Common use of Weights Clause in Contracts

Weights. 16.1 Coal will be weighed or measured by TVA, Contractor, or independent laboratory technician (using scales or other appropriate method approved by TVA) at the location where samples are collected for payment purposes. Except as specifically provided below, Contractor-provided weights will be used for contract purposes where this contract provides that Contractor samples are used for payment purposes, and TVA’s weights will be used for contract purposes when this contract provides that TVA’s samples are used for payment purposes. When Contractor-provided weights are used, said weights will be reported to TVA by electronic facsimile or as designated by the Contract Administrator for each shipment of coal hereunder. TVA shall have the right to have a representative present, at TVA’s sole risk and expense, at any and all times during TVA loadings to observe determination of weights. Contractor shall notify TVA immediately upon the occurrence of inaccurate weighing or absence of actual weighing. Contractor shall confirm such notification in writing to TVA within seven (7) working days of the date of each such occurrence. Such confirmation shall identify each affected coal shipment by Purchase Order number, line item number, shipping point, traffic control number, shipping date, and car/barge/truck number(s). Contractor’s account shall be adjusted for any coal inaccurately weighed, or not weighed, such adjustment to be made at whatever time such occurrence(s) becomes known to TVA. 16.2 All scales and weighing devices used by Contractor to determine the governing weight of coal shall be certified by the appropriate regulatory authority or a railroad and shall be material tested annually by an independent third party at the Contractor’s expense and the results of such tests provided to TVA within thirty (30) days of receipt of such test results of Contractor. Such scales and weighing devices shall comply with the National Institute of Standards and Technology Handbook 44 and shall be installed, maintained, and operated according to manufacturers’ recommendations. 16.3 If Contractor-provided weights are to be used, and Contractor fails to provide proper weights, TVA weights will be the means by which the weight of coal sold, delivered, and purchased hereunder shall be determined. Contractor shall reimburse TVA for any cost or expense charged to or incurred by TVA as a result of the absence of proper weights from Contractor, and TVA may elect to have TVA’s sampling and analysis govern for quality adjustment purposes as to any coal not properly weighed by Contractor. While TVA may not undertake to weigh all coal received, it may at its option check weigh any coal received. In the event invoiced weights exceed TVA weights by more than one and one-half percent (1.5%), a full material test will be run by both parties with each party responsible for its own cost. The weights that are determined most accurate shall govern. 16.4 Scale tests shall be performed more often than annually if reasonably requested by TVA. TVA shall be responsible for the cost of additional (more than annual) requested tests unless the results thereof show that the scale failed to conform to certification standards, in which event the Contractor shall be responsible for such costs. 16.5 If Contractor’s or TVA’s weighing devices or methods are determined by said independent third party to be in error over 0.5%, an appropriate adjustment shall be made to the affected weights and related invoices and payments reflecting the full extent of the error. Such adjustments shall be made retroactively to a date midway between the date on which the weighing devices were last tested and calibrated and the date on which the inaccuracy in weighing methods or devices was first questioned and prospectively until the date on which the weighing methods and devices are corrected. 16.6 If scales at the applicable mine determine the weight for less than all of the railcars in a single trainload lot, then the average railcar weight for the last three trainload lots to TVA, for trains that contained railcars all of the same capacity as the unweighed cars, shall be determined by dividing the trainload lots’ weight by the number of railcars in the trainload lots. The average railcar weight shall be multiplied by the number of railcars in the unweighed or partially unweighed trainload lot to determine the trainload lot weight.

Weights. 16.1 Coal will a. Unless the parties determine circumstances require determination by other methods, all coal shipped shall be weighed or measured by TVAContractor at origin, Contractor, or independent laboratory technician (using on belt scales or other appropriate method approved by TVA) at the location where samples truck scales which are collected maintained and periodically calibrated for payment purposes. Except accuracy as specifically provided below, Contractor-provided weights will be used for contract purposes where this contract provides that Contractor samples are used for payment purposes, and TVA’s weights will be used for contract purposes when this contract provides that TVA’s samples are used for payment purposes. When Contractor-provided weights are used, said weights will be reported to TVA by electronic facsimile or as designated by the Contract Administrator for each shipment of coal hereunder. TVA shall have the right to have a representative present, at TVA’s sole risk and expense, at any and all times during TVA loadings to observe determination of weightsrequired herein. Contractor shall notify TVA immediately upon the occurrence of inaccurate weighing or absence of actual weighing. Contractor shall confirm such notification in writing to TVA within seven (7) working days of the date of each such occurrence. Such confirmation shall identify each affected coal shipment by Purchase Order number, line item number, shipping point, traffic control number, shipping date, and car/barge/truck number(s)shipment. Contractor’s account shall be adjusted for any coal inaccurately weighed, weighed or not weighed, such adjustment to be made at whatever time such occurrence(s) becomes known to TVA. 16.2 All scales and weighing devices used by Contractor to determine the governing weight of coal shall be certified by the appropriate regulatory authority or a railroad and shall be material tested annually by an independent third party at the Contractor’s expense and the results of such tests provided to TVA within thirty (30) days of receipt of such test results of Contractor. Such scales and weighing devices shall comply with the National Institute of Standards and Technology Handbook 44 and shall be installed, maintained, and operated according to manufacturers’ recommendations. 16.3 If Contractor-provided weights are to be used, and Contractor fails to provide proper weights, TVA weights will be the means by which the weight of coal sold, delivered, and purchased hereunder shall be determined. b. Contractor shall reimburse TVA for any cost perform scale certification tests on its scales at a minimum annually, however, in addition to the annual certification test, Contractor shall perform load tests on its’ scales quarterly or expense charged to or incurred by TVA as a result of the absence of proper weights from Contractor, and TVA may elect to have TVA’s sampling and analysis govern for quality adjustment purposes as to any coal not properly weighed by Contractor. While TVA may not undertake to weigh all coal received, it may at its option check weigh any coal received. In the event invoiced weights exceed TVA weights by more than one and one-half percent (1.5%), a full material test will be run by both parties with each party responsible for its own cost. The weights that are determined most accurate shall govern. 16.4 Scale tests shall be performed more often than annually if reasonably quarterly when requested by TVA. TVA shall be responsible for the cost of additional (more than annual) requested tests unless the results thereof show that the scale failed to conform to certification standards, in which event the Contractor shall be responsible for such costs. 