Common use of Analysis Clause in Contracts

Analysis. For purposes of this Agreement, the governing analysis of coal samples collected by Seller shall be performed by Standard Laboratories in Evansville, Indiana. All governing analyses performed shall be done in accordance with ASTM standards. Seller shall direct Standard Laboratories to conduct a short proximate analysis of such coal samples and provide the results of such analysis to Buyer at the same time that such results are provided to Seller. If Standard Laboratories fails to deliver any such analytical results to Buyer, Seller shall deliver a copy of such analytical results to Buyer as soon as possible after Buyer’s request. Seller shall or shall cause Standard Laboratories to also provide quick analyses to Buyer for each Shipment. Seller shall use commercially reasonable efforts to cause Standard Laboratories to provide the results of its quick analysis within twenty four (24) hours of delivery of the Shipment, or as soon as reasonably practicable. Each calendar month, Seller shall direct Standard Laboratories to analyze the [**] (as set forth in Exhibit A) of the Monthly Composite Sample (the “Monthly Composite Analysis”), which [**] REPRESENTS CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELTY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT Exhibit 10.3 Standard Laboratories shall provide to Seller and Buyer as soon as reasonably practicable. If Buyer requires monthly analysis of any of the other quality specifications set forth on Exhibit A, Buyer shall provide Seller with reasonable advance notice and Seller shall direct Standard Laboratories to perform the relevant analyses for such additional specifications as part of the Monthly Composite Analysis for that particular month. Not more than once every six calendar months, Buyer may request, and Seller shall cause Standard Laboratories to conduct, a Full Proximate Analysis of the Monthly Composite Sample and such analysis shall be treated as the Monthly Composite Analysis for that particular month. Seller shall require Standard Laboratories to retain samples for thirty (30) days after such results are submitted to Seller, during which period Buyer may request from Seller a split of such samples for purposes of conducting its own analyses. If Buyer does not give Seller notice within such thirty (30) day period that, based on analysis of such split by Buyer, Buyer disagrees with Seller’s analysis, then Seller’s analysis shall apply to all of the Coal in the Shipment from which the sample was taken and shall be the binding basis for any BTU Adjustments and for the exercise of Buyer’s rights to reject coal pursuant to Section 4.3. Buyer’s notice of disagreement with the analyses received from Standard Laboratories, if any, shall be accompanied by the results of Buyer’s analysis. If the Parties cannot reach agreement on the analysis within thirty (30) days following Seller’s receipt of Buyer’s notice, the dispute shall be settled by an analysis performed by a commercial testing laboratory mutually agreed upon by the Parties, and the results of those tests shall be final and binding on the Parties. In the event of a dispute, the cost of the analysis made by such commercial testing laboratory shall be shared equally by the Parties. Until such dispute is resolved, Buyer shall be responsible for payment based on the results of Seller’s analysis.

