Common use of Weighing Clause in Contracts

Weighing. The weight of the lignite delivered to SWEPCO from the Mine for use at SWEPCO's Plant shall be determined on scales properly installed on conveyor belts leading from SWEPCO's lignite dumping facilities or by other means mutually agreed upon by SWEPCO and SABINE. SWEPCO shall consult with SABINE as to design, selection and installation of such scale(s), and the parties shall mutually agree as to such matters. The scales shall be maintained and calibrated in accordance with the manufacturer's recommended standards. SWEPCO shall calibrate such scale(s) on a regular basis during the Production Period (not less than monthly) and maintain such scale(s) within design tolerance. SABINE shall have the right to have a representative present at any and all times to observe the testing and calibration of the scale(s). The weight of the Norit Tons shall be determined on scales furnished and maintained by Norit. The weights thus determined shall be accepted as the quantity of lignite delivered under this Agreement and for which invoices are to be rendered and payments made in accordance with Article XII hereof. SABINE shall be given a record of all weight determinations made by SWEPCO and Norit. If either SWEPCO or SABINE at any time questions the accuracy of SWEPCO's scales or the Norit scales, such party may request a prompt test and adjustment of such scales by utilizing a material weight test, the procedures for which the parties shall mutually agree, at the requesting party's expense. If such test reveals error in weight in excess of the manufacturer's specified tolerances, the scale shall be adjusted to an accurate condition, and an appropriate adjustment shall be made in the invoices and payments affected by such inaccuracy; provided, however, no such adjustment shall be for a period in excess of the lesser of (a) one-half of the period since the date that either party first questioned the accuracy of the weights and the date of the last regularly scheduled test of the scales, or (b) three (3) months.

Weighing. All Deliveries: The weighing party shall determine the weight of the lignite Coal delivered to SWEPCO from hereunder at its expense using its rail, truck, or belt scales, as applicable. (A) The accuracy of the Mine for use at SWEPCO's Plant shall be determined on scales properly installed on conveyor belts leading from SWEPCO's lignite dumping facilities or by other means mutually agreed upon by SWEPCO and SABINE. SWEPCO shall consult with SABINE as to design, selection and installation of such weighing party’s rail scale(s), and the parties truck scale(s), or batch weighing system, as applicable, shall mutually agree as be maintained to such matterswithin plus or minus two tenths of one percent (± 0.20%) accuracy. The weighing party's rail scale(s), truck scale(s), or batch weighing system, as applicable, shall be tested and calibrated semiannually by the appropriate certifying agency in accordance with the guidelines outlined in the National Institute of Standards and Technology Handbook #44, or other procedures which shall be mutually acceptable to Seller and Buyer. At the non-weighing party’s request, which may be made from time to time, the weighing party shall inform the non-weighing party of the results of such testing and calibration. It shall be the responsibility of the weighing party to arrange and schedule scale calibrations when required. (B) The accuracy of the weighing party's belt scales shall be maintained to within plus or minus one-quarter of one percent (± 0.25%) accuracy. The weighing party's belt scales shall be tested and calibrated once each month in accordance with the manufacturerguidelines outlined in the National Institute of Standards and Technology Handbook #44 or other procedures which shall be mutually acceptable to Seller and Buyer. At the non-weighing party's recommended standardsrequest, which may be made from time to time, the weighing party shall inform the non-weighing party of the results of such testing and calibration. SWEPCO It shall calibrate such be the responsibility of the weighing party to arrange and schedule scale calibrations when required. (C) If the weighing party’s scales are discovered to be outside of acceptable tolerance ranges (± 0.20% for rail scale(s), truck scales, or batch weighing system, and ± 0.25% for conveyor belt scales), then an appropriate adjustment will be made to the tonnage and invoiced retroactively to the date of the most recent calibration or thirty (30) on a regular basis during calendar days prior to the Production Period calibration which was found in error, whichever is later. (not less than monthlyD) and maintain such scale(s) within design tolerance. SABINE Buyer shall have the right no obligation to have a representative present at pay for any and all times to observe the testing and calibration of the scale(s). The weight of the Norit Tons shall be