--- type: court_doc id: "court_ctb_924_1" court: "CTB" case_no: "22-50073" doc_number: 924 doc_type: "UNKNOWN" filed_date: "2022-10-06" lang: "en" machine_translated: false url: "https://mubeitech.com/en/court/court_ctb_924_1" json_url: "https://mubeitech.com/api/court/court_ctb_924_1" --- # Guo Wengui / Miles Guo — bankruptcy case · ECF #924-1 Case 22-50073 Doc 924-1 Filed 10/06/22 Entered 10/06/22 10:56:26 Page 2 of 43 HOME OFFICE 500 World Commerce Parkway St. Augustine, FL 32092　FOR INQUIRIES PLEASE REFERENCE THIS NUMBER CUSTOMER QUOTE　* EXPIRES 10/15/22　CHARGE　DOCUMENT NO.　00Q051982 SOLD TO BEARD EQUIPMENT CO INC　CUSTOMER NO.　SHIP TO　FILLED BY　{{{00Q051982 2480 E I65 SERVICE RD NORTH MOBILE AL　36617　003387　W/C LOCATION STORE 00　W/C PIECES ORDERED BY　TELEPHONE　CUST. ORDER NO.　INSTRUCTIONS　DELIVERY LOCATION　SHIP VIA DEREK 386326268　904-296-5000　00:　00:　WILL MAKE MODEL　SERIAL NO.　EQUIP NO.　ARRANGEMENT NO. DATE　TIME　ENT. BY　REFERENCE NO.　PAGE 9/15/22 15:27:48 CWH　1 ITEM ----QUANTITY--- PART NUMBER/ NO. ORDER SHIP B/O PARTS SALES PERSON: HEYRMAN, CARL W.　DESCRIPTION　LOCATION N/R　NET TR SOS WEIGHT　UNIT PRICE EXTD PRICE 2　2 307-4581 CORE AS-AFTC　QN AAA 106.5　6807.47　13614.94 TOTAL NET WEIGHT OF SHIPPED ITEMS　213.0 NEED A HOSE BUILT? VISIT ANY RING POWER LOCATION TODAY. ALL MAKES!!!! TAX EXEMPT LIC # FL RESALE EXEMP USD SELL TOTAL　13614.94 SIGNATURE REQUIRED SEE REVERSE FOR PARTS RETURN POLICY　/　/　ORIGINAL RECEIVED BY　PRINT NAME　DATE RECEIVED Quote No: 86357 - 1 MY LADY MAY 757 5TH AVE NEW YORK NY 10153 **PER YOUR REQUEST, WE HAVE ESTIMATED REPAIRS ON THE MACHINE LISTED BELOW. A REPAIR DESCRIPTION WITH LABOR AND/OR PARTS IS ATTACHED. UPON DISASSEMBLY OF THE COMPONENT(S) TO BE REPAIRED,ADDITIONAL PARTS AND LABOR MAY BE NECESSARY. IF SO, A QUOTE FOR ADDITIONAL REPAIRS WILL BE FORWARDED TO YOU FOR APPROVAL. NOTE: AN AUTHORIZED REPRESENTATIVE OF YOUR COMPANY SHOULD SIGN AND RETURN THIS REPAIR ESTIMATE. ONLY UPON RECEIPT OF THE SIGNED ESTIMATE WILL REPAIRS BE PERFORMED. A PURCHASE ORDER NUMBER SHOULD BE SUPPLIED IF REQUIRED BY YOUR COMPANY.** CUSTOMER NO.　QUOTE NO.　DATE　CONTACT 784133　86357　8/18/2022 RASMUS NIELSEN PHONE NO.　FAX NO.　EMAIL 475 301 8961　chiefengineer@yachtladymay.com MODEL　MAKE　SERIAL NO. C32　CATERPILLAR　RNZ00974 UNIT NO.　WO NO.　P.O. NO. PME TRAVEL TO/FROM MARINE PROPULSION PACKAGE NOTES: 2 TECHNICIANS TO ATTEND VESSEL. ONLY MEALS AND LODGING ARE QUOTED FOR THE SERVICE OF BOTH MAIN ENGINES. TRAVEL TIME AND MILEAGE IS QUOTED ON THE ESTIMATE FOR GEAR WORK ON STBD ENGINE AS ALL JOBS TO BE DONE ON THE SAME TRIP. Total Estimated Misc:　1,800.00 Segment 01 Total:　1,800.00 PERFORM MAINTENANCE ON ENGINE NOTES: 2 TECHNICIANS TO ATTEND VESSEL IN BRIDGEPORT CONNECTICUT TO PERFORM 3000 HOUR SVC ON PORT MAIN ENGINE. SCOPE OF WORK TO INCLUDE: PERFORM MULTI-POINT ENGINE AND MARINE GEAR INSPECTION USING CAT INSPECT OBTAIN ECM DOWNLOAD CHECK AND UPDATE SOFTWARE (FLASH FILE) REPLACE ZINCS IN ENGINE AND GEAR COOLER CLEAN INSPECT AIR FILTERS/SEPS INSPECT AFTERCOOLER DRAIN INSPECT AND CLEAN CRANKCASE BREATHER INSPECT HOSES, BELTS, AND CLAMPS INSPECT BATTERY VOLTAGE AND ELECTROLYTE LEVEL AND CABLES (IF APPLICABLE) Case 22-50073 Doc 924-1 Filed 10/06/22 REPLACE ENGINE OIL AND OIL FILTERS REPLACE FUEL FILTERS REPLACE RACOR SEPARATORS (2) INSPECT RAW WATER IMPELLER (IF APPLICABLE) PERFORM DOCKSIDE FUNCTION TEST REPLACE CCV FUMES DISPOSAL FILTER ELEMENT (2) REPLACE RAW WATER IMPELLER (EXCLUDING BRASS) REPLACE OIL AND FILTER ON MARINE GEAR OBTAIN LEVEL 2 COOLANT SAMPLE REPLACE ENGINE BELTS CHECK/ADJUST VALVE LASH REPLACE THERMOSTATS ************************************************** CUSTOMER TO SUPPLY ALL FLUIDS, FILTERS, AND PARTS WITH THE EXCEPTION OF THE FOLLOWING: - ZINC ANODES - COOLING SYSTEM TEMP. REGULATOR -FUEL TRANSFER PUMP　Entered 10/06/22 10:56:26　Page 4 of 43 Total Estimated Parts:　250.00 Total Estimated Labor:　3,614.00 Segment 02 Total:　3,864.00 CLEAN AND TEST HEAT EXCHANGER NOTES: HEAT EXCHANGER WILL BE REMOVED AND SENT OUT TO BE CLEANED AND TESTED, THEN WILL BE RE-INSTALLED. -IF ANY ITEMS ARE FOUND TO NOT MEET CAT REUSE GUIDELINES AN ESTIMATE WILL BE PREPARED FOR APPROVAL. Segment 03 Total:　5,999.00 CLEAN AND TEST AFTERCOOLER CORE NOTES: AFTERCOOLER CORE TO REMOVED AND SENT OUT TO BE CLEANED AND TESTED, THEN REINSTALLED. -ANY ITEMS FOUND TO NOT MEET CAT REUSE GUIDELINES Segment 04 Total: 3,616.00 Total Segments: 15,279.00 ENVIRONMENTAL/MISCELLANEOUS 300.00 SUB TOTAL (BEFORE TAXES) 15,579.00 TOTAL ESTIMATE 15,579.00 WILL BE QUOTED. Case 22-50073 Doc 924-1 Filed 10/06/22 Entered 10/06/22 10:56:26 Page 5 of 43 I hereby authorize the above repair work to be done along with the necessary materials. Ring Power Corporation and it's employees may operate above equipment for purposes of testing. Inspection or delivery at my risk. An expressed mechanics lien is acknowledged on equipment to secure the cost of all repairs thereto. Ring Power Corporation is not responsible for loss or damage to equipment in case of fire, theft, accident, or any other cause beyond our control. Replaced parts will be held for a period of ten days after work completion. The cost of labor and parts in determining any estimate shall be borne by the customer. PO#: ______________　Authorized Name: ______________________________ (signature) Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (print) Thank you for this opportunity to serve your company CONTACT INFORMATION: Prepared by: Derek Dobbs Phone: +1-407-961-9262 Email: Derek.Dobbs@RingPower.Com Fax: JOB SITE: - -This estimate is made subject to buyer's acceptance within (10) ten days from this date -All prices are subject to change without notice, and those in effect on date of shipment shall prevail -Terms are Net 30 Days from receipt of invoice -Estimate excludes sales tax, incoming freight, environmental and additional charges for parts/labor not included in the above mentioned. -Customer will be contacted should estimate exceed 10% THIS WORK ORDER IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. AUTHORITY TO PERFORM REPAIRS It is understood that, "upon receipt" of any item of equipment for repair, maintenance or other work, Ring Power may examine the item of equipment as to work which Ring Power may suggest to be performed in addition to whatever work, if any, might have been requested by customer. All work (requested by customer or suggested by Ring Power) to be noted on a form as supplied by Ring Power. a. Time and Material Work - Ring Power will proceed with the work agreed upon at current labor and parts prices. b. Firm Price - If requested, a firm price in writing will be given to the customer for labor and/or parts to do specific repair. Any agreed a upon repair order not covered by a firm written quotation will be billed at current time and material prices c. Unforeseen Problems or Additional Repairs. In the event that during the course of the Work, additional repair work is found to be necessary pursuant to Ring Power's examination and inspection of the Equipment, then in such event Ring Power will attempt to communicate with the Customer as to the additional repair work; provided, however, that in the event Ring Power is unable to communicate with the Customer, then Ring Power, at its sole discretion, shall have the absolute right to cease any and all repairs on the Equipment until such time as the additional repairs are discussed with the Customer. In the event the Customer consents to the additional repairs, Ring Power shall have the right to proceed with the repair of the same without further communication with the Customer and any and all additional repairs will be charged to the Customer at current time and material prices. 2. HOLD HARMLESS AGREEMENT FOR CUSTOMER PARTICIPATION IN SERVICE WORK - In the event customer or customers' personnel assists our mechanics in performing service work, customer agrees to hold harmless and fully indemnify Ring Power for injuries or damages to anyone arising out of customer assisting Ring Power personnel in servicing or repairing customer's equipment. 3. WARRANTY INFORMATION - Ring Power warrants the work performed to be free from defects in material and workmanship for a period of ninety days. Ring Power's obligation under this warranty shall be limited to the repair or replacement at Ring Power's premises of those new parts previously installed or labor previously performed demonstrated to be defective. SUCH REMEDY SHALL CONSTITUTE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND CUSTOMER HEREBY AGREES THAT NO OTHER REMEDY (INCLUDING, BUT NOT LIMITED TO CLAIMS FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY CAUSE, LOSS, ACTION, CLAIM OR DAMAGE, INCLUDING LOSS OF TIME, WHATSOEVER, OR INJURY TO PERSON OR PROPERTY OR ANY OTHER CONSEQUENTIAL DAMAGE OR INCIDENTAL OR ECONOMIC LOSS) SHALL BE AVAILABLE TO CUSTOMER. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUBSTANDARD REPAIR WORK MAY BE PERFORMED UPON REQUEST OF CUSTOMER AND ACCORDING TO CUSTOMER'S INSTRUCTIONS BUT SUCH WORK WILL CARRY ABSOLUTELY NO WARRANTY WHATSOEVER. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT NO VERBAL CONTRACTS, AGREEMENTS OR WARRANTIES OTHER THAN WHAT IS SET FORTH HEREIN HAVE BEEN RECEIVED OR GIVEN. 4. PAYMENT - Customer will make payment for services rendered by Ring Power pursuant to this work order at such times and in such manner as may be prescribed by Ring Power. In the event of nonpayment by a customer, the cost incurred by Ring Power in collecting the indebtedness, including attorney's fees and expenses, both in the trial court and on any and all appeals, with interest at the maximum rate allowed by law from date of expenditure, shall be added to the principal amount of the indebtedness owed to Ring Power. These provisions are not exclusive and Ring Power may elect other remedies at law and at equity. 5. RISK OF LOSS - Ring Power carries an Equipment Floater Insurance Policy covering all risk (except war, wear and tear, etc.) for the current value (replacement cost less depreciation) on customer's equipment in Ring Power's custody or control. All risk of loss and damage not covered in above policy shall be borne solely by its owner. 6. SEVERABILITY CLAUSE - Any provisions of this Agreement found to be prohibited by law shall be immediately ineffective to the extent of such prohibition without invalidating the rest of this Agreement. 7. APPLICABLE LAW - This Agreement shall be deemed to be governed by the laws of the State of Florida. Quote No: 86346 - 1 MY LADY MAY 757 5TH AVE NEW YORK NY 10153 **PER YOUR REQUEST, WE HAVE ESTIMATED REPAIRS ON THE MACHINE LISTED BELOW. A REPAIR DESCRIPTION WITH LABOR AND/OR PARTS IS ATTACHED. UPON DISASSEMBLY OF THE COMPONENT(S) TO BE REPAIRED,ADDITIONAL PARTS AND LABOR MAY BE NECESSARY. IF SO, A QUOTE FOR ADDITIONAL REPAIRS WILL BE FORWARDED TO YOU FOR APPROVAL. NOTE: AN AUTHORIZED REPRESENTATIVE OF YOUR COMPANY SHOULD SIGN AND RETURN THIS REPAIR ESTIMATE. ONLY UPON RECEIPT OF THE SIGNED ESTIMATE WILL REPAIRS BE PERFORMED. A PURCHASE ORDER NUMBER SHOULD BE SUPPLIED IF REQUIRED BY YOUR COMPANY.** CUSTOMER NO.　QUOTE NO.　DATE　CONTACT 784133　86346　8/18/2022 RASMUS NIELSEN PHONE NO.　FAX NO.　EMAIL 475 301 8961　chiefengineer@yachtladymay.com MODEL　MAKE　SERIAL NO. C32　CATERPILLAR　0RNZ00997 UNIT NO.　HOURS　WO NO.　