Annual measurement of excavation Sample Clauses

Annual measurement of excavation. 19.7.1 On or before COD, HCL shall measure, or cause to be measured, the stockpile of Copper Ore/ MIO and waste at the Mines. The date and time for measurement shall be notified by HCL no less than 1 (one) week in advance to the MDO, and HCL may, in its discretion, designate its representative to witness such measurement or may carry out its independent measurement also. 19.7.2 HCL shall once in a month, within the first ten days of such month, repeat the measurement in accordance with the provisions of Clause 19.7.1. 19.7.3 In the event that the quantity of ROM Copper Ore measured via weight meter as per clause
Sample 1
AutoNDA by SimpleDocs
Annual measurement of excavation. 19.7.1 On or before COD, the Independent Engineer shall measure, or cause to be measured, by using laser technology (the "Laser Measurement"), the stockpile of Coal Seams and Overburden at the Mines, and shall convey forthwith to the Authority such particulars thereof as the Authority may reasonably require. The date and time for Laser Measurement shall be notified by the Independent Engineer, no less than 1 (one) week in advance, to the Mine Operator and the Authority, and the Authority may, in its discretion, designate its representative to witness such measurement or may carry out its independent measurement also. 19.7.2 The Independent Engineer shall, once every Accounting Year, on or before the commencement of each Accounting Year, repeat the Laser Measurement in accordance with the provisions of Clause 19.7.1 19.7.3 In the event that the quantity of Coal received at the Delivery Point during any Accounting Year falls short of the quantity of excavation, as determined by Laser Measurement, for and in respect of that Accounting Year, the Mine Operator shall pay to the Authority, Damages equal to [●]20, which amount of Damages shall be recovered from the monthly bill of the Mine Operator. The Parties further agree that conversion of volumetric content to weight of Coal in different stacks shall be in accordance with the [insert mechanism/ relevant policy or code of the Authority]. The Parties also agree that in the event of a Dispute relating to the procedure and outcome of any tests or measurements conducted hereunder, the Dispute shall be referred to an Independent Laboratory for conducting tests at such laboratory. The figures on production and Delivery of Coal during the month should be reconciled with the measurement of stockpile at the end of every month and the same should be verified from the in situ measurement to comply with the provisions of [insert mechanism/relevant policy or code of the Authority]. 20 A formula for computation of liquidated damages will need to be inserted. Potential options need to be discussed and provided in the model document.
Sample 1
Annual measurement of excavation. ‌ 19.7.1 The Engineer in charge shall cause to be measured, by Central Mine Planning and Design Institute Limited (“CMPDI”), using laser technology or photogrammetry method or the latest available technology (the "Measurement"), the stockpile of Coal Seams and Overburden at the Mines, and shall convey forthwith to the Authority such particulars thereof as the Authority may reasonably require. The date and time for Measurement shall be notified by the Engineer in charge in consultation with CMPDI, no less than 1 (one) week in advance, to the Mine Operator and the Authority, and the Authority may designate its representative to witness such Measurement or may also carry out its independent Measurement. The Authority may, with the prior approval of its board of directors, engage any other reputed third party agency, other than CMPDI, for undertaking such Measurement. The costs of Measurement shall be borne by the Authority. 19.7.2 The Engineer in charge shall arrange, once every Accounting Year, on or before the commencement of each Accounting Year, to repeat the Measurement in accordance with the provisions of Clause 19.7.1. 19.7.3 In the event that the quantity of Coal dispatched from the Delivery Point during any Accounting Year falls short of the quantity of excavation, as determined by measurement, in respect of that Accounting Year, the Mine Operator shall pay to the Authority, Damages at the rate of notified price of Coal for the shortfall quantity of up to 2% (two per cent) and at the rate twice the notified price of Coal for such shortfall quantity exceeding 2% (two per cent) of excavation quantity of Coal. The amount of Damages shall be recovered from the monthly bill of the Mine Operator. Shortfall quantity shall be reconciled every month and final adjustment shall be done at the end of each Accounting Year. The Parties further agree that conversion of volumetric content to weight of Coal in different stacks shall be in accordance with the New Code for Uniform System of Maintenance, Control and Verification of Coal Stock in all Mines of Coal India Limited. The Parties also agree that in the event of a Dispute relating to the procedure and outcome of any tests or measurements conducted hereunder, the Dispute shall be referred to an Independent Laboratory for conducting tests at such laboratory. The figures on production and Delivery of Coal during the month should be reconciled with the measurement of stockpile and Coal Seam at the end of every mont...
Sample 1

Related to Annual measurement of excavation

  • Mileage Measurement Where required, the mileage measurement for LIS rate elements is determined in the same manner as the mileage measurement for V&H methodology as outlined in NECA Tariff No. 4.

  • Usage Measurement Usage measurement for calls shall begin when answer supervision or equivalent Signaling System 7 (SS7) message is received from the terminating office and shall end at the time of call disconnect by the calling or called subscriber, whichever occurs first.

  • Temperature Measurement Temperature will be measured by the nearest automatic Melbourne Bureau of Meteorology Monitoring Station for example (but not limited to): Melbourne, Moorabbin, Dunns Hill, Melbourne Airport, Frankston, and Point Xxxxxx. At the commencement of each project, the onsite management and employee representatives shall agree which is to be the applicable automatic weather monitoring station.