determined on scales furnished and maintained by Norit. The weights thus determined shall be accepted as the quantity of lignite Coal being delivered under this Agreement and for which invoices are to be rendered and payments made in accordance with Article XII hereof. SABINE shall be given a record of all weight determinations made by SWEPCO and Norit. If either SWEPCO or SABINE at any time questions the accuracy of SWEPCO's scales or the Norit scales, such party may request a prompt test and adjustment of such scales by utilizing a material weight test, the procedures for which the parties shall mutually agree, at the requesting party's expense. If such test reveals error in weight via truck that Buyer determines is in excess of the manufacturer's specified tolerancesmaximum number of Tons of Coal that is legally deliverable to the plant or other consigned destination by such truck at the time of such delivery in accordance with applicable law. (E) If there is no certified belt scale system at the Delivery Point, and if the parties specifically agree that weights shall be determined hereunder by draft survey taken at the Delivery Point, then all such draft surveys to determine weight shall be conducted by an independent surveyor (certified commercial marine surveyor for vessels) experienced in the conduct of draft surveys selected by mutual agreement of the parties. In cases where (i) there is no certified belt scale system at the Delivery Point and a draft survey is not taken at the Delivery Point or (ii) the Delivery Point is the ultimate destination, weights and where available, sampling, shall be determined at the destination by Buyer. (F) Weights determined in accordance with this section shall be deemed accepted as correct (absent manifest error) and shall govern all invoicing and payments hereunder. Unless otherwise specified, the scale costs of weighing shall be adjusted for the account of the weighing party. The weighing party shall notify the other party if its scales are inoperable at any time. (G) Irrespective of which party’s weights govern for payment hereunder, Seller shall properly weigh each Shipment hereunder and report such weights to an accurate conditionBuyer within twenty-four (24) hours after the Coal has been loaded for shipment. Seller’s weights shall be reported to the recipients designated by and in the manner specified by Xxxxx. If Seller’s scales are inoperable, Seller shall notify Buyer. (H) Exclusive of Section 3(E), during any period when weighing party's scales are inoperable then both the determination of the quantities of Coal delivered and an appropriate adjustment the manner for sampling and analysis for such period shall be based on the following order of precedence, as applicable: (i) if the non- weighing party is able to use a scale system that is certified in accordance with the requirements of Section 3(A) above and the non-sampling party has a sampling system that is operable, then the non-weighing party shall become both the weighing party and the sampling and analysis party and the non-weighing party shall weigh the Coal in accordance with the weighing provisions of Section 3 and sample and analyze the Coal in accordance with the sampling and analysis provisions of Section 4, or (ii) if the non-weighing party is not able to use a certified scale system, then determination of the quantities of Coal delivered shall be made in the invoices by a procedure to be established at such time by agreement of Buyer and payments affected by such inaccuracy; provided, however, no such adjustment shall be for a period in excess of the lesser of (a) one-half of the period since the date that either party first questioned the accuracy of the weights and the date of the last regularly scheduled test of the scales, or (b) three (3) monthsSeller.

Weighing. Weighing shall be performed in accordance with the provisions of this Article VIII, Section 8.1. Weights taken in accordance with this Article VIII, Section 8.1 shall be deemed accepted as correct (absent manifest error) and shall govern all invoicing and payments hereunder. (a) The weight of the lignite Coal delivered to SWEPCO from the Mine for use at SWEPCO's hereunder FOB Plant via Belt shall be determined by Buyer as the weighing Party at its expense on Buyer’s conveyor belt scales properly installed on conveyor belts leading from SWEPCO's lignite dumping facilities or by other means mutually agreed upon by SWEPCO and SABINEat Buyer’s unloading facility(ies). SWEPCO shall consult with SABINE as to design, selection and installation of such scale(s), and the parties shall mutually agree as to such matters. The Such scales shall be maintained calibrated once each month to maintain them to within a plus or minus one-quarter of one percent (± 0.25%) accuracy tolerance. At Seller’s request, which Seller may make from time to time, Buyer shall inform Seller of the results of such testing and calibrated