Common use of Determination of Quantity and Quality Clause in Contracts

Determination of Quantity and Quality. Buyer shall supply, operate and maintain, or cause to be supplied, operated and maintained, suitable gauging devices for the LNG tanks of the LNG Ship, as well as pressure and temperature measuring devices and all other measurement or testing devices that are incorporated in the structure of such LNG Ship or customarily maintained on board ship. Seller shall supply, operate and maintain, or cause to be supplied, operated and maintained, devices required for collecting continuous samples and for determining quality and composition of the delivered LNG and all other measurement or testing devices that are necessary to perform the measurement and testing required hereunder at Seller’s Facilities. Each device provided for in this Paragraph C.23 shall be of a design that has been proven in service in an existing LNG trade, unless otherwise agreed by the Parties as provided below. Any devices provided for in this Paragraph C.23 not previously used in an existing LNG trade shall be chosen by agreement of the Parties and shall be such as are, at the time of selection, the most accurate and reliable in their practical application. The required degree of accuracy of such devices shall be agreed upon and verified by the Parties in advance of their use, and such degree of accuracy shall be verified by an independent surveyor or independent surveyors. All such devices shall be subject to approval by classification societies or by the appropriate governmental authority of the country in which the Discharge Port is located and/or the country in which the Loading Port is located, as applicable. The Parties shall cooperate closely in the design, selection and acquisition of devices to be used for measurements and tests under this Paragraph C.23 so that, as far as possible, measurements and tests may be conducted in either United States units of measurement or metric units of measurement. In the event that it becomes necessary to make measurements and tests using different systems or units of measurement, the Parties shall establish mutually agreed conversion tables. Measurement devices shall be calibrated in the United States units or metric units set out in the table below: Measurement United States Units Metric Units Volume: Standard Cubic Feet Cubic metres Temperature: Degrees Fahrenheit Degrees Celsius Pressure: (State whether absolute or gauge) Pounds per square Inch or inches of mercury Kilograms per square Centimetre, bars, millibars, kilopascals or millimetres of mercury Length: Feet Metres Weight: Pounds Kilograms Density: Pounds per cubic foot Kilograms per cubic metre Buyer shall furnish to Seller, or cause Seller to be furnished with, a certified copy of tank gauge tables as described in Paragraph F.30 for each tank of the LNG Ship. Volumes of LNG delivered at the Delivery Point pursuant to a Confirmation Notice shall be determined by gauging the LNG in the tanks of the LNG Ship(s) immediately before and after loading. Gauging the liquid in the tanks of the LNG Ship(s) and the measuring of liquid temperature, vapour temperature and vapour pressure in each LNG tank and the trim and list of the LNG Ship(s) and atmospheric pressure shall be performed, or caused to be performed, by Buyer before and after loading. Copies of gauging and measurement records shall be furnished to Seller, and in the absence of manifest error, shall be conclusive. Gauging devices shall be selected, and measurements shall be effected, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Xxxxxxxxxx X.00, X.00 and F.32. Representative samples of the LNG delivered at the Delivery Point shall be obtained or caused to be obtained by Seller and provided to Buyer in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.33. Such sample shall be analysed, or caused to be analysed by Seller, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 in order to determine the Btu content, the molar fraction of the hydrocarbons and other components in the sample. The quantity of Btus loaded at the Loading Port shall be calculated by Seller in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 and shall be verified by an independent surveyor or independent surveyors. All measurements, gauging and analyses provided for in Paragraphs C.23.6 to C.23.8 above shall be witnessed and verified by an independent surveyor or independent surveyors. Prior to effecting such measurements, gauging and analyses, the Party responsible for such operations shall notify the representative of the other Party and the independent surveyor(s), allowing such representative and independent surveyor(s) a reasonable opportunity to be present for all operations and computations; provided, however, that the absence of either or both of the representative of the other Party or the independent surveyor after notification and reasonable opportunity to attend shall not prevent any operation or computation from being performed. The results of the verifications by the independent surveyor(s) shall be made available promptly to each Party. All records of measurements and the computation results shall be preserved by the Party responsible for effecting such measurements and held available to the other relevant Party for a period of not less than one (1) year after such measurements and computations have been completed, or if longer until any dispute between the Parties relating in any way to such measurements and computations has been finally resolved (by agreement or arbitration or otherwise). Each relevant Party shall test and verify the accuracy of the applicable gauging devices at intervals to be agreed between the Parties. In the case of gauging devices on the LNG Ship(s), such tests and verifications shall take place during scheduled dry-docking periods. Each Party, at its own cost and risk, shall have the right to inspect at any time the gauging devices installed by the other Party, provided that the other Party shall be notified reasonably in advance. Testing shall be performed using methods recommended by the manufacturer or any other method agreed upon by Seller and Buyer. Tests shall be witnessed and verified by an independent surveyor or independent surveyors. Either Party shall have the right to have representatives present to witness measurements, sampling and testing of devices and LNG.

