Common use of Weights Clause in Contracts

Weights. a. Unless TVA determines circumstances require determination by other methods, all coal delivered to destination by barge shall be weighed by TVA, or the blending facility, on belt scales which are maintained and periodically calibrated by TVA or third parties for accuracy. b. Where at TVA's election coal is weighed by Contractor at origin, Contractor shall notify TVA immediately upon the occurrence of inaccurate weighing or absence of actual weighing. Contractor shall certify such notification in writing to TVA within seven (7) working days of the date of each such occurrence. Such certification shall identify each affected coal shipment by contract number, breakdown code, shipping point, traffic control number, shipping date, and car or barge number(s). Contractor'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. In the absence of scale weights from Contractor, TVA and Contractor will mutually agree by what means the weight of coal 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 appropriate scale weights from Contractor. While TVA may not undertake to weigh all coal received, it may at its option, check weigh any coal received. In the event billed (invoiced) weights vary from TVA weights by more than one and one-half percent (1-1/2%), TVA's weights will govern. If TVA has elected to have Contractor weigh the coal pursuant to Subsection b., scale tests shall be performed quarterly or more often than quarterly when requested by TVA. TVA shall be responsible for the cost of additional requested tests unless the results thereof show that the scale failed to conform to certification standards, in which event Contractor shall be responsible for such costs. 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 weighing devices or methods are determined to be in error over 0.5%, an appropriate adjustment shall be made to the affected weights and related invoices and payments. 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. c. All scales used by Contractor to determine the governing weight of coal shall be maintained and operated in accordance with the National Institute of Standards and Technology Handbook 44.

Weights. a. Unless TVA determines the parties determine circumstances require determination by other methods, all coal delivered to destination by barge shipped shall be weighed by TVA, or the blending facilityContractor at origin, on belt scales or truck scales which are maintained and periodically calibrated by TVA or third parties for accuracy. b. Where at TVA's election coal is weighed by Contractor at origin, accuracy as required herein. Contractor shall notify TVA immediately upon the occurrence of inaccurate weighing or absence of actual weighing. Contractor shall certify confirm such notification in writing to TVA within seven (7) working days of the date of each such occurrence. Such certification confirmation shall identify each affected coal shipment by contract number, breakdown code, shipping point, traffic control number, shipping date, and car or barge number(s)shipment. Contractor's ’s account shall be adjusted for any coal inaccurately weighed, 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. In the absence of scale weights from Contractor, TVA and Contractor will mutually agree by what means the weight of coal delivered hereunder shall be determined. . b. Contractor shall reimburse TVA for any cost or expense charged perform scale certification tests on its scales at a minimum annually, however, in addition to or incurred by TVA as a result of the absence of appropriate scale weights from Contractor. While TVA may not undertake to weigh all coal receivedannual certification test, it may at its option, check weigh any coal received. In the event billed (invoiced) weights vary from TVA weights by more than one and one-half percent (1-1/2%), TVA's weights will govern. If TVA has elected to have Contractor weigh the coal pursuant to Subsection b., scale shall perform load tests shall be performed on its’ scales quarterly or more often than quarterly when requested by TVA. TVA shall be responsible for the cost of additional requested tests unless the results thereof show that the scale failed to conform to certification standards, in which event Contractor shall be responsible for such costs. 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 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 ’s representatives to test Contractor's ’s weighing devices or methods. If such tests show the weighing devices to be in error, or if the weighing devices otherwise are 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 ’s weighing devices or methods are determined to be in error over 0.5%, an appropriate adjustment shall be made to the affected weights and related invoices and payments. 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. c. All scales used by Contractor to determine the governing weight of coal shall be maintained and operated in accordance with the National Institute of Standards Stands and Technology Handbook 44.

