Guo Wengui / Miles Guo — criminal case · ECF #930

METADATA

Defendant: Guo Wengui / Miles Guo / Ho Wan Kwok
Court: SDNY
Case No.: 1:23-cr-00118
ECF #: 930
Type: DOC
Filed: 2022-10-07

FULL TEXT

# **UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION**

In re:

HO WAN KWOK,

Debtor.

Chapter 11

Case No: 22-50073 (JAM)

Re: ECF Nos. 299 and 728

# **CONSENT ORDER GRANTING HK INTERNATIONAL FUNDS INVESTMENTS (USA) LIMITED, LLC'S MOTION FOR ORDER ESTABLISHING REPAIR RESERVE FOR THE LADY MAY**

Upon the Motion for Order Establishing Repair Reserve for the Lady May (the "Motion") filed pursuant to this Court's Stipulated Order Compelling HK International Funds Investments (USA) Limited, LLC to Transport and Deliver that Certain Yacht, the "Lady May" (the "Stipulated Order," ECF No. 299) by HK International Funds Investments (USA) Limited, LLC ("HK USA"), which seeks an order establishing the repair reserve (the "Repair Reserve") required by the Stipulated Order, including the amount of the Repair Reserve equaling \$4,000,000.00 (the "Repair Reserve Amount") and certain ancillary relief as set forth therein; the Court having scheduled an evidentiary hearing for Friday, October 7, 2022 at 10:00 a.m. (the "Hearing") to consider the relief requested by the Motion and any objections thereto; upon Pacific Alliance Asia Opportunity Fund L.P.'s Limited Objection to HK International Funds Investments (USA) Limited, LLC's Motion to Establish Repair Reserve for the Lady May [ECF No. 871] and the Joinder of the Official Committee of Unsecured Creditors in Pacific Alliance Asia Opportunity Fund L.P.'s Limited Objection to HK International Funds Investments (USA) Limited, LLC's Motion to Establish Repair Reserve for the Lady May [ECF No. 873] (collectively, the "Limited Objections"); upon further the written consent to the entry of this Order in resolution of the Motion and the Limited Objections by (a) each of the parties to the Stipulated Order, namely, the debtor, Ho Wan Kwok, HK USA, the Official Committee of Unsecured Creditors appointed in this case, and the creditors, Pacific Alliance Asia Opportunity Fund L.P., Rui Ma and Zheng Wu, as well as (b) the trustee appointed in this case, Luc A. Despins (the "Trustee"), delivered to counsel for HK USA; 1 and finally upon consideration of the Motion and the relief requested appearing to this Court to be necessary and appropriate to carry out the orderly operation of the Debtor's estate and, in particular, the effectuation of the procedures set forth in the Stipulated Order; due and sufficient notice of the Motion having been given under the particular circumstances; and after due deliberation and sufficient cause appearing therefor, it is hereby:

**ORDERED** that the Motion is hereby **GRANTED** to the extent set forth herein, the Limited Objections have been resolved as set forth herein and, therefore, are hereby **WITHDRAWN,** and the Repair Reserve required by the Stipulated Order and requested in the Motion, including the Repair Reserve Amount equaling \$4,000,000.00, is hereby authorized, approved and established subject to the terms and conditions of this Order as follows:

(i) The Trustee shall hold the Repair Reserve Amount as escrow agent in the Trustee's section 345 bank account (the "Trustee's Bank Account") solely for the purpose of securing the completion of the service, maintenance, and repairs required to be performed to restore the Lady May to good working order in accordance with the Stipulated Order, specifically, paragraph 11 (the "Required Repairs") and this Order; provided, however, that the Repair Reserve Amount shall be held in the Trustee's Bank Account as if segregated from all other funds in such account, and

1 Nothing in this Order, nor the Trustee's participation in formulating this Order, shall be deemed to affect whether or not the Trustee is a party to or subject to the Stipulated Order, and all parties' rights in this regard are reserved including, but not limited to, the Debtor's and HK USA's position that the Trustee is, in fact, a party to and subject to the terms and conditions of the Stipulated Order.

the Trustee shall not be able to use or disburse any of the Repair Reserve Amount except as provided in this Order;

- (ii) HK USA shall cause the service, maintenance, and repairs set forth in the proposals appended hereto as **Exhibit A** to be performed at Bridgeport Boatworks, 731 Seaview Avenue, Bridgeport, Connecticut, to repair the fuel pump/engines, repair the paint on the starboard bow section of the hull, fabricate and install bilge boards for center bilge, and service the starboard and port main engines (after repairs) on the Lady May (the "Initial Work"); - (iii) The "Valve Service" described in the Motion, and any other Required Repairs (i) not included in the Initial Work or (ii) not known at this time but discovered in connection with either the Initial Work or the Valve Service (the "Remaining Work"), shall be performed at a later date to be determined (but shall be completed in no event later than on or before seven (7) months after the entry of this Order which deadline may be extended for good cause shown), subject to further order of this Court in accordance with the Stipulated Order; - (iv) To fund the Repair Reserve, this Court shall by separate Order in the form attached hereto as **Exhibit B** direct the "Escrow Agent" to disburse from the "Escrow Funds" (as these terms are used in the Stipulated Order) to the Trustee good funds in the Repair Reserve Amount, which transfer shall establish the Repair Reserve in accordance with Section 11 of the Stipulated Order;2

2 For the avoidance of doubt, and notwithstanding anything to the contrary in this Order, nothing in this Order, shall affect the status of the remaining Escrow Funds (i.e., the other \$33 million) other than the second to last decretal paragraph of this Order which provides that HK USA has performed and satisfied its obligation to establish the Repair Reserve in accordance with Section 3(v) and 11 of the Stipulated Order.

- (v) The Trustee shall pay from the Repair Reserve Amount the expenses (including any required deposits)) incurred to perform the Required Repairs or to pay the Insurance Deductible (as defined in the Motion) without further notice if such expenses are in accordance with the estimates set forth in **Exhibit A**, or if such expenses are not in accordance with such estimates, upon either: - a. The written consent of HK USA and the Trustee; or - b. The order of this Court following a motion seeking such relief and after due notice and a hearing;

To the extent that the Trustee and his advisors spend more than ten (10) hours in any given month related to the administration of payments from the Repair Reserve, the corresponding fees shall be paid out of the Repair Reserve;

- (vi) Notwithstanding anything herein to the contrary, the Trustee shall not be, nor required to be, a party to any contract (including any work orders) related to the Required Repairs, and the Trustee shall have no liability whatsoever to any person providing goods or services related to the Required Repairs, except that the Trustee shall be required to pay expenses in accordance with, and subject to the terms of, this Order; - (vii) In the event and to the extent the Repair Reserve Amount is insufficient to fund fully and pay for the Required Repairs ("Repair Reserve Shortfall"), HK USA shall immediately deliver to the Trustee the Repair Reserve Shortfall (i) if funds are still held by the Escrow Agent, by seeking an Order from this Court directing the Escrow Agent to disburse good funds to the Trustee from the Escrow Funds; and/or (ii) by transferring good funds to the Trustee from other, non-escrowed sources.

Any dispute with respect to the Repair Reserve Shortfall shall be heard by this Court upon motion of any party and after due notice and a hearing and, once determined by this Court, HK USA shall immediately deliver the Repair Reserve Shortfall to the Trustee to be held by Trustee in accordance with this Order;

- (viii) After completion of the Initial Work and then again after the completion of all Required Repairs, including, but not limited to the Valve Service, HK USA shall (a) obtain documentation from (i) Bridgeport Boatworks or such other third-party contractor that provided the corresponding Required Repairs, and (ii) Lloyd's Register of Shipping or the American Bureau of Shipping, certifying that the corresponding Required Repairs have been completed (the "Repair Certifications") and (b) promptly cause the Lady May to be moved from dry dock into water; - (ix) Promptly upon receipt of a Repair Certifications, HK USA shall provide copies thereof to the Trustee, who shall then have a right to timely inspect the Lady May to confirm the completion of the corresponding Required Repairs (each, the "Trustee Inspection," and, the final Trustee Inspection after the completion of all Required Repairs, the "Final Trustee Inspection"). Any costs associated with a Trustee Inspection shall be borne by the Debtor's estate. If a Trustee Inspection does not commence within 15 days of the later of the Trustee's receipt of the Repair Certification or the Lady May having been moved from dry dock into water, the Trustee waives its right to conduct the Trustee Inspection. For the avoidance of doubt, each Trustee Inspection may include a sea trial, at the sole discretion of the Trustee, which sea trial HK USA shall reasonably accommodate; - (x) Upon completion of the Initial Work and the Trustee Inspection with respect to the Initial Work or upon the Trustee's waiver of his right to inspect the Initial Work as set forth above, and in the event and to the extent the Repair Reserve Amount exceeds the amount reasonably necessary to secure the payment of the Remaining Required Repairs ("Repair Reserve Excess") including, but not limited to, the Remaining Work, this Court, upon motion of HK USA filed on or after November 15, 2022, and after due notice and a hearing, shall determine the Repair Reserve Excess, if any, and shall order the Trustee to transfer such Repair Reserve Excess to HK USA or, in the event this Court has entered an order granting a prejudgment remedy against HK USA and such prejudgment remedy is not otherwise fully secured, the Trustee shall continue to hold such Repair Reserve Excess subject to and in accordance with the order granting prejudgment remedy; - (xi) Upon completion of the Final Trustee Inspection, or upon the Trustee's waiver of his right to inspect as set forth above, and in the event and to the extent the Repair Reserve Amount exceeds the amount that was necessary to pay for the Required Repairs (including, but not limited to, the Initial Work and the Valve Service), this Court, upon motion of HK USA and after due notice and a hearing, and once determined by this Court that the Required Repairs have been fully performed, shall order the Trustee to transfer any excess Repair Reserve funds to HK USA or, in the event this Court has entered an order granting a prejudgment remedy in favor of the Trustee and against HK USA and such prejudgment remedy is not otherwise fully secured, the Trustee shall continue to hold such excess subject to and in accordance with the order granting prejudgment remedy;

