Common use of Weights Clause in Contracts

Weights. Except as otherwise provided herein or if the parties agree otherwise, the weight of each coal Shipment delivered hereunder shall be determined for payment purposes (the “Payment Weight”) by Buyer on the basis of certified scale weights at the generating station. If Buyer’s belt scale is inoperable or if Buyer fails to obtain a sample of the coal for qualitative analysis upon unloading, the Seller’s loading weight shall be used for the relevant Shipment and the Seller’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller will be notified as soon as possible whenever the Buyer’s belt scale or sampling equipment is out of operation. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all coal delivered and unloaded at Buyer’s Xxxxxxx County Generating Station, the unloaded weight for each Shipment, shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total of all Seller’s barges unloaded in this sequence, The assigned unloaded weight for each such Shipment shall be proportioned based upon Seller’s load weight for each barge and the total weight for all Seller’s barges unloaded in that sequence. Scales (whether Buyer’s or Seller’s) shall be operated in accordance with NIST Handbook 44. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversight. Seller shall have the right, at Seller’s expense and upon reasonable notice, to have the Buyer’s scales checked for accuracy at any reasonable time or frequency. If the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Buyer shall reimburse Seller for the expenses incurred in checking the accuracy of said scales. If the Seller’s scales are used for payment purposes and are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards (the “Tolerance”), then Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the percentage of variance identified for the scales from the Tolerance, plus the amount of the Tolerance. Buyer or Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred in checking the accuracy of said scales.

Weights. Except as otherwise provided herein or if the parties agree otherwise, the weight of each coal Shipment delivered hereunder shall be determined for payment purposes (the “Payment Weight”) by Buyer on the basis of certified scale weights at the generating station. If Buyer’s belt scale is inoperable or if Buyer fails to obtain a sample of the coal for qualitative analysis upon unloading, the Seller’s loading weight shall be used for the relevant Shipment and the Seller’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller will be notified as soon as possible whenever the Buyer’s belt scale or sampling equipment is out of operation. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all coal delivered and unloaded at Buyer’s Xxxxxxx County Generating Station, the unloaded weight for each Shipment, shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total of all Seller’s barges unloaded in this sequence, . The assigned unloaded weight for each such Shipment shall be proportioned based upon Seller’s load weight for each barge and the total weight for all Seller’s barges unloaded in that sequence. Scales (whether Buyer’s or Seller’s) shall be operated in accordance with NIST Handbook 44. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversight. Seller shall have the right, at Seller’s expense and upon reasonable notice, to have the Buyer’s scales checked for accuracy at any reasonable time or frequency. If the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Buyer shall reimburse Seller for the expenses incurred in checking the accuracy of said scales. If the Seller’s scales are used for payment purposes and are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards (the “Tolerance”), then Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the percentage of variance identified for the scales from the Tolerance, plus the amount of the Tolerance. Buyer or Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred in checking the accuracy of said scales.

