Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining the quality and characteristics of the coal delivered under this Agreement and as the Payment Analysis. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality shall be the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer. One (1) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) part shall be retained by Buyer until thirty (30) days after the sample is taken (“Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the Referee Sample before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.
Appears in 3 contracts
Sources: Coal Supply Agreement (Armstrong Coal Company, Inc.), Coal Supply Agreement (Armstrong Energy, Inc.), Coal Supply Agreement (Armstrong Energy, Inc.)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or industry-accepted using standards in other casesmutually acceptable to both parties. Samples for analyses shall be taken in accordance with by any ASTM standards or other methods standards mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality , and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloadingdeliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted mutually agreeable changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One .
(1) part shall be used for analysis by Buyer. One ; one (1l) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One ; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) ; and one part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth tenth (5th10th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysishereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the applicable ASTM reproducibility standardsamounts listed above, then the analysis of the Independent Lab results will govern, shall prevail and the prior Buyer’s analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the The cost of the analysis made by the Independent Lab shall be borne by Seller to the party who provided extent that Buyer’s analysis prevails and by Buyer to the original Payment Analysisextent that the analysis of the Independent Lab prevails.
Appears in 3 contracts
Sources: Coal Supply Agreement (Armstrong Coal Company, Inc.), Coal Supply Agreement (Armstrong Energy, Inc.), Coal Supply Agreement (Armstrong Energy, Inc.)
Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facilitySeller, and the results thereof shall be accepted and used as defining the quality and characteristics of the coal delivered under this Agreement and except as the Payment Analysisotherwise provided. All analyses analyses, for moisture %, ash %, sulfur % and Btu, shall be made in Buyer’s by an independent commercial testing laboratory at BuyerSeller’s expense in accordance with ASTM standards where applicable, or industry-industry- accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as as- loaded” quality analysis to Buyer as soon as possible. SellerBuyer’s “as-loadedunloaded” quality shall be the Payment Analysis only when BuyerSeller’s sampler and/or scales are inoperable, or if Buyer Seller fails to obtain a sample upon unloadingloading. Seller Buyer represents that it is familiar with BuyerSeller’s sampling and analysis practices, and that it finds them to be acceptable. Buyer Seller shall notify Seller Buyer in writing of any significant changes in BuyerSeller’s sampling and analysis practices. Any such changes in BuyerSeller’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties Buyer and Seller otherwise mutually agree. Each sample taken by Buyer Seller shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by BuyerSeller. One (1) part shall be used by Buyer Seller as a check sample, if Buyer Seller in its sole judgment determines it is necessary. One (1) part shall be retained by Buyer Seller until thirty (30) days after the sample is taken (“Disposal Date”), ) and shall be delivered to Seller Buyer for analysis if Seller Buyer so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Buyer Seller until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to BuyerSeller, shall have the right to have a representative present to observe the sampling and analyses performed by BuyerSeller. Unless Seller Buyer requests an analysis of the Referee Sample before the Disposal Date, BuyerSeller’s analysis shall be used to determine the quality of the coal delivered hereunder under this Agreement and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Buyer Seller shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.
Appears in 2 contracts
Sources: Coal Supply Agreement, Coal Supply Agreement
Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining the quality and characteristics of the coal delivered under this Agreement and as the Payment Analysis. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality shall be the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer. One (1) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) part shall be retained by Buyer until thirty (30) days after the sample is taken (“Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. , Unless Seller requests an analysis of the Referee Sample before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.
Appears in 2 contracts
Sources: Coal Supply Agreement (Armstrong Coal Company, Inc.), Coal Supply Agreement (Armstrong Energy, Inc.)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward the loading quality to Buyer within two (2) business days after loading. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facilitySeller or by an independent commercial laboratory appointed by Seller, on a per-Shipment basis, as defined hereinabove, and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and Agreement, except as otherwise provided herein. Buyer’s “as-received” quality shall be the Payment AnalysisAnalysis only when Seller’s sampler and/or scales are inoperable, or if Seller fails to obtain a sample upon loading. All analyses shall be made in BuyerSeller’s laboratory or at Buyer’s an independent commercial laboratory, at Seller's expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable standards, may be composited and shall be taken with a frequency and regularity sufficient to both partiesprovide reasonably accurate representative samples of the deliveries made hereunder. Seller shall transmit its “as loaded” quality analysis to notify Buyer as soon as possible. Seller’s “as-loaded” quality shall be the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in BuyerSeller’s sampling and analysis practicespractices within five (5) business days after any such change. Any such changes in Buyer’s Seller's sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One .
(1) part shall be used for analysis by Buyer. One Seller; one (1) part shall be used by Buyer Seller as a check sample, if Buyer Seller in its sole judgment determines it is necessary. One ; one (1) part shall be retained by Buyer until thirty (30) days after the sample is taken (“Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the twenty fifth (5th25th) business day of the month following the month of unloadingunloading (the “Disposal Date”) and shall be delivered to Buyer for analysis if Buyer so requests before the Disposal Date; and one (1) part ("Referee Sample") shall be retained by Seller until the Disposal Date. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to BuyerSeller, shall have the right to have a representative present to observe the sampling and analyses performed by BuyerSeller. Unless Seller Buyer requests an analysis of the a Referee Sample analysis before the Disposal Date, Buyer’s Seller's analysis shall be used to determine the quality of the coal delivered hereunder under this Agreement and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Buyer Seller shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist, and Seller’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Seller by more less than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregardedstandard. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysisstatistically significant bias.
Appears in 2 contracts
Sources: Coal Supply Agreement, Coal Supply Agreement
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or industry-accepted using standards in other casesmutually acceptable, to both parties. Samples for analyses shall be taken in accordance with by any ASTM standards or other methods standards mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality , and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloadingdeliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted mutually agreeable changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One .
(1) part shall be used for analysis by Buyer. One ; one (1) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One ; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) ; and one part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth tenth (5th10th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysishereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. on a dry basis
(iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the applicable ASTM reproducibility standardsamounts listed above, then the analysis of the Independent Lab results will govern, shall prevail and the prior Buyer’s analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the The cost of the analysis made by the Independent Lab shall be borne by Seller to the party who provided extent that Buyer’s analysis prevails and by Buyer to the original Payment Analysisextent that the analysis of the Independent Lab prevails.
Appears in 2 contracts
Sources: Coal Supply Agreement (Armstrong Coal Company, Inc.), Coal Supply Agreement (Armstrong Energy, Inc.)
Sampling and Analysis. The sampling Each daily shipment of coal shall be sampled and analyzed within twenty-four (24) hours of delivery to the Plant. Such analysis of the coal delivered hereunder designated for delivery to Buyer shall be performed undertaken as a “quick analysis” by Buyer upon delivery of the coal an independent laboratory acceptable to Buyer. Seller shall furnish the results of such analysis by facsimile transmission to A.▇. ▇▇▇▇▇ Power Plant at (▇▇▇) ▇▇▇-▇▇▇▇, within twenty-four (24) hours of delivery to the Plant. Such analyses shall govern for the purposes of determining compliance with the quality specifications required under this Agreement, except as otherwise provided herein below:
A. All sampling and analysis shall meet ASTM Standards. Seller shall retain sample splits at Seller’s facilityMine for a period of ninety (90) days. Upon Buyer’s request, the retained sample split shall be sent to an independent laboratory for analysis and the results thereof shall be accepted and used as defining the quality and characteristics of the coal delivered under this Agreement and as the Payment Analysis. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality shall be the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer. One (1) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) part shall be retained by Buyer until thirty (30) days after the sample is taken (“Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the Referee Sample before the Disposal Date, Buyer’s analysis shall be used govern as to determine the quality of the coal delivered hereunder shipment as to which such sample pertains.