(xii) HK USA shall cause any and all insurance proceeds payable on account of the Required Repairs to be paid either (i) to the entity performing the Required Repairs to pay for such Required Repairs or (ii) to the Trustee to be incorporated into and held as part of the Repair Reserve subject to the terms and conditions of this Order; and HK USA shall further promptly upon receipt of any such insurance proceeds provide the Trustee with documentation establishing that it has complied with this paragraph; and it is further

**ORDERED**, that, by this Order, HK USA has performed and satisfied its obligation to establish the Repair Reserve in accordance with Section 3(v) and 11 of the Stipulated Order; provided, however, that HK USA shall not file with this Court the "HK USA Certification" as permitted by paragraph 3 of the Stipulated Order before November 3, 2022; and it is finally

**ORDERED**, that the Hearing will not be held in light of the entry of this Consent Order.

Dated at Bridgeport, Connecticut this 7th day of October, 2022.

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Case 22-50073 Doc 930 Filed 10/07/22 Entered 10/07/22 09:24:46 Page 9 of 54

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| | |-----------------| | | SOLD TO | | MOBILE AL | | | | | | MAKE | | | | | | | | 1 | 2 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | SEE REVERSE FOR | | | | | | | | HOME OFFICE 500 World Commerce Parkway St. Augustine, FL 32092 | | | | | | | FOR NQUIRIES PLEASE REFERENCE THIS NUMBER | -----------------------------|--------------------------------------|--------------------|--------------|-----------------------------------------------------------------------|-----------------|------------------------|----------------------|-------------------|----------------|----------------------------------|----------------------------------------------| | CUSTOMER QUOTE | | * EXPIRES 10/15/22 | | | | | *CHARGE* | | | DOCUMENT NO. | 00Q051982 | | BEARD EQUIPMENT CO INC | | | CUSTOMER NO. | | SHIP TO | | | | FILLED BY | {{{00Q051982 | | | 2480 E I65 SERVICE RD NORTH | | | 003387 | | | | | | W/C | | | | 36617 | | STORE | | | | | | LOCATION | | | | | | 00 | | | | | | W/C PIECES | | | | ORDERED BY | | TELEPHONE | | CUST. ORDER NO. | | INSTRUCTIONS | | DELIVERY LOCATION | | SHIP VIA | | | DEREK 386326268 | | 904-296-5000 | | | 00: | | 00: | | | | WILL | | 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/ | | | | | | NET | | | | | | NO. ORDER SHIP B/O | | DESCRIPTION | | LOCATION N/R | | | TR SOS WEIGHT | | | | UNIT PRICE EXTD PRICE | | PARTS SALES PERSON: HEYRMAN, CARL W. | | | | | | | | | | | | 2 307-4581 | | | | | | QN AAA | 106.5 | | 6807.47 | 13614.94 | | | CORE AS-AFTC | | 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** | | | | | | | | | | | | | | | | | | | PARTS RETURN POLICY | | | / | | | / | | | | | ORIGINAL | | | RECEIVED BY | | | PRINT NAME | | DATE RECEIVED | | | | |

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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 | | RNZ00974 CATERPILLAR | | | | | | 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 930 Filed 10/07/22 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 10/07/22 09:24:46 | Page 11 of 54 | |--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------|---------------| | | 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. | | |

| | 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 |

-ANY ITEMS FOUND TO NOT MEET CAT REUSE GUIDELINES

WILL BE QUOTED.

# Case 22-50073 Doc 930 Filed 10/07/22 Entered 10/07/22 09:24:46 Page 12 of 54

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 examina ion 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 wi h 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 he 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 he repair or replacement at Ring Power's premises of hose 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 imes 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 deprecia ion) 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.

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Quote No: 86346 - 1

# MY LADY MAY 757 5TH AVE NEW YORK NY 10153

| 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 | | ORNZ00997 | | UNIT NO. | HOURS | wo no. | P.O. NO. | | SME | 987 | | |

#### TRAVEL TO/FROM MARINE PROPULSION PACKAGE NOTES:

| 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 930 Filed 10/07/22 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 10/07/22 09:24:46 | Page 15 of 54 | |---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------|---------------| | | 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 930 Filed 10/07/22 Entered 10/07/22 09:24:46 Page 16 of 54

| 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:**

a. Time and Material Work - Ring Power will proceed with the work agreed upon at current labor and parts prices.

7. APPLICABLE LAW - This Agreement shall be deemed to be governed by the laws of the State of Florida.

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Quote No: 85398 - 1

# MY LADY MAY 757 5TH AVE NEW YORK NY 10153

| 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 | | ORNZ00997 | | UNIT NO. | HOURS | wo no. | P.O. NO. | | | 987 | | |

### 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 930 Filed 10/07/22 Entered 10/07/22 09:24:46 Page 19 of 54

\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*

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 930 GEAR AS-CRAN | Filed 10/07/22 1.00 | Entered 10/07/22 09:24:46 1,235.38 | 1,235.38 | Page 20 of 54 1,235.38 | |----------|------------------------------------------|------------------------|---------------------------------------|----------|---------------------------| | 2241215 | STUBSHAFT | 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 930 CAP SCREW | Filed 10/07/22 12.00 | Entered 10/07/22 09:24:46 1.15 | Page 21 of 54 1.15 | 13.80 | |-----------------------------|---------------------------------------|-------------------------|-----------------------------------|-----------------------|-----------| | 7B3235 | CAP SCREW | 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 930 Filed 10/07/22 Entered 10/07/22 09:24:46 Page 22 of 54

| 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:**

a. Time and Material Work - Ring Power will proceed wi h the work agreed upon at current labor and parts prices.

c. Unforeseen Problems or Additional Repairs. In the event that during the course of the Work, addi ional repair work is found to be necessary pursuant to Ring Power's examina ion 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 wi h 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 he Customer at current time and material prices.

7. APPLICABLE LAW - This Agreement shall be deemed to be governed by the laws of the State of Florida.

Br dgeport Boatworks 731 Seavew Ave Br dgeport, CT 06607 Un ted States (860) 536 9651

![](_page_23_Picture_5.jpeg)

B ge Board Rep acement 2022 **ID:** 6234

| Contact Vessel | | | | | |----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------|------------------------|---------------|---------------------| | L oyd Benard | Lady May D mens ons: 151 ' x 32 ' x 7 ' | | | | | capta n@yacht adymay.com | | | | | | 1 3057994799 | | Make: Feadsh p | | | | | We ght: 0 | | | | | 1. Bilge Board Replacement | | | | \$2,280.76 | | Comments: 1. Temp ate Exst ng Starboard Board 2. Beve a Edges 3. Cut out Ho es for ft po nts and beve edge | | | | | | Labor | | Rate | Qty | Total | | Subcontractor Labor BB Comments: 1. Temp ate Exst ng Starboard Board 2. Beve a Edges 3. Cut out Ho es for ft po nts and beve edges Lead T me 2 Weeks **Co or may d ffer s ght y from or g na Co or** | | \$2,193.04 F at Fee | 1 | \$2,193.04 N | | Charge | | Rate | Qty | Total | | Env ronmenta & 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 provde th s Est mate for repa r work on your vessel. | | | | | | Th s Budgetary Est mate s based upon our nspect on of your vessel, nformat on that you have provded to us, and our exper ence regard ng s m lar vessels and work. t s poss ble that defect ve parts or other ssues w th | | | | | | | | | | | | your vessel w ll be d scovered after our work has begun and, for these reasons, th s Est mate does not | | | | | | nclude add t onal parts or labor that may be requ red after the job has begun. We w ll not fy you of any | | | | | | such ssues f they should ar se. Tax, Envronental and Subcontractor charges may be add t onal f appl cable. | | | | | | The pr c ng set forth n th s Est mate s based on the assumpt ons, exclus ons and scope of work set forth | | | | | | here n, and s val d for fourteen (14) days from the date of the Est mate. | | | | | | Your accep ance of th s Est mate s subject to the terms and cond t ons at ached hereto as Exh b t A. | | | | | | A 50% depos t of the Est mate total s requ red at the t me of approval, w th the balance and any add t onal | | | | | | charges due upon complet on. | | | | |

| Should th s Est mate and Terms and Cond t ons meet w th your approval, k ndly s gn and return at your | |-------------------------------------------------------------------------------------------------------| | earl est conven ence. f you have any quest ons or concerns, please do not hes tate to contact us. |

| S ncerely, | | |-------------------------------------|-----------| | Br dgeport Boatworks Representat ve | 9/12/2022 | | | | | Customer S gnature: | | | Lloyd Bernard Pr nted Name: | | | 12 September 2027 Date: | |

#### Notice

Th s Est mate s not an nvo ce and does not represent the f nal amount due or the balance on th s Est mate. For quest ons or concerns, please call Br dgeport Boatworks at (860) 536 9651.