Weights. Except as otherwise provided herein or if the parties agree otherwise, the weight of each coal Shipment delivered hereunder under this Agreement shall be determined for payment purposes (the “Payment Weight”) by Buyer Seller on the basis of an allocated barge weight (“Allocated Weight”, as defined herein) using a combination of (a) test-chain calibrated and material tested, as set forth below, certified belt scale (“Scale”) weights at the generating stationBarge Delivery Point and (b) barge draft survey (“Drafting”) weights as calculated by a qualified person at the Barge Delivery Point. If BuyerThe Allocated Weight for each barge Shipment within a barge loading sequence shall be determined as the product of (a) the total Scale weight for each set of barge Shipments loaded in such barge loading sequence, multiplied by (b) the percentage represented by (i) each individual barge Shipment’s belt scale is inoperable or if Buyer fails Drafting weight relative to obtain (ii) the sum total of Drafting weights of all barge Shipments within such barge loading sequence. Schedule 2 attached herein shows a sample of calculation methodology for calculating the coal Allocated Weight for qualitative analysis upon unloading, the Seller’s each barge Shipment with within a barge loading weight shall be used for the relevant Shipment and the Seller’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller will be notified as soon as possible whenever the Buyer’s belt scale or sampling equipment is out of operationsequence. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all If Seller’s scale is inoperable or if Seller’s Drafting contractor fails to obtain the necessary drafting data points, or if Seller fails to obtain a sample of the coal upon loading, Buyer’s unloading weight shall be used for the relevant Shipment. Buyer shall be notified as soon as possible whenever Seller’s scale or sampling equipment is out of operation, or when Seller’s Drafting contractor fails to obtain the necessary drafting data points, or when Seller fails to obtain a sample upon loading. In such cases, for coal delivered and unloaded at Buyer’s Xxxxxxx County Generating Station, the unloaded weight for each Shipment, Shipment shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total of all of Seller’s barges unloaded in this sequence, . The assigned unloaded weight for each such Shipment shall be proportioned based upon on Seller’s load weight for each barge and the total weight for all of Seller’s barges unloaded in that sequence. Scales (whether Buyer’s or Seller’s) shall be operated in accordance with NIST Handbook 44. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversight. Seller shall have the right, at Seller’s expense and upon reasonable notice, to have the Buyer’s scales checked for accuracy at any reasonable time or frequency. If the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Buyer shall reimburse Seller for the expenses incurred in checking the accuracy of said scales. If the Seller’s scales are used for payment purposes and are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards (the “Tolerance”), then Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the percentage of variance identified for the scales from the Tolerance, plus the amount of the Tolerance. Buyer or Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred in checking the accuracy of said scales.Handbook

Weights. Except Seller shall determine and transmit to Buyer loading weights on the basis of certified scales or barge draft weights at the loading point and qualitative analysis for each Shipment of coal, as quickly as possible. However, except as otherwise provided herein or if the parties agree otherwise, the weight of each coal Shipment delivered hereunder under this Agreement shall be determined for payment purposes (the “Payment Weight”) by Buyer Seller on the basis of certified scale weights at the generating stationBarge Delivery Point, or if drafting is necessary, draft weights are to be calculated by a third party (“Drafting Contractor”) at the Barge Delivery Point. Seller shall provide Buyer with a written copy of Seller’s drafting procedure. Seller shall notify Buyer of any requested changes to the drafting procedure, and gain Buyer’s approval prior to making any changes to the drafting procedure. Buyer shall have the right, at Buyer’s expense and upon reasonable notice, to have the draft survey checked for accuracy at any reasonable time or frequency. If Buyerthe draft survey is found to be over or under tolerance range allowable for the draft survey based on industry accepted standards, either party shall pay to the other any amounts owed due to such inaccuracy for a period not to exceed thirty (30) days before the time any inaccuracy of draft survey is determined. If Seller’s belt scale is inoperable or if Buyer Seller fails to obtain a sample of the coal for qualitative analysis upon unloadingloading, the SellerBuyer’s loading unloading weight shall be used for the relevant Shipment Shipment, and the SellerBuyer’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller Buyer will be notified as soon as possible whenever the BuyerSeller’s belt certified scale or sampling equipment is out of operation. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all coal delivered and unloaded at Buyer’s Xxxxxxx County Generating Station, the unloaded weight for each Shipment, shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total of all Seller’s barges unloaded in this sequence, . The assigned unloaded weight for each such Shipment shall be proportioned based upon Seller’s load weight for each barge and the total weight for all Seller’s barges unloaded in that sequence. Scales (whether Buyer’s or Seller’s) shall be operated in accordance with NIST Handbook 44. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversight. Seller shall have the right, at Seller’s expense and upon reasonable notice, to have the Buyer’s scales checked for accuracy at any reasonable time or frequency. If the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Buyer shall reimburse Seller for the expenses incurred in checking the accuracy of said scales. If the Seller’s scales are used for payment purposes and are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards (the “Tolerance”), then Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the percentage of variance identified for the scales from the Tolerance, plus the amount of the Tolerance. Buyer or Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred in checking the accuracy of said scales.Handbook