16.5 . The aggregate weights determined during any payment period shall be acceptable as the quantity of coal sold and purchased during such period for which invoices are to be rendered and payments to be made. TVA shall have the right to have a representative present at any and all time during TVA loadings to observe determination of weights. If TVA should at any time question the accuracy of the weights thus determined, TVA shall so advise Contractor and Contractor shall permit TVA’s representatives to test Contractor’s weighing devices or methods. If such tests show the weighing devices to be in error, or if the weighing devices otherwise rare determined to be in error, the weighing devices shall be adjusted to an accurate condition. In the event TVA and Contractor are unable to agree upon such tests and adjustments, or the devices or methods thereof, the weighing devices and methods shall be tested and adjusted to a condition of accuracy by a qualified third party, mutually chosen by TVA and Contractor, and the cost of the testing and adjusting by such third party shall be shared equally by TVA and Contractor. If Contractor’s or TVA’s weighing devices or methods are determined by said independent third party to be in error over 0.5%, an appropriate adjustment shall be made to the affected weights and related invoices and payments reflecting the full extent of the errorpayments. Such adjustments shall be made retroactively to a date midway between the date on which the weighing devices were last tested and calibrated and the date on which the inaccuracy in weighing methods or devices was first questioned and prospectively until the date on which the weighing methods and devices are corrected. 16.6 If c. All scales at the applicable mine determine the weight for less than all of the railcars in a single trainload lot, then the average railcar weight for the last three trainload lots to TVA, for trains that contained railcars all of the same capacity as the unweighed cars, shall be determined used by dividing the trainload lots’ weight by the number of railcars in the trainload lots. The average railcar weight shall be multiplied by the number of railcars in the unweighed or partially unweighed trainload lot Contractor to determine the trainload lot weightgoverning weight of coal shall be maintained and operated in accordance with the National Institute of Stands and Technology Handbook 44.

Weights. 16.1 Coal will a. Unless TVA determines circumstances require determination by other methods, all coal delivered to destination by barge shall be weighed or measured by TVA, Contractoror the blending facility, on belt scales which are maintained and periodically calibrated by TVA or independent laboratory technician (using scales or other appropriate method approved by TVA) at the location where samples are collected third parties for payment purposes. Except as specifically provided below, Contractor-provided weights will be used for contract purposes where this contract provides that Contractor samples are used for payment purposes, and TVA’s weights will be used for contract purposes when this contract provides that TVA’s samples are used for payment purposes. When Contractor-provided weights are used, said weights will be reported to TVA by electronic facsimile or as designated by the Contract Administrator for each shipment of coal hereunder. TVA shall have the right to have a representative present, accuracy. b. Where at TVA’s sole risk and expense's election coal is weighed by Contractor at origin, at any and all times during TVA loadings to observe determination of weights. Contractor shall notify TVA immediately upon the occurrence of inaccurate weighing or absence of actual weighing. Contractor shall confirm certify such notification in writing to TVA within seven (7) working days of the date of each such occurrence. Such confirmation certification shall identify each affected coal shipment by Purchase Order contract number, line item numberbreakdown code, shipping point, traffic control number, shipping date, and car/barge/truck car or barge number(s). Contractor’s 's account shall be adjusted for any coal inaccurately weighed, or not weighed, and by the amount of the carrier's weighing charge in effect at the time of shipment, such adjustment to be made at whatever time such occurrence(s) becomes known to TVA. 16.2 All scales and weighing devices used by Contractor to determine . In the governing weight absence of coal shall be certified by the appropriate regulatory authority or a railroad and shall be material tested annually by an independent third party at the scale weights from Contractor’s expense and the results of such tests provided to , TVA within thirty (30) days of receipt of such test results of Contractor. Such scales and weighing devices shall comply with the National Institute of Standards and Technology Handbook 44 and shall be installed, maintained, and operated according to manufacturers’ recommendations. 16.3 If Contractor-provided weights are to be used, and Contractor fails to provide proper weights, TVA weights will be the mutually agree by what means by which the weight of coal sold, delivered, and purchased delivered hereunder shall be determined. Contractor shall reimburse TVA for any cost or expense charged to or incurred by TVA as a result of the absence of proper appropriate scale weights from Contractor, and TVA may elect to have TVA’s sampling and analysis govern for quality adjustment purposes as to any coal not properly weighed by Contractor. While TVA may not undertake to weigh all coal received, it may at its option option, check weigh any coal received. In the event invoiced billed (invoiced) weights exceed vary from TVA weights by more than one and one-half percent (1.51-1/2%), a full material test TVA's weights will be run by both parties with each party responsible for its own costgovern. The weights that are determined most accurate shall govern. 16.4 Scale If TVA has elected to have Contractor weigh the coal pursuant to Subsection b., scale tests shall be performed quarterly or more often than annually if reasonably quarterly when requested by TVA. TVA shall be responsible for the cost of additional (more than annual) requested tests unless the results thereof show that the scale failed to conform to certification standards, in which event the Contractor shall be responsible for such costs. 16.5 . The aggregate weights determined during any payment period shall be acceptable as the quantity of coal sold and purchased during such period for which invoices are to be rendered and payments to be made. TVA shall have the right to have a representative present at any and all times during TVA loadings to observe determination of weights. If TVA should at any time question the accuracy of the weights thus determined, TVA shall so advise Contractor and Contractor shall permit TVA's representatives to test Contractor's weighing devices or methods. If such tests show the weighing devices to be in error, or if the weighing devices otherwise are determined to be in error, the weighing devices shall be adjusted to an accurate condition. In the event TVA and Contractor are unable to agree upon such tests and adjustments, or the devices or methods thereof, the weighing devices and methods shall be tested and adjusted to a condition of accuracy by a qualified third party, mutually chosen by TVA and Contractor, and the cost of the testing and adjusting by such third party shall be shared equally by TVA and Contractor. If Contractor’s or TVA’s 's weighing devices or methods are determined by said independent third party to be in error over 0.5%, an appropriate adjustment shall be made to the affected weights and related invoices and payments reflecting the full extent of the errorpayments. Such adjustments shall be made retroactively to a date midway between the date on which the weighing devices were last tested and calibrated and the date on which the inaccuracy in weighing methods or devices was first questioned and prospectively until the date on which the weighing methods and devices are corrected. 16.6 If c. All scales at the applicable mine determine the weight for less than all of the railcars in a single trainload lot, then the average railcar weight for the last three trainload lots to TVA, for trains that contained railcars all of the same capacity as the unweighed cars, shall be determined used by dividing the trainload lots’ weight by the number of railcars in the trainload lots. The average railcar weight shall be multiplied by the number of railcars in the unweighed or partially unweighed trainload lot Contractor to determine the trainload lot weightgoverning weight of coal shall be maintained and operated in accordance with the National Institute of Standards and Technology Handbook 44.