#### Exh b t A

Terms and Cond t ons

1. Appl cab I ty: These terms and cond t ons ("Terms") are the only terms wh ch govern the serv ces ("Serv ces") to be prov ded by Br dgeport Boatworks to the owner ("Owner") of the vessel(s) ("Vessel") I sted in the accompany ng est mate"). The Terms and Est mate are collect vely referred to here n as the "Agreement." These Terms shall preva I over any pr or agreements or d scuss ons between Br dgeport Boatworks and the Owner. Owner w II be deemed to have accepted these Terms upon Br dgeport Boatworks' commencement of performance of the Serv ces or Owner's return of the s gned Agreement, wh chever s earl er.

2. Compensat on: n cons derat on of the performance by Br dgeport Boatworks of the Serv ces, Owner agrees to pay Br dgeport Boatworks the fee set forth n the Est mate/ nvo ce (or the port on earned) upon rece pt of subm ss on of Br dgeport Boatworks' nvo ce or as otherw se set forth in the Agreement. n add t on, Owner shall re mburse Br dgeport Boatworks for reasonable expenses ncurred in performance of the Servces, nolud ng but not I m ted to travel expenses, storage charges, sh pp ng charges, and other reasonable expenses ncurred n Br dgeport Boatworks' performance of the Serv ces. Owner shall pay such re mbursable expenses upon rece pt follow ng Owner's rece pt of an nvo ce conta n ng such expenses. Any amounts due to Br dgeport Boatworks from Owner under th s Agreement shall, after a th rty (30) day grace per od, bear nterest from the due date at the max mum rate allowed by appl cable law.

3. Change Requests: Owner may request a change to any port on of the Serv ces at anyt me by subm tt ng such request n wr t ng to Br dgeport Boatworks ("Change Request"). Wth n a reasonable t me after rece pt of a Change Request from Owner, Br dgeport Boatworks shall evaluate the mpact of the Change Request and prov de Owner w th a wr tten s atement sett ng forth ts est mate of the cost of the change. W th n a reasonable t me after rece pt of a Change Request from Br dgeport Boatworks, Owner shall prov de a wr tten acceptance or reject on of the Change Request. Br dgeport Boatworks' fee for the Serv ces shall be adjusted to the extent of any ncrease in Servoes, at a f xed amount as agreed by the part es, or f the part es do not agree to a f xed amount, on a t me and

mater als (T&M) bas s at the rates set forth her n, or f no rates are set forth, at rates agreed by the part es. Br dgeport Boatworks shall not be requ red to proceed w th a change in serv ces absent agreement by the part es n wr t ng.

4. Warranty: Br dgeport Boatworks warrants that the Servces shall be performed us ng personnel of requ red sk ll, exper ence and qual f cat ons n a profess onal and workmanl ke manner. Other than as set forth here n, Br dgeport Boatworks makes no warrant es regard ng workmansh p or mater als, e ther express or mpl ed, nclud ng any mpl ed warranty or merchan ab l ty, f tness for a part cular purpose or seaworth ness.

5. Fees and Costs: Owner shall re mburse Br dgeport Boatworks for all costs ncurred n collect ng any late payments, nclud ng, w thout l m tat on, attorneys' fees. n add t on to all other remed es ava lable under th s Agreement or at law (wh ch Br dgeport Boatworks does not wa ve by the exerc se of any r ghts hereunder), Br dgeport Boatworks shall be ent led to suspend the del very of any goods or performance of any servces hereunder f the Owner fa ls to pay any amounts when due hereunder.

6. L ab l ty of Br dgeport Boatworks: Br dgeport Boatworks shall have no l ab l ty for any matters ar s ng out of or related to th s Agreement except to the extent caused by the sole negl gence of Br dgeport Boatworks or those for whom t s d rectly respons ble. n no event shall Br dgeport Boatworks' l ab l ty for any matters ar s ng out of or related to th s Agreement exceed the fee pa d to Br dgeport Boatworks under th s Agreement. No pr nc pal, partner, member, d rector, off cer, agent, servant, employee, or consultant of Br dgeport Boatworks shall have any personal l ab l ty relat ng to the subject matter of th s Agreement.

7. nsurance: Owner shall at all t mes ma n a n adequate and customary nsurance cover ng the Vessel for the durat on of the Servces, nclud ng wh le the Vessel s n the custody and/or control of Br dgeport Boatworks. Owner and Br dgeport Boatworks each hereby wa ve the r ent re r ght of recovery aga nst the other for njury, loss, or damage to the extent covered by nsurance proceeds rece ved by the damaged party. All pol c es requ red hereunder shall provde that the respect ve carr er(s) wa ves all r ghts of subrogat on w th respect to losses payable under such pol c es.

8. Term nat on: Br dgeport Boatworks shall have the r ght to term nate th s Agreement upon seven (7) days' wr tten not ce n the event that Owner s n mater al breach of ts obl gat ons hereunder. n the event the Agreement s term nated for any reason pr or to the complet on of the Servces, then, n add t on to the re mbursable expenses deta led here n, Owner shall pay to Br dgeport Boatworks the balance of the rema n ng fee as of the date of term nat on, represent ng payment for demob l zat on costs, opportun ty costs, and ant c pated lost prof t. Br dgeport Boatworks' exerc se of ts r ghts under th s sect on shall not n any way l m t or abr dge other remed es ava lable to t under the Agreement or appl cable law, nclud ng any l en r ghts w th respect to the Vessel.

9. Force Majeure: Br dgeport Boatworks shall not be l able or respons ble to the Owner, nor be deemed to have defaulted or breached th s Agreement, for any fa lure or delay n fulf ll ng or perform ng any term of th s Agreement when and to the extent such fa lure or delay s caused by or results from acts or c rcumstances beyond the reasonable control of Br dgeport Boatworks nclud ng, w thout

l m tat on, acts of God, flood, f re, earthquake, explos on, governmental act ons, war, terror st threats or acts, r ot, or other c vl unrest, publ c emergency, ep dem cs or pandem cs, lockouts, str kes or o her labor d spu es or res ra n s or delays affec ng carr ers or nab l y or delay n ob a n ng suppl es

# Case 22-50073 Doc 930 Filed 10/07/22 Entered 10/07/22 09:24:46 Page 27 of 54

othe labo d sputes, o est a nts o delays a ect ng ca e s o nab l ty o delay n ob a n ng suppl es of adequate or su table mater als, mater als or telecommun cat on breakdown or power outage.

10. General Provs ons:

a. Owner hereby grants Br dgeport Boatworks, ts agents and employees, perm ss on to operate the Vessel for the purpose of test ng and/or nspect on.

b. Owner shall remove all art cles of personal property, gear, or other appurtenances not necessary for the performance of the Servces from the Vessel pr or to del very of the Vessel to

Br dgeport Boatworks. Br dgeport Boatworks shall not be respons ble for damage to or loss of any such art cles of personal property, gear, or other appurtenances left aboard the Vessel, due to f re, theft, p lferage, or otherw se. Del very of the Vessel does not const tute a ba lment of any art cles of personal property, gear, or other appurtenances left on the Vessel wh ch are not necessary for the performance of the Servces.

c. Th s Agreement const tutes the ent re agreement between the part es hereto regard ng the subject matter hereof, and supersedes all pr or agreements, whether wr tten or oral.

d. No change, mod f cat on, or amendment shall be made to th s Agreement unless set forth n wr t ng and s gned by the part es hereto.

e. All express representat ons, warrant es, ndemn f cat ons, and l m ts of l ab l ty ncluded n th s Agreement w ll survve ts complet on or term nat on for any reason. f any provs on of th s Agreement shall be held nval d, llegal or unenforceable by a court of competent jur sd ct on, the val d ty, legal ty and enforceab l ty of the rema n ng provs ons shall n no way be affected or mpa red thereby. The rema n ng provs ons shall rema n n full force and effect, as f the unenforceable provs on had been deleted. The part es agree to replace any om tted provs on w th a val d provs on that comes as close as poss ble to the ntent of the om tted provs on. f. Th s Agreement shall be governed by and construed under the laws of the state n wh ch the Servces are performed, w thout regard to ts confl cts of laws pr nc ples.

g. Br dgeport Boatworks and Owner w ll f rst attempt to resolve d sputes or d sagreements through d scuss ons between the r respect ve representat ves, who shall meet upon the request of e ther party as soon as conven ently poss ble to attempt to resolve such d spute or d sagreement. f after meet ng, the representat ves determ ne that the d spute or d sagreement cannot be resolved on terms sat sfactory to both part es, the part es shall subm t the d spute or d sagreement to non b nd ng med at on. The med at on shall be conducted by a mutually agreeable mpart al med ator, or f the part es cannot so agree, a med ator des gnated by the Amer can Arb trat on Assoc at on ("AAA"). f a d spute has not been resolved n accordance w th the procedures set forth above, such d sputes shall be dec ded by arb trat on n accordance w th the appl cable AAA rules then n effect, unless the part es mutually agree otherw se. The award of the arb trator(s) shall be f nal and b nd ng upon the part es w thout the r ght of appeal to the courts. Judgment may be entered upon t n accordance w th appl cable law by any court havng jur sd ct on thereof.

