Common use of Gradation Clause in Contracts

Gradation. Percents passing the given sieve sizes shall be as follows: Sieve Sizes Percent Passing ½ inch (12.5mm) 100 3/8 inch (9.5 mm) 95 - 100 No. 4 (4.75 mm) 20 - 90 No. 8 (2.36 mm) 10 - 60 No. 30 (0.60 mm) 0 - 15 When test results for the Sodium Chloride furnished exceed the gradation requirements above, adjustment points will be assessed as follows: Adjustment Points Sieve Size ½in. 3/8in. No.4 No.8 No.30 12.5mm 9.5mm 4.75mm 2.36mm 0.60mm For each 1.0% up to 3.0%Out of Tolerance 1.0 1.0 1.0 1.0 2.0 For each 1.0% > 3.0%Out of Tolerance 1.0 1.0 1.0 1.0 3.0 Gradation adjustment points for the quantity represented shall be the sum of points calculated for up to 3% out of tolerance and the points calculated for greater than 3% out of tolerance. Where Buyers determine that a sample does not meet specifications in chemical composition, moisture, and/or gradation, the following shall be the method of determining the final price per ton:

Gradation. Percents passing the given sieve sizes shall be as follows: Sieve Sizes Percent Passing ½ inch (12.5mm) 100 3/8 inch (9.5 mm) 95 - 100 No. 4 (4.75 mm) 20 - 90 No. 8 (2.36 mm) 10 - 60 No. 30 (0.60 mm) 0 - 15 When test results for the Sodium Chloride furnished exceed the gradation requirements above, adjustment points will be assessed as follows: Adjustment Points Sieve Size ½in. 3/8in. No.4 No.8 No.30 12.5mm 9.5mm 4.75mm 2.36mm 0.60mm For each 1.0% up to 3.0%Out 3.0% Out of Tolerance 1.0 1.0 1.0 1.0 2.0 For each 1.0% > 3.0%Out 3.0% Out of Tolerance 1.0 1.0 1.0 1.0 3.0 Gradation adjustment points for the quantity represented shall be the sum of points calculated for up to 3% out of tolerance and the points calculated for greater than 3% out of tolerance. Where Buyers determine that a sample does not meet specifications in chemical composition, moisture, and/or gradation, the following shall be the method of determining the final price per ton: a) First, tons eligible for payment shall be calculated as noted above in

Gradation. Percents passing the given sieve sizes shall be as follows: Sieve Sizes Percent Passing ½ inch (12.5mm) 100 3/8 inch (9.5 mm) 95 - 100 No. 4 (4.75 mm) 20 - 90 No. 8 (2.36 mm) 10 - 60 No. 30 (0.60 mm) 0 - 15 When test results for the Sodium Chloride furnished exceed the gradation requirements above, adjustment points will be assessed as follows: Adjustment Points Sieve Size ½in. 3/8in. No.4 No.8 No.30 12.5mm 9.5mm 4.75mm 2.36mm 0.60mm For each 1.0% up to 3.0%Out 3.0% Out of Tolerance 1.0 1.0 1.0 1.0 2.0 For each 1.0% > 3.0%Out 3.0% Out of Tolerance 1.0 1.0 1.0 1.0 3.0 Gradation adjustment points for the quantity represented shall be the sum of points calculated for up to 3% out of tolerance and the points calculated for greater than 3% out of tolerance. Where Buyers determine that a sample does not meet specifications in chemical composition, moisture, and/or gradation, the following shall be the method of determining the final price per ton: