Common use of Determination of Quantity and Quality Clause in Contracts

Determination of Quantity and Quality. The quantity and quality Delivered by marine vessel shall be determined in the manner specified in Section 7.2, Section 7.3 and Section 7.4 of this Contract, except as follows: (A) Chevron agrees to advise the Independent Inspector, prior to commencing a Marine Delivery of LSFO or any component thereof from Chevron’s vessel, the API gravity and flash point in degrees Fahrenheit shown on the port of loading Quality Certificate representing the quality of said LSFO or component thereof. (B) In order to reduce the likelihood of Chevron’s Marine Delivery of LSFO, [ - - - ], or component thereof resulting in quality problems occurring in HECO’s receiving tank(s), Chevron agrees to test a volumetric weighted average composite of samples representative of the LSFO, [ - - - ] or component thereof to be shipped to HECO’s receiving tanks (“Precautionary Sample”). The Precautionary Sample shall be drawn after the arrival of the vessel in Hawaii state waters, but prior to the commencement of the Marine Delivery, and shall be tested by Refinery’s laboratory. Chevron agrees that should a pre-discharge computer blend simulation representing the quality of a volumetric weighted average mixture of the Precautionary Sample, components of the Marine Delivery in questions previously shipped to HECO’s receiving tanks and other LSFO and [ - - - ] or components available to be shipped from the Refinery reasonably indicate the Marine Delivery in question will not conform to the quality specified in Article 4, Chevron will instruct the vessel operator not to commence Delivery of its cargo to HECO’s receiving tanks without HECO’s express permission. (C) In order to reduce the likelihood of Chevron’s Marine Delivery of [ - - - ] resulting in quality problems occurring in HECO’s receiving tank(s), Chevron agrees to test a volumetric weighted average composite sample of the [ - - - ] cargo at the [ - - - ] to ensure that the product meets specifications. The sample (“Precautionary Sample”) shall be divided into three (3) parts, one of which is to be tested by Chevron’s laboratory, one to be sent [ - - - ] to HECO for the purpose of verifying Seller’s test results, and one part sealed and retained by the Independent Inspector, to be retained for a period of not less than three (3) months. Chevron agrees to provide HECO and the Independent Inspector with the results of its determinations representing the quality of the Precautionary Sample. (D) The quality and BTU content of the LSFO Delivered shall be determined on the basis of a volumetric weighted average composite of samples drawn from HECO’s receiving tank(s) in such manner as to be representative of the entire Marine Delivery (also “Tank Final Sample”). The Tank Final Sample shall be divided and otherwise handled in accordance with the provisions of Section 7.2. (E) Quantity of the LSFO Delivered via a Marine Delivery shall be determined at the time of each Marine Delivery by gauging HECO’s tank(s) before and after pumping. Quantities sold and Delivered pursuant to this Section 8.5 shall be calculated in accordance with the current measurement standards adopted by industry, ASTM, API and other recognized standard-setting bodies as are applicable in the opinion of the Independent Inspector and shall be expressed in G.S.V., U.S. barrels at 60 degrees Fahrenheit.

