MEASUREMENT, SAMPLING AND ANALYSIS Sample Clauses

MEASUREMENT, SAMPLING AND ANALYSIS. Section 8.1 The NGLs delivered hereunder shall be measured on a mass basis by means of mass measurement stations equipped with a turbine-type liquid meter(s), continuous composite sampler gated proportional to flow, a pressure transmitter, vibrating element densitometer, on-line flow computer, a back pressure controller, and a temperature transmitter, all generally accepted in the industry, and installed or caused to be installed and operated by Processor or Processor’s designee, at Processor’s expense; however, Customer, at Customer’s costs and expense, shall provide any necessary electrical power to operate such meter, sampler, transmitter, and any other concomitant equipment related to the measurement facility. The measurement facilities shall be capable of measuring the volume of NGLs delivered hereunder up to 1,440 psig. If at any time during the term hereof a new method or technique is developed with respect to liquid measurement, such new method or technique may be substituted for the methods set forth in this Agreement if mutually agreed upon by the parties. Mass measurement stations shall be installed, maintained, operated, and calibrated, and the mass of the hydrocarbon streams calculated, in accordance with the latest edition of the American Petroleum Institute (API) Manual of Petroleum Measurement Standards and the latest edition of the Gas Processors Association (GPA) Standards including, but not limited to the following: • API Chapter 1, Vocabulary; • API Chapter 4, Proving Systems: Section 2-Conventional Pipe Provers; Section 3-Small Volume Provers; • API Chapter 5, Metering: Section 3-Measurement of Liquid Hydrocarbon by Turbine Meters; Section 4-Accessory Equipment for Liquid Meters; • API Chapter 14, Natural Gas Fluids Measurement: Section 6-Continuous Density Measurement; Section 7-Mass Measurement of Natural Gas Liquids; Section 8-Liquefied Petroleum Gas Measurement; • GPA Standard 8182-Tentative Standard for the Mass Measurement of Natural Gas Liquids; • GPA Standard 2174-Obtaining Liquid Hydrocarbon Samples for Analysis by Gas Chromatography; • GPA Standard 2177-Analysis of Demethanized Hydrocarbon Liquid Mixtures Containing Nitrogen and Carbon Dioxide by Gas Chromatography; • GPA Standard 2186-Tentative Method for the Extended Analysis of Hydrocarbon Liquid Mixtures Containing Nitrogen and Carbon Dioxide by Temperature Programmed Gas Chromatography; • GPA Standard 2145-Physical Constants for Paraffin Hydrocarbons and Other Components...
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
MEASUREMENT, SAMPLING AND ANALYSIS. The measurement systems used to measure NGL’s delivered hereunder at the Delivery Points and the determination of volumes delivered at the Delivery Points shall be determined and implemented by the Pipelines, in accordance with their tariffs. 10. Inspection by KHLP & the Pipelines. NGL’s delivered hereunder shall be subject to the Pipelines’ and KHLP’s inspection, and rejection if such NGL’s fail to meet the quality standards required by this Agreement. The Failure of the Pipelines or KHLP to exercise its right of refusal from time to time shall not constitute a waiver of such right. 11.
Sample 1
MEASUREMENT, SAMPLING AND ANALYSIS. The measurement systems used to measure NGL’s delivered hereunder at the Delivery Points and the determination of volumes delivered at the Delivery Points shall be determined and implemented by the Pipelines, in accordance with their tariffs.
Sample 1
MEASUREMENT, SAMPLING AND ANALYSIS. 7.1 The quality of Propane and hydrocarbon components contained in the Propane delivered hereunder shall be determined by a recognized and reputable outside petroleum inspection firm selected by TEPPCO and Amerigas, with all costs of such firm to be borne equally between Amerigas and TEPPCO. The inspector's determination as to quality, quantity and components shall be conclusive and binding upon both parties. Representative samples of the Propane shall be taken from the tankship's tanks prior to unloading at the delivery point or if agreed to by TEPPCO, from line sampling devices from the onshore receiving lines if samples from the tankship's tanks are not available. TEPPCO shall have the
Sample 1
MEASUREMENT, SAMPLING AND ANALYSIS. 5.3.1 Confirmatory tests of the quantity of Product shipments shall be performed prior to delivery to Customer by an independent surveyor mutually acceptable to the Parties. All costs and expenses of such surveyor shall be paid by Customer. Confirmatory tests of the quality of Product shipments shall be performed prior to delivery to Customer by Producer’s PPQ lab. Quality of each shipment of Product shall be tested by taking representative samples (a) in the case of deliveries by tank car or tank truck, from Producer’s loading tanks prior to Producer loading the relevant tank car or tank truck, or (b) in the case of deliveries by ship, barge or other inland water or marine vessel, from the intake flange of the ship, barge or other inland water or marine vessel (and from the tanks thereof where appropriate) onto which such Product is loaded. Producer shall retain such samples for not less than three (3) months and shall provide Customer with access to such samples and all records maintained by Producer with respect thereto. Quantity of each shipment of Product shall be determined (i) in the case of deliveries by tank car or tank truck, by weighing such Product on certified scales at Producer’s Texas City Styrene Plant, or (ii) in the case of deliveries by ship, barge or other inland water or marine vessel, by taking the opening and closing inventory of Producer’s properly calibrated static shore tanks before and after each shipment is lifted. All quantities determined in this manner shall be conclusive for purposes of this Agreement unless proven to be in error by more than 0.5%. Customer’s sole remedy with respect to Customer’s loss on any Product delivered under this Agreement which does not conform with the Specifications shall be to require Producer to either (at Producer’s option) (i) reprocess such Product or (ii) refund the purchase price paid by Customer for the non-conforming Product.
Sample 1
MEASUREMENT, SAMPLING AND ANALYSIS. The measurement systems used to measure NGL's delivered hereunder shall be designed, installed and operated by Buyer or Buyer's designee, at Buyer's expense; however, Seller, at Seller's cost and expense, shall provide any necessary electrical power to Buyer's building to operate such meter, sampler and any other concomitant equipment. Buyer shall, insofar as Seller has the right to convey such rights, have a license and servitude on any leasehold or premises of Seller for installing, operating, and maintaining equipment necessary or reasonably desirable for Buyer to perform measurement services hereunder, with the right to remove the same before or within a reasonable time after the termination or expiration of this Agreement.
Sample 1

