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.
AutoNDA by SimpleDocs
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. 13.3
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
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.
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. 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. 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 8.4. 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.
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: [**]

Related to Method for Determining Final Analysis

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

  • Standards for Determining Commercial Reasonableness Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

  • Independent Evaluation Buyer is experienced and knowledgeable in the oil and gas business. Buyer has been advised by and has relied solely on its own expertise and legal, tax, accounting, marketing, land, engineering, environmental and other professional counsel concerning this transaction, the Subject Property and value thereof.

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

  • Investment Analysis and Implementation In carrying out its obligations under Section 1 hereof, the Advisor shall:

  • Representation Method of Testing (i)(a) (i)

  • Tests and Preclinical and Clinical Trials The preclinical studies and clinical trials conducted by or, to the Company’s knowledge, on behalf of the Company, that are described in the Registration Statement, the Pricing Disclosure Package and the Prospectus, as applicable, and are intended to be submitted to the U.S. Food and Drug Administration (the “FDA”) or other comparable government entities, were and, if still ongoing, are being conducted in all material respects in accordance with experimental protocols, procedures and controls pursuant to accepted professional scientific standards and all Authorizations and Applicable Laws, including, without limitation, current Good Clinical Practices and Good Laboratory Practices and any applicable rules and regulations of the jurisdiction in which such trials and studies are being conducted; the descriptions of the results of such studies and trials contained in the Registration Statement, the Pricing Disclosure Package and the Prospectus are, to the Company’s knowledge, accurate and complete in all material respects and fairly present the data derived from such studies and trials; except to the extent disclosed in the Registration Statement, the Pricing Disclosure Package and the Prospectus, the Company is not aware of any studies or trials, the results of which the Company believes reasonably call into question the study or trial results described or referred to in the Registration Statement, the Pricing Disclosure Package and the Prospectus when viewed in the context in which such results are described and the clinical stage of development; and, except to the extent disclosed in the Registration Statement, the Pricing Disclosure Package or the Prospectus, the Company has not received any written notices or written correspondence from the FDA or any governmental entity requiring the termination or suspension of any preclinical studies or clinical trials conducted by or on behalf of the Company, other than ordinary course communications with respect to modifications in connection with the design and implementation of such trials, copies of which communications have been made available to you.

  • Inspection and Testing 7.5.1 Meters, data acquisition, and related protection equipment at Generator's Interconnection Point shall be tested at least biennially by Generator in accordance with the provisions for meter testing as established in American National Standard Institute Code for Electricity Metering (ANSI) Standard C12.16 for Solid State Electricity Meters, as the same may be updated from time to time. Representatives of each Party shall be afforded an opportunity to witness such tests.

  • Financial testing The financial covenants set out in Clause 20.2 (Financial condition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 (Compliance Certificate).

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

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!