Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both parties. Samples for analyses shall be taken by any ASTM standards or standards mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree. (1) part shall be used for analysis by Buyer; one (l) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than: (i) 0.50% moisture (ii) 0.50% ash on a dry basis (iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregarded. The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevails.
Appears in 3 contracts
Samples: Coal Supply Agreement (Armstrong Coal Company, Inc.), Coal Supply Agreement (Armstrong Energy, Inc.), Coal Supply Agreement (Armstrong Energy, Inc.)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used for as defining the quality and characteristics of the coal delivered under this AgreementAgreement and as the Payment Analysis. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or using industry-accepted standards mutually acceptable to both partiesin other cases. Samples for analyses shall be taken by any in accordance with ASTM standards or standards other methods mutually acceptable to both parties, and may be composited and . Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality shall be taken with the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereundersample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time tune of the execution of this Agreement, unless the Parties otherwise mutually agree.
. Each sample taken by Buyer shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer; one . One (l1) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one . One (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one . One (1) part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth fifth (10th5th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer Buyer, shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a an analysis of the Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunderhereunder and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be determined by utilizing based on the individual shipment Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal DateDate for such sample, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from by more than the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in questionapplicable ASTM reproducibility standards, if the analysis of the Independent Lab differs from results will govern, and the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s prior analysis shall be disregarded. The All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to party who provided the extent that the analysis of the Independent Lab prevailsoriginal Payment Analysis.
Appears in 3 contracts
Samples: Coal Supply Agreement (Armstrong Coal Company, Inc.), Coal Supply Agreement (Armstrong Energy, Inc.), Coal Supply Agreement (Armstrong Energy, Inc.)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or using standards mutually acceptable acceptable, to both parties. Samples for analyses shall be taken by any ASTM standards or standards mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) part shall be used for analysis by Buyer; one (l1) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis basis
(iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregarded. The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevails.
Appears in 2 contracts
Samples: Coal Supply Agreement (Armstrong Coal Company, Inc.), Coal Supply Agreement (Armstrong Energy, Inc.)
Sampling and Analysis. The Seller has sole responsibility for quality control Each daily shipment of the coal shall be sampled and shall forward its “as loaded” quality analyzed within twenty-four (24) hours of delivery to the Buyer as soon as possiblePlant. The sampling and Such analysis of the coal delivered hereunder designated for delivery to Buyer shall be performed undertaken as a “quick analysis” by Buyer an independent laboratory acceptable to Buyer. Seller shall furnish the results of such analysis by facsimile transmission to A.X. Xxxxx Power Plant at (000) 000-0000, within twenty-four (24) hours of delivery to the Plant. Such analyses shall govern for the purposes of determining compliance with the quality specifications required under this Agreement, except as otherwise provided herein below:
A. All sampling and analysis shall meet ASTM Standards. Seller shall retain sample splits at Seller’s Mine for a period of ninety (90) days. Upon Buyer’s request, the retained sample split shall be sent to an independent laboratory for analysis and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both parties. Samples for analyses shall be taken by any ASTM standards or standards mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) part shall be used for analysis by Buyer; one (l) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used govern as to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shipment as to which such sample pertains.
B. Sampling and analysis shall be performed on not greater than 2,000 ton batches.
C. If it is determined that samples have been obtained incorrectly, Seller and Buyer shall attempt to determine the effect, if any, on quality determinations as the same may apply to the price for coal paid by utilizing the individual shipment Buyer with respect to samples previously used by Buyer and Seller in their analyses. If any dispute arises before the Disposal Daterequired, the Referee Sample retained by Buyer a reasonable adjustment shall be submitted made in amounts invoiced and payments made to compensate for analysis any differences in the gross calorific value of coal tested versus that of the coal which should have been tested. If it is determined that sample analyses are in error, whether due to improper preparation of samples to be analyzed, faulty analytical equipment, or faulty laboratory methods, an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute appropriate adjustment shall be deemed not made in amounts invoiced and payments made to exist and Buyer’s analysis shall prevail and correct for errors in gross calorific values determined by the analysis of the Independent Lab sample analyses. However, no adjustment hereunder shall be disregarded if the analysis retroactive for a period in excess of the Independent Lab differs from the analysis of Buyer by an amount equal ninety (90) days prior to or less than:
either (i) 0.50% moisture
the date that either party first questioned in writing the correctness of the sampling procedures or the accuracy of the sample analyses, or (ii) 0.50% ash on a dry basisthe date that the inaccuracy was first determined, whichever was the earlier date.
(iii) 100 Btu/lbD. Coal not complying with the quality specifications set forth herein will not be accepted by Buyer unless authorized prior to shipment. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if At the analysis option of the Independent Lab differs from the analysis Buyer, acceptance of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis non-conforming coal may be conditioned upon reductions in price which shall be disregarded. The cost agreed upon in writing prior to delivery of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevailsany such non-conforming coal.
Appears in 2 contracts
Samples: Coal Supply Agreement (Vectren Utility Holdings Inc), Coal Supply Agreement (Vectren Utility Holdings Inc)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” the loading quality to the Buyer as soon as possiblewithin two (2) business days after loading. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer Seller or by an independent commercial laboratory appointed by Seller, on a per-Shipment basis, as defined hereinabove, and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement, except as otherwise provided herein. Buyer’s “as-received” quality shall be the Payment Analysis only when Seller’s sampler and/or scales are inoperable, or if Seller fails to obtain a sample upon loading. All analyses shall be made in BuyerSeller’s laboratory or at Buyer’s an independent commercial laboratory, at Seller's expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both partiesstandards. Samples for analyses shall be taken by any in accordance with ASTM standards or standards mutually acceptable to both partiesstandards, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller Buyer in writing of any significant changes in BuyerSeller’s sampling and analysis practicespractices within five (5) business days after any such change. Any such changes in Buyer’s Seller's sampling and analysis practices shall, except for ASTM or mutually agreeable accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) part shall be used for analysis by BuyerSeller; one (l1) part shall be used by Buyer Seller as a check sample, if Buyer Seller in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) Seller until the twenty-twenty fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller Buyer for analysis if Seller Buyer so requests before the Disposal Date; and one (1) part (“"Referee Sample”") shall be retained by Buyer Seller until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. SellerBuyer, on reasonable notice to Buyer Seller, shall have the right to have a representative present to observe the sampling and analyses performed by BuyerSeller. Unless Seller Buyer requests a Referee Sample analysis before the Disposal Date, Buyer’s Seller's analysis shall be used to determine the quality of the coal delivered hereunderunder this Agreement and shall be the Payment Analysis. The Monthly Weighted Averages shall be determined by utilizing the individual shipment Shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer Seller shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist exist, and BuyerSeller’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer Seller by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lbthan applicable ASTM reproducibility standard. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregarded. The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevailsstatistically significant bias.
Appears in 2 contracts
Samples: Coal Supply Agreement, Coal Supply Agreement
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used for as defining the quality and characteristics of the coal delivered under this AgreementAgreement and as the Payment Analysis. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or using industry-accepted standards mutually acceptable to both partiesin other cases. Samples for analyses shall be taken by any in accordance with ASTM standards or standards other methods mutually acceptable to both parties, and may be composited and . Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality shall be taken with the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereundersample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
. Each sample taken by Buyer shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer; one . One (l1) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one . One (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one . One (1) part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth fifth (10th5th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer Buyer, shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. , Unless Seller requests a an analysis of the Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunderhereunder and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be determined by utilizing based on the individual shipment Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal DateDate for such sample, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from by more than the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in questionapplicable ASTM reproducibility standards, if the analysis of the Independent Lab differs from results will govern, and the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s prior analysis shall be disregarded. The All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to party who provided the extent that the analysis of the Independent Lab prevailsoriginal Payment Analysis.
Appears in 2 contracts
Samples: Coal Supply Agreement (Armstrong Coal Company, Inc.), Coal Supply Agreement (Armstrong Energy, Inc.)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer Seller, and the results thereof shall be accepted and used for as defining the quality and characteristics of the coal delivered under this AgreementAgreement except as otherwise provided. All analyses analyses, for moisture %, ash %, sulfur % and Btu, shall be made in Buyer’s by an independent commercial testing laboratory at BuyerSeller’s expense in accordance with ASTM standards where applicable, or using industry- accepted standards mutually acceptable to both partiesin other cases. Samples for analyses shall be taken by any in accordance with ASTM standards or standards other methods mutually acceptable to both parties, and may be composited and . Seller shall transmit its “as- loaded” quality analysis to Buyer as soon as possible. Buyer’s “unloaded” quality shall be taken with the Payment Analysis only when Seller’s sampler and/or scales are inoperable, or if Seller fails to obtain a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereundersample upon loading. Seller Buyer represents that it is familiar with BuyerSeller’s sampling and analysis practices, and that it finds them to be acceptable. Buyer Seller shall notify Seller Buyer in writing of any significant changes in BuyerSeller’s sampling and analysis practices. Any such changes in BuyerSeller’s sampling and analysis practices shall, except for ASTM or mutually agreeable industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties Buyer and Seller otherwise mutually agree.
. Each sample taken by Seller shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer; one Seller. One (l1) part shall be used by Buyer Seller as a check sample, if Buyer Seller in its sole judgment determines it is necessary; one . One (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) Seller until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), ) and shall be delivered to Seller Buyer for analysis if Seller Buyer so requests before the Disposal Date; and one . One (1) part (the “Referee Sample”) shall be retained by Buyer Seller until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. SellerBuyer, on reasonable notice to Buyer Seller, shall have the right to have a representative present to observe the sampling and analyses performed by BuyerSeller. Unless Seller Buyer requests a an analysis of the Referee Sample analysis before the Disposal Date, BuyerSeller’s analysis shall be used to determine the quality of the coal delivered hereunderunder this Agreement and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be determined by utilizing based on the individual shipment Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal DateDate for such sample, the Referee Sample retained by Buyer Seller shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from by more than the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in questionapplicable ASTM reproducibility standards, if the analysis of the Independent Lab differs from results will govern, and the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s prior analysis shall be disregarded. The All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to party who provided the extent that the analysis of the Independent Lab prevailsoriginal Payment Analysis.
Appears in 2 contracts
Samples: Coal Supply Agreement, Coal Supply Agreement
Sampling and Analysis. 11.1.1 All sampling, sample preparation and analysis of lignite shall be performed in accordance with this Section 11. The quality of lignite delivered by Seller has sole responsibility for quality control to Buyer shall be determined by analyses of samples taken by Buyer once Daily (each Day, a “Sampling Period”) at a time and a location mutually agreed to by the Parties, which time and location shall be intended to result in samples that are fairly representative of the coal lignite delivered during the Day in which the samples are taken. Buyer shall collect representative samples by means of a mechanical belt sampling system to be operated and maintained by Buyer (the “Sampling System”).
11.1.2 The design and operation of the Sampling System and the procedures used for sample preparation shall meet standards to be mutually agreed to by the Parties. The Sampling System shall be enclosed to minimize moisture loss. If necessary due to the design and operating standards agreed by the Parties, Buyer and Seller shall mutually agree on commercially reasonable modifications of Plant and Mine procedures and equipment.
11.1.3 All sample increments collected shall be designed to cut the full stream of lignite presented during the period in which such sample increments are collected. The values of current measurements of Sampling System cutter openings, cutter frequencies, cutter velocities, belt velocities and sample flow rates shall be made available by Buyer to Seller upon request and shall forward its “as loaded” quality be reasonably acceptable to Seller.
11.1.4 Buyer shall monitor the sampling ratio of the Sampling System in accordance with standards mutually agreed to by the Parties. Buyer shall make the sampling ratio data available to Seller upon request.
11.1.5 Prior to any modification to the Sampling System, Buyer shall submit design drawings, specifications and sample extraction parameters for the new or modified Sampling System to Seller for its approval, which shall not be unreasonably withheld.
11.1.6 In the event that the Sampling System ceases to operate properly, Buyer shall immediately notify Seller of such cessation and Buyer’s intended course of action to remedy such cessation as soon as possiblereasonably practicable. The sampling and analysis If the Sampling System malfunctions during the delivery of the coal delivered hereunder shall be performed by Buyer and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered lignite under this Agreement. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both parties. Samples for analyses shall be taken by any ASTM standards or standards mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples the weighted average of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, provide for no less accuracy than sample analyses successfully taken during the sampling and analysis practices existing at previous seven consecutive Sampling Periods when the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) part Sampling System was properly operating shall be used for analysis those Sampling Periods where the Sampling System was not properly operating.
11.1.7 Using an enclosed xxxxxx and following the mutually agreed ASTM standards, Buyer shall divide the sample size into two laboratory sample splits, with each weighing a minimum of 2,000 grams. Each sample split shall be placed in suitable airtight containers and used as follows:
(a) Buyer shall cause split one to be transported to and analyzed by a laboratory designated by Buyer; one .