calibration. The testing and calibration of such scales shall be accomplished in accordance with the manufacturer's recommended standardsguidelines outlined in NIST Handbook #44 or other procedures which shall be mutually agreeable to Seller and Buyer. SWEPCO During any period when Buyer’s scales are inoperable, determination of the quantities of Coal delivered shall calibrate be made by a procedure to be established at such scale(stime by the mutual agreement of Buyer and Seller. (b) The weight of the Coal delivered hereunder FOB Plant via Truck shall be determined by Buyer as the weighing Party at its expense by use of a truck scale system located at the Designated Delivery Point. The weight of such Shipments shall be consistent with the identified provisions of an applicable transportation contract. Such truck scales shall be calibrated semiannually by the appropriate certifying agency to maintain them to within a plus or minus two-tenths of one percent (± 0.20%) accuracy tolerance. At Seller’s request, which Seller may make from time to time, Buyer shall inform Seller of the results of such testing and calibration. The testing and calibration of such scales shall be accomplished in accordance with the guidelines outlined in NIST Handbook #44 or other procedures which shall be mutually agreeable to Seller and Buyer. During any period when no truck weights are available, determination of the quantities of Coal delivered shall be made by a procedure to be established at such time by the mutual agreement of Buyer and Seller. (c) The weighing Party shall give prompt notice by telephone, electronic means, or facsimile and confirm such notice in writing to the other Party if and when any scales are discovered to be in error beyond the applicable accuracy tolerance provided for in subsections (a) and (b) above. If at any time scales are determined to be in error beyond the applicable accuracy tolerance, an adjustment of the payment to Seller shall be made based on a regular basis the assumption that the condition causing such scales to be in error beyond such limits shall have existed with respect to all Coal unloaded during the Production Period period of thirty (not less than monthly30) calendar days prior to such discovery, or the date of the previous scale calibration, whichever is later. Such adjustment shall be in an amount equal to (i) the difference in the weights as specified in the applicable invoices and maintain such scale(sthe weights that would have been obtained had the scales been accurate (without applying the applicable accuracy tolerance), multiplied by (ii) within design tolerance. SABINE the price per Ton as stated in said invoices. (d) The non-weighing Party shall have the right right, but not the duty, to have a representative present at any and all times to observe the testing and calibration determination of weights; however, the scale(s). The weight of weighing Party shall not be obligated to notify the Norit Tons shall be determined on scales furnished and maintained by Norit. The weights thus determined shall be accepted as the quantity of lignite delivered under this Agreement and for which invoices are non-weighing Party to be rendered and payments made in accordance with Article XII hereof. SABINE shall be given a record of all weight determinations made by SWEPCO and Noritpresent. If either SWEPCO or SABINE the non-weighing Party should at any time questions the accuracy of SWEPCO's scales or the Norit scales, such party may request a prompt test and adjustment of such scales by utilizing a material weight test, the procedures for which the parties shall mutually agree, at the requesting party's expense. If such test reveals error in weight in excess of the manufacturer's specified tolerances, the scale shall be adjusted to an accurate condition, and an appropriate adjustment shall be made in the invoices and payments affected by such inaccuracy; provided, however, no such adjustment shall be for a period in excess of the lesser of (a) one-half of the period since the date that either party first questioned question the accuracy of the weights thus determined, the non-weighing Party shall so advise the weighing Party and confirm the same in writing, and the date of the last regularly scheduled weighing Party shall arrange to test of the scales. If such test shows the scales to be in error, or they shall be adjusted to the required accuracy established above. If such test requested by the non-weighing Party shows the scales to be within the applicable accuracy tolerance established in subsections (a) and (b) three above for the respective scales, then the non-weighing Party shall pay all costs of such test; otherwise, the weighing Party shall pay all such costs. (3e) monthsAny payments due by either Party to the other Party, as a result of adjustment and/or payment of costs made pursuant to this Article VIII, Section 8.1 shall be paid in accordance with Article IV.

