Common use of SAMPLING AND ANALYSES Clause in Contracts

SAMPLING AND ANALYSES. Section 1. All coal delivered hereunder shall be sampled by Buyer using a mechanical sampling system before it is commingled with other coal and approximately at the time it is weighed. The sampling party shall determine, by proper analyses made in its laboratory and at its expense, the “as-received” quality and characteristics of the coal. The sampling and analyses shall be performed in accordance with methods approved by the American Society for Testing and Materials (ASTM), or such other method as may be mutually acceptable. Except as otherwise provided in this Article, the results of the sampling and analyses by the sampling party shall be accepted as the quality and characteristics of the coal delivered hereunder. Section 2. Seller shall have the right to have a representative present at any and all times to observe the sampling and to receive a split of the resultant laboratory pulp when sampling is being performed pursuant to Section 1 above, and Seller may also analyze the coal either from its own samples or from samples taken by Buyer. Buyer shall retain the remaining portion of the laboratory pulp of each coal sample until the twentieth (20th) day following the calendar half-month in which the applicable lot of coal represented by such sample was unloaded at the Plant so that Seller (and/or a commercial laboratory employed by Seller) may obtain and analyze a portion of such laboratory pulp. Seller’s analytical results obtained from such pulp portion, however, shall not be relevant for any purpose under the Agreement. Section 3. The results of the sampling and analyses by Buyer shall be accepted as the quality and characteristics of the coal delivered hereunder at each respective consigned destination; provided, however, that if Seller should at any time question the correctness of either the sampling or the analyses made by Buyer, Seller shall have the right to have up to two (2) unit trains of coal or up to six (6) bargeload lot(s) of coal hereunder individually sampled and analyzed by a commercial testing laboratory, mutually chose, and using mutually acceptable procedures. The results of such commercial testing laboratory’s sampling and analyses shall be accepted as the quality and characteristics of such coal. If the average of one or more of the coal quality parameter values of the gross samples separately collected and analyzed by the commercial testing laboratory differ by more than the ASTM (or other mutually agreed methodology) reproducibility tolerance ranges for such respective coal quality parameter, when compared to the average values of the gross samples separately collected and analyzed by the Buyer when both sets of samples have been taken from the same delivery of coal, then Buyer shall pay such charges of such commercial testing laboratory, otherwise Seller shall pay such charges. Section 4. Unless Seller challenges, pursuant to Section 3 of this Article, the accuracy of either the sampling or analyses made by Buyer by written notice to Buyer within thirty (3) calendar days after receipt of Buyer’s notice of such analytical results, Seller shall be deemed to have waived all claims with respect to such sampling and analyses. Section 5. Coal received, unloaded, and taken into account that is not sampled but not analyzed for reasons beyond Buyer’s control shall be taken into account as follows: If during any half-month at least seventy-five (75) percent (by weight) of coal delivered from an approved shipping origin at a respective consigned destination during such period has been sampled and analyzed, then the weighted average analytical results of such samples shall be applicable to all coal delivered from such shipping origin to such consigned destination during such half-month period. If at least seventy-five (75) percent (by weight) of coal delivered from an approved shipping origin at a consigned destination during any such half-month period has not been sampled and analyzed, then the weighted average analytical results of the portion of sampled and analyzed coal shall apply to such portion, and the weighted average analytical result of the last preceding four (4) half-months in which at least seventy-five (75) percent (by weight) of the coal delivered from such shipping origin to such consigned destination was sampled and analyzed shall be applicable to such portion of the coal delivered from such shipping origin which was not sampled and/or was not analyzed for such half-month period.