Related to MEASUREMENT, SAMPLING AND ANALYSIS

  • Sampling and Analysis The sampling and analysis of the coal shall be performed by Seller upon loading of the coal, and the results thereof shall be accepted and used as defining the quality and characteristics of the coal under this Agreement and as the Payment Analysis. All analyses shall be made in Seller’s laboratory at Seller’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its quality analysis to Buyer as soon as possible. Each sample taken by Seller shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Seller. One (1) part shall be used by Seller as a check sample, if Seller in its sole judgment determines it is necessary. One (1) part shall be retained by Seller until thirty (30) days after the sample is taken (“Disposal Date”), and shall be delivered to Buyer for analysis if Buyer so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Seller until the Disposal Date. Buyer, on reasonable notice to Seller, shall have the right to have a representative present to observe the sampling and analyses performed by Seller. Unless Buyer requests an analysis of the Referee Sample before the Disposal Date, Seller’s analysis shall be used to determine the quality of the coal under this Agreement and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Seller shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.

  • Quantitative Analysis Quantitative analysts develop and apply financial models designed to enable equity portfolio managers and fundamental analysts to screen potential and current investments, assess relative risk and enhance performance relative to benchmarks and peers. To the extent that such services are to be provided with respect to any Account which is a registered investment company, Categories 3, 4 and 5 above shall be treated as “investment advisory services” for purposes of Section 5(b) of the Agreement.”

  • Risk Analysis The Custodian will provide the Fund with a Risk Analysis with respect to Securities Depositories operating in the countries listed in Appendix B. If the Custodian is unable to provide a Risk Analysis with respect to a particular Securities Depository, it will notify the Fund. If a new Securities Depository commences operation in one of the Appendix B countries, the Custodian will provide the Fund with a Risk Analysis in a reasonably practicable time after such Securities Depository becomes operational. If a new country is added to Appendix B, the Custodian will provide the Fund with a Risk Analysis with respect to each Securities Depository in that country within a reasonably practicable time after the addition of the country to Appendix B.

