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EXHIBIT 1.2
AMENDMENT NO. 1
TO
CONTRACT FOR HULL NUMBER S-31
DATED 16 MARCH 1998
Whereas, Royal Caribbean Cruises Ltd. (the "Shipowner") and Chantiers de
l'Atlantique (the "Builder") have entered into a Contract for Hull Number S-31
dated 16 March 1998 (the "Contract") pursuant to which the Builder has agreed
to construct the vessel having Builder's hull number S-31 (the "Vessel"); and
Whereas, the Shipowner and the Builder wish to amend the Contract to provide
that the Vessel shall be equipped with a different type of machinery and
contain a greater number of passenger cabins;
Now, therefore, in consideration of the premises, and for other good and
valuable consideration the receipt and sufficiency of which are hereby
acknowledged, the parties hereto hereby agree as follows:
1. Article I.1 of the Contract is hereby amended by deleting the phrase
"revised 11 March 1998" from the third and fourth lines thereof and inserting
"revised 20 March 1998" in its place.
Article I.1 of the Contract is hereby further amended by deleting the phrase
"revised 13 March 1998" from the fifth and sixth lines thereof and inserting
the phrase "revised 20 March 1998" in its place.
2. Article I.3.1 of the Contract is hereby amended by (i) increasing the
Vessel's life saving equipment capacity (total) from 3,350 persons to 3,450
persons, (ii) increasing the Vessel's number of passenger cabins from 975
cabins to 1,025 cabins, and (iii) increasing the Vessel's number of crew cabins
from 502 cabins to 503 cabins.
3. Article I.3.2 of the Contract is hereby amended in its entirety to read as
follows:
3.2 MACHINERY
The machinery to consist of two (2) gas turbine generator
sets and one (1) steam turbine generator set (COGES type),
having a total maximum continuous rating of 57,800 kW
electric power under the reference conditions set forth in
the Specifications, to supply power
[PORTIONS OF THIS DOCUMENT HAVE BEEN OMITTED PURSUANT TO AN APPLICATION FOR AN
ORDER FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 24b-2 UNDER THE SECURITIES
EXCHANGE ACT OF 1934, AS AMENDED.]
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to two (2) electric propulsion motors and the remaining
electric systems of the VESSEL as stipulated in the
Specifications.
4. Article I.6 of the Contract is hereby amended in its entirety to read as
follows:
6. FUEL CONSUMPTION
The fuel consumption of each of the VESSEL's two (2) gas
turbine generator sets shall be determined on the test bed
under conditions stipulated in the Specifications, and shall
not exceed 242.2 grams per kW per hour when developing 100%
of Maximum Continuous Rating.
5. Article IX.1 of the Contract is hereby amended by increasing the Contract
Price by Six ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Dollars (U.S.
$6,270,000), so that the Contract Price is now U.S. $346,270,000.
In connection with the foregoing increase in the Contract Price, the Shipowner
shall pay the Builder U.S. $313,500 within three Business Days of the date of
this Amendment as a part of the 1st installment referred to in Article X.1 of
the Contract.
6. Article IX.2.3 of the Contract is hereby amended in its entirety to read as
follows:
2.3 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.
2.3.2 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.
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* TEXT OMITTED PURSUANT TO AN APPLICATION FOR AN ORDER FOR CONFIDENTIAL
TREATMENT PURSUANT TO RULE 24b-2 UNDER THE SECURITIES AND EXCHANGE ACT OF 1934,
AS AMENDED.
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2.3.3 If such actual fuel consumption of either generator is more
than [*] greater than 242.2 grams per kW per hour, then the
SHIPOWNER may, at its option, as an alternative to receiving
the above mentioned liquidated damages by way of Contract
Price reduction, rescind this Contract in accordance with the
provisions of and with the consequences provided for in
Article XII.2 hereof.
7. Except as set forth herein, the Contract remains in full force and effect in
accordance with its terms.
In witness whereof, the parties have caused this Amendment No. 1 to be duly
executed by their authorized representatives on this 24th day of April, 1998.
FOR THE SHIPOWNER FOR THE BUILDER
Royal Caribbean Cruises Ltd. Chantiers de l'Atlantique
By: /s/ ▇▇▇▇▇▇▇ ▇. ▇▇▇▇ By: /s/ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
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▇▇▇▇▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Chairman & CEO Chairman & CEO
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* TEXT OMITTED PURSUANT TO AN APPLICATION FOR AN ORDER FOR CONFIDENTIAL
TREATMENT PURSUANT TO RULE 24b-2 UNDER THE SECURITIES AND EXCHANGE ACT OF 1934,
AS AMENDED.
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