall promptly acknowledge receipt of said notices, and said trials shall be carried out in accordance with this Article XVII and the Specifications at the Builder’s sole risk and expense, but in the presence Builder of the Surveyor costs of such fuels, lubricants and consumable stores as are consumed during the Representatives, in order to ascertain whether said Vessel complies with this ContractTrials. 13.3. The Builder shall provide fifteen (15) berths on board give the Purchaser not less than seven Working Days' notice of the date and place of commencement of each of the Trials and representatives of the Purchaser shall be afforded every opportunity to observe and determine the performance of the Vessel for during the Buyer’s Representatives during trials. The said trials shall be carried out regardless of whether or not the Representatives attendsame. Failure of by the Buyer and/or its Representative Purchaser to attend said trials of the Vessel, after any Trial following due notice to the Buyer as provided herein, shall be deemed to be a waiver by the Buyer Purchaser of its right to rights of attendance in respect of such Trial. SEA TRIALS 13.4. The Sea Trials shall be carried out following satisfactory conclusion of all other Trials and after the Vessel's construction has been completed with only minor items of work outstanding which are agreed by the Authorised Representatives as suitable for completion after the Sea Trials but before Delivery. 13.5. The Sea Trials shall have the Buyer and/or its Representative objective of permitting the Builder to demonstrate fulfilment of the quality and performance requirements for the Vessel as set forth in the Specifications. The course to be followed during the Sea Trials shall be determined by the Builder, but shall be in open waters off the Gulf Coast of the United States. The Purchaser shall be allowed to maintain a shadow crew and other necessary personnel on board the Vessel at during the trialssea trials to familiarise themselves with the Vessel and its operation. 13.6. In such case, the Buyer shall accept the results The safe management and navigation of the trials on Vessel in transit to, during and from the basis of the Builder’s statement, certified by the Classification Society. The Builder Sea Trials shall be responsible for all acts or omissions (whether negligent or not) of its employees or representatives, including its officers, crew and pilots, or any compulsory pilots or inspectors required for the trials. The said trials shall be conducted in accordance with the Specifications. Unless the said trials reveal deficiency(ies) and/or failures and therefore valid complaints as to the fulfillment of this Contract, the Vessel shall be delivered as provided for in Article V. (b) The Buyer or its Representative shall have access to all data being taken and all calculations during the said trials, and if the Buyer or its Representative should detect any deficiencies and/or failures during the said trials, the Buyer or its Representative shall give to the Builder (as soon as possible but in any event within seventy-two (72) hours after the completion of the trials) notice that such deficiencies and/or failures exist with a short description of said deficiencies and/or failures. Rectification of any such deficiencies and/or failures shall be made in accordance with the terms of this Article XVII. (c) If any said deficiencies and/or failures are detected during the said trials, the Builder shall rectify same and then, by a fresh trial of like duration, or necessary trials/tests of the specific parts rectified, establish that said deficiencies and/or failures have been rectified in accordance with the Plans, Specifications and this Contract. (d) Any delay in Delivery arising as a result of said trials shall be remain the sole responsibility of the Builder. (e) In the event of unfavorable weather as agreed between the Builder and Buyer, on the date specified for the said trials, they shall take place on the first available day thereafter that 13.7. Should the weather conditions permit. It is agreed at the time scheduled for the Sea Trials be such that if during the trials of the Vessel the weather should suddenly become unfavorable, as would have precluded the commencement of the trials had the change in weather occurred before the trials had started, then, and in such eventthey cannot be carried out properly, the trials Builder shall postpone them or such part of them as necessary to the Vessel shall be discontinued earliest possible time when suitable weather conditions occur to ensure that all readings and postponed until results are obtained in a manner satisfactory to the first favorable day next following, unless the Buyer shall assent in writing to Acceptance of the Vessel on the basis of the trials made prior to such sudden change in weather conditionsPurchaser. Any delay of to the trials of more than forty-eight (48) hour Sea Trials caused by such unfavorable unfavourable weather conditions conditions, if the delay exceeds a total of seven (7) days, shall extend operate