Common use of Modifications to Specifications Clause in Contracts

Modifications to Specifications. (a) Upon the Buyer’s request in writing, the Specifications may be modified and /or changed provided that such modifications or changes or an accumulation of such modifications or changes will in the Builder’s reasonable judgment neither adversely affect the Builder’s design of the Vessel nor adversely affect the Builder’s construction schedule of the Vessel or program in relation to the Builder’s other binding commitments, provided always that the Buyer shall first agree, before such modifications or changes are carried out, to adjustments reasonably required by the Seller and/or the Builder to the Contract Price, the Expected Delivery Date, the Guaranteed Speed, the Guaranteed Fuel Consumption, the Guaranteed Deadweight and/or other terms and conditions of this Contract and the Specifications, if any, caused by such modifications or changes. Such modifications or changes and adjustment shall be confirmed by written agreement between the parties hereto, or by exchange of fax messages and thereafter effected by the Builder. The Builder will exert its best efforts to accommodate such request of the Buyer so that the said changes and modifications shall be made at the Builder’s lowest possible cost and within the shortest period of time as is reasonably possible. (b) Without impairing the intent of the Specifications, the Builder may make minor modifications or changes to the Specifications if found necessary for the introduction of improved design, construction methods or otherwise, provided that there shall be no change in the Contract Price as a result of such changes unless otherwise agreed upon between the parties hereto and that the Seller shall first obtain the Buyer’s approval in writing which shall not be unreasonably withheld.