Weights. 16.1 Coal will be weighed or measured by TVA, Contractor, or independent laboratory technician (using scales or other appropriate method approved by TVA) at the location where samples are collected for payment purposes. Except as specifically provided below, Contractor-provided weights will be used for contract purposes where this contract provides that Contractor samples are used for payment purposes, and TVA’s weights will be used for contract purposes when this contract provides that TVA’s samples are used for payment purposes. When Contractor-provided weights are used, said weights will be reported to TVA by electronic facsimile or as designated by the Contract Administrator for each shipment of coal hereunder. TVA shall have the right to have a representative present, at TVA’s sole risk and expense, at any and all times during TVA loadings to observe determination of weights. Contractor shall notify TVA immediately upon the occurrence of inaccurate weighing or absence of actual weighing. Contractor shall confirm such notification in writing to TVA within seven (7) working days of the date of each such occurrence. Such confirmation shall identify each affected coal shipment by Purchase Order number, line item number, shipping point, traffic control number, shipping date, and car/barge/truck number(s). Contractor’s account shall be adjusted for any coal inaccurately weighed, or not weighed, such adjustment to be made at whatever time such occurrence(s) becomes known to TVA. 16.2 All scales and weighing devices used by Contractor to determine the governing weight of coal shall be certified by the appropriate regulatory authority or a railroad and shall be material tested annually by an independent third party at the Contractor’s expense and the results of such tests provided to TVA within thirty (303) days of receipt of such test results of Contractor. Such scales and weighing devices shall comply with the National Institute of Standards and Technology Handbook 44 and shall be installed, maintained, and operated according to manufacturers’ recommendations. 16.3 If Contractor-provided weights are to be used, and Contractor fails to provide proper weights, TVA weights will be the means by which the weight of coal sold, delivered, and purchased hereunder shall be determined. Contractor shall reimburse TVA for any cost or expense charged to or incurred by TVA as a result of the absence of proper weights from Contractor, and TVA may elect to have TVA’s sampling and analysis govern for quality adjustment purposes as to any coal not properly weighed by Contractor. While TVA may not undertake to weigh all coal received, it may at its option check weigh any coal received. In the event invoiced weights exceed TVA weights by more than one and one-half percent (1.5%), a full material test will be run by both parties with each party responsible for its own cost. The weights that are determined most accurate shall govern. 16.4 Scale tests shall be performed more often than annually if reasonably requested by TVA. TVA shall be responsible for the cost of additional (more than annual) requested tests unless the results thereof show that the scale failed to conform to certification standards, in which event the Contractor shall be responsible for such costs. 16.5 If Contractor’s or TVA’s weighing devices or methods are determined by said independent third party to be in error over 0.5%, an appropriate adjustment shall be made to the affected weights and related invoices and payments reflecting the full extent of the error. Such adjustments shall be made retroactively to a date midway between the date on which the weighing devices were last tested and calibrated and the date on which the inaccuracy in weighing methods or devices was first questioned and prospectively until the date on which the weighing methods and devices are corrected. 16.6 If scales at the applicable mine determine the weight for less than all of the railcars in a single trainload lot, then the average railcar weight for the last three trainload lots to TVA, for trains that contained railcars all of the same capacity as the unweighed cars, shall be determined by dividing the trainload lots’ weight by the number of railcars in the trainload lots. The average railcar weight shall be multiplied by the number of railcars in the unweighed or partially unweighed trainload lot to determine the trainload lot weight.

Weights. 16.1 Coal will be weighed or measured by TVA, Contractor, or independent laboratory technician (using scales or other appropriate method approved by TVA) at the location where samples are collected for payment purposes. Except as specifically provided below, Contractor-provided weights will be used for contract Contract purposes where this contract Contract provides that Contractor samples are used for payment purposes, and TVA’s weights will be used for contract Contract purposes when this contract Contract provides that TVA’s samples are used for payment purposes. When Contractor-provided weights are used, said weights will be reported to TVA by electronic facsimile or as designated by the Contract Administrator Management Specialist for each shipment of coal hereunder. TVA shall have the right to have a representative present, at TVA’s sole risk and expense, at any and all times during TVA loadings to observe determination of weights. Contractor shall notify TVA immediately upon the occurrence of inaccurate weighing or absence of actual weighing. Contractor shall confirm such notification in writing to TVA within seven (7) working days of the date of each such occurrence. Such confirmation shall identify each affected coal shipment by Purchase Order number, line item number, shipping point, traffic control number, shipping date, and car/barge/truck number(s). Contractor’s account shall be adjusted for any coal inaccurately weighed, or not weighed, ; such adjustment to be made at whatever time times such occurrence(s) becomes known to TVA. 16.2 All scales and weighing devices used by Contractor to determine the governing weight of coal shall be certified by the appropriate regulatory authority or a railroad and shall be material tested annually by an independent third party at the Contractor’s expense and the results of such tests provided to TVA within thirty (303) days of receipt of such test results of Contractor. Such scales and weighing devices shall comply with the National Institute of Standards and Technology Handbook 44 and shall be installed, maintained, and operated according to manufacturers’ recommendations.. In addition, Contractor shall conduct zero-load tests and simulated load or material tests at periodic intervals but no less frequently than once per year between official tests and after a repair or mechanical adjustment to the belt conveyor system in order to provide reasonable assurance that the scale is performing correctly 16.3 If Contractor-provided weights are to be used, and Contractor fails to provide proper weights, TVA weights will be the means by which the weight of coal sold, delivered, and purchased hereunder shall be determined. Contractor shall reimburse TVA for any cost or expense charged to or incurred by TVA as a result of the absence of proper weights from Contractor, and TVA may elect to have TVA’s sampling and analysis govern for quality adjustment purposes as to any coal not properly weighed by Contractor. While TVA may not undertake to weigh all coal received, it may at its option check weigh any coal received. In the event invoiced weights exceed TVA weights by more than one and one-half percent (1.5%), a full material test will be run by both parties Parties with each party responsible for its own cost. The weights that are determined most accurate shall govern. 16.4 Scale tests shall be performed more often than annually if reasonably requested by TVA. TVA shall be responsible for the cost of additional (more than annual) requested tests unless the results thereof show that the scale failed to conform to certification standards, in which event the Contractor shall be responsible for such costs. 16.5 If Contractor’s or TVA’s weighing devices or methods are determined by said independent third party to be in error over 0.5%, an appropriate adjustment shall be made to the affected weights and related invoices and payments reflecting the full extent of the error. Such adjustments shall be made retroactively to a date midway between the date on which the weighing devices were last tested and calibrated and the date on which the inaccuracy in weighing methods or devices was first questioned and prospectively until the date on which the weighing methods and devices are corrected. 16.6 If scales at the applicable mine determine the weight for less than all of the railcars in a single trainload lot, then the average railcar weight for the last three trainload lots to TVA, for trains that contained railcars all of the same capacity as the unweighed cars, shall be determined by dividing the trainload lots’ weight by the number of railcars in the trainload lots. The average railcar weight shall be multiplied by the number of railcars in the unweighed or partially unweighed trainload lot to determine the trainload lot weight.