#### **Notice**

Th s est mate s not an nvo ce and does not represent the f na amount due or the ba ance on th s est mate.

For quest ons or concerns, p ease ca Br dgeport Boatworks at (860) 536-9651.

Br dgeport Boatworks 731 Seavew Ave Br dgeport, CT 06607 Un ted States (860) 536 9651

![](_page_27_Picture_5.jpeg)

LADY MAY- BOW REPAINT ESTIMATE 2022 **ID:** 6235

L oyd Benard capta n@yacht adymay.com 1 3057994799

#### **Vessel**

Lady May D mens ons: 151 ' x 32 ' x 7 ' Make: Feadsh p We ght: 0

# Est mate Comments

Th s s the budgetary est mate for the yard per od for the 152' motor vesse LADY MAY.

Th s est mate s subject to the Nava Arch tect / Pre-Hau Eng neer ng Eva uat on, to determ ne f th s vesse can be safe y fted w th Br dgeport Boatworks Mar ne Trave ft.

Th s est mate does not nc ude CT Sa es Tax.

A depos t of \$4576.00 s requested to secure est mated abor.

# **1. Paint Correction on Bow of Vessel \$9,152.00**

**Comments:** Th s s the budgetary est mate for the yard per od for the 152' motor vesse LADY MAY. Th s est mate s subject to the Nava Arch tect / Pre-Hau Eng neer ng Eva uat on, to determ ne f th s vesse can be safe y fted wth Br dgeport Boatworks Mar ne Trave ft.

1. Th s est mate does not nc ude CT Sa es Tax. 2. Th s est mate does not nc ude man fts.

3. Th s est mate s based on vesse be ng out of the water.

| Labor | | Rate | Qty | Total | |-------|------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------|-----|--------------| | | Subcontractor Labor BB Comments: Prep, gr nd, f & fa r b ster repa r. App y h gh bu d, sand and app y 545. C ean and app y meta c top coat (TBD). | \$2,800.00 F at Fee | 1 | \$2,800.00 N | | | Subcontractor Labor BB Comments: Tent ng and Scaffo d ng Cost | \$5,000.00 F at Fee | 1 | \$5,000.00 N |

| Part | | Rate | Qty | | Total | |------|------------------------------|----------------------|-----|---|--------------| | | Est mated Parts BB | \$1,000.00 | | 1 | \$1,000.00 T | | | Charge | Rate | Qty | | Total | | | Env ronmenta & 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 provde th s Est mate for repa r work on your vessel.

Th s Budgetary Est mate s based upon our nspect on of your vessel, nformat on that you have provded to us, and

our exper ence regard ng s m lar vessels and work. t s poss ble that defect ve parts or other ssues w th

your vessel w II be d scovered after our work has begun and, for these reasons, th s Est mate does not nclude add t onal parts or labor that may be requ red after the job has begun. We w II not fy you of any such ssues f they should ar se. Tax, Envronental and Subcontractor charges may be add t onal f appl cable.

The pr c ng set forth n th s Est mate s based on the assumpt ons, exclus ons and scope of work set forth here n, and s val d for fourteen (14) days from the date of the Est mate.

Your accep ance of th s Est mate s subject to the terms and cond t ons at ached hereto as Exh b t A A depos t s requ red at the t me of approval, w th the balance and any add t onal charges due upon complet on. A payment schedule w II be prov ded by Br dgeport Boatworks, lay ng out the est mated expenses for the upcom ng months work. Th s w II allow the customer to budget/make payment on a monthly bas s and keep account n the pos t ve at all t mes.

Should th s Est mate and Terms and Cond t ons meet w th your approval, k ndly s gn and return at your earl est conven ence. f you have any quest ons or concerns, please do not hes tate to contact us.

| S ncerely, | | | |-------------------------------------|-------------------|-----------| | Br dgeport Boatworks Representat ve | | 9/12/2022 | | | | | | | | | | Customer S gnature: | | | | Pr nted Name: | Lloyd Bernard | | | Date: | | | | | 12 September 2022 | |

#### Notice

Th s Est mate s not an nvo ce and does not represent the f nal amount due or the balance on th s Est mate. For quest ons or concerns, please call Br dgeport Boatworks at (860) 536 9651.

#### Exh b t A

#### Terms and Cond t ons

1. Appl cab I ty. These terms and cond t ons ("Terms") are the only terms wh ch govern the serv ces ("Serv ces") to be prov ded by Br dgeport Boatworks to the owner ("Owner") of the vessel(s) ("Vessel") I sted in the accompany ng est mate"). The Terms and Est mate are collect vely referred to here n as the "Agreement." These Terms shall preva I over any pr or agreements or d scuss ons between Br dgeport Boatworks and the Owner. Owner w II be deemed to have accepted these Terms upon Br dgeport Boatworks' commencement of performance of the Serv ces or Owner's return of the s gned Agreement, wh chever s earl er.

2. Compensat on: n cons derat on of the performance by Br dgeport Boatworks of the Services, Owner agrees to pay Br dgeport Boatworks the fee set forth n the Est matel nvo ce (or the port on earned) upon rece pt of subm ss on of Br dgeport Boatworks' nvo ce or as otherw se set forth n the Agreement. n add t on, Owner shall re mburse Br dgeport Boatworks for reasonable expenses ncurred in performance of the Servces, nolud not I m ted to travel expenses, storage charges, sh pp ng charges, and other reasonable expenses ncurred n Br dgeport Boatworks' performance of

the Serv ces. Owner shall pay such re mbursable expenses upon rece pt follow ng Owner's rece pt of an nvo ce conta n ng such expenses. Any amounts due to Br dgeport Boatworks from Owner under th s Agreement shall, after a th rty (30) day grace per od, bear nterest from the due date at the maxmum rate allowed by appl cable law.

3. Change Requests: Owner may request a change to any port on of the Servces at any t me by subm tt ng such request n wr t ng to Br dgeport Boatworks ("Change Request"). Wth n a reasonable t me after rece pt of a Change Request from Owner, Br dgeport Boatworks shall evaluate the mpact of the Change Request and provde Owner w th a wr tten s atement sett ng forth ts est mate of the cost of the change. Wth n a reasonable t me after rece pt of a Change Request from Br dgeport Boatworks, Owner shall provde a wr tten acceptance or reject on of the Change Request. Br dgeport Boatworks' fee for the Servces shall be adjusted to the extent of any ncrease n Servces, at a f xed amount as agreed by the part es, or f the part es do not agree to a f xed amount, on a t me and mater als (T&M) bas s at the rates set forth her n, or f no rates are set forth, at rates agreed by the part es. Br dgeport Boatworks shall not be requ red to proceed w th a change n servces absent agreement by the part es n wr t ng.

# Case 22-50073 Doc 930 Filed 10/07/22 Entered 10/07/22 09:24:46 Page 31 of 54

องอาหารเมื่อง ออกจาก อาย เทพลิเลน บาลความครามการ และ บอกทุกครั้งที่ พ.ศ. 26 พ.ต., แ add t on to the re mbursable expenses deta led here n, Owner shall pay to Br dgeport Boatworks the balance of the rema n ng fee as of the date of term nat on, represent ng payment for demob I zat on costs, opportun ty costs, and ant c pated lost prof t. Br dgeport Boatworks' exerc se of ts r ghts under th s sect on shall not n anywayl m t or abr dge other remed es ava lable to t under the Agreement or applicable law, ncluding anyl en r ghts w th respect to the Vessel.

