Common use of Fuel Consumption Clause in Contracts

Fuel Consumption. (a) The Contract Price shall not be affected or changed in case the fuel consumption, as determined by the shop trial as specified in the SPECIFICATIONS , is not more than Five percent (5%) in excess of the guaranteed fuel consumption specified in Paragraph 2 of Article I. (b) However, in the event that the actual fuel consumption at the shop trial is in excess of Five percent (5%) of the guaranteed fuel consumption, the Contract Price shall be reduced by the sum of ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Dollars (US$ 110,000.-) for each full one percent(1%) increase in fuel consumption and pro rata for any fraction of one percent(1%) of the Guaranteed Fuel Consumption in excess of the said five percent(5%) up to maximum of eight percent(8%) over the Guaranteed Fuel Consumption. (c) If the deficiency in fuel consumption is more than Eight percent (8%) then the BUYER may at its option rescind this Contract in accordance with the provision of Article X hereof.

Appears in 3 contracts

Sources: Construction Contract (Danaos Corp), Construction Contract (Danaos Corp), Construction Contract (Danaos Corp)

Fuel Consumption. (a) The Contract Price shall not be affected or changed in case the fuel consumption, as determined by the shop trial as specified in the SPECIFICATIONS , is not more than Five percent (5%) in excess of the guaranteed fuel consumption specified in Paragraph 2 of Article I. (b) However, in the event that the actual fuel consumption at the shop trial is in excess of Five percent (5%) of the guaranteed fuel consumption, the Contract Price shall be reduced by the sum of ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ One Hundred and Ten Thousand United States Dollars (US$ 110,000.-) for each full one percent(1%) increase in fuel consumption and pro rata for any fraction of one percent(1%) of the Guaranteed Fuel Consumption in excess of the said five percent(5%) up to maximum of eight percent(8%) over the Guaranteed Fuel Consumption. (c) If the deficiency in fuel consumption is more than Eight percent (8%) then the BUYER may at its option rescind this Contract in accordance with the provision of Article X hereof.

Appears in 3 contracts

Sources: Construction Contract (Danaos Corp), Construction Contract (Danaos Corp), Construction Contract (Danaos Corp)

Fuel Consumption. (a) The Contract Price shall not be affected or changed in case the actual fuel consumption, as determined by the engine manufacturer’s shop trial (171 g/KWh) as specified in the SPECIFICATIONS Specifications, is not more than Five tolerance margin of five percent (5%) in excess of the guaranteed fuel consumption specified in Paragraph 2 of Article I.Guaranteed Fuel Consumption. (b) However, in the event that the actual fuel consumption at the shop trial is in excess of Five five percent (5%) of the guaranteed fuel consumptionGuaranteed Fuel Consumption, the Contract Price shall be reduced by the sum of ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ seventy thousand United States Dollars (US$ 110,000.-US$70,000) for each full one percent(1percent (1%) increase in fuel consumption and pro rata for any fraction of one percent(1percent (1%) of the Guaranteed Fuel Consumption in excess of the said five percent(5percent (5%) up to maximum of eight percent(8percent (8%) over the Guaranteed Fuel Consumption. (c) If the deficiency in fuel consumption is of the main engine exceeds the Guaranteed Fuel Consumption by more than Eight eight percent (8%) ), then the BUYER may may, at its option option, reject the VESSEL and rescind this Contract in accordance with the provision provisions of Article ARTICLE X hereof, or may accept the VESSEL at a reduction in the Contract Price as above provided for eight percent (8 %) only, that is, at a total reduction of two hundred and ten thousand United Stated Dollars (US$210,000) being the maximum.

