Common use of Design Responsibilities Clause in Contracts

Design Responsibilities. It is expressly agreed and understood that the BUILDER shall be exclusively responsible for all aspects of the design and engineering required in respect of the construction, equipment and completion of the VESSEL in accordance with the provisions of this Contract and the Specifications. The BUILDER shall accordingly be responsible for any additional costs and expenses of construction, equipment and completion of the VESSEL beyond those originally envisaged at the time of signature hereof which result from any deficiency or shortcoming in the ▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ Millennium ExD design or any design or engineering undertaken to develop the same for the purposes of performance of this Contract. It is further expressly agreed that the BUILDER shall be responsible for delivering to the BUYER a semi-submersible vessel that has a variable deck load of at least seven thousand (7,000) metric tonnes at the operating draft, a variable deck load of at least seven thousand (7,000) metric tonnes at the survival draft and a total payload of at least six thousand (6,000) metric tonnes with 0.4 meters freeboard on the pontoons at the transit draft, all as defined in Section 2.5 of the Specifications. If, after VESSEL inclining, the weight and center of gravity are such that these figures are not achievable, the BUILDER shall make whatever modifications to the VESSEL are necessary to provide the completed VESSEL with these variable deck load and transit payload figures. Such modifications could include the addition of faired sponsons to the pontoons and/or the stability columns. However the variable loads required in the preceding paragraph may be reduced if any of the following conditions are met: o An item of Owner Furnished Equipment (OFE) is found to be heavier than the weight contained in the OFE list included in the Contract Specifications. o The weight of the Well Activity Centre(TM) (WAC(TM)) as designed by Hydralift is greater than weight of the WAC(TM) calculated by ▇▇▇▇▇▇ & ▇▇▇▇▇▇▇. o The review of the global structural analysis by ABS requires additional steel to be incorporated into the design (note any such additional steel will have no impact on the Contract Price). The reduction in Payload at the transit draft shall be equal to the increase in weight brought about by any of the above. The reduction in variable deck load at operating and survival drafts shall be the amount of payload at one meter above the maindeck that must be replaced by ballast water at the mid depth of the pontoon in order to maintain the vertical center of gravity of the VESSEL on the required KG curve as a result of the increase in weight brought about by any of the above. Further, the environmental ratings contained in Section 1.5 of the Specifications may be amended by official letter from ABS following their detailed review of the design. Such amendments, if any, will be deemed to be retroactively incorporated into Section 1.5 of the Specifications.