EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE shall not be affected or changed by reason of the fuel consumption of the VESSEL’s main engine, as determined by the engine manufacturer’s shop trial as per the SPECIFICATIONS being more than the guaranteed fuel consumption of the VESSEL’s main engine, if such excess is not more than five per cent (5%) over the guaranteed fuel consumption.
EXCESSIVE FUEL CONSUMPTION. If the fuel consumption of any of the Vessel’s six main engines on the test bed using the fuel specified in Box 4C(vii) exceeds the figure stated in Box 4C(iv) the following shall apply:
EXCESSIVE FUEL CONSUMPTION. If the actual fuel consumption of the Main Engine as determined by shop test in manufacturer’s works, as per the Specifications, is greater than the Guaranteed Fuel Consumption, as specified and required under the provisions of this Contract and the Specifications, the BUYER may reject the Main Engine. The SELLER may then, at its option, either (i) rectify the deficiency in the Main Engine in order so that it complies with the requirements of the Contract and the Specifications or (ii) replace it with a Main Engine that does so comply.
EXCESSIVE FUEL CONSUMPTION. (a) The CONTRACT PRICE of the VESSEL shall not be affected or changed by reason of the fuel consumption of the VESSEL’s main engine, as determined by the engine manufacturer’s shop trial as per the SPECIFICATIONS being more than the guaranteed fuel consumption of the VESSEL’s main engine as defined in Article I paragraph 2 hereof, if such excess is not more than five per cent (5%) over the guaranteed fuel consumption. BUYER’s Representatives will be provided fourteen (14) days notice of engine trials in order to be present during aforementioned trials.
EXCESSIVE FUEL CONSUMPTION. (i) The Contract Price shall not be affected or changed by reason of the fuel consumption of the Vessel’s main engine, as determined by the engine manufacturer’s shop trial as per the Specifications being more than the guaranteed fuel consumption of the Vessel’s main engine, if such excess is not more than five percent (5%) over the guaranteed fuel consumption. Buyers Representatives will be provided fourteen (14) days notice of engine trials in order to be present during aforementioned trials.
EXCESSIVE FUEL CONSUMPTION. (a) The Contract Price shall not be affected or changed, by reason of the fuel consumption of the main engine, as determined in accordance with the Specifications, being more than the Guaranteed Fuel Consumption, if such excess is not more than three percent (3%) over the Guaranteed Fuel Consumption.
EXCESSIVE FUEL CONSUMPTION. 2.3.1 - The BUILDER guarantees that the fuel consumption of each of the two (2) gas turbine generator sets at the test bed runs as stipulated in Article I.6 shall not exceed 242.2 grams per kW per hour. The Contract Price shall not be affected or changed if the actual fuel consumption of both generators is not greater than [ * ] above 242.2 grams per kW per hour.
EXCESSIVE FUEL CONSUMPTION. The Contract Price of the Vessel shall not be affected or changed if the fuel consumption of the main engine at the normal output during the shop trial, as determined in accordance with the Specifications, does not exceed three (3) percent above one hundred and sixty six point six grams per kilo watt per hour (166.6gr/kW/hr) at 42,700kW of main engine only on the basis of fuel oil of 42,700 kJ/kg in lower calorific value at 1.S.0. condition. In the event, however, that the fuel consumption exceeds three (3) percent, on the above specified conditions, the Contract Price shall be reduced, as liquidated damages by the sum of ****** for each full one (1) percent in excess of the above said three (3) percent. If the fuel consumption as above stated exceeds by seven (7) percent or more in excess of the above said three (3) percent, the Buyer at its option may accept the Vessel at a reduction in the Contract Price as above specified for a fuel consumption in excess of seven(7) percent above said three (3) percent, that is, at a total reduction of ******, or, subject to the provisions of Paragraph 4) of Article VII, may reject the Vessel and rescind this Contract, in which case the provisions in Paragraph 1) of this Article regarding the Buyer's rescission of the Contract shall be applied.
EXCESSIVE FUEL CONSUMPTION. The BUILDER guarantees that the fuel consumption of each of the two (2) gas turbine generator sets at the test bed runs as stipulated in Article I.5 shall not exceed 242.2 grams per kW per hour. The Contract Price shall not be affected or changed if the actual fuel consumption of both generators is not greater than [*] above 242.2 grams per kW per hour. If the actual fuel consumption of either generator is over [*] greater than 242.2 grams per kW per hour, then, as sole compensation, the Contract Price shall be reduced by the sum of [*] for each full [*] increase in fuel consumption above said [*] (fractions of a percent to be prorated) for each generator. If such actual fuel consumption of either generator is more than [*] greater than 242.2 grams per kW per hour, then the Buyer may, at its option, as an alternative to receiving the above mentioned liquidated damages by way of Contract Price reduction, rescind this Contract. The remaining provisions of the Contract shall be unaffected hereby. The provisions of Articles XIII and XIX of the Contract shall be deemed incorporated herein. All conditions other than those modified by this Addendum No. 2 shall remain unchanged and in full force and effect. In witness whereof, the parties have caused this Addendum No. 2 to be duly executed the 26th day of April, 1998. For and on behalf of For and on behalf of the Buyer the Builder ROYAL CARIBBEAN CRUISES LTD. JOS. X. MXXXX XXXH & CO. By: /s/ Jack Xxxxxxxx By: /s/ Bernxxx Xxxxx ----------------- -------------------- Jack Xxxxxxxx Bernxxx Xxxxx President Managing Partner ------------ *MARKED TEXT OMITTED PURSURANT TO AN APPLICATION FOR AN ORDER FOR CONFIDENTIAL TREATMENT PURSURANT TO RULE 24b-2 UNDER THE SECURITIES AND EXCHANGE ACT OF 1934, AS AMENDED. ADDENDUM NO. 1 TO THE CONTRACT FOR CONSTRUCTION AND SALE OF HULL NO. S-656 With reference to the Contract for Construction and Sale of Hull No. S-656 (the "Contract") dated ___ April, 1998 between the undersigned it is agreed as follows: Based on the finally agreed Specification including the declaration of options by the Buyer as of the date hereof the Contract Price shall be increased by US$6,500,000 (United States Dollars Six Million Five Hundred Thousand). The Terms of Payment for this amount shall be the same as for the Contract Price as stipulated in Article II of the Contract. The remaining provisions of the Contract shall be unaffected hereby. The provisions of Articles XIII and XIX of the Contract shall be de...
EXCESSIVE FUEL CONSUMPTION. The Builder guarantees that the average fuel consumption of the 5 diesel engines at the test bed trial runs shall be 183 grams per kW (Kilowatt) per hour, using fuel oil which has a lower calorific value of 10,200 kcal per kg as stipulated in Article I.5. The Contract Price shall not be affected or changed, if the actual average fuel consumption is not greater than [*] above 183 grams per kW (Kilowatt) per hour, using fuel oil which has a lower calorific value of 10,200 kcal per kg. If the actual average fuel consumption is over [*] greater than 183 grams per kW (Kilowatt) per hour, using fuel oil which has a lower calorific value of 10,200 kcal per kg, then as sole compensation, the Contract Price shall be reduced by the sum of [*] for each full [*] increase in fuel consumption, above said [*] (fractions of a percent to be prorated). If such actual average fuel consumption is more than [*], greater than 183 grams per kW (Kilowatt) per hour, using fuel oil which has a lower calorific value of 10,200 kcal per kg, then the Buyer may, at its option, as an alternative to receiving the above mentioned liquidated damages by way of Contract Price reduction, rescind this Contract.
