Common use of Testing and Samples Clause in Contracts

Testing and Samples. If Agri-Energy knows or has reason to believe that any ethanol or isobutanol sold hereunder does not conform to or satisfy the requirements of Section 9 or may be subject to rejection under Section 10, Agri-Energy shall promptly notify Eco so that such ethanol or isobutanol can be tested before entering the stream of commerce. If Eco knows or has reason to believe that any ethanol or isobutanol does not conform to or satisfy the requirements of Section 9 or may be subject to rejection under Section 10, then Eco shall have Agri-Energy retest the retention samples at the Plant. If Agri-Energy is unable or unwilling to test the retention samples as described [**] - Indicates certain information has been redacted and filed separately with the U.S. Securities and Exchange Commission. Confidential treatment has been requested with respect to the redacted portions. above, Eco may obtain independent laboratory tests of such ethanol. If a test is initiated by Eco pursuant to the preceding sentence and the ethanol is tested and found to comply with Section 9 and to not be subject to rejection, then Eco shall be responsible for the costs of testing such ethanol and/or isobutanol. Agri-Energy shall be responsible for all testing costs in all other circumstances. Agri-Energy will take an origin sample of ethanol and/or isobutanol representative of every truck and rail car loaded at the Plant, using sampling methodology that is consistent with industry standards. Agri-Energy will label the samples to indicate the date of testing and keep records identifying specific units that were loaded from such sample. The samples and identifying records will be retained by Agri-Energy for sixty (60) days. Testing of sulfate levels shall be done on all ethanol produced at this Plant. Upon written request of Eco, Agri-Energy shall deliver to Eco a composite analysis of all ethanol and isobutanol produced at the Plant on a monthly basis, and also at such other times and for such production periods as are reasonably requested by Eco from time to time. The composite analysis shall be in a format reasonably acceptable to Eco and Agri-Energy.

Testing and Samples. If Agri-Energy LWE knows or has reason to believe that any ethanol or isobutanol sold hereunder does not conform to or satisfy the requirements of Section 9 or may be subject to rejection under Section 10Xxxxxxx 00, Agri-Energy XXX shall promptly notify Eco so that such ethanol or isobutanol can be tested before entering the stream of commerce. If Eco knows or has reason to believe that any ethanol or isobutanol does not conform to or satisfy the requirements of Section 9 or may be subject to rejection under Section 10, then Eco shall have Agri-Energy retest the retention samples at the Plant. If Agri-Energy is unable or unwilling to test the retention samples as described [**] - Indicates certain information has been redacted and filed separately with the U.S. Securities and Exchange Commission. Confidential treatment has been requested with respect to the redacted portions. above, Eco may obtain independent laboratory tests of such ethanol. If a test is initiated by Eco pursuant to the preceding sentence and the ethanol is tested and found to comply with Section 9 and to not be subject to rejection, then Eco shall be responsible for the costs of testing such ethanol and/or isobutanolethanol. Agri-Energy LWE shall be responsible for all testing costs in all other circumstances. Agri-Energy LWE will take an origin sample of ethanol and/or isobutanol representative of every truck and rail car loaded each tank certified at the Plant, using sampling methodology that is consistent with industry standards. Agri-Energy LWE will label the samples to indicate the date of testing and keep records identifying specific units that were loaded from such sample. The samples and identifying records will be retained by Agri-Energy LWE for sixty thirty (6030) days. Testing of sulfate levels shall be done on all ethanol produced at this Plant. Upon written request of Eco, Agri-Energy LWE shall deliver to Eco a composite analysis of all ethanol and isobutanol produced at the Plant on a monthly basis, and also at such other times and for such production periods as are reasonably requested by Eco from time to time. The composite analysis shall be in a format reasonably acceptable to Eco and Agri-EnergyLWE.

Testing and Samples. If Agri-Energy HLBE knows or has reason to believe that any ethanol or isobutanol sold hereunder does not conform to or satisfy the requirements of Section 9 10 or may be subject to rejection under Section 1011, Agri-Energy HLBE shall promptly notify Eco so that such ethanol or isobutanol can be tested before entering the stream of commerce. If Eco knows or has reason to believe that any ethanol or isobutanol does not conform to or satisfy the requirements of Section 9 10 or may be subject to rejection under Section 1011, then Eco shall have Agri-Energy retest the retention samples at the Plant. If Agri-Energy is unable or unwilling to test the retention samples as described [**] - Indicates certain information has been redacted and filed separately with the U.S. Securities and Exchange Commission. Confidential treatment has been requested with respect to the redacted portions. above, Eco may obtain independent laboratory tests of such ethanol. If a test is initiated by Eco pursuant to the preceding sentence and the ethanol is tested and found to comply with Section 9 10 and to not be subject to rejection, then Eco shall be responsible for the costs of testing such ethanol and/or isobutanolethanol. Agri-Energy HLBE shall be responsible for all testing costs in all other circumstances. Agri-Energy HLBE will take an origin sample of ethanol and/or isobutanol representative of every truck and rail car loaded at the Plant, using sampling methodology that is consistent with industry standards. Agri-Energy HLBE will label the samples to indicate the date of testing and keep records identifying specific units that were loaded from such sample. The samples and identifying records will be retained by Agri-Energy HLBE for sixty (60) days. Testing of sulfate levels shall be done on all ethanol produced at this Plant. Upon written request of Eco, Agri-Energy Eco HLBE shall deliver to Eco a composite analysis of all ethanol and isobutanol produced at the Plant on a monthly basis, and also at such other times and for such production periods as are reasonably requested by Eco from time to time. The composite analysis shall be in a format reasonably acceptable to Eco and Agri-EnergyHLBE.