Appears in 2 contracts

Samples: Master LNG Sale and Purchase Agreement, Master LNG Sale and Purchase Agreement

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Determination of Quantity and Quality. Buyer Seller shall supply, operate and maintain, or cause to be supplied, operated and maintained, suitable gauging devices for the LNG tanks of the LNG Ship, as well as pressure and temperature measuring devices and all other measurement or testing devices that are incorporated in the structure of such LNG Ship or customarily maintained on board ship. Seller Buyer shall supply, operate and maintain, or cause to be supplied, operated and maintained, devices required for collecting continuous samples and for determining quality and composition of the delivered LNG and all other measurement or testing devices that are necessary to perform the measurement and testing required hereunder at SellerBuyer’s Facilities. Each device provided for in this Paragraph C.23 D.29 shall be of a design that has been proven in service in an existing LNG trade, unless otherwise agreed by the Parties as provided below. Any devices provided for in this Paragraph C.23 Xxxxxxxxx X.00 not previously used in an existing LNG trade shall be chosen by agreement of the Parties and shall be such as are, at the time of selection, the most accurate and reliable in their practical application. The required degree of accuracy of such devices shall be agreed upon and verified by the Parties in advance of their use, and such degree of accuracy shall be verified by an independent surveyor or independent surveyors. All such devices shall be subject to approval by classification societies or by the appropriate governmental authority of the country in which the Discharge Port is located and/or the country in which the Loading Port is located, as applicable. The Parties shall cooperate closely in the design, selection and acquisition of devices to be used for measurements and tests under this Paragraph C.23 D.29 so that, as far as possible, measurements and tests may be conducted in either United States units of measurement or metric units of measurement. In the event that it becomes necessary to make measurements and tests using different systems or units of measurement, the Parties shall establish mutually agreed conversion tables. Measurement devices shall be calibrated in the United States units or metric units set out in the table below: Measurement United States Units Metric Units Volume: Standard Cubic Feet Cubic metres Temperature: Degrees Fahrenheit Degrees Celsius Pressure: (State whether absolute or gauge) Pounds per square Inch or inches of mercury Kilograms per square Centimetre, bars, millibars, kilopascals or millimetres of mercury Length: Feet Metres Weight: Pounds Kilograms Density: Pounds per cubic foot Kilograms per cubic metre Buyer Seller shall furnish to SellerBuyer, or cause Seller Buyer to be furnished with, a certified copy of tank gauge tables as described in Paragraph F.30 for each tank of the LNG Ship. Volumes of LNG delivered at the Delivery Point pursuant to a the Confirmation Notice shall be determined by gauging the LNG in the tanks of the LNG Ship(s) immediately before and after loadingunloading. Gauging the liquid in the tanks of the LNG Ship(s) and the measuring of liquid temperature, vapour temperature and vapour