Addendum to the Shipbuilding Contract of one AHTS Vessel Fincantieri Hull N° 6168
Addendum
to the Shipbuilding Contract of one AHTS Vessel Fincantieri Hull N°
6168
This
Addendum is made and entered into on this 2nd March
2010 between:
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1.
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FINCANTIERI
– Cantieri Navali Italiani, S.p.A.,
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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,
hereinafter
referred to as “FINC”
and
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2.
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ATL
Offshore GmbH & Co. “ISLE OF AMRUM ”
KG,
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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,
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 30/1/2007 as from
time to time supplemented and amended (the “Shipbuilding Contract”) for
the construction of one AHTS Vessel bearing FINC Hull No. 6168 ( “the
Vessel”); and
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B)
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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 the first half of March
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 the negligence or wilful misconduct of FINC) for
the Vessel between the date when the Vessel could have been delivered –
and the agreed new delivery date. However, FINC to take out the respective
insurance cover until the Vessel will be actually delivered to the Buyer.
The respective costs for FINC to be reimbursed by the Buyer in accordance
with the previous practice between the Parties; the Agreement as of
December 14, 2009 and FINC’s letter MM-PMA MNZ 192 relating to NB 6163
shall apply mutatis mutandis with logical amendments. Any
outstanding pre-delivery instalment under the Shipbuilding Contract are
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 4,049,900 for a period of 8th
July, 2009 until actual delivery of the Vessel;
and
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(ii)
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for
an amount of EUR 4,185,000 for a period of 13th
October, 2009 until actual delivery of the Vessel;
and
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(iii)
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for
an amount of EUR 28,729,015.00 for the 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.
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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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5.
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All
other terms and conditions to remain
unchanged.
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on behalf
of the Buyer:
/s/ Xx.
Xxxxx Xxxxxxxx
on behalf
of FINCANTIERI Cantieri Navali S.p.A.
/s/ Xxxxxxx
Xxxxxxxxx
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