Common use of SAMPLING AND ANALYSES Clause in Contracts

SAMPLING AND ANALYSES. A recognized independent laboratory ("Independent Lab"), experienced in the sampling and analyzing of coal, shall be mutually agreed upon by Buyer and Sales Agent/Producer, and shall be engaged by each Party to perform the sampling and analysis of all coal shipped hereunder. Independent Lab shall sample shipments at the Operations, located near Drennen, West Virginia. The Independent Lab shall perform its sampling and analysis in accordance with standards approved by the American Society for Testing and Materials ("ASTM"). The Independent Laboratory shall divide the sampled material into four (4) sample splits identified as follows: (a) Laboratory analyses, (b) Referee split, (c) Seller's split and (d) Buyer's split. The Independent Laboratory shall provide upon request the sample splits to Buyer and/or Seller as soon as the sample is prepared. A proximate and grind analysis shall be done by the Independent Lab for each shipment. Except as hereinafter provided the results of the sampling and analyses by the Independent Lab with respect to samples taken from any shipment shall be accepted as the quality and characteristics of that shipment. The cost of the Independent Lab's services for such sampling and analyzing of the coal in each shipment shall be paid for by the Buyer and the Seller equally. Buyer shall have the right to have a representative present at any and all times to observe the sampling, inspect the Independent Lab and take check samples at the Operations, and Buyer may also analyze the coal either from its own samples or from samples taken by Independent Lab. The Independent Lab shall retain for a period of 60 days the Referee split coal sample taken so that Buyer and/or Seller or a commercial laboratory of their choice may analyze such sample. If the Buyer or Seller should question the correctness of the analyses made by the Independent Laboratory, they may, within 30 days after the train's unloading, notify the other Party in writing to request that the Referee split be analyzed by a second mutually agreeable Independent Laboratory. This notification should specify which analytical parameter or parameters are in dispute. The Independent Laboratory shall provide the Referee Laboratory with the properly identified sealed sample. The integrity of the moisture in reserve samples is the most difficult to preserve. Therefore, if the moisture value is in dispute, the governing result will be the higher of the values reported by the Independent and Referee Laboratory. Other analytical parameters shall be determined on a 'dry basis' and corrected to the 'as received' basis using the governing moisture. The following are the acceptable tolerance for other test parameters: Ash +/- 0.3%; Sulphur +/- 0.03%; Volatile +/- 0.5%; Calorific Value +/- 100 BTU/LB; Ash Fusion Temperature I.D. +/- 75 Degrees F. and HGI 3. Should the results fall within these tolerances, the results of the Independent Laboratory will stand. Should the results fall outside the tolerance, the average dry basis analyses of the Independent Laboratory and Referee analyses shall be the governing result. Should the grindability (HGI) result be in dispute, the Referee Laboratory will prepare a physical composite sample from the Referee sample, then distribute a split of the physical composite sample to an additional laboratory. If the HGI test result of the second laboratory is within tolerance, the original laboratory result will stand. If out of tolerance, the average of the two Referee results will be the governing analysis. The cost of this Referee analysis will be paid by the Party requesting the check analysis. Neither Party shall require the other Party to use equipment or procedures which exceed the requirements of ASTM.

SAMPLING AND ANALYSES. A recognized independent laboratory ("Independent Lab"), Laboratory experienced in the sampling and analyzing of coal, shall be mutually agreed upon by Buyer and Sales Agent/ProducerSeller, and shall be engaged by each Party party to perform the sampling and analysis of all coal shipped hereunder. Independent Lab During the loading of the barges, sample increments shall sample shipments at be collected by the Operationsmost reliable, located near Drennen, West Virginiapractical and mutually agreeable procedures. The Independent Lab frequency and mass of the increments shall perform its sampling and analysis be in accordance with standards approved by the American Society for Testing and Materials ("ASTM")ASTM standards. The Independent Laboratory cargo shall divide be divided into 5,000 MT sublots. The preparation of each sublot sample shall yield the sampled material into following four (4) mesh sample splits identified as followssplits: (a) Laboratory laboratory analyses, (b) Referee referee split, (c) Seller's split and (d) Buyer's split. The Independent Laboratory Lab shall provide upon request the sample splits of the sublot samples to the Buyer and/or Seller as soon as the sample is prepared. A proximate The Independent Lab shall properly identify, seal, and grind analysis retain the referee splits of each sublot sample for a period of 60 days so that the Buyer or Seller may analyze such samples. The sublot samples shall be done by the Independent Lab analyzed for each shipmenttotal moisture, ash, sulfur, volatile, and gross calorific value (BTU/LB). Except as hereinafter provided The initial sublot(s) shall be tested immediately and the results reported to Seller and Buyer/Buyer's Agent upon completion of testing. The Vessel certified analyses shall be the weighted mathematical average of all sublot values for moisture, ash, volatile, sulphur and calorific value. A physical composite sample of the sampling and analyses by the Independent Lab with respect to sublot samples taken from any shipment shall be accepted as the quality prepared and characteristics of that shipmentanalyzed for grindability index (HGI), ash fusion temperature, mineral ash, and ultimate analyses. The cost of the Independent Lab's services for such sampling and analyzing of the coal in each shipment shall be paid for by the Buyer and the Seller Seller, equally. Buyer shall have the right to have a representative present at any and all times to observe the sampling, inspect the Independent Lab and take check samples at the Operations, and Buyer may also analyze the coal either from its own samples or from samples taken by Independent Lab. The Independent Lab shall retain for a period of 60 days the Referee split coal sample taken so that Buyer and/or Seller or a commercial laboratory of their choice may analyze such sample. If the Buyer or Seller should question the correctness of the analyses made by the Independent LaboratoryLab, they may, within 30 days after the train's Vessel unloading, notify the other Party in writing to request that the Referee split splits be analyzed by a second mutually agreeable Independent Laboratory. This notification should specify which analytical parameter or parameters are in dispute. The Independent Laboratory Lab shall provide the Referee Laboratory Lab with the properly identified sealed samplesublot samples. The integrity of the moisture in reserve samples is the most difficult to preserve. Therefore, if the moisture value is in dispute, the governing result will be the higher of the values averaged value reported by the Independent and Referee Laboratory. Other analytical parameters shall be determined on a 'dry basis' and corrected to the 'as received' basis using the governing moisture. The following are the acceptable tolerance for other test parameters: Ash +/- 0.3%; Sulphur +/- 0.03%; Volatile +/- 0.5%; Calorific Value +/- 100 BTU/LB; Ash Fusion Temperature I.D. +/- 75 Degrees F. and HGI 3. Should the results fall within these tolerances, the results of the Independent Laboratory Lab will stand. Should the results fall outside the tolerance, the average dry basis analyses of the Independent Laboratory and Referee analyses shall be the governing result. Should the grindability (HGI) result be in dispute, the Referee Laboratory Lab will prepare a physical composite sample from the Referee samplesublot samples, then distribute a split of the physical composite sample to an additional laboratory. If the HGI test result of the second laboratory is within tolerance, the original laboratory result will stand. If out of tolerance, the average of the two Referee results will be the governing analysis. The cost of this Referee analysis will be paid by the Party requesting the check analysis. Neither Party party shall require the other Party party to use equipment or procedures which exceed the requirements of ASTM.