Quantity and Quality. A. VeraSun Fort Dodge shall sell to AREI the total output of fuel grade ethanol ("Ethanol") produced at the VeraSun Fort Dodge, Iowa, facility ("Plant"), currently anticipated to be one hundred (110) million gallons per year. Ethanol shall be delivered FOB the Plant, and title shall pass as the Ethanol is loaded into transport vessels.
B. Such Ethanol shall meet or exceed all industry standards, including but not limited to ASTM D.4806 specifications and Magellan Pipeline Company specifications for E-Grade Denatured Fuel Ethanol
C. Ethanol produced at the Plant and marketed by VeraSun Fort Dodge, directly or indirectly, to the E-85 fuel market is excluded from this Agreement.
Quantity and Quality. A. VERASUN shall sell to WES the total output of fuel grade ethanol ("Ethanol") produced at the VERASUN Aurora, South Dakota, facility ("Plant"), currently anticipated to be one hundred (100) million gallons per year. Ethanol shall be delivered FOB the Plant, and title shall pass as the Ethanol is loaded into transport vessels.
B. Such Ethanol shall meet or exceed all industry standards, including but not limited to ASTM D.4806 specifications and Xxxxxxxx Pipeline Company specifications for E-Grade Denatured Fuel Ethanol.
Quantity and Quality. 6.1 Quantity of product delivered shall be determined at Seller's or Supplier's or its sub-contractor’s option by one of such generally recognized methods of measurement as is appropriate in the circumstances. In case of delivery from shore terminal, the quantity of Bunkers delivered shall be determined from ullages taken in the shore tanks before and after the Bunkers are pumped out. In the case of delivery by barge, the quantity of Bunkers delivered shall be determined from the ullages or soundings of the barge tanks before and after the Bunkers are pumped out. These measurements shall be made in accordance with ASTM-IP Petroleum measurement tables.
6.2 Such determination shall be conclusive, but Buyer shall have the right to be represented at the time of measuring and sampling and the representative may inspect the Bunkers to be delivered before they are pumped out of the shore or barge tank, but if the Buyer is not represented then the barge's determination of quantity shall be deemed to be correct and Buyer shall thereby waive any claim against Seller with respect thereto.
6.3 Buyer shall have sole responsibility for the selection of proper marine fuels for use in the Vessel.
6.4 The quality of each grade of marine fuel shall be the usual quality of that grade offered for sale or being sold by Seller/Supplier at the time and place of delivery. THERE ARE NO GUARANTEES NOR WARRANTIES, EXPRESSED OR IMPLIED, OF MERCHANTABILITY, FITNESS OR SUITABILITY OF THE BUNKERS FOR ANY PARTICULAR PURPOSE OR OTHERWISE, WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED HERE.
6.5 Complaints and/or claims as to quality must be based on tests jointly made as soon as possible by an independent laboratory from samples taken at time of delivery from the shore tank or barge from which delivery is made. A representative of Seller/Supplier shall take, by continuous drip or through an automatic sampling devise where applicable, seal and identify three (3)such samples of each grade of marine fuel delivered, giving one to
6.6 It is the duty of Buyer to take all reasonable actions, including retention and burning of fuel, to eliminate or minimize any costs associated with an off-specification or suspected off-specification supply. To this end Buyer shall co-operate with Seller in achieving the most cost-effective solution. In any event Seller's liability hereunder shall not exceed the direct expenses incurred for removal and replacement of the off-spec Bunkers and shall not include any ...
Quantity and Quality. Unless otherwise provided in the Agreement, Cargo quantity and quality shall be determined by an independent and mutually acceptable inspector, the cost of which shall be shared equally between the Parties, and whose determinations as to quantity and quality shall be conclusive and binding upon the Parties.
Quantity and Quality. A. Subject to the terms of Section 2.B. below, Husker shall sell exclusively to ARE the total output of fuel grade ethanol (“Ethanol”) produced at Husker’s Plainview, Nebraska facility (“Plant”), currently anticipated to be approximately seventy (70) million gallons per year. Ethanol shall be delivered FOB the Plant, and title shall pass on the date of the Xxxx of Lading. Ethanol produced for the intended use as an alternative or racing fuel shall not be excluded from this Agreement.
B. Notwithstanding the foregoing provision of this Agreement, Husker shall retain the right to ratably market up to one hundred twenty thousand (120,000) gallons per month of Husker’s total production of Ethanol, provided that any and all such sales shall be within one hundred (100) miles of the Plant. Husker shall give sufficient advance written notice of such gallons to ARE as the parties may agree. Upon receipt of such notice from Husker, ARE shall grant written permission to Husker to make such gallons available for marketing by Husker as soon as possible, and such permission shall not be unreasonably withheld. Under no circumstance shall any gallons committed to customers of ARE be available for marketing by Husker. Once permission is granted to Husker by ARE, the requested gallons shall become the sole responsibility of Husker.
C. Such Ethanol shall meet or exceed all industry standards and any specifications required by ARE’s customers. ARE shall have the right to reject any Ethanol which does not meet such standards and such standards are subject to change by ARE. ARE’s current specifications are attached as Exhibit A hereto.