Analysis. For purposes of this Agreement, the governing analysis of coal samples collected by Seller shall be performed by Standard Laboratories in Evansville, Indiana. All governing analyses performed shall be done in accordance with ASTM standards. Seller shall direct Standard Laboratories to conduct a short proximate analysis of such coal samples and provide the results of such analysis to Buyer at the same time that such results are provided to Seller. If Standard Laboratories fails to deliver any such analytical results to Buyer, Seller shall deliver a copy of such analytical results to Buyer as soon as possible after Buyer’s request. Seller shall or shall cause Standard Laboratories to also provide quick analyses to Buyer for each Shipment. Seller shall use commercially reasonable efforts to cause Standard Laboratories to provide the results of its quick analysis within twenty four (24) hours of delivery of the [**] REPRESENTS CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELTY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT Exhibit 10.2 Shipment, or as soon as reasonably practicable. Each calendar month, Seller shall direct Standard Laboratories to analyze the [**] (as set forth in Exhibit A) of the Monthly Composite Sample (the “Monthly Composite Analysis”), which [**] REPRESENTS CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELTY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT Exhibit 10.3 Standard Laboratories shall provide to Seller and Buyer as soon as reasonably practicable. If Buyer requires monthly analysis of any of the other quality specifications set forth on Exhibit A, Buyer shall provide Seller with reasonable advance notice and Seller shall direct Standard Laboratories to perform the relevant analyses for such additional specifications as part of the Monthly Composite Analysis for that particular month. Not more than once every six calendar months, Buyer may request, and Seller shall cause Standard Laboratories to conduct, a Full Proximate Analysis of the Monthly Composite Sample and such analysis shall be treated as the Monthly Composite Analysis for that particular month. Seller shall require Standard Laboratories to retain samples for thirty (30) days after such results are submitted to Seller, during which period Buyer may request from Seller a split of such samples for purposes of conducting its own analyses. If Buyer does not give Seller notice within such thirty (30) day period that, based on analysis of such split by Buyer, Buyer disagrees with Seller’s analysis, then Seller’s analysis shall apply to all of the Coal in the Shipment from which the sample was taken and shall be the binding basis for any BTU Adjustments and for the exercise of Buyer’s rights to reject coal pursuant to Section 4.3. Buyer’s notice of disagreement with the analyses received from Standard Laboratories, if any, shall be accompanied by the results of Buyer’s analysis. If the Parties cannot reach agreement on the analysis within thirty (30) days following Seller’s receipt of Buyer’s notice, the dispute shall be settled by an analysis performed by a commercial testing laboratory mutually agreed upon by the Parties, and the results of those tests shall be final and binding on the Parties. In the event of a dispute, the cost of the analysis made by such commercial testing laboratory shall be shared equally by the Parties. Until such dispute is resolved, Buyer shall be responsible for payment based on the results of Seller’s analysis.

Analysis. For purposes of this Agreement, the governing analysis of coal samples collected by Seller shall be performed by Standard Laboratories in Evansville, Indiana. All governing analyses performed shall be done in accordance with ASTM standards. Seller shall direct Standard Laboratories to conduct a short proximate analysis of such coal samples and provide the results of such analysis to Buyer at the same time that such results are provided to Seller. If Standard Laboratories fails to deliver any such analytical results to Buyer, Seller shall deliver a copy of such analytical results to Buyer as soon as possible after Buyer’s request. Seller shall or shall cause Standard Laboratories to also provide quick analyses to Buyer for each Shipment. Seller shall use commercially reasonable efforts to cause Standard Laboratories to provide the results of its quick analysis within twenty four (24) hours of delivery of the Shipment, or as soon as reasonably practicable. Each calendar month, Seller shall direct Standard Laboratories to analyze the [**] (as set forth in Exhibit A) of the Monthly Composite Sample (the “Monthly Composite Analysis”), which [**] REPRESENTS CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELTY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT Exhibit 10.3 10.4 Standard Laboratories shall provide to Seller and Buyer as soon as reasonably practicable. If Buyer requires monthly analysis of any of the other quality specifications set forth on Exhibit A, Buyer shall provide Seller with reasonable advance notice and Seller shall direct Standard Laboratories to perform the relevant analyses for such additional specifications as part of the Monthly Composite Analysis for that particular month. Not more than once every six calendar months, Buyer may request, and Seller shall cause Standard Laboratories to conduct, a Full Proximate Analysis of the Monthly Composite Sample and such analysis shall be treated as the Monthly Composite Analysis for that particular month. Seller shall require Standard Laboratories to retain samples for thirty (30) days after such results are submitted to Seller, during which period Buyer may request from Seller a split of such samples for purposes of conducting its own analyses. If Buyer does not give Seller notice within such thirty (30) day period that, based on analysis of such split by Buyer, Buyer disagrees with Seller’s analysis, then Seller’s analysis shall apply to all of the Coal in the Shipment from which the sample was taken and shall be the binding basis for any BTU Adjustments and for the exercise of Buyer’s rights to reject coal pursuant to Section 4.3. Buyer’s notice of disagreement with the analyses received from Standard Laboratories, if any, shall be accompanied by the results of Buyer’s analysis. If the Parties cannot reach agreement on the analysis within thirty (30) days following Seller’s receipt of Buyer’s notice, the dispute shall be settled by an analysis performed by a commercial testing laboratory mutually agreed upon by the Parties, and the results of those tests shall be final and binding on the Parties. In the event of a dispute, the cost of the analysis made by such commercial testing laboratory shall be shared equally by the Parties. Until such dispute is resolved, Buyer shall be responsible for payment based on the results of Seller’s analysis.