Weights. Except as otherwise provided herein or if the parties agree otherwise, the 11.1 The weight of each coal Shipment sold and delivered hereunder shall be determined for payment purposes (the “Payment Weight”) on a per shipment basis by Buyer on the basis of certified scale weights commercial scales at Seller’s train loading facility at the generating stationMine. If Buyer’s belt scale is inoperable or if Buyer fails to obtain a sample The weights thus determined shall be accepted as the quantity of the coal for qualitative analysis upon unloading, the Seller’s loading weight shall which invoices are to be used for the relevant Shipment rendered and the Seller’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller will be notified as soon as possible whenever the Buyer’s belt scale or sampling equipment is out of operation. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all coal delivered and unloaded at Buyer’s Xxxxxxx County Generating Station, the unloaded weight for each Shipment, shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total of all Seller’s barges unloaded in this sequence, The assigned unloaded weight for each such Shipment shall be proportioned based upon Seller’s load weight for each barge and the total weight for all Seller’s barges unloaded in that sequence. Scales (whether Buyer’s or Seller’s) shall be operated payments made in accordance with NIST Handbook 44Section 14 hereof. Such Seller shall furnish the railroad company transporting the coal with copies of the weights determined hereunder. Seller’s scales shall be duly reviewed by an appropriate calibrated and tested twice annually with copies of calibration and testing agency and maintained in an accurate condition and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversight. Seller shall have the right, at Seller’s expense and reports provided to Buyer upon reasonable notice, to have the Buyer’s scales checked for accuracy at any reasonable time or frequencyrequest. If the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted ASTM standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, either party shall pay to the other such any amounts owed as due to such inaccuracy for a result period not to exceed thirty (30) days before the time any inaccuracy of the recalculation, and Buyer shall reimburse Seller for the expenses incurred in checking the accuracy of said scales. scales is determined. 11.2 If the Seller’s scales are not available to determine the valid net weight of all of the railcars in a unit train but valid weights are obtained for thirty (30) or more railcars in such train, the arithmetic average of all of the valid net weights of the thirty (30) or more railcars in such train shall be used as the net weight for payment purposes and each railcar in such train for which a valid net weight was not determined by Seller’s scales. If Seller’s scales are found inoperative or fail to determine the valid net weight of at least thirty (30) railcars in a unit train, the weighted arithmetic average of the net railcar weights of the previous ten (10) unit trainloads of coal shipped to Buyer shall be over or under used as the tolerance range allowable net weight for each of the unweighed railcars in such train. The calculation of the weighted arithmetic average net weight for the scale based previous ten (10) unit trainloads shall exclude all bad-order railcars which were not loaded and also exclude any trainload of coal for which the net weights were estimated on industry-accepted standards thirty (the “Tolerance”), then 30) or more railcars. 11.3 Buyer shall recalculate have the payments for coal weighed on those scales for the period right, at its risk and expense, to have a representative(s) present to witness any and all scale calibrations or weighings provided that such representative(s) shall comply with all of inaccuracy (not to exceed 30 days) based Seller’s safety rules and regulations while on the percentage of variance identified for the scales from the Tolerance, plus the amount of the ToleranceMine’s premises. Buyer shall hold Seller harmless from any injury, including death, or Seller, as applicable, shall pay to damage suffered by any representative(s) of Seller by reason of such representatives’ presence on the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred in checking the accuracy of said scalesMine premises.