pressure in each LNG tank and the trim and list of the LNG Ship(s) and atmospheric pressure shall be performed, or caused to be performed, by Buyer Seller before and after loadingunloading. Copies of gauging and measurement records shall be furnished to SellerBuyer, and in the absence of manifest error, shall be conclusive. Gauging devices shall be selected, and measurements shall be effected, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Xxxxxxxxxx X.00, X.00 and F.32. Representative samples of the LNG delivered at the Delivery Point shall be obtained or caused to be obtained by Seller Buyer and provided to Buyer Seller in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.33. Such sample shall be analysed, or caused to be analysed by SellerBuyer, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 in order to determine the Btu content, the molar fraction of the hydrocarbons and other components in the sample. The quantity of Btus loaded unloaded at the Loading Discharge Port shall be calculated by Seller Buyer in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 and shall be verified by an independent surveyor or independent surveyors. All measurements, gauging and analyses provided for in Paragraphs C.23.6 D.29.6 to C.23.8 D.29.8 above shall be witnessed and verified by an independent surveyor or independent surveyorssurveyor(s). Prior to effecting such measurements, gauging and analyses, the Party responsible for such operations shall notify the representative representatives of the other Party and the independent surveyor(s), allowing such representative and independent surveyor(s) a reasonable opportunity to be present for all operations and computations; provided, however, that the absence of either or both of the representative of the other Party or the independent surveyor surveyor(s) after notification and reasonable opportunity to attend shall not prevent any operation or computation from being performed. The results of the verifications by the independent surveyor(s) shall be made available promptly to each Party. All records of measurements and the computation results shall be preserved by the Party responsible for effecting such measurements and held available to the other relevant Party for a period of not less than one (1) year after such measurements and computations have been completed, or if longer until any dispute between the Parties relating in any way to such measurements and computations has been finally resolved (by agreement or arbitration or otherwise). Each relevant Party shall test and verify the accuracy of the applicable gauging devices at intervals to be agreed between the Parties. In the case of gauging devices on the LNG Ship(s), such tests and verifications shall take place during scheduled dry-docking periods. Each Party, at its own cost and risk, shall have the right to inspect at any time the gauging devices installed by the other Party, provided that the other Party shall be notified reasonably in advance. Testing shall be performed using methods recommended by the manufacturer or any other method agreed upon by Seller Buyer and BuyerSeller. Tests shall be witnessed and verified by an independent surveyor or independent surveyors. Either Party shall have the right to have representatives present to witness measurements, sampling and testing of devices and LNG.