(lb) part Split two of each sample shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it for referee purposes. If referee analysis is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”)required, the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyerreferee’s analysis shall be used to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregarded. The cost of the analysis made by the Independent Lab expenses shall be borne by the Party calling for the referee sample.
(c) Split two of each sample shall be properly identified and stored by Buyer for a period of not less than one Month after the receipt of the analytical results of split one.
11.1.8 For lignite deliveries for which a sample is not available or for which a sample is agreed by Buyer and Seller to be incorrect, the extent that Buyer’s weighted average of the sample analyses successfully taken during the previous seven Sampling Periods when the Sampling System was properly operating shall be utilized.
11.1.9 All third-party analyses of lignite samples shall be in accordance with the mutually agreed ASTM standards. The designated laboratory shall also participate in round-xxxxx testing of lignite coals with other laboratories to verify its sample preparation and analysis prevails and by procedures. Buyer or Seller may also, from time to time, submit blind samples to the extent designated laboratory for analysis and verification of accuracy and repeatability at the sole cost of the submitting Party. If the round-xxxxx testing or blind samples of lignite indicate that the analysis analytic results of the Independent Lab prevailsdesignated laboratory are inconsistent with or do not conform to ASTM repeatability standards, the Parties shall designate another laboratory mutually agreed to by the Parties.
Appears in 1 contract
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” the loading quality to the Buyer as soon as possiblewithin two (2) business days after loading. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer Seller or by an independent commercial laboratory appointed by Seller, on a per-Shipment basis, as defined hereinabove, and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement, except as otherwise provided herein. Buyer’s “as-received” quality shall be the Payment Analysis only when Seller’s sampler and/or scales are inoperable, or if Seller fails to obtain a sample upon loading. All analyses shall be made in BuyerSeller’s laboratory or at Buyer’s an independent commercial laboratory, at Seller's expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both partiesstandards. Samples for analyses shall be taken by any in accordance with ASTM standards or standards mutually acceptable to both partiesstandards, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller Buyer in writing of any significant changes in BuyerSeller’s sampling and analysis practicespractices within five (5) business days after any such change. Any such changes in Buyer’s Seller's sampling and analysis practices shall, except for ASTM or mutually agreeable accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) part shall be used for analysis by BuyerSeller; one (l1) part shall be used by Buyer Seller as a check sample, if Buyer Seller in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) Seller until the twenty-twenty fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller Buyer for analysis if Seller Buyer so requests before the Disposal Date; and one (1) part (“"Referee Sample”") shall be retained by Buyer Seller until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. SellerBuyer, on reasonable notice to Buyer Seller, shall have the right to have a representative present to observe the sampling and analyses performed by BuyerSeller. Unless Seller Buyer requests a Referee Sample analysis before the Disposal Date, Buyer’s Seller's analysis shall be used to determine the quality of the coal delivered hereunderhereunder and shall be the Payment Analysis. The Monthly Weighted Averages shall be determined by utilizing the individual shipment Shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer Seller shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer Xxxxx and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist exist, and BuyerSeller’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer Seller by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lbthan applicable ASTM reproducibility standard. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregarded. The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevailsstatistically significant bias.
Appears in 1 contract
Samples: Coal Supply Agreement
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. Buyer shall send to Seller by telecopier or electronic data transmittal a copy of the analysis within (10) business days after sampling the applicable shipment. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both partiesreliable and industry accepted standards. Samples for analyses shall be taken by any ASTM standards or standards mutually reliable and industry accepted standard acceptable to both parties, and may be composited composited, and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s 's sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s 's sampling and analysis practices. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or mutually agreeable industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) . Each sample taken by Buyer shall be divided into 4 parts and put into airtight containers, properly labeled and sealed. One part shall be used for analysis by Buyer; one (l) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) 25th of the month following the month CONTRACT #00-000-000 of unloading (the “LG&E "Disposal Date”") or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“"Referee Sample”") shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business 12th day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s 's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
moisture (ii) 0.50% ash on a dry basis
basis (iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s 's analysis shall be disregarded. The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that CONTRACT #00-000-000 Buyer’s 's analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Samples: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The Seller has sole responsibility for quality control Each daily shipment of the coal shall be sampled and shall forward its “as loaded” quality analyzed within twenty-four (24) hours of delivery to the Buyer as soon as possiblePlant. The sampling and Such analysis of the coal delivered hereunder designated for delivery to Buyer shall be performed undertaken as a "quick analysis" by Buyer an independent laboratory acceptable to Buyer. Seller shall furnish the results of such analysis by facsimile transmission to the Warrick Power Plant at (812) 491-4701, within twenty-four (24) hoxxx xx delivery to the Pxxxx. Xxxx xxxlyses shall govern for the purposes of determining compliance with the quality specifications required under this Agreement, except as otherwise provided herein below:
A. All sampling and analysis shall meet ASTM Standards. Seller shall retain sample splits at Seller's Mine for a period of ninety (90) days. Upon Buyer's request, the retained sample split shall be sent to an independent laboratory for analysis and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both parties. Samples for analyses shall be taken by any ASTM standards or standards mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) part shall be used for analysis by Buyer; one (l) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used govern as to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shipment as to which such sample pertains.
B. Sampling and analysis shall be performed on not greater than 1,500-ton batches.
C. If it is determined that samples have been obtained incorrectly, Seller and Buyer shall attempt to determine the effect, if any, on quality determinations as the same may apply to the price for coal paid by utilizing the individual shipment Buyer with respect to samples previously used by Buyer and Seller in their analyses. If any dispute arises before the Disposal Daterequired, the Referee Sample retained by Buyer a reasonable adjustment shall be submitted made in amounts invoiced and payments made to compensate for analysis any differences in the gross calorific value of coal tested versus that of the coal which should have been tested. If it is determined that sample analyses are in error, whether due to improper preparation of samples to be analyzed, faulty analytical equipment, or faulty laboratory methods, an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute appropriate adjustment shall be deemed not made in amounts invoiced and payments made to exist and Buyer’s analysis shall prevail and correct for errors in gross calorific values determined by the analysis of the Independent Lab sample analyses. However, no adjustment hereunder shall be disregarded if the analysis retroactive for a period in excess of the Independent Lab differs from the analysis of Buyer by an amount equal ninety (90) days prior to or less than:
either (i) 0.50% moisture
the date that either party first questioned in writing the correctness of the sampling procedures or the accuracy of the sample analyses, or (ii) 0.50% ash on a dry basisthe date that the inaccuracy was first determined, whichever was the earlier date.
(iii) 100 Btu/lbD. Coal not complying with the quality specifications set forth herein will not be accepted by Buyer unless authorized prior to shipment. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if At the analysis option of the Independent Lab differs from the analysis Buyer, acceptance of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis non-conforming coal may be conditioned upon reductions in price which shall be disregarded. The cost agreed upon in writing prior to delivery of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevailsany such non-conforming coal.
Appears in 1 contract
Samples: Coal Supply Agreement (Vectren Corp)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both partiesindustry-accepted standards. Samples for analyses shall be taken by any ASTM standards or standards industry-accepted standard, mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s 's sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s 's sampling and analysis practices. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or mutually agreeable industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) . Each sample taken by Buyer shall be divided into 4 parts and put into airtight containers, properly labeled and sealed. One part shall be used CONTRACT #00-000-000 for analysis by Buyer; one (l) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) 25th of the month following the month of unloading (the “LG&E "Disposal Date”") or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“"Referee Sample”") shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business 12th day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s 's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
moisture (ii) 0.50% ash on a dry basis
basis (iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the CONTRACT #00-000-000 analysis of the Independent Lab shall prevail and Buyer’s 's analysis shall be disregarded. The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s 's analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Samples: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. Buyer shall send to Seller by telecopier or electronic data transmittal a copy of the analysis within ten (10) business days after sampling the applicable shipment. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both partiesindustry-accepted standards. Samples for analyses shall be taken by any ASTM standards or standards industry-accepted standard, mutually acceptable to both parties, and may be composited and shall CONTRACT #00-000-000 be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s 's sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s 's sampling and analysis practices. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or mutually agreeable industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) . Each sample taken by Buyer shall be divided into 4 parts and put into airtight containers, properly labeled and sealed. One part shall be used for analysis by Buyer; one (l) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) 25th of the month following the month of unloading (the “LG&E "Disposal Date”") or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“"Referee Sample”") shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business 12th day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") CONTRACT #00-000-000 mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s 's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
moisture (ii) 0.50% ash on a dry basis
basis (iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s 's analysis shall be disregarded. The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s 's analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Samples: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The 7.01 Seller has sole responsibility for quality control of shall cause, at its expense, the coal Coal in each unit train to be sampled and analyzed at the individual mine in accordance with applicable ASTM standards. Buyer shall forward have the right, at its “as loaded” quality own risk and expense, to the Buyer as soon as possible. The have a representative present at any and all times to observe sampling and analysis of the coal delivered hereunder procedures. All samples shall be performed by Buyer divided into three (3) parts and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreementput in suitable airtight containers. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both parties. Samples for analyses shall be taken by any ASTM standards or standards mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) One part shall be used furnished to Buyer or its designee for its analysis, one part shall be retained for analysis by Buyer; one Seller or its designee (l) part which analysis shall be used by Buyer as a check samplethe basis for payment), if Buyer in its sole judgment determines it is necessary; one (1) and the third part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) Seller or its designee in one of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until aforesaid containers properly sealed and labeled for a period thirty (30) days after the date of sample collection. Buyer’s samples are to be clearly labeled as to mine, date of sampling, date of preparation, and other identification as to shipment (such as train identification number) and are to be sent within forty-eight (48) hours of train loading to the address listed below unless a different address is taken provided by Buyer in the Confirmation or otherwise in writing. Seller shall cause the following data, subject to future adjustment, to be provided to Buyer by a mutually agreed upon method of electronic data transmission within forty-eight (48) hours of train loading: tonnage (gross, net, and tare average for each railcar and the unit train in total), and the average calorific value, % moisture, % ash, % sulfur, and % Na2O in ash (if set forth in the Confirmation), (the “KU Disposal DateShort Proximate Analysis”), . Any additional analysis requested by Buyer that exceeds the LG&E Disposal Date and information provided in the KU Disposal Date are collectively the “Disposal Date”), and Short Proximate Analysis shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, at Buyer’s analysis shall be used to determine expense.
7.02 In the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any event a dispute arises before the Disposal Date, the Referee Sample retained by between Buyer shall be submitted for and Seller within thirty (30) days of Seller’s analysis due to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by a difference between Buyer and Seller’s short proximate analyses of a sample that exceeds the ASTM interlab repeatability limits, an independent testing laboratory, mutually agreeable to Buyer and Seller will be retained to analyze the third part of such sample. For each coal quality specification in question, a dispute shall be deemed not The Party whose calorific value analysis is closest to exist and Buyer’s the independent analysis shall prevail and such Party’s calorific value analysis shall govern for the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification trainload in question. In such case, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregarded. The cost of the analysis made by the Independent Lab shall such independent testing laboratory will be borne by Seller to the extent that BuyerParty whose calorific value analysis is furthest from the independent analysis and therefore, not used. In the event both Parties’ calorific value analyses differ from the independent testing laboratory’s analysis prevails result by the same amount, the independent testing laboratory’s result shall govern for the trainload in question and by Buyer to the extent that Parties shall share equally the analysis cost of the Independent Lab prevailsindependent testing.
Appears in 1 contract
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both partiesindustry- CONTRACT #00-000-000 accepted standards. Samples for analyses shall be taken by any ASTM standards or standards industry-accepted standard, mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s 's sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s 's sampling and analysis practices. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or mutually agreeable industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) . Each sample taken by Buyer shall be divided into 4 parts and put into airtight containers, properly labeled and sealed. One part shall be used for analysis by Buyer; one (l) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) 25th of the month following the month of unloading (the “LG&E "Disposal Date”") or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“"Referee Sample”") shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business 12th day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality CONTRACT #00-000-000 of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s 's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
moisture (ii) 0.50% ash on a dry basis
basis (iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s 's analysis shall be disregarded. The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s 's analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Samples: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both partiesindustry-accepted standards. Samples for analyses shall be taken by any ASTM standards or standards industry-accepted standard, mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s 's sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s 's sampling and analysis practices. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or mutually agreeable industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) . Each sample taken by Buyer shall be divided into 4 parts and put into airtight containers, properly labeled and sealed. One part shall be used for analysis by Buyer; one (l) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) 25th of the month following the month of unloading (the “LG&E CONTRACT #00-000-000 "Disposal Date”") or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“"Referee Sample”") shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business 12th day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s 's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
moisture (ii) 0.50% ash on a dry basis
basis (iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s 's analysis shall be disregarded. The cost CONTRACT #00-000-000 of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s 's analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Samples: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder each Shipment shall be performed by Buyer Seller in the process of loading individual Shipments, except as otherwise provided herein, and the results thereof shall be accepted and used for as the defining quality and characteristics of the coal delivered under this AgreementAgreement and shall be used in determining the payments for the relevant Shipments (the “Payment Analysis”). All analyses shall be made in Buyerby an independent commercial testing laboratory, at Seller’s laboratory at Buyer’s expense expense, in accordance with ASTM standards where applicable, or using industry-accepted standards mutually acceptable to both partiesin other cases. Samples for analyses shall be taken by any in accordance with ASTM standards or standards other methods mutually acceptable to both parties, and may be composited and . Seller shall transmit its “as-loaded” quality analysis to Buyer as soon as possible. Buyer’s “unloaded” quality shall be taken with the Payment Analysis only when Seller’s sampler and/or scales are inoperable, or if Seller fails to obtain a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereundersample upon loading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller Buyer in writing of any significant changes in BuyerSeller’s sampling and analysis practices. Any such changes in BuyerSeller’s sampling and analysis practices shall, except for ASTM or mutually agreeable industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties parties otherwise mutually agree.