B. Sampling and analysis shall be performed on not greater than 2,000 ton batches.
C. If it is determined that samples have been obtained incorrectly, Seller and Buyer shall attempt to determine the Payment Analysis. The Monthly Weighted Averages of specifications referenced effect, if any, on quality determinations as the same may apply to the price for coal paid by Buyer with respect to samples previously used by Buyer and Seller in §6.1 shall be based on the individual Shipment their analyses. If required, a reasonable adjustment shall be made in amounts invoiced and payments made to compensate for any dispute arises differences in the gross calorific value of coal tested versus that of the coal which should have been tested. If it is determined that sample analyses are in error, whether due to improper preparation of samples to be analyzed, faulty analytical equipment, or faulty laboratory methods, an appropriate adjustment shall be made in amounts invoiced and payments made to correct for errors in gross calorific values determined by the sample analyses. However, no adjustment hereunder shall be retroactive for a period in excess of ninety (90) days prior to either (i) the date that either party first questioned in writing the correctness of the sampling procedures or the accuracy of the sample analyses, or (ii) the date that the inaccuracy was first determined, whichever was the earlier date.
D. Coal not complying with regard the quality specifications set forth herein will not be accepted by Buyer unless authorized prior to shipment. At the analysis option of the Buyer, acceptance of non-conforming coal may be conditioned upon reductions in price which shall be agreed upon in writing prior to delivery of any sample before the Disposal Date for such sample, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysisnon-conforming coal.
Appears in 2 contracts
Sources: Coal Supply Agreement (Vectren Utility Holdings Inc), Coal Supply Agreement (Vectren Utility Holdings Inc)
Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining the quality and characteristics of the coal delivered under this Agreement and as the Payment Analysis. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable7.1 Seller, or industry-accepted standards in other casesSeller’s agent, shall cause a representative Coal sample (“Mine Sample”) to be taken from each Shipment at the Railcar load point. Samples for analyses The sample shall be taken in accordance with ASTM standards Standards, using a mechanical sampler or other methods mutually acceptable to both partiesASTM approved procedure. Seller shall transmit its “as loaded” have an active quality control program at the load point, assuring the mechanical sampler is in proper working condition and has been bias-tested by an independent third party at least once each calendar year. If an alternate sampling procedure is used, Seller shall be capable of demonstrating the alternate procedure conforms to ASTM Standards and the procedure produces accurate and repeatable results. Sampling, sample preparation, and sample analysis to Buyer as soon as possible. shall be performed at Seller’s “as-loaded” quality shall be the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar expense in accordance with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune of the execution of this Agreement, unless the Parties otherwise mutually agreeStandards. Each sample taken by Buyer shall be divided into four three (43) parts in accordance with ASTM Standards and put into placed in separate airtight containers, properly labeled and sealed. One (1) part of each sample shall be used for analysis analyzed by Buyer. One an independent certified laboratory selected by Seller (1) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One “Commercial Lab”); one (1) part shall be retained by Buyer until thirty (30) the Commercial Lab for a period of 45 days after the sample is taken (“Disposal Date”), or shipped per Buyer’s directions; and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One one (1) part (the “Referee Sample”) shall be retained by Buyer until the Disposal DateCommercial Lab for a period of 45 days to be used in a Referee Analysis, if necessary (“Referee Split”).
7.2 The Commercial Lab shall perform a short proximate analysis on an “as-received” basis and in accordance with ASTM Standards. Such analysis shall include total moisture, ash, Btu and sulfur and any other specification that has a Rejection Limit. At the request and the expense of either Party, additional analyses may be performed. The results of such analysis shall be defined as the “Shipment Quality.” As soon as available, but in any event no later than 48 hours after the completion of the loading of each Shipment, Seller shall cause the shipping data, which shall include Shipment Weight (as defined In Article 9.1) and Shipment Quality, to be given copies of all analyses made by reported to Buyer by the fifth (5th) business day of the month following the month of unloading. In addition, “Shipping Report”).
7.3 Buyer shall send or Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests may request an analysis of the Referee Sample before the Disposal Date, Buyer’s analysis shall be used to determine the quality Split within forty-five (45) days of the coal delivered hereunder and shall be the Payment delivery of a Shipment (“Referee Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses”). If any dispute arises with regard to the analysis of any sample before the Disposal Date for such samplea Referee Analysis is requested, the Referee Sample retained by Buyer Split shall be submitted sent for analysis to an independent commercial testing third party laboratory (“Independent Lab”) mutually chosen by agreeable to both Buyer and Seller. For each coal quality specification in questionIf the Referee Analysis is within interlaboratory ASTM Reproducibility Limits, if then the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will governoriginal Shipment Quality shall control, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made Referee Analysis shall be paid by the Independent Lab Party requesting such analysis. If the Referee Analysis is not within the ASTM Reproducibility Limits, then the Referee Analysis shall control, and the cost of such analysis shall be borne paid by the party who provided non-requesting Party.
7.4 Upon providing Seller 24-hour advance written notice, Buyer may, at Buyer’s risk and expense, arrange for an independent laboratory to witness the original Payment Analysiscollection of samples during the loading of any Shipment at the load point. If the Independent laboratory designated by Buyer visits any of Seller’s mines and/or load points for purposes of sampling inspections, the independent laboratory must show evidence of insurance and must conform to all mine safety procedures while at such location.
Appears in 1 contract
Sources: Coal Purchase and Sale Agreement (Minn Dak Farmers Cooperative)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its loading quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesBuyer's approved methods. Samples for analyses shall be taken by Buyer in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality industry accepted procedures of sampling, may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloadingdeliveries made hereunder. Seller represents that it is familiar with Buyer’s 's sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s 's sampling and analysis practices. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, shall provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer. One (1) ; one part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Buyer until thirty (30) days ("Disposal Date") after the sample is taken (“Disposal Date”)taken, and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) 12th business day of the month following the month of unloading. In , in addition, Buyer shall will send Seller weekly analyses of coal unloaded at Buyer’s facilitiesunloadings to Seller. Seller, on reasonable notice to Buyer, Buyer shall have the right to have a representative present to observe the ARCH COAL SALES CO., INC. KU Contract # KUF02849 sampling and analyses performed by Buyer. Unless Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysishereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis All testing of any such sample by the Independent Lab differs shall be at requestor's expense unless the results differ by more than the applicable ASTM reproducibility standards, in such case, Buyer will pay for testing. If the Independent Lab results differ by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the The cost of the analysis made by the Independent Lab shall be borne by Seller if Buyer's analysis prevails and by Buyer if the party who provided analysis of the original Payment AnalysisIndependent Lab prevails.
Appears in 1 contract
Sources: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer Seller upon delivery loading of the coal to Buyer’s facilitycoal, and the results thereof shall be accepted and used as defining the quality and characteristics of the coal delivered under this Agreement and as the Payment Analysis. All analyses shall be made in BuyerSeller’s laboratory at BuyerSeller’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality shall be the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer Seller shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by BuyerSeller. One (1) part shall be used by Buyer Seller as a check sample, if Buyer Seller in its sole judgment determines it is necessary. One (1) part shall be retained by Buyer Seller until thirty (30) days after the sample is taken (“Disposal Date”), and shall be delivered to Seller Buyer for analysis if Seller Buyer so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Buyer Seller until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to BuyerSeller, shall have the right to have a representative present to observe the sampling and analyses performed by BuyerSeller. Unless Seller Buyer requests an analysis of the Referee Sample before the Disposal Date, BuyerSeller’s analysis shall be used to determine the quality of the coal delivered hereunder under this Agreement and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Buyer Seller shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer ▇▇▇▇▇ and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.