P.O. NO. TRAVEL TO/FROM MARINE PROPULSION PACKAGE NOTES: 2 TECHNICIANS TO ATTEND VESSEL. ONLY MEALS AND LODGING ARE QUOTED FOR THE SERVICE OF BOTH MAIN ENGINES. TRAVEL TIME AND MILEAGE IS QUOTED ON THE ESTIMATE FOR GEAR WORK ON STBD ENGINE AS ALL JOBS TO BE DONE ON THE SAME TRIP. Total Estimated Misc:　1,800.00 Segment 01 Total:　1,800.00 PERFORM MAINTENANCE ON ENGINE NOTES: 2 TECHNICIANS TO ATTEND VESSEL IN BRIDGEPORT CONNECTICUT TO PERFORM 3000 HOUR SVC ON STBD MAIN ENGINE. SCOPE OF WORK TO INCLUDE: PERFORM MULTI-POINT ENGINE AND MARINE GEAR INSPECTION USING CAT INSPECT OBTAIN ECM DOWNLOAD CHECK AND UPDATE SOFTWARE (FLASH FILE) REPLACE ZINCS IN ENGINE AND GEAR COOLER CLEAN INSPECT AIR FILTERS/SEPS INSPECT AFTERCOOLER DRAIN INSPECT AND CLEAN CRANKCASE BREATHER INSPECT HOSES, BELTS, AND CLAMPS INSPECT BATTERY VOLTAGE AND ELECTROLYTE LEVEL AND CABLES (IF APPLICABLE) Case 22-50073 Doc 924-1 Filed 10/06/22 REPLACE ENGINE OIL AND OIL FILTERS REPLACE FUEL FILTERS REPLACE RACOR SEPARATORS (2) INSPECT RAW WATER IMPELLER (IF APPLICABLE) PERFORM DOCKSIDE FUNCTION TEST REPLACE CCV FUMES DISPOSAL FILTER ELEMENT (2) REPLACE RAW WATER IMPELLER (EXCLUDING BRASS) REPLACE OIL AND FILTER ON MARINE GEAR OBTAIN LEVEL 2 COOLANT SAMPLE REPLACE ENGINE BELTS CHECK/ADJUST VALVE LASH REPLACE THERMOSTATS ************************************************** CUSTOMER TO SUPPLY ALL FLUIDS, FILTERS, AND PARTS WITH THE EXCEPTION OF THE FOLLOWING: - ZINC ANODES - COOLING SYSTEM TEMP. REGULATOR　Entered 10/06/22 10:56:26　Page 8 of 43 Total Estimated Parts:　250.00 Total Estimated Labor:　3,614.00 Segment 02 Total:　3,864.00 CLEAN AND TEST HEAT EXCHANGER NOTES: HEAT EXCHANGER WILL BE REMOVED AND SENT OUT TO BE CLEANED AND TESTED, THEN WILL BE RE-INSTALLED. -IF ANY ITEMS ARE FOUND TO NOT MEET CAT REUSE GUIDELINES AN ESTIMATE WILL BE PREPARED FOR APPROVAL. Segment 03 Total:　5,999.00 CLEAN AND TEST AFTERCOOLER CORE NOTES: AFTERCOOLER CORE TO REMOVED AND SENT OUT TO BE CLEANED AND TESTED, THEN REINSTALLED. -ANY ITEMS FOUND TO NOT MEET CAT REUSE GUIDELINES WILL BE QUOTED. Segment 04 Total:　3,616.00 Total Segments:　15,279.00 ENVIRONMENTAL/MISCELLANEOUS　300.00 SUB TOTAL (BEFORE TAXES)　15,579.00 TOTAL ESTIMATE 15,579.00 Case 22-50073 Doc 924-1 Filed 10/06/22 Entered 10/06/22 10:56:26 Page 9 of 43 I hereby authorize the above repair work to be done along with the necessary materials. Ring Power Corporation and it's employees may operate above equipment for purposes of testing. Inspection or delivery at my risk. An expressed mechanics lien is acknowledged on equipment to secure the cost of all repairs thereto. Ring Power Corporation is not responsible for loss or damage to equipment in case of fire, theft, accident, or any other cause beyond our control. Replaced parts will be held for a period of ten days after work completion. The cost of labor and parts in determining any estimate shall be borne by the customer. PO#: ______________　Authorized Name: ______________________________ (signature) Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (print) Thank you for this opportunity to serve your company CONTACT INFORMATION: Prepared by: Derek Dobbs Phone: +1-407-961-9262 Email: Derek.Dobbs@RingPower.Com Fax: JOB SITE: - -This estimate is made subject to buyer's acceptance within (10) ten days from this date -All prices are subject to change without notice, and those in effect on date of shipment shall prevail -Terms are Net 30 Days from receipt of invoice -Estimate excludes sales tax, incoming freight, environmental and additional charges for parts/labor not included in the above mentioned. -Customer will be contacted should estimate exceed 10% THIS WORK ORDER IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. AUTHORITY TO PERFORM REPAIRS It is understood that, "upon receipt" of any item of equipment for repair, maintenance or other work, Ring Power may examine the item of equipment as to work which Ring Power may suggest to be performed in addition to whatever work, if any, might have been requested by customer. All work (requested by customer or suggested by Ring Power) to be noted on a form as supplied by Ring Power. a. Time and Material Work - Ring Power will proceed with the work agreed upon at current labor and parts prices. b. Firm Price - If requested, a firm price in writing will be given to the customer for labor and/or parts to do specific repair. Any agreed a upon repair order not covered by a firm written quotation will be billed at current time and material prices c. Unforeseen Problems or Additional Repairs. In the event that during the course of the Work, additional repair work is found to be necessary pursuant to Ring Power's examination and inspection of the Equipment, then in such event Ring Power will attempt to communicate with the Customer as to the additional repair work; provided, however, that in the event Ring Power is unable to communicate with the Customer, then Ring Power, at its sole discretion, shall have the absolute right to cease any and all repairs on the Equipment until such time as the additional repairs are discussed with the Customer. In the event the Customer consents to the additional repairs, Ring Power shall have the right to proceed with the repair of the same without further communication with the Customer and any and all additional repairs will be charged to the Customer at current time and material prices. 2. HOLD HARMLESS AGREEMENT FOR CUSTOMER PARTICIPATION IN SERVICE WORK - In the event customer or customers' personnel assists our mechanics in performing service work, customer agrees to hold harmless and fully indemnify Ring Power for injuries or damages to anyone arising out of customer assisting Ring Power personnel in servicing or repairing customer's equipment. 3. WARRANTY INFORMATION - Ring Power warrants the work performed to be free from defects in material and workmanship for a period of ninety days. Ring Power's obligation under this warranty shall be limited to the repair or replacement at Ring Power's premises of those new parts previously installed or labor previously performed demonstrated to be defective. SUCH REMEDY SHALL CONSTITUTE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND CUSTOMER HEREBY AGREES THAT NO OTHER REMEDY (INCLUDING, BUT NOT LIMITED TO CLAIMS FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY CAUSE, LOSS, ACTION, CLAIM OR DAMAGE, INCLUDING LOSS OF TIME, WHATSOEVER, OR INJURY TO PERSON OR PROPERTY OR ANY OTHER CONSEQUENTIAL DAMAGE OR INCIDENTAL OR ECONOMIC LOSS) SHALL BE AVAILABLE TO CUSTOMER. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUBSTANDARD REPAIR WORK MAY BE PERFORMED UPON REQUEST OF CUSTOMER AND ACCORDING TO CUSTOMER'S INSTRUCTIONS BUT SUCH WORK WILL CARRY ABSOLUTELY NO WARRANTY WHATSOEVER. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT NO VERBAL CONTRACTS, AGREEMENTS OR WARRANTIES OTHER THAN WHAT IS SET FORTH HEREIN HAVE BEEN RECEIVED OR GIVEN. 4. PAYMENT - Customer will make payment for services rendered by Ring Power pursuant to this work order at such times and in such manner as may be prescribed by Ring Power. In the event of nonpayment by a customer, the cost incurred by Ring Power in collecting the indebtedness, including attorney's fees and expenses, both in the trial court and on any and all appeals, with interest at the maximum rate allowed by law from date of expenditure, shall be added to the principal amount of the indebtedness owed to Ring Power. These provisions are not exclusive and Ring Power may elect other remedies at law and at equity. 5. RISK OF LOSS - Ring Power carries an Equipment Floater Insurance Policy covering all risk (except war, wear and tear, etc.) for the current value (replacement cost less depreciation) on customer's equipment in Ring Power's custody or control. All risk of loss and damage not covered in above policy shall be borne solely by its owner. 6. SEVERABILITY CLAUSE - Any provisions of this Agreement found to be prohibited by law shall be immediately ineffective to the extent of such prohibition without invalidating the rest of this Agreement. 7. APPLICABLE LAW - This Agreement shall be deemed to be governed by the laws of the State of Florida. Case 22-50073 Doc 924-1 Filed 10/06/22 Entered 10/06/22 10:56:26 Page 11 of MY LADY MAY 757 5TH AVE NEW YORK NY 10153 **PER YOUR REQUEST, WE HAVE ESTIMATED REPAIRS ON THE MACHINE LISTED BELOW. A REPAIR DESCRIPTION WITH LABOR AND/OR PARTS IS ATTACHED. UPON DISASSEMBLY OF THE COMPONENT(S) TO BE REPAIRED,ADDITIONAL PARTS AND LABOR MAY BE NECESSARY. IF SO, A QUOTE FOR ADDITIONAL REPAIRS WILL BE FORWARDED TO YOU FOR APPROVAL. NOTE: AN AUTHORIZED REPRESENTATIVE OF YOUR COMPANY SHOULD SIGN AND RETURN THIS REPAIR ESTIMATE. ONLY UPON RECEIPT OF THE SIGNED ESTIMATE WILL REPAIRS BE PERFORMED. A PURCHASE ORDER NUMBER SHOULD BE SUPPLIED IF REQUIRED BY YOUR COMPANY.** CUSTOMER NO.　QUOTE NO.　DATE CONTACT 784133　85398　7/28/2022 RASMUS NIELSEN PHONE NO.　FAX NO.　EMAIL 475 301 8961　chiefengineer@yachtladymay.com MODEL　MAKE　SERIAL NO. C32　CATERPILLAR　0RNZ00997 UNIT NO.　HOURS　WO NO.　P.O. NO. TRAVEL TO/FROM ENGINE (056 1000) Total Estimated Labor:　10,432.00 Total Estimated Misc:　7,500.00 Segment 01 Total: 17,932.00 REPLACE GEARS (510 7552) NOTES: 2 TECHNICIANS WILL ATTEND VESSEL. TRAVEL TO VESSEL IN BRIDGEPORT, CONNECTICUT. ARRIVE AT VESSEL AND PLACE PROTECTION AS NEEDED TO PROTECT FLOORS AND PAINT. CUSTOMER TO HAVE EITHER MARINE GEAR MOVED REARWARD OR ENGINE MOVED FORWARD. INSPECT RIGGING AND SUPPORT OF ENGINE BEFORE START OF REPAIR. REMOVE ENGINE OIL AND FILTERS, CUT FILTERS OPEN TO INSPECT FOR METAL DEBRIS WITHIN. REMOVE ENGINE OIL PAN AND SUPPORT BENEATH ENGINE AND THEN REMOVE OIL PUMP FOR DISASSEMBLY AND INSPECTION. REPLACE PUMP WITH REMAN IF DEEMED BAD BY CAT REUSE GUIDELINES. REMOVE FLYWHEEL AND RIG TO SIDE. REMOVE REAR CRANK SEAL. REMOVE ANY BRACKETS AND LINES FROM TURBOS THAT ARE IN THE WAY FOR REMOVING REAR HOUSING, POSSIBLY INCLUDING DRAINING COOLANT FROM ENGINE. REMOVE REAR PART OF REAR HOUSING TO ACCESS GEAR TRAIN. CLEAN AND INSPECT GEARTRAIN REPLACING ONLY PARTS FOUND TO BE OUTSIDE OF CAT REUSE GUIDELINES. REPLACE REAR HOUSING GASKETS AND SEALS THEN REINSTALL ON ENGINE. CAMSHAFT DRIVE GEARS WILL HAVE TO BE REMOVED TO REPLACE FUEL PUMP DRIVE GEAR - THIS WILL INCLUDE VALVE COVER REMOVAL AND ROCKER SHAFT ASSEMBLIES LOOSENED TO ALLOW CAMSHAFT GEAR TIMING, VALVES AND INJECTORS WILL BE READJUSTED DURING REPAIRS AS NEEDED. REINSTALL REAR CRANKSHAFT SEAL AND REINSTALL FLYWHEEL AND TORQUE ALL FASTENERS TO SPECS. CLEAN AND THEN REINSTALL ENGINE OIL PAN WITH NEW GASKETS AND FILL WITH OIL. INSTALL NEW FUEL AND OIL FILTERS ALONG WITH NEW FUEL TRANSFER PUMP AND REATTACH ALL FUEL LINES. AIR LINES REMOVED BEFORE OUR ARRIVAL WILL BE REINSTALLED WITH NEW SEALS AS WELL AS ANY TURBO BRACKETS AND LINES REMOVED FOR REPAIR. CUSTOMER WILL HAVE GEAR OR ENGINE RIGGED BACK INTO PLACE AND ALIGNMENT CHECKED. VESSEL WILL THEN BE SEA TRIALED FOR TWO HOURS TO ENSURE PROPER REPAIRS AND NO LEAKS. ALL REPAIRS COMPLETE AND ENGINE ROOM CLEAN AS BEFORE REPAIRS BEGAN, CUSTOMER HAPPY. TRAVEL TO FLORIDA AND FINALIZE ALL PAPER WORK AND TOOLS. \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ Case 22-50073 Doc 924-1 Filed 10/06/22 Entered 10/06/22 10:56:26 Page 12 of 43 AFTER ENGINE INSPECTION WE WILL PROVIDE REPORT OF FINDINGS AND A QUOTE FOR ANY ADDITIONAL ITEMS NEEDED WILL BE PROVIDED FOR APPROVAL. \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ CUSTOMER IS RESPONSIBLE FOR THE FOLLOWING: -CLEAR ACCESS TO ENGINES AND BOAT DURING SERVICES -JOB SITE DELAYS BEYOND RING POWER'S CONTROL -INSPECTED ITEMS NOT MEETING CAT REUSE GUIDELINES -FREIGHT/SHIPPING CHARGES IF APPLICABLE Part Number　Description　Qty　Unit Sell　Unit Disc　Unit Price　Ext Price 0315085　BOLT　6.00　5.74　5.74　34.44 0619455　SEAL　1.00　14.18　14.18　14.18 0R8210　PUMP GP　1.00　801.60　801.60　801.60 0R8210　CORE　1.00　1,167.62　1,167.62　0.00 1011365　PLATE THRUST　1.00　36.17　36.17　36.17 1025861　PLATE THRUST　2.00　60.98　60.98　121.96 1090076　SEAL O RING　4.00　9.98　9.98　39.92 1123540　SEAL O RING　2.00　11.93　11.93　23.86 113-5304　SEAL　1.00　21.89　21.89　21.89 1142687　SEAL-O-RING　2.00　5.46　5.46　10.92 1178801　SEAL O RING　2.00　25.84　25.84　51.68 1305694　SEAL-O-RING　4.00　32.06　32.06　128.24 136-7227　SEAL O RING　2.00　6.61　6.61　13.22 1425868　SEAL GP-CSHF　1.00　107.16　107.16　107.16 1808424　SEAL-O-RING　6.00　1.22　1.22　7.32 1851497　GEAR AS-IDLE　1.00　1,042.95　1,042.95　1,042.95 2054831　SEAL-O-RING　2.00　1.82　1.82　3.64 20R0967　PUMP GP F　1.00　466.89　466.89　466.89 20R0967　CORE　1.00　176.31　176.31　0.00 2241214　Case 22-50073 Doc 924-1 GEAR AS-CRAN　Filed 10/06/22 1.00　Entered 10/06/22 10:56:26 1,235.38　Page 13 of 1,235.38　1,235.38 2241215　STUBSHAFT　43 1.00　750.28　750.28　750.28 2241219　STUBSHAFT　1.00　331.74　331.74　331.74 2241220　PLATE　1.00　80.24　80.24　80.24 2241221　STUBSHAFT　1.00　369.30　369.30　369.30 2249657　ADAPTER AS.　2.00　163.09　163.09　326.18 2251242　GASKET　1.00　148.54　148.54　148.54 2264753　GASKET　2.00　3.58　3.58　7.16 2275538　SEAL-O-RING　6.00　34.21　34.21　205.26 2287090　SEAL-O-RING　2.00　5.38　5.38　10.76 2306202　GEAR AS　1.00　1,288.05　1,288.05　1,288.05 2314708　SEAL-O-RING　2.00　2.81　2.81　5.62 2348937　SEAL-INTEGRA　2.00　13.58　13.58　27.16 2361525　SEAL-INTEGRA　1.00　670.39　670.39　670.39 2453804　BOLT-HEX HEA　1.00　2.38　2.38　2.38 2556863　GASKET　2.00　110.83　110.83　221.66 2804155　SEAL-INTEGRA　1.00　41.86　41.86　41.86 2804155　SEAL-INTEGRA　1.00　41.86　41.86　41.86 3316185　GEAR AS-IDLE　1.00　1,735.83　1,735.83　1,735.83 3316188　GEAR AS-CAMS　2.00　712.87　712.87　1,425.74 3430793　GASKET　2.00　90.18　90.18　180.36 3890433　FILTER-FUEL　2.00　72.80　72.80　145.60 3890434　FILTER LUBE　2.00　41.08　41.08　82.16 3B1915　BOLT　2.00　0.69　0.69　1.38 3E6773　SEAL O RING　2.00　24.68　24.68　49.36 428-9129　GASKET　2.00　61.47　61.47　122.94 4289129　GASKET　2.00　61.47　61.47　122.94 4755915　PLATE-SEALIN　2.00　321.56　321.56　643.12 4N0848　SLEEVE　1.00　39.10　39.10　39.10 4N0913　SCREEN　1.00　60.12　60.12　60.12 4P-4460　GASKET　2.00　1.09　1.09　2.18 5024034　SEAL-O-RING　1.00　29.50　29.50　29.50 5B0213　BOLT　6.00　1.10　1.10　6.60 5E8771　O RING　2.00　23.98　23.98　47.96 5M2894　