Common use of Testing and Samples Clause in Contracts

Testing and Samples. a. If Producer knows or has reason to believe that any Ethanol does not comply with Section 9 or may be subject to rejection under Section 10, Producer shall promptly notify Gold so that such Ethanol can be tested by Gold or by an independent laboratory selected by Gold. If Gold knows or has reason to believe that any Ethanol does not comply with Section 9 or may be subject to rejection under Section 10, then Gold may test, or may obtain independent laboratory tests of, such Ethanol. If the test was initiated by Gold pursuant to the preceding sentence and if the Ethanol is tested and found to comply with Section 9 and to not be subject to rejection under Section 10, then Gold shall be responsible for the costs of testing such Ethanol. Producer shall be responsible for all testing costs in all other circumstances. b. Producer will take an origin sample of Ethanol from every truck and railcar loaded with Ethanol at the Plant, using sampling methodology that is consistent with then prevailing industry standards. Producer will label and number the samples to indicate the date of loading and the truck or railcar number, and will retain the samples for a period consistent with industry standards and applicable laws, rules and regulations, but in no event for less than six months. Producer shall make such samples available to Gold upon any request by Gold. Gold has the right to witness the taking of such samples at any time and from time to time.

Testing and Samples. a. If Producer knows or has reason to believe that any Ethanol does not comply with Section 9 or may be subject to rejection under Section 10, Producer shall promptly notify Gold so that such Ethanol can be tested by Gold or by an independent laboratory selected by Gold. If Gold knows or has reason to believe that any Ethanol does not comply with Section 9 or may be subject to rejection under Section 10, then Gold may test, or may obtain independent laboratory tests of, such Ethanol. If the test was initiated by Gold pursuant to the preceding sentence and if the Ethanol is tested and found to comply with Section 9 and to not be subject to rejection under Section 10, then Gold shall be responsible for the costs of testing such Ethanol. Producer shall be responsible for all testing costs in all other circumstances. b. Producer will take an origin sample of Ethanol from every truck and railcar loaded with Ethanol at the Plant, using sampling methodology that is consistent with then prevailing industry standards. Producer will label and number the samples to indicate the date of loading and the truck or railcar number, and will retain the samples for a period consistent with industry standards and applicable laws, rules and regulations, but in no event for less than six months. Producer shall make such samples available to Gold upon any request by Gold. Gold Xxxx has the right to witness the taking of such samples at any time and from time to time.