PRODUCT MEASUREMENT. 1. The State will determine the value of products removed from the sale based on the total gross weight of material hauled. Weight tickets will be used to obtain the total value.
2. When mixed products with different payment rates per ton are hauled on one load, the entire load will be charged at the rate of the product with the highest value contained in the load.
3. Upon request by the State, the most recent load delivered to a receiving mill must be made available for inspection by the State or their representatives. The weight ticket identifying the load must remain affixed to the load.
PRODUCT MEASUREMENT. 8.1 Quantities of Product delivered to the Terminals and redelivered from the Storage Tanks shall be determined for deliveries and receipts by truck, rail, ship and barge volumes and shall be measured by one of the following methods: meter, scale weights, bills of lading, barge and ship gauges or terminal tank gauges. Absent fraud or manifest error, the quantities of Product in the Storage Tanks will be determined on a monthly basis by tank gauge readings on the last day of each month and, for the month of December, by a physical dipping of each storage tank. Unless indicated otherwise, quantity determinations will be based on a Barrel or Ton of Product and shall be determined in accordance with the latest established API/ASTM standards for the method of delivery. Gauging of Product received, delivered and in storage will be taken jointly by representatives of the Parties; provided, that if Customer does not have representatives present for gauging, Owner’s gauging will be conclusive, absent fraud or manifest error. Customer may use an Independent Inspector at its own expense.
8.2 Storage Tank meters and gauges will be certified and calibrated periodically and after each completion of a repair or replacement of a meter. Such repairs and replacements shall be at Owner’s expense. Such calibration shall be in accordance with the latest applicable API/ASTM standards. If a meter or gauge is determined by either Party to be defective or inoperative, such Party shall immediately notify the other Party, and it will be the responsibility of the Owner to promptly make repairs or replacements. In the event that Product was received into Storage Tanks having a faulty meter or gauge, the Parties will determine the correct volume of Product received. If the Parties are unable to determine and agree on the correct volume of Product received, they will appoint a mutually acceptable Independent Inspector to determine the correct quantity, and the findings of the Independent Inspector shall be final and binding on the Parties except for fraud or manifest error. The Parties shall share equally the cost of the Independent Inspector under this Section 8.2.
PRODUCT MEASUREMENT. Measurement of Product into and out of storage shall also be made in accordance with the procedures and methods set out in Exhibit “B”. All Product gains and losses incurred while the product is under Lessor’s control shall be for the account of Lessee in proportion to the amount of Product delivered into storage by Lessee since the last time any such losses were calculated except as noted in Section 17. Lessor shall submit to Lessee monthly stock reports supported with appropriate receiving and shipping information showing movements of Product into and out of storage and the amount of Product remaining in storage.
PRODUCT MEASUREMENT. 8.1 Quantities of Product received into and delivered from the Terminal will be determined for the applicable mode of receipt and delivery of Product by either (i) tank gauge reading taken before and after each receipt or delivery, or (ii) other appropriate quantity measuring devices, as determined by Operator. Absent obvious error, the quantities of Products in storage at any time will be determined from Terminal inventory records of receipts and deliveries. Inventory records of Product will be verified against the sum of the material in the Handling Infrastructure as well as line charge. Gauging of Product received, delivered and in storage will be taken jointly by representatives of the Parties; provided, that if Customer does not have representatives present for gauging, Operator’s gauging will be conclusive. Customer may use certified public inspectors at its own expense.
8.2 Unless indicated otherwise, quantity determinations will be based on a gallon of Product.
8.3 Operator certifies to Customer the accuracy of all gauging and Terminal records as to quantities, and grants Customer and its authorized representatives access during Operator’s normal business hours and upon reasonable prior notice for purposes of examination, testing and audit of Terminal records pertaining to the receipt, handling, storage and delivery of Customer’s Product.
PRODUCT MEASUREMENT. 8.1 Quantities of Product received into and delivered from the Terminals shall be determined as follows:
(a) for pipeline deliveries and receipts, volumes shall be determined by pipeline meters or, if pipeline meters are not available, Owner's tank gauges (as verified by an Independent Inspector at Customer's expense);
(b) for Vessel deliveries and receipts, volumes shall be based on shore tank gauges at discharge (net barrels at 60°F in accordance with the table 6-B of ASTM designation D-1250) as certified by the Independent Inspector. Subject to the mutual agreement of the Parties, a full line displacement shall be made under the Independent Inspector's supervision, and displacement volumes shall be incorporated into the discharged volumes. During such measurement, shore tanks shall be static where possible, and, if active, truck loading rack Barrels shall be corrected to 60°F and added back into the receipt volumes;
(c) for any transfer or shipment of Product between Terminals and a Third Party terminal or pipeline, which is made at Customer's request, the measurement of Owner's tank gauges (as verified by an Independent Inspector, at Customer's expense) shall control and any measurement discrepancy between the receiving or shipping Third Party and Owner shall be for Customer's account;
(d) If tankage has movements in or out except for truck loading rack liftings (active Tanks) during the pipeline measurement process, the applicable gauges and meters will be observed and recorded by an Independent Inspector, unless otherwise agreed to between the Parties in advance, to reflect actual quantities received into and delivered from such active Tanks. If shore tanks are active, except for truck loading rack liftings, or the Independent Inspector cannot verify shore tank measurements during inbound marine movements, then the Vessel's discharge figures with valid Vessel experience factor (VEF) shall be applied as certified by the Independent Inspector. If Vessel VEF is not available, Vessel figures without VEF will apply; and
(e) Absent fraud or manifest error, the quantities of Products in storage at any time will be determined from Terminal inventory records of receipts and Throughput. Unless indicated otherwise, quantity determinations will be based on a Barrel of Product and shall be determined in accordance with the latest established API/ASTM standards for the method of delivery. All volumes shall be temperature corrected to 60°F in accordance with the la...