WASHER　2.00　0.43　0.43　0.86 5P4255　BOLT　4.00　0.61　0.61　2.44 5P5846　SEAL O RING　1.00　17.55　17.55　17.55 5P7701　SEAL　1.00　9.05　9.05　9.05 5P7814　SEAL　2.00　4.41　4.41　8.82 5P7815　SEAL-O-RING　1.00　10.59　10.59　10.59 5P8068　SEAL　4.00　16.36　16.36　65.44 5P8068　SEAL　1.00　16.36　16.36　16.36 6V3250　SEAL O RING　4.00　1.26　1.26　5.04 6V3830　SEAL O RING　1.00　15.29　15.29　15.29 6V3917　SEAL O RING　4.00　33.07　33.07　132.28 6V5050　SEAL-O RING　2.00　7.77　7.77　15.54 6V5063　SEAL O RING　1.00　1.88　1.88　1.88 6V5064　SEAL O RING　1.00　2.12　2.12　2.12 6V6609　SEAL　4.00　1.40　1.40　5.60 6V9027　SEAL-O-RING　1.00　1.10　1.10　1.10 7B3235　Case 22-50073 Doc 924-1 CAP SCREW　Filed 10/06/22 12.00　Entered 10/06/22 10:56:26 1.15　1.15　Page 14 of 13.80 7B3235　CAP SCREW　43 8.00　1.15　1.15　9.20 7C0307　GASKET　4.00　1.62　1.62　6.48 7J2036　SEAL O RING　2.00　3.07　3.07　6.14 7M7273　GASKET　2.00　11.86　11.86　23.72 7N7559　GASKET　2.00　1.33　1.33　2.66 7N7628　GASKET　8.00　1.61　1.61　12.88 8C3089　SEAL FACE　1.00　17.43　17.43　17.43 8L2786　O RING　3.00　5.88　5.88　17.64 9H8872　GASKET　1.00　2.90　2.90　2.90 Total Estimated Parts:　14,807.56 Total Estimated Labor:　59,280.00 Total Estimated Misc:　1,500.00 Segment 02 Total:　75,587.56 Total Segments:　93,519.56 ENVIRONMENTAL/MISCELLANEOUS　300.00 SUB TOTAL (BEFORE TAXES)　93,819.56 TOTAL ESTIMATE　93,819.56 Case 22-50073 Doc 924-1 Filed 10/06/22 Entered 10/06/22 10:56:26 Page 15 of I hereby authorize the above repair work to be done along with the necessary materials. Ring Power Corporation and it's employees may operate above equipment for purposes of testing. Inspection or delivery at my risk. An expressed mechanics lien is acknowledged on equipment to secure the cost of all repairs thereto. Ring Power Corporation is not responsible for loss or damage to equipment in case of fire, theft, accident, or any other cause beyond our control. Replaced parts will be held for a period of ten days after work completion. The cost of labor and parts in determining any estimate shall be borne by the customer. 43 PO#: ______________　Authorized Name: ______________________________ (signature) Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (print) Thank you for this opportunity to serve your company CONTACT INFORMATION: Prepared by: Derek Dobbs Phone: +1-407-961-9262 Email: Derek.Dobbs@RingPower.Com Fax: JOB SITE: - BRIDGEPORT CONNECTICUT -This estimate is made subject to buyer's acceptance within (10) ten days from this date -All prices are subject to change without notice, and those in effect on date of shipment shall prevail -Terms are Net 30 Days from receipt of invoice -Estimate excludes sales tax, incoming freight, environmental and additional charges for parts/labor not included in the above mentioned. -Customer will be contacted should estimate exceed 10% THIS WORK ORDER IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. AUTHORITY TO PERFORM REPAIRS It is understood that, "upon receipt" of any item of equipment for repair, maintenance or other work, Ring Power may examine the item of equipment as to work which Ring Power may suggest to be performed in addition to whatever work, if any, might have been requested by customer. All work (requested by customer or suggested by Ring Power) to be noted on a form as supplied by Ring Power. a. Time and Material Work - Ring Power will proceed with the work agreed upon at current labor and parts prices. b. Firm Price - If requested, a firm price in writing will be given to the customer for labor and/or parts to do specific repair. Any agreed a upon repair order not covered by a firm written quotation will be billed at current time and material prices c. Unforeseen Problems or Additional Repairs. In the event that during the course of the Work, additional repair work is found to be necessary pursuant to Ring Power's examination and inspection of the Equipment, then in such event Ring Power will attempt to communicate with the Customer as to the additional repair work; provided, however, that in the event Ring Power is unable to communicate with the Customer, then Ring Power, at its sole discretion, shall have the absolute right to cease any and all repairs on the Equipment until such time as the additional repairs are discussed with the Customer. In the event the Customer consents to the additional repairs, Ring Power shall have the right to proceed with the repair of the same without further communication with the Customer and any and all additional repairs will be charged to the Customer at current time and material prices. 2. HOLD HARMLESS AGREEMENT FOR CUSTOMER PARTICIPATION IN SERVICE WORK - In the event customer or customers' personnel assists our mechanics in performing service work, customer agrees to hold harmless and fully indemnify Ring Power for injuries or damages to anyone arising out of customer assisting Ring Power personnel in servicing or repairing customer's equipment. 3. WARRANTY INFORMATION - Ring Power warrants the work performed to be free from defects in material and workmanship for a period of ninety days. Ring Power's obligation under this warranty shall be limited to the repair or replacement at Ring Power's premises of those new parts previously installed or labor previously performed demonstrated to be defective. SUCH REMEDY SHALL CONSTITUTE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND CUSTOMER HEREBY AGREES THAT NO OTHER REMEDY (INCLUDING, BUT NOT LIMITED TO CLAIMS FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY CAUSE, LOSS, ACTION, CLAIM OR DAMAGE, INCLUDING LOSS OF TIME, WHATSOEVER, OR INJURY TO PERSON OR PROPERTY OR ANY OTHER CONSEQUENTIAL DAMAGE OR INCIDENTAL OR ECONOMIC LOSS) SHALL BE AVAILABLE TO CUSTOMER. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUBSTANDARD REPAIR WORK MAY BE PERFORMED UPON REQUEST OF CUSTOMER AND ACCORDING TO CUSTOMER'S INSTRUCTIONS BUT SUCH WORK WILL CARRY ABSOLUTELY NO WARRANTY WHATSOEVER. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT NO VERBAL CONTRACTS, AGREEMENTS OR WARRANTIES OTHER THAN WHAT IS SET FORTH HEREIN HAVE BEEN RECEIVED OR GIVEN. 4. PAYMENT - Customer will make payment for services rendered by Ring Power pursuant to this work order at such times and in such manner as may be prescribed by Ring Power. In the event of nonpayment by a customer, the cost incurred by Ring Power in collecting the indebtedness, including attorney's fees and expenses, both in the trial court and on any and all appeals, with interest at the maximum rate allowed by law from date of expenditure, shall be added to the principal amount of the indebtedness owed to Ring Power. These provisions are not exclusive and Ring Power may elect other remedies at law and at equity. 5. RISK OF LOSS - Ring Power carries an Equipment Floater Insurance Policy covering all risk (except war, wear and tear, etc.) for the current value (replacement cost less depreciation) on customer's equipment in Ring Power's custody or control. All risk of loss and damage not covered in above policy shall be borne solely by its owner. 6. SEVERABILITY CLAUSE - Any provisions of this Agreement found to be prohibited by law shall be immediately ineffective to the extent of such prohibition without invalidating the rest of this Agreement. 7. APPLICABLE LAW - This Agreement shall be deemed to be governed by the laws of the State of Florida. Case 22-50073 Doc 924-1 Filed 10/06/22 Entered 10/06/22 10:56:26 Page 17 of Bridgeport Boatworks 731 SeaviewAve Bridgeport,CT06607 United States (860) 536-9651 Bilge Board Replacement 2022 ID: 6234 Contact　Vessel Lloyd Benard　Lady May captain@yachtladymay.com　Dimensions: 151 ' x 32 ' x 7 ' 1 3057994799　Make: Feadship Weight: 0 1.　Bilge Board Replacement　\$2,280.76 Comments: 1. Template Existing Starboard Board 2. Bevel all Edges 3. Cut out Holes for lift points and bevel edge Labor　Rate　Qty　Total Subcontractor Labor BB Comments: 1. Template Existing Starboard Board 2. Bevel all Edges 3. Cut out Holes for lift points and bevel edges Lead Time 2 Weeks Color may differ slightly from original Color　\$2,193.04 Flat Fee　1　\$2,193.04 N Charge　Rate　Qty　Total Environmental & Safety Fee BB　4% (Parts and Labor)　1　\$87.72 N Labor Parts \$2,193.04 \$0.00　Charges \$87.72　Subtotal \$2,280.76　Tax \$0.00　Total \$2,280.76 Terms and Conditions We are pleased to provide this Estimate for repair work on your vessel. This BudgetaryEstimate is based upon our inspection of your vessel, information that you have provided to us, and our experience regarding similar vessels and work. It is possible that defective parts or other issues with your vessel will be discovered after our work has begun and, for these reasons, this Estimate does not include additional parts or labor that maybe required after the job has begun. We will notifyyou of any such issues if theyshould arise. Tax, Environental and Subcontractor charges maybe additional if applicable. The pricing set forth in this Estimate is based on the assumptions, exclusions and scope ofwork set forth herein, and is valid for fourteen (14) days from the date of the Estimate. Your acceptance of this Estimate is subject to the terms and conditions attached hereto as Exhibit A. A50%deposit of the Estimate total is required at the time of approval,with the balance and anyadditional charges due upon completion. Case 22-50073 Doc 924-1 Filed 10/06/22 Entered 10/06/22 10:56:26 Page 18 of 43 Should this Estimate and Terms and Conditions meet with your approval, kindly sign and return at your earliest convenience. If you have any questions or concerns, please do not hesitate to contact us. Sincerely, Bridgeport Boatworks Representative__________________________________9/12/2022__ Customer Signature:__________________________________________________________ Lloyd Bernard Printed Name:_______________________________________________________________ Date:______________________________________________________________________ 12 September 2022 Notice This Estimate is not an invoice and does not represent the final amount due or the balance on this Estimate. For questions or concerns, please call Bridgeport Boatworks at (860) 536-9651. Exhibit A Terms and Conditions 1. Applicability: These terms and conditions ("Terms") are the only terms which govern the services ("Services") to be provided by Bridgeport Boatworks to the owner ("Owner") of the vessel(s) ("Vessel") listed in the accompanying estimate ("Estimate"). The Terms and Estimate are collectively referred to herein as the "Agreement." These Terms shall prevail over any prior agreements or discussions between Bridgeport Boatworks and the Owner. Owner will be deemed to have accepted these Terms upon Bridgeport Boatworks' commencement of performance of the Services or Owner's return of the signed Agreement, whichever is earlier. 2. Compensation: In consideration of the performance by Bridgeport Boatworks of the Services, Owner agrees to pay Bridgeport Boatworks the fee set forth in the Estimate/Invoice (or the portion earned) upon receipt of submission of Bridgeport Boatworks' invoice or as otherwise set forth in the Agreement. In addition, Owner shall reimburse Bridgeport Boatworks for reasonable expenses incurred in performance of the Services, including but not limited to travel expenses, storage charges, shipping charges, and other reasonable expenses incurred in Bridgeport Boatworks' performance of the Services. Owner shall pay such reimbursable expenses upon receipt following Owner's receipt of an invoice containing such expenses. Any amounts due to Bridgeport Boatworks from Owner under this Agreement shall, after a thirty (30) day grace period, bear interest from the due date at the maximum rate allowed by applicable law. 3. Change Requests: Owner may request a change to any portion of the Services at any time by submitting such request in writing to Bridgeport Boatworks ("Change Request"). Within a reasonable time after receipt of a Change Request from Owner, Bridgeport Boatworks shall evaluate the impact of the Change Request and provide Owner with a written statement setting forth its estimate of the cost of the change. Within a reasonable time after receipt of a Change Request from Bridgeport Boatworks, Owner shall provide a written acceptance or rejection of the Change Request. Bridgeport Boatworks' fee for the Services shall be adjusted to the extent of any increase in Services, at a fixed amount as agreed by the parties, or if the parties do not agree to a fixed amount, on a time and materials (T&M) basis at the rates set forth herin, or if no rates are set forth, at rates agreed by the parties. Bridgeport Boatworks shall not be required to proceed with a change in services absent agreement bythe parties in writing. 