9. Force Majeure: Br dgeport Boatworks shall not be I able or respons ble to the Owner, nor be deemed to have defaulted or breached th s Agreement, for any fa lure or delay n fulf II ng or perform ng any term of th s Agreement when and to the extent such fa lure or delay s caused by or results from acts or c rcumstances beyond the reasonable control of Br dgeport Boatworks nclud ng, w thout l m tat on, acts of God, flood, f re, earthquake, explos on, governmental act ons, war, terror st threats or acts, r ot, or other c v l unrest, publ c emergency, ep dem cs or pandem cs, lockouts, str kes or other labor d sputes, or restra nts or delays affect ng carr ers or nab I ty or delay n ob a n ng suppl es of adequate or su table mater als or telecommun cat on breakdown or power outage.

10. General Prov s ons:

a. Owner hereby grants Br dgeport Boatworks, ts agents and employees, perm ss on to operate the Vessel for the purpose of test ng and/or nspect on.

b. Owner shall remove all art cles of personal property, gear, or other appurtenances not necessary for the performance of the Serv ces from the Vessel pr or to del very of the Vessel to Br dgeport Boatworks. Br dgeport Boatworks shall not be respons ble for damage to or loss of any such art cles of personal property, gear, or other appurtenances left aboard the Vessel, due to f re, theft, p Iferage, or otherw se. Del very of the Vessel does not const tute a ba Iment of any art cles of personal property, gear, or other appurtenances left on the Vessel wh ch are not necessary for the performance of the Serv ces.

c. Th s Agreement const tutes the ent re agreement between the part es hereto regard ng the subject matter hereof, and supersedes all pr or agreements, whether wr tten or oral. d. No change, mod f cat on, or amendment shall be made to th s Agreement unless set forth n

wr t ng and s gned by the part es hereto.

e. All express representations, warrant es, ndemn f cat ons, and I m ts of I ab I ty ncluded in th s Agreement w II surv ve ts complet on or term nat on for any reason. f any provs on of th s Agreement shall be held nval d, Ilegal or unenforceable by a court of competent jur sd ot on, the val d ty, legal ty and enforceab I ty of the rema n ng prov s ons shall n no way be affected or mpa red thereby. The rema n ng provs ons shall rema n n full force and effect, as f the unenforceable prov s on had been deleted. The part es agree to replace any om tted provs on w th a val d provs on that comes as close as poss ble to the ntent of the om tted provs on. f. Th s Agreement shall be governed by and construed under the laws of the state n wh ch the Services are performed, w thout regard to ts confl cts of laws pr nc ples.

g. Br dgeport Boatworks and Owner w II f rst attempt to resolve d sputes or d sagreements through d scuss ons between the r respect ve representat ves, who shall meet upon the request of e ther party as soon as conven ently poss ble to attempt to resolve such d spute or d sagreement. f after meet ng, the representat ves determ ne that the d spute or d sagreement

cannot be resolved on terms sat sfactory to both part es shall subm t the d spute or d sagreement to non b nd nq med at on. The med at on shall be conducted by a mutually agreeable mpart al med ator, or f the part es cannot so agree, a med ator des gnated by the

# Case 22-50073 Doc 930 Filed 10/07/22 Entered 10/07/22 09:24:46 Page 32 of 54

Amer can Arb trat on Assoc at on ("AAA ). a d spute has not been resolved n accordance w th the procedures set forth above, such d sputes shall be dec ded by arb trat on n accordance w th the appl cable AAA rules then n effect, unless the part es mutually agree otherw se. The award of the arb trator(s) shall be f nal and b nd ng upon the part es w thout the r ght of appeal to the courts. Judgment may be entered upon t n accordance w th appl cable law by any court havng jur sd ct on thereof.

#### **Notice**

Th s est mate s not an nvo ce and does not represent the f na amount due or the ba ance on th s est mate.

For quest ons or concerns, p ease ca Br dgeport Boatworks at (860) 536-9651.

Br dgeport Boatworks 731 Seav ew Ave Br dgeport, CT 06607 Un ted States (860) 536-9651

![](_page_32_Picture_2.jpeg)

Estimate

LADY MAY- AUL OUT 2022

ID: 6240

| Contact | Vessel | |--------------------------|--------------------------| | L oyd Benard | Lady May | | captain@yacht adymay.com | Dimensions: 151 x 32 x 7 | | 1 3057994799 | Make: eadship | | | 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

## \$13,117.52

| Labor | | Rate | Qty | Total | |-------|---------------------------|--------------------|--------|--------------| | | • | S55.00 Per oot | 151 ft | \$8.305.00 N | | | B ocking \$7 Per oot BB | S7.00 Per oot flat | 151 | \$1,057.00 N | | | Diver ee BB | S1.600.00 at ee | 1 | \$1.600.00 N | | | Nava Architect BB | \$1,500.00 at ee | - | \$1.500.00 N |

| Part | | | Rate | Qty | Total | |-----------------------------------------------|--------------------|---------------------|------------------------|-----|---------------------| | | B ocking Materia s | | | 151 | \$151.00 N | | Charge Environmenta & Safety ee BB D | | | Rate | Qty | Total | | | | | 4% (Parts and Labor) | ー | \$504.52 N | | Labor \$12,462.00 | Parts \$151.00 | Charges \$504-52 | Subtota \$13,117.52 | Tax | Tota \$13,117.52 |

#### Terms and Conditions

We are p eased to prov de th s Est mate for repa r work on your vesse

Th s Budgetary Est mate s based upon our nspect on of your vesse , nformat on that you have prov ded to us, and our exper ence regard ng s m ar vesse s and work t s poss b e that defect ve parts or other ssues w th your vesse w be d scovered after our work has begun and, for these reasons, th s Est mate does not nc ude add t ona parts or abor that may be requ red after the job has begun We w not fy you of any such ssues f they shou d ar se Tax, Env ronenta and Subcontractor charges may be add t ona f app cab e

The pr c ng set forth n th s Est mate s based on the assumpt ons, exc us ons and scope of work set forth here n, and s va d for fourteen (14) days from the date of the Est mate

Your acceptance of th s Est mate s subject to the terms and cond t ons attached hereto as Exh b t A A depos t s requ red at the t me of approva , w th the ba ance and any add t ona charges due upon comp et on A payment schedu e w be prov ded by Br dgeport Boatworks, ay ng out the est mated expenses for the upcom ng months work Th s w a ow the customer to budget/make payment on a month y bas s and keep account n the positive at a t mes

Shou d th s Est mate and Terms and Cond t ons meet w th your approva , k nd y s gn and return at your ear est conven ence f you have any quest ons or concerns, p ease do not hes tate to contact us

| S ncere y, | | | |-------------------------------------|-------------------|-----------| | Br dgeport Boatworks Representat ve | | 9/12/2022 | | | | | | Customer S gnature: | | | | Pr nted Name: _ | Lloyd Bernard | | | Date: | 12 September 2022 | |

#### Not ce

Th s Est mate s not an nvo ce and does not represent the fina amount due or the ba ance on th s Est mate For quest ons or concerns, p ease ca Br dgeport Boatworks at (860) 536-9651

#### Exh b t A

Terms and Cond t ons

1 App cab ty: These terms and cond t ons ( Terms ) are the on y terms wh ch govern the serv ces ( Serv ces ) to be prov ded by Br dgeport Boatworks to the owner ( Owner ) of the vesse (s) ( Vesse ) sted n the accompany ng est mate ) The Terms and Est mate are co ect ve y referred to here n as the Agreement These Terms sha preva over any pr or agreements or d scuss ons between Br dgeport Boatworks and the Owner w be deemed to have accepted these Terms upon Br dgeport Boatworks commencement of performance of the Serv ces or Owner s return of the s gned Agreement, wh chever s ear er

2 Compensat on: n cons derat on of the performance by Br dgeport Boatworks of the Serv ces, Owner agrees to pay Br dgeport Boatworks the fee set forth n the Est mate/ nvo ce (or the port on earned) upon rece pt of subm ss on of Br dgeport Boatworks nvo ce or as otherw se set forth n the Agreement n add t on, Owner sha re mburse Br dgeport Boatworks for reasonab e expenses ncurred n performance of the Serv ces, nc ud ng but not m ted to trave expenses, storage charges, sh pp ng charges, and other reasonab e expenses ncurred n Br dgeport Boatworks performance of the Serv ces Owner sha pay such re mbursab e expenses upon rece pt fo ow ng Owner s rece pt of an nvo ce conta n ng such expenses Any amounts due to Br dgeport Boatworks from Owner under th s Agreement sha , after a th rty (30) day grace per od, bear nterest from the due date at the max mum rate a owed by app cab e aw

