Common use of MEASURING EQUIPMENT Clause in Contracts

MEASURING EQUIPMENT. (A) Authority shall furnish, install, operate and maintain at its own expense the necessary metering equipment of standard type for measuring properly the quantity of water delivered under this agreement. Such metering equipment shall be located on the Authority’s supply main at a location already designated by Authority. Such meter or meters and other equipment so installed shall remain the property of Authority. The reading, calibration and adjustment of the meter equipment shall be done only by the employees or agents of the Authority. However, the Wholesale Customer shall have access to such metering equipment at all reasonable times. For the purpose of this Agreement, the original record or reading of the main meter shall be the journal or other record book of the Authority in its office in which the records of the employees or agents of the Authority who take the reading are or may be transcribed. Upon written request of Wholesale Customer, the Authority will give the Wholesale Customer a copy of such journal or record book, or permit the representative designated by Wholesale Customer Council’s resolution to have access to the same in the office of the Authority during reasonable business hours. (B) Not more than once in each calendar year, on a date as near the end of the Authority’s fiscal year as practical, the Authority shall calibrate its main meter or meters and present to the Wholesale Customer accuracy certification. This calibration shall be performed in the presence of a representative of Wholesale Customer, and the parties shall jointly observe any adjustments which are made to the meter in case any adjustments shall be necessary, and if the check meter hereinafter provided for has been installed, the same shall also be calibrated in the presence of a representative of the Wholesale Customer and the parties shall jointly observe any adjustments which are made to the meter in case any adjustments shall be necessary. The Authority shall give Wholesale Customer notice of the time when any such calibration is to be made. If a representative of Wholesale Customer is not present at the time set, the Authority may proceed with calibration and adjustment in the absence of any representative of the Wholesale Customer. (C) If either party at any time observes a variation between a main delivery meter and the check meter, if any such check meter shall be installed, such party will promptly notify the other party, and the meters shall then be adjusted to accuracy. Each party shall give the other party forty-eight (48) hours’ notice of the time of any test of meter so that the other party may conveniently have a representative present. (D) If, upon any test, the percentage of inaccuracy of metering equipment is found to be in excess of two percent (2%), registration thereof shall be corrected for a period extending back to the time when such inaccuracy began, if such time is ascertainable, and if such time is not ascertainable, then for a period extending back one-half (½) of the time elapsed since the last date of calibration, but in no event farther back than a period of six (6) months. If, for any reason, the main meter is out of service or out of repair so that the amount of water delivered cannot be ascertained or computed from the reading thereof, the water delivered, through the period such meter is out of service or out of repair, shall be estimated and agreed upon by the parties thereto upon the basis of the best data available. For such purpose, the best data available shall be deemed to be the registration of any check meter if the same has been installed and is accurately registering. Otherwise, the amount of water delivered during such period may be estimated (i) by correcting the error if the percentage of error is ascertainable by calibration tests of mathematical calculation, or (ii) by estimating the quantity of delivery by deliveries during the preceding periods under similar conditions when the meter was registering accurately. (E) The Wholesale Customer may, at its option and its own expense, install and operate a check meter to check the meter installed by the Authority, but the measurement of water for the purpose of this agreement shall be solely by the Authority’s meter, except in the cases hereinabove specifically provided to the contrary. Such check meter shall be of standard make and shall be subject at all reasonable times to inspection and examination by any employee or agent of the Authority, but the reading, calibration and adjustment thereof shall be made only by the Wholesale Customer, except during any period when a check meter may be used under the provisions hereof for measuring the amount of water delivered, in which case the reading, calibration, and adjustment thereof shall be made by the Authority with like effect as if such check meter had been furnished or installed by the Authority.

Appears in 3 contracts

Samples: Water Supply Contract, Water Supply Contract, Water Supply Contract

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MEASURING EQUIPMENT. (A) Authority shall furnish1. Seller will maintain and operate, installat Its own, operate expense and maintain at its own expense the necessary metering equipment point of standard type for measuring properly the quantity delivery of water delivered under this agreement. Such metering equipment shall be located on the Authority’s supply main at gas hereunder, a location already designated by Authority. Such meter or meters and other necessary equipment so installed by which the volume of gas delivered hereunder shall be measured. Such meters and equipment shall remain the property of Authoritythe Seller. 2. The readingXxxxx agrees to furnish to Seller electricity for operating Seller's meters, calibration at not cost to Seller. 3. Xxxxx agrees to change the charts on Xxxxxx's meters at no cost to Seller and adjustment forward same to Seller. 4. Buyer hereby grants to Seller suitable rights-of-way and easements necessary or Incidental, for the Installation, maintenance, operation and removal of pipeline and other facilities together with rights of ingress thereto and egress there from at all times and hereby agrees to deliver to Seller, for the meter sum of one dollar ($1 .00), an appropriate Instrument or grant defining such rights and easements located on Buyer's plant site. 5. Buyer may Install, maintain and operate such check measuring including a recording gravltometer and calorimeter as it shall desire, provided that such equipment shall be done only by so Installed so as not to interfere with the employees operation of Seller's measuring equipment at or agents near the point of the Authoritydeliver. However, all xxxxxxxx to the Wholesale Customer Buyer shall be based on the metering of the Seller, subject only to the provisions of Paragraph 8 of this Article. 6. Each party shall have access to such metering equipment at all reasonable times. For the purpose of this Agreement, the original record or reading of the main meter shall be the journal or other record book of the Authority in its office in which the records of the employees or agents of the Authority who take the reading are or may be transcribed. Upon written request of Wholesale Customer, the Authority will give the Wholesale Customer a copy of such journal or record book, or permit the representative designated by Wholesale Customer Council’s resolution to have access to the same in the office of the Authority during reasonable business hours. (B) Not more than once in each calendar year, on a date as near the end of the Authority’s fiscal year as practical, the Authority shall calibrate its main meter or meters and present to the Wholesale Customer accuracy certification. This calibration shall be performed in the presence of a representative of Wholesale Customer, and the parties shall jointly observe any adjustments which are made to the meter in case any adjustments shall be necessary, and if the check meter hereinafter provided for has been installed, the same shall also be calibrated in the presence of a representative of the Wholesale Customer and the parties shall jointly observe any adjustments which are made to the meter in case any adjustments shall be necessary. The Authority shall give Wholesale Customer notice of the time when any such calibration is right to be made. If a representative of Wholesale Customer is not present at the time set, the Authority may proceed with calibration and adjustment in the absence of any representative of Installing, reading, cleaning, changing, repalring,lnspecting, testing, calibrating, or adjusting done In connection with the Wholesale Customer. (C) If either other's measuring equipment used In measuring deliveries hereunder and each party at any time observes a variation between a main delivery meter and the check meter, if any such check meter shall be installed, such party will promptly notify advise the other party, and the meters shall then be adjusted to accuracy. Each party shall give the other party forty-eight (48) hours’ notice of the time of any test of meter so Intended major maintenance operation sufficiently In advance in order that the other party may conveniently have a Its representative present. . (D) If, upon any test, the percentage 7. All installation of inaccuracy of metering equipment is found measuring applying to be in excess of two percent (2%), registration thereof shall be corrected for a period extending back to the time when such inaccuracy began, if such time is ascertainable, and if such time is not ascertainable, then for a period extending back one-half (½) of the time elapsed since the last date of calibration, but in no event farther back than a period of six (6) months. If, for any reason, the main meter is out of service or out of repair so that the amount of water delivered cannot be ascertained or computed from the reading thereof, the water delivered, through the period such meter is out of service or out of repaireffecting deliveries hereunder, shall be estimated and agreed upon by the parties thereto upon the basis made In such manner as to permit an accurate determination of the best data availablequantity of gas delivered and ready verification of the accuracy of measurement Orifice meter installations, if used, shall conform to the recommendation for design and Installation contained In the Gas Measurement COmmittee Report No.3 to the American Gas Association published April, 1955, and any modifications and amend menta thereof and shall include the use of flange connections. 8. For such purpose, the best data available Measurement on Seller's meter or meters shall be deemed conclusive of both parties except where the meter Is defective or falls to register, or If found In error, In either of which case shall repair or replace the meter and the quantity of gas delivered while the meter was out of order or failed to register shall be estimated: (a) By using the registration of any check meter if the same has been installed Installed and is accurately registering. Otherwise, or, In the amount absence of water delivered during such period may be estimated (ia): (b) by By correcting the error if If the percentage of error is ascertainable by calibration tests of calibration, test or mathematical calculation, or or, in the absence of both (iia) by and (b) then: (c) By estimating the quantity of delivery by from deliveries during the preceding periods under similar conditions when the meter was registering accurately. (E) The Wholesale Customer may, at its option ; and its own expense, install and operate a check meter to check the meter installed by the Authority, but the measurement of water for the purpose of this agreement shall be solely by the Authority’s meter, except in the cases hereinabove specifically provided to the contrary. Such check meter shall be of standard make and shall be subject at all reasonable times to inspection and examination by any employee or agent of the Authority, but the reading, calibration and an appropriate billing adjustment thereof shall be made only in accordance with the current Rules and Regulations governing gas systems Issued by the Wholesale Customer, except during any period when a check meter may be used under Commission. 9. Seller will maintain Its meters in good order and to this end will make periodic tests of its meters pursuant to the provisions hereof for measuring the amount of water delivered, in which case the reading, calibration, current Rules and adjustment thereof shall be made Regulations governing gas systems issued by the Authority Commission, or at such shorter Intervals as seem to Seller desirable. If Buyer Is dissatisfied with like effect the accuracy at any time, It may call upon Seller to have the meter tested in accordance with all regulations relating to such tests and results of such tests as if such check meter had been furnished or installed found In the current Rules and Regulations governing gas systems issued by the AuthorityCommission. 10. Each party shall preserve all records for aperiod of at least two (2) years.

