Common use of Weights Clause in Contracts

Weights. The weight of the coal delivered hereunder shall be determined on a per shipment basis by Buyer on the basis of scale weights at the generating station(s) unless another method is mutually agreed upon by the parties. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition. Seller shall have the right, at Seller’s expense and upon reasonable notice, to have the scales checked for accuracy at any reasonable time or frequency. If the scales are found to be over or under the tolerance range allowable for the scale based on industry accepted standards, either party shall pay to the other any amounts owed due to such inaccuracy for a period not to exceed thirty (30) days before the time any inaccuracy of scales is determined.

Appears in 5 contracts

Samples: Supply Agreement (Armstrong Coal Company, Inc.), Supply Agreement (Armstrong Energy, Inc.), Supply Agreement (Armstrong Resource Partners, L.P.)

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Weights. The weight of the coal delivered hereunder shall be determined on a per shipment basis by Buyer on the basis of scale weights at the generating station(s) unless another method is mutually agreed upon by the parties. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition. Seller shall have the right, at Seller’s 's expense and upon reasonable notice, to have the scales checked for accuracy at any reasonable time or frequency. If the scales are found to be over or under the tolerance range allowable for the scale based on industry accepted standards, either party shall pay to the other any amounts owed due to such inaccuracy for a period not to exceed thirty (30) days before the time any inaccuracy of scales is determined.

Appears in 4 contracts

Samples: Supply Agreement (Louisville Gas & Electric Co /Ky/), Supply Agreement (Louisville Gas & Electric Co /Ky/), Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)

Weights. The weight of the coal delivered hereunder shall be determined on a per shipment basis by Buyer on the basis of scale weights at the generating station(s) unless another method is mutually agreed upon by the parties. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition. Seller shall have the right, at Seller’s expense and upon reasonable notice, to have the scales checked for accuracy at any reasonable time or frequency. If the scales are found to be over or under the tolerance range allowable for the scale based on industry accepted standards, either party shall pay to the other any amounts owed due to such inaccuracy for a period not to exceed thirty (30) days before the time any inaccuracy of scales is determined.. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009

Appears in 2 contracts

Samples: Supply Agreement (Armstrong Coal Company, Inc.), Supply Agreement (Armstrong Energy, Inc.)

Weights. The weight of the coal delivered hereunder shall be determined on a per shipment basis by Buyer Seller on the basis of scale weights generated at the generating station(s) Delivery Point unless another method is mutually agreed upon by the parties. Such scales shall be duly reviewed by an appropriate testing agency every six (6) months and maintained in an accurate condition. Seller Buyer shall have the right, at Seller’s Buyer's expense and upon reasonable notice, to have the scales checked for accuracy at any reasonable time or frequency. If the scales are found to be over or under the tolerance range allowable for the scale based on industry accepted standards, either party shall pay to the other any amounts owed due to such inaccuracy for a period not to exceed thirty (30) days before the time any inaccuracy of scales is determined.

Appears in 1 contract

Samples: Guaranty Agreement (Louisville Gas & Electric Co /Ky/)

Weights. The weight of the coal delivered hereunder shall be determined on a per shipment basis by Buyer on the basis of scale weights at the generating station(s) unless another method is mutually agreed upon by the parties. Such scales shall be duly reviewed certified by an appropriate testing agency and maintained in an accurate condition. Seller shall have the right, at Seller’s 's expense and upon reasonable notice, to have the scales checked for accuracy at any reasonable time or frequency. If the scales are found to be inaccurate, over or under the tolerance range allowable for the scale based on industry accepted standardsscale, either party shall pay to the other any amounts owed due to such inaccuracy for a period not to exceed thirty (30) days before the time any inaccuracy of scales is determined.

Appears in 1 contract

Samples: Supply Agreement (Louisville Gas & Electric Co /Ky/)

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Weights. The weight of the coal delivered hereunder shall be determined on a per shipment basis by Buyer pBuyer on the basis of scale weights at the generating station(s) unless another method is mutually agreed upon by the parties. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition. Seller shall have the right, at Seller’s expense and upon reasonable notice, to have the scales checked for accuracy at any reasonable time or frequency. If the scales are found to be over or under the tolerance range allowable for the scale based on industry accepted standards, either party shall pay to the other any amounts owed due to such inaccuracy for a period not to exceed thirty sixty (3060) days before the time any inaccuracy of scales is determined.

Appears in 1 contract

Samples: Supply Agreement (Louisville Gas & Electric Co /Ky/)

Weights. The weight of the coal delivered hereunder shall be determined on a per shipment basis by Buyer Seller on the basis of scale weights at the generating station(s) rail loading location unless another method is mutually agreed upon by the parties. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition. Seller Buyer shall have the right, at SellerBuyer’s expense and upon reasonable notice, to have the scales checked for accuracy at any reasonable time or frequency. If the scales are found to be over or under the tolerance range allowable for the scale based on industry accepted standards, either party shall pay to the other any amounts owed due to such inaccuracy for a period not to exceed thirty (30) days before the time any inaccuracy of scales is determined.

Appears in 1 contract

Samples: Guaranty Agreement (Louisville Gas & Electric Co /Ky/)

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