Weights. 16.1 Coal will be weighed or measured by TVA, ContractorAlliance, or independent laboratory technician (using scales or other appropriate method approved by TVA) at the location where samples are collected for payment purposes. Except as specifically provided below, ContractorAlliance-provided weights will be used for contract purposes where this contract provides that Contractor Alliance samples are used for payment purposes, and TVA’s weights will be used for contract purposes when this contract provides that TVA’s samples are used for payment purposes. When ContractorAlliance-provided weights are used, said weights weight will be reported to TVA by electronic facsimile or as designated by the Contract Administrator for each shipment of coal hereunder. TVA shall have the right to have a representative present, at TVA’s sole risk and expense, at any and all times and without the necessity of providing prior notice to Alliance, during TVA loadings to observe determination of weights. Contractor Alliance shall notify TVA immediately upon the occurrence of inaccurate weighing or absence of actual weighing. Contractor Alliance shall confirm such notification in writing to TVA within seven (7) working days of the date of each such occurrence. Such confirmation shall identify each affected coal shipment by Purchase Order contract number, line item Release number, shipping point, traffic control number, shipping date, and car/barge/truck number(s). ContractorAlliance’s account shall be adjusted for any coal inaccurately weighed, or not weighed, such adjustment to be made at whatever time such occurrence(s) becomes known to TVA. 16.2 . All scales and weighing devices used by Contractor Alliance to determine the governing weight of coal shall be certified by the appropriate regulatory authority or a railroad and shall be material tested annually by an independent third party at the ContractorAlliance’s expense and the results of such tests provided to TVA within thirty (30) days of receipt of such test results of Contractorexpense. Such scales and weighing devices shall comply with the National Institute of Standards and Technology Handbook 44 and shall be installed, maintained, and operated according to manufacturers’ recommendations. 16.3 . If ContractorAlliance-provided weights are to be used, and Contractor Alliance fails to provide proper weights, TVA weights will be the means by which the weight of coal sold, delivered, and purchased hereunder shall be determined. Contractor Alliance shall reimburse TVA for any cost or expense charged to or incurred by TVA as a result of the absence of proper weights from ContractorAlliance, and TVA may elect to have TVA’s sampling and analysis govern for quality adjustment purposes as to any coal not properly weighed by ContractorAlliance. While TVA may not undertake to weigh all coal received, it may at its option check weigh any coal received. In the event invoiced weights exceed TVA weights by more than one and one-half percent (1.5%)) per month, a full material test TVA’s weights will be run by both parties with each party responsible for its own costgovern. The weights that are determined most accurate shall govern. 16.4 Scale tests shall be performed more often than annually if reasonably requested by TVA. TVA shall be responsible for the cost of additional (more than annual) requested tests unless the results thereof show that the scale failed to conform to certification standards, in which event the Contractor Alliance shall be responsible for such costs. 16.5 . If Contractor’s or TVAAlliance’s weighing devices or methods are determined by said independent third party to be in error over 0.5%, an appropriate adjustment shall be made made, either upward or downward, to the affected weights and related invoices and payments reflecting the full extent of the errorpayments. Such adjustments shall be made retroactively to a date midway between the date on which the weighing devices were last tested and calibrated and the date on which the inaccuracy in weighing methods or devices was first questioned and prospectively until the date on which the weighing methods and devices are corrected. 16.6 . If scales at the applicable mine determine the weight for less than all of the railcars in a single trainload lot, then the average railcar weight for the last three trainload lots to TVA, for trains that contained railcars all of the same capacity as the unweighed cars, shall be determined by dividing the trainload lots’ weight by the number of railcars in the trainload lots. The average railcar weight shall be multiplied by the number of railcars in the unweighed or partially unweighed trainload lot to determine the trainload lot weight.

