Common use of Modifications Changes and Extras Clause in Contracts

Modifications Changes and Extras. 1. How Effected : Any modifications and/or changes in the SPECIFICATIONS shall be made by written agreement of the parties hereto provided, however, that any modifications and/or changes requested by the BUYER or an accumulation of such modifications and/or changes will not adversely affect the BUILDER’s planning or programme in relation to the BUILDER’s other commitments and if the BUYER shall assent to adjustment of the Contract Price, time for delivery of the VESSEL and other terms and conditions of this Contract as hereinafter provided. The BUILDER hereby agrees to exert its best efforts to accommodate such reasonable request by the BUYER so that the said changes and/or modifications may be made at a reasonable cost and within the shortest period of time which is reasonably possible. Any such agreement for modifications and/or changes shall include an agreement as to the increase or decrease, if any, in the Contract Price of the VESSEL together with an agreement as to any extension or reduction in the time of delivery, or any other alterations in this Contract or the SPECIFICATIONS occasioned by such modifications and/or changes. The aforementioned agreement to modify and/or change the SPECIFICATIONS may be effected by an exchange of letters signed by the authorized representatives of the parties hereto, or telefax confirmed in writing, manifesting such agreement. Such letters and confirmed message exchanged by the parties hereto pursuant to the foregoing shall constitute an amendment of the SPECIFICATIONS , and such letters and message shall be incorporated into this Contract and made a part hereof. The BUILDER may make minor changes to the SPECIFICATIONS , if found necessary for introduction of improved production methods or otherwise, provided that the BUILDER shall first obtain the BUYER’s approval which shall not be unreasonably withheld.

Modifications Changes and Extras. 1. How Effected : Any Minor modifications and/or or changes in to the SPECIFICATIONS shall and the PLAN under which the VESSEL is to be constructed may be made at any time hereafter by written agreement of the parties hereto provided, however, that any modifications and/or changes hereto. Any modification or change requested by the BUYER or an accumulation of such modifications and/or changes will which does not adversely affect the BUILDER’s planning or programme in relation frame-work of the SPECIFICATIONS shall be agreed to by the BUILDER’s other commitments and BUILDER if the BUYER shall assent agrees to adjustment of the Contract PriceCONTRACT PRICE, time for delivery of deadweight and/or cubic capacity, speed requirements, the VESSEL DELIVERY DATE and other terms and conditions of this Contract CONTRACT reasonably required as hereinafter provideda result of such modification or change. The BUILDER hereby has the right to continue construction of the VESSEL on the basis of the SPECIFICATIONS and the PLAN until the BUYER has agreed to such adjustments. The BUILDER shall be entitled to refuse: to make any alteration, change or modification of the SPECIFICATIONS and/or the PLAN requested by the BUYER, if the BUYER does not agree to the aforesaid adjustments within fourteen (14) days of the BUILDER’s notification of the same to the BUYER, or, if, in the BUILDER’s judgement, the compliance with such request of the BUYER would cause an unreasonable disruption of the normal working schedule of the SHIPYARD. The BUILDER, however, agrees to exert its best efforts to accommodate such reasonable request by the BUYER so that the said changes and/or modifications may change and modification shall be made at a reasonable cost and within the shortest period of time which is reasonably possible. Any such agreement for modifications and/or changes shall include an agreement as to the increase or decrease, if any, in the Contract Price of the VESSEL together with an agreement as to any extension or reduction in the time of delivery, or any other alterations in this Contract or the SPECIFICATIONS occasioned by such modifications and/or changes. The aforementioned agreement to modify and/or and change the SPECIFICATIONS and the PLAN may be effected by an exchange of letters signed by or facsimiles manifesting the authorized representatives of the parties hereto, or telefax confirmed in writing, manifesting such agreement. Such The letters and confirmed message facsimiles exchanged by the parties hereto pursuant to the foregoing shall constitute an amendment of to this CONTRACT, the SPECIFICATIONS , and such letters and message or the PLAN under which the VESSEL shall be incorporated into this Contract built. Upon consummation of such an agreement to modify and made a part hereof. The BUILDER may make minor changes to change the SPECIFICATIONS or the PLAN, if found necessary for introduction of improved production methods or otherwise, provided that the BUILDER shall first obtain alter the BUYER’s approval which shall not construction of the VESSEL in accordance therewith including any addition to, or deduction from, the work to be unreasonably withheldperformed in connection with such construction.