Determination of Quantity and Quality. The quantity and quality Delivered by marine vessel shall be determined in the manner specified in Section 7.2, Section 7.3 and Section 7.4 6.4 of this Contract, except as follows: (A) Chevron 1. Seller agrees to advise the Independent Inspector, prior to commencing a Marine Delivery of LSFO Fuel or any component thereof from ChevronSeller’s vessel, the API gravity and flash point in degrees Fahrenheit shown on the port of loading Quality Certificate representing the quality of said LSFO Fuel or component thereof. (B) 2. In order to reduce the likelihood of ChevronSeller’s Marine Delivery of LSFOFuel, [ - - - ]Fuel blendstock, or component thereof resulting in quality problems occurring in HECOHawaiian Electric’s receiving tank(s), Chevron Seller agrees to test a volumetric weighted average composite of samples representative of the LSFOFuel, [ - - - ] Fuel blendstock or component thereof to be shipped to HECOHawaiian Electric’s receiving tanks (“Precautionary Sample”). The Precautionary Sample shall be drawn after the arrival of the vessel in Hawaii state waters, but prior to the commencement of the Marine Delivery, and shall be tested by Refinery’s laboratory. Chevron Seller agrees that should a pre-discharge computer blend simulation representing the quality of a volumetric weighted average mixture of the Precautionary Sample, components of the Marine Delivery in questions previously shipped to HECOHawaiian Electric’s receiving tanks and other LSFO and [ - - - ] Fuel, Fuel blendstock or components available to be shipped from the Refinery reasonably indicate the Marine Delivery in question will not conform to the quality specified in Article 4, Chevron Exhibit A. Seller will instruct the vessel operator not to commence Delivery of its cargo to HECOHawaiian Electric’s receiving tanks without HECOHawaiian Electric’s express permission. (C) In order to reduce the likelihood of Chevron’s Marine Delivery of [ - - - ] resulting in quality problems occurring in HECO’s receiving tank(s), Chevron agrees to test a volumetric weighted average composite sample of the [ - - - ] cargo at the [ - - - ] to ensure that the product meets specifications3. The sample (“Precautionary Sample”) shall be divided into three (3) parts, one of which is to be tested by Chevron’s laboratory, one to be sent [ - - - ] to HECO for the purpose of verifying Seller’s test results, and one part sealed and retained by the Independent Inspector, to be retained for a period of not less than three (3) months. Chevron agrees to provide HECO and the Independent Inspector with the results of its determinations representing the quality of the Precautionary Sample. (D) The quality and BTU content of the LSFO Fuel Delivered shall be determined on the basis of a volumetric weighted average composite of samples drawn from HECOHawaiian Electric’s receiving tank(s) in such manner as to be representative of the entire Marine Delivery (also “Tank Final Sample”). The Tank Final Sample shall be divided and otherwise handled in accordance with the provisions of Section 7.26.4(c). (E) 4. Quantity of the LSFO Fuel Delivered via a Marine Delivery shall be determined at the time of each Marine Delivery by gauging HECOHawaiian Electric’s tank(s) before and after pumping. Quantities sold and Delivered pursuant to this Section 8.5 6.1. shall be calculated in accordance with the current measurement standards adopted by industry, ASTM, API and other recognized standard-setting bodies as are applicable in the opinion of the Independent Inspector and shall be expressed in G.S.V., U.S. barrels at 60 degrees FahrenheitDF.

Determination of Quantity and Quality. The quantity and quality of LSFO Delivered by marine vessel shall be determined in the manner specified in Section Sections 7.2, Section 7.3 and Section 7.4 of this Contract, except as follows: (Aa) Chevron agrees to advise the Independent Inspector, prior to commencing a Marine Delivery of LSFO or any component thereof from Chevron’s 's vessel, the API gravity and flash point in degrees Fahrenheit F. shown on the port of loading Quality Certificate representing the quality of said LSFO or component thereof. (Bb) In order to reduce the likelihood of Chevron’s 's Marine Delivery of LSFO, [ - - - ], or component thereof resulting in quality problems occurring in HECO’s 's receiving tank(s), Chevron agrees to test a volumetric weighted average composite of samples representative of the LSFO, [ - - - ] LSFO or component thereof to be shipped to HECO’s 's receiving tanks (“"Precautionary Sample”"). The Precautionary Sample shall be drawn after the arrival of the vessel in Hawaii state Hawaiian waters, but prior to the commencement of the Marine Delivery, and shall be tested by Refinery’s Chevron's Refinery laboratory. Chevron agrees that should a pre-discharge computer blend simulation representing the quality of a volumetric weighted average mixture of the Precautionary Sample, components of the Marine Delivery in questions previously shipped to HECO’s 's receiving tanks and other LSFO and [ - - - ] or components available to be shipped from the Chevron's Refinery reasonably indicate the Marine Delivery in question will not conform to the quality specified in Article 4, Chevron will instruct the vessel operator not to commence Delivery of its cargo to HECO’s 's receiving tanks without HECO’s 's express permission. (C) In order to reduce the likelihood of Chevron’s Marine Delivery of [ - - - ] resulting in quality problems occurring in HECO’s receiving tank(s), Chevron agrees to test a volumetric weighted average composite sample of the [ - - - ] cargo at the [ - - - ] to ensure that the product meets specifications. The sample (“Precautionary Sample”) shall be divided into three (3) parts, one of which is to be tested by Chevron’s laboratory, one to be sent [ - - - ] to HECO for the purpose of verifying Seller’s test results, and one part sealed and retained by the Independent Inspector, to be retained for a period of not less than three (3) months. Chevron agrees to provide HECO and the Independent Inspector with the results of its determinations representing the quality of the Precautionary Sample. (Dc) The quality and BTU content of the LSFO Delivered shall be determined on the basis of a volumetric weighted average composite of samples drawn from HECO’s 's receiving tank(s) in such manner as to be representative of the entire Marine Delivery (also “"Tank Final Sample”"). The Tank Final Sample shall be divided and otherwise handled in accordance with the provisions of Section 7.2. (Ed) Quantity of the LSFO Delivered via a Marine Delivery shall be determined at the time of each Marine Delivery by gauging HECO’s 's tank(s) before and after pumping. Quantities sold and Delivered pursuant to this Section 8.5 shall be calculated in accordance with the current measurement standards adopted by industry, ASTM, API and other recognized standard-setting bodies as are applicable in the opinion of the Independent Inspector and shall be expressed in G.S.V., U.S. barrels at @ 60 degrees Fahrenheit.F.

