MEASUREMENT, SAMPLING AND TESTING Sample Clauses

MEASUREMENT, SAMPLING AND TESTING. An independent inspection shall be carried out at the loading port by an independent inspector who is mutually acceptable to both Xxxxx and Seller. Seller and Xxxxx shall jointly appoint an independent inspector and all inspection charges shall be shared equally by both Parties and the inspector's report shall be made available to both Parties. The quantity of the Goods in each cargo shall be determined by measurement, sampling and testing in the manner customary at the loading port ex shore tanks. The quality is to be based on samples drawn ex shore tanks. The certificates of quantity and quality issued by the independent inspector with respect to the cargo loaded shall, except in cases of manifest error or fraud, be conclusive and binding on both Parties for invoicing purposes but without prejudice to the rights of either party to file a claim for quantity and/or quality.
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MEASUREMENT, SAMPLING AND TESTING. 8(1) Promptly after the completion of each loading of an LNG Ship at the Loading Port for a delivery under this Agreement, Seller shall notify Buyer, for operational purposes, by facsimile, of the quantity of LNG loaded, including its Gross Heating Value (Volume Based), hydrocarbon composition, density and trace levels. 8(2) The volume in cubic meters of LNG of each shipment shall be measured at the Delivery Point by or on behalf of Seller following the procedures described in Schedule B. Seller shall, within twenty-four (24) hours following the completion of unloading, notify Buyer of the volume of LNG unloaded (the “EX-SHIP Certificate of Volume on Unloading”). 8(3) The Gross Heating Value (Volume Based) of the LNG in each cargo shall be determined on unloading by the operator of the LNG Receiving Facilities of the Discharge Port by the method described in Schedule B. Buyer shall, within forty-eight (48) hours following the completion of unloading, notify Seller of the quality (the “EX-SHIP Certificate of Quality on Unloading”), or cause it to be notified to Seller. Buyer shall collect two (2) spot samples and retain samples for a period of at least thirty (30) Days after Buyer’s notification. 8(4) Buyer shall calculate the Quantity Delivered or cause it to be calculated, using the results derived from the procedures specified in Sub-Clauses 8(2) and 8(3), and the method described in Schedule B. Buyer shall promptly notify such Quantity Delivered or cause it to be notified to the Seller. Such notification shall include all data and documents necessary to support the calculation of the Quantity Delivered. 8(5) Either Party may have at its sole risk and cost a representative present to witness the measurement, sampling and testing of LNG. 8(6) The Parties shall appoint a mutually acceptable Independent Surveyor to witness the unloading of each cargo of LNG and the calculation of the Quantity Delivered. Such Independent Surveyor shall be qualified by education, experience and training to monitor such LNG activity. The cost to engage such Independent Surveyor shall be equally shared by Seller and Buyer. 8(7) If, as to the results obtained pursuant to Sub-Clauses 8(2), 8(3) or 8(4), either Party notifies a disagreement to the other Party, then the Parties shall jointly appoint an Expert. Such person shall be qualified by education, experience and training to determine the matter in dispute. Such person shall be required to fully disclose any interest or duty ...
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MEASUREMENT, SAMPLING AND TESTING a) The quantity of STIL Product discharged and ICI Product loaded shall be that discharged or loaded at the place of delivery and shall be based on North Tees Works port meter measurements in accordance with API MPMS Chapter 5 or in the absence of port meters, the meters of any delivering or receiving vessels. Meters shall be proved on each delivery in accordance with API MPMS Chapter 4, except as set forth below. b) The quantity and quality of products shall be determined at the place of delivery by an independent Inspector instructed in accordance with the Agreement and who is satisfactory to both ICI and STIL. Unless otherwise agreed STIL will appoint and instruct the Inspector and the charges of the Inspector to so act shall be shared equally between ICI and STIL. Any charges of the Inspector for performing duties not specified in the Agreement will be for the account of the party so instructing the Inspector. c) The Inspector shall be instructed to issue and send a telex, cable or facsimile showing the quantity and quality of products discharged and/or loaded to STIL and ICI immediately upon completion of discharge or loading of the products and then issue, sign and send the Certificate of Quantity and Quality showing the quantity and quality of products to ICI and STIL as soon as possible thereafter. The Certificate of Quantity and Quality issued shall state the methodology and show the calculations used to determine the quantity and quality of products. d) The results of measurement, sampling and testing as evidenced by the Inspector's certificate shall, for the purposes of this Agreement, be treated as conclusive as to the quantity and quality of products dis charged or loaded, save for fraud or manifest error. e) ICI shall ensure that both the Inspector and STIL's representative has full access to any part of the products handling or storage facilities deemed necessary by the Inspector or STIL's representative in order to determine the quantity and quality of the products discharged or loaded. The Inspector shall take and retain two sealed, labelled and dated samples from vessel tanks, discharging or loading line and receiving tanks for each grade of products delivered under this Agreement. f) On every occasion the Inspector takes any other samples in accordance with the methodology and procedures described in this Agreement, the Inspector shall take two further samples which shall be sealed, labelled, dated and retained. STIL, ICI or their respec...