. Each sample taken by Seller shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer; one Seller. One (l1) part shall be used by Buyer Seller as a check sample, if Buyer Seller in its sole judgment determines it is necessary; one . One (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) Seller until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller Buyer for analysis if Seller Buyer so requests before the Disposal Date; and one . One (1) part (the “Referee Sample”) shall be retained by Buyer Seller until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. SellerBuyer, on reasonable notice to Buyer Seller, shall have the right to have a representative present to observe the sampling and analyses performed by BuyerSeller. Unless Seller Buyer requests a an analysis of the Referee Sample analysis before the Disposal Date, BuyerSeller’s analysis shall be used to determine the quality of the coal delivered hereunderunder this Agreement and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be determined by utilizing based on the individual shipment Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal DateDate for such sample, the Referee Sample retained by Buyer Seller shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer Xxxxx and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed aboveapplicable ASTM reproducibility standards, then the analysis of the Independent Lab shall prevail results will govern, and Buyer’s the prior analysis shall be disregarded. The All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to party who provided the extent that the analysis of the Independent Lab prevailsoriginal Payment Analysis.
Appears in 1 contract
Samples: Coal Supply Agreement
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both partiesindustry-accepted standards. Samples for analyses shall be taken by any ASTM standards or standards industry-accepted standard, mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) . Each sample taken by Buyer shall be divided into 4 parts and put into airtight containers, properly labeled and sealed. One part shall be used for analysis by Buyer; one (l) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth twelfth (10th12th) business day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
moisture (ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregarded. The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Samples: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and Buyer shall forward its “as loaded” quality to the Buyer as soon as possible. The perform all sampling and analysis of the coal delivered hereunder shall be performed by Buyer at its expense and the results thereof of Buyer’s testing shall be accepted and used for the quality and characteristics of the coal fuel delivered under this AgreementPurchase Order. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicableSeller may observe the unloading, or using standards mutually acceptable to both parties. Samples for analyses shall be taken by any ASTM standards or standards mutually acceptable to both partiessampling, sample preparation and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made analysis hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for the fuel delivered under this Purchase Order shall be performed in substantial compliance with ASTM standards where applicable or mutually agreeable changes in practices, provide for no less accuracy than agreed methods. Each fuel sample collected by the sampling and analysis practices existing Buyer shall be properly divided into at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) least four sub-samples. One part shall be used for analysis analyzed by Buyer; one (l) Buyer pursuant to the terms herein. One part shall be used by Buyer as a check sample, if Buyer Seller in its sole reasonable judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-twenty fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one . One part (“Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. Seller, on reasonable notice to Buyer Buyer, shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal fuel delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis All testing of any such sample by the Independent Lab shall be disregarded if at requestor’s expense unless the analysis of results differ by more than the applicable ASTM reproducibility standards. If the Independent Lab differs results differ from Buyer’s analysis by more than the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in questionapplicable ASTM reproducibility standards, if the analysis of the Independent Lab differs from results will govern and the analysis costs of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregarded. The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Sampling and Analysis. (a) If origin weight and quality for payment is to be used then the following applies. The Seller has sole responsibility for quality control Sampling Person, designated on relevant Confirmation, the Buyer’s, agent unless otherwise specified in the relevant Confirmation, shall cause a representative sample of the coal Fuel loading into each barge, Unit Train or truck to be taken by mechanical sampler that has been approved in advance of loading by Buyer, which approval shall be granted if the sampler meets and is certified to meet ASTM standards. Samples shall forward its “as loaded” quality to be taken at the Buyer as soon as possible. The point of loading into barge, Unit Train or truck, and all sampling and analysis of the coal delivered hereunder sample preparation shall be performed by in accordance with then current published applicable ASTM standards.
(b) In the event that Seller’s mechanical sampling system ceases to operate properly, Sampling Person shall promptly notify Buyer to determine the course of action to be taken concerning shipments of Fuel under this Master Agreement. In such an event Buyer and the results thereof Seller shall be accepted and used for the quality and characteristics agree upon one of the coal delivered under this Agreement. All analyses shall be made in Buyer’s laboratory at Buyer’s expense two options: (1) Select an alternative location to sample in accordance with ASTM standards where applicableor (2) agree to use the monthly weighted average of the prior month’s deliveries from Seller to Buyer. Seller shall repair such sampling system as soon as practical and, or using standards mutually acceptable once repaired, sampling shall revert to both parties. Samples for analyses Seller’s mechanical sampling system.
(c) The Sampling Person’s samples of Fuel representing each Shipment and the analysis thereof as set forth in this Section 4.4, shall be taken by used to determine quality adjustments pursuant to Section 5.1 and any rejection rights pursuant to Section 5.2 or suspension rights pursuant to Section 5.3.
(d) Each sample shall be divided into four (4) parts in accordance with then current ASTM standards or standards mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller placed in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.separate airtight containers
(i) One (1) part of each sample shall be used for analysis sent by Buyer; one Sampling Person (lat Sampling Person’s expense) part shall be used by Buyer as a check sample, if Buyer within twenty-four (24) hours to the Analysis Person which will analyze such sample in its sole judgment determines it is necessary; one accordance with Section 4.4(e) below.
(ii) One (1) part shall be retained by the Sampling Person for the benefit of Seller for a period of forty-five (45) days (if Seller is not the Sampling Person) or shipped as Seller directs.
(iii) One (1) part shall be retained by the Sampling Person for the benefit of Buyer for a period of forty-five (LG&E45) until days (if Buyer is not the Sampling Person) or shipped as Buyer directs.
(iv) One (1) part shall be retained by the Sampling Person for a period of forty-five (45) days to be used for a referee analysis.
(e) Analysis shall be performed by the Analysis Person. designated on the relevant confirmation, which shall be an independent certified laboratory chosen by good faith agreement of the Parties. If the Parties fail to agree upon such laboratory. then each Party shall select its own independent certified laboratory and the analyses of both laboratories of the Sampling Person’s samples shall be averaged and such average shall be conclusive and binding for all purposes, provided that the results obtained by the individual laboratories are within ASTM (interlaboratory) Reproducibility Limits: if the results are not within ASTM (interlaboratory) Reproducibility Limits, the analysis of such Samples by the independent laboratories shall be repeated.
(f) Samples shall be analyzed on an “as-received” basis in accordance with then current published applicable ASTM standards. The Analysis Person shall perform a short proximate analysis on an “as-received” basis, which shall include total moisture, ash, Btu, sulfur and such other data as may be required by the applicable Confirmation. At the request of either Buyer or Seller, and at the expense of the requesting Party, additional analyses may be performed.
(g) The Sampling Person shall report, or shall cause to be reported, the results short proximate analysis to be reported to Buyer, along with train I.D. number, barge I.D., weight and shipping data (“Shipping Report”) by fax, telephone (to be confirmed promptly by fax) or other electronic means (with confirmation of receipt) as soon as available, but in any event within twenty-fifth four (25th24) hours(forty-eight (48) hours for PRB Sources) of the month following completion of the month loading of each Shipment.
(h) By notice to the Sampling Person within twenty-four (24) hours after delivery of the Shipping Report or within two (2) Business Days for purposes other than to assess Rejection thresholds and in any event prior to unloading of the Fuel at the destination, Buyer or Seller may object to the analysis (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal DateObjecting Person”), and if so, the Sampling Person shall submit the retained referee sample to an independent testing laboratory selected by and unaffiliated with the Objecting Person for an independent analysis.
(i) If the results of the independent analysis are within ASTM (inter-laboratory) Reproducibility Limits, the original short proximate. sodium, and any other specification analysis as required in the applicable Confirmation, as appropriate. shall control and the costs of the independent analysis shall be delivered to Seller paid by the Objecting Person. If such results for any Specification are not within such Reproducibility Limits, the results of the independent analysis if Seller so requests before and the Disposal Date; and one part (“Referee Sample”) original results shall be retained by Buyer until averaged and the Disposal Date. Seller average result shall control and the costs of the independent analysis shall be given copies of all analyses made by Buyer borne by the tenth non-Objecting Person.
(10thj) business day All analyses shall be performed in accordance with then current published applicable ASTM standards.
(k) In the event the Buyer believes the applicable sampling or weighing results are outside the acceptable tolerance level of the month following the month of unloading. Sellerthat particular process (ASTM standards for Sampling or MST Handbook 44 for scale weights), on reasonable notice to then Buyer shall will have the right to have a representative present an independent expert to observe inspect and review Seller’s equipment and process for determining samples and weights. In the event that the systems are found to be out of acceptable tolerance, and it is determined that the review proves it impractical to make prospective adjustments to eliminate the inaccuracy, then Buyer reserves the right to determine weight and sample for quality for payment at destination for all shipments, until the systems are corrected and verified, at which time sampling and analyses performed by Buyerweighing shall revert to Seller’s systems. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall notify Seller in advance (seven (7) days prior) if destination weight and quality is to be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry payment basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregarded. The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Samples: Master Fuel Purchase and Sale Agreement (Foresight Energy Partners LP)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or using standards mutually acceptable acceptable, to both parties. Samples for analyses shall be taken by any ASTM standards or standards mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) part shall be used for analysis by Buyer; one (l1) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregarded. The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Samples: Coal Supply Agreement (Armstrong Resource Partners, L.P.)
Sampling and Analysis. 11.1.1. All sampling, sample preparation and analysis of lignite shall be performed in accordance with this Section 11. The quality of lignite delivered by Seller has sole responsibility for quality control to Buyer shall be determined by analyses of samples taken by Buyer once Daily (each Day, a “Sampling Period”) at a time and a location mutually agreed to by the Parties, which time and location shall be intended to result in samples that are fairly representative of the coal lignite delivered during the Day in which the samples are taken. Buyer shall collect representative samples by means of a mechanical belt sampling system to be operated and maintained by Buyer (the “Sampling System”).
11.1.2. The design and operation of the Sampling System and the procedures used for sample preparation shall meet standards to be mutually agreed to by the Parties. The Sampling System shall be enclosed to minimize moisture loss. If necessary due to the design and operating standards agreed by the Parties, Buyer and Seller shall mutually agree on commercially reasonable modifications of Plant and Mine procedures and equipment.
11.1.3. All sample increments collected shall be designed to cut the full stream of lignite presented during the period in which such sample increments are collected. The values of current measurements of Sampling System cutter openings, cutter frequencies, cutter velocities, belt velocities and sample flow rates shall be made available by Buyer to Seller upon request and shall forward its “as loaded” quality be reasonably acceptable to Seller.
11.1.4. Buyer shall monitor the sampling ratio of the Sampling System in accordance with standards mutually agreed to by the Parties. Buyer shall make the sampling ratio data available to Seller upon request.
11.1.5. Prior to any modification to the Sampling System, Buyer shall submit design drawings, specifications and sample extraction parameters for the new or modified Sampling System to Seller for its approval, which shall not be unreasonably withheld.
11.1.6. In the event that the Sampling System ceases to operate properly, Buyer shall immediately notify Seller of such cessation and Buyer's intended course of action to remedy such cessation as soon as possiblereasonably practicable. The sampling and analysis If the Sampling System malfunctions during the delivery of the coal delivered hereunder shall be performed by Buyer and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered lignite under this Agreement. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both parties. Samples for analyses shall be taken by any ASTM standards or standards mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples the weighted average of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, provide for no less accuracy than sample analyses successfully taken during the sampling and analysis practices existing at previous seven consecutive Sampling Periods when the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) part Sampling System was properly operating shall be used for analysis those Sampling Periods where the Sampling System was not properly operating.
11.1.7. Using an enclosed xxxxxx and following the mutually agreed ASTM standards, Buyer shall divide the sample size into two laboratory sample splits, with each weighing a minimum of 2,000 grams. Each sample split shall be placed in suitable airtight containers and used as follows:
(a) Buyer shall cause split one to be transported to and analyzed by a laboratory designated by Buyer; one .
(lb) part Split two of each sample shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it for referee purposes. If referee analysis is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”)required, the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregarded. The cost of the analysis made by the Independent Lab referee's expenses shall be borne by the Party calling for the referee sample.