Weights. a. Unless TVA determines circumstances require determination by other methods, all coal delivered to destination by barge shall Coal will be weighed or measured by TVA, Alliance, or independent laboratory technician (using scales or other appropriate method approved by TVA) at the blending facilitylocation where samples are collected for payment purposes. Except as specifically provided below, on belt scales which Alliance-provided weights will be used for contract purposes where this contract provides that Alliance samples are maintained used for payment purposes, and periodically calibrated TVA’s weights will be used for contract purposes when this contract provides that TVA’s samples are used for payment purposes. When Alliance-provided weights are used, said weight will be reported to TVA by electronic facsimile or as designated by the Contract Administrator for each shipment of coal hereunder. TVA or third parties for accuracy. b. Where shall have the right to have a representative present, at TVA's election coal is weighed by Contractor ’s sole risk and expense, at originany and all times and without the necessity of providing prior notice to Alliance, Contractor during TVA loadings to observe determination of weights. Alliance shall notify TVA immediately upon the occurrence of inaccurate weighing or absence of actual weighing. Contractor Alliance shall certify confirm such notification in writing to TVA within seven (7) working days of the date of each such occurrence. Such certification confirmation shall identify each affected coal shipment by contract number, breakdown codeRelease number, shipping point, traffic control number, shipping date, and car or barge car/barge/truck number(s). Contractor's Alliance’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. In All scales and weighing devices used by Alliance to determine the absence governing weight of scale coal shall be certified by the appropriate regulatory authority or a railroad and shall be material tested annually by an independent third party at Alliance’s expense. 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. If Alliance-provided weights from Contractorare to be used, and Alliance fails to provide proper weights, TVA and Contractor weights will mutually agree be the means by what means which the weight of coal delivered 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 appropriate scale 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 Alliance. While TVA may not undertake to weigh all coal received, it may at its option, option check weigh any coal received. In the event billed (invoiced) invoiced weights vary from exceed TVA weights by more than one and one-half percent (1-1/21.5%)) per month, TVA's ’s weights will govern. If TVA has elected to have Contractor weigh the coal pursuant to Subsection b., scale Scale tests shall be performed quarterly or more often than quarterly when 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 Contractor Alliance shall be responsible for such costs. 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 Alliance’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. 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. c. All . If scales used 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 Contractor 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 governing weight of coal shall be maintained and operated in accordance with the National Institute of Standards and Technology Handbook 44trainload lot weight.

Weights. a. Unless TVA determines the parties determine circumstances require determination by other methods, all coal delivered to destination by barge shipped shall be weighed by TVA, or the blending facility**** at ****, on belt scales or truck scales which are maintained and periodically calibrated by TVA or third parties for accuracy. b. Where at TVA's election coal is weighed by Contractor at origin, Contractor accuracy as required herein. **** shall notify TVA **** immediately upon the occurrence of inaccurate weighing or absence of actual weighing. Contractor **** shall certify confirm such notification in writing to TVA **** within seven (7) working days of the date of each such occurrence. Such certification confirmation shall identify each affected coal shipment by contract number, breakdown code, shipping point, traffic control number, shipping date, and car or barge number(s)shipment. Contractor's ****’s account shall be adjusted for any coal inaccurately weighed, 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. In ****. b. shall perform scale certification tests on its scales at a minimum annually, however, in addition to the absence of scale weights from Contractorannual certification test, TVA and Contractor will mutually agree by what means the weight of coal 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 appropriate scale weights from Contractor. While TVA may not undertake to weigh all coal received, it may at its option, check weigh any coal received. In the event billed (invoiced) weights vary from TVA weights by more than one and one-half percent (1-1/2%), TVA's weights will govern. If TVA has elected to have Contractor weigh the coal pursuant to Subsection b., scale perform load tests shall be performed on its’ scales quarterly or more often than quarterly when requested by TVA****. TVA **** shall be responsible for the cost of additional requested tests unless the results thereof show that the scale failed to conform to certification standards, in which event Contractor **** shall be responsible for such costs. 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 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 ****’s representatives to test Contractor's ****’s weighing devices or methods. If such tests show the weighing devices to be in error, or if the weighing devices otherwise are rare determined to be in error, the weighing devices shall be adjusted to an accurate condition. In the event TVA 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 TVA Customer and Contractor, and the cost of the testing and adjusting by such third party shall be shared equally by TVA Customer and Contractor. If Contractor's ****’s weighing devices or methods are determined to be in error over 0.5****%, an appropriate adjustment shall be made to the affected weights and related invoices and payments. 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. c. All scales used by Contractor **** to determine the governing weight of coal shall be maintained and operated in accordance with the National Institute of Standards Stands and Technology Handbook 44.

