Common use of QUANTITY AND QUALITY DETERMINATION Clause in Contracts

QUANTITY AND QUALITY DETERMINATION. 3.1 Specifications and Warranty: 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 Coke delivered hereunder shall be determined from measurements and samples taken at the point and time of loading. All measurements (including draft surveys) & 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 Coke delivered shall be determined by a mutually appointed Independent Inspection Company (“IIC”) (i) by draft survey weights for shipments by Vessel; (ii) by certified truck or ▇▇▇▇▇▇ weigh scales for shipments by truck; and (iii) by certified railroad or ▇▇▇▇▇▇ 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 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 Specifications and Warranty: Seller does not warrant that any particular Coke will have For marine cargoes or Tank-to-Tank Transfers, as the physical characteristics identified in these General Terms and Conditions or any Transaction as “typical.” 3.2 FOBcase may be, CFR and CIF Deliveries - Quality, Quantity and Measurement: The the quantity and quality of Coke delivered hereunder shall be determined from measurements and samples taken at the point and time of loading. All measurements (including draft surveys) & 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 Coke cargo received or delivered shall be determined by a mutually appointed Independent Inspection Company (“IIC”) (i) by draft survey weights for shipments by Vessel; (ii) by certified truck or ▇▇▇▇▇▇ weigh scales for shipments by truck; and (iii) by certified railroad or ▇▇▇▇▇▇ 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 in Each Party shall have the applicable Confirmationright to witness the measurement and sampling processes, provided adequate notification is given to interested parties. All measurement & sampling equipment, procedures, calculations, and practices (whether performed by IIC or by the Parties shall equally share the costs of IICs. Seller shall bear the cost of weighing the 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 Terminal Operator) shall be entitled to claim directly from the insurer and Seller shall provide Buyer performed in conformance with the insurance policy or other evidence of insurance coverage. Unless otherwise agreedmost current International measurement, the insurance shall cover “all risks” of contamination sampling and “all risks” of physical loss or damage to the cargo from any external cause as per analysis standards (API MPMS, The Energy Institute Cargo Clauses-A Hydrocarbon Management (EI HM), International Organization for Standardization (ISO), National Institute of London UnderwritersStandards and Technology (NIST) and ASTM). Volumes shall be adjusted from observed conditions to standard volumes and weight in accordance with the latest revision of API MPMS Chapter 11 (e.g. Table 6B or Bulk Oil Clauses SP-13C54B, etc. whichever table is applicable to that commodity). 3.2 All measurements for marine cargoes or Tank-to-Tank Transfers, as the case may be, shall be determined by one of the following methods in descending order of preference, as applicable: (a) Meters. Meters at or near the point of transfer shall determine the quantity of cargo received or delivered. The IIC shall, where possible, verify the accuracy of all relevant metering equipment, 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 Buyertemperature and pressure measurement devices, Seller shall provide at Buyer's expense, war, strikes, riots transmitters and civil commotions risk insurances, if procurablecalculations as well as corresponding meter proving and calibration documentation. 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.1

QUANTITY AND QUALITY DETERMINATION. 3.1 Specifications For marine cargoes and Warranty: Seller does not warrant that any particular Coke will have Tank-to-Tank Transfers, as the physical characteristics identified in these General Terms and Conditions or any Transaction as “typical.” 3.2 FOBcase may be, CFR and CIF Deliveries - Quality, Quantity and Measurement: The quantity and quality of Coke delivered hereunder shall be determined from measurements and samples taken at the point and time of loading. All measurements (including draft surveys) & 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 Coke cargo received or delivered shall be determined by a mutually appointed Independent Inspection Company (“IIC”) (i) by draft survey weights for shipments by Vessel; (ii) by certified truck or ▇▇▇▇▇▇ weigh scales for shipments by truck; and (iii) by certified railroad or ▇▇▇▇▇▇ 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 in Each Party shall have the applicable Confirmationright to witness the measurement and sampling processes, the Parties shall equally share the costs of IICsprovided adequate notification is given to interested Parties. Seller shall bear the cost of weighing the Coke delivered into Buyer's railcars All measurement & sampling equipment, procedures, calculations, 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 practices shall be entitled to claim directly from the insurer and Seller shall provide Buyer performed in conformance with the insurance policy or other evidence of insurance coverage. Unless otherwise agreedmost current International measurement, the insurance shall cover “all risks” of contamination sampling and “all risks” of physical loss or damage to the cargo from any external cause as per testing standards (API MPMS, The Energy Institute Cargo Clauses-A Hydrocarbon Management (EI HM), International Organization for Standardization (ISO), National Institute of London UnderwritersStandards 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 Bulk Oil Clauses SP-13CTank-to-Tank Transfers, as the case may be, shall be determined by one of the following methods in descending order of preference, as applicable; (a) Meters. Meters at or near the point of transfer shall determine the quantity of cargo received or delivered. The IIC shall, where possible, verify the accuracy of all relevant metering equipment, 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 Buyertemperature and pressure measurement devices, Seller shall provide at Buyer's expense, war, strikes, riots transmitters and civil commotions risk insurances, if procurablecalculations as well as corresponding meter proving and calibration documentation. 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.1

QUANTITY AND QUALITY DETERMINATION. 3.1 Specifications and Warranty: Seller does not warrant that any particular Coke will have For marine cargoes, 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 Coke delivered hereunder shall be determined from measurements and samples taken at the point and time of loading. All measurements (including draft surveys) & 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 Coke cargo received or delivered shall be determined by a mutually appointed Independent Inspection Company (“IIC”) (i) by draft survey weights for shipments by Vessel; (ii) by certified truck or ▇▇▇▇▇▇ weigh scales for shipments by truck; and (iii) by certified railroad or ▇▇▇▇▇▇ 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 in Each Party shall have the applicable Confirmationright to witness the measurement processes, provided adequate notification is given to interested parties. All measurement & sampling equipment, procedures, calculations, and practices (whether performed by IIC or by the Parties shall equally share the costs of IICs. Seller shall bear the cost of weighing the 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 Terminal Operator) shall be entitled to claim directly from the insurer and Seller shall provide Buyer performed in conformance with the insurance policy or other evidence most current International measurement, sampling and analysis standards (API Manual of insurance coverage. Unless otherwise agreedPetroleum Measurement Standards (MPMS), 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 The Energy Institute Cargo Clauses-A Hydrocarbon Management (HM), ISO, National Institute of London UnderwritersStandards and Technology (NIST) and ASTM. Volumes shall be adjusted from observed conditions to standard volumes and weight in accordance with the latest revision of API MPMS Chapter 11 (e.g. Table 6B or Bulk Oil Clauses SP-13C54B, etc. whichever table is applicable to that commodity). 3.2 All measurements for marine cargoes shall be determined by one of the following methods in descending order of preference: (a) Meters. Meters at or near the point of transfer shall determine the quantity of cargo received or delivered. The IIC shall, where possible, verify the accuracy of all relevant metering equipment, 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 Buyertemperature and pressure measurement devices, Seller shall provide at Buyer's expense, war, strikes, riots transmitters and civil commotions risk insurances, if procurablecalculations as well as corresponding meter proving and calibration documentation. 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.1