Contract
Exhibit 4.65
[*]:
THE CONFIDENTIAL PORTION HAS BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL
TREATMENT AND THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE COMMISSION.
AMENDMENT N°1
TO THE CONTRACT FOR HULL n°C33 dated 7th September 2006
TO THE CONTRACT FOR HULL n°C33 dated 7th September 2006
This
Amendment Nr 1 (hereinafter referred to as the Amendment) is made
on this 22nd day
of May 2007.
BETWEEN:
XXXX YARDS SA, a company incorporated under the laws of France, with its registered office at
Avenue Bourdelle — BP 90180 — 44613 SAINT NAZAIRE
Cédex (hereinafter referred to as the
“Builder”), represented by represented by ........
AND
F3 ONE LTD, a company incorporated in Bermuda and having its
registered office at Xxxxxx Xxxxx, 00 Xxxxxxxxxx Xxxxxx, Xxxxxxxx
XX00, Xxxxxxx (hereinafter referred to as the “Buyer”),
represented by Xxxxxxx Xxxxxx.
The Buyer
and the Builder are collectively referred to as the “Parties” and individually as
the “Party”
Whereas,
The Buyer signed with the Builder a
shipbuilding contract for the construction of one [*] cabins
passenger cruise vessel, with Hull Number C33 (hereinafter referred to as the C33 Vessel) on the
7th September 2006 (hereinafter referred to as the
“Contract”).
The
Contract provides for a specific approval lead time and a deemed approval clause in case the
set of plans, drawings and other documents submitted by the Builder to the Supervisor for approval
are not returned by the Supervisor before a certain time-period.
The Parties have now decided to review and modify certain conditions in this process of plan
approval.
Therefore
it has been agreed what follows:
Paragraph 1:
Clause
2.7 of article 2 (Supervision) shall be replaced as follows:
“Within
ten (10) Working Days after the Supervisor’s receipt of each set
of plans, drawings and
other documents submitted to the Supervisor for approval pursuant to the Specification one (1)
copy of each such plan, drawing and other document shall be returned by the Buyer to the Builder
either as approved or as rejected by the Buyer provided that all rejections shall specify with
reasons all aspects of the rejected plans, drawings or documents which in the opinion of the Buyer
do not, or which provide for Work which does not, comply with the
requirements of this Contract,
the Plans or the Specification.”
Paragraph 2:
Clause
2.11 of article 2 (Supervision) shall be replaced as follows:
“If the Buyer (or the Supervisor on the Buyer’s behalf) fails to return to the Builder or (in the
case of any rejections) fails to give reasons, in accordance with the time limits referred to in
clause 2.7 and Clause 2.9, any plan or drawings or other document, such plan or drawing or other
document shall be
deemed to have been automatically and expressly approved by the Buyer without any comments, as
from the date when such deemed approval is confirmed by written notification of the Builder to the
Buyer.
Paragraph 3: All other terms and conditions of the Contract shall remain unchanged and in
full force and effect.
Paragraph 4:
This Amendment shall be construed in accordance with and governed by English
law. Any and all dispute arising out of or in connection with this
Amendment shall be settled in
accordance with article 13 [DISPUTES] of the Contract.
Paragraph 5: This Amendment may be executed in counterparts and exchanged by facsimile.
In witness thereof, This Amendment has been executed on the day of first above written.
For the Buyer F3 ONE LTD |
For the Builder XXXX YARDS SA |
|
/s/ [ILLEGIBLE]
|
/s/ [ILLEGIBLE] |