Appears in 2 contracts

Sources: Ship Building Contract (Seaspan CORP), Ship Building Contract (Seaspan CORP)

Fuel Consumption. (a) The Contract Price shall not be affected or changed in case the actual fuel consumption, as determined by the engine manufacturer’s shop trial (171 g/KWh) as specified in the SPECIFICATIONS Specifications, is not more than Five tolerance margin of five percent (5%) in excess of the guaranteed fuel consumption specified in Paragraph 2 of Article I.Guaranteed Fuel Consumption. (b) However, in the event that the actual fuel consumption at the shop trial is in excess of Five five percent (5%) of the guaranteed fuel consumptionGuaranteed Fuel Consumption, the Contract Price shall be reduced by the sum of ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ seventy thousand United States Dollars (US$ 110,000.-US$70,000) for each full one percent(1percent (1%) increase in fuel consumption and pro rata for any fraction of one percent(1percent (1%) of the Guaranteed Fuel Consumption in excess of the said five percent(5percent (5%) up to maximum of eight percent(8percent (8%) over the Guaranteed Fuel Consumption. (c) If the deficiency in fuel consumption is of the main engine exceeds the Guaranteed Fuel Consumption by more than Eight eight percent (8%) ), then the BUYER may may, at its option option, reject the VESSEL and rescind this Contract in accordance with the provision provisions of Article ARTICLE X hereof, or may accept the VESSEL at a reduction in the Contract Price as above provided for eight percent (8%) only, that is, at a total reduction of two hundred and ten thousand United Stated Dollars (US$210,000) being the maximum.

Appears in 2 contracts

Sources: Ship Building Contract (Seaspan CORP), Ship Building Contract (Seaspan CORP)

Fuel Consumption. (a) The Contract Price shall not be affected or changed in case the actual fuel consumption, as determined by the engine manufacturer’s shop trial as specified in the SPECIFICATIONS Specifications, is not more than Five tolerance margin of five percent (5%) in excess of the guaranteed fuel consumption specified in Paragraph 2 of Article I.Guaranteed Fuel Consumption. (b) However, in the event that the actual fuel consumption at the shop trial is in excess of Five five percent (5%) of the guaranteed fuel consumptionGuaranteed Fuel Consumption, the Contract Price shall be reduced by the sum of ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Sixty Thousand United States Dollars (US$ 110,000.-US$60,000) for each full one percent(1percent (1%) increase in fuel consumption and pro rata for any fraction of one percent(1percent (1%) of the Guaranteed Fuel Consumption in excess of the said five percent(5percent (5%) up to maximum of eight percent(8percent (8%) over the Guaranteed Fuel Consumption. (c) If the deficiency in fuel consumption is of the main engine exceeds the Guaranteed Fuel Consumption by more than Eight eight percent (8%) ), then the BUYER may may, at its option option, reject the VESSEL and rescind this Contract in accordance with the provision provisions of Article X hereof, or may accept the VESSEL at a reduction in the Contract Price as above provided for eight percent (8%) only, that is, at a total reduction of One Hundred and Eighty Thousand United Stated Dollars (US$180,000).

Appears in 1 contract

Sources: Ship Building Contract (Danaos Corp)

Fuel Consumption. (a) The Contract Price shall not be affected or changed in case the fuel consumption, as determined by the shop trial as specified in the SPECIFICATIONS , is not more than Five percent (5%) in excess of the guaranteed fuel consumption specified in Paragraph 2 of Article I. (b) However, in the event that the actual fuel consumption at the shop trial is in excess of Five percent (5%) of the guaranteed fuel consumption, the Contract Price shall be reduced by the sum of ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Xxx Xxxxxxx xxx Xxx Xxxxxxxx Xxxxxx Xxxxxx Dollars (US$ 110,000.-) for each full one percent(1%) increase in fuel consumption and pro rata for any fraction of one percent(1%) of the Guaranteed Fuel Consumption in excess of the said five percent(5%) up to maximum of eight percent(8%) over the Guaranteed Fuel Consumption. (c) If the deficiency in fuel consumption is more than Eight percent (8%) then the BUYER may at its option rescind this Contract in accordance with the provision of Article X hereof.

Appears in 1 contract

Sources: Construction Contract