Reading and Testing Sample Clauses

Reading and Testing. Readings of each of the Applicable Measuring Devices shall be taken and recorded, and inspections, tests and calibrations shall be performed, in accordance with generally accepted engineering practices and standards applicable to utility metering and the provisions set forth with respect to each such Applicable Measuring Device in Exhibit A. MESC and KCTC shall each be responsible for one-half of all costs of the third party contractor who will perform such inspection and testing (the "Metering Contractor") except under the circumstances indicated in Section 5(b)(ii). MESC shall be responsible for reading all Applicable Measuring Devices, and will, subject to KCTC approval (which shall not be unreasonably withheld), contract with the Metering Contractor. MESC shall have the right to conduct routine maintenance on, and to perform emergency repairs with respect to, the Applicable Measuring Devices, provided it shall notify KCTC that such maintenance or emergency repair will take place. A Party shall be given access to all Applicable Measuring Devices located on the property of the other Party upon reasonable notice to such other Party, and each Party shall have the right to be present during any readings, inspections or tests of the Applicable Measuring Devices. Except with respect to the inspection and testing functions carried out by the Metering Contractor and with respect to the routine maintenance or emergency repairs carried out by MESC in accordance with this Section 5(b)(i), the Parties shall not, and shall not permit others to, adjust, modify or otherwise interfere with or replace any component of the Applicable Measuring Devices unless each of the Parties agrees in writing, such approval not to be unreasonably withheld or delayed. If an Applicable Measuring Device is adjusted, modified or interfered with contrary to this Section 5(b)(i), the portion of the Applicable Measuring Device which the Parties agree may have been affected shall be tested by the Metering Contractor, and the cost of such test shall be borne by the Party which so adjusted, modified or interfered with such Applicable Measuring Device. If the Applicable Measuring Device so tested is determined to be accurate, such Applicable Measuring Device shall be certified and sealed by the Metering Contractor.
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Related to Reading and Testing

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  • Sampling and Analysis The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining the quality and characteristics of the coal delivered under this Agreement and as the Payment Analysis. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality shall be the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer. One (1) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) part shall be retained by Buyer until thirty (30) days after the sample is taken (“Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 Seller, on reasonable notice to Buyer, shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the Referee Sample before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Contract No. J12004

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