Appears in 1 contract

Samples: Gas Company Contract

MEASURING EQUIPMENT. (A) Authority shall furnish1. Seller will maintain and operate, install, operate and maintain at its own own, expense and at the necessary metering equipment point of standard type for measuring properly the quantity delivery of water delivered under this agreement. Such metering equipment shall be located on the Authority’s supply main at gas hereunder, a location already designated by Authority. Such meter or meters and other necessary equipment so installed by which the volume of gas delivered hereunder shall be measured. Such meters and equipment shall remain the property of Authoritythe Seller. 2. The readingXxxxx agrees to furnish to Seller for operating Seller's meters, calibration at not cost to Seller. 3. Xxxxx agrees to change the charts on meters at no cost to Seller and adjustment forward same to Seller. 4. Buyer hereby grants to Seller suitable rights-of-way and easements necessary or incidental for the installation, maintenance, operation and removal of pipeline and other facilities together with rights of ingress thereto and egress there from at all times and hereby agrees to deliver to Seller, for the meter sum of one dollar ($1 .00), an appropriate instrument or grant defining such rights and easements located on Buyer's plant site. 5. Buyer may install, maintain and operate such check measuring equipment, including a recording gravitometer and calorimeter as it shall desire, provided that such equipment shall be done only by so installed so as not to interfere with the employees operation of Seller's measuring equipment at or agents near the point of the Authoritydeliver. However, all xxxxxxxx to the Wholesale Customer Buyer shall be based on the metering of the Seller, subject only to the provisions of Paragraph 8 of this Article. 6. Each party shall have access to such metering equipment at all reasonable times. For the purpose of this Agreement, the original record or reading of the main meter shall be the journal or other record book of the Authority in its office in which the records of the employees or agents of the Authority who take the reading are or may be transcribed. Upon written request of Wholesale Customer, the Authority will give the Wholesale Customer a copy of such journal or record book, or permit the representative designated by Wholesale Customer Council’s resolution to have access to the same in the office of the Authority during reasonable business hours. (B) Not more than once in each calendar year, on a date as near the end of the Authority’s fiscal year as practical, the Authority shall calibrate its main meter or meters and present to the Wholesale Customer accuracy certification. This calibration shall be performed in the presence of a representative of Wholesale Customer, and the parties shall jointly observe any adjustments which are made to the meter in case any adjustments shall be necessary, and if the check meter hereinafter provided for has been installed, the same shall also be calibrated in the presence of a representative of the Wholesale Customer and the parties shall jointly observe any adjustments which are made to the meter in case any adjustments shall be necessary. The Authority shall give Wholesale Customer notice of the time when any such calibration is right to be made. If a representative of Wholesale Customer is not present at the time set, the Authority may proceed with calibration and adjustment in the absence of any representative of installing, reading, cleaning, changing, repairing, inspecting, testing, calibrating, or adjusting done in connection with the Wholesale Customer. (C) If either other's measuring equipment used in measuring deliveries hereunder and each party at any time observes a variation between a main delivery meter and the check meter, if any such check meter shall be installed, such party will promptly notify advise the other party, and the meters shall then be adjusted to accuracy. Each party shall give the other party forty-eight (48) hours’ notice of the time of any test of meter so intended major maintenance operation sufficiently in advance in order that the other party may conveniently have a its representative present. (D) If7. All installation of measuring equipment, upon any test, the percentage of inaccuracy of metering equipment is found applying to be in excess of two percent (2%), registration thereof shall be corrected for a period extending back to the time when such inaccuracy began, if such time is ascertainable, and if such time is not ascertainable, then for a period extending back one-half (½) of the time elapsed since the last date of calibration, but in no event farther back than a period of six (6) months. If, for any reason, the main meter is out of service or out of repair so that the amount of water delivered cannot be ascertained or computed from the reading thereof, the water delivered, through the period such meter is out of service or out of repaireffecting deliveries hereunder, shall be estimated and agreed upon by the parties thereto upon the basis made in such manner as to permit an accurate determination of the best data availablequantity of gas delivered and ready verification of the accuracy of measurement. For such purposeOrifice meter installations, if used, shall conform to the best data available recommendation for design and installation contained in the Gas Measurement Committee Report No. 3 to the American Gas Association published April, 1955, and any modifications and amendments thereof and shall include the use of flange connections. 8. Measurement on meter or meters shall be deemed conclusive of both parties except where the meter is defective or fails to be register, or if found in error, in either of which case Seller shall (a) By using the registration of any check meter if the same has been installed and is accurately registering. Otherwise, or, in the amount absence of water delivered during such period may be estimated (ia): (b) by By correcting the error if the percentage of error is ascertainable by calibration tests of calibration, test or mathematical calculation, or or, in the absence of both (iia) by and (b) then: (c) By estimating the quantity of delivery by from deliveries during the preceding periods under similar conditions when the meter was registering accurately. (E) The Wholesale Customer may, at its option ; and its own expense, install and operate a check meter to check the meter installed by the Authority, but the measurement of water for the purpose of this agreement shall be solely by the Authority’s meter, except in the cases hereinabove specifically provided to the contrary. Such check meter shall be of standard make and shall be subject at all reasonable times to inspection and examination by any employee or agent of the Authority, but the reading, calibration and an appropriate billing adjustment thereof shall be made only in accordance wtth the current Rules and Regulations governing gas systems issued by the Wholesale Customer, except during any period when a check meter may be used under Commission. 9. Seller will maintain its meters in good order and to this end will make periodic tests of its meters pursuant to the provisions hereof for measuring the amount of water delivered, in which case the reading, calibration, current Rules and adjustment thereof shall be made Regulations governing gas systems issued by the Authority Commission, or at such shorter intervals as seem to Seller desirable. If Xxxxx is dissatisfied with like effect the accuracy at any time, it may call upon Seller to have the meter tested ·in accordance with all regulations relating to such tests and results of such tests as if such check meter had been furnished or installed found in the current Rules and Regulations governing gas systems issued by the AuthorityCommission. 10. Each party shall preserve all records for a period of at least two (2) years.