(c) Split two of each sample shall be properly identified and stored by Buyer for a period of not less than one Month after the receipt of the analytical results of split one.
11.1.8. For lignite deliveries for which a sample is not available or for which a sample is agreed by Buyer and Seller to be incorrect, the extent that Buyer’s weighted average of the sample analyses successfully taken during the previous seven Sampling Periods when the Sampling System was properly operating shall be utilized.
11.1.9. All third‑party analyses of lignite samples shall be in accordance with the mutually agreed ASTM standards. The designated laboratory shall also participate in round‑xxxxx testing of lignite coals with other laboratories to verify its sample preparation and analysis prevails and by procedures. Buyer or Seller may also, from time to time, submit blind samples to the extent designated laboratory for analysis and verification of accuracy and repeatability at the sole cost of the submitting Party. If the round-xxxxx testing or blind samples of lignite indicate that the analysis analytic results of the Independent Lab prevailsdesignated laboratory are inconsistent with or do not conform to ASTM repeatability standards, the Parties shall designate another laboratory mutually agreed to by the Parties.
Appears in 1 contract
Sampling and Analysis. 7.1 Seller, or Seller’s agent, shall cause a representative Coal sample (“Mine Sample”) to be taken from each Shipment at the Railcar load point. The sample shall be taken in accordance with ASTM Standards, using a mechanical sampler or other ASTM approved procedure. Seller has sole responsibility for shall have an active quality control program at the load point, assuring the mechanical sampler is in proper working condition and has been bias-tested by an independent third party at least once each calendar year. If an alternate sampling procedure is used, Seller shall be capable of demonstrating the coal alternate procedure conforms to ASTM Standards and shall forward its “as loaded” quality to the Buyer as soon as possibleprocedure produces accurate and repeatable results. The sampling Sampling, sample preparation, and sample analysis of the coal delivered hereunder shall be performed by Buyer and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s laboratory at BuyerSeller’s expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both partiesStandards. Samples for analyses Each sample shall be taken by any divided into three (3) parts in accordance with ASTM standards or standards mutually acceptable to both parties, Standards and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunderplaced in separate airtight containers. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
One (1) part of each sample shall be used for analysis analyzed by Buyer; one an independent certified laboratory selected by Seller (l) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary“Commercial Lab”); one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) Commercial Lab for a period of the month following the month of unloading (the “LG&E Disposal Date”) 45 days or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Dateshipped per Buyer’s directions; and one (1) part (“Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall Commercial Lab for a period of 45 days to be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests used in a Referee Sample Analysis, if necessary (“Referee Split”).
7.2 The Commercial Lab shall perform a short proximate analysis before on an “as-received” basis and in accordance with ASTM Standards. Such analysis shall include total moisture, ash, Btu and sulfur and any other specification that has a Rejection Limit. At the Disposal Daterequest and the expense of either Party, Buyer’s additional analyses may be performed. The results of such analysis shall be used to determine defined as the quality “Shipment Quality.” As soon as available, but in any event no later than 48 hours after the completion of the coal delivered hereunder. The Monthly Weighted Averages loading of each Shipment, Seller shall cause the shipping data, which shall include Shipment Weight (as defined In Article 9.1) and Shipment Quality, to be determined by utilizing reported to Buyer (“Shipping Report”).
7.3 Buyer or Seller may request an analysis of the individual shipment analysesReferee Split within forty-five (45) days of the delivery of a Shipment (“Referee Analysis”). If any dispute arises before the Disposal Datea Referee Analysis is requested, the Referee Sample retained by Buyer Split shall be submitted sent for analysis to an independent commercial testing third party laboratory (“Independent Lab”) mutually chosen by agreeable to both Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and If the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed aboveReferee Analysis is within interlaboratory ASTM Reproducibility Limits, then the analysis original Shipment Quality shall control, and the cost of the Independent Lab Referee Analysis shall prevail be paid by the Party requesting such analysis. If the Referee Analysis is not within the ASTM Reproducibility Limits, then the Referee Analysis shall control, and Buyer’s the cost of such analysis shall be disregarded. The cost of the analysis made paid by the Independent Lab shall be borne by non-requesting Party.
7.4 Upon providing Seller to the extent that 24-hour advance written notice, Buyer may, at Buyer’s analysis prevails risk and expense, arrange for an independent laboratory to witness the collection of samples during the loading of any Shipment at the load point. If the Independent laboratory designated by Buyer visits any of Seller’s mines and/or load points for purposes of sampling inspections, the independent laboratory must show evidence of insurance and must conform to the extent that the analysis of the Independent Lab prevailsall mine safety procedures while at such location.
Appears in 1 contract
Samples: Coal Purchase and Sale Agreement (Minn Dak Farmers Cooperative)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both partiesindustry-accepted standards. Samples for analyses shall be taken by any ASTM standards or standards industry-accepted standard, mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) part shall be used for analysis by Buyer; one (l1) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days (“Disposal Date”) after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”)taken, and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one (1) part (“Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth twelfth (10th12th) business day of the month following the month of unloading, in addition, Buyer (KU) will send weekly analyses of coal unloadings to Seller. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis All testing of any such sample by the Independent Lab shall be disregarded if at requestor’s expense unless the analysis of results differ by more than the applicable ASTM reproducibility standards, in such case, Buyer will pay for testing. If the Independent Lab differs from results differ by more than the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in questionapplicable ASTM reproducibility standards, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregardedresults will govern. The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Samples: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The 7.01 Seller has sole responsibility for quality control of shall cause, at its expense, the coal Coal in each unit train to be sampled and analyzed at the individual mine in accordance with applicable ASTM standards. Buyer shall forward have the right, at its “as loaded” quality own risk and expense, to the Buyer as soon as possible. The have a representative present at any and all times to observe sampling and analysis of the coal delivered hereunder procedures. All samples shall be performed by Buyer divided into three (3) parts and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreementput in suitable airtight containers. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both parties. Samples for analyses shall be taken by any ASTM standards or standards mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) One part shall be used furnished to Buyer or its designee for its analysis, one part shall be retained for analysis by Buyer; one Seller or its designee (l) part which analysis shall be used by Buyer as a check samplethe basis for payment), if Buyer in its sole judgment determines it is necessary; one (1) and the third part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) Seller or its designee in one of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until aforesaid containers properly sealed and labeled for a period thirty (30) days after the date of sample collection. Buyer’s samples are to be clearly labeled as to mine, date of sampling, date of preparation, and other identification as to shipment (such as train identification number) and are to be sent within forty-eight (48) hours of train loading to the address listed below unless a different address is taken provided by Buyer in the Confirmation or otherwise in writing. Seller shall cause the following data, subject to future adjustment, to be provided to Buyer by a mutually agreed upon method of electronic data transmission within forty-eight (48) hours of train loading: tonnage (gross, net, and tare average for each railcar and the unit train in total), and the average calorific value, % moisture, % ash, % sulfur, and % Na2O in ash (if set forth in the Confirmation), (the “KU Disposal DateShort Proximate Analysis”), . Any additional analysis requested by Buyer that exceeds the LG&E Disposal Date and information provided in the KU Disposal Date are collectively the “Disposal Date”), and Short Proximate Analysis shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, at Buyer’s analysis shall be used to determine expense. Mailing address for sample splits: Big Stone Plant P.O. Box 218 40000 000xx Xxxxxx Xxx Xxxxx Xxxx, XX 00000
7.02 In the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any event a dispute arises before the Disposal Date, the Referee Sample retained by between Buyer shall be submitted for and Seller within thirty (30) days of Seller’s analysis due to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by a difference between Buyer and Seller’s short proximate analyses of a sample that exceeds the ASTM interlab repeatability limits, an independent testing laboratory, mutually agreeable to Buyer and Seller, will be retained to analyze the third part of such sample. For each coal quality specification in question, a dispute shall be deemed not The Party whose calorific value analysis is closest to exist and Buyer’s the independent analysis shall prevail and such Party’s calorific value analysis shall govern for the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification trainload in question. In such case, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregarded. The cost of the analysis made by the Independent Lab shall such independent testing laboratory will be borne by Seller to the extent that BuyerParty whose calorific value analysis is furthest from the independent analysis and therefore, not used. In the event both Parties’ calorific value analyses differ from the independent testing laboratory’s analysis prevails result by the same amount, the independent testing laboratory’s result shall govern for the trainload in question and by Buyer to the extent that Parties shall share equally the analysis cost of the Independent Lab prevailsindependent testing.
Appears in 1 contract
Samples: Master Coal Purchase and Sale Agreement (Otter Tail Corp)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both partiesindustry-accepted standards. Samples for analyses shall be taken by any ASTM standards or standards industry-accepted standard, mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s 's sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s 's sampling and analysis practices. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or mutually agreeable industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) . Each sample taken by Buyer shall be divided into 4 parts and put into airtight containers, properly labeled and sealed. One part shall be used for analysis by Buyer; one (l) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) 25th of the month following the CONTRACT #00-000-000 month of unloading (the “LG&E "Disposal Date”") or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“"Referee Sample”") shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business 12th day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s 's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
moisture (ii) 0.50% ash on a dry basis
basis (iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s 's analysis shall be disregarded. CONTRACT #00-000-000 The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s 's analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Samples: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both partiesindustry-accepted standards. Samples for analyses shall be taken by any ASTM standards or standards industry-accepted standard, mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) part shall be used for analysis by Buyer; one (l1) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one (1) part (“Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth twelfth (10th12th) business day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
moisture (ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregarded. The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Samples: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both partiesindustry-accepted standards. Samples for analyses shall be taken by any ASTM standards or standards industry-accepted standard, mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s 's sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s 's sampling and analysis practices. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or mutually agreeable industry Contract #LGE 99-002 accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) . Each sample taken by Buyer shall be divided into 4 parts and put into airtight containers, properly labeled and sealed. One part shall be used for analysis by Buyer; one (l) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) 25th of the month following the month of unloading (the “LG&E "Disposal Date”") or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“"Referee Sample”") shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) 12th business day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s 's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
moisture Xxxxxxxx #XXX 00-000 (iixx) 0.50% ash on a dry basis
basis (iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s 's analysis shall be disregarded. The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s 's analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Samples: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” loading quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered loaded hereunder shall be performed by Buyer Seller and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s done at an independent laboratory located on Seller's property and at Buyer’s expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both partiesSeller's expense. Samples for analyses shall be taken by any ASTM standards or standards mutually acceptable to both partiesapproved procedures of sampling, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries shipments made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller Buyer in writing of any significant changes in Buyer’s Seller's sampling and analysis practices. Any such changes in Buyer’s Seller's sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, shall provide for no less ARCH COAL SALES CO., INC. KU Contract # KUF02848 PRB accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
. Each sample taken by Seller shall be divided into three (13) parts and put into airtight containers, properly labeled and sealed. One part shall be used for analysis by BuyerSeller; one (l) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until for thirty (30) days ("Retention Period") after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”)taken, and shall be delivered to Seller Buyer for analysis if Seller Buyer so requests before the Disposal Dateend of the Retention Period; and one part (“"Referee Sample”") shall be retained by Buyer Seller until the Disposal Datefor thirty (30) days. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. SellerBuyer, on reasonable notice to Buyer Seller shall have the right to have a representative present to observe the sampling and analyses performed by BuyerSeller. Unless Seller Buyer requests a Referee Sample analysis before the Disposal Dateanalysis, Buyer’s Seller's analysis shall be used to determine the quality of the coal delivered loaded hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before Buyer disputes the Disposal Dateanalysis, the Referee Sample retained by Buyer Seller shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis All testing of any such sample by the Independent Lab shall be disregarded if at requestor's expense unless the analysis of results differ by more than the applicable ASTM reproducibility standards, in such case Buyer will pay for testing. If the Independent Lab differs from results differ by more than the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in questionapplicable ASTM reproducibility standards, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregardedresults will govern. The cost of the analysis made by the Independent Lab shall be borne by Seller Buyer to the extent that Buyer’s Seller's analysis prevails and by Buyer Seller to the extent that the analysis of the Independent Lab prevails. ARCH COAL SALES CO., INC. KU Contract # KUF02848 PRB
Appears in 1 contract
Samples: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The (a) Seller has sole responsibility shall cause each Trainload of Coal to be sampled by an independent laboratory mutually agreeable to Buyer and Seller in 10 car lots and in accordance with the standards of the American Society for Testing and Materials ("ASTM"), or with other methods mutually agreeable to Seller and Buyer. A composite sample of each 10 car lot shall be divided into two (2) equal parts. One part shall be retained as a referee sample, and one shall be used by Seller for quality control of the coal determination.
(b) Methods and procedures for conducting tests and analyses shall forward its “as loaded” quality be in accordance with ASTM standards, or with other methods and procedures mutually agreeable to the Buyer as soon as possibleSeller and Buyer. The sampling All such tests and analysis of the coal delivered hereunder shall be performed by an independent laboratory mutually agreeable to Buyer and the results thereof shall be accepted Seller.
