第三方设计公司提供的设计，如果在进行合同谈判前，还没有进行船模实验，建造方需要承担极大的设计风险，尤其是航速是否可以达到保证指标？下面一段针对航速的合同修改，以船模水池实验的结果作为保证航速，是一个公平的解决方案。但在实际合同谈判中买方是否愿意分担设计风险需要根据实际情况讨论。

4. GUARANTEED SPEED

The SELLER and BUYER agree that the BUYER’s requirement is that the VESSEL has the following guaranteed service speeds after correction based on the trial speed at the ballast condition:

not less than 14 knots on design draft, even keel, with no current, no wave, deep water and with no wind at propulsion power of 5,708 kW (each propulsion system being therefore 2,854 kw) with 10% sea margin.

In the event that the service speeds achieved during model testing conducted in accordance with the Specifications does not reach the requirements set forth in paragraph above, then the BUYER may request SELLER to work with XX (Design Company) to adjust the design and conduct further model testing at BUYER’s costs, provided that the parties shall have first agreed in writing as to such reasonable extension of the Delivery Date as may be required to conduct such further model testing.

Once the service speeds achieved during model testing is to the satisfaction of the BUYER, then the service speeds guaranteed by the SELLER under this Contract shall be the service speeds achieved during the last model testing approved by the BUYER, if the hull"s block coefficient to be changed due to the possible optimizition, the corresponding effect to ship"s deadweight etc... should be caiculated correspondingly and should be accepted by the BUYER, which shall be confirmed in writing by a letter in the form attached to in Exhibit “D”. The correction method of the speed during sea trials shall be as specified in the Specifications.

In the event that the service speeds achieved during model testing do not exceed 13.4 design draft, even keel, with no current, no wave, deep water and with no wind at propulsion power of 5,708 kW (each propulsion system being therefore 2,854 kw) with 10% sea margin knots and such insufficient speed is not corrected within two (2) months of completion of the first model testing, then the BUYER may terminate this Contract, upon which the BUYER shall only be responsible to pay the SELLER for the services rendered up to and including the termination date as evidenced by supporting documentation and agreed to between the parties. The SELLER shall refund forthwith in United States dollars within 30 Business Days to the BUYER all sums paid by the BUYER to the SELLER on account of the VESSEL, less such amount owed by the BUYER for the services rendered up to and including the termination date.