Appears in 1 contract

Samples: Master LNG Sale and Purchase Agreement

Determination of Quantity and Quality. Buyer Seller shall supply, operate and maintain, or cause to be supplied, operated and maintained, suitable gauging devices for the LNG tanks of the LNG Ship, as well as pressure and temperature measuring devices and all other measurement or testing devices that are incorporated in the structure of such LNG Ship or customarily maintained on board ship. Seller Buyer shall supply, operate and maintain, or cause to be supplied, operated and maintained, devices required for collecting continuous samples and for determining quality and composition of the delivered LNG and all other measurement or testing devices that are necessary to perform the measurement and testing required hereunder at SellerBuyer’s Facilities. Each device provided for in this Paragraph C.23 D.28.7 shall be of a design that has been proven in service in an existing LNG trade, unless otherwise agreed by the Parties as provided below. Any devices provided for in this Paragraph C.23 D.28.7 not previously used in an existing LNG trade shall be chosen by agreement of the Parties and shall be such as are, at the time of selection, the most accurate and reliable in their practical application. The required degree of accuracy of such devices shall be agreed upon and verified by the Parties in advance of their use, and such degree of accuracy shall be verified by an independent surveyor or independent surveyors. All such devices shall be subject to approval by classification societies or by the appropriate governmental authority of the country in which the Discharge Port is located and/or the country in which the Loading Port is located, as applicable. The Parties shall cooperate closely in the design, selection and acquisition of devices to be used for measurements and tests under this Paragraph C.23 D.28.7 so that, as far as possible, measurements and tests may be conducted in either United States units of measurement or metric units of measurement. In the event that it becomes necessary to make measurements and tests using different systems or units of measurement, the Parties shall establish mutually agreed conversion tables. Measurement devices shall be calibrated in the United States units or metric units set out in the table below: Measurement United States Units Metric Units Volume: Standard Cubic Feet Cubic metres Temperature: Degrees Fahrenheit Degrees Celsius Pressure: (State whether absolute or gauge) Pounds per square Inch or inches of mercury Kilograms per square Centimetre, bars, millibars, kilopascals or millimetres of mercury Length: Feet Metres Weight: Pounds Kilograms Density: Pounds per cubic foot Kilograms per cubic metre Buyer Seller shall furnish to SellerBuyer, or cause Seller Buyer to be furnished with, a certified copy of tank gauge tables as described in Paragraph F.30 for each tank of the LNG Ship. Volumes of LNG delivered at the Delivery Point pursuant to a the Confirmation Notice shall be determined by gauging the LNG in the tanks of the LNG Ship(s) immediately before and after loadingunloading. Gauging the liquid in the tanks of the LNG Ship(s) and the measuring of liquid temperature, vapour temperature and vapour pressure in each LNG tank and the trim and list of the LNG Ship(s) and atmospheric pressure shall be performed, or caused to be performed, by Buyer Seller before and after loadingunloading. Copies of gauging and measurement records shall be furnished to SellerBuyer, and in the absence of manifest error, shall be conclusive. Gauging devices shall be selected, and measurements shall be effected, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Xxxxxxxxxx X.00, X.00 and F.32. Representative samples of the LNG delivered at the Delivery Point shall be obtained or caused to be obtained by Seller Buyer and provided to Buyer Seller in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.33. Such sample shall be analysed, or caused to be analysed by SellerBuyer, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 in order to determine the Btu content, the molar fraction of the hydrocarbons and other components in the sample. The quantity of Btus loaded unloaded at the Loading Discharge Port shall be calculated by Seller Buyer in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 and shall be verified by an independent surveyor or independent surveyors. All measurements, gauging and analyses provided for in Paragraphs C.23.6 D.29.6 to C.23.8 D.29.8 above shall be witnessed and verified by an independent surveyor or independent surveyorssurveyor(s). Prior to effecting such measurements, gauging and analyses, the Party responsible for such operations shall notify the representative representatives of the other Party and the independent surveyor(s), allowing such representative and independent surveyor(s) a reasonable opportunity to be present for all operations and computations; provided, however, that the absence of either or both of the representative of the other Party or the independent surveyor surveyor(s) after notification and reasonable opportunity to attend shall not prevent any operation or computation from being performed. The results of the verifications by the independent surveyor(s) shall be made available promptly to each Party. All records of measurements and the computation results shall be preserved by the Party responsible for effecting such measurements and held available to the other relevant Party for a period of not less than one (1) year after such measurements and computations have been completed, or if longer until any dispute between the Parties relating in any way to such measurements and computations has been finally resolved (by agreement or arbitration or otherwise). Each relevant Party shall test and verify the accuracy of the applicable gauging devices at intervals to be agreed between the Parties. In the case of gauging devices on the LNG Ship(s), such tests and verifications shall take place during scheduled dry-docking periods. Each Party, at its own cost and risk, shall have the right to inspect at any time the gauging devices installed by the other Party, provided that the other Party shall be notified reasonably in advance. Testing shall be performed using methods recommended by the manufacturer or any other method agreed upon by Seller Buyer and BuyerSeller. Tests shall be witnessed and verified by an independent surveyor or independent surveyors. Either Party shall have the right to have representatives present to witness measurements, sampling and testing of devices and LNG.