(c) Buyer, at its own risk and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicableexpense, or using standards mutually acceptable to both parties. Samples for analyses shall be taken by any ASTM standards or standards mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, provide for no less accuracy than observe the sampling and analysis practices existing at performed by or on behalf of Seller and conduct periodic inspections of equipment and facilities used in the time of the execution of this Agreement, unless the Parties otherwise mutually agreesampling and analysis.
(1d) part shall be used for analysis by Buyer; one (l) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall cause each 10 car composite sample to be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloadinganalyzed, with respect to moisture, ash, sulfur and volatile matter. SellerGeiseler plastometer, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling alkalies, reflectance, total inerts, SHO Expansion, Arnu dilatometer and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s size analysis shall be used performed on each Trainload of Coal delivered to determine Buyer, unless this frequency is modified by mutual agreement. The analysis for each Trainload with respect to moisture, ash, volatile matter and sulfur shall be obtained by calculating the weighted average of the results from the 10 car composite analyses. Seller's conclusions as to the quality of the coal delivered hereunder. The Monthly Weighted Averages with respect to moisture, ash, sulfur and volatile matter analysis shall be determined provided to Buyer no later than one day following the date of shipment and with respect to Geiseler plastometer, Arnu dilatometer and size analysis, shall be provided no later than four (4) days following the date of shipment and, unless a referee analysis as hereinafter provided for is performed, shall be conclusive and binding. Referee samples of sufficient quantity to run all analysis of each Trainload shall be retained for a period of 30 days following the receipt of its quality conclusions relative to such shipment to Buyer. By notice to Seller within 20 days following the receipt of Seller's conclusions, Buyer may request that such referee samples be analyzed by utilizing the individual shipment analysesan independent company agreeable to Seller. If any dispute arises before the Disposal DateIn such event, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis results of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in questionsuch referee analysis, if the different from Seller's analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed aboveapplicable ASTM tolerances, then shall supersede Seller's quality conclusions and shall be conclusive and binding. If the referee analysis of differs from Seller's analysis by more than the Independent Lab applicable ASTM tolerances, Seller shall prevail and Buyer’s pay for the referee analysis; otherwise, the referee analysis shall be disregardedat Buyer's expense. The cost of Seller shall be responsible for all costs, including demurrage, incurred by Buyer which results from Seller's failure to provide the analysis made by within the Independent Lab time periods set forth above.
(e) Seller shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to the extent that fax the analysis of the Independent Lab prevails.to:
Appears in 1 contract
Sampling and Analysis. The 12.1 Seller has sole responsibility for quality control shall cause, at its expense, each shipment of coal to be sampled and analyzed at the coal Mine in accordance with applicable ASTM standards. Buyer shall have the right, at its risk and shall forward its “as loaded” quality expense, to the Buyer as soon as possible. The have a representative present at any and all times to observe sampling and analysis of the coal delivered hereunder procedures. All samples shall be performed by Buyer divided into three (3) parts and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreementput in suitable airtight containers. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both parties. Samples for analyses shall be taken by any ASTM standards or standards mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) One part shall be used furnished to Buyer for its analysis, one part shall be retained for analysis by Buyer; one Seller or its designee (l) part which analysis shall be used by Buyer as a check samplethe basis for payment), if Buyer in its sole judgment determines it is necessary; one (1) and the third part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) Seller or its designee in one of the month following the month of unloading aforesaid containers properly sealed and labeled for a period forty-five (the “LG&E Disposal Date”) or Buyer (KU) until thirty (3045) days after the date of sample is taken (the “KU Disposal Date”)collection. Buyer’s samples are to be clearly labeled as to Mine, the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”)date of sampling, date of preparation, and other identification as to shipment (such as train identification number) and are to be sent within forty-eight (48) hours of train loading, or prior to arrival of train at destination, whichever comes first, to Buyer at the address provided in Section 17 hereof.
12.2 Seller shall perform at Seller’s cost a “short proximate” analysis (for moisture, ash, sulfur and calorific value) for each trainload sample.
12.3 If a dispute arises between Buyer and Seller concerning a trainload sample within forty-five (45) days of the date on which the subject trainload was loaded due to a difference between Buyer’s and Seller’s analyses that exceeds ASTM standards for tolerance on at least one parameter, an analysis of the third part shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) laboratory, mutually chosen by Buyer and Seller. For each coal The average of the results of the two (2) closest analyses with respect to the disputed quality specification characteristic (among Seller’s, Buyer’s and the independent laboratory’s analyses) shall be controlling for purposes of the trainload in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregarded. The cost of the analysis made by the Independent Lab such independent commercial laboratory shall be borne by Seller to the extent that BuyerParty whose analysis is not used in the final determination; provided, however, in the event the commercial laboratory’s analysis prevails results are inconclusive and by Buyer to therefore not used, the extent that cost of the analysis of shall be shared equally by the Independent Lab prevailsParties hereto.
Appears in 1 contract
Sampling and Analysis. The 7.01 Seller has sole responsibility for quality control of shall cause, at its expense, the coal Coal in each unit train to be sampled and analyzed at the individual mine in accordance with applicable ASTM standards. Buyer shall forward have the right, at its “as loaded” quality own risk and expense, to the Buyer as soon as possible. The have a representative present at any and all times to observe sampling and analysis of the coal delivered hereunder procedures. All samples shall be performed by Buyer divided into three (3) parts and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreementput in suitable airtight containers. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both parties. Samples for analyses shall be taken by any ASTM standards or standards mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) One part shall be used furnished to Buyer or its designee for its analysis, one part shall be retained for analysis by Buyer; one Seller or its designee (l) part which analysis shall be used by Buyer as a check samplethe basis for payment), if Buyer in its sole judgment determines it is necessary; one (1) and the third part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) Seller or its designee in one of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until aforesaid containers properly sealed and labeled for a period thirty (30) days after the date of sample collection. Buyer’s samples are to be clearly labeled as to mine, date of sampling, date of preparation, and other identification as to shipment (such as train identification number) and are to be sent within forty-eight (48) hours of train loading to the address listed below unless a different address is taken provided by Buyer in the Confirmation or otherwise in writing. Seller shall cause the following data, subject to future adjustment, to be provided to Buyer by a mutually agreed upon method of electronic data transmission within forty-eight (48) hours of train loading: tonnage (gross, net, and tare average for each railcar and the unit train in total), and the average calorific value, % moisture, % ash, % sulfur, and % Na2O in ash (if set forth in the Confirmation), (the “KU Disposal DateShort Proximate Analysis”), . Any additional analysis requested by Buyer that exceeds the LG&E Disposal Date and information provided in the KU Disposal Date are collectively the “Disposal Date”), and Short Proximate Analysis shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, at Buyer’s analysis shall be used to determine expense. Mailing address for sample splits: Minn-Dak Farmers Cooperative Attn: Xxx Xxxxxx 0000 Xxx Xxxxx Xxxx Xxxxxxxx, XX 00000-0000
7.02 In the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any event a dispute arises before the Disposal Date, the Referee Sample retained by between Buyer shall be submitted for and Seller within thirty (30) days of Seller’s analysis due to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by a difference between Buyer and Seller’s short proximate analyses of a sample that exceeds the ASTM interlab repeatability limits, an independent testing laboratory, mutually agreeable to Buyer and Seller, will be retained to analyze the third part of such sample. For each coal quality specification in question, a dispute shall be deemed not The Party whose calorific value analysis is closest to exist and Buyer’s the independent analysis shall prevail and such Party’s calorific value analysis shall govern for the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification trainload in question. In such case, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregarded. The cost of the analysis made by the Independent Lab shall such independent testing laboratory will be borne by Seller to the extent that BuyerParty whose calorific value analysis is furthest from the independent analysis and therefore, not used. In the event both Parties’ calorific value analyses differ from the independent testing laboratory’s analysis prevails result by the same amount, the independent testing laboratory’s result shall govern for the trainload in question and by Buyer to the extent that Parties shall share equally the analysis cost of the Independent Lab prevailsindependent testing.
Appears in 1 contract
Samples: Master Coal Purchase and Sale Agreement (Minn Dak Farmers Cooperative)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” loading quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered loaded hereunder shall be performed by Buyer Seller and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in BuyerSeller’s laboratory or an independent laboratory at BuyerSeller’s expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both partiesexpense. Samples for analyses shall be taken by any ASTM standards or standards mutually acceptable to both partiesSeller’s approved procedures of sampling, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries loadings made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller Buyer in writing of any significant changes in BuyerSeller’s sampling and analysis practices. Any such changes in BuyerSeller’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, shall provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) . Each sample taken by Seller shall be divided into 4 parts and put into airtight containers, properly labeled and sealed. One part shall be used for analysis by BuyerSeller; one (l) part shall be used by Buyer Seller as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) Seller until thirty (30) days (“Disposal Date”) after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”)taken, and shall be delivered to Seller Buyer for analysis if Seller Buyer so requests before the Disposal Date; and one part (“Referee Sample”) shall be retained by Buyer Seller until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. SellerBuyer, on reasonable notice to Buyer Seller, shall have the right to have a representative present to observe the sampling and analyses performed by BuyerSeller. Unless Seller Buyer requests a Referee Sample analysis before the Disposal Date, BuyerSeller’s analysis shall be used to determine the quality of the coal delivered loaded hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer Seller shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis All testing of any such sample by the Independent Lab shall be disregarded if at requestor’s expense unless the analysis of results differ by more than the applicable ASTM reproducibility standards, in such case Buyer will pay for testing. If the Independent Lab differs from results differ by more than the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in questionapplicable ASTM reproducibility standards, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregardedresults will govern. The cost of the analysis made by the Independent Lab shall be borne by Seller Buyer to the extent that BuyerSeller’s analysis prevails and by Buyer Seller to the extent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Samples: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. Buyer shall send to Seller by telecopier or electronic data transmittal a copy of the analysis within (10) business days after sampling the applicable shipment. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both partiesreliable and industry accepted standards. Samples for analyses shall be taken by any ASTM standards or standards mutually reliable and industry accepted standard acceptable to both parties, and may be composited composited, and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s 's sampling and analysis practices, and finds them to be acceptablein accordance with reliable and industry accepted standards. Buyer shall notify Seller in writing of any significant changes in Buyer’s 's sampling and analysis practices. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or mutually agreeable industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) . Each sample taken by Buyer shall be divided into 4 parts and put into airtight containers, properly labeled and sealed. One part shall be used for analysis by Buyer; one (l) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) 25th of the month following the month of unloading (the “LG&E "Disposal Date”") or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“"Referee Sample”") shall be retained by Buyer until the Disposal Contract #00-000-000 Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business 12th day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s 's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
moisture (ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregarded. The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Samples: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The Seller has sole responsibility for Sellers or their designee shall sample and analyze each trainload shipment of coal to be delivered to Buyer to determine the quality control parameters specified in Paragraph 1.0, Description. Such sampling and analysis shall be performed in accordance with ASTM standards or by other mutually acceptable methods. Sampling of the coal and will be performed as the coal is loaded into railcars. Sellers or their designee shall forward its “as loaded” quality provide trainload analyses to the Buyer as soon as possiblepracticable after each train is loaded.
7.1 Buyer or its representative shall have the right to inspect the sampling system(s) and laboratory used to sample and analyze the coal applied hereunder at any and all times that coal is loaded or analyzed for delivery to Buyer. Should it be determined that the sampling system(s) or laboratory are not in compliance with ASTM standards for sampling and analyzing coal, Sellers agree to take the necessary steps to ensure that future shipments of coal to Buyer are sampled and analyzed in accordance with ASTM standards. Prior to or within ten (10) days of the first shipment of coal that is sampled or analyzed by a sampling system or laboratory that has not previously sampled or analyzed deliveries under this Agreement, Sellers shall provide Buyer with independent confirmation that the sampling system and/or the laboratory are in accordance with ASTM standards.
7.2 Should it be determined that sampling or analysis of a trainload shipment was not performed by Sellers or their designee in accordance with ASTM standards, the parties agree that (i) Buyer's sampling and analysis shall govern for that shipment or (ii) if neither party performed the sampling and analysis of that shipment in accordance with ASTM standards, the shipment shall be deemed not to have been sampled and analyzed for the purposes of this Agreement. The sampling and analysis of the coal delivered hereunder shall be a shipment that was performed by Buyer and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicableand that was used in calculating adjustments to monthly xxxxxxxx in accordance with Paragraph 6.0, or using standards mutually acceptable to both parties. Samples Remedies for analyses Quality Deviations herein shall govern for all other purposes under this Agreement.
7.3 As soon as practicable after the end of each month, the weighted average quality of the coal delivered hereunder for the quality parameters specified in Paragraph 1.0, Description hereof during that month shall be taken by any ASTM standards or standards mutually acceptable determined on a purchase order basis and provided to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunderBuyer. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) part The quality results thus determined shall be used in calculating price adjustments pursuant to Paragraph 6.0, Remedies for analysis by Buyer; Quality Deviations.