SAMPLING AND ANALYSES. Section 1. All coal delivered hereunder A recognized independent laboratory ("Independent Lab"), experienced in the sampling and analyzing of coal, shall be sampled mutually agreed upon by Buyer using a mechanical and Sales Agent/Producer, and shall be engaged by each Party to perform the sampling system before it is commingled with other and analysis of all coal and approximately shipped hereunder. Independent Lab shall sample shipments at the time it is weighedOperations, located near Drennen, West Virginia. The sampling party Independent Lab shall determine, by proper analyses made in perform its laboratory and at its expense, the “as-received” quality and characteristics of the coal. The sampling and analyses shall be performed analysis in accordance with methods standards approved by the American Society for Testing and Materials ("ASTM"). The Independent Laboratory shall divide the sampled material into four (4) sample splits identified as follows: (a) Laboratory analyses, or such other method (b) Referee split, (c) Seller's split and (d) Buyer's split. The Independent Laboratory shall provide upon request the sample splits to Buyer and/or Seller as may soon as the sample is prepared. A proximate and grind analysis shall be mutually acceptabledone by the Independent Lab for each shipment. Except as otherwise hereinafter provided in this Article, the results of the sampling and analyses by the sampling party Independent Lab with respect to samples taken from any shipment shall be accepted as the quality and characteristics of that shipment. The cost of the Independent Lab's services for such sampling and analyzing of the coal delivered hereunder. Section 2in each shipment shall be paid for by the Buyer and the Seller equally. Seller Buyer shall have the right to have a representative present at any and all times to observe the sampling sampling, inspect the Independent Lab and to receive a split of take check samples at the resultant laboratory pulp when sampling is being performed pursuant to Section 1 aboveOperations, and Seller Buyer may also analyze the coal either from its own samples or from samples taken by BuyerIndependent Lab. Buyer The Independent Lab shall retain for a period of 60 days the remaining portion of the laboratory pulp of each Referee split coal sample until the twentieth (20th) day following the calendar half-month in which the applicable lot of coal represented by such sample was unloaded at the Plant taken so that Buyer and/or Seller (and/or or a commercial laboratory employed by Seller) of their choice may obtain and analyze a portion of such laboratory pulpsample. Seller’s analytical results obtained from such pulp portion, however, shall not be relevant for any purpose under If the Agreement. Section 3. The results of the sampling and analyses by Buyer shall be accepted as the quality and characteristics of the coal delivered hereunder at each respective consigned destination; provided, however, that if or Seller should at any time question the correctness of either the sampling or the analyses made by Buyerthe Independent Laboratory, Seller shall have they may, within 30 days after the right train's unloading, notify the other Party in writing to have up to two (2) unit trains of coal or up to six (6) bargeload lot(s) of coal hereunder individually sampled and request that the Referee split be analyzed by a commercial testing laboratory, second mutually chose, and using mutually acceptable proceduresagreeable Independent Laboratory. This notification should specify which analytical parameter or parameters are in dispute. The Independent Laboratory shall provide the Referee Laboratory with the properly identified sealed sample. The integrity of the moisture in reserve samples is the most difficult to preserve. Therefore, if the moisture value is in dispute, the governing result will be the higher of the values reported by the Independent and Referee Laboratory. Other analytical parameters shall be determined on a 'dry basis' and corrected to the 'as received' basis using the governing moisture. The following are the acceptable tolerance for other test parameters: Ash +/- 0.3%; Sulphur +/- 0.03%; Volatile +/- 0.5%; Calorific Value +/- 100 BTU/LB; Ash Fusion Temperature I.D. +/- 75 Degrees F. and HGI 3. Should the results fall within these tolerances, the results of such commercial testing laboratory’s sampling the Independent Laboratory will stand. Should the results fall outside the tolerance, the average dry basis analyses of the Independent Laboratory and Referee analyses shall be accepted as the quality and characteristics governing result. Should the grindability (HGI) result be in dispute, the Referee Laboratory will prepare a physical composite sample from the Referee sample, then distribute a split of such coalthe physical composite sample to an additional laboratory. If the average of one or more of the coal quality parameter values of the gross samples separately collected and analyzed by the commercial testing laboratory differ by more than the ASTM (or other mutually agreed methodology) reproducibility tolerance ranges for such respective coal quality parameter, when compared to the average values of the gross samples separately collected and analyzed by the Buyer when both sets of samples have been taken from the same delivery of coal, then Buyer shall pay such charges of such commercial testing laboratory, otherwise Seller shall pay such charges. Section 4. Unless Seller challenges, pursuant to Section 3 of this Article, the accuracy of either the sampling or analyses made by Buyer by written notice to Buyer within thirty (3) calendar days after receipt of Buyer’s notice of such analytical results, Seller shall be deemed to have waived all claims with respect to such sampling and analyses. Section 5. Coal received, unloaded, and taken into account that is not sampled but not analyzed for reasons beyond Buyer’s control shall be taken into account as follows: If during any half-month at least seventy-five (75) percent (by weight) of coal delivered from an approved shipping origin at a respective consigned destination during such period has been sampled and analyzed, then the weighted average analytical results of such samples shall be applicable to all coal delivered from such shipping origin to such consigned destination during such half-month period. If at least seventy-five (75) percent (by weight) of coal delivered from an approved shipping origin at a consigned destination during any such half-month period has not been sampled and analyzed, then the weighted average analytical results of the portion of sampled and analyzed coal shall apply to such portion, and the weighted average analytical HGI test result of the last preceding four (4) half-months in which at least seventy-five (75) percent (by weight) second laboratory is within tolerance, the original laboratory result will stand. If out of tolerance, the average of the coal delivered from such shipping origin two Referee results will be the governing analysis. The cost of this Referee analysis will be paid by the Party requesting the check analysis. Neither Party shall require the other Party to such consigned destination was sampled and analyzed shall be applicable to such portion use equipment or procedures which exceed the requirements of the coal delivered from such shipping origin which was not sampled and/or was not analyzed for such half-month periodASTM.

