Common use of Reconciliation of Inaccurate Measurements Clause in Contracts

Reconciliation of Inaccurate Measurements. In accordance with Section 1.1(a) of this Exhibit F, the Parties shall determine the Product Sand Weight using the Primary Product Sand Scales. If the Parties determine that the Primary Product Sand Scales are inaccurate by more than two percent (2.0%) or are otherwise functioning improperly, Contractor shall have a third party measure the stockpiles to ensure that SSS is being invoiced for the correct Product Sand Weight amount produced during the period for which inaccurate measurements were made (“Inaccurate Period”). Any difference between the amount initially paid by SSS for the Product Sand Weight produced during the Inaccurate Period and the corrected Product Sand Weight amount as determined in this Section 1.6 shall be either (i) offset against the amounts that SSS owes to Contractor or (ii) paid to Contractor in addition to amounts that SSS owes to Contractor, in the next invoice issued by the Contractor under Article 6 of this Agreement; provided, however, that the Parties shall not make such adjustment for any period prior to the date on which the Primary Product Sand Scales were last tested and found to be accurate within plus or minus two percent (2.0%) and not otherwise functioning improperly.

Reconciliation of Inaccurate Measurements. In accordance with Section 1.1(a) of this Exhibit FSchedule 6, the Parties shall determine the Product Dry Sand Weight using the Primary Product Dry Sand Scales. If the Parties determine that the Primary Product Dry Sand Scales are inaccurate by more than two percent (2.0%) or are otherwise functioning improperly, Contractor SSS shall have a third party measure the stockpiles to ensure that SSS Producer is being invoiced for the correct Product Dry Sand Weight amount produced during the period for which inaccurate measurements were made (“Inaccurate Period”). Any difference between the amount initially paid by SSS Producer for the Product Dry Sand Weight produced during the Inaccurate Period and the corrected Product Dry Sand Weight amount as determined in this Section 1.6 shall be either (i) offset against the amounts that SSS Producer owes to Contractor SSS or (ii) paid to Contractor SSS in addition to amounts that SSS Producer owes to ContractorSSS, in the next invoice issued by the Contractor SSS under Article 6 13 of this Agreement; provided, however, that the Parties shall not make such adjustment for any period prior to the date on which the Primary Product Dry Sand Scales were last tested and found to be accurate within plus or minus two percent (2.0%) and not otherwise functioning improperly. *** 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.

Reconciliation of Inaccurate Measurements. In accordance with Section 1.1(a) of this Exhibit FSchedule 8, the Parties shall determine the Product Wet Sand Weight using the Primary Product Wet Sand Scales. If the Parties determine that the Primary Product Wet Sand Scales are inaccurate by more than two percent (2.0%) [***] or are otherwise functioning improperly, Contractor Seller shall have a third party measure the stockpiles to ensure that SSS is being invoiced for the correct Product Wet Sand Weight amount produced during the period for which inaccurate measurements were made (“Inaccurate Period”). Any difference between the amount initially paid by SSS for the Product Wet Sand Weight produced during the Inaccurate Period and the corrected Product Wet Sand Weight amount as determined in this Section 1.6 shall be either (i) offset against the amounts that SSS owes to Contractor Seller or (ii) paid to Contractor Seller in addition to amounts that SSS owes to ContractorSeller, in the next invoice issued by the Contractor Seller under Article 6 14 of this Agreement; provided, however, that the Parties shall not make such adjustment for any period prior to the date on which the Primary Product Wet Sand Scales were last tested and found to be accurate within plus or minus two percent (2.0%) [***] and not otherwise functioning improperly.

Reconciliation of Inaccurate Measurements. In accordance with Section 1.1(a) of this Exhibit F, the Parties shall determine the Product Sand Weight using the Primary Product Sand Scales. If the Parties determine that the Primary Product Sand Scales are inaccurate by more than two percent (2.0%) or are otherwise functioning improperly, Contractor shall have a third party measure the stockpiles to ensure that SSS is being invoiced for the correct Product Sand Weight amount produced during the period for which inaccurate measurements were made (“Inaccurate Period”). Any difference between the amount initially paid by SSS for the Product Sand Weight produced during the Inaccurate Period and the corrected Product Sand Weight amount as determined in this Section 1.6 shall be either (i) offset against the amounts that SSS owes to Contractor or (ii) paid to Contractor in addition to amounts that SSS owes to Contractor, in the next invoice issued by the Contractor under Article 6 of this Agreement; provided, however, that the Parties shall not make such adjustment for any period prior to the date on which the Primary Product Sand Scales were last tested *** 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. and found to be accurate within plus or minus two percent (2.0%) and not otherwise functioning improperly.

Reconciliation of Inaccurate Measurements. In accordance with Section 1.1(a) of this Exhibit FSchedule 6, the Parties shall determine the Product Dry Sand Weight using the Primary Product Dry Sand Scales. If the Parties determine that the Primary Product Dry Sand Scales are inaccurate by more than two percent (2.0%) or are otherwise functioning improperly, Contractor SSS shall have a third party measure the stockpiles to ensure that SSS Producer is being invoiced for the correct Product Dry Sand Weight amount produced during the period for which inaccurate measurements were made (“Inaccurate Period”). Any difference between the amount initially paid by SSS Producer for the Product Dry Sand Weight produced during the Inaccurate Period and the corrected Product Dry Sand Weight amount as determined in this Section 1.6 shall be either (i) offset against the amounts that SSS Producer owes to Contractor SSS or (ii) paid to Contractor SSS in addition to amounts that SSS Producer owes to ContractorSSS, in the next invoice issued by the Contractor SSS under Article 6 13 of this Agreement; provided, however, that the Parties shall not make such adjustment for any period prior to the date on which the Primary Product Dry Sand Scales were last tested and found to be accurate within plus or minus two percent (2.0%) and not otherwise functioning improperly.

Reconciliation of Inaccurate Measurements. In accordance with Section 1.1(a) of this Exhibit FSchedule 8, the Parties shall determine the Product Wet Sand Weight using the Primary Product Wet Sand Scales. If the Parties determine that the Primary Product Wet Sand Scales are inaccurate by more than two percent (2.0%) [***] or are otherwise functioning improperly, Contractor Seller shall have a third party measure the stockpiles to ensure that SSS is being invoiced for the correct Product Wet Sand Weight amount produced during the period for which inaccurate measurements were made (“Inaccurate Period”). Any difference between the amount initially paid by SSS for the Product Wet Sand Weight produced during the Inaccurate Period and the corrected Product Wet Sand Weight amount as determined in this Section 1.6 shall be either (i) offset against the amounts that SSS owes to Contractor Seller or (ii) paid to Contractor Seller in addition to amounts that SSS owes to ContractorSeller, in the next invoice issued by the Contractor Seller under Article 6 14 of this Agreement; provided, however, that the Parties shall not make such adjustment for any period prior to the date on which the Primary Product Wet Sand Scales were last tested and found to be accurate within plus or minus two percent (2.0%) [***] and not otherwise functioning improperly. *** 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.