Weights. Except as otherwise provided herein or if the parties agree otherwise, the weight of each coal Shipment delivered hereunder shall be determined for payment purposes (the “Payment Weight”) by Buyer on the basis of certified scale weights at the Buyer’s generating station. If Buyer’s belt scale is inoperable or if Buyer fails to obtain a sample of the coal for qualitative analysis upon unloadingloading, the Seller’s loading weight shall be used for the relevant Shipment Shipment, and the Seller’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller will be notified as soon as possible whenever the Buyer’s belt scale or sampling equipment is out of operation. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all coal delivered and unloaded at Buyer’s Xxxxxxx County Generating Station, the unloaded weight for each Shipment, shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total of all Seller’s barges unloaded in this sequence, The assigned unloaded weight for each such Shipment shall be proportioned based upon Seller’s load weight for each barge and the total weight for all Seller’s barges unloaded in that sequencepossible after loading. Scales (whether Buyer’s or Seller’s) shall be operated in accordance with NIST Handbook 44. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversight. Seller Either Party shall have the right, at Seller’s its expense and upon reasonable notice, to have the Buyerother Party’s scales checked for accuracy at any reasonable time or frequency. If the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 [***] days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, shall pay to the other such amounts owed as a result of the that recalculation, and Buyer shall reimburse Seller for the expenses incurred in checking the accuracy of said scales. If the Seller’s scales are used for payment purposes and are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards (the “Tolerance”), then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 [***] days) based on the percentage of variance identified for the scales from the Tolerance, plus the amount of the Tolerance. Buyer or Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred in checking the accuracy of said scales.

Weights. Except Seller shall determine and transmit to Buyer loading weights on the basis of certified scales or barge draft weights at the loading point and qualitative analysis for each Shipment of coal, as quickly as possible. However, except as otherwise provided herein or if the parties agree otherwise, the weight of each coal Shipment delivered hereunder under this Agreement shall be determined for payment purposes (the “Payment Weight”) by Buyer Seller on the basis of certified scale weights at either the generating stationRail Delivery Point, or draft weights as calculated by a qualified person at the Barge Delivery Point or Seller’s certified truck scales at each shipping point to be applied to coal delivered to the Truck Delivery Point. Seller shall provide Buyer with a written copy of Seller’s drafting procedure. Seller shall notify Buyer of any requested changes to the drafting procedure, and gain Buyer’s approval prior to making any changes to the drafting procedure. Buyer shall have the right, at Buyer’s expense and upon reasonable notice, to have the draft survey checked for accuracy at any reasonable time or frequency. If Buyerthe draft survey is found to be over or under tolerance range allowable for the draft survey based on industry accepted standards, either party shall pay to the other any amounts owed due to such inaccuracy for a period not to exceed thirty (30) days before the time any inaccuracy of draft survey is determined. If Seller’s belt scale is inoperable or if Buyer Seller fails to obtain a sample of the coal for qualitative analysis upon unloadingloading, the SellerBuyer’s loading unloading weight shall be used for the relevant Shipment Shipment, and the SellerBuyer’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller Buyer will be notified as soon as possible whenever the BuyerSeller’s belt certified scale or sampling equipment is out of operation. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all coal delivered and unloaded at Buyer’s Xxxxxxx County Generating Station, the unloaded weight for each Shipment, shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total of all Seller’s barges unloaded in this sequence, . The assigned unloaded weight for each such Shipment shall be proportioned based upon Seller’s load weight for each barge and the total weight for all Seller’s barges unloaded in that sequence. Scales (whether Buyer’s or Seller’s) shall be operated in accordance with NIST Handbook 44. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversight. Seller shall have the right, at Seller’s expense and upon reasonable notice, to have the Buyer’s scales checked for accuracy at any reasonable time or frequency. If the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Buyer shall reimburse Seller for the expenses incurred in checking the accuracy of said scales. If the Seller’s scales are used for payment purposes and are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards (the “Tolerance”), then Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the percentage of variance identified for the scales from the Tolerance, plus the amount of the Tolerance. Buyer or Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred in checking the accuracy of said scales.Handbook