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MEASUREMENT, SAMPLING AND TESTING. 7(1) The Buyer shall install, maintain and operate or cause to be installed, maintained and operated in the LNG Vessel suitable and necessary equipment and devices for the purpose of measuring the volume of LNG delivered. Such equipment and devices are including but not limited to the LNG Vessel’s Custody Transfer Measurement System (“CTMS”). The Seller shall install, maintain and operate or cause to be installed, maintained and operated the necessary equipment and devices for the purpose of collecting the samples, analyzing the composition and testing for impurities of LNG loaded to the LNG Vessel. 7(2) Before and after loading, the Seller shall measure the volume of LNG in each cargo tank unloaded at the Delivery Point in accordance with the LNG Vessel's CTMS and associated documentation according to the handbook 'LNG Custody Transfer' published by GIIGNL (third edition 2010). 7(3) The Seller shall promptly give notification to the Buyer of the result of the measurement carried out in accordance with Sub-Clause 7(2) (“Loaded Volume Certificate”). 7(4) Subject to any agreement reached by the Parties under Clause 4, the Seller shall carry out or cause to be carried out the sampling and analysis of each cargo of LNG loaded in accordance with the method and procedure agreed by the Parties as detailed in Annex B. 7(5) The Seller shall promptly give notification to the Buyer of the results of the analysis carried out in accordance with Sub-Clause 7(4) (“Quality Certificate”). 7(6) Sample bottle shall be retained for [ ] days by the Seller except in case any dispute arises with respect to that analysis. In such case, the sample bottle shall be further retained until the dispute is finally resolved. 7(7) Not less than one week before the LNG Vessel is to arrive at the Loading Port, the Parties shall jointly appoint an independent surveyor (the “Independent Surveyor”) to witness and verify the measurement, sampling and testing of LNG. Such Independent Surveyor shall be qualified by education, experience and training to monitor such LNG activity. Neither Party shall unreasonably withhold consent to appointment of an Independent Surveyor proposed by the other Party. Either Party may have a representative present, in addition, to witness the measurement, sampling and testing of LNG. Prior to effecting such measurements, gauging and analyses, the Party responsible for such operations shall notify the representatives of the other Party and the Independent Surveyor, al...
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MEASUREMENT, SAMPLING AND TESTING. SECTION 8.1 A mutually agreed upon independent petroleum inspector (Independent Inspector) shall attend every Product Delivery. A Delivery is defined as beginning with the initiation of pumping of each of Diesel or Fuel Oil from SELLER's refinery tank or nominated issuing tank to BUYER's nominated vessel and ending with the subsequent cessation of continuous pumping of Diesel or Fuel Oil in such amount as is determined by the Independent Inspector's Certificate of Quantity. Reasonable charges rendered by the Independent Inspector shall be borne equally by BUYER and SELLER. SECTION 8.2 Quantity determination will be made by the Independent Inspector gauging SELLER's Product shore tanks before and after delivery. BUYER may verify SELLER's tank strapping tables at BUYER's election and sole expense.
Sample 1
MEASUREMENT, SAMPLING AND TESTING. B.1 In respect of each Nomination the quantity and quality of the REBCO delivered shall be determined by measurement, sampling and testing in the manner customary at the Delivery Point which shall include testing that enables a quantity net of BS&W to be calculated. The quantity and quality so determined shall be stated on the DAA for that REBCO and the results of measurement, sampling and testing obtained at the Delivery Point in accordance with this Clause shall be treated, in the absence of fraud or manifest error, as conclusive and binding as to the quantity and quality of the oil delivered.
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MEASUREMENT, SAMPLING AND TESTING. SECTION 8.1: INDEPENDENT INSPECTION ----------------------------------- All samples, measurements and determinations samples shall be drawn, taken and made, respectively, with respect to every Delivery and any other provision of this Contract shall be under the supervision of the Independent Inspector, who shall attend every Product Delivery. Reasonable charges for services rendered by the Independent Inspector shall be borne equally by BUYER and SELLER.
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MEASUREMENT, SAMPLING AND TESTING. Buyer shall cause to be supplied, operated and maintained equipment for accurately gauging the level of liquid and liquid temperature in the tanks of the LNG Ship. Seller shall cause to be supplied, operated and maintained all equipment, instruments and devices used for the sampling of and for the determination of the density, quality and composition of the LNG loaded.
Sample 1
MEASUREMENT, SAMPLING AND TESTING. The procedures and guidelines specified in this Exhibit D shall be used to determine the quantity of LNG delivered pursuant to a Confirmation. Where the Terminal Rules contradict this Exhibit D then the Terminal Rules shall prevail only to the extent necessary to facilitate use of the measurement equipment installed and regularly used at the Terminal and not in respect of Section 5 (Determination of BTU Quantity of LNG Delivered) of this Exhibit D. Throughout this Exhibit, reference to “Party A” shall be Buyer in case of an FOB delivery or Seller in the case of a DES delivery and reference to “Party B” shall be Seller in the case of an FOB delivery or Buyer in the case of a DES delivery.
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Related to MEASUREMENT, SAMPLING AND TESTING

