Common use of QUANTITY AND QUALITY DETERMINATION Clause in Contracts

QUANTITY AND QUALITY DETERMINATION. 3.1 FOB, CFR and CIF Deliveries - Quality, Quantity and Measurement: The quantity and quality of Product delivered hereunder shall be determined from measurements and samples taken at the point and time of loading. All measurements (including draft surveys) and sampling equipment, procedures, calculations, and practices shall be performed according to the most current International measurement, sampling and analysis standards (American Petroleum Institute (API), Energy Institute Hydrocarbon Management (EI HM), International Organization for Standardization (ISO), National Institute of Standards and Technology (NIST) and ASTM International f/k/a American Society for Testing and Materials (ASTM)). Each commercial Party shall have the right to witness the measurement and sampling processes, provided adequate notification is given to interested parties. The quantity of Product delivered shall be determined by a mutually appointed Independent Inspection Company (“IIC”) (i) by certified meters or draft survey weights for shipments by Vessel; (ii) by certified meters or certified truck weigh scales for shipments by truck; and (iii) by certified meters or certified railroad weigh scales for shipments by railcars. Quantity as determined by the IIC shall be final and binding on all Parties and shall be the basis for preparing relevant shipping documents and invoices save fraud and/or manifest error. If, for any reason an IIC is not in attendance or if terminal operating procedures prevail, then quantity as determined by terminal personnel shall be final and binding on all Parties and shall be the basis for preparing relevant shipping documents and invoices save fraud and/or manifest error. Unless otherwise agreed in the applicable Confirmation, the Parties shall equally share the costs of IICs. Seller shall bear the cost of weighing the Product delivered into Buyer's railcars and trucks.

QUANTITY AND QUALITY DETERMINATION. 3.1 FOB, CFR and CIF Deliveries - Quality, Quantity and Measurement: The quantity and quality of Product Coke delivered hereunder shall be determined from measurements and samples taken at the point and time of loading. All measurements (including draft surveys) and & sampling equipment, procedures, calculations, and practices shall be performed according to the most current International measurement, sampling and analysis standards (American Petroleum Institute (API), Energy Institute Hydrocarbon Management (( EI HM), International Organization for Standardization (ISO), National Institute of Standards and Technology (NIST) and ASTM International f/k/a American Society for Testing and Materials (ASTM)). Each commercial Party shall have the right to witness the measurement and sampling processes, provided adequate notification is given to interested parties. The quantity of Product Coke delivered shall be determined by a mutually appointed Independent Inspection Company (“IIC”) (i) by certified meters or draft survey weights for shipments by Vessel; (ii) by certified meters or certified truck weigh scales for shipments by truck; and (iii) by certified meters or certified railroad weigh scales for shipments by railcars. Quantity as determined by the IIC shall be final and binding on all Parties and shall be the basis for preparing relevant shipping documents and invoices save fraud and/or manifest error. If, for any reason an IIC is not in attendance or if terminal operating procedures prevail, then quantity as determined by terminal personnel shall be final and binding on all Parties and shall be the basis for preparing relevant shipping documents and invoices save fraud and/or manifest error. Unless otherwise agreed in the applicable Confirmation, the Parties shall equally share the costs of IICs. Seller shall bear the cost of weighing the Product Coke delivered into Buyer's railcars and trucks 3.2 Insurance - CIF Deliveries: For Coke delivered on a CIF basis, Seller shall obtain cargo insurance such that the Buyer or any other Party having an insurable interest in the cargo shall be entitled to claim directly from the insurer and Seller shall provide Buyer with the insurance policy or other evidence of insurance coverage. Unless otherwise agreed, the insurance shall cover “all risks” of contamination and “all risks” of physical loss or damage to the cargo from any external cause as per Institute Cargo Clauses-A (Institute of London Underwriters) or Bulk Oil Clauses SP-13C, including shortage and/or leakage in excess of 0.50 percent of the ▇▇▇▇ of lading quantity to the extent covered in Institute Cargo Clauses-A or Bulk Oil Clauses SP-13C. If required by Buyer, Seller shall provide at Buyer's expense, war, strikes, riots and civil commotions risk insurances, if procurable. The insurance shall cover the period of time from when risk passes at the load port until the Product reaches its final destination, subject to policy terms and conditions. If, and so long as, voyages to any of the ports of loading or discharge under these General Terms and Conditions or any sea areas through which the Vessel has to travel incur additional insurance or war risk insurance premiums (if applicable) in excess of those prevailing on the date of the applicable Confirmation for Vessel’s hull and machinery or cargo, or both, the cost of such additional insurance shall be paid by Buyer to seller in addition to the price stipulated in the applicable Confirmation.