Appears in 1 contract
Sources: Coal Supply Agreement
Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as Agreement. Buyer shall send to Seller by telecopier or electronic data transmittal a copy of the Payment Analysisanalysis within (10) business days after sampling the applicable shipment. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or industry-reliable and industry accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually by any reliable and industry accepted standard acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality , may be composited, and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloadingdeliveries made hereunder. Seller represents that it is familiar with Buyer’s 's sampling and analysis practices, and that it finds them to be acceptablein accordance with reliable and industry accepted standards. Buyer shall notify Seller in writing of any significant changes in Buyer’s 's sampling and analysis practices. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or industry-industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer. One (1) ; one part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Buyer until thirty the 25th of the month following the month of unloading (30) days after the sample is taken (“"Disposal Date”), ") and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Buyer until the Disposal Contract #▇▇-▇▇▇-▇▇▇ Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business 12th day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysishereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification analysis of Buyer by more than the applicable ASTM reproducibility standards as an amount equal to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.or less than:
(i) 0.50% moisture (ii) 0.50% ash on a dry basis
Appears in 1 contract
Sources: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The sampling (a) Seller shall cause each Trainload of Coal to be sampled by an independent laboratory mutually agreeable to Buyer and Seller in 10 car lots and in accordance with the standards of the American Society for Testing and Materials ("ASTM"), or with other methods mutually agreeable to Seller and Buyer. A composite sample of each 10 car lot shall be divided into two (2) equal parts. One part shall be retained as a referee sample, and one shall be used by Seller for quality determination.
(b) Methods and procedures for conducting tests and analyses shall be in accordance with ASTM standards, or with other methods and procedures mutually agreeable to Seller and Buyer. All such tests and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining the quality and characteristics of the coal delivered under this Agreement and as the Payment Analysis. All analyses shall be made in Buyer’s an independent laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis agreeable to Buyer as soon as possible. and Seller’s “as-loaded” quality shall be the Payment Analysis only when .
(c) Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling at its own risk and analysis practicesexpense, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than may observe the sampling and analysis practices existing at performed by or on behalf of Seller and conduct periodic inspections of equipment and facilities used in the tune of the execution of this Agreementsampling and analysis.
(d) Seller shall cause each 10 car composite sample to be analyzed, unless the Parties otherwise mutually agreewith respect to moisture, ash, sulfur and volatile matter. Each sample taken by Buyer Geiseler plastometer, alkalies, reflectance, total inerts, SHO Expansion, Arnu dilatometer and size analysis shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer. One (1) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) part shall be retained by Buyer until thirty (30) days after the sample is taken (“Disposal Date”), and shall be performed on each Trainload of Coal delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, unless this frequency is modified by mutual agreement. The analysis for each Trainload with respect to moisture, ash, volatile matter and sulfur shall have be obtained by calculating the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis weighted average of the Referee Sample before results from the Disposal Date, Buyer’s analysis shall be used 10 car composite analyses. Seller's conclusions as to determine the quality of the coal delivered hereunder with respect to moisture, ash, sulfur and volatile matter analysis shall be provided to Buyer no later than one day following the Payment Analysis. The Monthly Weighted Averages date of specifications referenced in §6.1 shipment and with respect to Geiseler plastometer, Arnu dilatometer and size analysis, shall be based on provided no later than four (4) days following the individual Shipment analysesdate of shipment and, unless a referee analysis as hereinafter provided for is performed, shall be conclusive and binding. If any dispute arises with regard Referee samples of sufficient quantity to the run all analysis of any sample before each Trainload shall be retained for a period of 30 days following the Disposal Date for receipt of its quality conclusions relative to such sampleshipment to Buyer. By notice to Seller within 20 days following the receipt of Seller's conclusions, Buyer may request that such referee samples be analyzed by an independent company agreeable to Seller. In such event, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in questionresults of such referee analysis, if the different from Seller's analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standardstolerances, the Independent Lab results will govern, shall supersede Seller's quality conclusions and the prior analysis shall be disregardedconclusive and binding. All testing of If the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ referee analysis differs from the original Payment Analysis for any specification Seller's analysis by more than the applicable ASTM reproducibility standards as to that specification. In such casetolerances, Seller shall pay for the referee analysis; otherwise, the cost of referee analysis shall be at Buyer's expense. Seller shall be responsible for all costs, including demurrage, incurred by Buyer which results from Seller's failure to provide the analysis made by within the Independent Lab time periods set forth above.
(e) Seller shall be borne by fax the party who provided the original Payment Analysis.analysis to:
Appears in 1 contract
Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery unloading of the coal to at Buyer’s facilitygenerating station, and except as otherwise provided herein, the results thereof shall be accepted and used as defining the quality and characteristics of the coal delivered under this Agreement and as shall be used in determining the initial payment for the relevant Shipment (the “Payment Analysis”). All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as as-loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality shall be the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer. One (1) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) part shall be retained by Buyer until thirty (30) [***] days after the sample is taken (“Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the Referee Sample before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. In addition, Buyer shall send Seller weekly analyses of all of Seller’s coal unloaded at Buyer’s generating stations pursuant to this Agreement. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.
Appears in 1 contract
Sampling and Analysis. (a) The sampling and analysis Supplier shall arrange for three (3) representative samples to determine the quality of each shipment of Alumina, to be taken during the coal delivered hereunder shall be performed by Buyer upon delivery loading operation according to the standard methods set out in SCHEDULE 5, applied at both the Port of the coal to Buyer’s facility, Loading and the results thereof shall be accepted and used as defining the quality and characteristics of the coal delivered under this Agreement and as the Payment Analysis. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality shall be the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune of the execution of this Agreement, unless the Parties otherwise mutually agreeDelivery Port. Each sample taken by Buyer shall be divided into placed in a sealed container and duly identified. Within twenty four (424) parts and put into airtight containershours of the samples being taken, properly labeled and sealed. One (1) part the Supplier shall arrange for one sample to be used air freighted to the Purchaser for analysis by Buyer. One (1) part shall be used by Buyer as a check sampleand of the two remaining samples, if Buyer in its sole judgment determines it is necessary. One (1) part one sample shall be retained by Buyer until thirty the Supplier for the Supplier's analysis (30the results of which analysis shall be recorded in a certificate of analysis) according to the standard methods set out in SCHEDULE 5, applied at both the Port of Loading and the Delivery Port, and one sample shall be retained in its sealed container by the Supplier for a period of at least ninety (90) days after in case it is required to be sent to a Referee for analysis.
(b) The results of the analysis performed at the Supplier's laboratories, as recorded in the certificate of analysis, shall be forwarded to the Purchaser promptly, and in any event within five (5) days of the Bill of Lading Date.
(c) If, according to such certifi▇▇▇▇ of analysis, the Alumina being shipped does not comply with the specifications set out in SCHEDULE 2, the Purchaser may, within five (5) days of receipt of such certificate of analysis, reject the shipment to which it relates by giving notice to the Supplier of such rejection. If the Purchaser rejects a shipment pursuant to this Section 3.2 (c), the Supplier shall use Commercially Reasonable Efforts to deliver a replacement shipment as soon as practicable.