Weights. a. Unless TVA determines circumstances require determination by other methods, all coal delivered to destination by barge shall be weighed by TVA, or the blending facility, TVA on belt scales which are maintained and periodically calibrated by TVA or third parties for accuracy. b. Where at TVA's election coal is weighed by Contractor at origin, Contractor shall notify TVA immediately upon the occurrence of inaccurate weighing or absence of actual weighing. Contractor shall certify such notification in writing to TVA within seven (7) working days of the date of each such occurrence. Such certification shall identify each affected coal shipment by contract number, breakdown code, shipping point, traffic control number, shipping date, and car or barge number(s). Contractor'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 . Such adjustment to be made at whatever time such occurrence(s) becomes known to TVA. In the absence of scale weights from Contractor, TVA and Contractor will mutually agree by what means the weight of coal 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 appropriate scale weights from Contractor. While TVA may not undertake to weigh all coal received, it may at its option, check weigh any coal received. In the event billed (invoiced) weights vary from TVA weights by more than one and one-half percent (1-1/2%), TVA's weights will govern. If TVA has elected to have Contractor weigh the coal pursuant to Subsection b., scale tests shall be performed quarterly or more often than quarterly when requested by TVA. TVA shall be responsible for the cost of additional requested tests unless the results thereof show that the scale failed to conform to certification standards, in which event Contractor shall be responsible for such costs. 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 weighing devices or methods are determined to be in error over 0.5%, an appropriate adjustment shall be made to the affected weights and related invoices and payments. 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. c. All scales used by Contractor to determine the governing weight of coal shall be maintained and operated in accordance with the National Institute of Standards and Technology Handbook 44.

Weights. a. Unless TVA determines circumstances require determination by other methods, all coal delivered to destination by barge All costs associated with weighing the Biomass Fuel shall be weighed borne by TVA, 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 blending facility, on belt scales which are Biomass Fuel shall be maintained and periodically calibrated by TVA or third parties for accuracy. b. Where at TVA's election coal is weighed by Contractor at origin, Contractor shall notify TVA immediately upon the occurrence of inaccurate weighing or absence of actual weighing. Contractor shall certify such notification operated in writing accordance with procedures acceptable to TVA within seven (7) working days of the date of each such occurrence. Such certification shall identify each affected coal shipment by contract number, breakdown code, shipping point, traffic control number, shipping date, Seller and car or barge number(s). Contractor's account shall be adjusted for any coal inaccurately weighedprofessionally certified at intervals of no less than six (6) months to be in conformity with the most current, or not weighed, and industry accepted Scale Handbook. Buyer shall give immediate notice by the amount of the carriertelephone to Seller if Buyer's weighing charge in effect at the time of shipment, such adjustment become inoperative or are discovered to be made at whatever time such occurrence(s) becomes known to TVAinaccurate. In the absence of scale weights from ContractorBuyer, TVA Buyer and Contractor Seller will mutually agree by what upon the means of determining the weight of coal the Biomass Fuel sold, delivered hereunder and purchased hereunder. Such methods as may be mutually agreed upon shall not necessarily be determinedthe same as required under the tariff for payment of freight. Contractor shall reimburse TVA A net weight will be determined and reported to Seller for any cost or expense charged to or incurred by TVA as a result each shipment of the absence of appropriate scale weights from Contractor. While TVA may not undertake to weigh all coal received, it may at its option, check weigh any coal received. In the event billed (invoiced) weights vary from TVA weights by more than one and one-half percent (1-1/2%), TVA's weights will govern. If TVA has elected to have Contractor weigh the coal pursuant to Subsection b., scale tests shall be performed quarterly or more often than quarterly when requested by TVA. TVA shall be responsible for the cost of additional requested tests unless the results thereof show that the scale failed to conform to certification standards, in which event Contractor shall be responsible for such costsBiomass Fuel hereunder. The aggregate net weights determined during any payment period shall be acceptable accepted as the quantity of coal biomass fuel sold and purchased during such period for which invoices are to be rendered and payments payment to be made. TVA Seller shall have the right to have a representative present at any and all times during TVA loadings to observe the determination of weights. If TVA Seller should at any time question the accuracy of the weights thus determinedweights, TVA Seller shall so advise Contractor Buyer and Contractor Buyer shall permit TVASeller's representatives representative to test ContractorBuyer'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 ContractorBuyer's weighing devices or methods are determined to be in error over 0.5%error, an appropriate adjustment within thirty (30) days thereafter, Buyer shall be made advise Seller of the amount and the estimated duration of the error. Buyer shall make adjustments to the affected weights invoices so that the weight is paid by Buyer as if there had been no error in Buyer's weighing devices. In the event Buyer cannot establish the amount and related invoices duration of the error, the Parties shall determine the number of tons and paymentsaverage BTU content of each shipment invoiced during the last half of the period since the most recent calibration of the weighing device. Such adjustments Should the Parties be unable to agree on this determination, it 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. c. All scales used by Contractor to determine the governing weight of coal shall be maintained and operated resolved in accordance with the National Institute of Standards and Technology Handbook 44Section 17.