Quantity and Quality. Unless otherwise specified in The Agreement, the following means of determining quality and quantity shall apply. If the shipments are by pipeline, mutually acceptable meters at or near the delivery point or tank gauges, as read by the operator at the time of delivery, shall determine the quantity of Product. Quantity shall be measured and determined by Seller or Delivering Party for rail shipments using the gauging tables provided by the rail car manufacturer, magnetic gauges on rail cars, or by weighing rail cars after loading. For truck shipments, quantity shall be measured and determined by Seller or Delivering Party using certified scales weights before and after truck loading, or truck rack meters. For delivery to or from barges or vessels quantity shall be determined by independent inspector, the expenses of which shall be shared equally by Seller and Buyer or by Delivering Party and Receiving Party. The quantity of Product sold or exchanged hereunder, as determined by Seller, Delivering Party, independent inspector, or operator, as applicable, shall be binding on the parties.
Quantity and Quality. During the term of the Agreement, Company shall be the exclusive provider of the services set forth below and shall take and Customer agrees to provide one hundred percent (100%) of Customer’s (“Recyclables”). Customer will provide (a) wastepaper including old corrugated containers in accordance with the most current ISRI Scrap Specifications Circular, Guidelines for Nonferrous Scrap, Ferrous Scrap, Glass Cullet, Paper Stock, Plastic Scrap, and any amendments thereto or replacements thereof (“Specifications”) and (b) non fiber commodities and commingled recyclables in accordance with the Company’s specifications (also “Specifications”) which are available at xxx.xxxxxxxxxxxxxx.xxx or upon request. Notwithstanding the foregoing, if the specifications for the Recyclables are not provided by Company, Customer shall provide Recyclables in accordance with industry standards. In the event that the Recyclables do not meet Specifications, Customer shall have the sole responsibility for any resulting settlement or adjustments, including price reductions, transportation, disposal costs, and contamination fees, all of which may include an amount for Company’s operating and gross profit margin. Recyclables specifically exclude, and Customer agrees not to deposit or permit the deposit for collection of, any waste tires, radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, bio-hazardous, regulated medical or hazardous waste, toxic substance or material, as defined by, characterized or listed under applicable federal, state, or local laws or regulations, or chemical or other properties that are deleterious or capable of causing material damage to any part of Company's property, its personnel or the public or materially impair the strength or the durability of the Company's structures or equipment, or any materials containing information (in hard copy or electronic format, or otherwise) which information is protected or regulated under any local, state or federal privacy or data security laws, including, but not limited to the Health Insurance Portability and Accountability Act of 1996, as amended, or other regulations or ordinances or other waste not approved in writing by Company (collectively, “Excluded Materials”). Title to and liability for Excluded Materials shall remain with Customer at all times. Title to Recyclables provided by Customer to Company is transferred to Company upon Company’s receipt or collection unless otherwise provided i...
Quantity and Quality. Within the first twenty (20) calendar days (hereinafter “Days”) of each calendar month (hereinafter “Month”), the Mixed Company shall inform PPSA of the volume of Hydrocarbons it estimates to deliver to PPSA the following Month. The delivery points for the Hydrocarbons shall be the fiscalization points established by the Ministry (the “Delivery Points”), and the conditions of delivery, the volume and quality (API grades and sulfur content) of the Hydrocarbons actually delivered, shall be determined in accordance with the royalty agreement entered into with the Ministry (the “Royalty Agreement”) in effect at the time of delivery. Each Party and each shareholder of the Mixed Company shall have the right to request tests of the meters in place at the Delivery Points by an independent expert, and to witness such tests and receive the test results.
Quantity and Quality. (1) Subject to section 6.1(5), once the Process Facility has attained Commercial Production, BMR shall throughout the term of this Agreement deliver to ESI on an annual basis, and ESI shall purchase on an annual basis, subject to the terms of this Agreement the lesser of the following amounts of BMR Ore:
(a) the total amount of BMR Ore extracted from the Mineral Property using commercially reasonable efforts; and
(b) an amount of BMR Ore containing not less than [REDACTED: Number] metric Tonnes of contained cobalt (the "Required Delivery Amount").
(2) During the start-up and commissioning phase of the Process Facility to attain Commercial Production, BMR agrees to deliver such amounts of BMR Ore requested by ESI and the Parties shall work cooperatively to establish a mutually agreeable delivery schedule.
(3) In addition to the Product, all saleable Minerals, metals and associated by-products produced at the Process Facility by ESI from the Required Delivery Amount will be sold by ESI under the same provisions set out in this Agreement pertaining to the sale of Product and any sale proceeds will be included in Revenues.
(4) Notwithstanding section 6.1(1), if BMR extracts more BMR Ore from the Mineral Property than is needed to fulfil its annual obligation to deliver the Required Delivery Amount to ESI, and if the Process Facility has attained a processing capacity that exceeds the Required Delivery Amount, and if ESI is prepared to accept additional quantities, then BMR may, but shall not be obliged to, deliver additional quantities of BMR Ore to ESI to satisfy the full input needs of the Processing Facility. Any such additional quantities of BMR Ore delivered to ESI shall be delivered under the terms of this Agreement or upon such other terms as agreed to by ESI and BMR in writing provided that nothing in this section 6.1(4) shall be construed as obliging ESI to accept additional quantities of BMR Ore if mutually agreeable purchase and sale terms cannot be reached.
(5) Notwithstanding section 6.1(4), provided that BMR has fulfilled its obligation to deliver the Required Delivery Amount of BMR Ore to ESI, nothing contained in this Agreement shall limit or restrict BMR's entitlement to process any additional amounts of extracted BMR Ore at its own facilities or to sell the additional amounts of BMR Ore to a third party.
(6) The Technical Committee shall establish in writing a minimum quality standard for the BMR Ore delivered by BMR to the Process Facility h...
Quantity and Quality. All of FX's production of Nevada type crude oil from the properties operated by FX in Xxx County, Nevada.
