Addendum to the Shipbuilding Contract of one AHTS Vessel Fincantieri Hull No. 6172
Addendum
to the Shipbuilding Contract
of
one AHTS Vessel Fincantieri Hull No. 6172
This
Addendum is made and entered into on this 22nd of June
2010 between:
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1.
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FINCANTIERI
— Cantieri Navali Italiani, S.p.A., a company organized and existing under
the laws of the Republic of Italy, with Naval Vessel Business Unit located
at Xxx Xxxxx 00, 00000 Xxxxx,
Xxxxx,
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hereinafter
referred to as “FINC”
and
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2.
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ATL
Offshore GmbH & Co. "ISLE OF NEUWERK" KG, a company organized and
existing under the laws of the Federal Republic of Germany and having
their principal place of business at Xxxx Xxxxxxx 00, Xxxx,
Xxxxxxx,
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hereinafter
called “the Buyer”
and
together
referred as “the Parties”
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WHEREAS
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A)
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The
Parties have entered into a Shipbuilding Contract dated 20/03/2007 as from
time to time supplemented and amended (the “Shipbuilding Contract”) for
the construction of one AHTS Vessel bearing FINC Hull No. 6172 (“the
Vessel”); and
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B)
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A
Technical Statement of Delivery has been concluded between the parties on
9th of June 2010 in respect of hull numbers 6173, 6172 and 6169
and
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C)
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The
Parties wish to re-schedule outstanding pre-delivery instalments and the
contractual delivery date.
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The
Parties therefore now agree as follows:
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1.
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The
delivery date of the Vessel according to the Shipbuilding Contract shall
be amended. Delivery shall take place on the earliest possible date agreed
between the parties within second half of June
2010.
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2.
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The
Buyer agrees to bear the risk of accidental loss or damage (other than
loss or damage caused by gross negligence or willful misconduct of FINC)
for the Vessel between the date on which the parties hereby conventionally
agree that the Vessel is ready for delivery – being the date agreed in the
above mentioned Technical Statement of Delivery, the 19th
of June 2010 – and the actual delivery date. However, FINC to
take out the respective insurance cover until the Vessel will be actually
delivered to the Buyer. Usual maintenance activities, pier availability,
surveillance, insurance and fireguard shall be provided by FINC at a cost
of EUR 3,285.00 per day. After delivery, a period of ten days will be free
of charge, and in case an exceeding stay at pier is required, the parties
will agree the applicable rate. The respective costs shall be reimbursed
by the Buyer in accordance with the previous practice between the Parties.
Any outstanding predelivery instalment under the Shipbuilding Contract is
deferred to the day of the actual delivery of the Vessel and will be paid
to FINC together with the delivery
instalment.
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3.
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The
Buyer shall pay interest in the amount of 6-month EURIBOR plus
2%
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2
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(i)
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for
an amount of EUR 2,100,000.00 for a period of April 26, 2007 until May 9,
2007; and
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(ii)
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for
an amount of EUR 2,203,800 for a period of March 21, 2008 until April 16,
2008; and
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(iii)
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for
an amount of EUR 4,223,900.00 for a period of July 17, 2009 until actual
delivery of the Vessel; and
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(iv)
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for
an amount of EUR 4,365,407.50 for a period of December 29, 2010 until
actual delivery of the Vessel; and
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(v)
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for
an amount of EUR 29,688,107.50 for a period of counting from the time of
readiness for delivery in accordance with paragraph 2 above until actual
delivery of the Vessel.
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The
interests shall be due upon presentation of the relevant invoice together with
evidence of the interest rate applied.
For the
avoidance of doubt, the interest described herein is not to be considered as
default interest but as FINC’s compensation for the deferral of instalments
under the Shipbuilding Contract.
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4.
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All
other terms and conditions to remain
unchanged.
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3
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on
behalf of the Buyer:
/s/ Xxxxx
Xxxxxxxxx
Xxxxx
Xxxxxxxxx
on
behalf of FINCANTIERI -- Cantieri Navali Italiani S.p.A.
/s/
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