Final Analysis Based on Umpire’s Assay Sample Clauses

Final Analysis Based on Umpire’s Assay. If either Party shall so refer the matter to the Umpire, then the Umpire’s assay shall be made using one of the reserve samples referred to in Section 9.5. The Umpire shall be instructed to advise both Seller and Buyer of the results of the Umpire’s assay by e-mail and mail. If:
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Final Analysis Based on Umpire’s Assay. If an Umpire’s assay in respect of an element falls between the applicable assays of the Seller and the Buyer, the mean of the result of the Umpire’s assay and the result of the assay of the Party whose result is nearer to the Umpire’s result shall be final and binding on the Parties hereto. Otherwise, the middle assay of the three assays shall be taken as the agreed assay. The cost of the Umpire assay shall be paid by the Party whose assay is further from the Umpire assay. When the Umpire assay is the exact mean of the other two, then these charges shall be shared equally by the Seller and the Buyer.

Related to Final Analysis Based on Umpire’s Assay

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