4. Warranty: Bridgeport Boatworks warrants that the Services shall be performed using personnel of required skill, experience and qualifications in a professional and workmanlike manner.Other than as set forth herein, Bridgeport Boatworks makes no warranties regarding workmanship or materials, either express or implied, including anyimplied warrantyor merchantability, fitness for a particular purpose or seaworthiness. 5. Fees and Costs:Owner shall reimburse Bridgeport Boatworks for all costs incurred in collecting any late payments, including,without limitation, attorneys' fees. In addition to all other remedies available under this Agreement or at law(which Bridgeport Boatworks does notwaive bythe exercise of anyrights hereunder), Bridgeport Boatworks shall be entitled to suspend the deliveryof anygoods or performance of anyservices hereunder if theOwner fails to payanyamounts when due hereunder. 6. Liabilityof Bridgeport Boatworks: Bridgeport Boatworks shall have no liabilityfor anymatters arising out of or related to this Agreement except to the extent caused bythe sole negligence of Bridgeport Boatworks or those for whom it is directlyresponsible. In no event shall Bridgeport Boatworks' liabilityfor anymatters arising out of or related to this Agreement exceed the fee paid to Bridgeport Boatworks under this Agreement.No principal, partner, member, director, officer, agent, servant, employee, or consultant of Bridgeport Boatworks shall have anypersonal liabilityrelating to the subject matter of this Agreement. 7. Insurance:Owner shall at all times maintain adequate and customaryinsurance covering the Vessel for the duration of the Services, including while the Vessel is in the custodyand/or control of Bridgeport Boatworks.Owner and Bridgeport Boatworks each herebywaive their entire right of recoveryagainst the other for injury, loss, or damage to the extent covered byinsurance proceeds received bythe damaged party. All policies required hereunder shall provide that the respective carrier(s) waives all rights of subrogation with respect to losses payable under such policies. 8. Termination: Bridgeport Boatworks shall have the right to terminate this Agreement upon seven (7) days' written notice in the event thatOwner is in material breach of its obligations hereunder. In the event the Agreement is terminated for anyreason prior to the completion of the Services, then, in addition to the reimbursable expenses detailed herein,Owner shall payto Bridgeport Boatworks the balance of the remaining fee as of the date of termination, representing payment for demobilization costs, opportunitycosts, and anticipated lost profit. Bridgeport Boatworks' exercise of its rights under this section shall not in anywaylimit or abridge other remedies available to it under the Agreement or applicable law, including anylien rights with respect to the Vessel. 9. Force Majeure: Bridgeport Boatworks shall not be liable or responsible to theOwner, nor be deemed to have defaulted or breached this Agreement, for anyfailure or delayin fulfilling or performing any term of this Agreementwhen and to the extent such failure or delayis caused byor results from acts or circumstances beyond the reasonable control of Bridgeport Boatworks including,without limitation, acts ofGod, flood, fire, earthquake, explosion, governmental actions,war, terrorist threats or acts, riot, or other civil unrest, public emergency, epidemics or pandemics, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inabilityor delayin obtaining supplies Case 22-50073 Doc 924-1 Filed 10/06/22 Entered 10/06/22 10:56:26 Page 20 of other labor disputes, or restraints or delays affecting carriers or inabilityor delayin obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. 10.General Provisions: a. Owner herebygrants Bridgeport Boatworks, its agents and employees, permission to operate the Vessel for the purpose of testing and/or inspection. b. Owner shall remove all articles of personal property, gear, or other appurtenances not necessary for the performance of the Services from the Vessel prior to deliveryof the Vessel to Bridgeport Boatworks. Bridgeport Boatworks shall not be responsible for damage to or loss of anysuch articles of personal property, gear, or other appurtenances left aboard the Vessel, due to fire, theft, pilferage, or otherwise.Deliveryof the Vessel does not constitute a bailment of anyarticles of personal property, gear, or other appurtenances left on the Vessel which are not necessaryfor the performance of the Services. c. This Agreement constitutes the entire agreement between the parties hereto regarding the subject matter hereof, and supersedes all prior agreements,whether written or oral. d.No change, modification, or amendment shall be made to this Agreement unless set forth in writing and signed bythe parties hereto. e. All express representations,warranties, indemnifications, and limits of liabilityincluded in this Agreementwill survive its completion or termination for anyreason. If anyprovision of this Agreement shall be held invalid, illegal or unenforceable bya court of competent jurisdiction, the validity, legalityand enforceabilityof the remaining provisions shall in no waybe affected or impaired thereby. The remaining provisions shall remain in full force and effect, as if the unenforceable provision had been deleted. The parties agree to replace anyomitted provision with a valid provision that comes as close as possible to the intent of the omitted provision. f. This Agreement shall be governed byand construed under the laws of the state in which the Services are performed,without regard to its conflicts of laws principles. g. Bridgeport Boatworks andOwner will first attempt to resolve disputes or disagreements through discussions between their respective representatives,who shall meet upon the request of either partyas soon as convenientlypossible to attempt to resolve such dispute or disagreement. If after meeting, the representatives determine that the dispute or disagreement cannot be resolved on terms satisfactoryto both parties, the parties shall submit the dispute or disagreement to non-binding mediation. The mediation shall be conducted bya mutually agreeable impartial mediator, or if the parties cannot so agree, a mediator designated bythe American Arbitration Association ("AAA"). If a dispute has not been resolved in accordance with the procedures set forth above, such disputes shall be decided byarbitration in accordance with the applicable AAArules then in effect, unless the parties mutuallyagree otherwise. The award of the arbitrator(s) shall be final and binding upon the parties without the right of appeal to the courts. Judgment maybe entered upon it in accordance with applicable lawbyanycourt having jurisdiction thereof. Notice This estimate is not an invoice and does not represent the final amount due or the balance on this estimate. For questions or concerns, please call Bridgeport Boatworks at (860) 536-9651. Bridgeport Boatworks 731 SeaviewAve Bridgeport,CT06607 United States (860) 536-9651 LADY MAY- BOW REPAINT ESTIMATE 2022 ID: 6235 Contact Lloyd Benard captain@yachtladymay.com 1 3057994799 Vessel Lady May Dimensions: 151 ' x 32 ' x 7 ' Make: Feadship Weight: 0 Estimate Comments This is the budgetary estimate for the yard period for the 152' motor vessel LADY MAY. This estimate is subject to the Naval Architect / Pre-Haul Engineering Evaluation, to determine if this vessel can be safely lifted with Bridgeport Boatworks Marine Travelift. This estimate does not include CT Sales Tax. A deposit of \$4576.00 is requested to secure estimated labor. 1. Paint Correction on Bow of Vessel \$9,152.00 Comments: This is the budgetary estimate for the yard period for the 152' motor vessel LADY MAY. This estimate is subject to the Naval Architect / Pre-Haul Engineering Evaluation, to determine if this vessel can be safely lifted with Bridgeport Boatworks Marine Travelift. 1. This estimate does not include CT Sales Tax. 2. This estimate does not include man lifts. 3. This estimate is based on vessel being out of the water. Labor　Rate　Qty　Total Subcontractor Labor BB Comments: Prep, grind, fill & fair blister repair. Apply high build, sand and apply 545. Clean and apply metallic top coat (TBD).　\$2,800.00 Flat Fee　1　\$2,800.00 N Subcontractor Labor BB Comments: Tenting and Scaffolding Cost　\$5,000.00 Flat Fee　1　\$5,000.00 N Part　Qty Rate　Total Estimated Parts BB　\$1,000.00　1　\$1,000.00 T Charge　Rate　Qty　Total Environmental & Safety Fee BB　4% (Parts and Labor)　1　\$352.00 N Labor　Parts　Charges　Subtotal　Tax　Total \$7,800.00　\$1,000.00　\$352.00　\$9,152.00　\$63.50　\$9,215.50 Terms and Conditions We are pleased to provide this Estimate for repair work on your vessel. This BudgetaryEstimate is based upon our inspection of your vessel, information that you have provided to us, and our experience regarding similar vessels and work. It is possible that defective parts or other issues with Case 22-50073 Doc 924-1 Filed 10/06/22 Entered 10/06/22 10:56:26 Page 22 of 43 your vessel will be discovered after our work has begun and, for these reasons, this Estimate does not include additional parts or labor that may be required after the job has begun. We will notify you of any such issues if they should arise. Tax, Environental and Subcontractor charges may be additional if applicable. The pricing set forth in this Estimate is based on the assumptions, exclusions and scope of work set forth herein, and is valid for fourteen (14) days from the date of the Estimate. Your acceptance of this Estimate is subject to the terms and conditions attached hereto as Exhibit A. A deposit is required at the time of approval, with the balance and any additional charges due upon completion. A payment schedule will be provided by Bridgeport Boatworks, laying out the estimated expenses for the upcoming months work. This will allow the customer to budget/make payment on a monthly basis and keep account in the positive at all times. Should this Estimate and Terms and Conditions meet with your approval, kindly sign and return at your earliest convenience. If you have any questions or concerns, please do not hesitate to contact us. Sincerely, Bridgeport Boatworks Representative_______________________________9/12/2022_____ Customer Signature:__________________________________________________________ Lloyd Bernard Printed Name:_______________________________________________________________ Date:______________________________________________________________________ 12 September 2022 Notice This Estimate is not an invoice and does not represent the final amount due or the balance on this Estimate. For questions or concerns, please call Bridgeport Boatworks at (860) 536-9651. Exhibit A Terms and Conditions 1. Applicability: These terms and conditions ("Terms") are the only terms which govern the services ("Services") to be provided by Bridgeport Boatworks to the owner ("Owner") of the vessel(s) ("Vessel") listed in the accompanying estimate ("Estimate"). The Terms and Estimate are collectively referred to herein as the "Agreement." These Terms shall prevail over any prior agreements or discussions between Bridgeport Boatworks and the Owner. Owner will be deemed to have accepted these Terms upon Bridgeport Boatworks' commencement of performance of the Services or Owner's return of the signed Agreement, whichever is earlier. 2. Compensation: In consideration of the performance by Bridgeport Boatworks of the Services, Owner agrees to pay Bridgeport Boatworks the fee set forth in the Estimate/Invoice (or the portion earned) upon receipt of submission of Bridgeport Boatworks' invoice or as otherwise set forth in the Agreement. In addition, Owner shall reimburse Bridgeport Boatworks for reasonable expenses incurred in performance of the Services, including but not limited to travel expenses, storage charges, shipping charges, and other reasonable expenses incurred in Bridgeport Boatworks' performance of the Services. Owner shall pay such reimbursable expenses upon receipt following Owner's receipt of an invoice containing such expenses. Any amounts due to Bridgeport Boatworks from Owner under this Agreement shall, after a thirty(30) daygrace period, bear interest from the due date at the maximum rate allowed byapplicable law. 3.Change Requests:Owner mayrequest a change to anyportion of the Services at anytime by submitting such request in writing to Bridgeport Boatworks ("Change Request"). Within a reasonable time after receipt of a Change Request from Owner, Bridgeport Boatworks shall evaluate the impact of the Change Request and provideOwner with a written statement setting forth its estimate of the cost of the change. Within a reasonable time after receipt of a Change Request from Bridgeport Boatworks,Owner shall provide a written acceptance or rejection of the Change Request. Bridgeport Boatworks' fee for the Services shall be adjusted to the extent of anyincrease in Services, at a fixed amount as agreed bythe parties, or if the parties do not agree to a fixed amount, on a time and materials (T&M) basis at the rates set forth herin, or if no rates are set forth, at rates agreed by the parties. Bridgeport Boatworks shall not be required to proceed with a change in services absent agreement bythe parties in writing. 