to postpone the Contractual Delivery Date by the period of delay occasioned by involved and such unfavorable weather conditionsdelay shall be deemed to be Permissible Delay. (f) Fuel oil13.8. If during the Sea Trials any breakdown occurs which entails interruption or irregular performance and the breakdown can be repaired by the normal means available on board, lubricating oils and greases required for any and all trials this shall be purchased done as soon as possible and supplied by the Buyer with the assistance of the Builder if requested, unless the Parties trial shall agree otherwisebe continued after repairs are completed. The Builder shall pay the Buyer the cost of the fuel oil, lubricating oils and greases actually consumed by the Builder up to the date of Delivery at the Buyer’s original purchase prices. (g) Following completion of sea trials, Builder shall obtain, and load the Vessel with a sufficient quantity of LNG for the purpose of carrying out gas trials in accordance with the Specifications. Buyer shall provide reasonable assistanceHowever, if desired to obtain the needed LNG. Builder shall bear the cost and risk of: i) providing and loading sufficient LNG and/or other liquefied gases, to completely test the cargo system. ii) discharging the LNG or other liquefied gases remaining on board after completion of trials. A. If at Buyer’s request, the Vessel must depart return to a port to enable the breakdown to be remedied, a further complete trial location such that there is insufficient time to discharge shall be undertaken at the LNG remaining on board (less vapors), Buyer shall reimburse Builder for the liquid remains at a price equivalent to that paid by Builder to the LNG providerearliest opportunity. iii) any such gases consumed during trials. iv) all costs associated with the use 13.9. On completion of the gas terminal including port charges. (h) Following completion of gas trials, the Vessel and its appurtenances shall be inspected in accordance with the Specifications Sea Trials to the satisfaction of the Buyer’s Representativeagreed Trial Procedure the Vessel shall be brought back to a berth in the Shipyard, or elsewhere as may be agreed, for the inspection of the machinery required in the Specifications, and during this period all defects or omissions found in the Vessel shall be remedied and made good by the Builder to the reasonable satisfaction of the Purchaser, and the machinery closed up by the Builder ready for sea at its expense and without expense to the Purchaser. TECHNICAL ACCEPTANCE 13.10. Within three (3) Working Days of completion of the Trials and the closing up of machinery referred to in sub-clause 9 above, the Builder shall notify the Purchaser in writing of the results of the Trials and shall, where the same is appropriate, confirm to the Purchaser that the Vessel conforms with the requirements of the Contract and Specifications. If the Purchaser is in agreement with the Builder, the Purchaser shall, within three (3) Working Days of receipt of the Builder's notice as aforesaid, advise the Builder in writing of its Technical Acceptance of the Vessel. 13.11. If, however, in the view of the Purchaser the Vessel or any part thereof does not conform to the requirements of this Contract and/or the Specifications, the Purchaser shall so advise the Builder (again within seven (7) Working Days of the receipt of the Builder's notice as aforesaid) and shall specify the respects in which the Vessel fails to conform with the requirements of this Contract and Specifications. The Builder shall thereupon take the necessary steps to correct such non-conformities and, upon completion of such works, the Builder shall advise the Purchaser who shall, in the reasonable exercise of its discretion, be entitled to require the Builder to undertake further trials of the Vessel; in such event the Builder shall give the Purchaser three Working Days' notice of such further trials. 13.12. Upon satisfactory completion of such remedial works and/or trials, the Purchaser shall, within four (4) Working Days after receipt of a further notice from the Builder that the Vessel conforms with the requirements of the Contract and Specifications, notify the Builder of its Technical Acceptance of the Vessel or the respects in which the Vessel still fails to conform with the requirements of this Contract and the Specifications. This process shall be repeated until the earlier of (a) the Purchaser's Technical Acceptance of the Vessel or (b) the valid and proper termination or rescission of this Contract by either the Purchaser or the Builder. 13.13. If the Purchaser fails to notify the Builder in writing of its Technical Acceptance or otherwise of the Vessel within the periods as provided above the Purchaser shall be deemed to have accepted the Vessel. 13.14. The Purchaser's Technical Acceptance of the Vessel as above provided shall preclude the Purchaser from refusing Delivery of the Vessel as hereinafter provided, if the Builder complies with the procedural requirements for Delivery of the Vessel as provided in Clause 14 hereof.