Modifications Changes and Extras. 1. How Effected : Any modifications and/or 1 HOW EFFECTED Modifications or changes in to the SPECIFICATIONS shall and the PLAN under which the VESSEL is to be constructed may be made at any time hereafter by written agreement of the parties hereto provided, however, that any hereto. For the avoidance of doubt modifications and/or required as a result of changes in Class Rules and Regulations shall be governed by Clause 3 of this Article. Any modification or change requested by the BUYER or an accumulation of such modifications and/or changes will which does not adversely affect the BUILDER’s planning or programme in relation frame-work of the SPECIFICATIONS shall be agreed to by the BUILDER’s other commitments and BUILDER if the BUYER shall assent agrees to a reasonable adjustment of the Contract PriceCONTRACT PRICE, time for delivery of deadweight and/or cubic capacity, speed requirements, the VESSEL Delivery Date and other terms and conditions of this Contract CONTRACT reasonably required as hereinafter provideda result of such modification or change. The BUILDER hereby has the right to continue construction of the VESSEL on the basis of the SPECIFICATIONS and the PLAN until the BUYER has agreed to such adjustments. The BUILDER shall be entitled to refuse to make any alteration, change or modification of the SPECIFICATIONS and/or the PLAN requested by the BUYER, if the BUYER does not agree to the aforesaid adjustments within seven (7) days of the BUILDER’S notification of the same to the BUYER, or, if, in the BUILDER’S reasonable judgment, the compliance with such request of the BUYER would cause an unreasonable disruption of the normal working schedule of the SHIPYARD. The BUILDER, however, agrees to exert its best reasonable efforts to accommodate such reasonable request by the BUYER so that the said changes and/or modifications may change and modification shall be made at a reasonable cost and within the shortest period of time which is reasonably possible. Any such agreement for modifications and/or changes shall include an agreement as to the increase or decrease, if any, in the Contract Price of the VESSEL together with an agreement as to any extension or reduction in the time of delivery, or any other alterations in this Contract or the SPECIFICATIONS occasioned by such modifications and/or changes. The aforementioned agreement to modify and/or and change the SPECIFICATIONS and the PLAN may be effected by an exchange of letters signed by or facsimiles manifesting the authorized representatives of the parties hereto, or telefax confirmed in writing, manifesting such agreement. Such The letters and confirmed message facsimiles exchanged by the parties hereto pursuant to the foregoing shall constitute an amendment of to this CONTRACT and the SPECIFICATIONS , and such letters and message or the PLAN under which the VESSEL shall be incorporated into this Contract built. Upon consummation of such an agreement to modify and made a part hereof. The BUILDER may make minor changes to change the SPECIFICATIONS or the PLAN, if found necessary for introduction of improved production methods or otherwise, provided that the BUILDER shall first obtain alter the BUYER’s approval which shall not construction of the VESSEL in accordance therewith including any addition to, or deduction from, the work to be unreasonably withheldperformed in connection with such construction.

Modifications Changes and Extras. 1. How Effected Effected: Any modifications The Specifications may be modified and/or changes in the SPECIFICATIONS shall be made changed by written agreement of the parties hereto providedparties, however, that any modifications and/or changes requested by the BUYER or an accumulation of such modifications and/or changes will not adversely affect the BUILDER’s planning or programme program in relation to the BUILDER’s other commitments and if the BUYER shall assent to adjustment of the Contract Price, time for delivery of the VESSEL and DRILLSHIP, other terms and conditions of this Contract as hereinafter providedand the Specifications occasioned by or resulting from such modifications and/or changes. The BUILDER hereby agrees to exert its best efforts to accommodate such reasonable request by the BUYER so that the said changes and/or modifications may be made at a reasonable cost and within the shortest period of time which that is reasonably possible. Any such agreement for modifications and/or changes shall include an agreement as to the increase or decrease, if any, in the Contract Price of the VESSEL DRILLSHIP together with an agreement as to any extension or reduction in the time of delivery, or any other alterations in this Contract or the SPECIFICATIONS Specifications occasioned by such modifications and/or changes. The aforementioned agreement to modify and/or change the SPECIFICATIONS Specifications may be effected by an exchange of letters signed by the authorized representatives of the parties hereto, or telefax confirmed in writing, manifesting such agreement. Such letters and confirmed message exchanged by the parties hereto pursuant to the foregoing shall constitute an amendment of the SPECIFICATIONS Specifications, and such letters and message shall be incorporated into this Contract and made a part hereof. The failure of the parties to agree on the increase or decrease in the Contract Price, or extension or reduction in the time of delivery, if any, for any modifications or changes requested by the BUYER shall not prevent the BUILDER from performing any agreed work so as not to prevent the proper progress of the DRILLSHIP’s design, construction, building, launching, equipping, testing and completion, but shall be dealt with in accordance with Article XII. The BUILDER may make minor changes to the SPECIFICATIONS Specifications, if found necessary for introduction of improved production methods or otherwise, provided that the BUILDER shall first obtain the BUYER’s approval which that shall not be unreasonably withheld.

