Referee Analysis. The Independent Laboratory shall perform the referee analysis of any disputed Rail Sample analysis or Barge Sample analysis made by the Independent Laboratory or by Seller. The parties will agree to designate an alternate Independent Laboratory if for any reason the first named Independent Laboratory is unavailable or becomes unacceptable to either party. With respect to the characteristics of the coal in dispute, the analysis in dispute shall be deemed to have been confirmed if the difference between the referee analysis of the Independent Laboratory and the disputed analysis is within the tolerance as specified within the applicable ASTM standards. If the disputed analysis is so confirmed, then all costs of such referee analysis shall be borne by the party initiating the referee analysis. If a disputed analysis is not so confirmed, then such analysis shall be superseded by the referee analysis of the Independent Laboratory, and all costs of such referee analysis shall be shared equally by the parties.
Appears in 4 contracts
Samples: Supply Agreement (International Coal Group, Inc.), Supply Agreement (Simba Group Inc), Supply Agreement (International Coal Group, Inc.)
