Complying Gypsum; Moisture Content; Invoice Adjustments Sample Clauses

Complying Gypsum; Moisture Content; Invoice Adjustments. (a) Complying Gypsum, shall be clarified as follows: The Parties acknowledge and agree that the test method protocol set forth in Revised Exhibit A for * * * is based upon the use of a hand held meter to measure * * * and determine exposure limits within the worker environment. The Parties will jointly continue to work together to refine such testing protocols and procedures for measurement of * * * and calculation of worker exposure limits. In the event that after Material has been delivered (“Delivered Material”), it is determined by Lafarge to exceed the * * *, the Parties agree to react as soon as reasonably practicable, and Seminole will perform such additional, testing on the Delivered Material, as well as pre-delivered Material, as may be appropriate. If such additional testing determines that the Delivered Material exceeds the * * *, the Parties will negotiate in good faith to reach an equitable agreement as to the disposition of any such Delivered Material. If no such agreement can be reached, Lafarge’s sole remedy shall be to reject such Delivered Material as Non-Complying Gypsum and receive a credit for any amount paid to Seminole for such Delivered Material. If such additional testing on the pre-delivered Material determines that the Material exceeds the * * *, Seminole will suspend further delivery of Material until the testing protocol demonstrates compliance with the * * *. The second paragraph of (b) Moisture Adjustment shall be deleted and replaced with the following: If the annual weighted average moisture content of Complying Gypsum sold and delivered to Lafarge in any Contract Year during the Initial Term or any Renewal Term(s), as the case may be, is less than * * * but is not less than * * *, rounded to the nearest one-tenth of a percentage point, the applicable price per Ton, as provided in and adjusted pursuant to Section 9 hereof, shall be increased by an amount (“Premium Amount”), to be charged as set forth in subsection (c) hereof, as follows: Moisture Content Premium Amount * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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Complying Gypsum; Moisture Content; Invoice Adjustments 
Sample 1

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