Weighing. (a) The weight of the lignite delivered to SWEPCO Owner from the Mine for use at SWEPCO's Plant shall be determined on scales properly installed on conveyor belts leading from SWEPCO's lignite dumping facilities and maintained at the Plant or by other means mutually agreed upon by SWEPCO Owner and SABINEContractor. SWEPCO Owner shall consult with SABINE Contractor as to design, selection and installation of such scale(s), and the parties Parties shall mutually agree as to such matters. The scales shall be maintained and calibrated in accordance with the manufacturer's ’s recommended standards. SWEPCO Owner shall calibrate such scale(s) on a regular basis during the Production Period (not less Jess than monthlyMonthly) and maintain such scale(s) within design tolerance. SABINE Contractor shall have the right to have a representative present at any and all times to observe the testing and calibration of the scale(s). (b) The weights determined pursuant to Section 12.2(a) shall be used to determine the total Tons of lignite delivered each Month under this Agreement. The weight total Tons of the Norit Tons shall be determined on scales furnished and maintained by Norit. The weights thus lignite delivered to Owner each Month so determined shall be accepted as the quantity of lignite delivered under this Agreement and for which invoices are to be rendered and payments made in accordance with Article XII hereof. SABINE Section 11. (c) Contractor shall be given a record of all weight determinations made by SWEPCO and NoritOwner. Owner shall perform a materials weight test at least every two (2) Years at Owner’s cost. If either SWEPCO or SABINE Party at any time questions the accuracy of SWEPCO's scales or the Norit Owner’s scales, such party Party may request a prompt test and adjustment of such scales by utilizing a material materials weight test, the procedures for which the parties Parties shall mutually agree. The Party requesting such materials weight test shall pay all costs of any such materials weight test unless the scale is found to be in error in excess of the manufacturer’s accuracy tolerances. If the scale is found to be in error, at Owner shall pay all costs of the requesting party's expensetest regardless of which Party requested such test. If Contractor requests a materials weight test and the scales are found to be within the manufacturer’s accuracy tolerances, Contractor shall pay the costs of such test. Contractor’s costs of such tests shall not be included in the Cost of Production under Section 72(a). If such test reveals error in weight in excess of the manufacturer's ’s specified tolerances, the scale shall be adjusted to an accurate condition, and an appropriate adjustment shall be made in the invoices and payments affected by such inaccuracy; provided, however, that no such adjustment shall be for a period in excess of the lesser of (a) one-half (l /2) of the period since ending on the date that either party Party first questioned the accuracy of the weights and beginning on the date of the last regularly scheduled test of the scales, or (b) three (3) months.

Weighing. The weight of the lignite delivered to SWEPCO from the Mine for use at SWEPCO's ’s Plant shall be determined on scales properly installed on conveyor belts leading from SWEPCO's lignite dumping facilities or by other means mutually agreed upon by SWEPCO and SABINE. SWEPCO shall consult with SABINE as to design, selection and installation of such scale(s), and the parties shall mutually agree as to such matters. The scales shall be maintained and calibrated in accordance with the manufacturer's ’s recommended standards. SWEPCO shall calibrate such scale(s) on a regular basis during the Production Period (not less than monthly) and maintain such scale(s) within design tolerance. SABINE shall have the right to have a representative present at any and all times to observe the testing and calibration of the scale(s). The weight of the Norit Tons shall be determined on scales furnished and maintained by Norit. The weights thus determined shall be accepted as the quantity of lignite delivered under this Agreement and for which invoices are to be rendered and payments made in accordance with Article XII hereof. SABINE shall be given a record of all weight determinations made by SWEPCO and Norit. If either SWEPCO or SABINE at any time questions the accuracy of SWEPCO's ’s scales or the Norit scales, such party may request a prompt test and adjustment of such scales by utilizing a material weight test, the procedures for which the parties shall mutually agree, at the requesting party's ’s expense. If such test reveals error in weight in excess of the manufacturer's ’s specified tolerances, the scale shall be adjusted to an accurate condition, and an appropriate adjustment shall be made in the invoices and payments affected by such inaccuracy; provided, however, no such adjustment shall be for a period in excess of the lesser of (a) one-half of the period since the date that either party first questioned the accuracy of the weights and the date of the last regularly scheduled test of the scales, or (b) three (3) months.