  • Performance Testing 7.2.1 The Design-Builder shall direct and supervise the tests and, if necessary, the retests of the Plant using Design-Builder’s supervisory personnel and the Air Emissions Tester shall conduct the air emissions test, in each case, in accordance with the testing procedures set forth in Exhibit A (the “Performance Tests”), to demonstrate, at a minimum, compliance with the Performance Guarantee Criteria. Owner is responsible for obtaining Air Emissions Tester and for ensuring Air Emissions Tester’s timely performance. Design-Builder shall cooperate with the Air Emissions Tester to facilitate performance of all air emissions tests. Design-Builder shall not be held responsible for the actions of Owner’s employees and third parties involved in the Performance Testing, including but not limited to Air Emissions Tester. 7.2.2 No later than thirty (30) Days prior to the earlier of the Scheduled Substantial Completion Date or Substantial Completion, Design-Builder shall provide to Owner for review a detailed testing plan for the Performance Tests (other than for air emissions). Owner and Design-Builder shall agree upon a testing plan that shall be consistent with the Performance Test Protocol contained in Exhibit A hereto. After such agreement has been reached, Design-Builder shall notify the Owner five (5) business days prior to the date Design-Builder intends to commence the Performance Tests and shall notify the Owner upon commencement of the Performance Tests. Owner and Independent Engineer each have the right to witness all testing, including the Performance Tests and any equipment testing, whether at the Site or at the Subcontractor’s or equipment supplier’s premises during the course of this Agreement. Notwithstanding the foregoing sentence, Owner shall bear the costs of providing a witness to any such testing and all such witnesses shall comply at all times with Design-Builder’s, Subcontractor’s or equipment supplier’s safety and security procedures and other reasonable requirements, and otherwise conduct themselves in a manner that does not interfere with Design-Builder’s, Subcontractor’s or equipment supplier’s activities or operations. 7.2.3 Design-Builder shall provide to Owner a Performance Test report (excluding results from air emissions testing), including all applicable test data, calculations and certificates indicating the results of the Performance Tests and, within five (5) business days of Owner’s receipt of such results, Owner, Independent Engineer and Design-Builder will jointly inspect such Work and review the results of the Performance Tests to verify that the Performance Guarantee Criteria have been met. If Owner or Independent Engineer reasonably determines that the Performance Guarantee Criteria have not been met, Owner shall notify Design-Builder the reasons why Owner determined that the Performance Guarantee Criteria have not been met and Design-Builder shall promptly take such action or perform such additional work as will achieve the Performance Guarantee Criteria and shall issue to the Owner another notice in accordance with Section 7.2.2; provided however that if the notice relates to a retest, the notice may be provided no less than two (2) business days prior to the Performance Tests. Such procedure shall be repeated as necessary until Owner and Independent Engineer verifies that the Performance Guarantee Criteria have been met. 7.2.4 If Owner, for whatever reason, prevents Design-Builder from demonstrating the Performance Guarantee Criteria within thirty (30) Days of Design-Builder’s notice that the Plant is ready for Performance Testing, then Design-Builder shall be excused from demonstrating compliance with the Performance Guarantee Criteria during such period of time that Design-Builder is prevented from demonstrating compliance with the Performance Guarantee Criteria; provided however that Design-Builder will be deemed to have fulfilled all of its obligations to demonstrate that the Plant meets the Performance Guarantee Criteria should such period of time during which Design-Builder is prevented from demonstrating the Performance Criteria exceed thirty (30) Days or extend beyond the Final Completion Date.