Weights. a. Unless TVA determines circumstances require determination by other methods, all coal delivered to destination by barge shall 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 blending facilitylocation where samples are collected for payment purposes. Except as specifically provided below, on belt scales which Contractor-provided weights will be used for Contract purposes where this Contract provides that Contractor samples are maintained used for payment purposes, and periodically calibrated 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 Management Specialist for each shipment of coal hereunder. TVA or third parties for accuracy. b. Where shall have the right to have a representative present, at TVA's election coal is weighed by Contractor ’s sole risk and expense, at origin, 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 certify confirm such notification in writing to TVA within seven (7) working days of the date of each such occurrence. Such certification confirmation shall identify each affected coal shipment by contract Purchase Order number, breakdown codeline item number, shipping point, traffic control number, shipping date, and car or barge car/barge/truck 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 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 (3) 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 absence of belt conveyor system in order to provide reasonable assurance that the scale is performing correctly 16.3 If Contractor-provided weights from Contractorare to be used, and Contractor fails to provide proper weights, TVA and Contractor weights will mutually agree be the means by what means which the weight of coal delivered 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 appropriate scale 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, option check weigh any coal received. In the event billed (invoiced) invoiced weights vary from exceed TVA weights by more than one and one-half percent (1-1/21.5%), TVA's a full material test will be run by both Parties with each party responsible for its own cost. The weights will that are determined most accurate shall govern. If TVA has elected to have Contractor weigh the coal pursuant to Subsection b., scale . 16.4 Scale tests shall be performed quarterly or more often than quarterly when 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. 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. . 16.5 If Contractor's ’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 paymentspayments 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. c. All 16.6 If scales used 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 Contractor 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 governing weight of coal shall be maintained and operated in accordance with the National Institute of Standards and Technology Handbook 44trainload lot weight.