7.4 In the event that Sellers elect to ship coal from source(s) other than Marrowbone pursuant to Paragraph 2.0(e) that will deliver coal directly to Buyer under a purchase agreement with a term of one year or more, or volume of 500,000 tons or more, Buyer shall promptly review the independent confirmation that the sampling system is in accordance with ASTM standards pursuant to Paragraph 7.
1. If the subject sampling system has been changed since its last bias test, or has not been bias tested within the last eighteen (l18) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”)months, and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies has reasonable concerns regarding possible bias of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. Sellersuch system, on reasonable notice to Buyer shall have the right to have request a representative present to observe bias test of the sampling and analyses performed system, to be conducted within sixty (60) days of commencement of shipments from such source, by Buyeran independent third party in conformance with the Rose method for bias testing. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used to determine the quality A report of the coal delivered hereundertest will be supplied to Buyer and Sellers. The Monthly Weighted Averages shall be Should the results of the bias test show a "statistically significant bias" in the sampling system as determined by utilizing the individual shipment analysesthird party, Sellers shall take immediate action to eliminate such bias, and shall pay for all costs of the bias test. If any dispute arises before the Disposal Datebias test does not show a "statistically significant bias" in the sampling system, Buyer shall pay for all reasonable costs of the bias test. In the event the third party called for above cannot be agreed upon, the Referee Sample retained by Buyer provisions of Paragraph 18.0, Third Party Selection shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregarded. The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevailsapply.
Appears in 1 contract
Samples: Agreement for Sale and Purchase of Coal (International Coal Group, Inc.)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer Seller upon loading of the coal, and the results thereof shall be accepted and used for as defining the quality and characteristics of the coal delivered under this AgreementAgreement and as the Payment Analysis. All analyses shall be made in BuyerSeller’s laboratory at BuyerSeller’s expense in accordance with ASTM standards where applicable, or using industry-accepted standards mutually acceptable to both partiesin other cases. Samples for analyses shall be taken by any in accordance with ASTM standards or standards other methods mutually acceptable to both parties, and may be composited and . Seller shall transmit its quality analysis to Buyer as soon as possible. Each sample taken by Seller shall be taken with a frequency divided into four (4) parts and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunderput into airtight containers, properly labeled and sealed. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
One (1) part shall be used for analysis by Buyer; one Seller. One (l1) part shall be used by Buyer Seller as a check sample, if Buyer Seller in its sole judgment determines it is necessary; one . One (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) Seller until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller Buyer for analysis if Seller Buyer so requests before the Disposal Date; and one . One (1) part (the “Referee Sample”) shall be retained by Buyer Seller until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. SellerBuyer, on reasonable notice to Buyer Seller, shall have the right to have a representative present to observe the sampling and analyses performed by BuyerSeller. Unless Seller Buyer requests a an analysis of the Referee Sample analysis before the Disposal Date, BuyerSeller’s analysis shall be used to determine the quality of the coal delivered hereunderunder this Agreement and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be determined by utilizing based on the individual shipment Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal DateDate for such sample, the Referee Sample retained by Buyer Seller shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer Xxxxx and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed aboveapplicable ASTM reproducibility standards, then the analysis of the Independent Lab shall prevail results will govern, and Buyer’s the prior analysis shall be disregarded. The All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to party who provided the extent that the analysis of the Independent Lab prevailsoriginal Payment Analysis.
Appears in 1 contract
Samples: Coal Supply Agreement
Sampling and Analysis. The Seller has sole responsibility for quality control of the only coal and shall forward its “as loaded” loading quality to the Buyer as soon as possiblewithin two business days after loading. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer on a per Shipment basis, as defined hereinabove, and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. Buyer shall send to CONTRACT #LGE02014 Seller by telecopier or electronic data transmittal a copy of the analysis within five (5) business days after sampling the applicable shipment. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both partiesindustry-accepted standards. Samples for analyses shall be taken by any ASTM in accordance with such standards or standards mutually acceptable to both partiesfor sampling, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s 's sampling and analysis practicespractices within five (5) days after any such change. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or mutually agreeable industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) agreed upon. Each sample taken by Buyer shall be divided into 4 parts and put into airtight containers, properly labeled and sealed. One part shall be used for analysis by Buyer; one (l) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) 25th of the month following the month of unloading (the “LG&E "Disposal Date”") or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“"Referee Sample”") shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) 12th business day of the month following the month of unloading. Seller, on reasonable notice to Buyer Buyer, shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality of the coal Coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer CONTRACT #LGE02014 shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s 's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
moisture (ii) 0.50% ash on a dry basis
basis (iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. basis For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s 's analysis shall be disregarded. The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s 's analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Samples: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The (a) Seller has sole responsibility for quality control shall cause, at its expense, each shipment of coal to be sampled and analyzed at the coal applicable mine in accordance with applicable ASTM standards. Buyer shall have the right, at its risk and shall forward its “as loaded” quality expense, to the Buyer as soon as possible. The have a representative present at any and all times to observe sampling and analysis of the coal delivered hereunder procedures. All samples shall be performed by Buyer divided into three (3) parts and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreementput in suitable airtight containers. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both parties. Samples for analyses shall be taken by any ASTM standards or standards mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) One part shall be used furnished to Buyer for its analysis, one part shall be retained for analysis by Buyer; one Seller or its designee (l) part which analysis shall be used by Buyer as a check samplethe basis for payment), if Buyer in its sole judgment determines it is necessary; one (1) and the third part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) Seller or its designee in one of the month following the month of unloading aforesaid containers properly sealed and labeled for a period forty-five (the “LG&E Disposal Date”) or Buyer (KU) until thirty (3045) days after the date of sample is taken (the “KU Disposal Date”)collection. Buyer's samples are to be clearly labeled as to mine, the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”)date of sampling, date of preparation, and other identification as to shipment (such as train identification number) and are to be sent within forty-eight (48) hours of train loading, or prior to arrival of train at destination, whichever comes first, to Buyer at the address provided in Section 14.
(b) Seller shall perform at Seller's cost a "short proximate" analysis (for moisture, ash, sulfur, sodium, and calorific value) for each trainload sample and will forward such analysis to Buyer by a mutually agreed upon method of electronic communication.
(c) If a dispute arises between Buyer and Seller concerning a trainload sample due to a difference between Buyer's and Seller's analyses within forty-five (45) days of the date on which the subject trainload was loaded, an analysis of the third part shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) laboratory, mutually chosen by Buyer and Seller. For each coal The average of the results of the two (2) closest analyses with respect to the disputed quality specification characteristic (among Seller's, Buyer's and the independent laboratory's analyses) shall be controlling for purposes of the trainload in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregarded. The cost of the analysis made by the Independent Lab such independent commercial laboratory shall be borne by the party whose analysis is not used in the final determination; provided, however, in the event the commercial laboratory's results are inconclusive and therefore not used, the cost of the analysis shall be shared equally by the parties hereto.
(d) Seller shall provide Buyer the results of the proximate analysis for each trainload of coal as soon as the results are available, but in any event prior to the extent that arrival of the subject train at the Plant. Upon Buyer’s analysis prevails 's written request and at Buyer's cost, Seller shall analyze shipments designated by Buyer for mercury and chlorine content and submit such analysis to Buyer.
(e) The results of the sampling and analysis performed by Seller shall govern for purposes of determining any adjustments to the extent that Base Price of coal set forth in Section 5(c) for variations in calorific value, except in the analysis of the Independent Lab prevailsevent a dispute arises under Section 7(c), in which event Section 7(c) shall control.
Appears in 1 contract
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” loaded quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both partiesBuyer's approved methods. Samples for analyses shall be taken by any ASTM standards or standards mutually acceptable to both partiesBuyer's approved procedures of sampling, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s 's sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s 's sampling and analysis practices. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, shall provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties parties otherwise mutually agree.
(1) . Each sample taken by Buyer shall be divided into 4 parts and put into airtight containers, properly labeled and sealed. One part shall be used for analysis by Buyer; one (l) part shall be used BLACK BEAUTY COAL COMPANY LG&E CONTRACT #LGE 02012 KU CONTRACT #KUF02857 by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) 25th of the month following the month of unloading (the “LG&E "Disposal Date”") or Buyer (KU) until thirty (30) days ("Disposal Date") after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”)taken, and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“"Referee Sample”") shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) 12th business day of the month following the month of unloading, in addition, Buyer (KU) will send weekly analyses of coal unloadings to Seller. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis All testing of any such sample by the Independent Lab shall be disregarded if at requestor's expense unless the analysis of results differ by more than the applicable ASTM reproducibility standards, in such case, Buyer will pay for testing. If the Independent Lab differs from results differ by more than the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in questionapplicable ASTM reproducibility standards, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregardedresults will govern. The cost of the analysis made by the Independent Lab shall be borne by Seller to the BLACK BEAUTY COAL COMPANY LG&E CONTRACT #LGE 02012 KU CONTRACT #KUF02857 extent that Buyer’s 's analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Samples: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The Seller has sole responsibility for quality control Each daily shipment of the coal shall be sampled and shall forward its “as loaded” quality analyzed within twenty-four (24) hours of delivery to the Buyer as soon as possiblePlant. The sampling and Such analysis of the coal delivered hereunder designated for delivery to Buyer shall be performed undertaken as a “quick analysis” by Buyer an independent laboratory acceptable to Buyer. Seller shall furnish the results of such analysis by facsimile transmission to F.X. Xxxxxx Power Plant at (000) 000-0000, within twenty-four (24) hours of delivery to the Plant. Such analyses shall govern for the purposes of determining compliance with the quality specifications required under this Agreement, except as otherwise provided herein below:
A. All sampling and analysis shall meet ASTM Standards. Seller shall retain sample splits at Seller’s Mine for a period of ninety (90) days. Upon Buyer’s request, the retained sample split shall be sent to an independent laboratory for analysis and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both parties. Samples for analyses shall be taken by any ASTM standards or standards mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) part shall be used for analysis by Buyer; one (l) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used govern as to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shipment as to which such sample pertains.
B. Sampling and analysis shall be performed on not greater than 2,000 ton batches.
C. If it is determined that samples have been obtained incorrectly, Seller and Buyer shall attempt to determine the effect, if any, on quality determinations as the same may apply to the price for coal paid by utilizing the individual shipment Buyer with respect to samples previously used by Buyer and Seller in their analyses. If any dispute arises before the Disposal Daterequired, the Referee Sample retained by Buyer a reasonable adjustment shall be submitted made in amounts invoiced and payments made to compensate for analysis any differences in the gross calorific value of coal tested versus that of the coal which should have been tested. If it is determined that sample analyses are in error, whether due to improper preparation of samples to be analyzed, faulty analytical equipment, or faulty laboratory methods, an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute appropriate adjustment shall be deemed not made in amounts invoiced and payments made to exist and Buyer’s analysis shall prevail and correct for errors in gross calorific values determined by the analysis of the Independent Lab sample analyses. However, no adjustment hereunder shall be disregarded if the analysis retroactive for a period in excess of the Independent Lab differs from the analysis of Buyer by an amount equal ninety (90) days prior to or less than:
either (i) 0.50% moisture
the date that either party first questioned in writing the correctness of the sampling procedures or the accuracy of the sample analyses, or (ii) 0.50% ash on a dry basisthe date that the inaccuracy was first determined, whichever was the earlier date.
(iii) 100 Btu/lbD. Coal not complying with the quality specifications set forth herein will not be accepted by Buyer unless authorized prior to shipment. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if At the analysis option of the Independent Lab differs from the analysis Buyer, acceptance of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis non-conforming coal may be conditioned upon reductions in price which shall be disregarded. The cost agreed upon in writing prior to delivery of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevailsany such non-conforming coal.
Appears in 1 contract
Samples: Coal Supply Agreement (Vectren Utility Holdings Inc)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” loading quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both partiesBuyer's approved methods. Samples for analyses shall be taken by any ASTM standards or standards mutually acceptable to both partiesBuyer in accordance with industry accepted procedures of sampling, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s 's sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s 's sampling and analysis practices. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, shall provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) . Each sample taken by Buyer shall be divided into 4 parts and put into airtight containers, properly labeled and sealed. One part shall be used for analysis by Buyer; one (l) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days ("Disposal Date") after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”)taken, and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“"Referee Sample”") shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) 12th business day of the month following the month of unloading, in addition, Buyer will send weekly analyses of coal unloadings to Seller. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the ARCH COAL SALES CO., INC. KU Contract # KUF02849 sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis All testing of any such sample by the Independent Lab shall be disregarded if at requestor's expense unless the analysis of results differ by more than the applicable ASTM reproducibility standards, in such case, Buyer will pay for testing. If the Independent Lab differs from results differ by more than the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in questionapplicable ASTM reproducibility standards, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregardedresults will govern. The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that if Buyer’s 's analysis prevails and by Buyer to the extent that if the analysis of the Independent Lab prevails.
