Method for Determining Final Analysis Sample Clauses

Method for Determining Final Analysis. (a) From the Lot samples taken in accordance with Article 9, assays for copper, gold and silver respectively, shall be made independently by Seller and Buyer and the results of such assays shall be exchanged simultaneously on a Lot-by-Lot basis by courier within 60 days from the date the samples are taken and sealed. If one Party fails to so exchange its assay results, the assay results of the other Party shall be deemed to be conclusive, provided that if such failure is due to valid and justifiable reason, then upon the request of such Party, the other Party shall, in good faith, consider extension of time limit for exchanging the assays. (b) Determination for gold and silver assays shall be made in accordance with fire assay methods corrected for slag loss and cupel absorption. Umpires, when required, shall be instructed accordingly. (c) The mean of the Parties’ assay results for each Payable Metal shall be final and binding upon the Parties, if the differences between them are within the following limits (“Splitting Limits”): The Splitting Limits for any agreed penalty elements shall be mutually agreed between the Parties at such time as they agree on any penalty elements. (d) All assays (including umpire assay) shall show copper content to 1/100th of one percent, silver content to the nearest one gram and gold content to the nearest 1/10th of a gram per DMT.
Sample 1
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Method for Determining Final Analysis. From the samples taken in accordance with Article 12 at the Receiving Works, assays for copper, gold and silver, respectively, shall be made independently by the respective assayers of Seller and Buyer, and the results of such assays shall be exchanged simultaneously on a lot by lot basis within 40 days from time of sampling. The mean of such results shall be final and binding upon the parties hereto, if such results show that the differences between Seller's and Buyer's assays are within the following limits: Copper 0.3% Gold 0.5 gram per DMT Silver 15.0 grams per DMT 13.2 Determination of Final Analysis if Shipment Diverted. If any shipment is diverted to an alternate port pursuant to Section 5.11 other than any Port of Discharge, Seller's analysis at the Port of Loading shall govern unless Buyer obtains Seller's prior written consent to utilize the analysis at the alternate port, which consent Seller shall not unreasonably withhold.
Sample 1Sample 2
Method for Determining Final Analysis. (a) From the samples taken in accordance with Article 8, assays for the final agreed content of Payable Metals and Penalty Elements respectively, shall be made independently by the Seller’s and the Purchasers’ Agent’s nominated laboratories. Unless otherwise agreed, the Purchasers’ Agent’s nominated laboratory shall be either the Receiving Works’ laboratory or an internationally recognized third party assay laboratory. Umpires, when required, shall be instructed accordingly. The results of such assays shall be exchanged simultaneously on a lot-by-lot basis by courier or by email using password protected documents within 45 days from the samples sealing date as set out in Section 8.5. The Purchasers’ Agent and Seller shall obtain and share with the other Party an original assay certificate issued by their respective nominated laboratory and signed by such laboratory’s chief chemist. In the event the Seller is nominating a non-independent laboratory, the Purchasers’ Agent shall have the right from time to time to request from the Seller a certification from an international recognized third party as to the procedures used by the non-independent laboratory meeting internationally recognized standards. (b) If one Party is unable to so exchange its assay results due to a valid and justifiable reason within such 45-day period, then upon the request of such Party, the other Party shall, in good faith, consider an extension of time limit for exchanging the assays. In the event one Party fails to so exchange its assay results for a particular Parcel, the assay results of the other Party for that Parcel shall be deemed to be conclusive. (c) The mean of such results shall be final and binding upon the Parties as the agreed assay for the relevant Parcel, if such results show that the differences between the Seller’s and the Purchasers’ Agent’s assays for that Parcel do not exceed the following splitting limit (the “Splitting Limit”): Molybdenum (Mo) 0.30% (d) Seller and the Purchasers’ Agent shall from time to time review the Splitting Limit as set out in Section 9.2(c) to determine if adjustments to the Splitting Limit are appropriate. (e) All assays (including Umpire assays) shall show molybdenum content to 1/100 of one per cent. (f) In the event that the Splitting Limit is not representative based on the agreed Concentrate Specifications, either Party may request an adjustment to such Splitting Limit. In the event that the Parties do not agree to an adjustment, it ...
Sample 1
Method for Determining Final Analysis. From the Lot samples taken in accordance with Sections 9.03 and 9.04, assays for each of copper, gold and silver, and penalty elements if applicable, shall be made independently by the respective assayers of the Seller and the Buyer (who shall not at that time be one of the Umpires). The results of such assays shall be exchanged simultaneously on a Lot-by-Lot basis, or composite basis for penalty elements, by mail as soon as possible, on a date mutually agreed
Sample 1
Method for Determining Final Analysis. From the Lot samples taken in accordance with Sections 9.03 and 9.04, assays for each of copper, gold and silver, and penalty elements if applicable, shall be made independently by the respective assayers of the Seller and the Buyer (who shall not at that time be one of the Umpires). The results of such assays shall be exchanged simultaneously on a Lot-by-Lot basis, or composite basis for penalty elements, by mail as soon as possible, on a date mutually agreed upon. If one Party fails to so exchange its assay results, the assay results of the other Party shall be deemed to be conclusive. Determination for gold and silver assays shall be made in accordance with fire assay methods corrected for slag loss and cupel absorption. The mean of such results shall be final and binding upon the Parties hereto if such results show that the differences between the Seller’s and the Buyer’s assays are within the following limits: Copper: [**] Gold: [**] Silver: [**]
Sample 1

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