Common use of Description of the Units Clause in Contracts

Description of the Units. (a) Description of the Units Builder, for and in consideration of the sum to be paid by Owner as hereinafter set forth, agrees to design, engineer, build, launch, equip, outfit, complete and deliver at the shipyard as designated in the attached Exhibits, free and clear from liens, claims and encumbrances, four (4) 135’ x 42’ x 22’ Twin Screw Heavy Fuel Burning Ocean Tugs and four (4) 587’ x 74’ x 40’ Ocean ATB Barges (hereinafter individually referred to as the “Vessel(s)” and a Tug and Barge set is collectively referred to as the “Unit(s)”, each of which is more particularly described on the attached Tug Exhibits “A-1-T”, “A-2-T”, “A-3-T” and “A-4-T” and Barge Exhibits “A-1-B”, “A-2-B”, “A-3-B”, “A-4-B”which shall be constructed in accordance with this Contract , those specifications listed on attached Tug Exhibit “B-1” and Barge Exhibit “B-2” and the Plans and Drawings listed on the attached Tug Exhibit “C-l” and Barge Exhibit “C-2” all of which have concurrently been identified and initialed by the parties hereto and made a part hereof as if fully set forth herein. (The Units referred to in the preceding sentence may be referred to as “Unit No. HFO-1”, “Unit No.HFO-2”, “Unit No.HFO-3” and “Unit No.HFO-4” or “Units 1-4” as the context may require.) For purposes of this Contract, the Contract Documents shall consist of the following documents (as each is defined in the Contract): this Contract, Tug Exhibits A-1-T, A-2-T, A-3-T and A-4-T, Barge Exhibits A-▇-▇, ▇-▇-▇, ▇-▇-▇ and A-4-B, Tug Specifications listed on Exhibits B-1 and Barge Specifications B-2, Plans and Drawings listed on Tug Exhibits C-l and Barge Exhibits C-2, any Change Orders executed pursuant to Article IV hereof and amendments in writing properly signed by the parties. Except for any Owner-furnished equipment and materials as may be listed in the Contract Documents in connection with construction of the Vessels (collectively, the “Owner Furnished Equipment”), Builder agrees to furnish all facilities, labor, tools, equipment and material necessary for the construction and delivery of the Vessels. The Units shall be constructed and completed in a good and workmanlike manner with the use of good commercial shipyard practices and marine engineering and procedures to meet the applicable requirements of regulatory bodies as set forth in the Contract Documents, and certificates evidencing the fact that the Units meet required classifications, shall be furnished by Builder to Owner. The Units are to be documented for full ocean service with coastwise rights under the laws of the U.S. and are to be designed, constructed, equipped and outfitted by Builder to comply with and obtain certificates showing compliance with all applicable requirements, as of the Delivery Date, of the American Bureau of Shipping, U.S. Coast Guard or any other applicable regulatory agencies referred to in the Contract Documents. The Contractor shall build the Units under the supervision and survey of the American Bureau of Shipping so that on delivery the Tug Vessels achieve the class notation ABS XAl Towing Vessel XAMS and the Barge Vessels achieve the class notation ABS XAl Oil and Chemical Tank Barge SH free of all conditions, notations, qualifications, recommendations, reservations and restrictions. If any enforced changes in the American Bureau of Shipping or other applicable classification societies’ rules or in the applicable rules of any governmental agency are made subsequent to the date of this Contract necessitating alterations or additions to a Vessel or a Unit, whereby the cost of a Vessel or a Unit is increased, the time required for completion for a Vessel or a Unit is extended and/or a Vessel or a Unit will not attain the performance criteria required by Article X, Owner shall authorize, and pay for such alterations, additional work items, outfit and/or equipment, and shall authorize such additional time as may be required to meet the enforced changes and the required performance criteria, in accordance with Article IV (Changes in the Plans and Specifications) hereof. If the parties agree that such alterations or additions do not involve additional time or cost, they shall be completed by Builder as part of this Contract in accordance with the terms and provisions hereof. All classification, certification, testing, survey and other fees and charges payable to the American Bureau of Shipping and any other third party regulatory bodies required by the Contract in relation to the construction of the Unit shall be for the account of the Builder. Owner shall be solely responsible for ensuring that all Owner Furnished Equipment meets all applicable classification and regulatory requirements.