(d) If, according to such certificate of analysis, the Alumina being shipped complies with the specifications set out in SCHEDULE 2, the Purchaser shall have five (5) days from the receipt of the sample to notify the Supplier if it disagrees with the certificate of analysis and believes that the Alumina delivered does not conform to the specifications set out in SCHEDULE 2 by delivering a "Notice of Objection" setting out the extent of the non-conformity and including in such notice the certificate of analysis on which it relies. If the Purchaser does not notify the Supplier within this period of time, the entire shipment shall be deemed to be conforming Alumina. In the event the Purchaser has notified the Supplier within this period of time, the Supplier will advise the Purchaser, within five (5) days of its receipt of the Purchaser's notice as to whether or not the Supplier agrees with the Purchaser's analysis. If the Supplier does not notify the Purchaser within the five (5) day period, it shall be deemed to have agreed with the Purchaser's analysis and the Purchaser shall be deemed to have received the Supplier's notice so agreeing on the last day of the five (5) day period.
(e) In the event that the Supplier notifies the Purchaser pursuant to Section 3.2 (d) that it does not agree with the Purchaser's analysis, then the third sample shall be referred to a referee (the "REFEREE") who shall be selected by agreement between the Parties during the first three months of the Term of this Agreement. In the event that the Referee whose turn it is to analyse the sample is taken unable to do so, the sample shall be sent to the next Referee on the list. In the event that any of the above Referees should no longer be available to act as a referee, then the Purchaser and the Supplier shall agree upon a replacement. If the Purchaser and the Supplier are unable to agree upon a replacement within three (“Disposal Date”)3) months of them discovering that such Referee is unable to act as a referee, then a replacement referee shall be appointed by the Chairman of the LME in London, ▇▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇. ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇ nominee shall be final and binding on the Parties.
(f) The Referee shall complete its analysis within a further period of five (5) days and the results of the analysis shall be definitive and binding upon all Parties. The quality of the Alumina contained in the relevant shipment shall be deemed to be the same as that of the Referee's sample analysis. If, pursuant to the Referee's analysis, the Alumina complies with the specifications set out in SCHEDULE 2, the cost of the Referee's analysis shall be borne by the Purchaser. If, pursuant to the Referee's analysis, the Alumina does not comply with the specifications set out in SCHEDULE 2, the cost of the Referee's analysis shall be borne by the Supplier.
(g) The Purchaser shall use its Commercially Reasonable Efforts to process any Alumina not conforming to the specifications set out in SCHEDULE 2, and the Supplier shall be delivered to Seller compensate the Purchaser for analysis if Seller so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies any additional processing costs and loss of all analyses made by Buyer production incurred by the fifth (5th) business day Purchaser as a result of the month following the month processing of unloadingnon-conforming Alumina. In additionthe event the Purchaser, Buyer shall send Seller weekly analyses at its sole discretion, determines that such processing of coal unloaded at Buyer’s facilities. Sellernon- conforming Alumina is not appropriate, on reasonable notice to Buyer, the Purchaser shall have the right to have a representative present reject such non-conforming Alumina and to observe require the sampling Supplier to remove any such non-conforming Alumina and analyses performed by Buyer. Unless Seller requests an analysis replace the same with another shipment of Alumina meeting the Referee Sample before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced set out in §6.1 shall be based on the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment AnalysisSCHEDULE 2.
Appears in 1 contract
Sampling and Analysis. The sampling (a) Sampling and analysis of the coal Coal delivered hereunder shall under each Coal Purchase Order will be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining the quality and characteristics of the coal delivered under this Agreement and as the Payment Analysis. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicablePurchaser on a Daily basis, or industry-accepted standards in on such other cases. Samples for analyses shall be taken schedule as Purchaser may determine, in accordance with ASTM standards or such other methods mutually acceptable standards to both parties. which Purchaser and Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality shall be the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller may agree in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune of the execution of this Agreement, unless the Parties otherwise mutually agreefrom time to time. Each sample taken by Buyer shall Purchaser will be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) The first part shall be used for analysis by Buyer. One (1) Purchaser; the second part shall be used by Buyer Purchaser as a check samplesample in the event Purchaser, if Buyer acting in its sole judgment determines accordance with good industry practice, deems it is necessary. One (1) ; the third part shall be retained by Buyer until thirty (30) days after the sample is taken (“Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before no later than three Days following the Disposal Date. One (1) Day on which the sample is taken; and the fourth part (the “"Referee Sample”") shall be retained by Buyer until Purchaser for 45 Days following the Disposal DateDay on which such sample is taken. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, shall have the right to have a representative present to observe the all sampling and analyses analysis performed by Buyer. Unless Purchaser.
(b) Purchaser shall report the results of each analysis to Seller requests an analysis of the Referee Sample before the Disposal Dateby fax or other electronic means promptly after such results become available (but in any event, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based no later than 5:00 p.m. on the individual Shipment analyses. If any second Business Day following the Day on which such results become available).
(c) Seller shall have the right to dispute arises with regard to the analysis results of any sample before analysis performed by Purchaser by delivering written notice to Purchaser no later than 30 Days after receiving the Disposal Date for results of such sampleanalysis. In the event of any such dispute, the Referee Sample retained by Buyer shall will be submitted for analysis to an Commercial Testing & Engineering, Inc. or such other independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer that Seller may select and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will governthat is reasonably acceptable to Purchaser, and the prior results of such analysis shall be disregardedprevail. All testing The cost of analyzing the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne equally by the party who provided the original Payment AnalysisParties.
Appears in 1 contract
Sources: Coal Feedstock Supply Agreement (Alliance Resource Partners Lp)
Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer Seller upon delivery loading of the coal to Buyer’s facilitycoal, and the results thereof shall be accepted and used as defining the quality and characteristics of the coal delivered under this Agreement and as the Payment Analysis. All analyses shall be made in BuyerSeller’s laboratory at BuyerSeller’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality shall be the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer Seller shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by BuyerSeller. One (1) part shall be used by Buyer Seller as a check sample, if Buyer Seller in its sole judgment determines it is necessary. One (1) part shall be retained by Buyer Seller until thirty (30) days after the sample is taken (“Disposal Date”), and shall be delivered to Seller Buyer for analysis if Seller Buyer so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Buyer Seller until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to BuyerSeller, shall have the right to have a representative present to observe the sampling and analyses performed by BuyerSeller. Unless Seller Buyer requests an analysis of the Referee Sample before the Disposal Date, BuyerSeller’s analysis shall be used to determine the quality of the coal delivered hereunder under this Agreement and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Buyer Seller shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.
