Sampling and Analysis. a. Contractor’s samples shall be used for the quality adjustment(s) for each quarter under Section 8, Adjustments for Quality, provided all samples for such quarter meet all criteria below: (i) Ninety-five percent (95%) of shipments shall have been sampled and analyzed in accordance with the methods described in the latest published edition of the Annual Book of ASTM Standards, volume 05.06. Samples must have been collected utilizing mechanical systems meeting ASTM D 7256 / D 7256 M-06 Type I, Condition B, , which have been shown to be free of bias within the past year. The bias testing procedure and precision used must be approved by TVA. Systems will be subject to a critical inspection according to ASTM D4702 prior to approval. Analysis procedures used should be as follows unless otherwise approved in writing by TVA: Parameter Method Residual Moisture ASTM D 3173 or 5142 Ash ASTM D 3174 or 5142 Sulfur ASTM D 4239 Btu ASTM D 5865 Note if ASTM D 3173 is used for Residual Moisture, ASTM D 3174 must be used for Ash. Conversely, if ASTM D 5142 is used for Residual Moisture, ASTM D 5142 must be used for Ash. (ii) Sample analysis and other data required by TVA to match data with shipment shall be provided to TVA in a format approved by TVA. (iii) The lot size for each sample shall be by barge for barge coal, by trainload for rail coal, and by daily delivery for truck coal. (iv) Analysis for each sample shall have been received by TVA by electronic data interchange within seven (7) days of collection of said sample. (v) The sampling system shall be located in an area acceptable to TVA such that the sample collected for shipment is collected only from coal that is loaded for said shipment. If Contractor fails to sample ninety-five percent (95%) and TVA samples twenty percent (20%) or more of the tonnage received, and if any of Contractor’s samples for the affected quarter do not meet all of the above criteria, TVA samples shall be used for said quarterly adjustment(s). If TVA samples less than twenty percent (20%) of the tonnage received and any of Contractor’s samples do not meet all of the above criteria, no adjustment for quality will be made for said quarter. b. In the event Contractor’s mechanical sampling system is not operating due to mechanical, electrical, or operational failure, Contractor shall notify TVA and the parties shall agree upon an alternative method of sampling. c. Contractor agrees to ensure that all sampling equipment is properly maintained and adjusted so that each sample taken is proportionate and representative of the coal delivered. TVA or its designated representative may observe any sampling or sample preparation performed by Contractor. Contractor shall furnish the results of bias tests on the sampling system, and the results must be acceptable to TVA. The sample system shall be bias tested at least every twelve (12) months. d. Contractor shall prepare the samples in accordance with ASTM D 2013 and shall divide such samples into three splits and place in suitable airtight containers. Contractor will analyze the first split and fax the results to the Contract Administrator who administers this Contract for TVA and to the Coal Records Clerk and Yard Operations Supervisor at the Destination Plant. Except as provided below, the Contractor’s results obtained on this first split will be utilized by TVA to determine whether or not the coal covered by the sample will be unloaded at the Destination Plant. TVA reserves the right not to unload coal at the Destination Plant until after the appropriate analysis is received. Contractor shall be responsible for any demurrage charges incurred by TVA as a result of failure to transmit the analyses when and as required. TVA may reject coal based on these analyses. Within twenty-four (24) hours of barge loading, Contractor shall send the second split identified by such sample number directly to an independent laboratory (to be agreed upon by TVA and Contractor) by expedited delivery for analysis. The analysis results obtained from the second split shall supersede the first split sample results and will be utilized for all contract purposes, and determining the price adjustment required to compensate for the difference between the quality of the coal actually shipped and the contract guaranteed analysis. The third split (“referee sample”) will be retained by Contractor for a minimum of sixty (60) days to be analyzed by the second independent laboratory (to be agreed upon by TVA and Contractor) in the event of a disagreement between the parties regarding the results obtained on either of the other two splits. If the results of the referee analysis indicate the analysis was improperly performed or the results of the referee analysis are not within ASTM reproducibility limits with the first independent laboratory results, then the referee analysis result will be conclusive between the parties in regard to the analysis of the sample in question. The cost of any such referee analysis shall be borne by the party that requested it, provided that if adjustment is made, then the cost of any such analysis shall be equally shared by both parties.
