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 one percent (1%) at a rate corresponding to the average hourly rate for Electricity supplied by Seller to Buyer's Complex for the period since the last preceding test, previous recordings of such equipment shall be considered accurate in computing deliveries of 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 one percent (1%) at a rate corresponding to the average hourly rate for Electricity supplied by Seller to Buyer's Complex 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 Seller shall promptly send to Buyer, 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)

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Corrections of Measuring Equipment. If, upon testing, any measuring equipment is found to be inaccurate by less than one two percent (12%) at a flow rate corresponding to the average hourly flow rate for Electricity Steam supplied by Seller Cogen to BuyerExxon for Exxon's Complex Complex, Exxon's Marketing Terminal, and Exxon's Technology Center for the period since the last preceding test, previous recordings of such equipment shall be considered accurate in computing deliveries of Electricity 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 one percent two percent. (12%) at a flow rate corresponding to the average hourly flow rate for Electricity Steam supplied by Seller Cogen to BuyerExxon for Exxon's Complex Complex, 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 Seller Cogen shall promptly send to BuyerExxon, 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 (Cogen Technologies Inc)

Corrections of Measuring Equipment. If, upon testing, any measuring equipment is found to be inaccurate by less than one two percent (12%) at a flow rate corresponding to the average hourly flow rate for Electricity Steam supplied by Seller to BuyerCogen 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 Electricity 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 one two percent (12%) at a flow rate corresponding to the average hourly flow rate for Electricity Steam supplied by Seller to BuyerCogen 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 Seller Cogen shall promptly send to BuyerInfineum, 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: Assumption Agreement (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 one two percent (12%) at a flow rate corresponding to the average hourly flow rate for Electricity Steam supplied by Seller Cogen to Buyer's Complex BRC for the Bayway Refinery for the period since the last preceding test, previous recordings of such equipment shall be considered accurate in computing deliveries of Electricity 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 one two percent (12%) at a flow rate corresponding to the average hourly flow rate for Electricity Steam supplied by Seller Cogen to Buyer's Complex BRC for 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 Seller Cogen shall promptly send to BuyerBRC, 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: Assumption Agreement (East Coast Power LLC)

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