Weighing. (a) The weight of the lignite delivered to SWEPCO Buyer from the Mine for use at SWEPCO's Plant shall be determined on scales properly installed utilized by Buyer at the Plant site on conveyor belts leading from SWEPCO's lignite dumping facilities or by other means the Effective Date. If Buyer elects to replace its existing scale, Buyer and Seller shall mutually agreed upon by SWEPCO and SABINE. SWEPCO shall consult with SABINE as agree to the design, selection and installation of such the replacement scale(s), and the parties shall mutually agree as to such matters. . (b) The scales shall be maintained and calibrated in accordance with the manufacturer's recommended standards. SWEPCO , and shall calibrate such scale(s) be calibrated on a regular basis during agreed by the Production Period (not less than monthly) Parties and maintain such scale(s) maintained within design tolerance. SABINE Each Party shall have the right to have a representative present at any and all times to observe the testing and calibration of the scale(s). (c) Seller shall have the right to install a check scale on Buyer's conveyor belt(s) at Seller's expense and, if Seller so installs a check scale, Seller shall be obligated to operate, maintain and calibrate such check scale in accordance with the manufacturer's recommendations and otherwise as agreed by the Parties. (d) The weights determined pursuant to Section 11.3(a) shall be used to determine the total Tons of lignite delivered each Month under this Agreement. The weight total Tons of the Norit Tons shall be determined on scales furnished and maintained by Norit. The weights thus lignite delivered to Buyer each Month so determined shall be accepted as the quantity of lignite delivered under this Agreement and for which invoices are to be rendered and payments made in accordance with Article XII hereof. SABINE Section 8. (e) Seller shall be given a record of all weight determinations made by SWEPCO Buyer. Buyer shall perform an initial materials weight test within one Year of the Production Date and Noritthereafter shall perform materials weight tests at least every five Years, and shall directly pay the costs thereof. If either SWEPCO or SABINE Party at any time questions the accuracy of SWEPCO's scales or the Norit scales, such party Party may request a prompt test and adjustment of such scales by utilizing a material materials weight test, the procedures for which the parties Parties shall mutually agree, at . The Parties shall split all costs of any such materials weight test unless the requesting partyscale is found to be in error in excess of the manufacturer's expenseaccuracy tolerances. If such the scale is found to be in error, the Party owning/maintaining the scale shall pay all costs of the test. If a test reveals error in weight in excess of the manufacturer's specified tolerances, the scale shall be adjusted to an accurate condition, and an appropriate retroactive adjustment shall be made in the invoices and payments affected by such inaccuracy; provided, however, no such adjustment shall be made for a period in excess of the lesser of (ai) one-one half (1/2) of the period since the date that either party Party first questioned the accuracy of the weights and the date of the last regularly scheduled test of the scales, or (bii) three (3) monthsMonths.

Weighing. (a) The weight of the lignite delivered to SWEPCO Buyer from the Mine for use at SWEPCO's Plant shall be determined on scales properly installed utilized by Buyer at the Plant site on conveyor belts leading from SWEPCO's lignite dumping facilities or by other means the Effective Date. If Buyer elects to replace its existing scale, Buyer and Seller shall mutually agreed upon by SWEPCO and SABINE. SWEPCO shall consult with SABINE as agree to the design, selection and installation of such the replacement scale(s), and the parties shall mutually agree as to such matters. . (b) The scales shall be maintained and calibrated in accordance with the manufacturer's ’s recommended standards. SWEPCO , and shall calibrate such scale(s) be calibrated on a regular basis during agreed by the Production Period (not less than monthly) Parties and maintain such scale(s) maintained within design tolerance. SABINE Each Party shall have the right to have a representative present at any and all times to observe the testing and calibration of the scale(s). (c) Seller shall have the right to install a check scale on Buyer’s conveyor belt(s) at Seller’s expense and, if Seller so installs a check scale, Seller shall be obligated to operate, maintain and calibrate such check scale in accordance with the manufacturer’s recommendations and otherwise as agreed by the Parties. (d) The weights determined pursuant to Section 11.3(a) shall be used to determine the total Tons of lignite delivered each Month under this Agreement. The weight total Tons of the Norit Tons shall be determined on scales furnished and maintained by Norit. The weights thus lignite delivered to Buyer each Month so determined shall be accepted as the quantity of lignite delivered under this Agreement and for which invoices are to be rendered and payments made in accordance with Article XII hereof. SABINE Section 8. (e) Seller shall be given a record of all weight determinations made by SWEPCO Buyer. Buyer shall perform an initial materials weight test within one Year of the Production Date and Noritthereafter shall perform materials weight tests at least every five Years, and shall directly pay the costs thereof. If either SWEPCO or SABINE Party at any time questions the accuracy of SWEPCO's scales or the Norit scales, such party Party may request a prompt test and adjustment of such scales by utilizing a material materials weight test, the procedures for which the parties Parties shall mutually agree, at . The Parties shall split all costs of any such materials weight test unless the requesting party's expensescale is found to be in error in excess of the manufacturer’s accuracy tolerances. If such the scale is found to be in error, the Party owning/maintaining the scale shall pay all costs of the test. If a test reveals error in weight in excess of the manufacturer's ’s specified tolerances, the scale shall be adjusted to an accurate condition, and an appropriate retroactive adjustment shall be made in the invoices and payments affected by such inaccuracy; provided, however, no such adjustment shall be made for a period in excess of the lesser of (ai) one-one half (1/2) of the period since the date that either party Party first questioned the accuracy of the weights and the date of the last regularly scheduled test of the scales, or (bii) three (3) monthsMonths.