Meter Tests. Seller shall ensure that the measuring equipment is accurate and in repair, and that such periodic tests as Seller may deem necessary are made, at least once each calendar quarter. Seller agrees to ensure that Buyer is given reasonable notice of each such test of the measuring equipment in order that, if Buyer desires, Buyer may have its representative present to witness such tests. Such representative shall comply with all relevant site access policies and agreements. If, upon any test, any measuring equipment is found to be inaccurate, such equipment shall be recalibrated, and, to the extent that it affects the aggregate measurement accuracy by an amount exceeding two percent (2%), registrations thereof shall be corrected for a period extending back to the time such inaccuracy occurred, if such time is ascertainable, and, if not ascertainable, then back one-half of the time elapsed since the last date of calibration; provided no retroactive correction shall be made for recorded inaccuracies of less than two percent (2%) in the aggregate. Either party may request special or additional tests of the measuring equipment at the requesting party’s’ sole expense.
Appears in 4 contracts
Samples: Carbon Dioxide Sale and Purchase Agreement (Resolute Energy Partners, LP), Purchase Agreement (Rancher Energy Corp.), Carbon Dioxide Sale and Purchase Agreement (Resolute Energy Corp)