Appears in 1 contract

Samples: Master LNG Sale and Purchase Agreement

Determination of Quantity and Quality. Buyer shall supply, operate and maintain, or cause to be supplied, operated and maintained, suitable gauging devices for the LNG tanks of the LNG Ship, as well as pressure and temperature measuring devices and all other measurement or testing devices that are incorporated in the structure of such LNG Ship or customarily maintained on board ship. Seller shall supply, operate and maintain, or cause to be supplied, operated and maintained, devices required for collecting continuous samples and for determining quality and composition of the delivered LNG and all other measurement or testing devices that are necessary to perform the measurement and testing required hereunder at Seller’s Facilities. Each device provided for in this Paragraph C.23 C.7 shall be of a design that has been proven in service in an existing LNG trade, unless otherwise agreed by the Parties as provided below. Any devices provided for in this Paragraph C.23 C.7 not previously used in an existing LNG trade shall be chosen by agreement of the Parties and shall be such as are, at the time of selection, the most accurate and reliable in their practical application. The required degree of accuracy of such devices shall be agreed upon and verified by the Parties in advance of their use, and such degree of accuracy shall be verified by an independent surveyor or independent surveyors. All such devices shall be subject to approval by classification societies or by the appropriate governmental authority of the country in which the Discharge Port is located and/or the country in which the Loading Port is located, as applicable. The Parties shall cooperate closely in the design, selection and acquisition of devices to be used for measurements and tests under this Paragraph C.23 C.7 so that, as far as possible, measurements and tests may be conducted in either United States units of measurement or metric units of measurement. In the event that it becomes necessary to make measurements and tests using different systems or units of measurement, the Parties shall establish mutually agreed conversion tables. Measurement devices shall be calibrated in the United States units or metric units set out in the table below: Measurement United States Units Metric Units Volume: Standard Cubic Feet Cubic metres Temperature: Degrees Fahrenheit Degrees Celsius Pressure: (State whether absolute or gauge) Pounds per square Inch or inches of mercury Kilograms per square Centimetre, bars, millibars, kilopascals or millimetres of mercury Length: Feet Metres Weight: Pounds Kilograms Density: Pounds per cubic foot Kilograms per cubic metre Buyer shall furnish to Seller, or cause Seller to be furnished with, a certified copy of tank gauge tables as described in Paragraph F.30 F.1 for each tank of the LNG Ship. Volumes of LNG delivered at the Delivery Point pursuant to a Confirmation Notice shall be determined by gauging the LNG in the tanks of the LNG Ship(s) immediately before and after loading. Gauging the liquid in the tanks of the LNG Ship(s) and the measuring of liquid temperature, vapour temperature and vapour pressure in each LNG tank and the trim and list of the LNG Ship(s) and atmospheric pressure shall be performed, or caused to be performed, by Buyer before and after loading. Copies of gauging and measurement records shall be furnished to Seller, and in the absence of manifest error, shall be conclusive. Gauging devices shall be selected, and measurements shall be effected, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Xxxxxxxxxx X.00X.0, X.00 X.0 and F.32F.3. Representative samples of the LNG delivered at the Delivery Point shall be obtained or caused to be obtained by Seller and provided to Buyer in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.33F.4. Such sample shall be analysed, or caused to be analysed by Seller, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 F.5 in order to determine the Btu content, the molar fraction of the hydrocarbons and other components in the sample. The quantity of Btus loaded at the Loading Port shall be calculated by Seller in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 F.5 and shall be verified by an independent surveyor or independent surveyors. All measurements, gauging and analyses provided for in Paragraphs C.23.6 C.7.6 to C.23.8 C.7.8 above shall be witnessed and verified by an independent surveyor or independent surveyors. Prior to effecting such measurements, gauging and analyses, the Party responsible for such operations shall notify the representative of the other Party and the independent surveyor(s), allowing such representative and independent surveyor(s) a reasonable opportunity to be present for all operations and computations; provided, however, that the absence of either or both of the representative of the other Party or the independent surveyor after notification and reasonable opportunity to attend shall not prevent any operation or computation from being performed. The results of the verifications by the independent surveyor(s) shall be made available promptly to each Party. All records of measurements and the computation results shall be preserved by the Party responsible for effecting such measurements and held available to the other relevant Party for a period of not less than one (1) year after such measurements and computations have been completed, or if longer until any dispute between the Parties relating in any way to such measurements and computations has been finally resolved (by agreement or arbitration or otherwise). Each relevant Party shall test and verify the accuracy of the applicable gauging devices at intervals to be agreed between the Parties. In the case of gauging devices on the LNG Ship(s), such tests and verifications shall take place during scheduled dry-docking periods. Each Party, at its own cost and risk, shall have the right to inspect at any time the gauging devices installed by the other Party, provided that the other Party shall be notified reasonably in advance. Testing shall be performed using methods recommended by the manufacturer or any other method agreed upon by Seller Xxxxxx and BuyerXxxxx. Tests shall be witnessed and verified by an independent surveyor or independent surveyors. Either Party shall have the right to have representatives present to witness measurements, sampling and testing of devices and LNG.