Weights. a. Unless TVA determines circumstances require determination by other methods, all coal delivered to destination by barge shall be weighed by TVA, or (a) In the blending facility, on belt scales which are maintained and periodically calibrated by TVA or third parties for accuracy. b. Where at TVA's election event that coal is weighed by Contractor delivered from the Marrowbone loadout at originNaugatuck, Contractor shall notify TVA immediately upon the occurrence of inaccurate weighing or absence of actual weighing. Contractor shall certify such notification in writing to TVA within seven (7) working days of the date of each such occurrence. Such certification shall identify each affected coal shipment by contract numberWest Virginia, breakdown code, shipping point, traffic control number, shipping date, and car or barge number(s). Contractor'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. In the absence of scale weights from Contractor, TVA and Contractor Sellers will mutually agree by what means determine the weight of coal delivered hereunder 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 determined for each train for each loading and such weight shall be determinedthe basis for payment by Buyers. Contractor Sellers shall reimburse TVA for any cost test and calibrate such scales at thirty (30) day intervals to maintain them at a trainload accuracy within plus or expense charged minus 0.5 percent through the use of calibration techniques acceptable to or incurred by TVA as a result Sellers, Buyer, and the railroad. Testing, calibration, and certification of the absence scales will be under the jurisdiction of appropriate the railroad and the applicable state agency. Sellers shall promptly provide Buyer with a copy of the results of all scale weights from Contractortesting, calibrations, and 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 in error beyond the limits mentioned above. While TVA may not undertake to weigh all During any period when such weighing facilities are inoperable or in error, determination of the quantities of coal received, it may at its option, check weigh any coal received. In the event billed (invoiced) weights vary from TVA weights by more than one and one-half percent (1-1/2%), TVA's weights will govern. If TVA has elected to have Contractor weigh the coal pursuant to Subsection b., scale tests delivered shall be performed quarterly or more often than quarterly when requested made by TVA. TVA shall be responsible for the cost of additional requested tests unless the results thereof show that the scale failed to conform to certification standards, in which event Contractor shall be responsible for such costs. 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 a procedure to be rendered established by Buyer, Sellers, and payments to be made. TVA the railroad. (c) Buyer shall have the right to have a representative present at any and all times during TVA loadings to observe the determination of weights. If TVA Buyer should at any time question the accuracy of the weights thus determined, TVA Buyer shall so advise Contractor Sellers, and Contractor confirm such advice in writing, and Sellers shall permit TVA's representatives arrange to test Contractor's the 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 they shall be adjusted to an accurate condition. In the event TVA required accuracy as mutually agreed upon by Buyer and Contractor are unable to agree upon such tests Sellers, in accordance with generally accepted calibration techniques used in the coal and adjustments, or the devices or methods thereof, railroad industries. (d) If 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 weighing devices or methods are determined 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. Such adjustments ; 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. c. All scales used by Contractor (e) In the event Sellers elect to determine supply coal to Buyer from sources other than Marrowbone, the governing weight of coal in each shipment shall be maintained and operated determined in accordance with Buyer's transportation contract with the National Institute railroad, any amendments thereto, or any new agreements between Buyer and the railroad for the transportation of Standards 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 scales and Technology Handbook 44.in accordance with policies and procedures approved by the railroad. Sellers shall reimburse Buyer for any and all costs associated with the weighing of such coal charged by the railroad to Buyer. Weights so determined shall be accepted by the parties for purposes of payment hereunder

Weights. a. Unless TVA determines circumstances require determination by other methods, all coal delivered to destination by barge shall 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 blending facilitylocation where samples are collected for payment purposes. Except as specifically provided below, on belt scales which Contractor-provided weights will be used for contract purposes where this contract provides that Contractor samples are maintained used for payment purposes, and periodically calibrated 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 or third parties for accuracy. b. Where shall have the right to have a representative present, at TVA's election coal is weighed by Contractor ’s sole risk and expense, at origin, 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 certify confirm such notification in writing to TVA within seven (7) working days of the date of each such occurrence. Such certification confirmation shall identify each affected coal shipment by contract Purchase Order number, breakdown codeline item number, shipping point, traffic control number, shipping date, and car or barge car/barge/truck 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 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 (3) days of receipt of such test results of Contractor. In Such scales and weighing devices shall comply with the absence National Institute of scale Standards and Technology Handbook 44 and shall be installed, maintained, and operated according to manufacturers’ recommendations. 16.3 If Contractor-provided weights from Contractorare to be used, and Contractor fails to provide proper weights, TVA and Contractor weights will mutually agree be the means by what means which the weight of coal delivered 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 appropriate scale 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, option check weigh any coal received. In the event billed (invoiced) invoiced weights vary from exceed TVA weights by more than one and one-half percent (1-1/21.5%), TVA's a full material test will be run by both parties with each party responsible for its own cost. The weights will that are determined most accurate shall govern. If TVA has elected to have Contractor weigh the coal pursuant to Subsection b., scale . 16.4 Scale tests shall be performed quarterly or more often than quarterly when 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. 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. . 16.5 If Contractor's ’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 paymentspayments 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. c. All 16.6 If scales used 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 Contractor 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 governing weight of coal shall be maintained and operated in accordance with the National Institute of Standards and Technology Handbook 44trainload lot weight.