3 Change Requests: Owner may request a change to any port on of the Serv ces at any t me by subm tt ng such request n wr t ng to Br dgeport Boatworks ( Change Request ) W th n a reasonab e t me after rece pt of a Change Request from Owner, Br dgeport Boatworks sha eva uate the mpact of the Change Request and prov de Owner w th a wr tten statement sett ng forth ts est mate of the cost of the change W th n a reasonab e t me after rece pt of a Change Request from Br dgeport Boatworks, Owner sha prov de a wr tten acceptance or reject on of the Change Request Br dgeport Boatworks fee for the Serv ces sha be adjusted to the extent of any ncrease n Serv ces, at a fixed amount as agreed by the part es, or f the part es do not agree to a fixed amount, on a t me and mater a s (T&M) bas s at the rates set forth her n, or f no rates are set forth, at rates agreed by the part es Br dgeport Boatworks sha not be requ red to proceed w th a change n serv ces absent agreement by the part es n wr t ng

4 Warranty: Br dgeport Boatworks warrants that the Serv ces sha be performed us ng personne of requ red sk , exper ence and qua ficat ons n a profess ona and workman ke manner Other than as set forth here n, Br dgeport Boatworks makes no warrant es regard ng workmansh p or mater a s, e ther express or mp ed, nc ud ng any mp ed warranty or merchantab ty, fitness for a part cu ar purpose or seaworth ness

5 Fees and Costs: Owner sha re mburse Br dgeport Boatworks for a costs ncurred n co ect ng any ate payments, nc ud ng, w thout m tat on, attorneys fees n add t on to a other remed es ava ab e under th s Agreement or at aw (wh ch Br dgeport Boatworks does not wa ve by the exerc se of any r ghts hereunder), Br dgeport Boatworks sha be ent t ed to suspend the de very of any goods or performance of any serv ces hereunder f the Owner fa s to pay any amounts when due hereunder

6 L ab ty of Br dgeport Boatworks: Br dgeport Boatworks sha have no ab ty for any matters ar s ng out of or re ated to th s Agreement except to the extent caused by the so e neg gence of Br dgeport Boatworks or those for whom t s d rect y respons b e n no event sha Br dgeport Boatworks ab ty for any matters ar s ng out of or re ated to th s Agreement exceed the fee pa d to Br dgeport Boatworks under th s Agreement No pr nc pa , partner, member, d rector, officer, agent, servant, emp oyee, or consu tant of Br dgeport Boatworks sha have any persona ab ty re at ng to the subject matter of th s Agreement

7 nsurance: Owner sha at a t mes ma nta n adequate and customary nsurance cover ng the Vesse for the durat on of the Serv ces, nc ud ng wh e the Vesse s n the custody and/or contro of Br dgeport Boatworks Owner and Br dgeport Boatworks each hereby wa ve the r ent re r ght of recovery aga nst the other for njury, oss, or damage to the extent covered by nsurance proceeds rece ved by the damaged party A po c es requ red hereunder sha prov de that the respect ve carr er(s) wa ves a r ghts of subrogat on w th respect to osses payab e under such po c es

8 Term nat on: Br dgeport Boatworks sha have the r ght to term nate th s Agreement upon seven (7) days wr tten not ce n the event that Owner s n mater a breach of ts ob gat ons hereunder n the event the Agreement s term nated for any reason pr or to the comp et on of the Serv ces, then, n add t on to the re mbursab e expenses deta ed here n, Owner sha pay to Br dgeport Boatworks the ba ance of the rema n ng fee as of the date of term nat on, represent ng payment for demob zat on costs, opportun ty costs, and ant c pated ost profit Br dgeport Boatworks exerc se of ts r ghts under th s sect on sha not n any way m t or abr dge other remed es ava ab e to t under the Agreement or app cab e aw, nc ud ng any en r ghts w th respect to the Vesse

9 Force Majeure: Br dgeport Boatworks sha not be ab e or respons b e to the Owner, nor be deemed to have defau ted or breached th s Agreement, for any fa ure or de ay n fu fi ng or perform ng any term of th s Agreement when and to the extent such fa ure or de ay s caused by or resu ts from acts or c rcumstances beyond the reasonab e contro of Br dgeport Boatworks nc ud ng, w thout m tat on, acts of God, flood, fire, earthquake, exp os on, governmenta act ons, war, terror st threats or acts, r ot, or other c v unrest, pub c emergency, ep dem cs or pandem cs, ockouts, str kes or other abor d sputes, or restra nts or de ays affect ng carr ers or nab ty or de ay n obta n ng supp es of adequate or su tab e mater a s, mater a s or te ecommun cat on breakdown or power outage

10 Genera Prov s ons:

a Owner hereby grants Br dgeport Boatworks, ts agents and emp oyees, perm ss on to operate the Vesse for the purpose of test ng and/or nspect on

b Owner sha remove a art c es of persona property, gear, or other appurtenances not necessary for the performance of the Serv ces from the Vesse pr or to de very of the Vesse to Br dgeport Boatworks Br dgeport Boatworks sha not be respons b e for damage to or oss of any such art c es of persona property, gear, or other appurtenances eft aboard the Vesse , due to fire, theft, p ferage, or otherw se De very of the Vesse does not const tute a ba ment of any art c es of persona property, gear, or other appurtenances eft on the Vesse wh ch are not necessary for the performance of the Serv ces

c Th s Agreement const tutes the ent re agreement between the part es hereto regard ng the subject matter hereof, and supersedes a pr or agreements, whether wr tten or ora d No change, mod ficat on, or amendment sha be made to th s Agreement un ess set forth n wr t ng and s gned by the part es hereto

e A express representat ons, warrant es, ndemn ficat ons, and m ts of ab ty nc uded n th s Agreement w surv ve ts comp et on or term nat on for any reason f any prov s on of th s Agreement sha be he d nva d, ega or unenforceab e by a court of competent jur sd ct on, the va d ty, ega ty and enforceab ty of the rema n ng prov s ons sha n no way be affected or mpa red thereby The rema n ng prov s ons sha rema n n fu force and effect, as f the unenforceab e prov s on had been de eted The part es agree to rep ace any om tted prov s on w th a va d prov s on that comes as c ose as poss b e to the ntent of the om tted prov s on f Th s Agreement sha be governed by and construed under the aws of the state n wh ch the Serv ces are performed, w thout regard to ts confl cts of aws pr nc p es g Br dgeport Boatworks and Owner w first attempt to reso ve d sputes or d sagreements through d scuss ons between the r respect ve representat ves, who sha meet upon the request of e ther party as soon as conven ent y poss b e to attempt to reso ve such d spute or d sagreement f after meet ng, the representat ves determ ne that the d spute or d sagreement cannot be reso ved on terms sat sfactory to both part es, the part es sha subm t the d spute or d sagreement to non-b nd ng med at on The med at on sha be conducted by a mutua y agreeab e mpart a med ator, or f the part es cannot so agree, a med ator des gnated by the Amer can Arb trat on Assoc at on ( AAA ) f a d spute has not been reso ved n accordance w th the procedures set forth above, such d sputes sha be dec ded by arb trat on n accordance w th the app cab e AAA ru es then n effect, un ess the part es mutua y agree otherw se The award of the arb trator(s) sha be fina and b nd ng upon the part es w thout the r ght of appea to the courts Judgment may be entered upon t n accordance w th app cab e aw by any court hav ng jur sd ct on 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.

Br dgeport Boatworks 731 Seav ew Ave Br dgeport, CT 06607 Un ted States (860) 536-9651

![](_page_37_Picture_2.jpeg)

# Estimate

LADY MAY - Engine Service Support

ID:ID: 6279

#### Co actContact

#### VesselVessel

L oyd Benard captain@yacht adymay.com 1 3057994799

Lady May Dimensions: 151 x 32 x 7 Make: eadship 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.

# Eng ne Se vic S ort Engine Service Support\$264,576. 0 \$264,576.00

C n s: Comments: 1. Bridgeport Boatworks estimates 14 days to comp ete the primary remova of interferences to support the OEM Caterpi ar Technicians to engage in work. Bridgeport Boatworks estimates 14 days to comp ete the re-insta ation of a components removed back to design specification. The tota number of Days dry docked wi increase once OEM Estimate is factored in.

2. Bridgeport Boatworks expects the work scope to be as fo ows: Protect work area and pathways to work area. Remove and reinsta exhaust pipe, shie ding and insu ation, framework around engine and piping in bi ge area. A components wi be documented and stowed outside of the vesse in abe ed containers unti the OEM service is comp ete. Once c ear, Move engine forward to disconnect and remove gearbox and coup ing. Assist with removing parts from damaged engine. Assist OEM if crankshaft needs to be removed to repair damaged components. nventory and c ean a parts/interferences to be reinsta ed. Re-connect gearbox and coup ing. nsta a components back to engineer specifications. C ean area of a debris. A ign vesse drive train with appropriate too ing and specifications with trained experts, record a data. Observe and report data compi ed from dynamic testing at a RPM ranges. Prove repairs comp ete.

3. Subcontractor abor in this estimate does not inc ude any OEM abor or parts. This Estimate is the support services surrounding the Caterpi ar OEM Expert Service.

4. Custom components fabricated for the remova of any machinery space may have to be assemb ed in p ace and disassemb ed to remove out of the machinery space. Regard ess, any custom too ing wi be provided back to the c ient for future use.