Appears in 1 contract

Samples: Master LNG Sale and Purchase Agreement

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Determination of Quantity and Quality. 7.1 Buyer shall supply, operate and maintain, or cause to be supplied, operated and maintained, suitable gauging devices for the LNG tanks of the LNG ShipVessel, as well as pressure and temperature measuring devices and all other measurement or testing devices that are incorporated in the structure of such LNG Ship Vessel or customarily maintained on board ship. 7.2 Seller shall supply, operate and maintain, or cause to be supplied, operated and maintained, devices required for collecting continuous samples and for determining quality and composition of the delivered LNG and all other measurement or testing devices that are necessary to perform the measurement and testing required hereunder at Seller’s Facilities. 7.3 Each device provided for in this Paragraph C.23 Section 7 shall be of a design that has been proven in service in an existing LNG trade, unless otherwise agreed by the Parties as provided below. Any devices provided for in this Paragraph C.23 Section 7 not previously used in an existing LNG trade shall be chosen by agreement of the Parties and shall be such as are, at the time of selection, the most accurate and reliable in their practical application. The required degree of accuracy of such devices shall be agreed upon and verified by the Parties in advance of their use, and such degree of accuracy shall be verified by an independent surveyor or independent surveyors. All such devices shall be subject to approval by classification societies or by the appropriate governmental authority of the country in which the Discharge Port Unloading Location is located and/or the country in which the Loading Port Location is located, as applicable. 7.4 The Parties shall cooperate closely in the design, selection and acquisition of devices to be used for measurements and tests under this Paragraph C.23 Section 7 so that, as far as possible, measurements and tests may be conducted in either United States units of measurement or metric units of measurement. In the event that it becomes necessary to make measurements and tests using different systems or units of measurement, the Parties shall establish mutually agreed conversion tables. Measurement devices shall be calibrated in the United States units or metric units set out in the table below: . Measurement United States Units Metric Units Volume: Standard Cubic Feet Cubic metres Temperature: Degrees Fahrenheit Degrees Celsius Pressure: (State whether absolute or gauge) Pounds per square Inch inch or inches of mercury Kilograms per square Centimetre, bars, millibars, kilopascals or millimetres of mercury Length: Feet Metres Weight: Pounds Kilograms Density: Pounds per cubic foot Kilograms per cubic metre Buyer shall furnish to Seller, or cause Seller to be furnished with, a certified copy of tank gauge tables as described in Paragraph F.30 for each tank of the LNG Ship. Volumes of LNG delivered at the Delivery Point pursuant to a Confirmation Notice shall be determined by gauging the LNG in the tanks of the LNG Ship(s) immediately before and after loading. Gauging the liquid in the tanks of the LNG Ship(s) and the measuring of liquid temperature, vapour temperature and vapour pressure in each LNG tank and the trim and list of the LNG Ship(s) and atmospheric pressure shall be performed, or caused to be performed, by Buyer before and after loading. Copies of gauging and measurement records shall be furnished to Seller, and in the absence of manifest error, shall be conclusive. Gauging devices shall be selected, and measurements shall be effected, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Xxxxxxxxxx X.00, X.00 and F.32. Representative samples of the LNG delivered at the Delivery Point shall be obtained or caused to be obtained by Seller and provided to Buyer in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.33. Such sample shall be analysed, or caused to be analysed by Seller, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 in order to determine the Btu content, the molar fraction of the hydrocarbons and other components in the sample. The quantity of Btus loaded at the Loading Port shall be calculated by Seller in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 and shall be verified by an independent surveyor or independent surveyors. All measurements, gauging and analyses provided for in Paragraphs C.23.6 to C.23.8 above shall be witnessed and verified by an independent surveyor or independent surveyors. Prior to effecting such measurements, gauging and analyses, the Party responsible for such operations shall notify the representative of the other Party and the independent surveyor(s), allowing such representative and independent surveyor(s) a reasonable opportunity to be present for all operations and computations; provided, however, that the absence of either or both of the representative of the other Party or the independent surveyor after notification and reasonable opportunity to attend shall not prevent any operation or computation from being performed. The results of the verifications by the independent surveyor(s) shall be made available promptly to each Party. All records of measurements and the computation results shall be preserved by the Party responsible for effecting such measurements and held available to the other relevant Party for a period of not less than one (1) year after such measurements and computations have been completed, or if longer until any dispute between the Parties relating in any way to such measurements and computations has been finally resolved (by agreement or arbitration or otherwise). Each relevant Party shall test and verify the accuracy of the applicable gauging devices at intervals to be agreed between the Parties. In the case of gauging devices on the LNG Ship(s), such tests and verifications shall take place during scheduled dry-docking periods. Each Party, at its own cost and risk, shall have the right to inspect at any time the gauging devices installed by the other Party, provided that the other Party shall be notified reasonably in advance. Testing shall be performed using methods recommended by the manufacturer or any other method agreed upon by Seller and Buyer. Tests shall be witnessed and verified by an independent surveyor or independent surveyors. Either Party shall have the right to have representatives present to witness measurements, sampling and testing of devices and LNG.metre