Appears in 1 contract

Samples: Natural Gas Agreement

MEASURING EQUIPMENT. (A) Authority shall furnish1. Seller will maintain and operate, install, operate and maintain at its own own, expense and at the necessary metering equipment point of standard type for measuring properly the quantity delivery of water delivered under this agreement. Such metering equipment shall be located on the Authority’s supply main at gas hereunder, a location already designated by Authority. Such meter or meters and other necessary equipment so installed by which the volume of gas delivered hereunder shall be measured. Such meters and equipment shall remain the property of Authoritythe Seller. 2. The readingBuyer agrees to fumish to Seller electricity for operating Xxxxxx'x meters, calibration at not cost to Seller. 3. Buyer agrees to change the charts on Seller's meters at no cost to Seller and adjustment forward same to Seller. 4. Buyer hereby grants to Seller suitable rights-of-way and easements necessary or incidental for the installation, maintenance, operation and removal of pipeline and other facilities together with rights of ingress thereto and egress there from at all times and hereby agrees to deliver to Seller, for the meter sum of one dollar ($1.00), an appropriate instrument or grant defining such rights and easements located on Buyer's plant site. 5. Buyer may install, maintain and operate such check measuring equipment, including a recording gravitometer and calorimeter as it shall desire, provided that such equipment shall be done only by so installed so as not to interfere with the employees operation of Seller's measuring equipment at or agents near the point of the Authoritydeliver. However, all xxxxxxxx to the Wholesale Customer Buyer shall be based on the metering of the Seller, subject only to the provisions of Paragraph 8 of this Article. 6. Each party shall have access to such metering equipment at all reasonable times. For the purpose of this Agreement, the original record or reading of the main meter shall be the journal or other record book of the Authority in its office in which the records of the employees or agents of the Authority who take the reading are or may be transcribed. Upon written request of Wholesale Customer, the Authority will give the Wholesale Customer a copy of such journal or record book, or permit the representative designated by Wholesale Customer Council’s resolution to have access to the same in the office of the Authority during reasonable business hours. (B) Not more than once in each calendar year, on a date as near the end of the Authority’s fiscal year as practical, the Authority shall calibrate its main meter or meters and present to the Wholesale Customer accuracy certification. This calibration shall be performed in the presence of a representative of Wholesale Customer, and the parties shall jointly observe any adjustments which are made to the meter in case any adjustments shall be necessary, and if the check meter hereinafter provided for has been installed, the same shall also be calibrated in the presence of a representative of the Wholesale Customer and the parties shall jointly observe any adjustments which are made to the meter in case any adjustments shall be necessary. The Authority shall give Wholesale Customer notice of the time when any such calibration is right to be made. If a representative of Wholesale Customer is not present at the time set, the Authority may proceed with calibration and adjustment in the absence of any representative of installing, reading, cleaning, changing, repairing, inspecting, testing, calibrating, or adjusting done in connection with the Wholesale Customer. (C) If either other's measuring equipment used in measuring deliveries hereunder and each party at any time observes a variation between a main delivery meter and the check meter, if any such check meter shall be installed, such party will promptly notify advise the other party, and the meters shall then be adjusted to accuracy. Each party shall give the other party forty-eight (48) hours’ notice of the time of any test of meter so intended major maintenance operation sufficiently in advance in order that the other party may conveniently have a its representative present. (D) If7. All installation of measuring equipment, upon any test, the percentage of inaccuracy of metering equipment is found applying to be in excess of two percent (2%), registration thereof shall be corrected for a period extending back to the time when such inaccuracy began, if such time is ascertainable, and if such time is not ascertainable, then for a period extending back one-half (½) of the time elapsed since the last date of calibration, but in no event farther back than a period of six (6) months. If, for any reason, the main meter is out of service or out of repair so that the amount of water delivered cannot be ascertained or computed from the reading thereof, the water delivered, through the period such meter is out of service or out of repaireffecting deliveries hereunder, shall be estimated and agreed upon by the parties thereto upon the basis made in such manner as to permit an accurate determination of the best data availablequantity of gas delivered and ready verification of the accuracy of measurement. For such purposeOrifice meter installations, if used, shall conform to the best data available recommendation for design and installation contained in the Gas Measurement Committee Report No.3 to the American Gas Association published April, 1955, and any modifications and amendments thereof and shall include the use of flange connections. 8. Measurement on Seller's meter or meters shall be deemed conclusive of both parties except where the meter is defective or fails to register, or if found in error, in either of which case Seller shall repair or replace the meter and the quantity of gas delivered while the meter was out of order or failed to register shall be estimated: (a) By using the registration of any check meter if the same has been installed and is accurately registering. Otherwise, or, in the amount absence of water delivered during such period may be estimated (ia): (b) by By correcting the error if the percentage of error is ascertainable by calibration tests of calibration, test or mathematical calculation, or or, in the absence of both (iia) by and (b) then: (c) By estimating the quantity of delivery by from deliveries during the preceding periods under similar conditions when the meter was registering accurately. (E) The Wholesale Customer may, at its option ; and its own expense, install and operate a check meter to check the meter installed by the Authority, but the measurement of water for the purpose of this agreement shall be solely by the Authority’s meter, except in the cases hereinabove specifically provided to the contrary. Such check meter shall be of standard make and shall be subject at all reasonable times to inspection and examination by any employee or agent of the Authority, but the reading, calibration and an appropriate billing adjustment thereof shall be made only in accordance with the current Rules and Regulations governing gas systems issued by the Wholesale Customer, except during any period when a check meter may be used under Commission. 9. Seller will maintain its meters in good order and to this end will make periodic tests of its meters pursuant to the provisions hereof for measuring the amount of water delivered, in which case the reading, calibration, current Rules and adjustment thereof shall be made Regulations governing gas systems issued by the Authority Commission, or at such shorter intervals as seem to Seller desirable. If Buyer is dissatisfied with like effect the accuracy at any time, it may call upon Seller to have the meter tested in accordance with all regulations relating to such tests and results of such tests as if such check meter had been furnished or installed found in the current Rules and Regulations governing gas systems issued by the AuthorityComrnission. 10. Each party shall preserve all records for a period of at least two (2) years.

Appears in 1 contract

Samples: Natural Gas Agreement

MEASURING EQUIPMENT. (A) Authority shall furnish1. Seller will maintain and operate, install, operate and maintain at its own own, expense and at the necessary metering equipment point of standard type for measuring properly the quantity delivery of water delivered under this agreement. Such metering equipment shall be located on the Authority’s supply main at gas hereunder, a location already designated by Authority. Such meter or meters and other necessary equipment so installed by which the volume of gas delivered hereunder shall be measured. Such meters and equipment shall remain the property of Authoritythe Seller. 2. The readingXxxxx agrees to furnish to Seller electricity for operating Seller's meters, calibration at not cost to Seller. 3. Xxxxx agrees to change the·charts on Seller's meters at no cost to Seller and adjustment forward same to Seller. 4. Buyer hereby grants to Seller suitable rights-of-way and easements necessary or incidental for the installation, maintenance, operation and removal of pipeline and other facilities together with rights of ingress thereto and egress there from at all times and hereby agrees to deliver to Seller, for the meter sum of one dollar ($1 .00), an appropriate instrument or grant defining such rights and easements located on Buyer's plant site. 5. Buyer may install, maintain and operate such check measuring equipment, including a recording gravitometer and calorimeter as it shall desire, provided that such equipment shall be done only by so installed so as not to interfere with the employees operation of Seller's measuring equipment at or agents near the point of the Authoritydeliver. However, all xxxxxxxx to the Wholesale Customer Buyer shall be based on the metering of the Seller, subject only to the provisions of Paragraph 8 of this Article. 6. Each party shall have access to such metering equipment at all reasonable times. For the purpose of this Agreement, the original record or reading of the main meter shall be the journal or other record book of the Authority in its office in which the records of the employees or agents of the Authority who take the reading are or may be transcribed. Upon written request of Wholesale Customer, the Authority will give the Wholesale Customer a copy of such journal or record book, or permit the representative designated by Wholesale Customer Council’s resolution to have access to the same in the office of the Authority during reasonable business hours. (B) Not more than once in each calendar year, on a date as near the end of the Authority’s fiscal year as practical, the Authority shall calibrate its main meter or meters and present to the Wholesale Customer accuracy certification. This calibration shall be performed in the presence of a representative of Wholesale Customer, and the parties shall jointly observe any adjustments which are made to the meter in case any adjustments shall be necessary, and if the check meter hereinafter provided for has been installed, the same shall also be calibrated in the presence of a representative of the Wholesale Customer and the parties shall jointly observe any adjustments which are made to the meter in case any adjustments shall be necessary. The Authority shall give Wholesale Customer notice of the time when any such calibration is right to be made. If a representative of Wholesale Customer is not present at the time set, the Authority may proceed with calibration and adjustment in the absence of any representative of installing, reading, cleaning, changing, repairing, inspecting, testing, calibrating, or adjusting done in connection with the Wholesale Customer. (C) If either other's measuring equipment used in measuring deliveries hereunder and each party at any time observes a variation between a main delivery meter and the check meter, if any such check meter shall be installed, such party will promptly notify advise the other party, and the meters shall then be adjusted to accuracy. Each party shall give the other party forty-eight (48) hours’ notice of the time of any test of meter so intended major maintenance operation sufficiently in advance in order that the other party may conveniently have a its representative present. (D) If7. All installation of measuring equipment, upon any test, the percentage of inaccuracy of metering equipment is found applying to be in excess of two percent (2%), registration thereof shall be corrected for a period extending back to the time when such inaccuracy began, if such time is ascertainable, and if such time is not ascertainable, then for a period extending back one-half (½) of the time elapsed since the last date of calibration, but in no event farther back than a period of six (6) months. If, for any reason, the main meter is out of service or out of repair so that the amount of water delivered cannot be ascertained or computed from the reading thereof, the water delivered, through the period such meter is out of service or out of repaireffecting deliveries hereunder, shall be estimated and agreed upon by the parties thereto upon the basis made in such manner as to permit an accurate determination of the best data availablequantity of gas delivered and ready verification of the accuracy of measurement. For such purposeOrifice meter installations, If used, shall conform to the best data available recommendation for design and installation contained in the Gas Measurement Committee Report No. 3 to the American Gas Association published April, 1955, and any modifications and amendments thereof and shall Include the use of flange connections. 8. Measurement on Seller's meter or meters shall be deemed conclusive of both parties except where the meter is defective or fails to register, or if found in error, in either of which case Seller shall repair or replace the meter and the quantity of gas delivered while the meter was out of order or failed to register shall be estimated: (a) By using the registration of any check meter if the same has been installed and is accurately registering. Otherwise, or, in the amount absence of water delivered during such period may be estimated (ia): (b) by By correcting the error if the percentage of error is ascertainable by calibration tests of calibration, test or mathematical calculation, or or, in the absence of both (iia) by and (b) then: (c) By estimating the quantity of delivery by from deliveries during the preceding periods under similar conditions when the meter was registering accurately. (E) The Wholesale Customer may, at its option ; and its own expense, install and operate a check meter to check the meter installed by the Authority, but the measurement of water for the purpose of this agreement shall be solely by the Authority’s meter, except in the cases hereinabove specifically provided to the contrary. Such check meter shall be of standard make and shall be subject at all reasonable times to inspection and examination by any employee or agent of the Authority, but the reading, calibration and an appropriate billing adjustment thereof shall be made only in accordance with the current Rules and Regulations governing gas systems issued by the Wholesale Customer, except during any period when a check meter may be used under Commission. 9. Seller will maintain its meters in good order and to this end will make periodic tests of its meters pursuant to the provisions hereof for measuring the amount of water delivered, in which case the reading, calibration, current Rules and adjustment thereof shall be made Regulations governing gas systems issued by the Authority Commission, or at such shorter intervals as seem to Seller desirable. If Buyer is dissatisfied with like effect the accuracy at any time, it may call upon Seller to have the meter tested in accordance with all regulations relating to such tests and results of such tests as if such check meter had been furnished or installed found in the current Rules and Regulations governing gas systems issued by the AuthorityCommission. 10. Each party shall preserve all records for a period of at least two (2) years.