4. Warranty: Bridgeport Boatworks warrants that the Services shall be performed using personnel of required skill, experience and qualifications in a professional and workmanlike manner.Other than as set forth herein, Bridgeport Boatworks makes no warranties regarding workmanship or materials, either express or implied, including anyimplied warrantyor merchantability, fitness for a particular purpose or seaworthiness. 5. Fees and Costs:Owner shall reimburse Bridgeport Boatworks for all costs incurred in collecting any late payments, including,without limitation, attorneys' fees. In addition to all other remedies available under this Agreement or at law(which Bridgeport Boatworks does notwaive bythe exercise of anyrights hereunder), Bridgeport Boatworks shall be entitled to suspend the deliveryof anygoods or performance of anyservices hereunder if theOwner fails to payanyamounts when due hereunder. 6. Liabilityof Bridgeport Boatworks: Bridgeport Boatworks shall have no liabilityfor anymatters arising out of or related to this Agreement except to the extent caused bythe sole negligence of Bridgeport Boatworks or those for whom it is directlyresponsible. In no event shall Bridgeport Boatworks' liabilityfor anymatters arising out of or related to this Agreement exceed the fee paid to Bridgeport Boatworks under this Agreement.No principal, partner, member, director, officer, agent, servant, employee, or consultant of Bridgeport Boatworks shall have anypersonal liabilityrelating to the subject matter of this Agreement. 7. Insurance:Owner shall at all times maintain adequate and customaryinsurance covering the Vessel for the duration of the Services, including while the Vessel is in the custodyand/or control of Bridgeport Boatworks.Owner and Bridgeport Boatworks each herebywaive their entire right of recoveryagainst the other for injury, loss, or damage to the extent covered byinsurance proceeds received bythe damaged party. All policies required hereunder shall provide that the respective carrier(s) waives all rights of subrogation with respect to losses payable under such policies. 8. Termination: Bridgeport Boatworks shall have the right to terminate this Agreement upon seven (7) days' written notice in the event thatOwner is in material breach of its obligations hereunder. In the event the Agreement is terminated for anyreason prior to the completion of the Services, then, in Case 22-50073 Doc 924-1 Filed 10/06/22 Entered 10/06/22 10:56:26 Page 24 of 43 event the Agreement is terminated for anyreason prior to the completion of the Services, then, in addition to the reimbursable expenses detailed herein,Owner shall payto Bridgeport Boatworks the balance of the remaining fee as of the date of termination, representing payment for demobilization costs, opportunitycosts, and anticipated lost profit. Bridgeport Boatworks' exercise of its rights under this section shall not in anywaylimit or abridge other remedies available to it under the Agreement or applicable law, including anylien rights with respect to the Vessel. 9. Force Majeure: Bridgeport Boatworks shall not be liable or responsible to theOwner, nor be deemed to have defaulted or breached this Agreement, for anyfailure or delayin fulfilling or performing any term of this Agreementwhen and to the extent such failure or delayis caused byor results from acts or circumstances beyond the reasonable control of Bridgeport Boatworks including,without limitation, acts ofGod, flood, fire, earthquake, explosion, governmental actions,war, terrorist threats or acts, riot, or other civil unrest, public emergency, epidemics or pandemics, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inabilityor delayin obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. 10.General Provisions: a. Owner herebygrants Bridgeport Boatworks, its agents and employees, permission to operate the Vessel for the purpose of testing and/or inspection. b. Owner shall remove all articles of personal property, gear, or other appurtenances not necessary for the performance of the Services from the Vessel prior to deliveryof the Vessel to Bridgeport Boatworks. Bridgeport Boatworks shall not be responsible for damage to or loss of anysuch articles of personal property, gear, or other appurtenances left aboard the Vessel, due to fire, theft, pilferage, or otherwise.Deliveryof the Vessel does not constitute a bailment of anyarticles of personal property, gear, or other appurtenances left on the Vessel which are not necessaryfor the performance of the Services. c. This Agreement constitutes the entire agreement between the parties hereto regarding the subject matter hereof, and supersedes all prior agreements,whether written or oral. d.No change, modification, or amendment shall be made to this Agreement unless set forth in writing and signed bythe parties hereto. e. All express representations,warranties, indemnifications, and limits of liabilityincluded in this Agreementwill survive its completion or termination for anyreason. If anyprovision of this Agreement shall be held invalid, illegal or unenforceable bya court of competent jurisdiction, the validity, legalityand enforceabilityof the remaining provisions shall in no waybe affected or impaired thereby. The remaining provisions shall remain in full force and effect, as if the unenforceable provision had been deleted. The parties agree to replace anyomitted provision with a valid provision that comes as close as possible to the intent of the omitted provision. f. This Agreement shall be governed byand construed under the laws of the state in which the Services are performed,without regard to its conflicts of laws principles. g. Bridgeport Boatworks andOwner will first attempt to resolve disputes or disagreements through discussions between their respective representatives,who shall meet upon the request of either partyas soon as convenientlypossible to attempt to resolve such dispute or disagreement. If after meeting, the representatives determine that the dispute or disagreement cannot be resolved on terms satisfactoryto both parties, the parties shall submit the dispute or disagreement to non-binding mediation. The mediation shall be conducted bya mutually agreeable impartial mediator, or if the parties cannot so agree, a mediator designated bythe American Arbitration Association ("AAA"). If a dispute has not been resolved in accordance Case 22-50073 Doc 924-1 Filed 10/06/22 Entered 10/06/22 10:56:26 Page 25 of 43 American Arbitration Association ("AAA"). If a dispute has not been resolved in accordance with the procedures set forth above, such disputes shall be decided byarbitration in accordance with the applicable AAArules then in effect, unless the parties mutuallyagree otherwise. The award of the arbitrator(s) shall be final and binding upon the parties without the right of appeal to the courts. Judgment maybe entered upon it in accordance with applicable lawbyanycourt having jurisdiction thereof. Notice This estimate is not an invoice and does not represent the final amount due or the balance on this estimate. For questions or concerns, please call Bridgeport Boatworks at (860) 536-9651. Bridgeport Boatworks 731 Seaview Ave Bridgeport, CT 06607 United States (860) 536-9651 Estimate LADY MAY- HAUL OUT 2022 ID: ID: 6240 Contact Contact Vessel Vessel Lloyd Benard captain@yachtladymay.com 1 3057994799 Lady May Dimensions: 151 ' x 32 ' x 7 ' Make: Feadship Weight: 0 Estimate Comments This is the budgetary estimate for the hauling & Launching of the 151' motor yacht LADY MAY. A deposit of \$7,000 is requested to secure estimated operations. This estimate does not include CT Sales Tax. 1. 700 Haul & Launch Up To 330T Or Max 150' BB 1. 700 & Launch Up To 330T Or Max 150' BB \$13,117.52 \$13,117.52 Labor Labor　Rate　Qty　Total Total 700 Haul & Launch Up To 430T Max 180' BB　\$55.00 Per Foot　151 ft　\$8,305.00 N Blocking \$7 Per Foot BB　\$7.00 Per Foot flat　151　\$1,057.00 N Diver Fee BB　\$1,600.00 Flat Fee　1　\$1,600.00 N Naval Architect BB　\$1,500.00 Flat Fee　1　\$1,500.00 N Part Part　Rate Rate　Qty　Total Total Blocking Materials　\$1.00　151　\$151.00 N Charge Charge　Rate Rate　Qty Qty　Total Total Environmental & Safety Fee BB　4% (Parts and Labor)　1　\$504.52 N Labor Labor \$12,462.00 \$12,462.00　Parts \$151.00　Charges Charges \$504.52 \$504.52　Subtotal Subtotal \$13,117.52 \$13,117.52　Tax \$0.00 \$0.00　Total Total \$13,117.52 \$13,117.52 Terms and Conditions Terms and Conditions We are pleased to provide this Estimate for repair work on your vessel. This Budgetary Estimate is based upon our inspection of your vessel, information that you have provided to us, and our experience regarding similar vessels and work. It is possible that defective parts or other issues with your vessel will be discovered after our work has begun and, for these reasons, this Estimate does not include additional parts or labor that may be required after the job has begun. We will notify you of any such issues if they should arise. Tax, Environental and Subcontractor charges may be additional if applicable. The pricing set forth in this Estimate is based on the assumptions, exclusions and scope of work set forth herein, and is valid for fourteen (14) days from the date of the Estimate. Your acceptance of this Estimate is subject to the terms and conditions attached hereto as Exhibit A. A deposit is required at the time of approval, with the balance and any additional charges due upon completion. A payment schedule will be provided by Bridgeport Boatworks, laying out the estimated expenses for the upcoming months work. This will allow the customer to budget/make payment on a monthly basis and keep account in the positive at all times. Should this Estimate and Terms and Conditions meet with your approval, kindly sign and return at your earliest convenience. If you have any questions or concerns, please do not hesitate to contact us. Sincerely, Bridgeport Boatworks Representative____________________________9/12/2022______ Customer Signature:__________________________________________________________ Lloyd Bernard Printed Name:_______________________________________________________________ 12 September 2022 Date:______________________________________________________________________ Notice Notice This Estimate is not an invoice and does not represent the final amount due or the balance on this Estimate. For questions or concerns, please call Bridgeport Boatworks at (860) 536-9651. Exhibit A Terms and Conditions 1. Applicability: These terms and conditions ("Terms") are the only terms which govern the services ("Services") to be provided by Bridgeport Boatworks to the owner ("Owner") of the vessel(s) ("Vessel") listed in the accompanying estimate ("Estimate"). The Terms and Estimate are collectively referred to herein as the "Agreement." These Terms shall prevail over any prior agreements or discussions between Bridgeport Boatworks and the Owner. Owner will be deemed to have accepted these Terms upon Bridgeport Boatworks' commencement of performance of the Services or Owner's return of the signed Agreement, whichever is earlier. 