Appears in 1 contract

Samples: Master LNG Sale and Purchase Agreement (New Fortress Energy LLC)

Determination of Quantity and Quality. Buyer Seller shall supply, operate and maintain, or cause to be supplied, operated and maintained, suitable gauging devices for the LNG tanks of the LNG Ship, as well as pressure and temperature measuring devices and all other measurement or testing devices that are incorporated in the structure of such LNG Ship or customarily maintained on board ship. Seller Buyer shall supply, operate and maintain, or cause to be supplied, operated and maintained, devices required for collecting continuous samples and for determining quality and composition of the delivered LNG and all other measurement or testing devices that are necessary to perform the measurement and testing required hereunder at SellerBuyer’s Facilities. Each device provided for in this Paragraph C.23 D.6 shall be of a design that has been proven in service in an existing LNG trade, unless otherwise agreed by the Parties as provided below. Any devices provided for in this Paragraph C.23 D.6 not previously used in an existing LNG trade shall be chosen by agreement of the Parties and shall be such as are, at the time of selection, the most accurate and reliable in their practical application. The required degree of accuracy of such devices shall be agreed upon and verified by the Parties in advance of their use, and such degree of accuracy shall be verified by an independent surveyor or independent surveyors. All such devices shall be subject to approval by classification societies or by the appropriate governmental authority of the country in which the Discharge Port is located and/or the country in which the Loading Port is located, as applicable. The Parties shall cooperate closely in the design, selection and acquisition of devices to be used for measurements and tests under this Paragraph C.23 D.6 so that, as far as possible, measurements and tests may be conducted in either United States units of measurement or metric units of measurement. In the event that it becomes necessary to make measurements and tests using different systems or units of measurement, the Parties shall establish mutually agreed conversion tables. Measurement devices shall be calibrated in the United States units or metric units set out in the table below: Measurement United States Units Metric Units Volume: Standard Cubic Feet Cubic metres Temperature: Degrees Fahrenheit Degrees Celsius Pressure: (State whether absolute or gauge) Pounds per square Inch or inches of mercury Kilograms per square Centimetre, bars, millibars, kilopascals or millimetres of mercury Length: Feet Metres Weight: Pounds Kilograms Density: Pounds per cubic foot Kilograms per cubic metre Buyer Seller shall furnish to SellerBuyer, or cause Seller Buyer to be furnished with, a certified copy of tank gauge tables as described in Paragraph F.30 F.1 for each tank of the LNG Ship. Volumes of LNG delivered at the Delivery Point pursuant to a the Confirmation Notice shall be determined by gauging the LNG in the tanks of the LNG Ship(s) immediately before and after loadingunloading. Gauging the liquid in the tanks of the LNG Ship(s) and the measuring of liquid temperature, vapour temperature and vapour pressure in each LNG tank and the trim and list of the LNG Ship(s) and atmospheric pressure shall be performed, or caused to be performed, by Buyer Seller before and after loadingunloading. Copies of gauging and measurement records shall be furnished to SellerBuyer, and in the absence of manifest error, shall be conclusive. Gauging devices shall be selected, and measurements shall be effected, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Xxxxxxxxxx X.00X.0, X.00 X.0 and F.32F.3. Representative samples of the LNG delivered at the Delivery Point shall be obtained or caused to be obtained by Seller Buyer and provided to Seller in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.4. Such sample shall be analysed, or caused to be analysed by Buyer, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.5 in order to determine the Btu content, the molar fraction of the hydrocarbons and other components in the sample. The quantity of Btus unloaded at the Discharge Port shall be calculated by Buyer in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.33. Such sample shall be analysed, or caused to be analysed by Seller, in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 in order to determine the Btu content, the molar fraction of the hydrocarbons and other components in the sample. The quantity of Btus loaded at the Loading Port shall be calculated by Seller in accordance with the procedures set forth in the Terminal Rules or, in the absence of such procedures, with the procedures set forth in Paragraph F.34 F.5 and shall be verified by an independent surveyor or independent surveyors. All measurements, gauging and analyses provided for in Paragraphs C.23.6 D.6.6 to C.23.8 D.6.8 above shall be witnessed and verified by an independent surveyor or independent surveyorssurveyor(s). Prior to effecting such measurements, gauging and analyses, the Party responsible for such operations shall notify the representative representatives of the other Party and the independent surveyor(s), allowing such representative and independent surveyor(s) a reasonable opportunity to be present for all operations and computations; provided, however, that the absence of either or both of the representative of the other Party or the independent surveyor surveyor(s) after notification and reasonable opportunity to attend shall not prevent any operation or computation from being performed. The results of the verifications by the independent surveyor(s) shall be made available promptly to each Party. All records of measurements and the computation results shall be preserved by the Party responsible for effecting such measurements and held available to the other relevant Party for a period of not less than one (1) year after such measurements and computations have been completed, or if longer until any dispute between the Parties relating in any way to such measurements and computations has been finally resolved (by agreement or arbitration or otherwise). Each relevant Party shall test and verify the accuracy of the applicable gauging devices at intervals to be agreed between the Parties. In the case of gauging devices on the LNG Ship(s), such tests and verifications shall take place during scheduled dry-docking periods. Each Party, at its own cost and risk, shall have the right to inspect at any time the gauging devices installed by the other Party, provided that the other Party shall be notified reasonably in advance. Testing shall be performed using methods recommended by the manufacturer or any other method agreed upon by Seller Xxxxx and BuyerSeller. Tests shall be witnessed and verified by an independent surveyor or independent surveyors. Either Party shall have the right to have representatives present to witness measurements, sampling and testing of devices and LNG.

Appears in 1 contract

Samples: Master LNG Sale and Purchase Agreement

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