5. Bridgeport Boatworks wi compi e data during testing of repairs using measured data surrounding the machinery(Exhaust Leaks, Oi Pressure, Noise Leve , Vibration). n the un ike y event that there is a finding not up to specification, Bridgeport Boatworks wi take the appropriate steps to remediate the fau t back to a satisfactory range.

| LLabor | | | | RateRate | QtQty | alTotal | |--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|------------------------------------------| | Subcontractor Labor BB C Comments: Budgetary Estimate is proposed as a e s: at Rate fee for the work scope projected to take 14 days eading up to OEM work, with an additiona 14 days after OEM is comp eted. Whi e performing the scope of work, if emergent repairs/parts rep acement are needed, a supp ementa work order estimate wi be provided for approva and imp ementation. | | \$126,000.00 at ee | 1 | \$126,000.00 N | | | | | or | ornb ower, warranty on insta ation and a ignment is thirty days from the time of verification. | | | | | | P tPart | | | | R eRate | tQty | alTotal | | | Estimated Parts BB C e s: 3. A ignment | Comments: 1. Engine mounts- x4 2. nsu ation, Custom made, to protect inside shie ding 4. Protection of azarette, deck, surrounding space. 5. Misce aneous, paint, hardware, consumab es. | | \$128,400.00 | 1 | \$128,400.00 T | | C geCharge | | | | tRate | Q yQty | alTotal | | Environmenta & Safety ee BB | | 4% (Parts and Labor) | 1 | \$10,176.00 N | | | | | LaboLabor \$126 000 \$126,000.00 | artsParts \$128 4 \$128,400.00 0.00 | ChargCharges \$10 176\$10,176.00 | Su t tSubtota \$264,576.00 4,576. 0 | axTax | TTota \$272 72 \$272,729.40 .40 | | | Term Terms and Conditions a C | ndi i We are p eased to prov de th s Est mate for repa r work on your vesse such ssues f they shou d ar se Tax, Env ronenta and Subcontractor charges may be add t ona f app cab e | | Th s Budgetary Est mate s based upon our nspect on of your vesse , nformat on that you have prov ded to us, and our exper ence regard ng s m ar vesse s and work t s poss b e that defect ve parts or other ssues w th your vesse w be d scovered after our work has begun and, for these reasons, th s Est mate does not nc ude add t ona parts or abor that may be requ red after the job has begun We w not fy you of any | | |

The pr c ng set forth n th s Est mate s based on the assumpt ons, exc us ons and scope of work set forth here n, and s va d for fourteen (14) days from the date of the Est mate

positive at a t mes

Shou d th s Est mate and Terms and Cond t ons meet w th your approva , k nd y s gn and return at your ear est conven ence f you have any quest ons or concerns, p ease do not hes tate to contact us

| S ncere y, | | | |-------------------------------------|-------------------|--| | Br dgeport Boatworks Representat ve | 9/12/2022 | | | Customer S gnature: | | | | Pr nted Name: | Lloyd Bernard | | | Date: | 12 September 2022 | |

#### Not ce

Th s Est mate s not an nvo ce and does not represent the fina amount due or the ba ance on th s Est mate For quest ons or concerns, p ease ca Br dgeport Boatworks at (860) 536-9651

#### Exh b t A

Terms and Cond t ons

1 App cab ty: These terms and cond t ons ( Terms ) are the on y terms wh ch govern the serv ces ( Serv ces ) to be prov ded by Br dgeport Boatworks to the owner ( Owner ) of the vesse (s) ( Vesse ) sted in the accompany ng est mate ) The Terms and Est mate are co ect ve y referred to here n as the Agreement These Terms sha preva over any pr or agreements or d scuss ons between Br dgeport Boatworks and the Owner w be deemed to have accepted these Terms upon Br dgeport Boatworks commencement of performance of the Serv ces or Owner s return of the s gned Agreement, wh chever s ear er

2 Compensat on: n cons derat on of the performance by Br dgeport Boatworks of the Serv ces, Owner agrees to pay Br dgeport Boatworks the fee set forth n the Est mate/ nvo ce (or the port on earned) upon rece pt of subm ss on of Br dgeport Boatworks nvo ce or as otherw se set forth n the Agreement n add t on, Owner sha re mburse Br dgeport Boatworks for reasonab e expenses ncurred in performance of the Serv ces, nc ud ng but not m ted to trave expenses, storage charges, sh pp ng charges, and other reasonab e expenses ncurred n Br dgeport Boatworks performance of the Serv ces Owner sha pay such re mbursab e expenses upon rece pt fo ow ng Owner s rece pt of an nvo ce conta n ng such expenses Any amounts due to Br dgeport Boatworks from Owner under th s Agreement sha , after a th rty (30) day grace per od, bear nterest from the due date at the max mum rate a owed by app cab e aw

ba ance of the rema n ng fee as of the date of term nat on, represent ng payment for demob zat on costs, opportun ty costs, and ant c pated ost profit Br dgeport Boatworks exerc se of ts r ghts under th s sect on sha not n any way m t or abr dge other remed es ava ab e to t under the Agreement or app cab e aw, nc ud ng any en r ghts w th respect to the Vesse

10 Genera Prov s ons:

a Owner hereby grants Br dgeport Boatworks, ts agents and emp oyees, perm ss on to operate the Vesse for the purpose of test ng and/or nspect on

cannot be reso ved on terms sat sfactory to both part es, the part es sha subm t the d spute or d sagreement to non-b nd ng med at on The med at on sha be conducted by a mutua y agreeab e mpart a med ator, or f the part es cannot so agree, a med ator des gnated by the Amer can Arb trat on Assoc at on ( AAA ) f a d spute has not been reso ved n accordance w th the procedures set forth above, such d sputes sha be dec ded by arb trat on n accordance w th the app cab e AAA ru es then n effect, un ess the part es mutua y agree otherw se The award of the arb trator(s) sha be fina and b nd ng upon the part es w thout the r ght of appea to the courts Judgment may be entered upon t n accordance w th app cab e aw by any court hav ng jur sd ct on 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.

Br dgeport Boatworks 731 Seav ew Ave Br dgeport, CT 06607 Un ted States (860) 536-9651

![](_page_43_Picture_2.jpeg)

imate

Lady May -DA LY YARD COSTS 2022

ID: 6079

\$456.00

\$124.80

#### Contact

Vessel

#### Lədy Məy

L oyd Benard captain@yacht adymay.com 1 3057994799

Dimensions: 151 x 32 x 7 Make: eadship 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

| Labor | | Rate | Qty | Total | |-------|---------------------|--------------|-----|------------| | | · Summer Storage BB | \$3.00 at ee | 152 | \$456.00 T |

#### 2. Daily Shore Power Electric

Comments: Dai y 480V / 100amp / 3 Phase Shore Power

| Labor | Rate | Qty | Total | |--------------------------------------|----------------------|-----|------------| | Summer E ectric BB | \$120.00 at ee | 1 | \$120.00 N | | Charge | Rate | Qty | Total | | Environmenta & Safety ee BB 0 | 4% (Parts and Labor) | 1 | \$4.80 N | | 3. Project Management- 10 Hours/week | | | \$1,352.00 | | Labor | Rate | Qty | Total |

Mo o Est mate Case 22-50073 Doc 930 Filed 10/07/22 Entered 10/07/22 09:24:46 Page 45 of §½ (2 56 M

| | Project Management BB | S130.00 Per our | 10 | \$1,300.00 N | |-------|---------------------------------------------------------------------------------------------------------|----------------------|-----|--------------| | | Charge | Rate | Qty | Total | | 0 | Environmenta & Safety ee BB | 4% (Parts and Labor) | 1 | \$52.00 N | | | 4. Cooling Tower Rental (Daily) | | | \$135.20 | | | Comments: Dai y Renta of Cooing Tower. Does not inc ude hook up & disconnect which is T&M at \$120/hr. | | | | | Labor | | Rate | Qty | Total | | | Renta Equipments BB | S130.00 at ee | 1 | \$130.00 T |

| Charge | | Rate | Qty | Total | |--------|-------------------------------|----------------------|-----|----------| | | • Environmenta & Safety ee BB | 4% (Parts and Labor) | | \$5.20 N |

# 5. Crane Operator Hourly

| Labor | | Rate | Qty | Total | | |--------------------------------|--|----------------------|-----|-----------|--| | Crane Charge BB g | | \$375.00 Per our | 1 | | | | Charge | | Rate | Qty | Total | | | Environmenta & Safety ee BB | | 4% (Parts and Labor) | ー | \$15.00 N | | | 6. Forklift Operator Hourly | | | | \$104.00 | |

# 6. Forklift Operator Hourly

#### Comments: our y ork Lift Charge

| Labor | Rate | Qty | Total | |-----------------------|----------------------|-----|------------| | · Equipment Charge BB | \$100.00 Per our | | \$100.00 N | | Charge | Rate | Qty | Total | | • | 4% (Parts and Labor) | ー | \$4.00 N |

