Sieve Analysis to Determine Gradation Content of Washed Wet Sand Sample Clauses

Sieve Analysis to Determine Gradation Content of Washed Wet Sand. Seller shall test part #1, and SSS shall have a right to test part # 2, for gradation in accordance with ASTM C 136 (Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates) (“Sieve Analysis”). The reduced samples are each dried to a constant mass and then weighed. The sample masses shall each be recorded and each sample shall be placed into separate sets of nested sieves of the following sizes (or any other applicable sizes): #8, #16, #20, #30, #35, #40, #00, #00, #00, #00, #00, #000, #000, #000, Xxx The nested stack of sieves are placed in a mechanical shaker, ensuring that no individual sieve is overloaded, and allowing the part #1 and part #2 samples to shake so that after completion, not more than 1% by mass of the part #1 and part #2 samples retained on any individual sieve will pass after hand shaking according to ASTM C 136. Individual weights of the part #1 and part #2 samples retained on each sieve are then weighed and recorded. Percent passing is then to be calculated based on the test data and compared to any applicable specifications. If either Party disputes the other Party’s Sieve Analysis, that Party shall be entitled during the twenty (20) day period set forth in Section 1.3.2 to receive upon request one part of the remaining such samples for purposes of testing and analysis. The received sample shall be tested by SSS according to the above standards. After such testing (Test #3), if the results are still in dispute by either Party, part #4 of such sample shall be analyzed by an independent third party testing laboratory agreed upon by Seller and SSS (the “Alternate Testing Lab”) in accordance with ASTM standards. The results of the analysis by the Alternate Testing Lab shall be binding upon the Parties with respect to such sample. The costs of analysis by the Alternate Testing Lab with respect to a particular sample shall be borne by: (a) the Party initiating the dispute as to the results of the Test #3 analysis of such sample, if the Alternate Testing Lab’s results with respect to such sample were equivalent to or more favorable to the non-initiating Party than the Test #3 results with respect to such sample; or (b) the non-initiating Party, if the Alternate Testing Lab’s results with respect to such sample were more favorable to the initiating Party than the Test #3 results with respect to such sample.
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