Appears in 1 contract
Sources: Coal Supply Agreement
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its as loaded quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall CONSOL ENERGY INC. LG&E CONTRACT #LGE 00010 KU CONTRACT #KUF00731 be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesBuyer's approved methods. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality by Buyer's approved procedures of sampling, may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloadingdeliveries made hereunder. Seller represents that it is familiar with Buyer’s 's sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s 's sampling and analysis practices. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, shall provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer. One (1) ; one part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Buyer (LG&E) until the 25th of the month following the month of unloading (the "Disposal Date") or Buyer (KU) until thirty (30) days ("Disposal Date") after the sample is taken (“Disposal Date”)taken, and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) 12th business day of the month following the month of unloading. In , in addition, Buyer shall (KU) will send Seller weekly analyses of coal unloaded at Buyer’s facilitiesunloadings to Seller. Seller, on reasonable notice to Buyer, Buyer shall have the right to have a representative present CONSOL ENERGY INC. LG&E CONTRACT #LGE 00010 KU CONTRACT #KUF00731 to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysishereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis All testing of any such sample by the Independent Lab differs shall be at requestor's expense unless the results differ by more than the applicable ASTM reproducibility standards, in such case, Buyer will pay for testing. If the Independent Lab results differ by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the The cost of the analysis made by the Independent Lab shall be borne by Seller to the party who provided extent that Buyer's analysis prevails and by Buyer to the original Payment Analysisextent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Sources: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The sampling 11.1.1 All sampling, sample preparation and analysis of the coal delivered hereunder lignite shall be performed in accordance with this Section 11. The quality of lignite delivered by Seller to Buyer shall be determined by analyses of samples taken by Buyer upon delivery once Daily (each Day, a “Sampling Period”) at a time and a location mutually agreed to by the Parties, which time and location shall be intended to result in samples that are fairly representative of the coal lignite delivered during the Day in which the samples are taken. Buyer shall collect representative samples by means of a mechanical belt sampling system to Buyer’s facility, be operated and maintained by Buyer (the “Sampling System”).
11.1.2 The design and operation of the Sampling System and the results thereof procedures used for sample preparation shall meet standards to be mutually agreed to by the Parties. The Sampling System shall be accepted enclosed to minimize moisture loss. If necessary due to the design and used as defining operating standards agreed by the quality Parties, Buyer and characteristics Seller shall mutually agree on commercially reasonable modifications of Plant and Mine procedures and equipment.
11.1.3 All sample increments collected shall be designed to cut the coal delivered under this Agreement full stream of lignite presented during the period in which such sample increments are collected. The values of current measurements of Sampling System cutter openings, cutter frequencies, cutter velocities, belt velocities and as the Payment Analysis. All analyses sample flow rates shall be made in Buyer’s laboratory at Buyer’s expense available by Buyer to Seller upon request and shall be reasonably acceptable to Seller.
11.1.4 Buyer shall monitor the sampling ratio of the Sampling System in accordance with ASTM standards where applicablemutually agreed to by the Parties. Buyer shall make the sampling ratio data available to Seller upon request.
11.1.5 Prior to any modification to the Sampling System, Buyer shall submit design drawings, specifications and sample extraction parameters for the new or industry-accepted standards in other cases. Samples modified Sampling System to Seller for analyses its approval, which shall not be taken in accordance with ASTM standards or other methods mutually acceptable unreasonably withheld.
11.1.6 In the event that the Sampling System ceases to both parties. operate properly, Buyer shall immediately notify Seller shall transmit its “as loaded” quality analysis of such cessation and Buyer’s intended course of action to Buyer remedy such cessation as soon as possiblereasonably practicable. Seller’s “as-loaded” quality shall be If the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing Sampling System malfunctions during the delivery of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune of the execution of lignite under this Agreement, unless the Parties otherwise mutually agree. Each weighted average of the sample analyses successfully taken by Buyer shall be divided into four (4) parts and put into airtight containers, during the previous seven consecutive Sampling Periods when the Sampling System was properly labeled and sealed. One (1) part operating shall be used for analysis those Sampling Periods where the Sampling System was not properly operating.
11.1.7 Using an enclosed ▇▇▇▇▇▇ and following the mutually agreed ASTM standards, Buyer shall divide the sample size into two laboratory sample splits, with each weighing a minimum of 2,000 grams. Each sample split shall be placed in suitable airtight containers and used as follows:
(a) Buyer shall cause split one to be transported to and analyzed by a laboratory designated by Buyer. One .
(1b) part Split two of each sample shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) part shall be retained by Buyer until thirty (30) days after the sample is taken (“Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the Referee Sample before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analysesreferee purposes. If any dispute arises with regard to the referee analysis of any sample before the Disposal Date for such sampleis required, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestorreferee’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab expenses shall be borne by the Party calling for the referee sample.
(c) Split two of each sample shall be properly identified and stored by Buyer for a period of not less than one Month after the receipt of the analytical results of split one.
11.1.8 For lignite deliveries for which a sample is not available or for which a sample is agreed by Buyer and Seller to be incorrect, the weighted average of the sample analyses successfully taken during the previous seven Sampling Periods when the Sampling System was properly operating shall be utilized.
11.1.9 All third-party who provided analyses of lignite samples shall be in accordance with the original Payment Analysismutually agreed ASTM standards. The designated laboratory shall also participate in round-▇▇▇▇▇ testing of lignite coals with other laboratories to verify its sample preparation and analysis procedures. Buyer or Seller may also, from time to time, submit blind samples to the designated laboratory for analysis and verification of accuracy and repeatability at the sole cost of the submitting Party. If the round-▇▇▇▇▇ testing or blind samples of lignite indicate that the analytic results of the designated laboratory are inconsistent with or do not conform to ASTM repeatability standards, the Parties shall designate another laboratory mutually agreed to by the Parties.
Appears in 1 contract
Sampling and Analysis. The sampling 11.1.1. All sampling, sample preparation and analysis of the coal delivered hereunder lignite shall be performed in accordance with this Section 11. The quality of lignite delivered by Seller to Buyer shall be determined by analyses of samples taken by Buyer upon delivery once Daily (each Day, a “Sampling Period”) at a time and a location mutually agreed to by the Parties, which time and location shall be intended to result in samples that are fairly representative of the coal lignite delivered during the Day in which the samples are taken. Buyer shall collect representative samples by means of a mechanical belt sampling system to Buyer’s facility, be operated and maintained by Buyer (the “Sampling System”).
11.1.2. The design and operation of the Sampling System and the results thereof procedures used for sample preparation shall meet standards to be mutually agreed to by the Parties. The Sampling System shall be accepted enclosed to minimize moisture loss. If necessary due to the design and used as defining operating standards agreed by the quality Parties, Buyer and characteristics Seller shall mutually agree on commercially reasonable modifications of the coal delivered under this Agreement Plant and as the Payment AnalysisMine procedures and equipment.
11.1.3. All analyses sample increments collected shall be designed to cut the full stream of lignite presented during the period in which such sample increments are collected. The values of current measurements of Sampling System cutter openings, cutter frequencies, cutter velocities, belt velocities and sample flow rates shall be made in Buyer’s laboratory at Buyer’s expense available by Buyer to Seller upon request and shall be reasonably acceptable to Seller.
11.1.4. Buyer shall monitor the sampling ratio of the Sampling System in accordance with ASTM standards where applicablemutually agreed to by the Parties. Buyer shall make the sampling ratio data available to Seller upon request.
11.1.5. Prior to any modification to the Sampling System, Buyer shall submit design drawings, specifications and sample extraction parameters for the new or industry-accepted standards in other casesmodified Sampling System to Seller for its approval, which shall not be unreasonably withheld.
11.1.6. Samples for analyses In the event that the Sampling System ceases to operate properly, Buyer shall be taken in accordance with ASTM standards or other methods mutually acceptable immediately notify Seller of such cessation and Buyer's intended course of action to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer remedy such cessation as soon as possiblereasonably practicable. Seller’s “as-loaded” quality shall be If the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing Sampling System malfunctions during the delivery of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune of the execution of lignite under this Agreement, unless the Parties otherwise mutually agree. Each weighted average of the sample analyses successfully taken by Buyer shall be divided into four (4) parts and put into airtight containers, during the previous seven consecutive Sampling Periods when the Sampling System was properly labeled and sealed. One (1) part operating shall be used for analysis those Sampling Periods where the Sampling System was not properly operating.