  • Meter Testing Company shall provide at least twenty-four (24) hours' notice to Seller prior to any test it may perform on the revenue meters or metering equipment. Seller shall have the right to have a representative present during each such test. Seller may request, and Company shall perform, if requested, tests in addition to the every fifth-year test and Seller shall pay the cost of such tests. Company may, in its sole discretion, perform tests in addition to the fifth year test and Company shall pay the cost of such tests. If any of the revenue meters or metering equipment is found to be inaccurate at any time, as determined by testing in accordance with this Section 10.2 (Meter Testing), Company shall promptly cause such equipment to be made accurate, and the period of inaccuracy, as well as an estimate for correct meter readings, shall be determined in accordance with Section 10.3 (Corrections).

  • Drug Testing (A) The state and the PBA agree to drug testing of employees in accordance with section 112.0455, F.S., the Drug-Free Workplace Act. (B) All classes covered by this Agreement are designated special risk classes for drug testing purposes. Special risk means employees who are required as a condition of employment to be certified under Chapter 633 or Chapter 943, F.S. (C) An employee shall have the right to grieve any disciplinary action taken under section 112.0455, the Drug-Free Workplace Act, subject to the limitations on the grievability of disciplinary actions in Article 10. If an employee is not disciplined but is denied a demotion, reassignment, or promotion as a result of a positive confirmed drug test, the employee shall have the right to grieve such action in accordance with Article 6.

  • Random Testing Notwithstanding any provisions of the Collective Agreement or any special agreements appended thereto, section 4.6 of the Canadian Model will not be applied by agreement. If applied to a worker dispatched by the Union, it will be applied or deemed to be applied unilaterally by the Employer. The Union retains the right to grieve the legality of any imposition of random testing in accordance with the Grievance Procedure set out in this Collective Agreement.

  • Follow-up Testing An employee shall submit to unscheduled follow-up drug and/or alcohol testing if, within the previous 24-month period, the employee voluntarily disclosed drug or alcohol problems, entered into or completed a rehabilitation program for drug or alcohol abuse, failed or refused a preappointment drug test, or was disciplined for violating the provisions of this Agreement and Employer work rules. The Employer may require an employee who is subject to follow-up testing to submit to no more than six unscheduled drug or alcohol tests within any 12 month period.

  • Evaluation, Testing, and Monitoring 1. The System Agency may review, test, evaluate and monitor Grantee’s Products and services, as well as associated documentation and technical support for compliance with the Accessibility Standards. Review, testing, evaluation and monitoring may be conducted before and after the award of a contract. Testing and monitoring may include user acceptance testing. Neither the review, testing (including acceptance testing), evaluation or monitoring of any Product or service, nor the absence of review, testing, evaluation or monitoring, will result in a waiver of the State’s right to contest the Grantee’s assertion of compliance with the Accessibility Standards. 2. Grantee agrees to cooperate fully and provide the System Agency and its representatives timely access to Products, records, and other items and information needed to conduct such review, evaluation, testing, and monitoring.

  • Laboratory Testing All laboratories selected by UPS Freight for analyzing Controlled Substances Testing will be HHS certified.

  • Random Drug Testing All employees covered by this Agreement shall be subject to random drug testing in accordance with Appendix D.

  • Performance Tests Contractor shall perform Performance Tests in accordance with Section 11.2 of the Agreement and Attachment S.

  • ODUF Testing 6.6.1 Upon request from TWTC, AT&T shall send ODUF test files to TWTC. The Parties agree to review and discuss the ODUF file content and/or format. For testing of usage results, AT&T shall request that TWTC set up a production (live) file. The live test may consist of TWTC’s employees making test calls for the types of services TWTC requests on ODUF. These test calls are logged by TWTC, and the logs are provided to AT&T. These logs will be used to verify the files. Testing will be completed within thirty (30) days from the date on which the initial test file was sent.

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