Addendum to the Shipbuilding Contract of one AHTS Vessel Fincantieri Hull N° 6163
Addendum
to the Shipbuilding Contract of one AHTS Vessel Fincantieri Hull N°
6163
This
Addendum is made and entered into on this ___ February 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 LANGEOOG ”
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”
1
WHEREAS
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A)
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The
Parties have entered into a Shipbuilding Contract dated 3/11/2006 as from
time to time supplemented and amended (the “Shipbuilding Contract”) for
the construction of one AHTS Vessel bearing FINC Hull No. 6163 ( “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 February 2010, latest however
on 10th February
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 14th
December 2009 – being 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 Agreement as of December 14, 2009 and FINC’s letter MM-PMA MNZ
192.
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3.
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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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2
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4.
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The
Buyer shall pay interest in the amount of 6-month EURIBOR plus
2%
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(i)
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for
an amount of EUR 3,681,200 for a period of 7th
July, 2009 until actual delivery of the Vessel;
and
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(ii)
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for
an amount of EUR 3,861,200 for a period of 2nd
October, 2009 until actual delivery of the Vessel;
and
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(iii)
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for
an amount of EUR 26,144,320.00 for the period of 14th
December, 2009 until the date of 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:
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/s/ Xx.
Xxxxx Xxxxxxxx
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on
behalf of FINCANTIERI Cantieri Navali S.p.A.
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/s/ Xxxxxxx
Xxxxxxxxx
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