11.1.7. Using an enclosed ▇▇▇▇▇▇ and following the mutually agreed ASTM standards, Buyer shall divide the sample size into two laboratory sample splits, with each weighing a minimum of 2,000 grams. Each sample split shall be placed in suitable airtight containers and used as follows:
(a) Buyer shall cause split one to be transported to and analyzed by a laboratory designated by Buyer. One .
(1b) part Split two of each sample shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) part shall be retained by Buyer until thirty (30) days after the sample is taken (“Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the Referee Sample before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analysesreferee purposes. If any dispute arises with regard to the referee analysis of any sample before the Disposal Date for such sampleis required, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab referee's expenses shall be borne by the party who provided Party calling for the original Payment Analysisreferee sample.
(c) Split two of each sample shall be properly identified and stored by Buyer for a period of not less than one Month after the receipt of the analytical results of split one.
11.1.8. For lignite deliveries for which a sample is not available or for which a sample is agreed by Buyer and Seller to be incorrect, the weighted average of the sample analyses successfully taken during the previous seven Sampling Periods when the Sampling System was properly operating shall be utilized.
11.1.9. All third‑party analyses of lignite samples shall be in accordance with the mutually agreed ASTM standards. The designated laboratory shall also participate in round‑▇▇▇▇▇ testing of lignite coals with other laboratories to verify its sample preparation and analysis procedures. Buyer or Seller may also, from time to time, submit blind samples to the designated laboratory for analysis and verification of accuracy and repeatability at the sole cost of the submitting Party. If the round-▇▇▇▇▇ testing or blind samples of lignite indicate that the analytic results of the designated laboratory are inconsistent with or do not conform to ASTM repeatability standards, the Parties shall designate another laboratory mutually agreed to by the Parties.
Appears in 1 contract
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its loading quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered loaded hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, Seller and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Buyer’s done at an independent laboratory located on Seller's property and at Buyer’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesSeller's expense. Samples for analyses shall be taken in accordance by ASTM approved procedures of sampling, may be composited and shall be taken with ASTM standards or other methods mutually acceptable a frequency and regularity sufficient to both partiesprovide reasonably accurate representative samples of the shipments made hereunder. Seller shall transmit its “as loaded” quality analysis to notify Buyer as soon as possible. Seller’s “as-loaded” quality shall be the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s Seller's sampling and analysis practices. Any such changes in Buyer’s Seller's sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, shall provide for no less ARCH COAL SALES CO., INC. KU Contract # KUF02848 PRB accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer Seller shall be divided into four three (43) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer. One (1) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) Seller; one part shall be retained by Buyer until for thirty (30) days ("Retention Period") after the sample is taken (“Disposal Date”)taken, and shall be delivered to Seller Buyer for analysis if Seller Buyer so requests before the Disposal Date. One (1) end of the Retention Period; and one part (the “"Referee Sample”") shall be retained by Buyer Seller until the Disposal Datefor thirty (30) days. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, Seller shall have the right to have a representative present to observe the sampling and analyses performed by BuyerSeller. Unless Seller Buyer requests an analysis of the a Referee Sample before the Disposal Dateanalysis, Buyer’s Seller's analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysisloaded hereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to Buyer disputes the analysis of any sample before the Disposal Date for such sampleanalysis, the Referee Sample retained by Buyer Seller shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis All testing of any such sample by the Independent Lab differs shall be at requestor's expense unless the results differ by more than the applicable ASTM reproducibility standards, in such case Buyer will pay for testing. If the Independent Lab results differ by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the The cost of the analysis made by the Independent Lab shall be borne by Buyer to the party who provided extent that Seller's analysis prevails and by Seller to the original Payment Analysisextent that the analysis of the Independent Lab prevails. ARCH COAL SALES CO., INC. KU Contract # KUF02848 PRB
Appears in 1 contract
Sources: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The Sellers or their designee shall sample and analyze each trainload shipment of coal to be delivered to Buyer to determine the quality parameters specified in Paragraph 1.0, Description. Such sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining the quality and characteristics of the coal delivered under this Agreement and as the Payment Analysis. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or by other methods mutually acceptable to both partiesmethods. Seller Sampling of the coal will be performed as the coal is loaded into railcars. Sellers or their designee shall transmit its “as loaded” quality analysis provide trainload analyses to Buyer as soon as possible. Seller’s “as-practicable after each train is loaded” quality shall be the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, .
7.1 Buyer or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer. One (1) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) part shall be retained by Buyer until thirty (30) days after the sample is taken (“Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, representative shall have the right to have inspect the sampling system(s) and laboratory used to sample and analyze the coal applied hereunder at any and all times that coal is loaded or analyzed for delivery to Buyer. Should it be determined that the sampling system(s) or laboratory are not in compliance with ASTM standards for sampling and analyzing coal, Sellers agree to take the necessary steps to ensure that future shipments of coal to Buyer are sampled and analyzed in accordance with ASTM standards. Prior to or within ten (10) days of the first shipment of coal that is sampled or analyzed by a representative present to observe sampling system or laboratory that has not previously sampled or analyzed deliveries under this Agreement, Sellers shall provide Buyer with independent confirmation that the sampling system and/or the laboratory are in accordance with ASTM standards.
7.2 Should it be determined that sampling or analysis of a trainload shipment was not performed by Sellers or their designee in accordance with ASTM standards, the parties agree that (i) Buyer's sampling and analysis shall govern for that shipment or (ii) if neither party performed the sampling and analyses performed by Buyer. Unless Seller requests an analysis of that shipment in accordance with ASTM standards, the Referee Sample before the Disposal Date, Buyer’s analysis shipment shall be deemed not to have been sampled and analyzed for the purposes of this Agreement. The sampling and analysis of a shipment that was performed in accordance with ASTM standards and that was used in calculating adjustments to determine monthly ▇▇▇▇▇▇▇▇ in accordance with Paragraph 6.0, Remedies for Quality Deviations herein shall govern for all other purposes under this Agreement.
7.3 As soon as practicable after the end of each month, the weighted average quality of the coal delivered hereunder for the quality parameters specified in Paragraph 1.0, Description hereof during that month shall be determined on a purchase order basis and provided to Buyer. The quality results thus determined shall be used in calculating price adjustments pursuant to Paragraph 6.0, Remedies for Quality Deviations.
7.4 In the event that Sellers elect to ship coal from source(s) other than Marrowbone pursuant to Paragraph 2.0(e) that will deliver coal directly to Buyer under a purchase agreement with a term of one year or more, or volume of 500,000 tons or more, Buyer shall promptly review the independent confirmation that the sampling system is in accordance with ASTM standards pursuant to Paragraph 7.
1. If the subject sampling system has been changed since its last bias test, or has not been bias tested within the last eighteen (18) months, and Buyer has reasonable concerns regarding possible bias of such system, Buyer shall have the right to request a bias test of the sampling system, to be conducted within sixty (60) days of commencement of shipments from such source, by an independent third party in conformance with the Rose method for bias testing. A report of the test will be supplied to Buyer and Sellers. Should the results of the bias test show a "statistically significant bias" in the sampling system as determined by the third party, Sellers shall take immediate action to eliminate such bias, and shall be pay for all costs of the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analysesbias test. If any dispute arises with regard to the analysis bias test does not show a "statistically significant bias" in the sampling system, Buyer shall pay for all reasonable costs of any sample before the Disposal Date bias test. In the event the third party called for such sampleabove cannot be agreed upon, the Referee Sample retained by Buyer provisions of Paragraph 18.0, Third Party Selection shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysisapply.
