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 XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 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.
Appears in 3 contracts
Samples: Supply Agreement (Armstrong Coal Company, Inc.), Supply Agreement (Armstrong Energy, Inc.), Supply Agreement (Armstrong Resource Partners, L.P.)
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 XXXXXXXXX COAL COMPANYAgreement, INC LG&E/KU Xxxxxxxx Xxexcept as otherwise provided herein. X00000 AgreementBuyer’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.
Appears in 2 contracts
Samples: Supply Agreement, 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 XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 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.. XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000
Appears in 2 contracts
Samples: Supply Agreement (Armstrong Coal Company, Inc.), 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 XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 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.
Appears in 2 contracts
Samples: Supply Agreement (Louisville Gas & Electric Co /Ky/), 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” 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 XXXXXXXXX COAL COMPANYAgreement, INC LG&E/KU Xxxxxxxx Xxexcept as otherwise provided herein. X00000 AgreementBuyer’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.
Appears in 1 contract
Samples: 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 XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 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.
Appears in 1 contract