Weighing. The weights of coal delivered hereunder shall be determined by the use of certified scales maintained by the railroad transporting the coal to Seller's barge or vessel loading facility. Seller shall arrange with the transporting railroad to weigh the coal pursuant to a procedure developed by Seller and the railroad and approved by Keystone. Seller and Keystone may be present during such weighings, and the railroad weights shall be final and binding on both Seller and Keystone. In the event Seller installs certified scales which meet the railroad's requirements and the railroad no longer weighs Seller's shipments to Keystone, the weights of coal delivered hereunder shall be determined by the use of Seller's certified scales so long as Seller weighs the coal pursuant to a procedure approved by Keystone which approval shall not be unreasonably withheld. The weights that are determined in the manner set forth above will be binding on both Keystone and Seller.
Appears in 4 contracts
Samples: Supply Agreement (International Coal Group, Inc.), Supply Agreement (Simba Group Inc), Supply Agreement (International Coal Group, Inc.)