2. Compensation: In consideration of the performance by Bridgeport Boatworks of the Services, Owner agrees to pay Bridgeport Boatworks the fee set forth in the Estimate/Invoice (or the portion earned) upon receipt of submission of Bridgeport Boatworks' invoice or as otherwise set forth in the Agreement. In addition, Owner shall reimburse Bridgeport Boatworks for reasonable expenses incurred in performance of the Services, including but not limited to travel expenses, storage charges, shipping charges, and other reasonable expenses incurred in Bridgeport Boatworks' performance of the Services. Owner shall pay such reimbursable expenses upon receipt following Owner's receipt of an invoice containing such expenses. Any amounts due to Bridgeport Boatworks from Owner under this Agreement shall, after a thirty (30) day grace period, bear interest from the due date at the maximum rate allowed by applicable law. 3. Change Requests: Owner may request a change to any portion of the Services at any time by submitting such request in writing to Bridgeport Boatworks ("Change Request"). Within a reasonable time after receipt of a Change Request from Owner, Bridgeport Boatworks shall evaluate the impact of the Change Request and provide Owner with a written statement setting forth its estimate of the cost of the change. Within a reasonable time after receipt of a Change Request from Bridgeport Boatworks, Owner shall provide a written acceptance or rejection of the Change Request. Bridgeport Boatworks' fee for the Services shall be adjusted to the extent of any increase in Services, at a fixed amount as agreed by the parties, or if the parties do not agree to a fixed amount, on a time and materials (T&M) basis at the rates set forth herin, or if no rates are set forth, at rates agreed by the parties. Bridgeport Boatworks shall not be required to proceed with a change in services absent agreement by the parties in writing. 4. Warranty: Bridgeport Boatworks warrants that the Services shall be performed using personnel of required skill, experience and qualifications in a professional and workmanlike manner. Other than as set forth herein, Bridgeport Boatworks makes no warranties regarding workmanship or materials, either express or implied, including any implied warranty or merchantability, fitness for a particular purpose or seaworthiness. 5. Fees and Costs: Owner shall reimburse Bridgeport Boatworks for all costs incurred in collecting any late payments, including, without limitation, attorneys' fees. In addition to all other remedies available under this Agreement or at law (which Bridgeport Boatworks does not waive by the exercise of any rights hereunder), Bridgeport Boatworks shall be entitled to suspend the delivery of any goods or performance of any services hereunder if the Owner fails to pay any amounts when due hereunder. 6. Liability of Bridgeport Boatworks: Bridgeport Boatworks shall have no liability for any matters arising out of or related to this Agreement except to the extent caused by the sole negligence of Bridgeport Boatworks or those for whom it is directly responsible. In no event shall Bridgeport Boatworks' liability for any matters arising out of or related to this Agreement exceed the fee paid to Bridgeport Boatworks under this Agreement. No principal, partner, member, director, officer, agent, servant, employee, or consultant of Bridgeport Boatworks shall have any personal liability relating to the subject matter of this Agreement. 7. Insurance: Owner shall at all times maintain adequate and customary insurance covering the Vessel for the duration of the Services, including while the Vessel is in the custody and/or control of Bridgeport Boatworks. Owner and Bridgeport Boatworks each hereby waive their entire right of recovery against the other for injury, loss, or damage to the extent covered by insurance proceeds received by the damaged party. All policies required hereunder shall provide that the respective carrier(s) waives all rights of subrogation with respect to losses payable under such policies. 8. Termination: Bridgeport Boatworks shall have the right to terminate this Agreement upon seven (7) days' written notice in the event that Owner is in material breach of its obligations hereunder. In the event the Agreement is terminated for any reason prior to the completion of the Services, then, in addition to the reimbursable expenses detailed herein, Owner shall pay to Bridgeport Boatworks the balance of the remaining fee as of the date of termination, representing payment for demobilization costs, opportunity costs, and anticipated lost profit. Bridgeport Boatworks' exercise of its rights under this section shall not in any way limit or abridge other remedies available to it under the Agreement or applicable law, including any lien rights with respect to the Vessel. 9. Force Majeure: Bridgeport Boatworks shall not be liable or responsible to the Owner, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Bridgeport Boatworks including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, terrorist threats or acts, riot, or other civil unrest, public emergency, epidemics or pandemics, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. 10. General Provisions: a. Owner hereby grants Bridgeport Boatworks, its agents and employees, permission to operate the Vessel for the purpose of testing and/or inspection. b. Owner shall remove all articles of personal property, gear, or other appurtenances not necessary for the performance of the Services from the Vessel prior to delivery of the Vessel to Bridgeport Boatworks. Bridgeport Boatworks shall not be responsible for damage to or loss of any such articles of personal property, gear, or other appurtenances left aboard the Vessel, due to fire, theft, pilferage, or otherwise. Delivery of the Vessel does not constitute a bailment of any articles of personal property, gear, or other appurtenances left on the Vessel which are not necessary for the performance of the Services. c. This Agreement constitutes the entire agreement between the parties hereto regarding the subject matter hereof, and supersedes all prior agreements, whether written or oral. d. No change, modification, or amendment shall be made to this Agreement unless set forth in writing and signed by the parties hereto. e. All express representations, warranties, indemnifications, and limits of liability included in this Agreement will survive its completion or termination for any reason. If any provision of this Agreement shall be held invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. The remaining provisions shall remain in full force and effect, as if the unenforceable provision had been deleted. The parties agree to replace any omitted provision with a valid provision that comes as close as possible to the intent of the omitted provision. f. This Agreement shall be governed by and construed under the laws of the state in which the Services are performed, without regard to its conflicts of laws principles. g. Bridgeport Boatworks and Owner will first attempt to resolve disputes or disagreements through discussions between their respective representatives, who shall meet upon the request of either party as soon as conveniently possible to attempt to resolve such dispute or disagreement. If after meeting, the representatives determine that the dispute or disagreement cannot be resolved on terms satisfactory to both parties, the parties shall submit the dispute or disagreement to non-binding mediation. The mediation shall be conducted by a mutually agreeable impartial mediator, or if the parties cannot so agree, a mediator designated by the American Arbitration Association ("AAA"). If a dispute has not been resolved in accordance with the procedures set forth above, such disputes shall be decided by arbitration in accordance with the applicable AAA rules then in effect, unless the parties mutually agree otherwise. The award of the arbitrator(s) shall be final and binding upon the parties without the right of appeal to the courts. Judgment may be entered upon it in accordance with applicable law by any court having jurisdiction thereof. Notice This estimate is not an invoice and does not represent the final amount due or the balance on this estimate. For questions or concerns, please call Bridgeport Boatworks at (860) 536-9651. Bridgeport Boatworks 731 Seaview Ave Bridgeport, CT 06607 United States (860) 536-9651 Estimate LADY MAY - Engine Service Support ID: ID: 6279 Contact Contact Vessel Vessel Lady May Lloyd Benard captain@yachtladymay.com 1 3057994799 Dimensions: 151 ' x 32 ' x 7 ' Make: Feadship Weight: 0 Estimate Comments This is the budgetary estimate to support the OEM engine service onboard the m/y LADY MAY. This estimate includes protection of the work area, engineering and building job specific A-Frame, R+R interferences and sea trial vessel once completed. This estimate does not include CT Sales Tax. A deposit of \$132,288.00 is requested to proceed. Engine Service Support Engine Service Support\$264,576.00 \$264,576.00 Comments: Comments: 1. Bridgeport Boatworks estimates 14 days to complete the primary removal of interferences to support the OEM Caterpillar Technicians to engage in work. Bridgeport Boatworks estimates 14 days to complete the re-installation of all components removed back to design specification. The total number of Days dry docked will increase once OEM Estimate is factored in. 2. Bridgeport Boatworks expects the work scope to be as follows: Protect work area and pathways to work area. Remove and reinstall exhaust pipe, shielding and insulation, framework around engine and piping in bilge area. All components will be documented and stowed outside of the vessel in labeled containers until the OEM service is complete. Once clear, Move engine forward to disconnect and remove gearbox and coupling. Assist with removing parts from damaged engine. Assist OEM if crankshaft needs to be removed to repair damaged components. Inventory and clean all parts/interferences to be reinstalled. Re-connect gearbox and coupling. Install all components back to engineer specifications. Clean area of all debris. Align vessel drive train with appropriate tooling and specifications with trained experts, record all data. Observe and report data compiled from dynamic testing at all RPM ranges. Prove repairs complete. 3. Subcontractor labor in this estimate does not include any OEM labor or parts. This Estimate is the support services surrounding the Caterpillar OEM Expert Service. 4. Custom components fabricated for the removal of any machinery space may have to be assembled in place and disassembled to remove out of the machinery space. Regardless, any custom tooling will be provided back to the client for future use. 5. Bridgeport Boatworks will compile data during testing of repairs using measured data surrounding the machinery(Exhaust Leaks, Oil Pressure, Noise Level, Vibration). In the unlikely event that there is a finding not up to specification, Bridgeport Boatworks will take the appropriate steps to remediate the fault back to a satisfactory range. Labor Labor　Rate Rate　Qty Qty　Total Total Subcontractor Labor BB Comments: Comments: Budgetary Estimate is proposed as a Flat Rate fee for the work scope projected to take 14 days leading up to OEM work, with an additional 14 days after OEM is completed.　\$126,000.00 Flat Fee　1　\$126,000.00 N implementation.　While performing the scope of work, if emergent repairs/parts replacement are needed, a supplemental work order estimate will be provided for approval and For Hornblower, warranty on installation and alignment is thirty days from the time of verification. Part Part　Rate Rate　Qty　Total Total Estimated Parts BB Comments: 3. Alignment　Comments: 1. Engine mounts- x4 2. Insulation, Custom made, to protect inside shielding 4. Protection of lazarette, deck, surrounding space. 5. Miscellaneous, paint, hardware, consumables.　\$128,400.00　1　\$128,400.00 T Charge Charge　Rate Rate　Qty Qty　Total Total Environmental & Safety Fee BB　4% (Parts and Labor)　1　\$10,176.00 N Labor Labor \$126,000.00 \$126,000.00　Parts \$128,400.00 \$128,400.00　Charges Charges \$10,176.00 \$10,176.00　Subtotal Subtotal \$264,576.00 \$264,576.00　Tax \$8,153.40 \$8,153.40　Total Total \$272,729.40 \$272,729.40 Terms and Conditions Terms and Conditions　We are pleased to provide this Estimate for repair work on your vessel. This Budgetary Estimate is based upon our inspection of your vessel, information that you have provided to us, and our experience regarding similar vessels and work. It is possible that defective parts or other issues with your vessel will be discovered after our work has begun and, for these reasons, this Estimate does not include additional parts or labor that may be required after the job has begun. We will notify you of any such issues if they should arise. Tax, Environental and Subcontractor charges may be additional if applicable. herein, and is valid for fourteen (14) days from the date of the Estimate.　