Weights. a. Unless TVA determines circumstances require determination In the event that Merchantable Iron Ore, Concentrates or Taconite are shipped from the Premises by other methodsa common carrier railroad company, all coal delivered to destination by barge the Merchantable Iron Ore, Concentrates or Taconite so shipped shall (except as hereinafter provided) be weighed by TVA, or the blending facility, on belt scales which are maintained and periodically calibrated by TVA or third parties for accuracy. b. Where at TVA's election coal is weighed by Contractor at origin, Contractor shall notify TVA immediately upon the occurrence of inaccurate weighing or absence of actual weighing. Contractor shall certify such notification in writing to TVA within seven (7) working days of the date of each such occurrence. Such certification shall identify each affected coal shipment by contract number, breakdown code, shipping point, traffic control number, shipping date, and car or barge number(s). Contractor's account shall be adjusted for any coal inaccurately weighed, or not weighed, and separately by the amount of railroad company transporting the carrier's weighing charge in effect at same, which weights shall determine the time of shipment, such adjustment to be made at whatever time such occurrence(s) becomes known to TVA. In quantities as between the absence of scale weights from Contractor, TVA and Contractor will mutually agree by what means the weight of coal 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 appropriate scale weights from Contractor. While TVA may not undertake to weigh all coal received, it may at its option, check weigh any coal receivedparties hereto. In the event billed that Merchantable Iron Ore, Concentrates or Taconite are shipped from the Premises, by means other than a common carrier railroad company, the weights of the Merchantable Iron Ore, Concentrates or Taconite so shipped shall (invoicedexcept as hereinafter provided) be determined separately by weighing upon belt scales or other weighing devices of standard design customarily used on the Mesabi Range in similar practices, or by such other means as may be mutually agreed upon between the parties hereto, and the weights vary from TVA weights by more than one and one-half percent (1-1/2%), TVA's weights will governso obtained shall be prima facie evidence between the parties hereto of the amounts so taken. If TVA has elected to have Contractor weigh Taconite from the coal pursuant to Subsection b.Premises is intermingled before weighing with Taconite from other lands, scale tests the tonnage shipped shall be performed quarterly determined by a count of uniformly loaded vehicles or more often than quarterly when requested by TVA. TVA units (which vehicles or units shall at all times be responsible for the cost of additional requested tests unless the results thereof show uniform size, or in any event of a known capacity, so that the scale failed to conform to certification standards, in which event Contractor shall be responsible for such costs. The aggregate weights determined during any payment period shall be acceptable as accurate accounting of the quantity of coal sold and purchased during such period for which invoices are to be rendered and payments to 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. TVA Lessors shall have the right to have a representative present at any and all reasonable times during TVA loadings have free access to observe determination and right of weights. If TVA should at inspection of any time question such belt scales or other weighing devices, and may make such tests to verify the accuracy of the weights thus determinedthereof as they may desire and any variance, TVA shall so advise Contractor and Contractor shall permit TVA's representatives to test Contractor's weighing devices discrepancy or methods. If inaccuracy discovered in such tests show the weighing devices to be in error, belt scales or if the weighing devices otherwise are determined to be in error, the 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 an accurate condition. In the event TVA and Contractor are unable to agree upon all weights obtained by such tests and adjustments, belt scales or the devices or methods thereof, the other weighing devices during the preceding calendar month, specifying separately the tonnage of Merchantable Iron Ore, Concentrates and methods Taconite. Lessee will cause any common carrier railroad company transporting any ore mined from the Premises promptly to furnish to Lessors the usual and customary written certificates showing the true weight of the various classifications of ore so transported over its lines of railroad and giving the number and weight of each car and the place from which shipped, so that Lessors may accurately determine the weights and identity of each grade of the various classes of said ore so produced and shipped from the Premises. Said written certificates, when properly certified by the agent of the railroad company furnishing the same shall be tested and adjusted to a condition prima facie evidence 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 weighing devices or methods are determined to be in error over 0.5%, an appropriate adjustment shall be made to the affected weights and related invoices and payments. 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 correctedall facts therein stated. c. All scales used by Contractor to determine the governing weight of coal shall be maintained and operated in accordance with the National Institute of Standards and Technology Handbook 44.