Weights. 16.1 Coal (a) In the event that coal is delivered from the Marrowbone loadout at Naugatuck, West Virginia, Sellers will determine the weight of coal delivered under this Agreement by means of electronic belt scales located at the mine site, provided and operated by Sellers and approved by the railroad. The loaded weight will be weighed or measured by TVA, Contractor, or independent laboratory technician (using scales or other appropriate method approved by TVA) at determined for each train for each loading and such weight shall be the location where samples are collected basis for payment purposesby Buyers. Except as specifically provided belowSellers shall test and calibrate such scales at thirty (30) day intervals to maintain them at a trainload accuracy within plus or minus 0.5 percent through the use of calibration techniques acceptable to Sellers, Contractor-provided weights Buyer, and the railroad. Testing, calibration, and certification of the scales will be used for contract purposes where this contract provides that Contractor samples are used for payment purposesunder the jurisdiction of the railroad and the applicable state agency. Sellers shall promptly provide Buyer with a copy of the results of all scale testing, calibrations, and TVA’s weights will certifications. (b) Sellers shall give immediate notice by telephone or facsimile, and confirm such notice in writing to both Buyer and the railroad, if and when Sellers discover that the weighing facilities have become inoperable or are discovered to be used for contract purposes in error beyond the limits mentioned above. During any period when this contract provides that TVA’s samples such weighing facilities are used for payment purposes. When Contractor-provided weights are usedinoperable or in error, said weights will be reported to TVA by electronic facsimile or as designated by determination of the Contract Administrator for each shipment quantities of coal hereunder. TVA delivered shall be made by a procedure to be established by Buyer, Sellers, and the railroad. (c) Buyer shall have the right to have a representative present, at TVA’s sole risk and expense, present at any and all times during TVA loadings to observe the determination of weights. Contractor If Buyer should at any time question the accuracy of the weights thus determined, Buyer shall notify TVA immediately upon the occurrence of inaccurate weighing or absence of actual weighing. Contractor shall so advise Sellers, and confirm such notification advice in writing to TVA within seven (7) working days of the date of each such occurrence. Such confirmation shall identify each affected coal shipment by Purchase Order number, line item number, shipping point, traffic control number, shipping datewriting, and car/barge/truck number(s)Sellers shall arrange to test the weighing devices or methods. Contractor’s account If such tests show the weighing devices to be in error, they shall be adjusted for any to the required accuracy as mutually agreed upon by Buyer and Sellers, in accordance with generally accepted calibration techniques used in the coal inaccurately weighed, or not weighed, such adjustment to be made at whatever time such occurrence(s) becomes known to TVAand railroad industries. 16.2 All scales and (d) If the weighing devices used by Contractor to determine the governing weight of coal shall be certified by the appropriate regulatory authority or a railroad and shall be material tested annually by an independent third party at the Contractor’s expense and the results of such tests provided to TVA within thirty (30) days of receipt of such test results of Contractor. Such scales and weighing devices shall comply with the National Institute of Standards and Technology Handbook 44 and shall be installed, maintained, and operated according to manufacturers’ recommendations. 16.3 If Contractor-provided weights are to be used, and Contractor fails to provide proper weights, TVA weights will be the means by which the weight of coal sold, delivered, and purchased hereunder shall be determined. Contractor shall reimburse TVA for any cost or expense charged to or incurred by TVA as a result of the absence of proper weights from Contractor, and TVA may elect to have TVA’s sampling and analysis govern for quality adjustment purposes as to any coal not properly weighed by Contractor. While TVA may not undertake to weigh all coal received, it may at its option check weigh any coal received. In the event invoiced weights exceed TVA weights by more than one and one-half percent (1.5%), a full material test will be run by both parties with each party responsible for its own cost. The weights that are determined most accurate shall govern. 16.4 Scale tests shall be performed more often than annually if reasonably requested by TVA. TVA shall be responsible for the cost of additional (more than annual) requested tests unless the results thereof show that the scale failed to conform to certification standards, in which event the Contractor shall be responsible for such costs. 16.5 If Contractor’s or TVA’s weighing devices or methods are determined by said independent third party to be in error over 0.5%, beyond the limits as set forth in Paragraph 2.1 (a) an appropriate adjustment shall be made to the affected in weights and related invoices and payments reflecting the full extent of the error. Such adjustments payments; provided, however, that no such adjustment shall be made retroactively retroactive for a period in excess of thirty (30) days prior to a date midway between the date on which that Buyer first questioned Sellers about the accuracy of the weighing devices were last tested and calibrated and or methods, or thirty (30) days prior to the date on which discovery of the inaccuracy in weighing methods or devices was first questioned and prospectively until the date on which of the weighing methods and devices are correctedif the inaccuracy is discovered upon a regularly scheduled testing. 16.6 If scales at (e) In the applicable mine determine event Sellers elect to supply coal to Buyer from sources other than Marrowbone, the weight for less than all of the railcars coal in a single trainload lot, then the average railcar weight for the last three trainload lots to TVA, for trains that contained railcars all of the same capacity as the unweighed cars, each shipment shall be determined in accordance with Buyer's transportation contract with the railroad, any amendments thereto, or any new agreements between Buyer and the railroad for the transportation of coal hereunder. Sellers shall have the right, but not the obligation, to weigh such coal at Seller's loading facilities as long as such weights are determined by dividing the trainload lots’ weight scales and in accordance with policies and procedures approved by the number railroad. Sellers shall reimburse Buyer for any and all costs associated with the weighing of railcars in such coal charged by the trainload lotsrailroad to Buyer. The average railcar weight Weights so determined shall be multiplied accepted by the number parties for purposes of railcars in the unweighed or partially unweighed trainload lot to determine the trainload lot weight.payment hereunder

Weights. 16.1 Coal All costs associated with weighing the Biomass Fuel shall be borne by Buyer. The weight of the Biomass Fuel sold and delivered hereunder shall be determined from Buyer's scales or scales approved by Buyer. Any scale used to measure the Biomass Fuel shall be maintained and operated in accordance with procedures acceptable to Seller and shall be professionally certified at intervals of no less than six (6) months to be in conformity with the most current, industry accepted Scale Handbook. Buyer shall give immediate notice by telephone to Seller if Buyer's weighing become inoperative or are discovered to be inaccurate. In the absence of scale weights from Buyer, Buyer and Seller will mutually agree upon the means of determining the weight of the Biomass Fuel sold, delivered and purchased hereunder. Such methods as may be mutually agreed upon shall not necessarily be the same as required under the tariff for payment of freight. A net weight will be weighed or measured by TVA, Contractor, or independent laboratory technician (using scales or other appropriate method approved by TVA) at the location where samples are collected for payment purposes. Except as specifically provided below, Contractor-provided weights will be used for contract purposes where this contract provides that Contractor samples are used for payment purposes, determined and TVA’s weights will be used for contract purposes when this contract provides that TVA’s samples are used for payment purposes. When Contractor-provided weights are used, said weights will be reported to TVA by electronic facsimile or as designated by the Contract Administrator Seller for each shipment of coal Biomass Fuel hereunder. TVA The aggregate net weights determined during any payment period shall