### 7. Waste Water Containment & Disposal

\$8,284.64

\$390.00

Comments: Supp y Vesse with 1,000 ga on ho ding tank whi e on the hard schedu e 3 pump outs per week.

| Labor | | Rate | Qty | Total | |-------|------------------------------------------------------------------------------------------------------------------|------------------|-----|--------------| | | Subcontractor Labor BB Comments: Drop Off & Pick Up of 1000 ga on waste tank. | S501.00 at ee | | \$501.00 N | | 0 | Renta Equipments BB Comments: 1,000 ga on waste tank renta (30 days). | \$625.00 at ee | | S625.00 T | | | Subcontractor Labor BB Comments: Pump out and disposa of 1,000 ga on tank 3x per week, Month y Charge. | \$6,500.00 at ee | | \$6,500.00 N |

Mo o Est mare Case 22-50073 Doc 930 Filed 10/07/22 09:24:46 Page 46 of 5/8/2 12 6 PM

| 0 | Yard Labor BB Comments: ook vesse up to waste ho ding tank via vesse s discharge thru hu fitting. | \$85.00 Per our | ব | |---|---------------------------------------------------------------------------------------------------------------|----------------------|-----| | | Charge | Rate | Qtv | | 0 | Environmenta & Safety ee BB | 4% (Parts and Labor) | |

#### 8. 21' Tender Inside Storage BB

Comments: Dai y inside storage of 21 R B.

| Labor | Rate | Qty | Total | |--------------------------------|----------------------|-----|------------| | Summer Storage BB | \$4.00 at ee | 21 | \$84.00 T | | Charge | Rate | Qty | Total | | Environmenta & Safety ee BB | 4% (Parts and Labor) | 1 | \$3.36 N | | 9. Haul & Launch Tender | | | \$780.00 | | Labor | Rate | Qty | Total | | Crane Charge BB 9 | \$375.00 Per our | 2 | \$750.00 N | | Charge | Rate | Qty | Total | | Environmenta & Safety ee BB | 4% (Parts and Labor) | 1 | \$30.00 N |

| Parts Subtota Tax Labor Charges \$433.00 \$11,714.00 \$11,796.25 \$11.281.00 \$0.00 | |----------------------------------------------------------------------------------------------------------------| |----------------------------------------------------------------------------------------------------------------|

#### Terms and Conditions

We are p eased to prov de th s Est mate for repa r work on your vesse

The pr c ng set forth n th s Est mate s based on the assumpt ons, exc us ons and scope of work set forth here n, and s va d for fourteen (14) days from the date of the Est mate

Total

\$318.64 N

\$87.36

months work Th s w a ow the customer to budget/make payment on a month y bas s and keep account n the positive at a t mes

Shou d th s Est mate and Terms and Cond t ons meet w th your approva , k nd y s gn and return at your ear est conven ence f you have any quest ons or concerns, p ease do not hes tate to contact us

| S ncere y, | | | |-------------------------------------|-------------------|-----------| | Br dgeport Boatworks Representat ve | | 9/12/2022 | | | | | | Customer S gnature: | | | | Pr nted Name :_ | Lloyd Bernard | | | Date: | 12 September 2022 | |

#### Not ce

Th s Est mate s not an nvo ce and does not represent the fina amount due or the ba ance on th s Est mate For quest ons or concerns, p ease ca Br dgeport Boatworks at (860) 536-9651

#### Exh b t A

Terms and Cond t ons

2 Compensat on: n cons derat on of the performance by Br dgeport Boatworks of the Serv ces, Owner agrees to pay Br dgeport Boatworks the fee set forth n the Est mate/ nvo ce (or the port on earned) upon rece pt of subm ss on of Br dgeport Boatworks nvo ce or as otherw se set forth n the Agreement n add t on, Owner sha re mburse Br dgeport Boatworks for reasonab e expenses ncurred in performance of the Serv ces, nc ud ng but not m ted to trave expenses, storage charges, sh pp ng charges, and other reasonab e expenses ncurred n Br dgeport Boatworks performance of the Serv ces Owner sha pay such re mbursab e expenses upon rece pt fo ow ng Owner s rece pt of an nvo ce conta n ng such expenses Any amounts due to Br dgeport Boatworks from Owner under th s Agreement sha , after a th rty (30) day grace per od, bear nterest from the due date at the max mum rate a owed by app cab e aw

add t on to the re mbursab e expenses deta ed here n, Owner sha pay to Br dgeport Boatworks the ba ance of the rema n ng fee as of the date of term nat on, represent ng payment for demob zat on costs, opportun ty costs, and ant c pated ost profit Br dgeport Boatworks exerc se of ts r ghts under th s sect on sha not n any way m t or abr dge other remed es ava ab e to t under the Agreement or app cab e aw, nc ud ng any en r ghts w th respect to the Vesse

10 Genera Prov s ons:

a Owner hereby grants Br dgeport Boatworks, ts agents and emp oyees, perm ss on to operate the Vesse for the purpose of test ng and/or nspect on

d sagreement f after meet ng, the representat ves determ ne that the d spute or d sagreement cannot be reso ved on terms sat sfactory to both part es, the part es sha subm t the d spute or d sagreement to non-b nd ng med at on The med at on sha be conducted by a mutua y agreeab e mpart a med ator, or f the part es cannot so agree, a med ator des gnated by the Amer can Arb trat on Assoc at on ( AAA ) f a d spute has not been reso ved n accordance w th the procedures set forth above, such d sputes sha be dec ded by arb trat on n accordance w th the app cab e AAA ru es then n effect, un ess the part es mutua y agree otherw se The award of the arb trator(s) sha be fina and b nd ng upon the part es w thout the r ght of appea to the courts Judgment may be entered upon t n accordance w th app cab e aw by any court hav ng jur sd ct on 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.

# **EXHIBIT B**

# **UNITED STATES BANKRUPTCY COURT DISTRICT OF CONNECTICUT BRIDGEPORT DIVISION**

| In re: | Chapter 11 | |--------------------------------------------------|--------------------------| | HO WAN KWOK, | Case No: 22-50073 (JAM) | | Debtor. | | | | | | PACIFIC ALLIANCE ASIA OPPORTUNITY FUND, L.P., | Re: ECF Nos. 299 and 728 | | Movant, | | | v. | | | HO WAN KWOK, | | | Respondent. | |

# **ORDER COMPELLING PARTIAL DISBURSEMENT OF ESCROW FUNDS**

Upon the stipulation of the debtor, Ho Wan Kwok, HK International Funds Investments (USA) Limited, LLC ("HK USA"), Pacific Alliance Asia Opportunity Fund, L.P., the Official Committee of Unsecured Creditors (the "Committee"), the creditors, Rui Ma and Zheng Wu, and the trustee appointed in this case, Luc A. Despins (the "Trustee," and, collectively, the "Stipulating Parties"), to the entry of the proposed Order Granting HK International Funds Investments (USA) Limited, LLC's Motion For Order Establishing Repair Reserve for The Lady May ("Repair Reserve Order"), and to the entry of this Order, and this Court having entered the Repair Reserve Order, it is hereby:

**ORDERED**, that as soon as reasonably practical after this Order becomes a final, nonappealable order, HK USA shall serve upon the Escrow Agent, U.S. Bank National Association (the "Escrow Agent"), in accordance with paragraph 4(ii) of the Escrow Agreement dated as of

April 28, 2022 (the "Escrow Agreement"), by and between HK USA, the Committee and the Escrow Agent, the required certificate including a copy of this Order, and that within seven (7) days thereafter the Escrow Agent shall transfer and deliver Four Million (\$4,000,000) of the Escrow Funds (as that term is defined in the Escrow Agreement) to the Trustee in accordance with the instructions appended hereto as **Exhibit 1**; and it is further

**ORDERED**, that in all other respects the Escrow Agreement and that certain Stipulated Order Compelling HK International Funds Investments (USA) Limited, LLC to Transport and Deliver that Certain Yacht, The "Lady May" entered by this Court on April 29, 2022 [ECF No. 299] (the "Stipulated Order"), shall remain in full force and effect.1

1 Nothing in this Order, nor the Trustee's participation in formulating this Order, shall be deemed to affect whether the Trustee is a party to or subject to the Stipulated Order, and all parties' rights in this regard are reserved.

# **Exhibit 1**

| Beneficiary Name | BK EST/HO WAN KWOK DEBTOR | |--------------------------------------------------|-----------------------------------| | Beneficiary Account Number | 5500018263 | | Bank Routing Number (domestic wires) | 322070381 | | Bank Routing/Swift Code (international wires) | EWBKUS66XXX | | Receiving Bank Name | East West Bank | | Receiving Bank Address (branch address) | 135 N. Los Robles Ave., Suite 600 | | Receiving Bank Address (branch city, state, zip) | Pasadena, CA 91101 | | Other Information | LUC A DESPINS, CH11 TRUSTEE |