Modifications Changes and Extras. 1. How Effected Effected: Any modifications and/or changes in the SPECIFICATIONS Specifications under which the VESSEL is to be constructed shall be made by written agreement of the parties hereto provided, however, that any modifications and/or changes requested by the BUYER or an accumulation of such modifications and/or changes will not adversely affect the BUILDER’s planning or programme in relation to the BUILDER’s other commitments and if the BUYER and BUILDER shall assent agree to adjustment of the Contract Price, time for delivery of the VESSEL and other terms and conditions of this Contract as hereinafter provided. The BUILDER hereby agrees to exert its best efforts to accommodate such reasonable request by the BUYER so that the said changes and/or modifications may be made at a reasonable cost and within the shortest period of time which is reasonably possible. Any such agreement for modifications and/or changes shall include an agreement as to the increase or decrease, if any, in the Contract Price of the VESSEL together with an agreement as to any extension or reduction in the time of delivery, or any other alterations in this Contract Contract, or the SPECIFICATIONS Specifications or the Approved Drawings occasioned by such modifications and/or changes. The aforementioned agreement to modify and/or change the SPECIFICATIONS Specifications and/or Approved Drawings may be effected by an exchange of letters signed by the authorized representatives Representatives of the parties hereto, or telefax telex or facsimile confirmed in writing, manifesting such agreement. Such letters and confirmed message telex and facsimile exchanged by the parties hereto pursuant to the foregoing shall constitute an amendment of the SPECIFICATIONS Specifications, and such letters and message telex and facsimile shall be incorporated into this Contract and made a part hereof. The BUILDER may make minor changes to the SPECIFICATIONS Specifications, if found necessary for introduction of improved production methods or otherwise, provided that the BUILDER shall first obtain the BUYER’s written approval which shall not be unreasonably withheld.

Modifications Changes and Extras. 1. How Effected Effected: Any modifications and/or changes in the SPECIFICATIONS Specifications under which the VESSEL is to be constructed shall be made by written agreement of the parties hereto provided, however, that any modifications and/or changes requested by the BUYER or an accumulation of such modifications and/or changes will not adversely affect the BUILDERSELLER’s planning or programme in relation to the BUILDERSELLER’s other commitments and if the BUYER and SELLER shall assent agree to adjustment of the Contract Price, time for delivery of the VESSEL and other terms and conditions of this Contract as hereinafter provided. The BUILDER SELLER hereby agrees to exert its best efforts to accommodate such reasonable request by the BUYER so that the said changes and/or modifications may be made at a reasonable cost and within the shortest period of time which is reasonably possible. Any such agreement for modifications and/or changes shall include an agreement as to the increase or decrease, if any, in the Contract Price of the VESSEL and if necessary which instalment is to reflect the increase or decrease of the Contract Price together with an agreement as to any extension or reduction in the time of delivery, or any other alterations in this Contract Contract, or the SPECIFICATIONS Specifications or the Approved Drawings occasioned by such modifications and/or changes. If after the exertion of such best efforts by the SELLER in response to the BUYER’s reasonable request, the parties fail to conclude the above-mentioned agreement, then the SELLER shall have no obligation to comply with the BUYER’s request. The aforementioned agreement to modify and/or change the SPECIFICATIONS Specifications and/or Approved Drawings may be effected by an exchange of letters signed by the authorized representatives Representatives of the parties hereto, or telefax telex or facsimile confirmed in writing, manifesting such agreement. Such letters and confirmed message telex and facsimile exchanged by the parties hereto pursuant to the foregoing shall constitute an amendment of the SPECIFICATIONS Specifications, and such letters and message telex and facsimile shall be incorporated into this Contract and made a part hereof. The BUILDER SELLER may make minor changes to the SPECIFICATIONS Specifications, if found necessary for introduction of improved production methods or otherwise, provided that the BUILDER SELLER shall first obtain the BUYER’s written approval which shall not be unreasonably withheld.