  • Benchmarks for Measuring Accessibility For the purposes of this Agreement, the accessibility of online content and functionality will be measured according to the W3C’s Web Content Accessibility Guidelines (WCAG) 2.0 Level AA and the Web Accessibility Initiative Accessible Rich Internet Applications Suite (WAI-ARIA) 1.0 for web content, which are incorporated by reference.

  • Measurement Should the State terminate this contract as herein provided, no fees other than fees due and payable at the time of termination shall thereafter be paid to the Engineer. In determining the value of the work performed by the Engineer prior to termination, the State shall be the sole judge. Compensation for work at termination will be based on a percentage of the work completed at that time. Should the State terminate this contract under paragraph (4) or (5) above, the Engineer shall not incur costs during the thirty-day notice period in excess of the amount incurred during the preceding thirty days.

  • Method of Measurement All linear and area measurements under this Agreement are measured on the horizontal plane, unless specified otherwise in an attached Schedule.

  • Interim Measures Notwithstanding any requirements for alternative dispute resolution procedures as set forth in Articles 18(B), any party to the Dispute may apply to a court for interim measures (i) prior to the constitution of the arbitral tribunal (and thereafter as necessary to enforce the arbitral tribunal’s rulings); or (ii) in the absence of the jurisdiction of the arbitral tribunal to rule on interim measures in a given jurisdiction. The Parties agree that seeking and obtaining such interim measures shall not waive the right to arbitration. The arbitrators (or in an emergency the presiding arbitrator acting alone in the event one or more of the other arbitrators is unable to be involved in a timely fashion) may grant interim measures including injunctions, attachments and conservation orders in appropriate circumstances, which measures may be immediately enforced by court order. Hearings on requests for interim measures may be held in person, by telephone, by video conference or by other means that permit the parties to the Dispute to present evidence and arguments.

  • Performance Testing 7.2.1 The Design-Builder shall direct and supervise the tests and, if necessary, the retests of the Plant using Design-Builder’s supervisory personnel and the Air Emissions Tester shall conduct the air emissions test, in each case, in accordance with the testing procedures set forth in Exhibit A (the “Performance Tests”), to demonstrate, at a minimum, compliance with the Performance Guarantee Criteria. Owner is responsible for obtaining Air Emissions Tester and for ensuring Air Emissions Tester’s timely performance. Design-Builder shall cooperate with the Air Emissions Tester to facilitate performance of all air emissions tests. Design-Builder shall not be held responsible for the actions of Owner’s employees and third parties involved in the Performance Testing, including but not limited to Air Emissions Tester. 7.2.2 No later than thirty (30) Days prior to the earlier of the Scheduled Substantial Completion Date or Substantial Completion, Design-Builder shall provide to Owner for review a detailed testing plan for the Performance Tests (other than for air emissions). Owner and Design-Builder shall agree upon a testing plan that shall be consistent with the Performance Test Protocol contained in Exhibit A hereto. After such agreement has been reached, Design-Builder shall notify the Owner five (5) business days prior to the date Design-Builder intends to commence the Performance Tests and shall notify the Owner upon commencement of the Performance Tests. Owner and Independent Engineer each have the right to witness all testing, including the Performance Tests and any equipment testing, whether at the Site or at the Subcontractor’s or equipment supplier’s premises during the course of this Agreement. Notwithstanding the foregoing sentence, Owner shall bear the costs of providing a witness to any such testing and all such witnesses shall comply at all times with Design-Builder’s, Subcontractor’s or equipment supplier’s safety and security procedures and other reasonable requirements, and otherwise conduct themselves in a manner that does not interfere with Design-Builder’s, Subcontractor’s or equipment supplier’s activities or operations. 7.2.3 Design-Builder shall provide to Owner a Performance Test report (excluding results from air emissions testing), including all applicable test data, calculations and certificates indicating the results of the Performance Tests and, within five (5) business days of Owner’s receipt of such results, Owner, Independent Engineer and Design-Builder will jointly inspect such Work and review the results of the Performance Tests to verify that the Performance Guarantee Criteria have been met. If Owner or Independent Engineer reasonably determines that the Performance Guarantee Criteria have not been met, Owner shall notify Design-Builder the reasons why Owner determined that the Performance Guarantee Criteria have not been met and Design-Builder shall promptly take such action or perform such additional work as will achieve the Performance Guarantee Criteria and shall issue to the Owner another notice in accordance with Section 7.2.2; provided however that if the notice relates to a retest, the notice may be provided no less than two (2) business days prior to the Performance Tests. Such procedure shall be repeated as necessary until Owner and Independent Engineer verifies that the Performance Guarantee Criteria have been met. 7.2.4 If Owner, for whatever reason, prevents Design-Builder from demonstrating the Performance Guarantee Criteria within thirty (30) Days of Design-Builder’s notice that the Plant is ready for Performance Testing, then Design-Builder shall be excused from demonstrating compliance with the Performance Guarantee Criteria during such period of time that Design-Builder is prevented from demonstrating compliance with the Performance Guarantee Criteria; provided however that Design-Builder will be deemed to have fulfilled all of its obligations to demonstrate that the Plant meets the Performance Guarantee Criteria should such period of time during which Design-Builder is prevented from demonstrating the Performance Criteria exceed thirty (30) Days or extend beyond the Final Completion Date.

  • Performance Tests Contractor shall perform Performance Tests in accordance with Section 11.2 of the Agreement and Attachment S.

  • Performance Measurement The Uniform Guidance requires completion of OMB-approved standard information collection forms (the PPR). The form focuses on outcomes, as related to the Federal Award Performance Goals that awarding Federal agencies are required to detail in the Awards.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!