Common use of Corrections of Measuring Equipment Clause in Contracts

Corrections of Measuring Equipment. If, upon testing, any measuring equipment is found to be inaccurate by less than two percent (2%) at a flow rate corresponding to the average hourly flow rate for Steam supplied by Cogen for Infineum's Complex and Infineum's Technology Center for the period since the last preceding test, previous recordings of such equipment shall be considered accurate in computing deliveries of Steam hereunder, but such equipment shall be promptly adjusted to record correctly to the extent possible. If, upon testing, any measuring equipment shall be found to be inaccurate by greater than two percent (2%) at a flow rate corresponding to the average hourly flow rate for Steam supplied by Cogen for Infineum's Complex or Infineum's Technology Center for the period since the last preceding test, then such equipment shall be promptly adjusted to record properly, to the extent possible, and any previous recordings by such equipment shall be corrected to zero error, to the extent possible, and Cogen shall promptly send to Infineum, pursuant to Article 7, billing adjustments based on such corrected recordings. If no reliable information exists as to when the equipment became inaccurate, it shall be assumed for correction purposes hereunder that such inaccuracy began at a point in time midway between the testing date and the last previous date on which the equipment was tested and found to be accurate or adjusted to be accurate.

Appears in 1 contract

Samples: Agreement for the Sale of Steam (East Coast Power LLC)

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Corrections of Measuring Equipment. If, upon testing, any measuring equipment is found to be inaccurate by less than two one percent (21%) at a flow rate corresponding to the average hourly flow rate for Steam Electricity supplied by Cogen for InfineumSeller to Buyer's Complex and Infineum's Technology Center for the period since the last preceding test, previous recordings of such equipment shall be considered accurate in computing deliveries of Steam Electricity hereunder, but such equipment shall be promptly adjusted to record correctly to the extent possible. If, upon testing, any measuring equipment shall be found to be inaccurate by greater than two one percent (21%) at a flow rate corresponding to the average hourly flow rate for Steam Electricity supplied by Cogen for InfineumSeller to Buyer's Complex or Infineum's Technology Center for the period since the last preceding test, then such equipment shall be promptly adjusted to record properly, to the extent possible, and any previous recordings by such equipment shall be corrected to zero error, to the extent possible, and Cogen Seller shall promptly send to InfineumBuyer, pursuant to Article 7, billing adjustments based on such corrected recordings. If no reliable information exists as to when the equipment became inaccurate, it shall be assumed for correction purposes hereunder that such inaccuracy began at a point in time midway between the testing date and the last previous date on which the equipment was tested and found to be accurate or adjusted to be accurate.

Appears in 1 contract

Samples: Electricity Supply Agreement (East Coast Power LLC)

Corrections of Measuring Equipment. If, upon testing, any measuring equipment is found to be inaccurate by less than two percent (2%) at a flow rate corresponding to the average hourly flow rate for Steam supplied by Cogen to BRC for Infineum's Complex and Infineum's Technology Center the Bayway Refinery for the period since the last preceding test, previous recordings of such equipment shall be considered accurate in computing deliveries of Steam hereunder, but such equipment shall be promptly adjusted to record correctly to the extent possible. If, upon testing, any measuring equipment shall be found to be inaccurate by greater than two percent (2%) at a flow rate corresponding to the average hourly flow rate for Steam supplied by Cogen to BRC for Infineum's Complex or Infineum's Technology Center the Bayway Refinery for the period since the last preceding test, then such equipment shall be promptly adjusted to record properly, to the extent possible, and any previous recordings by such equipment shall be corrected to zero error, to the extent possible, and Cogen shall promptly send to InfineumBRC, pursuant to Article 7, billing adjustments based on such corrected recordings. If no reliable information exists as to when the equipment became inaccurate, it shall be assumed for correction purposes hereunder that such inaccuracy began at a point in time midway between the testing date and the last previous date on which the equipment was tested and found to be accurate or adjusted to be accurate.

Appears in 1 contract

Samples: Agreement for the Sale of Steam (East Coast Power LLC)

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Corrections of Measuring Equipment. If, upon testing, any measuring equipment is found to be inaccurate by less than two percent (2%) at a flow rate corresponding to the average hourly flow rate for Steam supplied by Cogen to Exxon for InfineumExxon's Complex Complex, Exxon's Marketing Terminal, and InfineumExxon's Technology Center for the period since the last preceding test, previous recordings of such equipment shall be considered accurate in computing deliveries of Steam hereunder, but such equipment shall be promptly adjusted to record correctly to the extent possible. If, upon testing, any measuring equipment shall be found to be inaccurate by greater than two percent percent. (2%) at a flow rate corresponding to the average hourly flow rate for Steam supplied by Cogen to Exxon for InfineumExxon's Complex or InfineumComplex, Exxon's Marketing Terminal, and Exxon's Technology Center for the period since the last preceding test, then such equipment shall be promptly adjusted to record properly, to the extent possible, and any previous recordings by such equipment shall be corrected to zero error, to the extent possible, and Cogen shall promptly send to InfineumExxon, pursuant to Article 7, billing adjustments based on such corrected recordings. If no reliable information exists as to when the equipment became inaccurate, it shall be assumed for correction purposes hereunder that such inaccuracy began at a point in time midway between the testing date and the last previous date on which the equipment was tested and found to be accurate or adjusted to be accurate.

Appears in 1 contract

Samples: Agreement for the Sale of Steam (Cogen Technologies Inc)

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