Common use of Testing and Repair of Equipment Clause in Contracts

Testing and Repair of Equipment. 1. Company shall keep its own measuring equipment accurate and in repair, making periodic tests to verify the condition of meter tubes, orifice plate, and chart recorder or flow computer. Company agrees to give Shipper(s) seven (7) calendar days notice prior to such tests of the measuring equipment so that, if desired, Shipper(s) may have its representative present. Shipper(s) shall have the right to challenge the accuracy of Company’s equipment, and when challenged, the equipment shall be tested, calibrated and, if required, repaired by Company, the cost of such special test to be borne by Company if the percentage of the inaccuracy is found to be more than two percent (2%), but if the percentage of inaccuracy is found to be two percent (2%) or less, the cost of such special test shall be borne by the Shipper(s). If upon any test the percentage of inaccuracy is found to be in excess of two percent (2%), registrations thereof shall be corrected for a period extending back to the time such inaccuracy occurred, if such time is ascertainable, and if not ascertainable, then back one-half (1/2) of the time elapsed since the last date of calibration. Any measuring equipment found to be measuring inaccurately by one percent (1%) or more shall be adjusted at once to read accurately. 2. If, for any reason, the meter(s) are out of service or out of repair so that the amount of gas received or delivered cannot be ascertained or computed from the readings thereof, the gas received or delivered during the period such meter(s) are out of service or out of repair shall be estimated and agreed upon by the parties hereto by the use of the first applicable of the following methods: (a) By comparative utilization of any like check measuring equipment if such check measuring equipment can be proven and verified to be measuring accurately; or (b) By computing the error if the percentage of error is ascertainable by calibration, test or mathematical calculation; or (c) By estimating the quantity received or delivered by reference to actual receipts or deliveries during preceding periods under similar conditions when Company’s measuring equipment was registering accurately.

Testing and Repair of Equipment. 1. Company Bay Gas shall keep its own measuring equipment accurate and in repair, making periodic tests to verify the condition of meter tubes, orifice plate, and chart recorder or flow computer. Company Bay Gas agrees to give Shipper(s) seven (7) calendar days notice prior to such tests of the measuring equipment so that, if desired, Shipper(s) may have its representative present. Shipper(s) shall have the right to challenge the accuracy of Company’s Bay Gas' equipment, and when challenged, the equipment shall be tested, calibrated and, if required, repaired by CompanyBay Gas, the cost of such special test to be borne by Company Bay Gas if the percentage of the inaccuracy is found to be more than two percent (2%), but if the percentage of inaccuracy is found to be two percent (2%) or less, the cost of such special test shall be borne by the Shipper(s). If upon any test the percentage of inaccuracy is found to be in excess of two percent (2%), registrations thereof shall be corrected for a period extending back to the time such inaccuracy occurred, if such time is ascertainable, and if not ascertainable, then back one-half (1/2) of the time elapsed since the last date of calibration. Any measuring equipment found to be measuring inaccurately by one percent (1%) or more shall be adjusted at once to read accurately. 2. If, for any reason, the meter(s) are out of service or out of repair so that the amount of gas received or delivered cannot be ascertained or computed from the readings thereof, the gas received or delivered during the period such meter(s) are out of service or out of repair shall be estimated and agreed upon by the parties hereto by the use of the first applicable of the following methods: (a) By comparative utilization of any like check measuring equipment if such check measuring equipment can be proven and verified to be measuring accurately; or (b) By computing the error if the percentage of error is ascertainable by calibration, test or mathematical calculation; or (c) By estimating the quantity received or delivered by reference to actual receipts or deliveries during preceding periods under similar conditions when Company’s Bay Gas' measuring equipment was registering accurately.

Testing and Repair of Equipment. 1. Company Bay Gas shall keep its own measuring equipment accurate and in repair, making periodic tests to verify the condition of meter tubes, orifice plate, and chart recorder or flow computer. Company Bay Gas agrees to give Shipper(s) seven (7) calendar days notice prior to such tests of the measuring equipment so that, if desired, Shipper(s) may have its representative present. Shipper(s) shall have the right to challenge the accuracy of Company’s Bay Gas’ equipment, and when challenged, the equipment shall be tested, calibrated and, if required, repaired by CompanyBay Gas, the cost of such special test to be borne by Company Bay Gas if the percentage of the inaccuracy is found to be more than two percent (2%), but if the percentage of inaccuracy is found to be two percent (2%) or less, the cost of such special test shall be borne by the Shipper(s). If upon any test the percentage of inaccuracy is found to be in excess of two percent (2%), registrations thereof shall be corrected for a period extending back to the time such inaccuracy occurred, if such time is ascertainable, and if not ascertainable, then back one-half (1/2) of the time elapsed since the last date of calibration. Any measuring equipment found to be measuring inaccurately by one percent (1%) or more shall be adjusted at once to read accurately. 2. If, for any reason, the meter(s) are out of service or out of repair so that the amount of gas received or delivered cannot be ascertained or computed from the readings thereof, the gas received or delivered during the period such meter(s) are out of service or out of repair shall be estimated and agreed upon by the parties hereto by the use of the first applicable of the following methods: (a) By comparative utilization of any like check measuring equipment if such check measuring equipment can be proven and verified to be measuring accurately; or (b) By computing the error if the percentage of error is ascertainable by calibration, test or mathematical calculation; or (c) By estimating the quantity received or delivered by reference to actual receipts or deliveries during preceding periods under similar conditions when Company’s Bay Gas’ measuring equipment was registering accurately.