be accepted as the quantity of biomass fuel sold and purchased during such period for which invoices are to be rendered and payment to be made. Seller shall have the right to have a representative present, at TVA’s sole risk and expense, present at any and all times during TVA loadings to observe the determination of weights. Contractor shall notify TVA immediately upon If Seller should at any time question the occurrence of inaccurate weighing or absence of actual weighing. Contractor shall confirm such notification in writing to TVA within seven (7) working days accuracy of the date of each such occurrenceweights, Seller shall so advise Buyer and Buyer shall permit Seller's representative to test Buyer's weighing devices or methods. Such confirmation shall identify each affected coal shipment by Purchase Order number, line item number, shipping point, traffic control number, shipping date, and car/barge/truck number(s). Contractor’s account shall be adjusted for any coal inaccurately weighed, In the event Buyer's weighing devices or not weighed, such adjustment methods are determined to be made at whatever time such occurrence(s) becomes known to TVA. 16.2 All scales and weighing devices used by Contractor to determine the governing weight of coal shall be certified by the appropriate regulatory authority or a railroad and shall be material tested annually by an independent third party at the Contractor’s expense and the results of such tests provided to TVA in error, within thirty (30) days thereafter, Buyer shall advise Seller of receipt the amount and the estimated duration of such test results of Contractorthe error. Such scales and weighing devices Buyer shall comply with make adjustments to the National Institute of Standards and Technology Handbook 44 and shall be installed, maintained, and operated according to manufacturers’ recommendations. 16.3 If Contractor-provided weights are to be used, and Contractor fails to provide proper weights, TVA weights will be the means by which affected invoices so that the weight of coal sold, delivered, and purchased hereunder shall be determined. Contractor shall reimburse TVA for any cost or expense charged to or incurred is paid by TVA Buyer as a result of the absence of proper weights from Contractor, and TVA may elect to have TVA’s sampling and analysis govern for quality adjustment purposes as to any coal not properly weighed by Contractor. While TVA may not undertake to weigh all coal received, it may at its option check weigh any coal receivedif there had been no error in Buyer's weighing devices. In the event invoiced weights exceed TVA weights by more than one Buyer cannot establish the amount and one-half percent (1.5%), a full material test will be run by both parties with each party responsible for its own cost. The weights that are determined most accurate shall govern. 16.4 Scale tests shall be performed more often than annually if reasonably requested by TVA. TVA shall be responsible for the cost of additional (more than annual) requested tests unless the results thereof show that the scale failed to conform to certification standards, in which event the Contractor shall be responsible for such costs. 16.5 If Contractor’s or TVA’s weighing devices or methods are determined by said independent third party to be in error over 0.5%, an appropriate adjustment shall be made to the affected weights and related invoices and payments reflecting the full extent duration of the error. Such adjustments , the Parties shall be made retroactively to a date midway between the date on which the weighing devices were last tested and calibrated and the date on which the inaccuracy in weighing methods or devices was first questioned and prospectively until the date on which the weighing methods and devices are corrected. 16.6 If scales at the applicable mine determine the weight for less than all of the railcars in a single trainload lot, then the average railcar weight for the last three trainload lots to TVA, for trains that contained railcars all of the same capacity as the unweighed cars, shall be determined by dividing the trainload lots’ weight by the number of railcars in tons and average BTU content of each shipment invoiced during the trainload lotslast half of the period since the most recent calibration of the weighing device. The average railcar weight Should the Parties be unable to agree on this determination, it shall be multiplied by the number of railcars resolved in the unweighed or partially unweighed trainload lot to determine the trainload lot weightaccordance with Section 17.

Weights. 16.1 Coal will In the event that Merchantable Iron Ore, Concentrates or Taconite are shipped from the Premises by a common carrier railroad company, the Merchantable Iron Ore, Concentrates or Taconite so shipped shall (except as hereinafter provided) be weighed separately by the railroad company transporting the same, which weights shall determine the quantities as between the parties hereto. In the event that Merchantable Iron Ore, Concentrates or measured Taconite are shipped from the Premises, by TVAmeans other than a common carrier railroad company, Contractorthe weights of the Merchantable Iron Ore, Concentrates or independent laboratory technician Taconite so shipped shall (using except as hereinafter provided) be determined separately by weighing upon belt scales or other appropriate method approved weighing devices of standard design customarily used on the Mesabi Range in similar practices, or by TVA) at such other means as may be mutually agreed upon between the location where samples are collected for payment purposes. Except as specifically provided below, Contractor-provided weights will be used for contract purposes where this contract provides that Contractor samples are used for payment purposesparties hereto, and TVA’s the weights will so obtained shall be used for contract purposes when this contract provides prima facie evidence between the parties hereto of the amounts so taken. If Taconite from the Premises is intermingled before weighing with Taconite from other lands, the tonnage shipped shall be determined by a count of uniformly loaded vehicles or units (which vehicles or units shall at all times be of uniform size, or in any event of a known capacity, so that TVA’s samples are used for payment purposesaccurate accounting of the quantity of material transported thereby can always be made) from the Premises and from said other lands and by allocation of the combined weights determined by such belt scales or other weighing devices upon the basis of such vehicle or unit count, or by such other means as may be mutually agreed upon between the parties hereto. When Contractor-provided weights are used, said weights will be reported to TVA by electronic facsimile or as designated by the Contract Administrator for each shipment of coal hereunder. TVA Lessors shall have the right to have a representative present, at TVA’s sole risk and expense, at any and all reasonable times have free access to and right of inspection of any such belt scales or other weighing devices, and may make such tests to verify the accuracy thereof as they may desire and any variance, discrepancy or inaccuracy discovered in such belt scales or other weighing devices shall be promptly corrected by Lessee and any differences arising therefrom shall be promptly adjusted and settled. Lessee shall as promptly as possible after the end of each calendar month supply Lessors with its statement as to all weights obtained by such belt scales or other weighing devices during TVA loadings the preceding calendar month, specifying separately the tonnage of Merchantable Iron Ore, Concentrates and Taconite. Lessee will cause any common carrier railroad company transporting any ore mined from the Premises promptly to observe determination of weights. Contractor shall notify TVA immediately upon furnish to Lessors the occurrence of inaccurate weighing or absence of actual weighing. Contractor shall confirm such notification in writing to TVA within seven (7) working days usual and customary written certificates showing the true weight of the date various classifications of ore so transported over its lines of railroad and giving the number and weight of each such occurrence. Such confirmation shall identify each affected coal shipment by Purchase Order numbercar and the place from which shipped, line item number, shipping point, traffic control number, shipping date, and car/barge/truck number(s). Contractor’s account shall be adjusted for any coal inaccurately weighed, or not weighed, such adjustment to be made at whatever time such occurrence(s) becomes known to TVA. 16.2 All scales and weighing devices used by Contractor to so that Lessors may accurately determine the governing weight weights and identity of coal shall be each grade of the various classes of said ore so produced and shipped from the Premises. Said written certificates, when properly certified by the appropriate regulatory authority or a agent of the railroad and company furnishing the same shall be material tested annually by an independent third party at the Contractor’s expense and the results prima facie evidence of such tests provided to TVA within thirty (30) days of receipt of such test results of Contractor. Such scales and weighing devices shall comply with the National Institute of Standards and Technology Handbook 44 and shall be installed, maintained, and operated according to manufacturers’ recommendationsall facts therein stated. 