Determination of Quantity and Quality. The determination of the quantity and quality Delivered by marine vessel of Biomass Fuel delivered shall be determined made by the truck scale weigher at the Boryeong Plant which uses the weight differences between the laden vehicle (before unloading the Biomass Fuel) and the non-laden vehicle (after unloading the Biomass Fuel). Inspection for Biomass Fuel’s quality shall be performed at two points by Analyst, which shall be appointed by the Buyer in consultation with the manner specified Seller : once at the unloading port and again at the the delivery location in Section 7.2, Section 7.3 Boryeong Power Plant. Procedures of sampling for Biomass Fuel’s quality analysis at the unloading port shall be supervised by an international independent inspection company (Analyst) appointed by KOMIPO through mutual negotiation with the Bidder. The result of quality analysis conducted at the unloading port will decide whether the load is acceptable to Buyer. The certificate of Biomass Fuel’s quality analysis conducted at unloading port shall be submitted to the Buyer before discharging at the delivery location. Buyer may delay discharging Biomass Fuel at the DDP Point until receipt of such certificate. The Buyer shall have the right to determine a Surveyor to attend and Section 7.4 observe the inspection procedure at any time. The costs of this Contract, except as follows: (A) Chevron agrees analysis required for the quality certification and the supervision shall be borne by the Seller. The determination of the Biomass Fuel’s quality at the DDP Point shall be final and grounds for the payment. As to advise perform the Independent Inspector, prior to commencing a Marine Delivery of LSFO or any component thereof from Chevron’s vesselinspection, the API gravity Buyer shall appoint the Analyst recognized and flash point in degrees Fahrenheit shown certified on the port ▇▇▇▇▇. The costs incurred in relation to the determination of loading Quality Certificate representing Biomass Fuel’s quality shall be borne by the quality of said LSFO or component thereof. (B) In order to reduce Seller. When discharging the likelihood of Chevron’s Marine Delivery of LSFOBiomass Fuel at the DDP Point, [ - - - ], or component thereof resulting in quality problems occurring in HECO’s receiving tank(s), Chevron agrees to test a volumetric weighted average composite of samples representative sampling of the LSFO, [ - - - ] or component thereof to Biomass Fuel will be shipped to HECO’s receiving tanks (“Precautionary Sample”)performed per cargo by vehicle. The Precautionary Sample shall be drawn after the arrival of the vessel in Hawaii state waters, but prior to the commencement of the Marine Delivery, and shall be tested by Refinery’s laboratory. Chevron agrees that should a pre-discharge computer blend simulation representing the quality of a volumetric weighted average mixture of the Precautionary Sample, components of the Marine Delivery in questions previously shipped to HECO’s receiving tanks and other LSFO and [ - - - ] or components available to be shipped from the Refinery reasonably indicate the Marine Delivery in question will not conform to the quality specified in Article 4, Chevron will instruct the vessel operator not to commence Delivery of its cargo to HECO’s receiving tanks without HECO’s express permission. (C) In order to reduce the likelihood of Chevron’s Marine Delivery of [ - - - ] resulting in quality problems occurring in HECO’s receiving tank(s), Chevron agrees to test a volumetric weighted average composite sample of the [ - - - ] cargo at the [ - - - ] to ensure that the product meets specifications. The sample (“Precautionary Sample”) representative samples shall be divided into three four(4) parts for the following purposes: - One (31) parts, one of which is sample to be tested by Chevron’s laboratory, one to be sent [ - - - ] to HECO for the purpose of verifying Seller’s test results, and one part sealed and retained by the Independent Inspector, to be retained for a period of not less than three (3) months. Chevron agrees to provide HECO and the Independent Inspector with the results of its determinations representing the quality of the Precautionary Sample. (D) The quality