Common use of Conclusiveness of Measurements Clause in Contracts

Conclusiveness of Measurements. Quantity and temperature measurements made by the independent inspector as provided in this Article 23 shall be final and binding on the parties, except in the case of manifest error. In any event, without prejudice to the right of either party subsequently to demonstrate manifest error in such measurements, the determination of the independent inspector shall govern for purposes of the quantity stated in the xxxx of lading and the obligation of Buyer to make payment in accordance with the provisions of Article 11.

Appears in 1 contract

Samples: Maya Crude Oil Sales Agreement (Neches River Holding Corp)

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Conclusiveness of Measurements. Quantity and temperature measurements made witnessed by the independent inspector as provided in this Article 23 11 shall be final and binding on the partiesParties, except in the case of manifest error. In any event, without prejudice to the right of either party subsequently Party to demonstrate manifest error pursue a claim in such measurementsaccordance with Article 15, the determination of the independent inspector shall govern for purposes of the quantity stated in the xxxx of lading and the obligation of Buyer to make payment in accordance with the provisions of Article 117.

Appears in 1 contract

Samples: Crude Oil Sales Agreement (Lyondell Chemical Co)

Conclusiveness of Measurements. Quantity and temperature measurements made witnessed by the independent inspector as provided in this Article 23 6 shall be final and binding on the partiesParties, except in the case of manifest errorerror or fraud. In any event, without prejudice to the right of either party subsequently Party to demonstrate manifest error pursue a claim in such measurementsaccordance with Article 11, the determination of the independent inspector shall govern for purposes of the quantity stated in the xxxx of lading and the obligation of Buyer to make payment in accordance with the provisions of Article 1110.

Appears in 1 contract

Samples: Crude Oil Sales Agreement (NuStar Energy L.P.)

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Conclusiveness of Measurements. Quantity and temperature measurements made witnessed by the independent inspector as provided in this Article 23 12 shall be final and binding on the partiesParties, except in the case of manifest errorerror or fraud. In any event, without prejudice to the right of either party subsequently Party to demonstrate manifest error pursue a claim in such measurementsaccordance with Article 16, the determination of the independent inspector shall govern for purposes of the quantity stated in the xxxx of lading and the obligation of Buyer to make payment in accordance with the provisions of Article 118.

Appears in 1 contract

Samples: Crude Oil Sales Agreement (NuStar Energy L.P.)

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