Determination of Quantity. For purposes of this Agreement, the quantity of a Product received from or for the account of Customer shall be determined by Terminal’s inbound custody transfer meter for pipeline deliveries, if applicable. Outbound truck deliveries shall be determined by the truck rack meters. Barge and ship deliveries will be measured by independent inspection agency or static shore tank measurements. In-tank transfer quantities between customers shall be based on the exact amount of Product to be transferred. Samples may be taken by automatic sampling equipment, if available. At Terminal’s discretion, Terminal may allocate tank bottoms as operationally required.
Determination of Quantity. The volume of each loading of Oil shall be determined by an independent inspector selected as provided in Article 4.1.3, whose fees shall be shared equally by the Parties. Measuring and gauging shall be performed in accordance with one of the following measurement systems in decreasing order of preference, depending on the operational conditions prevailing at the Loading Port involved. Seller and Buyer or their respective representatives may witness the taking of the measurements.
(a) Flow meters installed on loading lines: Such meter measurements shall be taken immediately before, during and after loading. When measurements are made with positive displacement meters, the meters and associated measurement testers will be installed, maintained and calibrated according to the latest revision of API-Manual of Petroleum Measurement Standards (“API-MPMS”), Chapter 6.5, “Metering Systems for Loading and Unloading Marine Bulk Carriers”; Chapter 4.2, “Conventional Pipe Provers”; Chapter 4.8, “Operation of Proving Systems”; Chapter 7, “Temperature Determination”; and Chapter 5.2, “Measurement of Liquid Hydrocarbons by Displacement Meters”. If turbine meters are used, gauging will follow the latest revision of API-MPMS, Chapter 5.3, “Measurement of Liquid Hydrocarbons by Turbine Meters”, for the meters and measurement testers. Calculation of metered quantity shall follow API-MPMS, Chapter 12.2, “Calculation of Liquid Petroleum Quantities measured by Turbine or Displacement Meters”.
(b) Shore tanks: Seller shall calibrate, or cause to be calibrated, the shore tanks on a periodic basis according to the latest revision of API-MPMS, Chapter 2. The measurement of tank contents shall be performed according to the latest revisions of API-MPMS, Chapter 3, “Tank Gauging”, and Chapter 7, “Temperature Determination”. The independent inspector shall ensure that all equipment used in the performance of this work is calibrated and in good working order. Volume calculations shall follow the latest revision of API-MPMS, Chapter 12.1, “Calculation of Static Petroleum Quantities”, Part 1, “Upright Cylindrical Tanks and Marine Vessels”. In the absence of methods contained in Article 6.1(a) or (b), discharge flow meters, or static shore tank measurements shall be utilized to measure the quantity of the Cargo. If neither of these methods are available, the quantity of the Cargo shall be determined by utilizing the methodology for “Volume Measured on Board” specified below in Article 6.1...
Determination of Quantity. (a) Quantity determination of Fuel Delivered by Seller in bulk on Oahu shall be made by the Independent Inspector gauging […] before and after Delivery.
(b) Quantity determination of Fuel Delivered by Seller in bulk to the Companies’ Nominated Marine Terminal at Kaunakakai, Molokai, shall be determined at the time of each Delivery by the Independent Inspector gauging the receiving tanks at said marine terminal before and after Delivery. Such accounting shall include all pipeline flush activity for Companies account.
(c) Quantity determination of Fuel Delivered by Seller at Seller’s Nominated terminal to the Companies’ Nominated truck(s) or in Seller’s Nominated truck(s) to the Companies Site Locations shall be determined at the time of each Delivery by Seller’s calibrated load rack meters, converted in each instance to volume at 60 DF by the automated rack control system. Meters shall be calibrated on an annual basis or as required and agreed by Seller and the Companies. The Companies shall have the right at its expense, and in accordance with procedures at Seller’s Nominated terminal to independently certify said calibration. The Companies and Seller shall have the right to have one representative present to witness such meter calibration.
