Common use of Reconciliation of Inaccurate Measurements Clause in Contracts

Reconciliation of Inaccurate Measurements. In accordance with Section 1.1(a) of this Schedule 6, the Parties shall determine the Dry Sand Weight using the Primary Dry Sand Scales. If the Parties determine that the Primary Dry Sand Scales are inaccurate by more than two percent (2.0%) or are otherwise functioning improperly, SSS shall have a third party measure the stockpiles to ensure that Producer is being invoiced for the correct Dry Sand Weight amount produced during the period for which inaccurate measurements were made (“Inaccurate Period”). Any difference between the amount initially paid by Producer for the Dry Sand Weight produced during the Inaccurate Period and the corrected Dry Sand Weight amount as determined in this Section 1.6 shall be either (i) offset against the amounts that Producer owes to SSS or (ii) paid to SSS in addition to amounts that Producer owes to SSS, in the next invoice issued by SSS under Article 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 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. Schedule 7 Quality Analysis Procedures

Appears in 1 contract

Samples: Dry Sand Tolling Agreement (Emerge Energy Services LP)

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Reconciliation of Inaccurate Measurements. In accordance with Section 1.1(a) of this Schedule 68, the Parties shall determine the Dry Wet Sand Weight using the Primary Dry Wet Sand Scales. If the Parties determine that the Primary Dry Wet Sand Scales are inaccurate by more than two percent (2.0%) [***] or are otherwise functioning improperly, SSS Seller shall have a third party measure the stockpiles to ensure that Producer SSS is being invoiced for the correct Dry Wet Sand Weight amount produced during the period for which inaccurate measurements were made (“Inaccurate Period”). Any difference between the amount initially paid by Producer SSS for the Dry Wet Sand Weight produced during the Inaccurate Period and the corrected Dry Wet Sand Weight amount as determined in this Section 1.6 shall be either (i) offset against the amounts that Producer SSS owes to SSS Seller or (ii) paid to SSS Seller in addition to amounts that Producer SSS owes to SSSSeller, in the next invoice issued by SSS the Seller under Article 13 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 Dry 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. Schedule 7 9 Quality Analysis Procedures

Appears in 1 contract

Samples: Wet Sand Supply Agreement (Emerge Energy Services LP)

Reconciliation of Inaccurate Measurements. In accordance with Section 1.1(a) of this Schedule 68, the Parties shall determine the Dry Wet Sand Weight using the Primary Dry Wet Sand Scales. If the Parties determine that the Primary Dry Wet Sand Scales are inaccurate by more than two percent (2.0%) [***] or are otherwise functioning improperly, SSS Seller shall have a third party measure the stockpiles to ensure that Producer SSS is being invoiced for the correct Dry Wet Sand Weight amount produced during the period for which inaccurate measurements were made (“Inaccurate Period”). Any difference between the amount initially paid by Producer SSS for the Dry Wet Sand Weight produced during the Inaccurate Period and the corrected Dry Wet Sand Weight amount as determined in this Section 1.6 shall be either (i) offset against the amounts that Producer SSS owes to SSS Seller or (ii) paid to SSS Seller in addition to amounts that Producer SSS owes to SSSSeller, in the next invoice issued by SSS the Seller under Article 13 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 Dry 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. Schedule 7 9 Quality Analysis Procedures

Appears in 1 contract

Samples: Wet Sand Supply Agreement (Emerge Energy Services LP)

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Reconciliation of Inaccurate Measurements. In accordance with Section 1.1(a) of this Schedule 6Exhibit F, the Parties shall determine the Dry Product Sand Weight using the Primary Dry Product Sand Scales. If the Parties determine that the Primary Dry Product Sand Scales are inaccurate by more than two percent (2.0%) or are otherwise functioning improperly, SSS Contractor shall have a third party measure the stockpiles to ensure that Producer SSS is being invoiced for the correct Dry Product Sand Weight amount produced during the period for which inaccurate measurements were made (“Inaccurate Period”). Any difference between the amount initially paid by Producer SSS for the Dry Product Sand Weight produced during the Inaccurate Period and the corrected Dry Product Sand Weight amount as determined in this Section 1.6 shall be either (i) offset against the amounts that Producer SSS owes to SSS Contractor or (ii) paid to SSS Contractor in addition to amounts that Producer SSS owes to SSSContractor, in the next invoice issued by SSS the Contractor under Article 13 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 Dry Product 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. Schedule 7 Quality Analysis Proceduresand found to be accurate within plus or minus two percent (2.0%) and not otherwise functioning improperly.

Appears in 1 contract

Samples: Wet Sand Services Agreement (Emerge Energy Services LP)

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