  • Escrow Analysis If applicable, with respect to each Mortgage Loan, the Seller has within the last twelve months (unless such Mortgage was originated within such twelve month period) analyzed the required Escrow Payments for each Mortgage and adjusted the amount of such payments so that, assuming all required payments are timely made, any deficiency will be eliminated on or before the first anniversary of such analysis, or any overage will be refunded to the Mortgagor, in accordance with RESPA and any other applicable law;

  • Independent Analysis Each Party hereby confirms that its decision to execute this Agreement has been based upon its independent assessment of documents and information available to it, as it has deemed appropriate.

  • Research Analyst Independence The Company acknowledges that the Underwriters’ research analysts and research departments are required to be independent from their respective investment banking divisions and are subject to certain regulations and internal policies, and that such Underwriters’ research analysts may hold views and make statements or investment recommendations and/or publish research reports with respect to the Company and/or the offering that differ from the views of their respective investment banking divisions. The Company hereby waives and releases, to the fullest extent permitted by law, any claims that the Company may have against the Underwriters with respect to any conflict of interest that may arise from the fact that the views expressed by their independent research analysts and research departments may be different from or inconsistent with the views or advice communicated to the Company by such Underwriters’ investment banking divisions. The Company acknowledges that each of the Underwriters is a full service securities firm and as such from time to time, subject to applicable securities laws, may effect transactions for its own account or the account of its customers and hold long or short positions in debt or equity securities of the companies that may be the subject of the transactions contemplated by this Agreement.

  • Certain Calculations and Tests (a) Notwithstanding anything in this Agreement or any Loan Document to the contrary, when calculating any applicable ratio or determining other compliance with this Agreement (including the determination of compliance with any provision of this Agreement which requires that no Default or Event of Default has occurred, is continuing or would result therefrom) in connection with a Specified Transaction undertaken in connection with the consummation of a Limited Condition Acquisition, the date of determination of such ratio and determination of whether any Default or Event of Default has occurred, is continuing or would result therefrom or other applicable covenant shall, at the option of the Borrower (the Borrower’s election to exercise such option in connection with any Limited Condition Acquisition, an “LCA Election”), be deemed to be the date the definitive agreements for such Limited Condition Acquisition are entered into (the “LCA Test Date”) and if, after such ratios and other provisions are measured on a Pro Forma Basis after giving effect to such Limited Condition Acquisition and the other Specified Transactions to be entered into in connection therewith (including any incurrence of Indebtedness and the use of proceeds thereof) as if they occurred at the beginning of the four consecutive fiscal quarter period being used to calculate such financial ratio ending prior to the LCA Test Date, the Borrower could have taken such action on the relevant LCA Test Date in compliance with such ratios and provisions, such provisions shall be deemed to have been complied with. For the avoidance of doubt, (x) if any of such ratios are exceeded as a result of fluctuations in such ratio (including due to fluctuations in Consolidated EBITDA of the Borrower) at or prior to the consummation of the relevant Limited Condition Acquisition, such ratios and other provisions will not be deemed to have been exceeded as a result of such fluctuations solely for purposes of determining whether the Limited Condition Acquisition is permitted hereunder and (y) such ratios and other provisions shall not be tested at the time of consummation of such Limited Condition Acquisition or related Specified Transactions. If the Borrower has made an LCA Election for any Limited Condition Acquisition, then in connection with any subsequent calculation of any ratio or basket availability with respect to any other Specified Transaction on or following the relevant LCA Test Date and prior to the earlier of the date on which such Limited Condition Acquisition is consummated or the date that the definitive agreement for such Limited Condition Acquisition is terminated or expires without consummation of such Limited Condition Acquisition, any such ratio or basket shall be calculated on a Pro Forma Basis assuming such Limited Condition Acquisition and other transactions in connection therewith (including any incurrence of Indebtedness and the use of proceeds thereof) have been consummated; provided, that (other than solely with respect to the incurrence test under which such Limited Condition Acquisition is being made) Consolidated EBITDA, Consolidated Total Assets or assets and Consolidated Net Income of any target of such Limited Condition Acquisition can only be used in the determination of the relevant ratio and baskets if and when such Limited Condition Acquisition has closed.

Time is Money Join Law Insider Premium to draft better contracts faster.