Appears in 1 contract
Sources: Agreement for Sale and Purchase of Coal (International Coal Group, Inc.)
Sampling and Analysis. (a) If origin weight and quality for payment is to be used then the following applies. The Sampling Person, designated on relevant Confirmation, the Buyer’s, agent unless otherwise specified in the relevant Confirmation, shall cause a representative sample of the Fuel loading into each barge, Unit Train or truck to be taken by mechanical sampler that has been approved in advance of loading by Buyer, which approval shall be granted if the sampler meets and is certified to meet ASTM standards. Samples shall be taken at the point of loading into barge, Unit Train or truck, and all sampling and analysis of the coal delivered hereunder sample preparation shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining the quality and characteristics of the coal delivered under this Agreement and as the Payment Analysis. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with then current published applicable ASTM standards where applicablestandards.
(b) In the event that Seller’s mechanical sampling system ceases to operate properly, or industry-accepted standards in other cases. Samples for analyses Sampling Person shall promptly notify Buyer to determine the course of action to be taken concerning shipments of Fuel under this Master Agreement. In such an event Buyer and Seller shall agree upon one of the two options: (1) Select an alternative location to sample in accordance with ASTM standards or other methods mutually acceptable (2) agree to both partiesuse the monthly weighted average of the prior month’s deliveries from Seller to Buyer. Seller shall transmit its “as loaded” quality analysis to Buyer repair such sampling system as soon as possible. practical and, once repaired, sampling shall revert to Seller’s “as-loaded” quality mechanical sampling system.
(c) The Sampling Person’s samples of Fuel representing each Shipment and the analysis thereof as set forth in this Section 4.4, shall be the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, used to determine quality adjustments pursuant to Section 5.1 and any rejection rights pursuant to Section 5.2 or if Buyer fails suspension rights pursuant to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune of the execution of this Agreement, unless the Parties otherwise mutually agree. Section 5.3.
(d) Each sample taken by Buyer shall be divided into four (4) parts in accordance with then current ASTM standards and put into placed in separate airtight containers, properly labeled and sealed.
(i) One (1) part of each sample shall be used for analysis sent by Buyer. One Sampling Person (1at Sampling Person’s expense) part shall be used by Buyer as a check sample, if Buyer within twenty-four (24) hours to the Analysis Person which will analyze such sample in its sole judgment determines it is necessary. accordance with Section 4.4(e) below.
(ii) One (1) part shall be retained by Buyer until thirty the Sampling Person for the benefit of Seller for a period of forty-five (3045) days after the sample is taken (“Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before is not the Disposal Date. Sampling Person) or shipped as Seller directs.
(iii) One (1) part (the “Referee Sample”) shall be retained by the Sampling Person for the benefit of Buyer until for a period of forty-five (45) days (if Buyer is not the Disposal Date. Seller Sampling Person) or shipped as Buyer directs.
(iv) One (1) part shall be given copies of all analyses made by Buyer retained by the fifth Sampling Person for a period of forty-five (5th45) business day days to be used for a referee analysis.
(e) Analysis shall be performed by the Analysis Person. designated on the relevant confirmation, which shall be an independent certified laboratory chosen by good faith agreement of the month following Parties. If the month of unloadingParties fail to agree upon such laboratory. In addition, Buyer then each Party shall send Seller weekly select its own independent certified laboratory and the analyses of coal unloaded at Buyerboth laboratories of the Sampling Person’s facilitiessamples shall be averaged and such average shall be conclusive and binding for all purposes, provided that the results obtained by the individual laboratories are within ASTM (interlaboratory) Reproducibility Limits: if the results are not within ASTM (interlaboratory) Reproducibility Limits, the analysis of such Samples by the independent laboratories shall be repeated.
(f) Samples shall be analyzed on an “as-received” basis in accordance with then current published applicable ASTM standards. The Analysis Person shall perform a short proximate analysis on an “as-received” basis, which shall include total moisture, ash, Btu, sulfur and such other data as may be required by the applicable Confirmation. At the request of either Buyer or Seller, on reasonable notice and at the expense of the requesting Party, additional analyses may be performed.
(g) The Sampling Person shall report, or shall cause to be reported, the results short proximate analysis to be reported to Buyer, along with train I.D. number, barge I.D., weight and shipping data (“Shipping Report”) by fax, telephone (to be confirmed promptly by fax) or other electronic means (with confirmation of receipt) as soon as available, but in any event within twenty-four (24) hours(forty-eight (48) hours for PRB Sources) of the completion of the loading of each Shipment.
(h) By notice to the Sampling Person within twenty-four (24) hours after delivery of the Shipping Report or within two (2) Business Days for purposes other than to assess Rejection thresholds and in any event prior to unloading of the Fuel at the destination, Buyer or Seller may object to the analysis (the “Objecting Person”), and if so, the Sampling Person shall submit the retained referee sample to an independent testing laboratory selected by and unaffiliated with the Objecting Person for an independent analysis.
(i) If the results of the independent analysis are within ASTM (inter-laboratory) Reproducibility Limits, the original short proximate. sodium, and any other specification analysis as required in the applicable Confirmation, as appropriate. shall control and the costs of the independent analysis shall be paid by the Objecting Person. If such results for any Specification are not within such Reproducibility Limits, the results of the independent analysis and the original results shall be averaged and the average result shall control and the costs of the independent analysis shall be borne by the non-Objecting Person.
(j) All analyses shall be performed in accordance with then current published applicable ASTM standards.
(k) In the event the Buyer believes the applicable sampling or weighing results are outside the acceptable tolerance level of that particular process (ASTM standards for Sampling or MST Handbook 44 for scale weights), then Buyer will have the right to have a representative present an independent expert to observe inspect and review Seller’s equipment and process for determining samples and weights. In the event that the systems are found to be out of acceptable tolerance, and it is determined that the review proves it impractical to make prospective adjustments to eliminate the inaccuracy, then Buyer reserves the right to determine weight and sample for quality for payment at destination for all shipments, until the systems are corrected and verified, at which time sampling and analyses performed by Buyerweighing shall revert to Seller’s systems. Unless Buyer shall notify Seller requests an analysis of the Referee Sample before the Disposal Date, Buyer’s analysis shall be used in advance (seven (7) days prior) if destination weight and quality is to determine the quality of the coal delivered hereunder and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysispayment basis.
