Common use of Weighing Sampling and Analysis Clause in Contracts

Weighing Sampling and Analysis. 4.1 The final determination of the actual quantity of coal delivered to Buyer hereunder shall be made by Buyer's weighing of the coal on the truck scales at the Station or any alternate destination designated by Buyer's Agent, or such other method as the parties may mutually agree upon. Buyer shall record such weights in Buyer's transaction receipt and report or weight ticket for each shipment. Absent manifest error, the scale weights recorded in the transaction receipt and report or weight ticket prepared by Buyer shall be controlling as to the quantity of coal delivered. 4.2 Except as otherwise provided in Section 4.5, sampling and analysis of coal delivered pursuant to this Agreement shall be determined by analyses of representative samples collected by Buyer of the coal supplied by Seller, which analyses shall be performed by Buyer's Agent in accordance with methods and standards approved by the American Society for Testing and Materials ("ASTM"), or such other methods and standards as the parties may mutually agree upon. If the results of the analyses performed to determine compliance with the quality specifications set forth in Article 3.0 indicate concentration levels for any specification that are within the precision and bias limits applicable for the ASTM test method utilized, then the coal shall be deemed to comply with such specification. 4.3 Each calendar month during the Term shall be divided into three sample periods. The first period shall be the 1st through the 10th day of the month; the second period the 11th through 20th day of the month; and the third period the 21st through the last day of the calendar month (each such period being referred to herein as a "Sample Period"). Buyer's Agent shall separately determine a weighted average "as-received" analysis of the coal delivered over each Sample Period based on daily samples taken during such Sample Period (calculated as the weighted average results of the daily "as received" analyses and the associated weights of the samples analyzed). As soon as practicable after the end of each Sample Period, Buyer's Agent shall advise Seller in writing of the results of the analysis for such Sample Period. Seller may observe the collection and preparation of samples, and, upon written request of Seller, Buyer shall make available to Seller a representative portion of each daily sample. 4.4 In the event Buyer's Agent designates an alternate destination for any coal supplied by Seller hereunder, then, unless otherwise agreed by the parties, said coal shall be weighed on scales at the alternate destination designated by Buyer's Agent, or by such other method as the parties may mutually agree upon, and shall be sampled and analyzed in accordance with the procedures set forth in Sections 4.2 and 4.3 based on samples taken at such alternate destination. 4.5 In the event of any sale by Buyer of any coal purchased by Buyer hereunder to a Third Party Purchaser, Seller's weights and analyses shall govern for the purpose of determining the quantity of such coal, its compliance with the quality specifications and any adjustments to the purchase price payable by Buyer to Seller based therein, provided such weights and analyses shall be performed in compliance with ASTM methods and standards or such other methods and standards as the parties may agree upon, and shall be subject to Buyer's rights to examine Seller's weight and analysis records and to have a representative present when such weighing, sampling and analyses are performed.

Weighing Sampling and Analysis. 4.1 The final determination of the actual quantity of coal delivered to on the designated mutually transaction Buyer hereunder shall be made by Buyer's weighing of the coal on the truck scales at the Station or any alternate destination designated by Buyer's Agent, or such other method as the parties may mutually agree upon. Buyer shall record such weights in Buyer's transaction receipt and report or weight ticket for each shipment. Absent manifest error, the scale weights recorded in the transaction receipt and report or weight ticket prepared by Buyer shall be controlling as to the quantity of coal delivered. 4.2 Except as otherwise provided in Section 4.5, sampling and analysis of coal delivered pursuant to this Agreement shall be determined by analyses of representative samples collected by Buyer of the coal Buyer's <PAGE> may to in that ASTM with supplied by Seller, which analyses shall be performed by Buyer's Agent in accordance with methods and standards approved by the American Society for Testing and Materials ("ASTM"), or such other methods and standards as the parties may mutually agree upon. If the results of the analyses performed to determine compliance with the quality specifications set forth in Article 3.0 indicate concentration levels for any specification that are within the precision and bias limits applicable for the ASTM test method utilized, then the coal shall be deemed to comply with such specification.. 10th of the the over Sample "as 4.3 Each calendar month during the Term shall be divided into three sample periods. The first period shall be the 1st through the 10th day of the month; the second period the 11th through 20th day of the month; and the third period the 21st through the last day of the calendar month (each such period being referred to herein as a "Sample Period"). Buyer's Agent shall separately determine a weighted average "as-received" analysis of the coal delivered over each Sample Period based on daily samples taken during such Sample Period (calculated as the weighted average results of the daily "as received" analyses and the associated weights of the samples analyzed). As soon as practicable after the end of each Sample Period, Buyer's Agent shall advise Seller in writing of the results request of of the analysis for such Sample Period. Seller may observe the collection and preparation of samples, and, upon written request of Seller, Buyer shall make available to Seller a representative portion of each daily sample.. for agreed other 4.4 In the event Buyer's Agent designates an alternate destination for any coal supplied by Seller hereunder, then, unless otherwise agreed by the parties, said coal shall be weighed on scales at the alternate destination designated by Buyer's Agent, or by such other method as the parties may mutually agree upon, and shall be sampled Sections and analyzed in accordance with the procedures set forth in Sections 4.2 and 4.3 based on samples taken at such alternate destination. 4.5 In the event of any sale by Buyer of any coal purchased by Buyer analyses such based in methods and to and and hereunder to a Third Party Purchaser, Seller's weights and analyses shall govern for the purpose of determining the quantity of such coal, its compliance with the quality specifications and any adjustments to the purchase price payable by Buyer to Seller based therein, provided such weights and analyses shall be performed in compliance with ASTM methods and standards or such other methods and standards as the parties may agree upon, and shall be subject to Buyer's rights to examine Seller's weight and analysis records and to have a representative present when such weighing, sampling and analyses are performed.