and BTU content of the LSFO Delivered shall be determined on the basis of a volumetric weighted average composite of samples drawn from HECO’s receiving tank(s) in such manner as to be representative of the entire Marine Delivery (also “Tank Final Sample”). The Tank Final Sample shall be divided and otherwise handled in accordance with the provisions of Section 7.2. (E) Quantity of the LSFO Delivered via a Marine Delivery shall be determined at the time of each Marine Delivery by gauging HECO’s tank(s) before and after pumping. Quantities sold and Delivered pursuant to this Section 8.5 shall be calculated in accordance with the current measurement standards adopted by industry, ASTM, API and other recognized standard-setting bodies as are applicable in the opinion of the Independent Inspector and shall be expressed in G.S.V., U.S. barrels at 60 degrees Fahrenheit.Analyst;

Determination of Quantity and Quality. The quantity and quality Delivered by marine vessel shall be determined in the manner specified in Section 7.2, Section 7.3 and Section 7.4 of this Contract, except as follows: (A) Chevron agrees to advise the Independent Inspector, prior to commencing a Marine Delivery of LSFO or any component thereof [ - - - ] from Chevron’s vessel, the API gravity and flash point in degrees Fahrenheit shown on the port of loading Quality Certificate representing the quality of said LSFO or component thereof[ - - - ]. (B) In order to reduce the likelihood of Chevron’s Marine Delivery of LSFO, [ - - - ], or component thereof ] resulting in quality problems occurring in HECO’s receiving tank(s), Chevron agrees to test a volumetric weighted average composite of samples representative of the LSFO, [ - - - ] or component thereof to be shipped to HECO’s receiving tanks (“Precautionary Sample”). The Precautionary Sample shall be drawn after the arrival of the vessel in Hawaii state waters, but prior to the commencement of the Marine Delivery, and shall be tested by Refinery’s laboratory. Chevron agrees that should a pre-discharge computer blend simulation representing the quality of a volumetric weighted average mixture of the Precautionary Sample, components of the Marine Delivery in questions previously shipped to HECO’s receiving tanks and other LSFO and [ - - - ] or components available to be shipped from the Refinery reasonably indicate the Marine Delivery in question will not conform to the quality specified in Article 4, Chevron will instruct the vessel operator not to commence Delivery of its cargo to HECO’s receiving tanks without HECO’s express permission. (C) In order to reduce the likelihood of Chevron’s Marine Delivery of [ - - - ] resulting in quality problems occurring in HECO’s receiving tank(s), Chevron agrees to test a volumetric weighted average composite sample of the [ - - - ] cargo at the [ - - - ] to ensure that the product meets specifications. The sample (“Precautionary Sample”) shall be divided into three (3) parts, one of which is to be tested by Chevron’s laboratory, one to be sent [ - - - ] to HECO for the purpose of verifying Seller’s test results, and one part sealed and retained by the Independent Inspector, to be retained for a period of not less than three (3) months. Chevron agrees to provide HECO and the Independent Inspector with the results of its determinations representing the quality of the Precautionary Sample. (D) The quality and BTU content of the LSFO Delivered shall be determined on the basis of a volumetric weighted average composite of samples drawn from HECO’s receiving tank(s) in such manner as to be representative of the entire Marine Delivery (also “Tank Final Sample”). The Tank Final Sample shall be divided and otherwise handled in accordance with the provisions of Section 7.2. (E) Quantity of the LSFO Delivered via a Marine Delivery shall be determined at the time of each Marine Delivery by gauging HECO’s tank(s) before and after pumping. Quantities sold and Delivered pursuant to this Section 8.5 shall be calculated in accordance with the current measurement standards adopted by industry, ASTM, API and other recognized standard-setting bodies as are applicable in the opinion of the Independent Inspector and shall be expressed in G.S.V., U.S. barrels at 60 degrees Fahrenheit.