Means of Measurement and Notice Sample Clauses

Means of Measurement and Notice to Cogen. Infineum shall be required to measure the quantity of Steam received by Infineum. Such measurement shall be determined by one or a combination of the following methods: A. Using the registration of any meter or meters of Infineum, if installed and accurately registering; or B. In the absence of an installed and accurately registering meter of Infineum, making a calibration test or mathematical calculation, if the percentage of error is ascertainable; or C. In the absence of both an installed and accurately registering meter of Infineum and an ascertainable percentage of error, estimating by reference to quantities measured during periods under similar conditions when Infineum's meter was registering accurately. Infineum shall repair and recalibrate any inaccurate meter in a timely manner; or D. In the absence of an ability to use any of the above methods of measurement, estimating by reference to Infineum's operating records for Infineum's Complex and Infineum's Technology Center for the period in question. Commencing on the first day of the second calendar month subsequent to the date Cogen first sells Steam to Infineum under this amended and restated Agreement, and thereafter on the first day of each calendar month during the term of this Agreement, Infineum shall determine the quantities of Steam delivered to Infineum during the immediately preceding calendar month, and notify Cogen in writing of such quantities on or before the seventh day of the month. Cogen shall have the right to verify the quantities of Steam delivered to Infineum by comparison to reports by Bayway Refining Company regarding the quantities of Steam delivered to Infineum. In the event of any discrepancy between the quantities of Steam delivered to Infineum as reported by Infineum and those reported by Bayway Refining Company, Cogen shall rely, for purposes of this Agreement, on Infineum's reported quantities pending reconciliation among Cogen, Infineum and Bayway Refining Company of the reported quantities. In the event that such reconciliation between the Infineum and Bayway Refining Company reported quantities results in a revision of the reported quantities of Steam delivered to Infineum, such revisions shall be reflected in an adjusted invoice pursuant to Article 7.1C of this Agreement.
Sample 1
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