Common use of Conclusiveness of Measurements Clause in Contracts

Conclusiveness of Measurements. Quantity and temperature measurements witnessed by the independent inspector as provided in this Article 12 shall be final and binding on the Parties, except in the case of manifest error or fraud. In any event, without prejudice to the right of either Party to pursue a claim in accordance with Article 16, the determination of the independent inspector shall govern for purposes of the quantity stated in the xxxx of lading and the obligation of Buyer to make payment in accordance with the provisions of Article 8.

Appears in 1 contract

Samples: Crude Oil Sales Agreement (NuStar Energy L.P.)

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Conclusiveness of Measurements. Quantity and temperature measurements witnessed made by the independent inspector as provided in this Article 12 23 shall be final and binding on the Partiesparties, except in the case of manifest error or frauderror. In any event, without prejudice to the right of either Party party subsequently to pursue a claim demonstrate manifest error in accordance with Article 16such measurements, the determination of the independent inspector shall govern for purposes of the quantity stated in the xxxx of lading and the obligation of Buyer to make payment in accordance with the provisions of Article 811.

Appears in 1 contract

Samples: Oil Sales Agreement (Neches River Holding Corp)

Conclusiveness of Measurements. Quantity and temperature measurements witnessed by the independent inspector as provided in this Article 12 11 shall be final and binding on the Parties, except in the case of manifest error or frauderror. In any event, without prejudice to the right of either Party to pursue a claim in accordance with Article 1615, the determination of the independent inspector shall govern for purposes of the quantity stated in the xxxx of lading and the obligation of Buyer to make payment in accordance with the provisions of Article 87.

Appears in 1 contract

Samples: Crude Oil Sales Agreement (Lyondell Chemical Co)

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Conclusiveness of Measurements. Quantity and temperature measurements witnessed by the independent inspector as provided in this Article 12 6 shall be final and binding on the Parties, except in the case of manifest error or fraud. In any event, without prejudice to the right of either Party to pursue a claim in accordance with Article 1611, the determination of the independent inspector shall govern for purposes of the quantity stated in the xxxx of lading and the obligation of Buyer to make payment in accordance with the provisions of Article 810.

Appears in 1 contract

Samples: Crude Oil Sales Agreement (NuStar Energy L.P.)

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