Common use of SAMPLING AND ANALYSES Clause in Contracts

SAMPLING AND ANALYSES. A recognized Independent Laboratory experienced in the sampling and analyzing of coal, shall be mutually agreed upon by Buyer and Seller, and shall be engaged by each party to perform the sampling and analysis of coal shipped hereunder. During the loading of the barges, sample increments shall be collected by the most reliable, practical and mutually agreeable procedures. The frequency and mass of the increments shall be in accordance with ASTM standards. The cargo shall be divided into 5,000 MT sublots. The preparation of each sublot sample shall yield the following four mesh sample splits: a) laboratory analyses, b) referee split, c) Seller's split and d) Buyer's split. The Independent Lab shall provide upon request the splits of the sublot samples to the Buyer and/or Seller as soon as the sample is prepared. The Independent Lab shall properly identify, seal, and retain the referee splits of each sublot sample for a period of 60 days so that the Buyer or Seller may analyze such samples. The sublot samples shall be analyzed for total moisture, ash, sulfur, volatile, and gross calorific value (BTU/LB). The initial sublot(s) shall be tested immediately and the results reported to Seller and Buyer/Buyer's Agent upon completion of testing. The Vessel certified analyses shall be the weighted mathematical average of all sublot values for moisture, ash, volatile, sulphur and calorific value. A physical composite sample of the sublot samples shall be prepared and analyzed for grindability index (HGI), ash fusion temperature, mineral ash, and ultimate analyses. The cost of the Independent Lab's services for such sampling and analyzing of the coal in each shipment shall be paid for by the Buyer and Seller, equally. If the Buyer or Seller should question the correctness of the analyses made by the Independent Lab, they may, within 30 days after the Vessel unloading, notify the other Party in writing to request that the Referee splits be analyzed by a second mutually agreeable Independent Laboratory. This notification should specify which analytical parameter or parameters are in dispute. The Independent Lab shall provide the Referee Lab with the properly identified sealed sublot samples. 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 averaged value 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 the Independent Lab will stand. Should the results fall outside the tolerance, the average dry basis analyses of the Independent Laboratory and Referee analyses shall be the governing result. Should the grindability (HGI) result be in dispute, the Referee Lab will prepare a physical composite sample from the Referee sublot samples, then distribute a split of the physical composite sample to an additional laboratory. If the HGI test result of the second laboratory is within tolerance, the original laboratory result will stand. If out of tolerance, the average of the two 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 use equipment or procedures which exceed the requirements of ASTM.

SAMPLING AND ANALYSES. A recognized independent laboratory ("Independent Laboratory Laboratory"), experienced in the sampling and analyzing of coal, shall be mutually agreed upon by Buyer and Seller, and shall be engaged by each party Party to perform the sampling, sample preparation, and analysis of the coal shipped hereunder from the Primary Source. The Independent Laboratory shall sample shipments at the Operations and it shall perform its sampling and analysis of coal shipped hereunder. During the loading of the barges, sample increments shall be collected by the most reliable, practical and mutually agreeable procedures. The frequency and mass of the increments shall be in accordance with ASTM standardsstandards approved by the American Society for Testing and Materials ("ASTM"). The cargo shall be divided into 5,000 MT sublots. The preparation of each sublot sample shall yield Buyer reserves the following four mesh sample splits: right to request additional sampling and analysis from that required herein for coal shipped from a Secondary Source. (a) laboratory analysesLaboratory analysis, (b) referee Referee split, (c) Seller's split and (d) Buyer's split. The Buyer or Buyer's Agent shall have access to witness all sampling, sample preparation, screen testing and sealing of samples. The Independent Lab shall provide upon request the splits of the sublot train samples to the Buyer or Buyer's Agent and/or Seller as soon as the sample is prepared. The Independent Lab Laboratory shall properly identify, seal, and retain the referee splits of each sublot train sample for a period of 60 days so that the Buyer or Seller may analyze such samples. The sublot samples Buyer's Agent will be permitted to place a suitable seal on Referee samples. The composite sample for each train shall be analyzed by the Independent Laboratory for total moisture, ash, sulfur, volatile, and gross calorific value (BTU/LB). The initial sublot(s) shall be tested immediately (Proximate Analysis) and the results (wet & dry) reported to Seller and Buyer/Buyer's Agent upon completion of testing. The Vessel certified analyses analysis shall be the weighted mathematical average of all sublot for each train's values for moisture, ash, volatile, sulphur sulfur, and calorific value. A physical composite sample of the sublot samples trains comprising a vessel cargo shall be prepared and analyzed by the Independent Laboratory for grindability index (HGI), ash fusion temperature, mineral ash, mercury and ultimate analysesanalysis. The cost of the Independent Lab's laboratory services for such sampling and analyzing of the coal in each shipment shall be paid for by the Buyer and Seller, equally. If the Buyer or Seller should question the correctness of the analyses made by the Independent LabLaboratory, they may, within 30 days after the Vessel unloading, notify the other Party in writing to request that the Referee splits be analyzed by a second mutually agreeable Independent Laboratory. This notification should specify which analytical parameter or parameters are in dispute. The Independent Lab Laboratory shall provide the Referee Lab Laboratory with the properly identified sealed sublot Referee train samples. 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 averaged value 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/LBLB Dry Basis; Ash Fusion Temperature I.D. +/- 75 Degrees F. and HGI 3. Should the results fall within these tolerances, the results of the Independent Lab Laboratory will stand. Should the results fall outside the tolerance, then the average dry basis analyses of the Independent Laboratory and Referee analyses shall be the governing result. Should the grindability (HGI) result be in dispute, the Referee Lab Laboratory will prepare a the physical composite sample from the Referee sublot samples, then distribute a split of samples to perform the physical composite sample to an additional laboratoryHGI test. If the HGI test result of the second laboratory Referee Laboratory is within tolerancetolerance (3), the original laboratory result will stand. If out of tolerance, the average of the 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 Party shall require the other party Party to use equipment or procedures which exceed the requirements of ASTM.

