Meter Calibration and Adjustment Sample Clauses
Meter Calibration and Adjustment. The accuracy of measuring equipment will be verified by Gatherer, or its designee, at intervals stipulated below and in accordance with applicable industry standards. Gatherer or its designee will verify the accuracy of such equipment at least once every [***] unless Producer requests a special test as described below. If, upon any test, the measuring equipment is found to be inaccurate by [***] or less, previous readings of such equipment will be considered correct in computing the deliveries of Produced Water under this Agreement, but such equipment will immediately be adjusted to record accurately. If, upon any test, the measuring equipment is found to be inaccurate by more than [***] of the calibrated range since the last test, then any previous recordings of such equipment will be corrected for any period which is known definitely or agreed upon in accordance with the procedure set forth in GTC Section III(d). If such period is not known or agreed upon, such correction will be made for a period covering one-half of the time elapsed since the date of the latest test, but not to exceed [***] days when the equipment is tested every Month and not to exceed [***] days when the equipment is tested every [***] Months. If Producer desires a special test of any measuring equipment, at least [***] days advance notice will be given to Gatherer or its designee by Producer, and both Parties will cooperate to secure a prompt test of the accuracy of such equipment. The cost of the special test shall be paid by Producer if the measuring equipment is found to be inaccurate by [***] or less. The cost of the special test shall be paid by Gatherer if the measuring equipment is found to be inaccurate by more than [***].
Meter Calibration and Adjustment. (a) Each meter used for the purposes of billing Multek shall be tested and calibrated by IBM at intervals consistent with manufacturers recommendations and, as required by the City of Austin regulations. Multek shall provide IBM representatives reasonable access to the Multek Site for such purposes. Any meter found to be inaccurate 14 19 shall be restored to accurate condition or an accurate meter substituted. Multek shall reimburse IBM for fifty percent (50%) of all costs incurred by IBM for the foregoing as a Multek Operating Expense, except that IBM shall pay for the testing and recalibration within ten (10) days prior to or after the Closing Date.
(b) IBM shall make or cause to be made special tests of meters used to measure Multek's usage upon reasonable request of Multek and at reasonable times. Except as prohibited by the City of Austin regulations, the cost of all such tests of these meters and required calibrations shall be included in Multek Operating Expenses. The result of all tests and calibrations shall be open to examination by Multek upon reasonable request and at reasonable times. If, as a result of any test, any meter is found to be inaccurate, then the readings of such meter previously taken shall be re-examined and, if there is greater than a two percent (2%) deviation from the manufacturer=s tolerances, a reconciliation statement shall be issued to Multek within thirty (30) days after such determination together with a payment to Multek or a request for additional sums from Multek (to be paid within forty-five (45) days of receipt of the reconciliation), as the case may be. IBM shall recalibrate and test the inaccurate meters and each party shall pay fifty percent (50%) of the expense incurred by IBM therefor.