Determination of Quantity. 10.1. The quantity of Product received at the Facility from railcars shall be determined by Operator using applicable API/ASTM standards. Quantity determination of Product received into and delivered from the Facility shall be in accordance with the following:
Determination of Quantity. Quantities of Product received into Facility shall be determined by gauging of the shore tanks made before and after delivery and calculated in gallons at 60(degree) Fahrenheit in accordance with standard gravity tables supplied by SDSP. WESTWAY may, at its option, determine the quantity of Product delivered to or from Facility by direct weighing of tank car or tank trucks, both empty and loaded, on certified scales. Weighing of tank cars and trucks shall be at SDSP's expense. WESTWAY will supply SDSP with a monthly inventory of the Product. A month-end physical inventory shall be taken each month by WESTWAY. Any variances between the book record and the actual physical count shall be subject to an adjustment of fees as provided in Section 14. SDSP has the right to participate in taking such physical inventory.
Determination of Quantity. Seller, Seller’s agent or Seller’s carrier, as applicable, shall own, operate and maintain metering equipment at the Delivery Point where quantities of Ethylene delivered to Buyer shall be measured and its temperature and pressure recorded. The primary device for each meter installation shall be a metering tube constructed in accordance with the specifications recommended by ANSI/API Report 2530 and AGA3/API 14.3, as amended or supplemented from time to time. Sharp-edged orifice plates shall be retained with a standard orifice fitting (senior type) equipped with flange type pressure taps. The diameter of the orifice in the plate shall be in standard one-eighth inch increments. The density of the Ethylene shall be determined by calculation performed continuously using API Report 2565 “Density of Ethylene”. The flowing temperature and pressure determined from Seller’s meters will be used for the calculation of density. The volume of Ethylene delivered at the Delivery Point for each day shall be determined by reference to an on-site Xxxxxxx electronic micro-processor which shall receive the electronic signals from the primary metering device and calculate pounds of Ethylene through the orifice meter using the latest version of AGA3/API 14.3, as amended or supplemented from time to time. A day shall be deemed the period from 7:00 a.m. on one day to 7:00 a.m. on the next succeeding day. Correction factors and calibrations from such meter readings for the purpose of determining daily quantities of Product delivered will conform with procedures set forth below. If the parties are unable to agree upon the quantity delivered, quantities will be determined by a mutually agreed upon inspector. The parties will be bound by the inspector’s determination and will equally bear inspection costs. Buyer shall provide, at its sole cost, quantities of steam, electricity, nitrogen, and instrument air required for the operation of the metering equipment.
Determination of Quantity. Quantities of Product received into Facility shall be determined by gauging of the shore tanks made before and after delivery and calculated in gallons at 60° Fahrenheit in accordance with standard gravity tables supplied by CUSTOMER. WESTWAY may, at its option, determine the quantity of Product delivered to or from Facility by direct weighing of tank car or tank trucks, both empty and loaded, on certified scales. Weighing of tank cars and trucks shall be at CUSTOMER’s expense. WESTWAY will supply CUSTOMER with a monthly inventory of the Product. A month-end physical inventory shall be taken each month by WESTWAY. Any variances between the book record and the actual physical count shall be subject to an adjustment of fees as provided in Section 13.01. CUSTOMER (or their representative) has the right to participate in taking such physical inventory. WESTWAY shall allow a certified public inspector retained by CUSTOMER reasonable access to the Facility for the purpose of monitoring measurements of Product, which shall be at CUSTOMER’s expense.
Determination of Quantity. 11.1 The quantity of coal mined and removed hereunder shall be determined as follows:
11.1.1 the quantity of coal mined from the Premises and shipped by rail without being commingled with other coal shall be determined by railroad weights;
11.1.2 the quantity of coal mined from the Premises and shipped by other means or sold locally or used on the premises, which shall in no event be commingled with other coal, shall be determined by standardized weigh scales to be provided by Lessee and in accordance with the scale books and accounts of Lessee or according to any further procedure that may be proposed by Lessee and accepted by Lessor for the correct ascertainment and report of such quantity.