16.3 If Contractor-provided weights are to be used, and Contractor fails to provide proper weights, TVA weights will be the means by which the weight of coal sold, delivered, and purchased hereunder shall be determined. Contractor shall reimburse TVA for any cost or expense charged to or incurred by TVA as a result of the absence of proper weights from Contractor, and TVA may elect to have TVA’s sampling and analysis govern for quality adjustment purposes as to any coal not properly weighed by Contractor. While TVA may not undertake to weigh all coal received, it may at its option check weigh any coal received. In the event invoiced weights exceed TVA weights by more than one and one-half percent (1.5%), a full material test will be run by both parties with each party responsible for its own cost. The weights that are determined most accurate shall govern. 16.4 Scale tests shall be performed more often than annually if reasonably requested by TVA. TVA shall be responsible for the cost of additional (more than annual) requested tests unless the results thereof show that the scale failed to conform to certification standards, in which event the Contractor shall be responsible for such costs. 16.5 If Contractor’s or TVA’s weighing devices or methods are determined by said independent third party to be in error over 0.5%, an appropriate adjustment shall be made to the affected weights and related invoices and payments reflecting the full extent of the error. Such adjustments shall be made retroactively to a date midway between the date on which the weighing devices were last tested and calibrated and the date on which the inaccuracy in weighing methods or devices was first questioned and prospectively until the date on which the weighing methods and devices are corrected. 16.6 If scales at the applicable mine determine the weight for less than all of the railcars in a single trainload lot, then the average railcar weight for the last three trainload lots to TVA, for trains that contained railcars all of the same capacity as the unweighed cars, shall be determined by dividing the trainload lots’ weight by the number of railcars in the trainload lots. The average railcar weight shall be multiplied by the number of railcars in the unweighed or partially unweighed trainload lot to determine the trainload lot weight.

Weights. 16.1 Coal will a. Unless the parties determine circumstances require determination by other methods, all coal shipped shall be weighed or measured by TVA**** at ****, Contractor, or independent laboratory technician (using on belt scales or other appropriate method approved by TVA) at the location where samples truck scales which are collected maintained and periodically calibrated for payment purposesaccuracy as required herein. Except as specifically provided below, Contractor-provided weights will be used for contract purposes where this contract provides that Contractor samples are used for payment purposes, and TVA’s weights will be used for contract purposes when this contract provides that TVA’s samples are used for payment purposes. When Contractor-provided weights are used, said weights will be reported to TVA by electronic facsimile or as designated by the Contract Administrator for each shipment of coal hereunder. TVA shall have the right to have a representative present, at TVA’s sole risk and expense, at any and all times during TVA loadings to observe determination of weights. Contractor **** shall notify TVA **** immediately upon the occurrence of inaccurate weighing or absence of actual weighing. Contractor **** shall confirm such notification in writing to TVA **** within seven (7) working days of the date of each such occurrence. Such confirmation shall identify each affected coal shipment by Purchase Order number, line item number, shipping point, traffic control number, shipping date, and car/barge/truck number(s)shipment. Contractor****’s account shall be adjusted for any coal inaccurately weighed, weighed or not weighed, such adjustment to be made at whatever time such occurrence(s) becomes known to TVA****. 16.2 All b. shall perform scale certification tests on its scales and weighing devices used by Contractor at a minimum annually, however, in addition to determine the governing weight of coal annual certification test, **** shall be certified by the appropriate regulatory authority perform load tests on its’ scales quarterly or a railroad and shall be material tested annually by an independent third party at the Contractor’s expense and the results of such tests provided to TVA within thirty (30) days of receipt of such test results of Contractor. Such scales and weighing devices shall comply with the National Institute of Standards and Technology Handbook 44 and shall be installed, maintained, and operated according to manufacturers’ recommendations. 16.3 If Contractor-provided weights are to be used, and Contractor fails to provide proper weights, TVA weights will be the means by which the weight of coal sold, delivered, and purchased hereunder shall be determined. Contractor shall reimburse TVA for any cost or expense charged to or incurred by TVA as a result of the absence of proper weights from Contractor, and TVA may elect to have TVA’s sampling and analysis govern for quality adjustment purposes as to any coal not properly weighed by Contractor. While TVA may not undertake to weigh all coal received, it may at its option check weigh any coal received. In the event invoiced weights exceed TVA weights by more than one and one-half percent (1.5%), a full material test will be run by both parties with each party responsible for its own cost. The weights that are determined most accurate shall govern. 16.4 Scale tests shall be performed more often than annually if reasonably quarterly when requested by TVA****. TVA **** shall be responsible for the cost of additional (more than annual) requested tests unless the results thereof show that the scale failed to conform to certification standards, in which event the Contractor **** shall be responsible for such costs. 16.5 . The aggregate weights determined during any payment period shall be acceptable as the quantity of coal sold and purchased during such period for which invoices are to be rendered and payments to be made. **** shall have the right to have a representative present at any and all time during **** to observe determination of weights. If **** should at any time question the accuracy of the weights thus determined, **** shall so advise **** and **** shall permit ****’s representatives to test ****’s weighing devices or methods. If such tests show the weighing devices to be in error, or if the weighing devices otherwise rare determined to be in error, the weighing devices shall be adjusted to an accurate condition. In the event Customer and Contractor are unable to agree upon such tests and adjustments, or the devices or methods thereof, the weighing devices and methods shall be tested and adjusted to a condition of accuracy by a qualified third party, mutually chosen by Customer and Contractor’s or TVA, and the cost of the testing and adjusting by such third party shall be shared equally by Customer and Contractor. If ****’s weighing devices or methods are determined by said independent third party to be in error over 0.5****%, an appropriate adjustment shall be made to the affected weights and related invoices and payments reflecting the full extent of the errorpayments. Such adjustments shall be made retroactively to a date midway between the date on which the weighing devices were last tested and calibrated and the date on which the inaccuracy in weighing methods or devices was first questioned and prospectively until the date on which the weighing methods and devices are corrected. 16.6 If c. All scales at the applicable mine determine the weight for less than all of the railcars in a single trainload lot, then the average railcar weight for the last three trainload lots to TVA, for trains that contained railcars all of the same capacity as the unweighed cars, shall be determined used by dividing the trainload lots’ weight by the number of railcars in the trainload lots. The average railcar weight shall be multiplied by the number of railcars in the unweighed or partially unweighed trainload lot **** to determine the trainload lot weightgoverning weight of coal shall be maintained and operated in accordance with the National Institute of Stands and Technology Handbook 44.