Appears in 1 contract

Samples: Natural Gas Agreement

MEASURING EQUIPMENT. (A) Authority shall furnish1. Seller will maintain and operate, install, operate and maintain at its own own, expense and at the necessary metering equipment point of standard type for measuring properly the quantity delivery of water delivered under this agreement. Such metering equipment shall be located on the Authority’s supply main at gas hereunder, a location already designated by Authority. Such meter or meters and other necessary equipment so installed by which the volume of gas delivered hereunder shall be measured. Such meters and equipment shall remain the property of Authoritythe Seller. 2. The readingXxxxx agrees to furnish to Seller electricity for operating Seller's meters, calibration at not cost to Seller. 3. Xxxxx agrees to change the charts on Xxxxxx's meters at no cost to Seller and adjustment forward same to Seller. 4. Buyer hereby grants to Seller suitable rights-of-way and easements necessary or incidental for the installation, maintenance, operation and removal of pipeline and other facilities together with rights of ingress thereto and egress there from at all times and hereby agrees to deliver to Seller, for the meter sum of one dollar ($1.00), an appropriate instrument or grant defining such rights and easements located on Buyer's plant site. 5. Buyer may install, maintain and operate such check measuring equipment, including a recording gravitometer and calorimeter as it shall desire, provided that such equipment shall be done only by so installed so as not to Interfere with the employees operation of Seller's measuring equipment at or agents near the point of the Authoritydeliver. However, all xxxxxxxx to the Wholesale Customer Buyer shall be based on the metering of the Seller, subject only to the provisions of Paragraph 8 of this Article. 6. Each party shall have access to such metering equipment at all reasonable times. For the purpose of this Agreement, the original record or reading of the main meter shall be the journal or other record book of the Authority in its office in which the records of the employees or agents of the Authority who take the reading are or may be transcribed. Upon written request of Wholesale Customer, the Authority will give the Wholesale Customer a copy of such journal or record book, or permit the representative designated by Wholesale Customer Council’s resolution to have access to the same in the office of the Authority during reasonable business hours. (B) Not more than once in each calendar year, on a date as near the end of the Authority’s fiscal year as practical, the Authority shall calibrate its main meter or meters and present to the Wholesale Customer accuracy certification. This calibration shall be performed in the presence of a representative of Wholesale Customer, and the parties shall jointly observe any adjustments which are made to the meter in case any adjustments shall be necessary, and if the check meter hereinafter provided for has been installed, the same shall also be calibrated in the presence of a representative of the Wholesale Customer and the parties shall jointly observe any adjustments which are made to the meter in case any adjustments shall be necessary. The Authority shall give Wholesale Customer notice of the time when any such calibration is right to be made. If a representative of Wholesale Customer is not present at the time set, the Authority may proceed with calibration and adjustment in the absence of any representative of installing, reading, cleaning, changing, repairing, inspecting, testing, calibrating, or adjusting done in connection with the Wholesale Customer. (C) If either other's measuring equipment used in measuring deliveries hereunder and each party at any time observes a variation between a main delivery meter and the check meter, if any such check meter shall be installed, such party will promptly notify advise the other party, and the meters shall then be adjusted to accuracy. Each party shall give the other party forty-eight (48) hours’ notice of the time of any test of meter so intended major maintenance operation sufficiently in advance in order that the other party may conveniently have a its representative present. (D) If7. All installation of measuring equipment, upon any test, the percentage of inaccuracy of metering equipment is found applying to be in excess of two percent (2%), registration thereof shall be corrected for a period extending back to the time when such inaccuracy began, if such time is ascertainable, and if such time is not ascertainable, then for a period extending back one-half (½) of the time elapsed since the last date of calibration, but in no event farther back than a period of six (6) months. If, for any reason, the main meter is out of service or out of repair so that the amount of water delivered cannot be ascertained or computed from the reading thereof, the water delivered, through the period such meter is out of service or out of repaireffecting deliveries hereunder, shall be estimated and agreed upon by the parties thereto upon the basis made in such manner as to permit an accurate determination of the best data availableof gas delivered and ready verification of the accuracy of measurement. For such purposeOrifice meter installations, if used, shall conform to the best data available recommendation for design and installation contained in the Gas Measurement Committee Report No.3 to the American Gas Association published April, 1955, and any modifications and amendments thereof and shall include the use of flange connections. 8. Measurement on Seller's meter or meters shall be deemed conclusive of both parties except where the meter is defective or fails to register, or if found in error, in either of which case Seller shall repair or replace the meter and the quantity of gas delivered while the meter was out of order or failed to register shall be estimated: (a) By using the registration of any check meter if the same has been installed and is accurately registering. Otherwise, or, in the amount absence of water delivered during such period may be estimated (ia): (b) by By correcting the error if the percentage of error is ascertainable by calibration tests of calibration, test or mathematical calculation, or or, in the absence of both (iia) by and (b) then: (c) By estimating the quantity of delivery by from deliveries during the preceding periods under similar conditions when the meter was registering accurately. (E) The Wholesale Customer may, at its option ; and its own expense, install and operate a check meter to check the meter installed by the Authority, but the measurement of water for the purpose of this agreement shall be solely by the Authority’s meter, except in the cases hereinabove specifically provided to the contrary. Such check meter shall be of standard make and shall be subject at all reasonable times to inspection and examination by any employee or agent of the Authority, but the reading, calibration and an appropriate billing adjustment thereof shall be made only in accordance with the current Rules and Regulations governing gas systems issued by the Wholesale Customer, except during any period when a check meter may be used under Commission. 9. Seller will maintain its meters in good order and to this end will make periodic tests of its meters pursuant to the provisions hereof for measuring the amount of water delivered, in which case the reading, calibration, current Rules and adjustment thereof shall be made Regulations governing gas systerns issued by the Authority Commission, or at such shorter intervals as seem to Seller desirable. If Buyer is dissatisfied with like effect the accuracy at any time, it may call upon Seller to have the meter tested in accordance with all regulations relating to such tests and results of such tests as if such check meter had been furnished or installed found in the current Rules and Regulations governing gas systems issued by the AuthorityCommission. 10. Each party shall preserve all records for a period of at least two (2) years.

