ASSAYING. Assays shall be made independently by each party and the results of such assays shall exchanged on a lot-by-lot basis for all payable and penalty elements on a mutually agreed date in the event of greater difference in assay exchange than contractually agreed, an umpired assay shall be made by an umpire laboratory rotating lab for each quota, but in any event not later than forty-five (45) calendar days after the assay samples are sealed and sent to the respective parties. Such date shall be calculated starting after the sealing date of the last composite sample of the monthly quota. In the event of greater difference in assay exchange than contractually agreed, an umpire assay shall be made by an umpire laboratory rotating lab for each quota. In the event that assays have not been exchanged by the 45th (forty-fifth) day after samples were sealed and sent to the respective parties, then the party which is ready to exchange assays shall notify the other party by fax or email that it is ready to exchange assays. If the other party does not respond within 15 (fifteen) calendar days then the assay results of the party which was ready to exchange its assay results shall be final and binding, save for fraud or manifest error. Should the difference between the results of both parties be not more than: Copper 0.5% Silver 100 g/dmt Gold 1.5 g/dmt Lead: 0.3 % Zinc: 0.3 % Arsenic: 0.1 % Antimony: 0.1 % Then the exact mean of the two results shall be taken as the agreed assay for the purpose of final accounting. In the event of greater difference in assay exchange than contractually agreed, an umpire assay shall be made by an umpire laboratory to be mutually agreed between Buyer and Seller, which shall be one of the following: Xxxxxxxxxxxxxxxxxx 00 0000 XX Xxxxxxxxx Xxxxxxxxx Grange Prescot Road St. Helens Merseyside WA10 3BQ England CONTRA TO N° 303-l 6CMX-230-0-P (EF) 7 Caddick Road Knowsley Business Park Merseyside L34 9HP England Mineral Services Xxxxxxxxx 00 /XX Xxx 000 0000 XX /0000 XX Spijkenisse The Netherlands Should the umpire assay fall between the results of the two parties, then the arithmetical mean of the umpire assay and the assay of the party whose results are nearer to the umpire's shall be taken as the agreed assay. Should the umpire assay fall outside the exchanged results, the middle of the 3 (three) results shall be final. If the umpire results coincides with either of the two parties or is the exact mean of the exchanged result, the umpire assay...
ASSAYING. Assays shall be determined by an independent laboratory at loading port and shall be considered as finals for both parties Seller and buyer will determine by mutual agreement one of the following laboratories for assays determination, and will be chosen on a rotational basisi Xxxxxxxxxxxxxxxxxx 00 0000 XX Xxxxxxxxx Xxxxxxxxx 00 0000 XX Spijkenisse The Netherlands Xxxxxxxxx Grange Prescot Road St. Helens Merseyside WA10 3BQ England Silver and gold assays shall be determined unadjusted for cupel absorption and slag loss If either party is prevented, hindered or delayed from performing in whole or in part any obligation or condition of this contract by reason of force majeure (the “Affected Party”), the Affected Party shall give written notice to the other party promptly and in any event within 3 (three) Business Days after receiving notice of the occurrence of a force majeure event giving, to the extent reasonably practicable, the details and expected duration of the force majeure event and the quantity of Concentrate affected (the “Force Majeure Notice”). Provided that a Force Majeure Notice has been given, for so long as the event of force majeure exists and to the extent that performance is prevented, hindered or delayed by the event of force majeure, neither party shall be liable to the other and the Affected Party may suspend performance of its obligations under this contract (a “Force Majeure Suspension”). During the period of a Force Majeure Suspension, the other party may suspend the performance of all or a part of its obligations to the extent that such suspension is commercially reasonable. The Affected Party shall use commercially reasonable efforts to avoid or remove the event of force majeure and shall promptly notify the other party when the event of force majeure is terminated. If a Force Majeure Suspension occurs, the time for performance of the affected obligations and, if applicable, the term of this contract shall be extended for a period equal to the period of suspension. If the period of the Force Majeure Suspension is equal to or exceeds 3 months from the date of the Force Majeure Notice, and so long as the force majeure event is continuing, either party may, in its sole discretion and by written notice, terminate this contract or, in the case of multiple deliveries under this contract, terminate the affected deliveries. Upon termination in accordance with this clause, neither party shall have any further liability to the other in respe...
ASSAYING. (a) Assays for lead, gold and silver contents shall be made independently by Seller and Buyer from the samples obtained in accordance with Section 11 above and results of such assays shall be exchanged simultaneously by airmail or courier or another mutually agreed manner within 60 (sixty) calendar days after arrival of the Concentrate at Buyer’s designated Warehouse. The assays for the Payables i.e. lead, silver and gold shall be exchanged on a lot-by-lot- basis and for Penalties (if any) on a composite basis. Determination for gold and silver assays shall be made in accordance with fire assay methods corrected for slag loss and cupel absorption and losses for evaporation.
(b) If the difference between Seller’s and Buyer’s assay results is not more than the following splitting limits, then the exact mean of the two results shall be taken as the agreed assay for final settlement: Lead: [***]. Gold: [***]/dmt of Concentrate. Silver: [***]/dmt of Concentrate.
