Addendum to the Shipbuilding Contract of one AHTS Vessel Fincantieri Hull No. 6173
Addendum
to the Shipbuilding Contract
of
one AHTS Vessel Fincantieri Hull No. 6173
This
Addendum is made and entered into on this 17th of June 2010
between:
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1.
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FINCANTIERI
— Cantieri Navali Italiani, S.p.A., 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,
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hereinafter
referred to as “FINC”
and
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2.
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ATL
Offshore GmbH & Co. "ISLE OF USEDOM" KG, 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,
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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 20/03/2007 as from
time to time supplemented and amended (the “Shipbuilding Contract”) for
the construction of one AHTS Vessel bearing FINC Hull No. 6173 (“the
Vessel”); and
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B)
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A
Technical Statement of Delivery has been concluded between the parties on
9th of June 2010 in respect of hull numbers 6173, 6172 and 6169
and
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C)
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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 second half of June
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 gross negligence or willful misconduct of FINC)
for the Vessel between the date on which the parties hereby conventionally
agree that the Vessel is ready for delivery, i.e. June 13, 2010 and the
actual delivery date. However, FINC to take out the respective insurance
cover until the Vessel will be actually delivered to the Buyer. Usual
maintenance activities, pier availability, surveillance, insurance and
fireguard shall be provided by FINC at a cost of EUR 3,285.00 per day.
After delivery, a period of ten days will be free of charge, and in case
an exceeding stay at pier is required, the parties will agree the
applicable rate. The respective costs shall be reimbursed by the Buyer in
accordance with the previous practice between the Parties. Any outstanding
predelivery instalment under the Shipbuilding Contract is 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 2,100,000.00 for a period of April 26, 2007 until May 9,
2007; and
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(ii)
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for
an amount of EUR 2,111,974.38 for a period of November 17, 2008 until
December 12, 2008; and
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(iii)
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for
an amount of EUR 4,223,900.00 for a period of September 14, 2009 until
actual delivery of the Vessel; and
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(iv)
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for
an amount of EUR 4,365,407.50 for a period of March 22, 2010 until actual
delivery of the Vessel; and
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(v)
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for
an amount of EUR 29,688,107,50 for a 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.
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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4.
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All
other terms and conditions to remain
unchanged.
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3
| on behalf of the Buyer: | ||
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/s/ Xxxxx Xxxxxxxxx | |
| Xxxxx Xxxxxxxxx | ||
| on behalf of FINCANTIERI -- Cantieri Navali Italiani S.p.A. | ||
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/s/ | |
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