Appears in 1 contract

Samples: Contract for Natural Gas Service

MEASURING EQUIPMENT. (A) Authority shall furnish1. Seller will maintain and operate, install, operate and maintain at its own own, expense and at the necessary metering equipment point of standard type for measuring properly the quantity delivery of water delivered under this agreement. Such metering equipment shall be located on the Authority’s supply main at gas hereunder, a location already designated by Authority. Such meter or meters and other necessary equipment so installed by which the volume of gas delivered hereunder shall be measured. Such meters and equipment shall remain the property of Authoritythe Seller. 2. The readingBuyer agrees to fumish to Seller electricity for operating Seller's meters, calibration at not cost to Seller. 3. Buyer agrees to change the charts on Seller's meters at no cost to Seller and adjustment forward same to Seller. 4. Buyer hereby grants to Seller suitable rights-of-way and easements necessary or incidental for the installation, maintenance, operation and removal of pipeline and other facilities together with rights of ingress thereto and egress there from at all times and hereby agrees to deliver to Seller, for the meter sum of one dollar ($1.00), an appropriate instrument or grant defining such rights and easements located on Buyer's plant site. 5. Buyer may install, maintain and operate such check measuring equipment, including a recording gravitometer and calorimeter as it shall desire, provided that such equipment shall be done only by so installed so as not to interfere with the employees operation of Seller's measuring equipment at or agents near the point of the Authoritydeliver. However, all xxxxxxxx to the Wholesale Customer Buyer shall be based on the metering of the Seller, subject only to the provisions of Paragraph 8 of this Article. 6. Each party shall have access to such metering equipment at all reasonable times. For the purpose of this Agreement, the original record or reading of the main meter shall be the journal or other record book of the Authority in its office in which the records of the employees or agents of the Authority who take the reading are or may be transcribed. Upon written request of Wholesale Customer, the Authority will give the Wholesale Customer a copy of such journal or record book, or permit the representative designated by Wholesale Customer Council’s resolution to have access to the same in the office of the Authority during reasonable business hours. (B) Not more than once in each calendar year, on a date as near the end of the Authority’s fiscal year as practical, the Authority shall calibrate its main meter or meters and present to the Wholesale Customer accuracy certification. This calibration shall be performed in the presence of a representative of Wholesale Customer, and the parties shall jointly observe any adjustments which are made to the meter in case any adjustments shall be necessary, and if the check meter hereinafter provided for has been installed, the same shall also be calibrated in the presence of a representative of the Wholesale Customer and the parties shall jointly observe any adjustments which are made to the meter in case any adjustments shall be necessary. The Authority shall give Wholesale Customer notice of the time when any such calibration is right to be made. If a representative of Wholesale Customer is not present at the time set, the Authority may proceed with calibration and adjustment in the absence of any representative of installing, reading, cleaning, changing, repairing, inspecting, testing, calibrating, or adjusting done in connection with the Wholesale Customer. (C) If either other's measuring equipment used in measuring deliveries hereunder and each party at any time observes a variation between a main delivery meter and the check meter, if any such check meter shall be installed, such party will promptly notify advise the other party, and the meters shall then be adjusted to accuracy. Each party shall give the other party forty-eight (48) hours’ notice of the time of any test of meter so intended major maintenance operation sufficiently in advance in order that the other party may conveniently have a its representative present. (D) If7. All installation of measuring eqUipment, upon any test, the percentage of inaccuracy of metering equipment is found applying to be in excess of two percent (2%), registration thereof shall be corrected for a period extending back to the time when such inaccuracy began, if such time is ascertainable, and if such time is not ascertainable, then for a period extending back one-half (½) of the time elapsed since the last date of calibration, but in no event farther back than a period of six (6) months. If, for any reason, the main meter is out of service or out of repair so that the amount of water delivered cannot be ascertained or computed from the reading thereof, the water delivered, through the period such meter is out of service or out of repaireffecting deliveries hereunder, shall be estimated and agreed upon by the parties thereto upon the basis made in such manner as to permit an accurate determination of the best data availablequantity of gas delivered and ready verification of the accuracy of measurement Orifice meter installations, if used, shall conform to the recommendation for design and installation contained in the Gas Measurement Committee Report No.3 to the American Gas Association published April, 1955, and any modifications and amendments thereof and shall include the use of flange connections. 8. For such purpose, the best data available Measurement on Seller's meter or meters shall be deemed conclusive of both parties except where the meter is defective or fails to register, or if found in error, in either of which case Seller shall repair or replace the meter and the quantity of gas delivered while the meter was out of order or failed to register shall be estimated: (a) By using the registration of any check meter if the same has been installed and is accurately registering. Otherwise, or, in the amount absence of water delivered during such period may be estimated (ia): (b) by By correcting the error if the percentage of error is ascertainable by calibration tests of calibration, test or mathematical calculation, or or, in the absence of both (iia) by and (b) then: (c) By estimating the quantity of delivery by from deliveries during the preceding periods under similar conditions when the meter was registering accurately. (E) The Wholesale Customer may, at its option ; and its own expense, install and operate a check meter to check the meter installed by the Authority, but the measurement of water for the purpose of this agreement shall be solely by the Authority’s meter, except in the cases hereinabove specifically provided to the contrary. Such check meter shall be of standard make and shall be subject at all reasonable times to inspection and examination by any employee or agent of the Authority, but the reading, calibration and an appropriate billing adjustment thereof shall be made only in accordance with the current Rules and Regulations goveming gas systems issued by the Wholesale Customer, except during any period when a check meter may be used under Commission. 9. Seller will maintain its meters in good order and to this end will make periodic tests of its meters pursuant to the provisions hereof for measuring the amount of water delivered, in which case the reading, calibration, current Rules and adjustment thereof shall be made Regulations governing gas systems issued by the Authority Commission, or at such shorter intervals as seem to Seller desirable. If Buyer is dissatisfied with like effect the accuracy at any time, it may call upon Seller to have the meter tested in accordance with all regulations relating to such tests and results of such tests as if such check meter had been furnished or installed found in the current Rules and Regulations governing gas systems issued by the AuthorityCommission. 10. Each party shall preserve all records for a period of at least two (2) years.

Appears in 1 contract

Samples: Natural Gas Agreement

MEASURING EQUIPMENT. (A) Authority shall furnish1. Seller will maintain and operate, install, operate and maintain at its own own, expense and at the necessary metering equipment point of standard type for measuring properly the quantity delivery of water delivered under this agreement. Such metering equipment shall be located on the Authority’s supply main at gas hereunder, a location already designated by Authority. Such meter or meters and other necessary equipment so installed by which the volume of gas delivered hereunder shall be measured. Such meters and equipment shall remain the property of Authoritythe Seller. 2. The readingXxxxx agrees to furnish to Seller electricity for operating Seller's meters, calibration at not cost to Seller. 3. Xxxxx agrees to change the charts on Xxxxxx's meters at no cost to Seller and adjustment forward same to Seller. 4. Buyer hereby grants to Seller suitable rights-of-way and easements necessary or incidental for the installation, maintenance, operation and removal of pipeline and other facilities together with rights of ingress thereto and egress there from at all times and hereby agrees to deliver to Seller, for the meter sum of one dollar ($1 .00), an appropriate instrument or grant defining such rights and easements located on Buyer's plant site. 5. Buyer may install, maintain and operate such check measuring equipment, including a recording gravitometer and calorimeter as it shall desire, provided that such equipment shall be done only by so installed so as not to interfere with the employees operation of Seller's measuring equipment at or agents near the point of the Authoritydeliver. However, all xxxxxxxx to the Wholesale Customer Buyer shall be based on the metering of the Seller, subject only to the provisions of Paragraph 8 of this Article. 6. Each party shall have access to such metering equipment at all reasonable times. For the purpose of this Agreement, the original record or reading of the main meter shall be the journal or other record book of the Authority in its office in which the records of the employees or agents of the Authority who take the reading are or may be transcribed. Upon written request of Wholesale Customer, the Authority will give the Wholesale Customer a copy of such journal or record book, or permit the representative designated by Wholesale Customer Council’s resolution to have access to the same in the office of the Authority during reasonable business hours. (B) Not more than once in each calendar year, on a date as near the end of the Authority’s fiscal year as practical, the Authority shall calibrate its main meter or meters and present to the Wholesale Customer accuracy certification. This calibration shall be performed in the presence of a representative of Wholesale Customer, and the parties shall jointly observe any adjustments which are made to the meter in case any adjustments shall be necessary, and if the check meter hereinafter provided for has been installed, the same shall also be calibrated in the presence of a representative of the Wholesale Customer and the parties shall jointly observe any adjustments which are made to the meter in case any adjustments shall be necessary. The Authority shall give Wholesale Customer notice of the time when any such calibration is right to be made. If a representative of Wholesale Customer is not present at the time set, the Authority may proceed with calibration and adjustment in the absence of any representative of installing, reading, cleaning, changing, repairing, inspecting, testing, calibrating, or adjusting done in connection with the Wholesale Customer. (C) If either other's measuring equipment used in measuring deliveries hereunder and each party at any time observes a variation between a main delivery meter and the check meter, if any such check meter shall be installed, such party will promptly notify advise the other party, and the meters shall then be adjusted to accuracy. Each party shall give the other party forty-eight (48) hours’ notice of the time of any test of meter so intended major maintenance operation sufficiently in advance in order that the other party may conveniently have a its representative present. (D) If7. All installation of measuring equipment, upon any test, the percentage of inaccuracy of metering equipment is found applying to be in excess of two percent (2%), registration thereof shall be corrected for a period extending back to the time when such inaccuracy began, if such time is ascertainable, and if such time is not ascertainable, then for a period extending back one-half (½) of the time elapsed since the last date of calibration, but in no event farther back than a period of six (6) months. If, for any reason, the main meter is out of service or out of repair so that the amount of water delivered cannot be ascertained or computed from the reading thereof, the water delivered, through the period such meter is out of service or out of repaireffecting deliveries hereunder, shall be estimated and agreed upon by the parties thereto upon the basis made in such manner as to permit an accurate determination of the best data availablequantity of gas delivered and ready verification of the accuracy of measurement Orifice meter installations, if used, shall conform to the recommendation for design and installation contained in the Gas Measurement Committee Report No.3 to the American Gas Association April, 1955, and any modifications and amendments thereof and shall include the use of flange connections. 8. For such purpose, the best data available Measurement on Seller's meter or meters shall be deemed conclusive of both parties except where the meter is defective or fails to register, or if found in error, in either of which case Seller shall repair or replace the meter and the quantity of gas delivered while the meter was out of order or failed to register shall be estimated: (a) By using the registration of any check meter if the same has been installed and is accurately registering. Otherwise, or, in the amount absence of water delivered during such period may be estimated (ia): (b) by By correcting the error if the percentage of error is ascertainable by calibration tests of calibration, test or mathematical calculation, or or, in the absence of both (iia) by and {b) then: (c) By estimating the quantity of delivery by from deliveries during the preceding periods under similar conditions when the meter was registering accurately. (E) The Wholesale Customer may, at its option ; and its own expense, install and operate a check meter to check the meter installed by the Authority, but the measurement of water for the purpose of this agreement shall be solely by the Authority’s meter, except in the cases hereinabove specifically provided to the contrary. Such check meter shall be of standard make and shall be subject at all reasonable times to inspection and examination by any employee or agent of the Authority, but the reading, calibration and an appropriate billing adjustment thereof shall be made only in accordance with the current Rules and Regulations governing gas systems issued by the Wholesale Customer, except during any period when a check meter may be used under Commission. 9. Seller will maintain its meters in good order and to this end will make periodic tests of its meters pursuant to the provisions hereof for measuring the amount of water delivered, in which case the reading, calibration, current Rules and adjustment thereof shall be made Regulations governing gas systems issued by the Authority Commission, or at such shorter intervals as seem to Seller desirable. If Buyer is dissatisfied with like effect the accuracy at any time, it may call upon Seller to have the meter tested in accordance with all regulations relating to such tests and results of such tests as if such check meter had been furnished or installed found in the current Rules and Regulations governing gas systems issued by the AuthorityCommission. 10. Each party shall preserve all records for a period of at least two (2) years.

