Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed at Seller's expense at the Mine by an independent commercial testing laboratory ("Independent Lab") mutually selected by Buyer and Seller. 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 accordance with American Society of Testing Materials ("A.S.T.M.") or other mutually agreed to specifications. Samples for analysis shall be taken in accordance with A.S.T.M. standards, may be composited, and shall be taken with a frequency and regularity sufficient to provide accurate representative samples of the deliveries made hereunder. Each sample shall be divided into 3 parts and put into airtight containers, properly labeled and sealed. One part shall be used for analysis by the Independent Lab, one part shall be made available to Buyer as a check sample, if Buyer in its sole judgment determines it is necessary, and one part ("Referee Sample") shall be retained for a period of 30 days. Buyer shall be given timely and routine copies of all analyses made by the Independent Lab. Seller will fax results and relevant coal quality information to Buyer's designee and to its Plant Manager, 24 hours prior to shipment. Buyer, on reasonable notice to Seller shall have the right to have a representative present to observe the sampling and analysis. Unless Buyer requests a Referee Sample analysis, the Independent Lab analysis shall be used to determine the quality of the coal delivered hereunder.
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Samples: Supply Agreement (Vectren Utility Holdings Inc), Agreement for the Supply of Coal (Vectren Corp)
Sampling and Analysis. Analysis of calorific value, ash, sulfur, moisture and, if requested by Buyer, ash softening temperature, shall be made by Seller or at its direction for each day's deliveries of coal. Analysis shall be performed in accordance with the latest methods approved by the American Society for Testing and Materials (ASTM) or such other methods as the parties may agree upon. Samples shall be taken by Buyer on a regular basis in accordance with ASTM standards utilizing the automated sampler located in the secondary crusher at the point of delivery. Other sampling methods and locations may be used from time to time upon mutual agreement of the parties. All samples shall be divided into three parts and put in suitable airtight containers. One part shall be taken and analyzed by Seller, one part shall be retained by Buyer and may be analyzed by Buyer at its discretion and the third part shall be retained by Seller for not less than one month in one of the aforesaid containers properly sealed and labeled to be analyzed if a dispute arises due to any differences between Seller's analysis and Buyer's analysis. The sampling and results of Seller's analysis for each day's deliveries of coal during a calendar month shall be communicated to Buyer as soon as practicable after the end of such calendar month so that Buyer can perform the calculations described in Section 9. Seller shall pay for the cost of the analysis of the coal delivered hereunder samples to be analyzed by it. Buyer shall bear the cost of any analysis it should decide to make of the samples it retains. The analysis of the third part of each sample, should its analysis be found necessary, shall be performed at Seller's expense at the Mine made by an independent commercial testing laboratory ("Independent Lab") mutually selected by Buyer and Seller. 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 accordance with American Society of Testing Materials ("A.S.T.M.") or other mutually agreed to specifications. Samples for analysis shall be taken in accordance with A.S.T.M. standards, may be compositedchosen, and shall be taken with a frequency and regularity sufficient to provide accurate representative samples the results of the deliveries made hereunder. Each sample shall be divided into 3 parts and put into airtight containers, properly labeled and sealed. One part shall be used for such commercial laboratory analysis by the Independent Lab, one part shall be made available to Buyer and accepted by all parties hereto as a check sample, if Buyer in its sole judgment determines it is necessary, and one part ("Referee Sample") shall be retained for a period of 30 days. Buyer shall be given timely and routine copies of all analyses made by the Independent Lab. Seller will fax results and relevant coal quality information to Buyer's designee and to its Plant Manager, 24 hours prior to shipment. Buyer, on reasonable notice to Seller shall have the right to have a representative present to observe the sampling and analysis. Unless Buyer requests a Referee Sample analysis, the Independent Lab analysis shall be used to determine the quality of the coal delivered hereunderrepresented by such sample. The costs thereof shall be shared one-half by Seller and one-half by Buyer.
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Sampling and Analysis. The Unless otherwise mutually agreed, the sampling and analysis of the coal fuel delivered hereunder shall be performed at Seller's expense at the Mine by an independent commercial testing laboratory ("Independent Lab") mutually selected by Buyer and Seller. The results thereof shall be accepted and used for the quality and characteristics of the coal fuel delivered under this Agreement. All analyses shall be made in accordance with American Society of Testing Materials ("A.S.T.M.") or other mutually agreed to specifications. Samples for analysis shall be taken in accordance with A.S.T.M. standards, may be composited, and shall be taken with a frequency and regularity sufficient to provide accurate representative samples of the deliveries made hereunder. Each sample shall be divided into 3 parts and put into airtight containers, properly labeled and sealed. One part shall be used for analysis by the Independent Lab, one part shall be made available to Buyer as a check sample, if Buyer in its sole judgment determines it is necessary, and one part ("Referee Sample") :) shall be retained for a period of 30 days. Buyer shall be given timely and routine copies of all analyses made by the Independent Lab. Seller will fax results and relevant coal quality information to Buyer's designee and to its Plant Manager, 24 hours prior to shipment. Buyer, on reasonable notice to Seller shall have the right to have a representative present to observe the sampling and analysis. Unless Buyer requests a Referee Sample analysis, the Independent Lab analysis shall be used to determine the quality of the coal delivered hereunder.
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Samples: Coal Supply Agreement (Vectren Corp)