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Samples: Coal Supply Agreement (Patriot Coal CORP), Coal Supply Agreement (Patriot Coal CORP)
Sampling and Analysis. a. Contractor’s s samples shall be used for the quality adjustment(s) for each quarter under Section 8, Adjustments for Quality, provided all samples for such quarter meet all criteria below:
(i) Ninety-five percent (95****%) of shipments shall have been sampled and analyzed in accordance with the methods described in the latest published edition of the Annual Book of ASTM Standards, volume 05.06. Samples must have been collected utilizing mechanical systems meeting ASTM D 7256 / D 7256 M-06 Type I, Condition B, , which have been shown to be free of bias within the past year. The bias testing procedure and precision used must be approved by TVA(****. Systems will be subject to a critical inspection according to ASTM D4702 prior to approval. Analysis procedures used should be as follows unless otherwise approved in writing by TVA****: Parameter Method Residual Moisture ASTM D 3173 or 5142 Ash ASTM D 3174 or 5142 Sulfur ASTM D 4239 Btu ASTM D 5865 Note if ASTM D 3173 is used for Residual Moisture, ASTM D 3174 must be used for Ash. Conversely, if ASTM D 5142 is used for Residual Moisture, ASTM D 5142 must be used for Ash.
(ii) Sample analysis and other data required by TVA **** to match data with shipment shall be provided to TVA **** in a format approved by TVA****.
(iii) The lot size for each sample shall be by barge for barge coal, by trainload for rail coal, and by daily delivery for truck coal.
(iv) Analysis for each sample shall have been received by TVA **** by electronic data interchange within seven (7) days of collection of said sample.
(v) The sampling system shall be located in an area acceptable to TVA **** such that the sample collected for shipment is collected only from coal that is loaded for said shipment. If Contractor **** fails to sample ninety-five **** percent (95****%) and TVA **** samples twenty **** percent (20****%) or more of the tonnage received, and if any of Contractor****’s samples for the affected quarter do not meet all of the above criteria, TVA **** samples shall be used for said quarterly adjustment(s). If TVA **** samples less than twenty **** percent (20****%) of the tonnage received and any of Contractor****’s samples do not meet all of the above criteria, no adjustment for quality will be made for said quarter.
b. In the event Contractor****’s mechanical sampling system is not operating due to mechanical, electrical, or operational failure, Contractor **** shall notify TVA **** and the parties shall agree upon an alternative method of sampling.
c. Contractor agrees to ensure that all sampling equipment is properly maintained and adjusted so that each sample taken is proportionate and representative of the coal delivered. TVA **** or its designated representative may observe any sampling or sample preparation performed by Contractor****. Contractor **** shall furnish the results of bias tests on the sampling system, and the results must be acceptable to TVA****. The sample system shall be bias tested at least every twelve (12) months.