Appears in 1 contract

Samples: Natural Gas Agreement

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MEASURING EQUIPMENT. (Aa) Authority shall furnish, install, operate and maintain at its own expense the necessary metering equipment of standard type for measuring properly the quantity of water delivered under this agreement. Such metering equipment There shall be located on two master meters at the Authority’s supply main at a location already designated Points of Delivery owned, controlled and maintained by Authoritythe City of Princeton. Such meter or meters and other equipment so installed shall remain the property of Authority. The readingReading, calibration and adjustment of the meter metering equipment shall be done only by the employees or agents of the Authority. HoweverPrinceton, the Wholesale Customer but Culleoka shall have access to such the metering equipment at all reasonable timestimes for purposes of inspection and verification. For the purpose of this Agreement, the The original record or reading of the main for meter readings under this Contract shall be the a journal or other record book of the Authority maintained by Princeton in its office offices in which the records of the employees or agents of the Authority Princeton who take the reading are or may such readings shall be transcribed. . (b) Upon the written request of Wholesale CustomerCulleoka, the Authority Princeton will give the Wholesale Customer prepare and forward a copy of such the journal or record book, book to Culleoka within a reasonable time or permit the representative designated by Wholesale Customer Council’s resolution to have allow Culleoka access to the same in the office offices of the Authority Princeton during reasonable regular business hours. (Bc) Culleoka may, at its sole expense, install and operate a check meter at each Point of Delivery to verify the accuracy of the master meters installed by Princeton, but the measurement of water delivered under this Contract shall be determined by Princeton's meters, except in those cases specified below. All check meters shall be of standard make and shall be subject at all reasonable times to inspection and examination by any employee or agent of Princeton, but the reading, calibration and adjustment thereof shall be made only by Culleoka except during any period when a check meter(s) may be used under the provisions hereof for measuring the amount of water delivered, in which case the reading, calibration and adjustment thereof shall be made by Princeton with like effect as if the check meter(s) had been furnished or installed by Princeton. (d) Princeton shall calibrate the metering equipment annually and provide a written report of such calibration to Culleoka. Not more than once in each calendar yearany six (6) month time period, on a date as near Princeton shall test the end of the Authority’s fiscal year as practicalmaster meters, the Authority shall calibrate its main meter or meters and present if requested in writing by Culleoka to the Wholesale Customer accuracy certification. This calibration shall be performed do so, in the presence of a representative of Wholesale CustomerCulleoka, and the parties shall jointly observe any necessary adjustments which are made to the meter in case any adjustments shall be necessary, and if the metering equipment. If a check meter hereinafter provided for has been installed, the same shall also be calibrated by Culleoka in the presence of a representative of the Wholesale Customer Princeton and the parties shall jointly observe any adjustments which are made necessary adjustments. Upon Culleoka delivering a written request to Princeton to test and calibrate the meter in case any adjustments shall be necessary. The Authority meter, Princeton shall give Wholesale Customer Culleoka notice of a date and time to conduct the time when any such calibration is to be madetest. If a representative of Wholesale Customer Culleoka is not present at the time set, the Authority Princeton may proceed with the test and calibration and adjustment in the absence of any representative of the Wholesale CustomerCulleoka. (Ce) If either party at any time observes a variation between a main delivery master meter and the its corresponding check meter, if any such check meter shall be or meters is installed, such party will promptly notify the other party, and the parties hereto shall then cooperate to procure an immediate calibration test and joint observation of any adjustment and the same meter or meters shall then be adjusted to accuracy. Each party shall give the other party forty-eight (48) hours’ notice of the time of any test of meter so that the other party may conveniently have a representative presentbefore testing master meters or check meters. (Df) If, If upon any test, the percentage of inaccuracy of any metering equipment is found to be in excess of two percent (2%), registration thereof shall be corrected for a period extending back to the time when such inaccuracy began, if such time is ascertainable, and if such time is not ascertainable, then for a period extending back one-one- half (½) of the time elapsed since the last date of calibration, but in no event farther further back than a period of six (6) months. If, for any reason, the main meter is out of service or any meters are out of repair so that the amount of water delivered cannot be ascertained or computed from the reading thereof, the water delivered, delivered through the period such meter is meters are out of service or out of repair, repair shall be estimated and agreed upon by the parties thereto upon the basis of based on the best data available. For such purposepurposes, the best data available shall be deemed to be the registration of any an accurately registering check meter if the same has been installed and is accurately registeringmeter. Otherwise, the amount of water delivered during such period may be estimated (i) by correcting the error error, if the percentage of the error is ascertainable by calibration tests of or mathematical calculation, or (ii) by estimating the quantity of delivery by deliveries during the preceding periods under similar conditions when the meter was or meters were registering accurately. (E) The Wholesale Customer may, at its option and its own expense, install and operate a check meter to check the meter installed by the Authority, but the measurement of water for the purpose of this agreement shall be solely by the Authority’s meter, except in the cases hereinabove specifically provided to the contrary. Such check meter shall be of standard make and shall be subject at all reasonable times to inspection and examination by any employee or agent of the Authority, but the reading, calibration and adjustment thereof shall be made only by the Wholesale Customer, except during any period when a check meter may be used under the provisions hereof for measuring the amount of water delivered, in which case the reading, calibration, and adjustment thereof shall be made by the Authority with like effect as if such check meter had been furnished or installed by the Authority.