The pricing set forth in this Estimate is based on the assumptions, exclusions and scope of work set forth Your acceptance of this Estimate is subject to the terms and conditions attached hereto as Exhibit A. A deposit is required at the time of approval, with the balance and any additional charges due upon completion. A payment schedule will be provided by Bridgeport Boatworks, laying out the estimated expenses for the upcoming months work. This will allow the customer to budget/make payment on a monthly basis and keep account in the positive at all times. Should this Estimate and Terms and Conditions meet with your approval, kindly sign and return at your earliest convenience. If you have any questions or concerns, please do not hesitate to contact us. Sincerely, Bridgeport Boatworks Representative_______________________9/12/2022___________ ___________　Customer Signature:__________________________________________________________ Lloyd Bernard　Printed Name:_______________________________________________________________ 12 September 2022　Date:______________________________________________________________________ Notice Notice This Estimate is not an invoice and does not represent the final amount due or the balance on this Estimate. For questions or concerns, please call Bridgeport Boatworks at (860) 536-9651. Exhibit A Terms and Conditions 1. Applicability: These terms and conditions ("Terms") are the only terms which govern the services ("Services") to be provided by Bridgeport Boatworks to the owner ("Owner") of the vessel(s) ("Vessel") listed in the accompanying estimate ("Estimate"). The Terms and Estimate are collectively referred to herein as the "Agreement." These Terms shall prevail over any prior agreements or discussions between Bridgeport Boatworks and the Owner. Owner will be deemed to have accepted these Terms upon Bridgeport Boatworks' commencement of performance of the Services or Owner's return of the signed Agreement, whichever is earlier. 2. Compensation: In consideration of the performance by Bridgeport Boatworks of the Services, Owner agrees to pay Bridgeport Boatworks the fee set forth in the Estimate/Invoice (or the portion earned) upon receipt of submission of Bridgeport Boatworks' invoice or as otherwise set forth in the Agreement. In addition, Owner shall reimburse Bridgeport Boatworks for reasonable expenses incurred in performance of the Services, including but not limited to travel expenses, storage charges, shipping charges, and other reasonable expenses incurred in Bridgeport Boatworks' performance of the Services. Owner shall pay such reimbursable expenses upon receipt following Owner's receipt of an invoice containing such expenses. Any amounts due to Bridgeport Boatworks from Owner under this Agreement shall, after a thirty (30) day grace period, bear interest from the due date at the maximum rate allowed by applicable law. 3. Change Requests: Owner may request a change to any portion of the Services at any time by submitting such request in writing to Bridgeport Boatworks ("Change Request"). Within a reasonable time after receipt of a Change Request from Owner, Bridgeport Boatworks shall evaluate the impact of the Change Request and provide Owner with a written statement setting forth its estimate of the cost of the change. Within a reasonable time after receipt of a Change Request from Bridgeport Boatworks, Owner shall provide a written acceptance or rejection of the Change Request. Bridgeport Boatworks' fee for the Services shall be adjusted to the extent of any increase in Services, at a fixed amount as agreed by the parties, or if the parties do not agree to a fixed amount, on a time and materials (T&M) basis at the rates set forth herin, or if no rates are set forth, at rates agreed by the parties. Bridgeport Boatworks shall not be required to proceed with a change in services absent agreement by the parties in writing. 4. Warranty: Bridgeport Boatworks warrants that the Services shall be performed using personnel of required skill, experience and qualifications in a professional and workmanlike manner. Other than as set forth herein, Bridgeport Boatworks makes no warranties regarding workmanship or materials, either express or implied, including any implied warranty or merchantability, fitness for a particular purpose or seaworthiness. 5. Fees and Costs: Owner shall reimburse Bridgeport Boatworks for all costs incurred in collecting any late payments, including, without limitation, attorneys' fees. In addition to all other remedies available under this Agreement or at law (which Bridgeport Boatworks does not waive by the exercise of any rights hereunder), Bridgeport Boatworks shall be entitled to suspend the delivery of any goods or performance of any services hereunder if the Owner fails to pay any amounts when due hereunder. 6. Liability of Bridgeport Boatworks: Bridgeport Boatworks shall have no liability for any matters arising out of or related to this Agreement except to the extent caused by the sole negligence of Bridgeport Boatworks or those for whom it is directly responsible. In no event shall Bridgeport Boatworks' liability for any matters arising out of or related to this Agreement exceed the fee paid to Bridgeport Boatworks under this Agreement. No principal, partner, member, director, officer, agent, servant, employee, or consultant of Bridgeport Boatworks shall have any personal liability relating to the subject matter of this Agreement. 7. Insurance: Owner shall at all times maintain adequate and customary insurance covering the Vessel for the duration of the Services, including while the Vessel is in the custody and/or control of Bridgeport Boatworks. Owner and Bridgeport Boatworks each hereby waive their entire right of recovery against the other for injury, loss, or damage to the extent covered by insurance proceeds received by the damaged party. All policies required hereunder shall provide that the respective carrier(s) waives all rights of subrogation with respect to losses payable under such policies. 8. Termination: Bridgeport Boatworks shall have the right to terminate this Agreement upon seven (7) days' written notice in the event that Owner is in material breach of its obligations hereunder. In the event the Agreement is terminated for any reason prior to the completion of the Services, then, in addition to the reimbursable expenses detailed herein, Owner shall pay to Bridgeport Boatworks the balance of the remaining fee as of the date of termination, representing payment for demobilization costs, opportunity costs, and anticipated lost profit. Bridgeport Boatworks' exercise of its rights under this section shall not in any way limit or abridge other remedies available to it under the Agreement or applicable law, including any lien rights with respect to the Vessel. 9. Force Majeure: Bridgeport Boatworks shall not be liable or responsible to the Owner, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Bridgeport Boatworks including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, terrorist threats or acts, riot, or other civil unrest, public emergency, epidemics or pandemics, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. 10. General Provisions: a. Owner hereby grants Bridgeport Boatworks, its agents and employees, permission to operate the Vessel for the purpose of testing and/or inspection. b. Owner shall remove all articles of personal property, gear, or other appurtenances not necessary for the performance of the Services from the Vessel prior to delivery of the Vessel to Bridgeport Boatworks. Bridgeport Boatworks shall not be responsible for damage to or loss of any such articles of personal property, gear, or other appurtenances left aboard the Vessel, due to fire, theft, pilferage, or otherwise. Delivery of the Vessel does not constitute a bailment of any articles of personal property, gear, or other appurtenances left on the Vessel which are not necessary for the performance of the Services. c. This Agreement constitutes the entire agreement between the parties hereto regarding the subject matter hereof, and supersedes all prior agreements, whether written or oral. d. No change, modification, or amendment shall be made to this Agreement unless set forth in writing and signed by the parties hereto. e. All express representations, warranties, indemnifications, and limits of liability included in this Agreement will survive its completion or termination for any reason. If any provision of this Agreement shall be held invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. The remaining provisions shall remain in full force and effect, as if the unenforceable provision had been deleted. The parties agree to replace any omitted provision with a valid provision that comes as close as possible to the intent of the omitted provision. f. This Agreement shall be governed by and construed under the laws of the state in which the Services are performed, without regard to its conflicts of laws principles. g. Bridgeport Boatworks and Owner will first attempt to resolve disputes or disagreements through discussions between their respective representatives, who shall meet upon the request of either party as soon as conveniently possible to attempt to resolve such dispute or disagreement. If after meeting, the representatives determine that the dispute or disagreement cannot be resolved on terms satisfactory to both parties, the parties shall submit the dispute or disagreement to non-binding mediation. The mediation shall be conducted by a mutually agreeable impartial mediator, or if the parties cannot so agree, a mediator designated by the American Arbitration Association ("AAA"). If a dispute has not been resolved in accordance with the procedures set forth above, such disputes shall be decided by arbitration in accordance with the applicable AAA rules then in effect, unless the parties mutually agree otherwise. The award of the arbitrator(s) shall be final and binding upon the parties without the right of appeal to the courts. Judgment may be entered upon it in accordance with applicable law by any court having jurisdiction thereof. Notice This estimate is not an invoice and does not represent the final amount due or the balance on this estimate. For questions or concerns, please call Bridgeport Boatworks at (860) 536-9651. Bridgeport Boatworks 731 Seaview Ave Bridgeport, CT 06607 United States (860) 536-9651 Estimate Lady May -DAILY YARD COSTS 2022 ID: ID: 6079 Vessel Vessel Lloyd Benard captain@yachtladymay.com 1 3057994799 Lady May Dimensions: 151 ' x 32 ' x 7 ' Make: Feadship Weight: 0 Estimate Comments This is the budgetary estimate for the yard period for the 152' motor vessel LADY MAY. This estimate is subject to the Naval Architect / Pre-Haul Engineering Evaluation, to determine if this vessel can be safely lifted with Bridgeport Boatworks Marine Travelift. This estimate does not include CT Sales Tax. A deposit of \$15,000 is requested to secure space and estimated labor. 1. Daily Vessel Storage 1. Daily Storage \$456.00 \$456.00 Labor Labor　Rate Rate　Qty Qty　Total Total Summer Storage BB　\$3.00 Flat Fee　152　\$456.00 T 2. Daily Shore Power Electric 2. Daily Shore Power Electric \$124.80 \$124.80 Comments: Comments: Daily 480V / 100amp / 3 Phase Shore Power Labor Labor　Rate Rate　Qty Qty　Total Total Summer Electric BB　\$120.00 Flat Fee　1　\$120.00 N Charge Charge　Rate Rate　Qty　Total Total Environmental & Safety Fee BB　4% (Parts and Labor)　1　\$4.80 N 3. Project Management- 10 Hours/week 3. Project 10 Hours/week　\$1,352.00 \$1,352.00 Labor Labor　Rate　Qty　Total Total Molo Estimate 8/23/22, 12:56 PM Case 22-50073 Doc 924-1 Filed 10/06/22 Entered 10/06/22 10:56:26 Page 38 of Project Management BB　\$130.00 Per Hour　10　\$1,300.00 N Charge Charge　Rate Rate　Qty Qty　Total Total Environmental & Safety Fee BB　4% (Parts and Labor)　1　\$52.00 N 4. Cooling Tower Rental (Daily) 4. Cooling Tower Rental (Daily)\$135.20 \$135.20 Comments: Comments: Daily Rental of Cooling Tower. Does not include hook up & disconnect which is T&M at \$120/hr. Rate Rate　Qty Qty　Total Total \$130.00 T Rental Equipments BB　\$130.00 Flat Fee　1 Rate Rate　Qty　Total Total Environmental & Safety Fee BB　4% (Parts and Labor)　1　\$5.20 N Labor Labor Charge Charge 5. Crane Operator Hourly 5. Crane Operator \$390.00 \$390.00 Labor Labor　Rate Rate　Qty Qty　Total Total \$375.00 N Crane Charge BB　\$375.00 Per Hour Charge Charge　Rate Rate　Qty Qty　Total Total Environmental & Safety Fee BB　4% (Parts and Labor)　1　\$15.00 N 6. Forklift Operator Hourly 6. Forklift Hourly　\$104.00 \$104.00 Comments: Comments: Hourly Fork Lift Charge Labor Labor　Rate Rate　Qty Qty 1　Total Total \$100.00 N Equipment Charge BB　\$100.00 Per Hour Charge Charge　Rate Rate　Qty Qty　Total Total Environmental & Safety Fee BB　4% (Parts and Labor)　1　\$4.00 N 7. Waste Water Containment & Disposal 7. Waste Water Containment & \$8,284.64 \$8,284.64 Comments: Comments: Supply Vessel with 1,000 gallon holding tank while on the hard and schedule 3 pump outs per week. Labor Labor　Rate　Qty　Total Total Subcontractor Labor BB Comments: Comments: Drop Off & Pick Up of 1000 gallon waste tank.　