Common use of Modification of Specifications Clause in Contracts

Modification of Specifications. The work to be performed by the Builder under the Contract can be modified or changed by written request from S.V.P, , unless another person is duly appointed in writing by the Buyer, provided that such modifications or changes will not adversely affect the Builder’s other commitments, and provided further that the parties shall first agree to possible adjustment in Contract Price, the Delivery Date and such other terms and conditions occasioned by or resulting from such modification or change. Such agreement shall be effected either by way of exchange of letters duly signed by authorised representatives of the parties, or by signed change order form, or by minutes of meeting or similar signed by authorised representatives of the parties, which shall constitute the necessary amendments to the Contract. Any proposed increase or decrease in the Contract Price shall be calculated in accordance with unit prices (inclusive of administration costs) or budget prices if such prices are available, otherwise as per the Builder’s customary price for such work. Notwithstanding the foregoing (but subject always to the Builder’s right to refuse modifications or changes which adversely affect the Builder’s other commitments), if Builder and Buyer do not agree on the nature or extent of any such adjustments, Buyer may by written instruction require Builder to proceed with the requested modification(s) or change(s) with the consequences of implementing such modification(s) and/or change(s) to be determined pursuant to Article XIX. Any reasonable time and costs incurred by the Builder in preparation of offer(s) to the Buyer following a request for modification or change as set out above, which is not effected by way of signed change order forms or similar, shall be compensated by the Buyer. The Builder is entitled to make minor modifications or changes to the Specifications if found necessary or desirable due to the availability of materials and equipment, the introduction of improvement methods or otherwise, provided that the Builder shall first obtain the Buyer’s approval, which shall not be unreasonably withheld or delayed.

Modification of Specifications. The work to be performed by the Builder under the Contract can be modified or changed by written request from S.V.P, Ni▇▇▇▇▇▇ ▇▇▇▇▇▇, unless another person is duly appointed in writing by the Buyer, provided that such modifications or changes will not adversely affect the Builder’s other commitments, and provided further that the parties shall first agree to possible adjustment in Contract Price, the Delivery Date and such other terms and conditions occasioned by or resulting from such modification or change. Such agreement shall be effected either by way of exchange of letters duly signed by authorised representatives of the parties, or by signed change order form, or by minutes of meeting or similar signed by authorised representatives of the parties, which shall constitute the necessary amendments to the Contract. Any proposed increase or decrease in the Contract Price shall be calculated in accordance with unit prices (inclusive of administration costs) or budget prices if such prices are available, otherwise as per the Builder’s customary price for such work. Notwithstanding the foregoing (but subject always to the Builder’s right to refuse modifications or changes which adversely affect the Builder’s other commitments), if Builder and Buyer do not agree on the nature or extent of any such adjustments, Buyer may by written instruction require Builder to proceed with the requested modification(s) or change(s) with the consequences of implementing such modification(s) and/or change(s) to be determined pursuant to Article XIX. Any reasonable time and costs incurred by the Builder in preparation of offer(s) to the Buyer following a request for modification or change as set out above, which is not effected by way of signed change order forms or similar, shall be compensated by the Buyer. The Builder is entitled to make minor modifications or changes to the Specifications if found necessary or desirable due to the availability of materials and equipment, the introduction of improvement methods or otherwise, provided that the Builder shall first obtain the Buyer’s approval, which shall not be unreasonably withheld or delayed. In the event that any modifications or changes are agreed in respect of Hull no. 312 after the date of this Contract, the Buyer shall be entitled to elect whether to apply the same modification and change to the Vessel, provided always that, subject to differences expressly provided for in this Contract, the Vessel and Hull no. 312 are still considered as identical vessels so that documentation for Hull no. 312 which would otherwise have been reused for the Vessel can continue to be reused for the Vessel and provided that the necessary adjustments to the Contract Price, the Delivery Date and such other terms and conditions under this Contract occasioned by or resulting from such modification or change are first agreed with the Builder in writing (it being acknowledged that different adjustments may be appropriate under the contract for Hull no, 312 and this Contract). For the avoidance of doubt, in the event the Buyer elects to apply modification(s) and/or change(s) for Hull no. 312 that are not applied to the Vessel, and/or vice versa, the Buyer acknowledges that the pricing of such modification(s) and/or change(s) shall reflect the fact that the relevant design and engineering costs shall be allocated to a single vessel and the modification cost may therefore be greater if applied to one vessel rather than two.