d. Contractor shall prepare the samples in accordance with ASTM D 2013 and shall divide such samples into three splits and place in suitable airtight containers. Contractor **** will analyze the first split and fax the results to the Contract Administrator who administers this Contract for TVA **** and to the Coal Records Clerk and Yard Operations Supervisor at the Destination Plant. Except as provided below, the Contractor****’s results obtained on this first split will be utilized by TVA **** to determine whether or not the coal covered by the sample will be unloaded at the Destination Plant. TVA **** reserves the right not to unload coal at the Destination Plant until after the appropriate analysis is received. Contractor **** shall be responsible for any demurrage charges incurred by TVA **** as a result of failure to transmit the analyses when and as required. TVA **** may reject coal based on these analyses. Within twenty-four (24) hours of barge loading, Contractor **** shall send the second split identified by such sample number directly to an independent laboratory (to be agreed upon by TVA Customer and Contractor) by expedited delivery for analysis. The analysis results obtained from the second split shall supersede the first split sample results and will be utilized for all contract purposes, and determining the price adjustment required to compensate for the difference between the quality of the coal actually shipped and the contract guaranteed analysis. The third split (“referee sample”) will be retained by Contractor **** for a minimum of sixty (60) days to be analyzed by the second independent laboratory (to be agreed upon by TVA Customer and Contractor) in the event of a disagreement between the parties regarding the results obtained on either of the other two splits. If the results of the referee analysis indicate the analysis was improperly performed or the results of the referee analysis are not within ASTM reproducibility limits with the first independent laboratory results, then the referee analysis result will be conclusive between the parties in regard to the analysis of the sample in question. The cost of any such referee analysis shall be borne by the party that requested it, provided that if adjustment is made, then the cost of any such analysis shall be equally shared by both parties.
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Sampling and Analysis. a. Contractor’s samples The quality of lignite delivered to SWEPCO from the Mine for use at SWEPCO's Plant shall be used for determined by analyses of samples taken at a point or points mutually agreed upon by SWEPCO and SABINE. Sampling and analyses shall be performed by methods which meet the quality adjustment(s) for each quarter under Section 8, Adjustments for Quality, provided all samples for such quarter meet all criteria below:
(i) Ninety-five percent (95%) of shipments shall have been sampled and analyzed in accordance with the methods described in the latest published edition standards of the Annual Book of ASTM StandardsASTM, volume 05.06or by such other methods as may be mutually agreed upon between SWEPCO and SABINE. Samples must have been collected utilizing mechanical systems meeting ASTM D 7256 / D 7256 M-06 Type I, Condition B, , which have been shown SWEPCO shall cause the samples to be free of bias within transported to the past yearLaboratory. The bias testing procedure and precision used must be approved by TVA. Systems will be subject to a critical inspection according to ASTM D4702 prior to approval. Analysis procedures used should be as follows unless otherwise approved in writing by TVA: Parameter Method Residual Moisture ASTM D 3173 or 5142 Ash ASTM D 3174 or 5142 Sulfur ASTM D 4239 Btu ASTM D 5865 Note if ASTM D 3173 is used for Residual Moisture, ASTM D 3174 must be used for Ash. Conversely, if ASTM D 5142 is used for Residual Moisture, ASTM D 5142 must be used for Ash.
(ii) Sample analysis and other data required by TVA to match data with shipment Each sample shall be provided to TVA processed, split into three (3) equal parts and placed in a format approved suitable airtight containers by TVA.
(iii) The lot size for SWEPCO or the Laboratory. Part one of each sample shall be analyzed by barge for barge coal, by trainload for rail coalthe Laboratory, and by daily delivery for truck coal.
(iv) Analysis for the cost of such analysis shall be included in the Cost of Production. Part two of each sample shall have been received be properly identified and stored in the Laboratory for a period of not less than sixty (60) days for either party to analyze at its own expense if it so desires. Part three of each sample shall be properly identified and stored by TVA SWEPCO for a period of not less than sixty (60) days. The cost of analysis of part three of the sample, if required, shall be borne equally by electronic data interchange SWEPCO and SABINE. For deliveries for which a sample is not available or for which a sample is agreed by SWEPCO and SABINE to be incorrect, the weighted average of the immediately preceding three (3) days sample analyses which are available shall be utilized. The results of the analyses performed by the Laboratory on part one of the samples shall be binding on the parties and shall be deemed to represent the quality and characteristics of the lignite delivered hereunder unless one party notifies the other of a dispute concerning such analysis within the sixty (60) day period specified in the preceding paragraph. If the analysis of part one is disputed and the analyses of parts one and two of the sample differ by more than the reproducibility values specified by ASTM or any other mutually agreeable tolerances, then part three of such sample shall be analyzed by a commercial testing laboratory mutually chosen and using ASTM standards or mutually accepted procedures. When all three parts of a sample are analyzed, the average of the two closest sample results will be used to represent the quality of the lignite delivered on the day such samples were taken; provided, however, that if the two closest sample results differ by more than the reproducibility values specified by ASTM or any other mutually agreeable tolerances, then the weighted average of the immediately preceding three (3) days sample analyses which are available shall be deemed to be the quality and characteristics of the daily delivery of lignite under consideration. As soon as practicable after the end of each month, SABINE shall furnish SWEPCO with a summary of the analyses performed by the Laboratory during the preceding month on part one of each sample. In addition, if either party elects to analyze part two of a sample, that party shall deliver the results of such analyses to the other party within seven (7) days Business Days of collection receiving such results. SABINE and SWEPCO each shall have the right to request a bias test of the sampling system if it questions the accuracy of said sample.