Weights. 16.1 Coal will a. Unless TVA determines circumstances require determination by other methods, all coal delivered to destination by barge shall be weighed by TVA on belt scales which are maintained and periodically calibrated by TVA or measured by TVA, Contractor, or independent laboratory technician (using scales or other appropriate method approved by TVA) at the location where samples are collected third parties for payment purposes. Except as specifically provided below, Contractor-provided weights will be used for contract purposes where this contract provides that Contractor samples are used for payment purposes, and TVA’s weights will be used for contract purposes when this contract provides that TVA’s samples are used for payment purposes. When Contractor-provided weights are used, said weights will be reported to TVA by electronic facsimile or as designated by the Contract Administrator for each shipment of coal hereunder. TVA shall have the right to have a representative present, accuracy. b. Where at TVA’s sole risk and expense's election coal is weighed by Contractor at origin, at any and all times during TVA loadings to observe determination of weights. Contractor shall notify TVA immediately upon the occurrence of inaccurate weighing or absence of actual weighing. Contractor shall confirm certify such notification in writing to TVA within seven (7) working days of the date of each such occurrence. Such confirmation certification shall identify each affected coal shipment by Purchase Order contract number, line item numberbreakdown code, shipping point, traffic control number, shipping date, and car/barge/truck car or barge number(s). Contractor’s 's account shall be adjusted for any coal inaccurately weighed, or not weighed, such and by the amount of the carrier's weighing charge in effect at the time of shipment. Such adjustment to be made at whatever time such occurrence(s) becomes known to TVA. 16.2 All scales and weighing devices used by Contractor to determine . In the governing weight absence of coal shall be certified by the appropriate regulatory authority or a railroad and shall be material tested annually by an independent third party at the scale weights from Contractor’s expense and the results of such tests provided to , TVA within thirty (30) days of receipt of such test results of Contractor. Such scales and weighing devices shall comply with the National Institute of Standards and Technology Handbook 44 and shall be installed, maintained, and operated according to manufacturers’ recommendations. 16.3 If Contractor-provided weights are to be used, and Contractor fails to provide proper weights, TVA weights will be the mutually agree by what means by which the weight of coal sold, delivered, and purchased delivered hereunder shall be determined. Contractor shall reimburse TVA for any cost or expense charged to or incurred by TVA as a result of the absence of proper appropriate scale weights from Contractor, and TVA may elect to have TVA’s sampling and analysis govern for quality adjustment purposes as to any coal not properly weighed by Contractor. While TVA may not undertake to weigh all coal received, it may at its option option, check weigh any coal received. In the event invoiced billed (invoiced) weights exceed vary from TVA weights by more than one and one-half percent (1.51-1/2%), a full material test TVA's weights will be run by both parties with each party responsible for its own costgovern. The weights that are determined most accurate shall govern. 16.4 Scale If TVA has elected to have Contractor weigh the coal pursuant to Subsection b., scale tests shall be performed more often than annually if reasonably quarterly when requested by TVA. TVA shall be responsible for the cost of additional (more than annual) requested tests unless the results thereof show that the scale failed to conform to certification standards, in which event the Contractor shall be responsible for such costs. 16.5 . The aggregate weights determined during any payment period shall be acceptable as the quantity of coal sold and purchased during such period for which invoices are to be rendered and payments to be made. TVA shall have the right to have a representative present at any and all times during TVA loadings to observe determination of weights. If TVA should at any time question the accuracy of the weights thus determined, TVA shall so advise Contractor and Contractor shall permit TVA's representatives to test Contractor's weighing devices or methods. If such tests show the weighing devices to be in error, or if the weighing devices otherwise are determined to be in error, the weighing devices shall be adjusted to an accurate condition. In the event TVA and Contractor are unable to agree upon such tests and adjustments, or the devices or methods thereof, the weighing devices and methods shall be tested and adjusted to a condition of accuracy by a qualified third party, mutually chosen by TVA and Contractor, and the cost of the testing and adjusting by such third party shall be shared equally by TVA and Contractor. If Contractor’s or TVA’s 's weighing devices or methods are determined by said independent third party to be in error over 0.5%, an appropriate adjustment shall be made to the affected weights and related invoices and payments reflecting the full extent of the errorpayments. Such adjustments shall be made retroactively to a date midway between the date on which the weighing devices were last tested and calibrated and the date on which the inaccuracy in weighing methods or devices was first questioned and prospectively until the date on which the weighing methods and devices are corrected. 16.6 If c. All scales at the applicable mine determine the weight for less than all of the railcars in a single trainload lot, then the average railcar weight for the last three trainload lots to TVA, for trains that contained railcars all of the same capacity as the unweighed cars, shall be determined by dividing the trainload lots’ weight by the number of railcars in the trainload lots. The average railcar weight shall be multiplied by the number of railcars in the unweighed or partially unweighed trainload lot used to determine the trainload lot weightgoverning weight of coal shall be maintained and operated in accordance with the National Institute of Standards and Technology Handbook 44.