Appears in 1 contract
Samples: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer Seller upon loading of the coal, and the results thereof shall be accepted and used for as defining the quality and characteristics of the coal delivered under this AgreementAgreement and as the Payment Analysis. All analyses shall be made in BuyerSeller’s laboratory at BuyerSeller’s expense in accordance with ASTM standards where applicable, or using industry-accepted standards mutually acceptable to both partiesin other cases. Samples for analyses shall be taken by any in accordance with ASTM standards or standards other methods mutually acceptable to both parties, and may be composited and . Seller shall transmit its quality analysis to Buyer as soon as possible. Each sample taken by Seller shall be taken with a frequency divided into four (4) parts and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunderput into airtight containers, properly labeled and sealed. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
One (1) part shall be used for analysis by Buyer; one Seller. One (l1) part shall be used by Buyer Seller as a check sample, if Buyer Seller in its sole judgment determines it is necessary; one . One (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) Seller until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller Buyer for analysis if Seller Buyer so requests before the Disposal Date; and one . One (1) part (the “Referee Sample”) shall be retained by Buyer Seller until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. SellerBuyer, on reasonable notice to Buyer Seller, shall have the right to have a representative present to observe the sampling and analyses performed by BuyerSeller. Unless Seller Buyer requests a an analysis of the Referee Sample analysis before the Disposal Date, BuyerSeller’s analysis shall be used to determine the quality of the coal delivered hereunderunder this Agreement and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be determined by utilizing based on the individual shipment Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal DateDate for such sample, the Referee Sample retained by Buyer Seller shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from by more than the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in questionapplicable ASTM reproducibility standards, if the analysis of the Independent Lab differs from results will govern, and the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s prior analysis shall be disregarded. The All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to party who provided the extent that the analysis of the Independent Lab prevailsoriginal Payment Analysis.
Appears in 1 contract
Samples: Coal Supply Agreement
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder each Shipment shall be performed by Buyer Seller in the process of loading individual Shipments, except as otherwise provided herein, and the results thereof shall be accepted and used for as the defining quality and characteristics of the coal delivered under this AgreementAgreement and shall be used in determining the payments for the relevant Shipments (the “Payment Analysis”). All analyses shall be made in Buyerby an independent commercial testing laboratory, at Seller’s laboratory at Buyer’s expense expense, in accordance with ASTM standards where applicable, or using industry-accepted standards mutually acceptable to both partiesin other cases. Samples for analyses shall be taken by any in accordance with ASTM standards or standards other methods mutually acceptable to both parties, and may be composited and . Seller shall transmit its “as-loaded” quality analysis to Buyer as soon as possible. Buyer’s “unloaded” quality shall be taken with the Payment Analysis only when Seller’s sampler and/or scales are inoperable, if Seller fails to obtain a frequency and regularity sufficient sample upon loading, or when Seller’s Drafting contractor fails to provide reasonably accurate representative samples of obtain the deliveries made hereundernecessary drafting data points upon loading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller Buyer in writing of any significant changes in BuyerSeller’s sampling and analysis practices. Any such changes in BuyerSeller’s sampling and analysis practices shall, except for ASTM or mutually agreeable industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties parties otherwise mutually agree.
. Each sample taken by Seller shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer; one Seller. One (l1) part shall be used by Buyer Seller as a check sample, if Buyer Seller in its sole judgment determines it is necessary; one . One (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) Seller until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller Buyer for analysis if Seller Buyer so requests before the Disposal Date; and one . One (1) part (the “Referee Sample”) shall be retained by Buyer Seller until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. SellerBuyer, on reasonable notice to Buyer Seller, shall have the right to have a representative present to observe the sampling and analyses performed by BuyerSeller. Unless Seller Buyer requests a an analysis of the Referee Sample analysis before the Disposal Date, BuyerSeller’s analysis shall be used to determine the quality of the coal delivered hereunderunder this Agreement and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be determined by utilizing based on the individual shipment Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal DateDate for such sample, the Referee Sample retained by Buyer Seller shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from by more than the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in questionapplicable ASTM reproducibility standards, if the analysis of the Independent Lab differs from results will govern, and the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s prior analysis shall be disregarded. The All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to party who provided the extent that the analysis of the Independent Lab prevailsoriginal Payment Analysis.
Appears in 1 contract
Samples: Coal Supply Agreement
Sampling and Analysis. (a) The Seller has sole responsibility Supplier shall arrange for three (3) representative samples to determine the quality control of each shipment of Alumina, to be taken during the loading operation according to the standard methods set out in SCHEDULE 5, applied at both the Port of Loading and the Delivery Port. Each sample shall be placed in a sealed container and duly identified. Within twenty four (24) hours of the coal and samples being taken, the Supplier shall forward its “as loaded” quality arrange for one sample to be air freighted to the Buyer as soon as possible. The sampling Purchaser for analysis and analysis of the coal delivered hereunder shall be performed by Buyer and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicabletwo remaining samples, or using standards mutually acceptable to both parties. Samples for analyses shall be taken by any ASTM standards or standards mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) part shall be used for analysis by Buyer; one (l) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part sample shall be retained by Buyer the Supplier for the Supplier's analysis (LG&Ethe results of which analysis shall be recorded in a certificate of analysis) until according to the twenty-fifth standard methods set out in SCHEDULE 5, applied at both the Port of Loading and the Delivery Port, and one sample shall be retained in its sealed container by the Supplier for a period of at least ninety (25th90) days in case it is required to be sent to a Referee for analysis.
(b) The results of the month following analysis performed at the month Supplier's laboratories, as recorded in the certificate of unloading analysis, shall be forwarded to the Purchaser promptly, and in any event within five (5) days of the Bill of Lading Date.
(c) If, according to such certifixxxx of analysis, the Alumina being shipped does not comply with the specifications set out in SCHEDULE 2, the Purchaser may, within five (5) days of receipt of such certificate of analysis, reject the shipment to which it relates by giving notice to the Supplier of such rejection. If the Purchaser rejects a shipment pursuant to this Section 3.2 (c), the Supplier shall use Commercially Reasonable Efforts to deliver a replacement shipment as soon as practicable.
(d) If, according to such certificate of analysis, the Alumina being shipped complies with the specifications set out in SCHEDULE 2, the Purchaser shall have five (5) days from the receipt of the sample to notify the Supplier if it disagrees with the certificate of analysis and believes that the Alumina delivered does not conform to the specifications set out in SCHEDULE 2 by delivering a "Notice of Objection" setting out the extent of the non-conformity and including in such notice the certificate of analysis on which it relies. If the Purchaser does not notify the Supplier within this period of time, the entire shipment shall be deemed to be conforming Alumina. In the event the Purchaser has notified the Supplier within this period of time, the Supplier will advise the Purchaser, within five (5) days of its receipt of the Purchaser's notice as to whether or not the Supplier agrees with the Purchaser's analysis. If the Supplier does not notify the Purchaser within the five (5) day period, it shall be deemed to have agreed with the Purchaser's analysis and the Purchaser shall be deemed to have received the Supplier's notice so agreeing on the last day of the five (5) day period.
(e) In the event that the Supplier notifies the Purchaser pursuant to Section 3.2 (d) that it does not agree with the Purchaser's analysis, then the third sample shall be referred to a referee (the “LG&E Disposal Date”"REFEREE") or Buyer (KU) until thirty (30) days after who shall be selected by agreement between the Parties during the first three months of the Term of this Agreement. In the event that the Referee whose turn it is to analyse the sample is taken (the “KU Disposal Date”)unable to do so, the LG&E Disposal Date sample shall be sent to the next Referee on the list. In the event that any of the above Referees should no longer be available to act as a referee, then the Purchaser and the KU Disposal Date Supplier shall agree upon a replacement. If the Purchaser and the Supplier are collectively unable to agree upon a replacement within three (3) months of them discovering that such Referee is unable to act as a referee, then a replacement referee shall be appointed by the “Disposal Date”)Chairman of the LME in London, Xxxxxxx xx xxx xxxxxxx. Xxx xxxxxxxx xx xxx Xxxxxxxx xx xxx nominee shall be final and binding on the Parties.
(f) The Referee shall complete its analysis within a further period of five (5) days and the results of the analysis shall be definitive and binding upon all Parties. The quality of the Alumina contained in the relevant shipment shall be deemed to be the same as that of the Referee's sample analysis. If, pursuant to the Referee's analysis, the Alumina complies with the specifications set out in SCHEDULE 2, the cost of the Referee's analysis shall be borne by the Purchaser. If, pursuant to the Referee's analysis, the Alumina does not comply with the specifications set out in SCHEDULE 2, the cost of the Referee's analysis shall be borne by the Supplier.
(g) The Purchaser shall use its Commercially Reasonable Efforts to process any Alumina not conforming to the specifications set out in SCHEDULE 2, and the Supplier shall be delivered to Seller compensate the Purchaser for analysis if Seller so requests before the Disposal Date; any additional processing costs and one part (“Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies loss of all analyses made by Buyer production incurred by the tenth (10th) business day Purchaser as a result of processing of non-conforming Alumina. In the month following event the month Purchaser, at its sole discretion, determines that such processing of unloading. Sellernon- conforming Alumina is not appropriate, on reasonable notice to Buyer the Purchaser shall have the right to have a representative present reject such non-conforming Alumina and to observe require the sampling Supplier to remove any such non-conforming Alumina and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before replace the Disposal Date, Buyer’s analysis shall be used to determine same with another shipment of Alumina meeting the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification specifications set out in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregarded. The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevailsSCHEDULE 2.
Appears in 1 contract
Sampling and Analysis. The Seller has sole responsibility for quality control Each daily shipment of the coal shall be sampled and shall forward its “as loaded” quality analyzed within twenty-four (24) hours of delivery to the Buyer as soon as possiblePlant. The sampling and Such analysis of the coal delivered hereunder designated for delivery to Buyer shall be performed undertaken as a “quick analysis” by Buyer an independent laboratory acceptable to Buyer. Seller shall furnish the results of such analysis by facsimile transmission to Wxxxxxx Power Plant at (000) 000-0000, within twenty-four (24) hours of delivery to the Plant. Such analyses shall govern for the purposes of determining compliance with the quality specifications required under this Agreement, except as otherwise provided herein below:
A. All sampling and analysis shall meet ASTM Standards. Seller shall retain sample splits at Seller’s Mine for a period of ninety (90) days. Upon Buyer’s request, the retained sample split shall be sent to an independent laboratory for analysis and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both parties. Samples for analyses shall be taken by any ASTM standards or standards mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) part shall be used for analysis by Buyer; one (l) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used govern as to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shipment as to which such sample pertains.
B. Sampling and analysis shall be performed on not greater than 2,000 ton batches.
C. If it is determined that samples have been obtained incorrectly, Seller and Buyer shall attempt to determine the effect, if any, on quality determinations as the same may apply to the price for coal paid by utilizing the individual shipment Buyer with respect to samples previously used by Buyer and Seller in their analyses. If any dispute arises before the Disposal Daterequired, the Referee Sample retained by Buyer a reasonable adjustment shall be submitted made in amounts invoiced and payments made to compensate for analysis any differences in the gross calorific value of coal tested versus that of the coal which should have been tested. If it is determined that sample analyses are in error, whether due to improper preparation of samples to be analyzed, faulty analytical equipment, or faulty laboratory methods, an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute appropriate adjustment shall be deemed not made in amounts invoiced and payments made to exist and Buyer’s analysis shall prevail and correct for errors in gross calorific values determined by the analysis of the Independent Lab sample analyses. However, no adjustment hereunder shall be disregarded if the analysis retroactive for a period in excess of the Independent Lab differs from the analysis of Buyer by an amount equal ninety (90) days prior to or less than:
either (i) 0.50% moisture
the date that either party first questioned in writing the correctness of the sampling procedures or the accuracy of the sample analyses, or (ii) 0.50% ash on a dry basisthe date that the inaccuracy was first determined, whichever was the earlier date.
(iii) 100 Btu/lbD. Coal not complying with the quality specifications set forth herein will not be accepted by Buyer unless authorized prior to shipment. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if At the analysis option of the Independent Lab differs from the analysis Buyer, acceptance of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis non-conforming coal may be conditioned upon reductions in price which shall be disregarded. The cost agreed upon in writing prior to delivery of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevailsany such non-conforming coal.