PRODUCT MEASUREMENT. Measurement of Product into and out of storage shall be made in barrels using metering facilities of Lessee. Lessee, at its expense, shall operate and maintain the metering facilities for the measurement of Product into and out of storage. The measurement facilities used shall be of a standard type generally accepted in the industry and the methods of measurement shall be generally accepted in the industry. Lessor or its representative may witness any or all meter provings and otherwise inspect the measurement equipment and will be provided access to Lessee’s metering facilities for that purpose. All Product gains and losses incurred while the product is under Lessor’s control shall be for the account of Lessee except as noted in Section 14. Lessee shall promptly print and furnish Lessor with a report showing the volume of Product delivered and withdrawn during the preceding day, and shall also provide Lessor with a monthly summary of such deliveries and receipts. In order to assist Lessor in the management of its brine supply balances, Lessee will submit to Lessor a) by the fifteenth (15th) day of each month an estimated written forecast of the anticipated receipts and deliveries of Product for the following month and b) by the third (3rd) working day of each month, a firm written forecast of the anticipated receipts and deliveries of Product for the then current month.
PRODUCT MEASUREMENT. Except as described below, measurements, volume corrections, and calibrations shall be performed in accordance with API Manual of Petroleum Measurement Standards (“API MPMS”) latest revision. Volumes shall be based on 42 Gallons per Barrel at 60 degrees Fahrenheit. Measured Product volumes shall be adjusted to a temperature of 60 degrees Fahrenheit and a pressure of one standard atmosphere (14.7 PSIA) per the most recent Gas Processors Association TP-27/API MPMS, Chapter 11 (e.g., Table 24E, 54E, or other table relevant to the applicable Product). Cavern pump-out fees and Cavern pump-over fees will be based on measurement from meters at the Cavern well-head. The Customer acknowledges that these meters do not meet API measurement standards.
PRODUCT MEASUREMENT. Products shall be measured by calibrated meters or scales. Product weights shall be measured in short tons (2,000 pounds). Product volumes shall be rounded to the nearest three decimal places. Upon request and within reason, each Party shall have the right to have a representative witness tests of applicable meters and scales and measurements of Products. Measurements shall be deemed to be correct absent manifest error.
PRODUCT MEASUREMENT a Measurements of all Products shall be based upon United States gallons of 231 cubic ** Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. inches, 42 gallons to the barrel, corrected to 60 degrees (F and API), using API 11.2.4 Manual of Petroleum Measurements Manual Chapter 11, Physical Properties Data Section 2, Part 4—Temperature Correction for the Volume of NGL and LPG Tables 23E, 24E. R&M will be responsible for all final inventory measurement and accounting. Customer shall have the right to participate with R&M in any measurement; but, in the absence of such participation, the measurements taken by R&M shall be binding upon both parties absent fraud or manifest error. If Customer requires an independent certified gauging by a mutually acceptable independent xxxxxx, such gauging will be at Customer’s expense. The independent xxxxxx’x report shall be binding on the parties hereto absent fraud or manifest error. Measurements shall follow one or more of the following guidelines:
i) API “Manual of Petroleum Standards”, chapters 4, 5, 9, 11 and 14. b For all sampling, gravity, and temperature measurements:
i) API “Manual of Petroleum Standards”, chapters 7, 9, and 14, and ASTM D-1265 and D-6849.
PRODUCT MEASUREMENT. Quantities of Product received into and delivered from the Terminal will be determined for the applicable mode of receipt and delivery of Product by either (i) tank gauge reading taken before and after each receipt or delivery, or (ii) other appropriate quantity measuring devices, as determined by Operator. Absent obvious error, the quantities of Products in storage at any time will be determined from Terminal inventory records of receipts and deliveries. Inventory records of Product will be verified against the sum of the material in the Handling Infrastructure as well as line charge. Gauging of Product received, delivered and in storage will be taken jointly by representatives of the Parties; provided, that if Customer does not have representatives present for gauging, Operator’s gauging will be conclusive. Customer may use certified public inspectors at its own expense.