\$501.00 Flat Fee　1　\$501.00 N Rental Equipments BB Comments: Comments: 1,000 gallon waste tank rental (30 days).　\$625.00 Flat Fee　1　\$625.00 T Subcontractor Labor BB Comments: Comments: Pump out and disposal of 1,000 gallon tank 3x per week, Monthly Charge.　\$6,500.00 Flat Fee　1　\$6,500.00 N Molo Estimate 8/23/22, 12:56 PM Case 22-50073 Doc 924-1 Filed 10/06/22 Entered 10/06/22 10:56:26 Page 39 of Yard Labor BB Comments: Comments: Hook vessel up to waste holding tank via vessels discharge thru hull fitting. Yard Labor BB Comments: Comments: Hook vessel up to waste holding tank via vessels discharge thru hull fitting.　\$85.00 Per Hour　4　\$340.00 N Charge Charge　Rate Rate　Qty Qty　Total Total Environmental & Safety Fee BB　4% (Parts and Labor)　1　\$318.64 N 8. 21' Tender Inside Storage BB 8. 21' Tender Inside Storage BB　\$87.36 Comments: Comments: Daily inside storage of 21' RIB. Labor Labor　Rate Rate　Qty Qty　Total Total Summer Storage BB　\$4.00 Flat Fee　21　\$84.00 T Charge Charge　Rate Rate　Qty　Total Total Environmental & Safety Fee BB　4% (Parts and Labor)　1　\$3.36 N 9. Haul & Launch Tender 9. Haul & Launch Tender　\$780.00 \$780.00 Labor Labor　Rate Rate　Qty Qty　Total Total Crane Charge BB　\$375.00 Per Hour　2　\$750.00 N Charge Charge　Rate Rate　Qty Qty　Total Total Environmental & Safety Fee BB　4% (Parts and Labor)　1　\$30.00 N Labor Labor Parts Charges Charges \$11,281.00 \$11,281.00 \$0.00 \$0.00 \$433.00 \$433.00　Subtotal Subtotal \$11,714.00 \$11,714.00　Tax \$82.25 \$82.25　Total Total \$11,796.25 \$11,796.25 Terms and Conditions Terms and Conditions We are pleased to provide this Estimate for repair work on your vessel. This Budgetary Estimate is based upon our inspection of your vessel, information that you have provided to us, and our experience regarding similar vessels and work. It is possible that defective parts or other issues with your vessel will be discovered after our work has begun and, for these reasons, this Estimate does not include additional parts or labor that may be required after the job has begun. We will notify you of any such issues if they should arise. Tax, Environental and Subcontractor charges may be additional if applicable. The pricing set forth in this Estimate is based on the assumptions, exclusions and scope of work set forth herein, and is valid for fourteen (14) days from the date of the Estimate. Your acceptance of this Estimate is subject to the terms and conditions attached hereto as Exhibit A. A deposit is required at the time of approval, with the balance and any additional charges due upon completion. A payment schedule will be provided by Bridgeport Boatworks, laying out the estimated expenses for the upcoming months work. This will allow the customer to budget/make payment on a monthly basis and keep account in the positive at all times. Should this Estimate and Terms and Conditions meet with your approval, kindly sign and return at your earliest convenience. If you have any questions or concerns, please do not hesitate to contact us. Sincerely, Bridgeport Boatworks Representative___________________________9/12/2022_______ Customer Signature:__________________________________________________________ Lloyd Bernard Printed Name:_______________________________________________________________ 12 September 2022 Date:______________________________________________________________________ Notice Notice This Estimate is not an invoice and does not represent the final amount due or the balance on this Estimate. For questions or concerns, please call Bridgeport Boatworks at (860) 536-9651. Exhibit A Terms and Conditions 1. Applicability: These terms and conditions ("Terms") are the only terms which govern the services ("Services") to be provided by Bridgeport Boatworks to the owner ("Owner") of the vessel(s) ("Vessel") listed in the accompanying estimate ("Estimate"). The Terms and Estimate are collectively referred to herein as the "Agreement." These Terms shall prevail over any prior agreements or discussions between Bridgeport Boatworks and the Owner. Owner will be deemed to have accepted these Terms upon Bridgeport Boatworks' commencement of performance of the Services or Owner's return of the signed Agreement, whichever is earlier. 2. Compensation: In consideration of the performance by Bridgeport Boatworks of the Services, Owner agrees to pay Bridgeport Boatworks the fee set forth in the Estimate/Invoice (or the portion earned) upon receipt of submission of Bridgeport Boatworks' invoice or as otherwise set forth in the Agreement. In addition, Owner shall reimburse Bridgeport Boatworks for reasonable expenses incurred in performance of the Services, including but not limited to travel expenses, storage charges, shipping charges, and other reasonable expenses incurred in Bridgeport Boatworks' performance of the Services. Owner shall pay such reimbursable expenses upon receipt following Owner's receipt of an invoice containing such expenses. Any amounts due to Bridgeport Boatworks from Owner under this Agreement shall, after a thirty (30) day grace period, bear interest from the due date at the maximum rate allowed by applicable law. 3. Change Requests: Owner may request a change to any portion of the Services at any time by submitting such request in writing to Bridgeport Boatworks ("Change Request"). Within a reasonable time after receipt of a Change Request from Owner, Bridgeport Boatworks shall evaluate the impact of the Change Request and provide Owner with a written statement setting forth its estimate of the cost of the change. Within a reasonable time after receipt of a Change Request from Bridgeport Boatworks, Owner shall provide a written acceptance or rejection of the Change Request. Bridgeport Boatworks' fee for the Services shall be adjusted to the extent of any increase in Services, at a fixed amount as agreed by the parties, or if the parties do not agree to a fixed amount, on a time and materials (T&M) basis at the rates set forth herin, or if no rates are set forth, at rates agreed by the parties. Bridgeport Boatworks shall not be required to proceed with a change in services absent agreement by the parties in writing. 4. Warranty: Bridgeport Boatworks warrants that the Services shall be performed using personnel of required skill, experience and qualifications in a professional and workmanlike manner. Other than as set forth herein, Bridgeport Boatworks makes no warranties regarding workmanship or materials, either express or implied, including any implied warranty or merchantability, fitness for a particular purpose or seaworthiness. 5. Fees and Costs: Owner shall reimburse Bridgeport Boatworks for all costs incurred in collecting any late payments, including, without limitation, attorneys' fees. In addition to all other remedies available under this Agreement or at law (which Bridgeport Boatworks does not waive by the exercise of any rights hereunder), Bridgeport Boatworks shall be entitled to suspend the delivery of any goods or performance of any services hereunder if the Owner fails to pay any amounts when due hereunder. 6. Liability of Bridgeport Boatworks: Bridgeport Boatworks shall have no liability for any matters arising out of or related to this Agreement except to the extent caused by the sole negligence of Bridgeport Boatworks or those for whom it is directly responsible. In no event shall Bridgeport Boatworks' liability for any matters arising out of or related to this Agreement exceed the fee paid to Bridgeport Boatworks under this Agreement. No principal, partner, member, director, officer, agent, servant, employee, or consultant of Bridgeport Boatworks shall have any personal liability relating to the subject matter of this Agreement. 7. Insurance: Owner shall at all times maintain adequate and customary insurance covering the Vessel for the duration of the Services, including while the Vessel is in the custody and/or control of Bridgeport Boatworks. Owner and Bridgeport Boatworks each hereby waive their entire right of recovery against the other for injury, loss, or damage to the extent covered by insurance proceeds received by the damaged party. All policies required hereunder shall provide that the respective carrier(s) waives all rights of subrogation with respect to losses payable under such policies. 8. Termination: Bridgeport Boatworks shall have the right to terminate this Agreement upon seven (7) days' written notice in the event that Owner is in material breach of its obligations hereunder. In the event the Agreement is terminated for any reason prior to the completion of the Services, then, in addition to the reimbursable expenses detailed herein, Owner shall pay to Bridgeport Boatworks the balance of the remaining fee as of the date of termination, representing payment for demobilization costs, opportunity costs, and anticipated lost profit. Bridgeport Boatworks' exercise of its rights under this section shall not in any way limit or abridge other remedies available to it under the Agreement or applicable law, including any lien rights with respect to the Vessel. 9. Force Majeure: Bridgeport Boatworks shall not be liable or responsible to the Owner, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Bridgeport Boatworks including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, terrorist threats or acts, riot, or other civil unrest, public emergency, epidemics or pandemics, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. 10. General Provisions: a. Owner hereby grants Bridgeport Boatworks, its agents and employees, permission to operate the Vessel for the purpose of testing and/or inspection. b. Owner shall remove all articles of personal property, gear, or other appurtenances not necessary for the performance of the Services from the Vessel prior to delivery of the Vessel to Bridgeport Boatworks. Bridgeport Boatworks shall not be responsible for damage to or loss of any such articles of personal property, gear, or other appurtenances left aboard the Vessel, due to fire, theft, pilferage, or otherwise. Delivery of the Vessel does not constitute a bailment of any articles of personal property, gear, or other appurtenances left on the Vessel which are not necessary for the performance of the Services. c. This Agreement constitutes the entire agreement between the parties hereto regarding the subject matter hereof, and supersedes all prior agreements, whether written or oral. d. No change, modification, or amendment shall be made to this Agreement unless set forth in writing and signed by the parties hereto. e. All express representations, warranties, indemnifications, and limits of liability included in this Agreement will survive its completion or termination for any reason. If any provision of this Agreement shall be held invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. The remaining provisions shall remain in full force and effect, as if the unenforceable provision had been deleted. The parties agree to replace any omitted provision with a valid provision that comes as close as possible to the intent of the omitted provision. f. This Agreement shall be governed by and construed under the laws of the state in which the Services are performed, without regard to its conflicts of laws principles. g. Bridgeport Boatworks and Owner will first attempt to resolve disputes or disagreements through discussions between their respective representatives, who shall meet upon the request of either party as soon as conveniently possible to attempt to resolve such dispute or disagreement. If after meeting, the representatives determine that the dispute or disagreement cannot be resolved on terms satisfactory to both parties, the parties shall submit the dispute or disagreement to non-binding mediation. The mediation shall be conducted by a mutually agreeable impartial mediator, or if the parties cannot so agree, a mediator designated by the American Arbitration Association ("AAA"). If a dispute has not been resolved in accordance with the procedures set forth above, such disputes shall be decided by arbitration in accordance with the applicable AAA rules then in effect, unless the parties mutually agree otherwise. The award of the arbitrator(s) shall be final and binding upon the parties without the right of appeal to the courts. Judgment may be entered upon it in accordance with applicable law by any court having jurisdiction thereof. Notice This estimate is not an invoice and does not represent the final amount due or the balance on this estimate. For questions or concerns, please call Bridgeport Boatworks at (860) 536-9651.