Common use of Method for Determining Final Analysis Clause in Contracts

Method for Determining Final Analysis. (a) From the samples taken in accordance with Article 8, assays for the final agreed content of Payable Metals and Penalty Elements respectively, shall be made independently by the Seller’s and the Purchasers’ Agent’s nominated laboratories. Unless otherwise agreed, the Purchasers’ Agent’s nominated laboratory shall be either the Receiving Works’ laboratory or an internationally recognized third party assay laboratory. Determination for gold and silver assays shall be made in accordance with fire assay methods corrected for slag loss and cupel absorption. Umpires, when required, shall be instructed accordingly. The results of such assays shall be exchanged simultaneously on a lot-by-lot basis by courier or by email using password protected documents within 45 days from the samples sealing date as set out in Section 8.4. The Purchasers’ Agent and Seller shall obtain and share with the other Party an original assay certificate issued by their respective nominated laboratory and signed by such laboratory’s chief chemist. In the event the Seller is nominating a non-independent laboratory, the Purchasers’ Agent shall have the right from time to time to request from the Seller a certification from an international recognized third party as to the procedures used by the non-independent laboratory meeting internationally recognized standards. (b) If one Party is unable to so exchange its assay results due to a valid and justifiable reason within such 45-day period, then upon the request of such Party, the other Party shall, in good faith, consider an extension of time limit for exchanging the assays. In the event one Party fails to so exchange its assay results for a particular Parcel, the assay results of the other Party for that Parcel shall be deemed to be conclusive. (c) The mean of such results shall be final and binding upon the Parties as the agreed assay for the relevant Parcel, if such results show that the differences between the Seller’s and the Purchasers’ Agent’s assays for that Parcel do not exceed the following splitting limits (the “Splitting Limits”): Copper (Cu) 0.20% Gold (Au) 0.1 grams per DMT Silver (Ag) 5.0 grams per DMT Arsenic (As) 0.10% Antimony (Sb) 100 ppm Bismuth (Bi) 100 ppm Lead (Pb) 0.10% Zinc (Zn) 0.10% Mercury (Hg) 5 ppm (d) Seller and the Purchasers’ Agent shall from time to time review the Splitting Limits as set out in Section 9.2(c) to determine if adjustments to the Splitting Limits are appropriate. (e) All assays (including Umpire assays) shall show copper content to 1/100 of one per cent and gold and silver content to the nearest 1/10 of a gram per DMT. (f) In the event that the Splitting Limits are not representative based on the agreed Concentrate Specifications, either Party may request an adjustment to such Splitting Limits. In the event that the Parties do not agree to an adjustment, it may be submitted to Referees pursuant to Article 11.

Method for Determining Final Analysis. (a) From the samples taken in accordance with Article 8, assays for the final agreed content of Payable Metals and Penalty Elements respectively, shall be made independently by the Seller’s and the Purchasers’ Agent’s nominated laboratories. Unless otherwise agreed, the Purchasers’ Agent’s nominated laboratory shall be either the Receiving Works’ laboratory or an internationally recognized third party assay laboratory. Determination for gold and silver assays shall be made in accordance with fire assay methods corrected for slag loss and cupel absorption. Umpires, when required, shall be instructed accordingly. The results of such assays shall be exchanged simultaneously on a lot-by-lot basis by courier or by email using password protected documents within 45 days from the samples sealing date as set out in Section 8.48.5. The Purchasers’ Agent and Seller shall obtain and share with the other Party an original assay certificate issued by their respective nominated laboratory and signed by such laboratory’s chief chemist. In the event the Seller is nominating a non-independent laboratory, the Purchasers’ Agent shall have the right from time to time to request from the Seller a certification from an international recognized third party as to the procedures used by the non-independent laboratory meeting internationally recognized standards. (b) If one Party is unable to so exchange its assay results due to a valid and justifiable reason within such 45-day period, then upon the request of such Party, the other Party shall, in good faith, consider an extension of time limit for exchanging the assays. In the event one Party fails to so exchange its assay results for a particular Parcel, the assay results of the other Party for that Parcel shall be deemed to be conclusive. (c) The mean of such results shall be final and binding upon the Parties as the agreed assay for the relevant Parcel, if such results show that the differences between the Seller’s and the Purchasers’ Agent’s assays for that Parcel do not exceed the following splitting limits limit (the “Splitting LimitsLimit”): Copper Molybdenum (CuMo) 0.20% Gold (Au) 0.1 grams per DMT Silver (Ag) 5.0 grams per DMT Arsenic (As) 0.10% Antimony (Sb) 100 ppm Bismuth (Bi) 100 ppm Lead (Pb) 0.10% Zinc (Zn) 0.10% Mercury (Hg) 5 ppm0.30% (d) Seller and the Purchasers’ Agent shall from time to time review the Splitting Limits Limit as set out in Section 9.2(c) to determine if adjustments to the Splitting Limits Limit are appropriate. (e) All assays (including Umpire assays) shall show copper molybdenum content to 1/100 of one per cent and gold and silver content to the nearest 1/10 of a gram per DMTcent. (f) In the event that the Splitting Limits are Limit is not representative based on the agreed Concentrate Specifications, either Party may request an adjustment to such Splitting LimitsLimit. In the event that the Parties do not agree to an adjustment, it may be submitted to Referees pursuant to Article 11.