QUANTITY AND QUALITY DETERMINATION. 3.1 Seller does not warrant that any particular Coke will have the physical characteristics identified in these General Terms and Conditions or any Transaction as “typical.” 3.2 FOB, CFR and CIF Deliveries - Quality, Quantity and Measurement: The quantity and quality of Product Coke delivered hereunder shall be determined from measurements and samples taken at the point and time of loading. All measurements (including draft surveys) and sampling equipment, procedures, calculations, and practices shall be performed according to the most current International measurement, sampling and analysis standards (American Petroleum Institute (API), Energy Institute Hydrocarbon Management (EI HM), International Organization for Standardization (ISO), National Institute of Standards and Technology (NIST) and ASTM International f/k/a American Society for Testing and Materials (ASTM)). Each commercial Party shall have the right to witness the measurement and sampling processes, provided adequate notification is given to interested parties. The quantity of Product Coke delivered shall be determined by a mutually appointed Independent Inspection Company (“IIC”) (i) by certified meters or draft survey weights for shipments by Vessel; (ii) by certified meters truck or certified truck ▇▇▇▇▇▇ weigh scales for shipments by truck; and (iii) by certified meters railroad or certified railroad ▇▇▇▇▇▇ weigh scales for shipments by railcars. Quantity as determined by the IIC shall be final and binding on all Parties and shall be the basis for preparing relevant shipping documents and invoices save fraud and/or manifest error. If, for any reason an IIC is not in attendance or if terminal operating procedures prevail, then quantity as determined by terminal personnel shall be final and binding on all Parties and shall be the basis for preparing relevant shipping documents and invoices save fraud and/or manifest error. Unless otherwise agreed in the applicable Confirmation, the Parties shall equally share the costs of IICs. Seller shall bear the cost of weighing the Product Coke delivered into Buyer's railcars and trucks 3.3 Insurance - CIF Deliveries: For Coke delivered on a CIF basis, Seller shall obtain cargo insurance such that the Buyer or any other Party having an insurable interest in the cargo shall be entitled to claim directly from the insurer and Seller shall provide Buyer with the insurance policy or other evidence of insurance coverage. Unless otherwise agreed, the insurance shall cover “all risks” of contamination and “all risks” of physical loss or damage to the cargo from any external cause as per Institute Cargo Clauses-A (Institute of London Underwriters) or Bulk Oil Clauses SP-13C, including shortage and/or leakage in excess of 0.50 percent of the ▇▇▇▇ of lading quantity to the extent covered in Institute Cargo Clauses- A or Bulk Oil Clauses SP-13C. If required by Buyer, Seller shall provide at Buyer's expense, war, strikes, riots and civil commotions risk insurances, if procurable. The insurance shall cover the period of time from when risk passes at the load port until the Product reaches its final destination, subject to policy terms and conditions. If, and so long as, voyages to any of the ports of loading or discharge under these General Terms and Conditions or any sea areas through which the Vessel has to travel incur additional insurance or war risk insurance premiums (if applicable) in excess of those prevailing on the date of the applicable Confirmation for Vessel’s hull and machinery or cargo, or both, the cost of such additional insurance shall be paid by Buyer to seller in addition to the price stipulated in the applicable Confirmation.

QUANTITY AND QUALITY DETERMINATION. 3.1 FOBFor marine cargoes and Tank-to-Tank Transfers, CFR and CIF Deliveries - Qualityas the case may be, Quantity and Measurement: The quantity and quality of Product delivered hereunder shall be determined from measurements and samples taken at the point and time of loading. All measurements (including draft surveys) and sampling equipment, procedures, calculations, and practices shall be performed according to the most current International measurement, sampling and analysis standards (American Petroleum Institute (API), Energy Institute Hydrocarbon Management (EI HM), International Organization for Standardization (ISO), National Institute of Standards and Technology (NIST) and ASTM International f/k/a American Society for Testing and Materials (ASTM)). Each commercial Party shall have the right to witness the measurement and sampling processes, provided adequate notification is given to interested parties. The quantity of Product cargo received or delivered shall be determined by a mutually appointed Independent Inspection Company (“IIC”) (i) by certified meters or draft survey weights for shipments by Vessel; (ii) by certified meters or certified truck weigh scales for shipments by truck; and (iii) by certified meters or certified railroad weigh scales for shipments by railcars). Quantity as determined by the IIC shall be final and binding on all Parties and shall be the basis for preparing relevant shipping documents and invoices save fraud and/or manifest error. If, for any reason an IIC is not in attendance or if terminal operating procedures prevail, then quantity as determined by terminal personnel Terminal Operator shall be final and binding on all Parties and shall be the basis for preparing relevant shipping documents and invoices save fraud and/or manifest error. Unless otherwise agreed Each Party shall have the right to witness the measurement and sampling processes, provided adequate notification is given to interested Parties. All measurement & sampling equipment, procedures, calculations, and practices shall be performed in conformance with the applicable Confirmationmost current International measurement, sampling and testing standards (API MPMS, The Energy Institute Hydrocarbon Management (EI HM), International Organization for Standardization (ISO), National Institute of Standards and Technology (NIST) and ASTM). Volumes shall be adjusted from observed conditions to a standard temperature of 60 degrees Fahrenheit and a pressure of one standard atmosphere (14.696 PSIA) in accordance with ASTM D-4311, Table 7 in its latest revision. 3.2 All measurements for marine cargoes or Tank-to-Tank Transfers, as the Parties case may be, shall equally share be determined by one of the costs following methods in descending order of IICspreference, as applicable; (a) Meters. Seller Meters at or near the point of transfer shall bear determine the cost quantity of weighing cargo received or delivered. The IIC shall, where possible, verify the Product delivered into Buyer's railcars accuracy of all relevant metering equipment, including temperature and truckspressure measurement devices, transmitters and calculations as well as corresponding meter proving and calibration documentation. 1 1 A Shore Line Fullness Verification (“SLFV”) shall be requested by the IIC and performed using any of the approved SLFV Methods in API MPMS Chapter 17.