Appears in 1 contract

Samples: Treated Water Supply Contract

MEASURING EQUIPMENT. (A) Authority shall furnish1. Seller will maintain and operate, install, operate and maintain at its own own, expense and at the necessary metering equipment point of standard type for measuring properly the quantity delivery of water delivered under this agreement. Such metering equipment shall be located on the Authority’s supply main at gas hereunder, a location already designated by Authority. Such meter or meters and other necessary equipment so installed by which !he volume of gas delivered hereunder shall be measured. Such meters and equipment shall remain the property of Authoritythe Seller. 2. The readingXxxxx agrees to furnish to Seller electricity for operating Seller's meters, calibration at not cost to Seller. 3. Xxxxx agrees to change the charts on Xxxxxx's meters at no cost to Seller and adjustment forward same to Seller. 4. Buyer hereby grants to Seller suitable rights-of-way and easements necessary or incidental for the installation, maintenance, operation and removal of pipeline and other facilities together with rights of ingress thereto and egress there from at all times and hereby agrees to deliver to Seller, for the meter sum of one dollar {$1.00), an appropriate instrument or grant defining such rights and easements located on Buyer's plant site. 5. Buyer may install, maintain and operate such check measuring equipment, including a recording gravitometer and calorimeter as it shall desire, provided that such equipment shall be done only by so installed so as not to interfere with the employees operation of Seller's measuring equipment at or agents near !he point of the Authoritydeliver. However, all xxxxxxxx to the Wholesale Customer Buyer shall be based on the metering of the Seller, subject only to the provisions of Paragraph 8 of this Article. 6. Each party shall have access to such metering equipment at all reasonable times. For the purpose of this Agreement, the original record or reading of the main meter shall be the journal or other record book of the Authority in its office in which the records of the employees or agents of the Authority who take the reading are or may be transcribed. Upon written request of Wholesale Customer, the Authority will give the Wholesale Customer a copy of such journal or record book, or permit the representative designated by Wholesale Customer Council’s resolution to have access to the same in the office of the Authority during reasonable business hours. (B) Not more than once in each calendar year, on a date as near the end of the Authority’s fiscal year as practical, the Authority shall calibrate its main meter or meters and present to the Wholesale Customer accuracy certification. This calibration shall be performed in the presence of a representative of Wholesale Customer, and the parties shall jointly observe any adjustments which are made to the meter in case any adjustments shall be necessary, and if the check meter hereinafter provided for has been installed, the same shall also be calibrated in the presence of a representative of the Wholesale Customer and the parties shall jointly observe any adjustments which are made to the meter in case any adjustments shall be necessary. The Authority shall give Wholesale Customer notice of the time when any such calibration is right to be made. If a representative of Wholesale Customer is not present at the time set, the Authority may proceed with calibration and adjustment in the absence of any representative of installing, reading, cleaning, changing, repairing, inspecting, testing, calibrating, or adjusting done in connection with the Wholesale Customer. (C) If either other's measuring equipment used in measuring deliveries hereunder and each party at any time observes a variation between a main delivery meter and the check meter, if any such check meter shall be installed, such party will promptly notify advise the other party, and the meters shall then be adjusted to accuracy. Each party shall give the other party forty-eight (48) hours’ notice of the time of any test of meter so intended major maintenance operation sufficiently in advance in order that the other party may conveniently have a its representative present. (D) If7. All installation of measuring equipment, upon any test, the percentage of inaccuracy of metering equipment is found applying to be in excess of two percent (2%), registration thereof shall be corrected for a period extending back to the time when such inaccuracy began, if such time is ascertainable, and if such time is not ascertainable, then for a period extending back one-half (½) of the time elapsed since the last date of calibration, but in no event farther back than a period of six (6) months. If, for any reason, the main meter is out of service or out of repair so that the amount of water delivered cannot be ascertained or computed from the reading thereof, the water delivered, through the period such meter is out of service or out of repaireffecting deliveries hereunder, shall be estimated and agreed upon by the parties thereto upon the basis made in such manner as to permit an accurate determination of the best data availablequantity of gas delivered and ready verification of the accuracy of measurement Orifice meter Installations, if used, shall conform to the recommendation for design and installation contained in the Gas Measurement Committee Report No.3 to the American Gas Association published April, 1955, and any modifications and amendments thereof and shall include the use of flange connections. 8. For such purpose, the best data available Measurement on Seller's meter or meters shall be deemed conclusive of both parties except where the meter is defective or fails to register, or if found in error, In either of which case Seller shall repair or replace the meter and the quantity of gas delivered while the meter was out of order or failed to register shall be estimated: { a) By using the registration of any check meter if the same has been installed and is accurately registering. Otherwise, or, in the amount absence of water delivered during such period may be estimated (i{a): {b) by By correcting the error if the percentage of error is ascertainable by calibration tests of calibration, test or mathematical calculation, or or, in the absence of both (iia) by and {b) then: (c) By estimating the quantity of delivery by from deliveries during the preceding periods under similar conditions when the meter was registering accurately. (E) The Wholesale Customer may, at its option ; and its own expense, install and operate a check meter to check the meter installed by the Authority, but the measurement of water for the purpose of this agreement shall be solely by the Authority’s meter, except in the cases hereinabove specifically provided to the contrary. Such check meter shall be of standard make and shall be subject at all reasonable times to inspection and examination by any employee or agent of the Authority, but the reading, calibration and an appropriate billing adjustment thereof shall be made only in accordance with the current Rules and Regulations governing gas systems issued by the Wholesale Customer, except during any period when a check meter may be used under Commission. 9. Seller will maintain its meters in good order and to this end will make periodic tests of its meters pursuant to the provisions hereof for measuring the amount of water delivered, in which case the reading, calibration, current Rules and adjustment thereof shall be made Regulations governing gas systems issued by the Authority Commission, or at such shorter intervals as seem to Seller desirable. If Buyer is dissatisfied with like effect the accuracy at any time, it may call upon Seller to have the meter tested in accordance with all regulations relating to such tests and results of such tests as if such check meter had been furnished or installed found in the current Rules and Regulations governing gas systems issued by the AuthorityCommission. 10. Each party shall preserve all records for a period of at least two {2) years.

Appears in 1 contract

Samples: Public Service Commission Filing

MEASURING EQUIPMENT. (A) Authority shall furnish1. Seller will maintain and operate, install, operate and maintain at its own own, expense and at the necessary metering equipment point of standard type for measuring properly the quantity delivery of water delivered under this agreement. Such metering equipment shall be located on the Authority’s supply main at gas hereunder, a location already designated by Authority. Such meter or meters and other necessary equipment so installed by which the volume of gas delivered hereunder shall be measured. Such meters and equipment shall remain the property of Authoritythe Seller. 2. The readingXxxxx agrees to fumish to Seller electricity for operating Seller's meters, calibration at not cost to Seller. 3. Xxxxx agrees to change the charts on Seller's meters at no cost to Seller and adjustment fOlWard same to Seller. 4. Buyer hereby grants to Seller suitable rights-of-way and easements necessary or incidental for the installation, maintenance, operation and removal of pipeline and other facilities together with rights of ingress thereto and egress there from at all times and hereby agrees to deliver to Seller, for the meter sum of one dollar ($1.00), an appropriate instrument or grant defining such rights and easements located on Buyer's plant site. 5. Buyer may install, maintain and operate such check measuring equipment, including a recording gravitometer and calorimeter as it shall desire, provided that such equipment shall be done only by so installed so as not to interfere with the employees operation of Seller's measuring equipment at or agents near the point of the Authoritydeliver. However, all xxxxxxxx to the Wholesale Customer Buyer shall be based on the metering of the Seller, subject only to the provisions of Paragraph 8 of this Article. 6. Each party shall have access to such metering equipment at all reasonable times. For the purpose of this Agreement, the original record or reading of the main meter shall be the journal or other record book of the Authority in its office in which the records of the employees or agents of the Authority who take the reading are or may be transcribed. Upon written request of Wholesale Customer, the Authority will give the Wholesale Customer a copy of such journal or record book, or permit the representative designated by Wholesale Customer Council’s resolution to have access to the same in the office of the Authority during reasonable business hours. (B) Not more than once in each calendar year, on a date as near the end of the Authority’s fiscal year as practical, the Authority shall calibrate its main meter or meters and present to the Wholesale Customer accuracy certification. This calibration shall be performed in the presence of a representative of Wholesale Customer, and the parties shall jointly observe any adjustments which are made to the meter in case any adjustments shall be necessary, and if the check meter hereinafter provided for has been installed, the same shall also be calibrated in the presence of a representative of the Wholesale Customer and the parties shall jointly observe any adjustments which are made to the meter in case any adjustments shall be necessary. The Authority shall give Wholesale Customer notice of the time when any such calibration is right to be made. If a representative of Wholesale Customer is not present at the time set, the Authority may proceed with calibration and adjustment in the absence of any representative of installing, reading, cleaning, changing, repairing, inspecting, testing, calibrating, or adjusting done in connection with the Wholesale Customer. (C) If either other's measuring equipment used in measuring deliveries hereunder and each party at any time observes a variation between a main delivery meter and the check meter, if any such check meter shall be installed, such party will promptly notify advise the other party, and the meters shall then be adjusted to accuracy. Each party shall give the other party forty-eight (48) hours’ notice of the time of any test of meter so intended major maintenance operation sufficiently in advance in order that the other party may conveniently have a its representative present. (D) If7. All installation of measuring eqUipment, upon any test, the percentage of inaccuracy of metering equipment is found applying to be in excess of two percent (2%), registration thereof shall be corrected for a period extending back to the time when such inaccuracy began, if such time is ascertainable, and if such time is not ascertainable, then for a period extending back one-half (½) of the time elapsed since the last date of calibration, but in no event farther back than a period of six (6) months. If, for any reason, the main meter is out of service or out of repair so that the amount of water delivered cannot be ascertained or computed from the reading thereof, the water delivered, through the period such meter is out of service or out of repaireffecting deliveries hereunder, shall be estimated and agreed upon by the parties thereto upon the basis made in such manner as to permit an accurate determination of the best data availablequantity of gas delivered and ready verification of the accuracy of measurement. For such purposeOrifice meter Installations, if used, shall conform to the best data available recommendation for design and installation contained in the Gas Measurement Committee Report No.3 to the American Gas Association published April, 1955, and any modifications and amendments thereof and shall include the use of flange connections. 8. Measurement on Seller's meter or meters shall be deemed conclusive of both parties except where the meter is defective or fails to register, or if found in error, in either of which case Seller shall repair or replace the meter and the quantity of gas delivered while the meter was out of order or failed to register shall be estimated: (a) By using the registration of any check meter if the same has been installed and is accurately registering. Otherwise, or, in the amount absence of water delivered during such period may be estimated (ia): (b) by By correcting the error if the percentage of error is ascertainable by calibration tests of calibration, test or mathematical calculation, or or, In the absence of both (iia) by and (b) then: (e) By estimating the quantity of delivery by from deliveries during the preceding periods under similar conditions when the meter was registering accurately. (E) The Wholesale Customer may, at its option ; and its own expense, install and operate a check meter to check the meter installed by the Authority, but the measurement of water for the purpose of this agreement shall be solely by the Authority’s meter, except in the cases hereinabove specifically provided to the contrary. Such check meter shall be of standard make and shall be subject at all reasonable times to inspection and examination by any employee or agent of the Authority, but the reading, calibration and an appropriate billing adjustment thereof shall be made only in accordance with the current Rules and RegUlations governing gas systems issued by the Wholesale Customer, except during any period when a check meter may be used under Commission. . 9. Seller will maintain its meters in good order and to this end will make periodic tests of its meters pursuant to the provisions hereof for measuring the amount of water delivered, in which case the reading, calibration, current Rules and adjustment thereof shall be made Regulations governing gas systems issued by the Authority Commission, or'at such shorter intervals as seem to Seller desirable. If Buyer is dissatisfied with like effect the accuracy at any time, it may call upon Seller to have the meter tested in accordance with all regulations relating to such tests and results of such tests as if such check meter had been furnished or installed found in the current Rules and Regulations governing gas systems issued by the AuthorityCommission. 10. Each party shall preserve all records for a period of at least two (2) years.