(c) If the difference is more than the above splitting limits, both parties shall consult in order to reach an acceptable settlement. In case no agreement has been reached between Seller and Buyer, an umpire assay shall be made by one of the following mutually agreed laboratories to be rotated on a lot-by-lot basis: Xxxxxx X Xxxxxx International Ltd. Kings Business Park Kings Drive Prescot Knowsley L34 1PJ UK Laboratory & All Deliveries The Xxxx Xxxxxx Laboratory Kings Business Park Prescot Knowsley L34 1PJ UK or ALS Inspection UK Ltd. (former Xxxxxxx Group) 0 X Xxxxxxx Xxxx Xxxxxxxx Xxxxxxx, X00 0XX Xxxxxxx or Laboratory Services International BV Xxxxxxxxxxxxxxxx 0 0000 XX, Xxxxxxxxx XXX XXXXXXXXXXX or SGS NEDERLAND B.V. Malledjik 18 Xxxxxxx 000 0000 XX Xxxxxxxxxxx XXX XXXXXXXXXXX If the umpire assay falls between the assays of Seller and Buyer, or coincides with either, then the arithmetic mean of the umpire assay and that of the party whose assay result is nearer to that of umpire shall be taken as final for settlement purposes. Otherwise, the middle assay of the three assays shall be final for settlement.
(d) The costs of the umpire assay or assays shall be borne by the party whose assay result is further from the umpire’s assay. If the umpire assay is the exact mean of the assays of Seller and Buyer, the cost of the umpire shall be borne equally by Seller and Buyer.
ASSAYING. Assays shall be made independently by each party and in the event of greater difference in assay exchange than contractually agreed, an umpire assay shall be made by an umpire laboratory rotating lab for each quota, which shall be one of the following, except for the silica to be exchanged by general composite, but in any event not later than 45 (forty-five) calendar days after the assay samples are sealed and sent to the respective parties. Such date shall be calculated starting after the sealing date of the last composite sample of the monthly quota. In the event that assays have not been exchanged by the 45th (forty-fifth) day after samples were sealed and sent to the respective parties, then the party which is ready CONTRA TO N° 303-l 6CMX-230-0-P (EF) 6 to exchange assays shall notify the other party by fax or email that it is ready to exchange assays. If the other party does not respond within 15 (fifteen) calendar days then the assay results of the party which was ready to exchange its assay results shall be final and binding, save for fraud or manifest error. Should the difference between the results of both parties be not more than: Zn: 0.5% Ag: 30 gr/dmt Au: 0.5 gr/dmt Sio2: 0.5% Cd: 0.1%
ASSAYING. 15.1 From the samples obtained, Buyer and Seller will determine their own assays and exchange signed assay certificates by crossing mail on a pre-arranged date.
15.2 The average of the Buyer's and Seller's assays will be final for settlement unless any of the following splitting limits are exceeded: Au 0.03 oz/dmt Ag 0.5 oz/dmt Pb 0.5 %
15.3 Silver assays will be adjusted for slag and cupel losses.
15.4 In cases where these limits are exceeded, the Umpire sample will be forwarded by the Buyer to the following Umpires who will be instructed to provide assays as per Article 9. The following Umpires will be used in rotation by lot: TECK COMINCO METALS LTD. / APOLLO GOLD INCORPORATED MONTANA TUNNELS LEAD CONCENTRATE AGREEMENT OCTOBER 1, 2002 AGREEMENT NO. PB 48-2002-15 PAGE 7. --------------------------------------------------------------------------------
ASSAYING. 12.1. Assays shall be made at the Buyers site. Acceptance report is filled and confirmed by both Parties based on analysis results. The report is confirmed in two days after goods are delivered to Buyer. The results of assaying shall be final and binding for each party for further calculations.
ASSAYING. Chemical and mineralogical analysis of material obtained in the course of the Exploration Program will be managed by ERCOSPLAN and performed by a certified laboratory selected by ERCOSPLAN with proven experience in the analysis of potash salt rocks.
ASSAYING. 15.1 From the samples obtained, Buyer and Seller will determine their own assays and exchange signed assay certificates by crossing mail on a pre-arranged date.
15.2 The average of the Buyer's and Seller's assays will be final for settlement for zinc, silver and gold, unless any of the following splitting limits are exceeded: Zn 0.40 % Au 0.01 oz/dmt Ag 0.3 oz/dmt
15.3 In the case of iron and silica the Buyer's assays will be used for settlement. The Seller will retain the option to request the exchange of these assays. Should this option be exercised by the Seller then the following splitting limits will apply: Fe 0.50 % SiO2 0.30%
15.4 In cases where these limits are exceeded, the Umpire sample will be forwarded by the Buyer to the following Umpires who will be instructed to provide assays as per Article 9, Pricing. The following Umpires will be used in rotation by lot:
ASSAYING. An international assayer selected from the list below will make a chemical analysis of the samples taken in accordance with clause 9 and the results of these analyses, together with the results of the moisture determination shall be final and binding for settlement purposes and notified to Buyer and Seller in writing. Silver and gold shall be assayed by commercial fire assay adjusted for cupel absorption and slag losses. The costs for these services shall be shared equally between both parties. Xxxx Xxxxxxx (Assayers) Ltd., UK or Xxxxxx X. Xxxxxx International Ltd, UK or SGS Laboratory Services, NL
ASSAYING. Assays shall be determined one of the following mutually greed internationally recognized independent laboratories at the port of loading:
