Common use of Failure of Meters Clause in Contracts

Failure of Meters. If, for any reason, the measuring equipment is out of service or out of repair so that the quantity of Gas delivered hereunder through such measuring equipment cannot be ascertained or computed from the readings thereof, the quantity of Gas so delivered during the period such equipment is out of service or out of repair shall be estimated and agreed upon by KMTP and COPANO upon the basis of the best available data, using the first of the following methods which is feasible: (a) By using the registration of any duplicate measuring equipment installed by the measuring party, if installed and registering correctly; (b) By using the registration of any check measuring equipment of the other party O, if installed and registered accurately; (c) By correcting the error if the percentage of error is ascertainable by calibration, test or mathematical calculation; (d) By estimating the quantity of deliveries by using the volumes delivered under similar conditions during preceding periods when the measuring equipment was registering accurately.

Failure of Meters. If, for any reason, the measuring equipment is out of service or out of repair so that the quantity of Gas delivered hereunder through such measuring equipment cannot be ascertained or computed from the readings thereof, the quantity of Gas so delivered during the period such equipment is out of service or out of repair shall be estimated and agreed upon by KMTP and COPANO upon the basis of the best available data, using the first of the following methods which is feasible: (a) By using the registration of any duplicate measuring equipment installed by the measuring party, if installed and registering correctly; (b) By using the registration of any check measuring equipment of the other party Oparty, if installed and registered accurately; (c) By correcting the error if the percentage of error is ascertainable by calibration, test or mathematical calculation; (d) By estimating the quantity of deliveries by using the volumes delivered under similar conditions during preceding periods when the measuring equipment was registering accurately.

Failure of Meters. If, for any reason, the measuring equipment is out of service or out of repair so that the quantity of Gas delivered hereunder through such measuring equipment cannot be ascertained or computed from the readings thereof, the quantity of Gas so delivered during the period such equipment is out of service or out of repair shall be estimated and agreed upon by KMTP and COPANO upon the basis of the best available data, using the first of the following methods which is feasible: (a) By using the registration of any duplicate measuring equipment installed by the measuring partyParty, if installed and registering correctly; (b) By using the registration of any check measuring equipment of the other party OParty, if installed and registered accurately; (c) By correcting the error if the percentage of error is ascertainable by calibration, test or mathematical calculation; (d) By estimating the quantity of deliveries by using the volumes delivered under similar conditions during preceding periods when the measuring equipment was registering accurately.

Failure of Meters. If, for any reason, the measuring equipment is out of service or out of repair so that the quantity of Gas delivered hereunder through such measuring equipment cannot be ascertained or computed from the readings thereof, the quantity of Gas so delivered during the period such equipment is out of service or out of repair shall be estimated and agreed upon by KMTP Eagle Ford and COPANO Customer upon the basis of the best available data, using the first of the following methods which is feasible: (a) By using the registration of any duplicate measuring equipment installed by the measuring partyParty, if installed and registering correctly; (b) By using the registration of any check measuring equipment of the other party OParty, if installed and registered accurately; (c) By correcting the error if the percentage of error is ascertainable by calibration, test or mathematical calculation; (d) By estimating the quantity of deliveries by using the volumes delivered under similar conditions during preceding periods when the measuring equipment was registering accurately.