Appears in 1 contract

Samples: Contract for Natural Gas Service

MEASURING EQUIPMENT. (A) Authority shall furnish1. Seller will maintain and operate, install, operate and maintain at its own own, expense and at the necessary metering equipment point of standard type for measuring properly the quantity delivery of water delivered under this agreement. Such metering equipment shall be located on the Authority’s supply main at gas hereunder, a location already designated by Authority. Such meter or meters and other necessary equipment so installed by which the volume of gas delivered hereunder shall be measured. Such meters and equipment shall remain the property of Authoritythe Seller. 2. The readingXxxxx agrees to furnish to Seller electricity for operating Selle(s meters, calibration at not cost to Seller. 3. Xxxxx agrees to change the charts on Xxxxxx's meters at no cost to Seller and adjustment foiWard same to Seller. 4. Buyer hereby grants to Seller suitable rights-of-way and easements necessary or Incidental. for the Installation, maintenance, operation and removal of pipeline and other facilities together with rights of Ingress thereto and egress theie from at all times and hereby agrees to deliver to Seller, for the meter sum of one dollar ($1.00), an appropriate Instrument or grant defining such rights and easements located on Buye(s plant site. 5. Buyer may Install, maintain and operate such check measuring equipment, Including a recording gravitometer and calorimeter as It shall desire, provided that such equipment shall be done only by so Installed so as not to Interfere with the employees operation of Seller's measuring equipment at or agents near the point of the Authoritydeliver. However, all xxxxxxxx to the Wholesale Customer Buyer shall be based on the metering of the Seller, subject only to the provisions of Paragraph 8of this Article. 6. Each party shall have access to such metering equipment at all reasonable times. For the purpose of this Agreement, the original record or reading of the main meter shall be the journal or other record book of the Authority in its office in which the records of the employees or agents of the Authority who take the reading are or may be transcribed. Upon written request of Wholesale Customer, the Authority will give the Wholesale Customer a copy of such journal or record book, or permit the representative designated by Wholesale Customer Council’s resolution to have access to the same in the office of the Authority during reasonable business hours. (B) Not more than once in each calendar year, on a date as near the end of the Authority’s fiscal year as practical, the Authority shall calibrate its main meter or meters and present to the Wholesale Customer accuracy certification. This calibration shall be performed in the presence of a representative of Wholesale Customer, and the parties shall jointly observe any adjustments which are made to the meter in case any adjustments shall be necessary, and if the check meter hereinafter provided for has been installed, the same shall also be calibrated in the presence of a representative of the Wholesale Customer and the parties shall jointly observe any adjustments which are made to the meter in case any adjustments shall be necessary. The Authority shall give Wholesale Customer notice of the time when any such calibration is right to be made. If a representative of Wholesale Customer is not present at the time set, the Authority may proceed with calibration and adjustment in the absence of any representative of Installing, reading, cleaning, changing, repairing, Inspecting, testing, calibrating, or adjusting done In connection with the Wholesale Customer. (C) If either othe(s measuring equipment used In measuring deliveries hereunder and each party at any time observes a variation between a main delivery meter and the check meter, if any such check meter shall be installed, such party will promptly notify advise the other party, and the meters shall then be adjusted to accuracy. Each party shall give the other party forty-eight (48) hours’ notice of the time of any test of meter so Intended major maintenance operation sufficiently In advance In order that the other party may conveniently have a Its representative present. . (D) If7. All Installation of measuring equipment, upon any test, the percentage of inaccuracy of metering equipment is found applying to be in excess of two percent (2%), registration thereof shall be corrected for a period extending back to the time when such inaccuracy began, if such time is ascertainable, and if such time is not ascertainable, then for a period extending back one-half (½) of the time elapsed since the last date of calibration, but in no event farther back than a period of six (6) months. If, for any reason, the main meter is out of service or out of repair so that the amount of water delivered cannot be ascertained or computed from the reading thereof, the water delivered, through the period such meter is out of service or out of repaireffecting deliveries hereunder, shall be estimated and agreed upon by the parties thereto upon the basis made In such manner as to xxxxx! an accurate detennination of the best data availablequantity of gas delivered and ready verification of the accuracy of measurement. For such purposeOrifice meter installations, If used, shall confonn to the best data available recommendation for design and installation contained In the Gas Measurement Committee Report No.3 to the American Gas Association published April, 1955, and any modifications and amendments thereof and shall include the use of flange connections. 8. Measurement on Selle(s meter or meters shall be deemed conclusive of both parties except where the meter Is defective or falls to be register, or If found In error, In either of which case S11ller shall (a) By using the registration of any check meter if the same has been installed If Installed and is accurately registering. Otherwise, or, In the amount absence of water delivered during such period may be estimated (ia): (b) by By correcting the error if the percentage of error is ascertainable by calibration tests of calibration, test or mathematical calculation, or or, In the absence of both (iia) by and (b) then: (c) By estimating the quantity of delivery by from deliveries during the preceding periods under similar conditions when the meter was registering accurately. (E) The Wholesale Customer may, at its option ; and its own expense, install and operate a check meter to check the meter installed by the Authority, but the measurement of water for the purpose of this agreement shall be solely by the Authority’s meter, except in the cases hereinabove specifically provided to the contrary. Such check meter shall be of standard make and shall be subject at all reasonable times to inspection and examination by any employee or agent of the Authority, but the reading, calibration and an appropriate billing adjustment thereof shall be made only in aocordance with the current Rules and Regulations governing gas systems Issued by the Wholesale Customer, except during any period when a check meter may be used under Commission. 9. Seller will maintain its meters In good order and to this end will make periodic tests of Its metem pursuant to the provisions hereof for measuring the amount of water delivered, in which case the reading, calibration, current Rules and adjustment thereof shall be made Regulations governing gas systems Issued by the Authority Commission, or at such shorter Intervals as seem to Seller desirable. If Buyer is dissatisfied with like effect the accuracy at any time, It may call upon Seller to have the meter tested In accordance with all regulations relating to such tests and results of such tests as if such check meter had been furnished or installed found in the current Rules and Regulations governing gas systems Issued by the AuthorityCommission. 10. Each party shall preserve all records for a period of at least two (2) years.

Appears in 1 contract

Samples: Gas Company Contract

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