SAMPLING AND ANALYSES. A Two recognized Independent Laboratory Laboratories experienced in the sampling and analyzing of coal, shall be mutually agreed upon by Buyer and Seller, and Seller as the Labs of Record. One of these laboratories shall be engaged by each party Party to perform the sampling sampling, sample preparation, and analysis of the coal shipped hereunder. The other laboratory at the option of either the Buyer or the Seller shall perform analyses of the prepared splits from the sublot and composite samples. At least one of the Labs of Record shall utilize the High Temperature Combustion Method with Infrared Absorption Detection Procedures (ASTM D4239 Method C) for determination of sulfur in samples of coal. During the loading of the rail cars, barges, or ship, sample increments shall be collected by the most reliable, practical and mutually agreeable proceduresprocedures in accordance with either ASTM D2234 (manual) or D4702 (mechanical). The frequency and mass of the increments shall be in accordance with ASTM standards. The For all water deliveries, the cargo shall be divided into 5,000 MT sublots. The preparation of each sublot sample shall yield the following four mesh sample splits: a) laboratory analyses, b) referee split, c) Seller's split and dc) Buyer's split. A 60 mesh split of the sublots shall be prepared for the second laboratory as well as an 8 mesh split of the composite sample. The Buyer or Buyer's Agent shall have access to witness all sampling, sample preparation, screen testing and sealing of samples. The Independent Lab shall provide upon request the splits of the sublot samples to the Buyer or Buyer's Agent and/or Seller as soon as the sample is prepared. The Independent Lab Labs of Record shall properly identify, seal, and retain the referee splits of each sublot sample for a period of 60 days so that the Buyer or Seller may analyze such samples. The Buyer's Agent will be permitted to place a suitable seal on Referee samples. The sublot samples shall be analyzed by the first Lab of Record for total moisture, ash, sulfur, volatile, and gross calorific value (BTU/LB). The initial sublot(s) shall be tested immediately and the results reported to Seller and Buyer/Buyer's Agent upon completion of testing. The Vessel second Lab of Record at the option of either the Seller or Buyer shall analyze the 60 mesh splits of the sublot samples for Dry Basis: ash, volatile, sulfur, and gross calorific value. The sulfur determination shall be run in duplicate by both Labs of Record. The certified analyses analysis shall be the weighted mathematical average of for all sublot values for moisture, ash, volatile, sulphur sulfur, and calorific value. Should the weighted average of the sulfur values differ by more than 0.04% then the highest reported sulfur value shall be used to determine whether or not the shipment should be rejected. A physical composite sample of the sublot samples shall be prepared and analyzed by the first laboratory for grindability index (HGI), ash fusion temperature, mineral ash, and ultimate analyses. The cost of the Independent Lab's laboratory services for such sampling and analyzing of the coal in each shipment shall be paid for by the Buyer and Seller, equally. If the Buyer or Seller should question the correctness of the analyses made by the Independent Lab, they may, within 30 days after the Vessel unloading, notify the other Party in writing to request that the Referee splits be analyzed by a second third mutually agreeable Independent Laboratory. This notification should specify which analytical parameter or parameters are in dispute. The Independent Lab shall provide the Referee Lab with the properly identified sealed Referee sublot samples. 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 averaged value 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/LBLB Dry Basis; Ash Fusion Temperature I.D. +/- 75 Degrees F. and HGI 3. Should the results fall within these tolerances, the results of the Independent Lab will stand. Should the results fall outside the tolerance, then the average dry basis analyses of the Independent Laboratory and Referee analyses shall be the governing result. Should the grindability (HGI) result be in dispute, the Referee Lab will prepare a the physical composite sample from the Referee sublot samples, then distribute a split of samples to perform the physical composite sample to an additional laboratoryHGI test. If the HGI test result of the second Referee laboratory is within tolerancetolerance (3), the original laboratory result will stand. If out of tolerance, the average of the 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 Party shall require the other party Party to use equipment or procedures which exceed the requirements of ASTM.