SAMPLING AND ANALYSES. Section 1. All coal delivered hereunder shall be sampled by Buyer using a mechanical sampling system before it is commingled with other coal and approximately at the time it is weighedweighed by Buyer on Buyer’s scales. The sampling party Buyer shall determine, by proper analyses made in its laboratory and at its expense, the “as-received” quality and characteristics of the coal. The sampling and analyses shall be performed in accordance with methods approved by the American Society for Testing and Materials (ASTM), or such other method as may be mutually acceptable. Except as otherwise provided in this Article, the results of the sampling and analyses by the sampling party Buyer shall be accepted as the quality and characteristics of the coal delivered hereunder. Section 2. Seller shall have the right to have a representative present at any and all times to observe the sampling and to receive a split of the resultant laboratory pulp when sampling is being performed pursuant to Section 1 above, and Seller may also analyze the coal either from its own samples or from samples taken by Buyer. Buyer shall retain the remaining portion of the laboratory pulp of each coal sample until the twentieth (20th) day following the calendar half-month in which the applicable lot of coal represented by such sample was unloaded at the Plant so that Seller (and/or a commercial laboratory employed by Seller) may obtain and analyze a portion of such laboratory pulp. Seller’s analytical results obtained from such pulp portion, however, shall not be relevant for any purpose under the Agreement. Section 3. The results of the sampling and analyses by Buyer shall be accepted as the quality and characteristics of the coal delivered hereunder at each respective consigned destination; provided, however, that if Seller should at any time question the correctness of either the sampling or the analyses made by Buyer, Seller shall have the right to have up to two (2) unit trains of coal or up to six (6) bargeload lot(s) of coal hereunder individually sampled and analyzed by a commercial testing laboratory, mutually chose, and using mutually acceptable procedures. The results of such commercial testing laboratory’s sampling and analyses shall be accepted as the quality and characteristics of such coal. If the average of one or more of the coal quality parameter values of the gross samples separately collected and analyzed by the commercial testing laboratory differ by more than the ASTM (or other mutually agreed methodology) reproducibility tolerance ranges for such respective coal quality parameter, when compared to the average values of the gross samples separately collected and analyzed by the Buyer when both sets of samples have been taken from the same delivery of coal, then Buyer shall pay such charges of such commercial testing laboratory, otherwise Seller shall pay such charges. Section 4. Unless Seller challenges, pursuant to Section 3 of this Article, the accuracy of either the sampling or analyses made by Buyer by written notice to Buyer within thirty (3) calendar days after receipt of Buyer’s notice of such analytical results, Seller shall be deemed to have waived all claims with respect to such sampling and analyses. Section 5. Coal received, unloaded, and taken into account that is not sampled but not analyzed for reasons beyond Buyer’s control shall be taken into account as follows: If during any half-month at least seventy-five (75) **** percent (by weight) of coal delivered from an approved shipping origin at a respective consigned destination during such period has been sampled and analyzed, then the weighted average analytical results of such samples shall be applicable to all coal delivered from such shipping origin to such consigned destination during such half-month period. If at least seventy-five (75) **** percent (by weight) of coal delivered from an approved shipping origin at a consigned destination during any such half-month period has not been sampled and analyzed, then the weighted average analytical results of the portion of sampled and analyzed coal shall apply to such portion, and the weighted average analytical result of the last preceding four (4) half-months in which at least seventy-five (75) **** percent (by weight) of the coal delivered from such shipping origin to such consigned destination was sampled and analyzed shall be applicable to such portion of the coal delivered from such shipping origin which was not sampled and/or was not analyzed for such half-month period.