Appears in 1 contract
Samples: Coal Supply Agreement (Vectren Utility Holdings Inc)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon unloading of the coal at Buyer’s generating station, and except as otherwise provided herein, the results thereof shall be accepted and used for as defining the quality and characteristics of the coal delivered under this AgreementAgreement and shall be used in determining the initial payment for the relevant Shipment (the “Payment Analysis”). All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or using industry-accepted standards mutually acceptable to both partiesin other cases. Samples for analyses shall be taken by any in accordance with ASTM standards or standards other methods mutually acceptable to both parties, and may be composited and . Seller shall transmit its “as-loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality shall be taken with the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereundersample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
. Each sample taken by Buyer shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer; one . One (l1) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one . One (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) [***] days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one . One (1) part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. Seller, on reasonable notice to Buyer Buyer, shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a an analysis of the Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunderhereunder and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be determined by utilizing based on the individual shipment Shipment analyses. In addition, Buyer shall send Seller weekly analyses of all of Seller’s coal unloaded at Buyer’s generating stations pursuant to this Agreement. If any dispute arises with regard to the analysis of any sample before the Disposal DateDate for such sample, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from by more than the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in questionapplicable ASTM reproducibility standards, if the analysis of the Independent Lab differs from results will govern, and the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s prior analysis shall be disregarded. The All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to party who provided the extent that the analysis of the Independent Lab prevailsoriginal Payment Analysis.
Appears in 1 contract
Sampling and Analysis. (a) If origin weight and quality for payment is to be used then the following applies. The Seller has sole responsibility for quality control Sampling Person, designated on relevant Confirmation, the Buyer’s, agent unless otherwise specified in the relevant Confirmation, shall cause a representative sample of the coal Fuel loading into each barge, Unit Train or truck to be taken by mechanical sampler that has been approved in advance of loading by Buyer, which approval shall be granted if the sampler meets and is certified to meet ASTM standards. Samples shall forward its “as loaded” quality to be taken at the Buyer as soon as possible. The point of loading into barge, Unit Train or truck, and all sampling and analysis of the coal delivered hereunder sample preparation shall be performed by in accordance with then current published applicable ASTM standards.
(b) In the event that Seller’s mechanical sampling system ceases to operate properly, Sampling Person shall promptly notify Buyer to determine the course of action to be taken concerning shipments of Fuel under this Master Agreement. In such an event Buyer and the results thereof Seller shall be accepted and used for the quality and characteristics agree upon one of the coal delivered under this Agreement. All analyses shall be made in Buyer’s laboratory at Buyer’s expense two options: (1) Select an alternative location to sample in accordance with ASTM standards where applicableor (2) agree to use the monthly weighted average of the prior month’s deliveries from Seller to Buyer. Seller shall repair such sampling system as soon as practical and, or using standards mutually acceptable once repaired, sampling shall revert to both parties. Samples for analyses Seller’s mechanical sampling system.
(c) The Sampling Person’s samples of Fuel representing each Shipment and the analysis thereof as set forth in this Section 4.4, shall be taken by used to determine quality adjustments pursuant to Section 5.1 and any rejection rights pursuant to Section 5.2 or suspension rights pursuant to Section 5.3.
(d) Each sample shall be divided into four (4) parts in accordance with then current ASTM standards or standards mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller placed in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.separate airtight containers
(i) One (1) part of each sample shall be used for analysis sent by Buyer; one Sampling Person (lat Sampling Person’s expense) part shall be used by Buyer as a check sample, if Buyer within twenty-four (24) hours to the Analysis Person which will analyze such sample in its sole judgment determines it is necessary; one accordance with Section 4.4(e) below.
(ii) One (1) part shall be retained by the Sampling Person for the benefit of Seller for a period of forty-five (45) days (if Seller is not the Sampling Person) or shipped as Seller directs.
(iii) One (1) part shall be retained by the Sampling Person for the benefit of Buyer for a period of forty-five (LG&E45) until days (if Buyer is not the Sampling Person) or shipped as Buyer directs.
(iv) One (1) part shall be retained by the Sampling Person for a period of forty-five (45) days to be used for a referee analysis.
(e) Analysis shall be performed by the Analysis Person. designated on the relevant confirmation, which shall be an independent certified laboratory chosen by good faith agreement of the Parties. If the Parties fail to agree upon such laboratory. then each Party shall select its own independent certified laboratory and the analyses of both laboratories of the Sampling Person’s samples shall be averaged and such average shall be conclusive and binding for all purposes, provided that the results obtained by the individual laboratories are within ASTM (interlaboratory) Reproducibility Limits: if the results are not within ASTM (interlaboratory) Reproducibility Limits, the analysis of such Samples by the independent laboratories shall be repeated.
(f) Samples shall be analyzed on an “as-received” basis in accordance with then current published applicable ASTM standards. The Analysis Person shall perform a short proximate analysis on an “as-received” basis, which shall include total moisture, ash, Btu, sulfur and such other data as may be required by the applicable Confirmation. At the request of either Buyer or Seller, and at the expense of the requesting Party, additional analyses may be performed.
(g) The Sampling Person shall report, or shall cause to be reported, the results short proximate analysis to be reported to Buyer, along with train I.D. number, barge I.D., weight and shipping data (“Shipping Report”) by fax, telephone (to be confirmed promptly by fax) or other electronic means (with confirmation of receipt) as soon as available, but in any event within twenty-fifth four (25th24) hours(forty-eight (48) hours for PRB Sources) of the month following completion of the month loading of each Shipment.
(h) By notice to the Sampling Person within twenty-four (24) hours after delivery of the Shipping Report or within two (2) Business Days for purposes other than to assess Rejection thresholds and in any event prior to unloading of the Fuel at the destination, Buyer or Seller may object to the analysis (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal DateObjecting Person”), and if so, the Sampling Person shall submit the retained referee sample to an independent testing laboratory selected by and unaffiliated with the Objecting Person for an independent analysis.
(i) If the results of the independent analysis are within ASTM (inter-laboratory) Reproducibility Limits, the original short proximate sodium, and any other specification analysis as required in the applicable Confirmation, as appropriate shall control and the costs of the independent analysis shall be delivered to Seller paid by the Objecting Person. If such results for any Specification are not within such Reproducibility Limits, the results of the independent analysis if Seller so requests before and the Disposal Date; and one part (“Referee Sample”) original results shall be retained by Buyer until averaged and the Disposal Date. Seller average result shall control and the costs of the independent analysis shall be given copies of all analyses made by Buyer borne by the tenth non-Objecting Person.
(10thj) business day All analyses shall be performed in accordance with then current published applicable ASTM standards.
(k) In the event the Buyer believes the applicable sampling or weighing results are outside the acceptable tolerance level of the month following the month of unloading. Sellerthat particular process (ASTM standards for Sampling or MST Handbook 44 for scale weights), on reasonable notice to then Buyer shall will have the right to have a representative present an independent expert to observe inspect and review Seller’s equipment and process for determining samples and weights. In the event that the systems are found to be out of acceptable tolerance, and it is determined that the review proves it impractical to make prospective adjustments to eliminate the inaccuracy, then Buyer reserves the right to determine weight and sample for quality for payment at destination for all shipments, until the systems are corrected and verified, at which time sampling and analyses performed by Buyerweighing shall revert to Seller’s systems. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall notify Seller in advance (seven (7) days prior) if destination weight and quality is to be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry payment basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregarded. The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Samples: Master Fuel Purchase and Sale Agreement (Foresight Energy LP)
Sampling and Analysis. The 9.1 Sampling and analysis at Loading Port At the Loading Port, the Seller has sole responsibility shall appoint SGS, or another mutually agreed Independent Surveyor, to take a representative sample of each shipment of Product. Automated sampling will be used if available. If not, the sampling will be undertaken by a manual sampling system to an agreed sampling schedule. SGS, or another mutually agreed Independent Surveyor, will take each sample, divide it into two (2) parts, analyse such parts for quality control chemical composition and sizing and for free moisture content and provide a certificate (Certificate of Analysis) showing details of the coal and determination which shall forward its “as loaded” quality to be the Buyer as soon as possiblebasis for the Seller's provisional invoice. The sampling cost for such appointment shall be for the Seller.
9.2 Sampling and analysis of at Discharge Port At the coal delivered hereunder Discharge Port the Buyer, at Bxxxx’s expense, shall be performed by Buyer and the results thereof shall be accepted and used arrange for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicableCIQ, or using standards mutually acceptable to both parties. Samples for analyses shall be taken by any ASTM standards or standards mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate take representative samples of each shipment of Product and analyse such sample for chemical and physical composition and for free moisture content. Such representative sample shall be divided into three (3) parts, one for the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, the second for the Seller, and finds them to the third for possible umpire analysis which shall be acceptablesealed and kept by CIQ or, if applicable the Independent Surveyor. Buyer shall notify The Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, provide for no less accuracy than may at the sampling and analysis practices existing Seller's expense have its representative(s) present at the time of sampling and analysis and the execution Buyer shall provide the Seller with notice of this Agreementthe location of the Discharge Port promptly upon declaration of Discharge Port by Glencore’s buyer. Within [Redacted – Item 4] days after completion of discharge, unless Buyer shall forward to the Parties otherwise mutually agree.
(1) part Seller by facsimile or email a copy of certificate issued by CIQ showing the percentage of chemical contents, the percentage of free moisture loss at [Redacted – Item 5] and the relevant screen analysis. If Buyer does not receive CIQ results within [Redacted – Item 6] days after completion of discharge, Loading Port results shall be used for analysis by Buyer; one (l) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”)final. Otherwise, the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s CIQ analysis shall be used to determine final except as otherwise provided for in clause 9.3.
9.3 Analysis differences Should there be a difference of [Redacted – Item 7] but not more than [Redacted – Item 7] or more in the quality iron content, or if there is a difference of [Redacted – Item 7] but not more than [Redacted – Item 7] between the coal delivered hereunderLoading Port and Discharge Port analysis for other chemical elements, except moisture content (H2O), then average of Loading Port and Discharge Port shall be final. For P and S the above difference should be read as [Redacted – Item 7]. The Monthly Weighted Averages final analysis of a shipment determined as above shall be determined by utilizing the individual shipment analysesbasis for the Seller's final invoice. If any dispute arises before the Disposal Datedifference in iron and other chemical elements, the Referee Sample retained by Buyer shall be submitted for analysis except moisture content (H2O), is above [Redacted – Item 7] and if both parties are unable to reach an agreement, then both proceed to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification umpire analysis as detailed in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregarded. The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevailsSection 9.4.
Appears in 1 contract
Samples: Contract (Alderon Iron Ore Corp.)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” loaded quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer and the results thereof shall CONSOL ENERGY INC. LG&E CONTRACT #LGE 00010 KU CONTRACT #KUF00731 be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both partiesBuyer's approved methods. Samples for analyses shall be taken by any ASTM standards or standards mutually acceptable to both partiesBuyer's approved procedures of sampling, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s 's sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s 's sampling and analysis practices. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, shall provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties parties otherwise mutually agree.
(1) . Each sample taken by Buyer shall be divided into 4 parts and put into airtight containers, properly labeled and sealed. One part shall be used for analysis by Buyer; one (l) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) 25th of the month following the month of unloading (the “LG&E "Disposal Date”") or Buyer (KU) until thirty (30) days ("Disposal Date") after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”)taken, and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“"Referee Sample”") shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) 12th business day of the month following the month of unloading, in addition, Buyer (KU) will send weekly analyses of coal unloadings to Seller. Seller, on reasonable notice to Buyer shall have the right to have a representative present CONSOL ENERGY INC. LG&E CONTRACT #LGE 00010 KU CONTRACT #KUF00731 to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis All testing of any such sample by the Independent Lab shall be disregarded if at requestor's expense unless the analysis of results differ by more than the applicable ASTM reproducibility standards, in such case, Buyer will pay for testing. If the Independent Lab differs from results differ by more than the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in questionapplicable ASTM reproducibility standards, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s analysis shall be disregardedresults will govern. The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s 's analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Samples: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer and the results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or using standards mutually acceptable to both partiesreliable and industry accepted standards. Samples for analyses shall be taken by any ASTM standards or standards mutually reliable and industry accepted standard acceptable to both parties, and may be composited composited, and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s 's sampling and analysis practices, and finds them to be acceptable. Buyer shall notify Seller in writing of any CONTRACT #00-000-000 significant changes in Buyer’s 's sampling and analysis practices. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or mutually agreeable industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree.
(1) . Each sample taken by Buyer shall be divided into 4 parts and put into airtight containers, properly labeled and sealed. One part shall be used for analysis by Buyer; one (l) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) 25th of the month following the month of unloading (the “LG&E "Disposal Date”") or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date; and one part (“"Referee Sample”") shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the tenth (10th) business 12th day of the month following the month of unloading. Seller, on reasonable notice to Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality of the coal delivered hereunder. The Monthly Weighted Averages shall be determined by utilizing the individual shipment analyses. If any dispute arises before the Disposal Date, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s 's analysis shall prevail and the analysis of the CONTRACT #00-000-000 Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
moisture (ii) 0.50% ash on a dry basis
basis (iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the amounts listed above, then the analysis of the Independent Lab shall prevail and Buyer’s 's analysis shall be disregarded. The cost of the analysis made by the Independent Lab shall be borne by Seller to the extent that Buyer’s 's analysis prevails and by Buyer to the extent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Samples: Spot Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)