Determination of Quantity. Quantity determination of Product Delivered to BUYER on Oahu will be made by the Independent Inspector gauging SELLER's Product issuing tanks before and after Delivery. Quantity determination of Diesel Delivered to BUYER at BUYER's Nominated Marine Terminal at Kahului, Maui or Kawaihae or Hilo, Hawaii, shall be determined at the time of each Delivery by gauging the receiving tanks at BUYER's Nominated Marine Terminal before and after pumping. Quantities of Diesel and Fuel Oil sold and Delivered by SELLER and purchased and received by BUYER hereunder shall be determined in accordance with applicable API, ASTM and IP guidelines and shall be expressed in G.S.V., U.S. barrels @ 60 degrees Fahrenheit and U.S. gallons @ 60 degrees Fahrenheit for Diesel and shall be expressed in G.S.V., U.S. barrels @ 60 degrees Fahrenheit for Fuel Oil. The Independent Inspector shall (1) prepare and sign a Certificate of Quantity stating the quantity of Product determined according to the provisions of this Section 8.2 to have been Delivered to BUYER and loaded onboard BUYER's Nominated Barge or received by BUYER's Nominated Marine Terminal; (2) furnish BUYER and SELLER each with a copy of such Certificate; and (3) advise by facsimile or electronic mail the quantity of Product Delivered to BUYER loaded onto BUYER's Nominated Barge or received by BUYER's Nominated Marine Terminal to BUYER and SELLER. The data in the Independent Inspector's Certificate of Quantity prepared as provided herein shall, absent fraud or errors and omissions, be binding and conclusive upon both parties, and shall be used for verification of the invoice and Xxxx of Lading.
Determination of Quantity. 5.1 The quantity of Product shall be determined by the independent inspector at the time of receipt at the Terminal by gauging [Bidder] shore tanks before and after loading or, at Hawai‘i Electric Light’s option and expense, by use of a meter capable of measuring the volume discharged from the barge. The charges for the independent inspector shall be paid by Hawai‘i Electric Light unless otherwise specified in this Agreement.
5.2 Each barge delivery quantity of Product delivered to the Terminal shall be recorded on the independent inspector’s report. The independent inspector shall separately gauge the barge tanks upon the barge’s arrival at Hilo and/or Kawaihae harbor before and after loading and record such quantity on the report.
5.3 The Parties agree that if the measurement of Product received into or issued from the Terminal shore receiving tank is, in the opinion of the independent inspector, considered to have been rendered inaccurate for any reason including, but not limited to, operational constraints, physical loss of Product or inadvertent transfer of Product within the Terminal, then the quantity of Product delivered to the Terminal by way of barge delivery may be determined by the independent inspector’s recorded measurement of the barge tanks before and after discharge.
5.4 To the extent it is necessary to refill the pipeline with a fuel Product that existed in the pipeline immediately prior to each shipment of Hawai‘i Electric Light’s Product, including line flushes (“Line Displacement Stock”), Hawai‘i Electric Light shall pay the supplier of such Line Displacement Stock directly. When pipeline flushes are necessary and require manpower by [Bidder] the supplier of the Line Displacement Stock will make a reasonable effort to coordinate Terminal personnel to receive the Line Displacement Stock into the Terminal and perform the tank watch, tank gauging, and Product sampling.
5.5 Hawai‘i Electric Light shall not be invoiced for the quantity of Product loaded into Hawai‘i Electric Light’s tanker trucks. Such quantities are measured for recordkeeping purposes only. For truck loadings, the quantity of Product loaded into Hawai‘i Electric Light’s contracted tanker trucks shall be determined at the time of the loading of each such truck at the Terminal load rack based on the Terminal’s meters, converted to 60 degrees Fahrenheit by the Terminal’s automated rack control system as reflected on the Bills of Lading, or in the case of meter failure or abse...