(v) system. The party requesting such bias test shall pay all costs of any such challenge bias test unless the sampling system is found to be in error, in which case SWEPCO and SABINE each shall be located in an area acceptable to TVA such that the sample collected for shipment is collected only from coal that is loaded for said shipment. If Contractor fails to sample ninety-five pay fifty percent (95%) and TVA samples twenty percent (20%) or more of the tonnage received, and if any of Contractor’s samples for the affected quarter do not meet all of the above criteria, TVA samples shall be used for said quarterly adjustment(s). If TVA samples less than twenty percent (2050%) of the tonnage received costs of such test. SABINE shall have the right to have a representative present at any and any of Contractor’s samples do not meet all of times to observe the above criteria, no adjustment for quality will be made for said quarter.
b. In sampling. If the event Contractor’s mechanical sampling system is not operating due to mechanicalreplaced or substantially modified, electricalthen SWEPCO shall perform, or operational failureat its sole cost, Contractor shall notify TVA and the parties shall agree upon an alternative method of sampling.
c. Contractor agrees to ensure that all sampling equipment is properly maintained and adjusted so that each sample taken is proportionate and representative a bias test of the coal delivered. TVA sampling system as so replaced, altered or its designated representative may observe any sampling or sample preparation performed by Contractor. Contractor shall furnish the results of bias tests on the sampling system, and the results must be acceptable to TVA. The sample system shall be bias tested at least every twelve (12) monthsmodified.
d. Contractor shall prepare the samples in accordance with ASTM D 2013 and shall divide such samples into three splits and place in suitable airtight containers. Contractor will analyze the first split and fax the results to the Contract Administrator who administers this Contract for TVA and to the Coal Records Clerk and Yard Operations Supervisor at the Destination Plant. Except as provided below, the Contractor’s results obtained on this first split will be utilized by TVA to determine whether or not the coal covered by the sample will be unloaded at the Destination Plant. TVA reserves the right not to unload coal at the Destination Plant until after the appropriate analysis is received. Contractor shall be responsible for any demurrage charges incurred by TVA as a result of failure to transmit the analyses when and as required. TVA may reject coal based on these analyses. Within twenty-four (24) hours of barge loading, Contractor shall send the second split identified by such sample number directly to an independent laboratory (to be agreed upon by TVA and Contractor) by expedited delivery for analysis. The analysis results obtained from the second split shall supersede the first split sample results and will be utilized for all contract purposes, and determining the price adjustment required to compensate for the difference between the quality of the coal actually shipped and the contract guaranteed analysis. The third split (“referee sample”) will be retained by Contractor for a minimum of sixty (60) days to be analyzed by the second independent laboratory (to be agreed upon by TVA and Contractor) in the event of a disagreement between the parties regarding the results obtained on either of the other two splits. If the results of the referee analysis indicate the analysis was improperly performed or the results of the referee analysis are not within ASTM reproducibility limits with the first independent laboratory results, then the referee analysis result will be conclusive between the parties in regard to the analysis of the sample in question. The cost of any such referee analysis shall be borne by the party that requested it, provided that if adjustment is made, then the cost of any such analysis shall be equally shared by both parties.
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