Common use of Sampling and Analysis Clause in Contracts

Sampling and Analysis. All sampling and analysis will be performed in accordance with methods approved by ASTM or such alternate written standards and procedures mutually agreed to by the Parties. The quality of Dedicated Lignite or Alternate Fuel delivered to Buyer by Seller shall be determined by analysis of samples taken daily at the Facility by the Buyer at a point mutually agreed to by the Parties. Buyer will take samples by means of an automatic mechanical sampling system to be owned, operated and maintained by Buyer. Buyer shall cause the samples to be transported to a laboratory of Buyer=s choice. Buyer=s laboratory shall participate in round xxxxx testing to verify the accuracy of sample preparation and analysis. If the round xxxxx testing establishes that the laboratory=s sample preparation and analysis is inaccurate, the Parties will agree upon a new laboratory. Each sample shall be processed, split into three equal parts and placed in suitable airtight containers by Buyer or the laboratory. Part one of each sample shall be analyzed by the laboratory at Buyer=s expense. Part two of each sample shall be properly identified and stored at the laboratory for a period of not less than fifteen (15) Business Days for Seller to analyze at its own expense if it so desires. Part three of each sample shall be properly identified and stored for a period of not less than thirty (30) Business Days. The cost of analysis of part three of the sample, if required, shall be borne equally by Buyer and Seller. For deliveries for which a sample is not available or for which a sample is agreed by Buyer and Seller to be incorrect, the weighted average of the immediately preceding three (3) Days= sample analyses which are available shall be utilized.

Sampling and Analysis. All The sampling and analysis will 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 methods approved by ASTM American Society of Testing Materials ("A.S.T.M.") or such alternate written standards and procedures other mutually agreed to by the Partiesspecifications. The quality of Dedicated Lignite or Alternate Fuel delivered to Buyer by Seller Samples for analysis shall be determined by analysis 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 samples taken daily at the Facility by the Buyer at a point mutually agreed to by the Parties. Buyer will take samples by means of an automatic mechanical sampling system to be owned, operated and maintained by Buyer. Buyer shall cause the samples to be transported to a laboratory of Buyer=s choice. Buyer=s laboratory shall participate in round xxxxx testing to verify the accuracy of sample preparation and analysis. If the round xxxxx testing establishes that the laboratory=s sample preparation and analysis is inaccurate, the Parties will agree upon a new laboratorydeliveries made hereunder. Each sample shall be processed, split divided into three equal 3 parts and placed in suitable put into airtight containers by Buyer or the laboratorycontainers, properly labeled and sealed. Part one of each sample One part shall be analyzed used for analysis by the laboratory at Buyer=s expense. Part two of each sample Independent Lab, one part shall be properly identified made available to Buyer as a check sample, if Buyer in its sole judgment determines it is necessary, and stored at the laboratory one part ("Referee Sample") shall be retained for a period of not less than fifteen (15) Business Days for Seller to analyze at its own expense if it so desires30 days. Part three of each sample Buyer shall be properly identified given timely and stored for 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 period of not less than thirty (30) Business Daysrepresentative present to observe the sampling and analysis. The cost of Unless Buyer requests a Referee Sample analysis, the Independent Lab analysis of part three shall be used to determine the quality of the sample, if required, shall be borne equally by Buyer and Seller. For deliveries for which a sample is not available or for which a sample is agreed by Buyer and Seller to be incorrect, the weighted average of the immediately preceding three (3) Days= sample analyses which are available shall be utilizedcoal delivered hereunder.