Description of the Units. (a) Description of the Units Builder, for and in consideration of the sum to be paid by Owner as hereinafter set forth, agrees to design, engineer, build, launch, equip, outfit, complete and deliver at the shipyard as designated in the attached Exhibits, free and clear from liens, claims and encumbrances, four (4) 135’ x 42’ x 22’ Twin Screw Heavy Fuel Burning Ocean Tugs and four (4) 587’ x 74’ x 40’ Ocean ATB Barges (hereinafter individually referred to as the “Vessel(s)” and a Tug and Barge set is collectively referred to as the “Unit(s)”, each of which is more particularly described on the attached Tug Exhibits “A-1A-5-T”, “A-2A-6-T”, “A-3A-7-T” and “A-4A-8-T” and Barge Exhibits “A-1A-5-B”, “A-2A-6-B”, “A-3A-7-B”, “A-4A-8-B”which shall be constructed in accordance with this Contract , those specifications listed on attached Tug Exhibit “B-1” and Barge Exhibit “B-2” and the Plans and Drawings listed on the attached Tug Exhibit “C-l” and Barge Exhibit “C-2” all of which have concurrently been identified and initialed by the parties hereto and made a part hereof as if fully set forth herein. (The Units referred to in the preceding sentence may be referred to as “Unit No. HFO-1HFO-5”, “Unit No.HFO-2HFO-6”, “Unit No.HFO-3HFO-7” and “Unit No.HFO-4HFO-8” or “Units 15-48” as the context may require.) The units shall be identical in all respects, including applicable changes to the previous Vessel No. Four (4) of HFO Units 1-4 under that certain Vessel contract dated August 23, 2005. For purposes of this Contract, the Contract Documents shall consist of the following documents (as each is defined in the Contract): this Contract, Tug Exhibits A-1A-5-T, A-2A-6-T, A-3A-7-T and A-4A-8-T, Barge Exhibits A-▇-▇, ▇-▇-▇, ▇-▇-▇ and A-4A-8-B, Tug Specifications listed on Exhibits B-1 and Barge Specifications B-2, Plans and Drawings listed on Tug Exhibits C-l and Barge Exhibits C-2, any Change Orders executed pursuant to Article IV hereof and amendments in writing properly signed by the parties. Except for any Owner-furnished equipment and materials as may be listed in the Contract Documents in connection with construction of the Vessels (collectively, the “Owner Furnished Equipment”), Builder agrees to furnish all facilities, labor, tools, equipment and material necessary for the construction and delivery of the Vessels. The Units shall be constructed and completed in a good and workmanlike manner with the use of good commercial shipyard practices and marine engineering and procedures to meet the applicable requirements of regulatory bodies as set forth in the Contract Documents, and certificates evidencing the fact that the Units meet required classifications, shall be furnished by Builder to Owner. The Units are to be documented for full ocean service with coastwise rights under the laws of the U.S. and are to be designed, constructed, equipped and outfitted by Builder to comply with and obtain certificates showing compliance with all applicable requirements, as of the Delivery Date, of the American Bureau of Shipping, U.S. Coast Guard or any other applicable regulatory agencies referred to in the Contract Documents. The Contractor shall build the Units under the supervision and survey of the American Bureau of Shipping so that on delivery the Tug Vessels achieve the class notation ABS XAl Towing Vessel XAMS and the Barge Vessels achieve the class notation ABS XAl Oil and Chemical Tank Barge SH free of all conditions, notations, qualifications, recommendations, reservations and restrictions. If any enforced changes in the American Bureau of Shipping or other applicable classification societies’ rules or in the applicable rules of any governmental agency are made subsequent to the date of this Contract necessitating alterations or additions to a Vessel or a Unit, whereby the cost of a Vessel or a Unit is increased, the time required for completion for a Vessel or a Unit is extended and/or a Vessel or a Unit will not attain the performance criteria required by Article X, Owner shall authorize, and pay for such alterations, additional work items, outfit and/or equipment, and shall authorize such additional time as may be required to meet the enforced changes and the required performance criteria, in accordance with Article IV (Changes in the Plans and Specifications) hereof. If the parties agree that such alterations or additions do not involve additional time or cost, they shall be completed by Builder as part of this Contract in accordance with the terms and provisions hereof. All classification, certification, testing, survey and other fees and charges payable to the American Bureau of Shipping and any other third party regulatory bodies required by the Contract in relation to the construction of the Unit shall be for the account of the Builder. Owner shall be solely responsible for ensuring that all Owner Furnished Equipment meets all applicable classification and regulatory requirements.