Appears in 1 contract
Sources: Master Fuel Purchase and Sale Agreement (Foresight Energy Partners LP)
Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as Agreement. Buyer shall send to Seller by telecopier or electronic data transmittal a copy of the Payment Analysisanalysis within (10) business days after sampling the applicable shipment. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or industry-reliable and industry accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually by any reliable and industry accepted standard acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality , may be composited, and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloadingdeliveries made hereunder. Seller represents that it is familiar with Buyer’s 's sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s 's sampling and analysis practices. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or industry-industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer. One (1) ; one part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Buyer until thirty the 25th of the month following the month CONTRACT #▇▇-▇▇▇-▇▇▇ of unloading (30) days after the sample is taken (“"Disposal Date”), ") and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business 12th day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysishereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture (ii) 0.50% ash on a dry basis (iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the applicable ASTM reproducibility standardsamounts listed above, then the analysis of the Independent Lab results will govern, shall prevail and the prior Buyer's analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the The cost of the analysis made by the Independent Lab shall be borne by Seller to the party who provided extent that CONTRACT #▇▇-▇▇▇-▇▇▇ Buyer's analysis prevails and by Buyer to the original Payment Analysisextent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Sources: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. (a) If origin weight and quality for payment is to be used then the following applies. The Sampling Person, designated on relevant Confirmation, the Buyer’s, agent unless otherwise specified in the relevant Confirmation, shall cause a representative sample of the Fuel loading into each barge, Unit Train or truck to be taken by mechanical sampler that has been approved in advance of loading by Buyer, which approval shall be granted if the sampler meets and is certified to meet ASTM standards. Samples shall be taken at the point of loading into barge, Unit Train or truck, and all sampling and analysis of the coal delivered hereunder sample preparation shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining the quality and characteristics of the coal delivered under this Agreement and as the Payment Analysis. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with then current published applicable ASTM standards where applicablestandards.
(b) In the event that Seller’s mechanical sampling system ceases to operate properly, or industry-accepted standards in other cases. Samples for analyses Sampling Person shall promptly notify Buyer to determine the course of action to be taken concerning shipments of Fuel under this Master Agreement. In such an event Buyer and Seller shall agree upon one of the two options: (1) Select an alternative location to sample in accordance with ASTM standards or other methods mutually acceptable (2) agree to both partiesuse the monthly weighted average of the prior month’s deliveries from Seller to Buyer. Seller shall transmit its “as loaded” quality analysis to Buyer repair such sampling system as soon as possible. practical and, once repaired, sampling shall revert to Seller’s “as-loaded” quality mechanical sampling system.
(c) The Sampling Person’s samples of Fuel representing each Shipment and the analysis thereof as set forth in this Section 4.4, shall be the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, used to determine quality adjustments pursuant to Section 5.1 and any rejection rights pursuant to Section 5.2 or if Buyer fails suspension rights pursuant to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune of the execution of this Agreement, unless the Parties otherwise mutually agree. Section 5.3.
(d) Each sample taken by Buyer shall be divided into four (4) parts in accordance with then current ASTM standards and put into placed in separate airtight containers, properly labeled and sealed.
(i) One (1) part of each sample shall be used for analysis sent by Buyer. One Sampling Person (1at Sampling Person’s expense) part shall be used by Buyer as a check sample, if Buyer within twenty-four (24) hours to the Analysis Person which will analyze such sample in its sole judgment determines it is necessary. accordance with Section 4.4(e) below.
(ii) One (1) part shall be retained by Buyer until thirty the Sampling Person for the benefit of Seller for a period of forty-five (3045) days after the sample is taken (“Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before is not the Disposal Date. Sampling Person) or shipped as Seller directs.
(iii) One (1) part (the “Referee Sample”) shall be retained by the Sampling Person for the benefit of Buyer until for a period of forty-five (45) days (if Buyer is not the Disposal Date. Seller Sampling Person) or shipped as Buyer directs.
(iv) One (1) part shall be given copies of all analyses made by Buyer retained by the fifth Sampling Person for a period of forty-five (5th45) business day days to be used for a referee analysis.
(e) Analysis shall be performed by the Analysis Person. designated on the relevant confirmation, which shall be an independent certified laboratory chosen by good faith agreement of the month following Parties. If the month of unloadingParties fail to agree upon such laboratory. In addition, Buyer then each Party shall send Seller weekly select its own independent certified laboratory and the analyses of coal unloaded at Buyerboth laboratories of the Sampling Person’s facilitiessamples shall be averaged and such average shall be conclusive and binding for all purposes, provided that the results obtained by the individual laboratories are within ASTM (interlaboratory) Reproducibility Limits: if the results are not within ASTM (interlaboratory) Reproducibility Limits, the analysis of such Samples by the independent laboratories shall be repeated.
(f) Samples shall be analyzed on an “as-received” basis in accordance with then current published applicable ASTM standards. The Analysis Person shall perform a short proximate analysis on an “as-received” basis, which shall include total moisture, ash, Btu, sulfur and such other data as may be required by the applicable Confirmation. At the request of either Buyer or Seller, on reasonable notice and at the expense of the requesting Party, additional analyses may be performed.
(g) The Sampling Person shall report, or shall cause to be reported, the results short proximate analysis to be reported to Buyer, along with train I.D. number, barge I.D., weight and shipping data (“Shipping Report”) by fax, telephone (to be confirmed promptly by fax) or other electronic means (with confirmation of receipt) as soon as available, but in any event within twenty-four (24) hours(forty-eight (48) hours for PRB Sources) of the completion of the loading of each Shipment.
(h) By notice to the Sampling Person within twenty-four (24) hours after delivery of the Shipping Report or within two (2) Business Days for purposes other than to assess Rejection thresholds and in any event prior to unloading of the Fuel at the destination, Buyer or Seller may object to the analysis (the “Objecting Person”), and if so, the Sampling Person shall submit the retained referee sample to an independent testing laboratory selected by and unaffiliated with the Objecting Person for an independent analysis.
(i) If the results of the independent analysis are within ASTM (inter-laboratory) Reproducibility Limits, the original short proximate sodium, and any other specification analysis as required in the applicable Confirmation, as appropriate shall control and the costs of the independent analysis shall be paid by the Objecting Person. If such results for any Specification are not within such Reproducibility Limits, the results of the independent analysis and the original results shall be averaged and the average result shall control and the costs of the independent analysis shall be borne by the non-Objecting Person.
(j) All analyses shall be performed in accordance with then current published applicable ASTM standards.
(k) In the event the Buyer believes the applicable sampling or weighing results are outside the acceptable tolerance level of that particular process (ASTM standards for Sampling or MST Handbook 44 for scale weights), then Buyer will have the right to have a representative present an independent expert to observe inspect and review Seller’s equipment and process for determining samples and weights. In the event that the systems are found to be out of acceptable tolerance, and it is determined that the review proves it impractical to make prospective adjustments to eliminate the inaccuracy, then Buyer reserves the right to determine weight and sample for quality for payment at destination for all shipments, until the systems are corrected and verified, at which time sampling and analyses performed by Buyerweighing shall revert to Seller’s systems. Unless Buyer shall notify Seller requests an analysis of the Referee Sample before the Disposal Date, Buyer’s analysis shall be used in advance (seven (7) days prior) if destination weight and quality is to determine the quality of the coal delivered hereunder and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysispayment basis.
Appears in 1 contract
Sources: Master Fuel Purchase and Sale Agreement (Foresight Energy LP)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its as loaded quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesBuyer's approved methods. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality by Buyer's approved procedures of sampling, may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloadingdeliveries made hereunder. Seller represents that it is familiar with Buyer’s 's sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s 's sampling and analysis practices. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, shall provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer. One (1) ; one part shall be used BLACK BEAUTY COAL COMPANY LG&E CONTRACT #LGE 02012 KU CONTRACT #KUF02857 by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Buyer (LG&E) until the 25th of the month following the month of unloading (the "Disposal Date") or Buyer (KU) until thirty (30) days ("Disposal Date") after the sample is taken (“Disposal Date”)taken, and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) 12th business day of the month following the month of unloading. In , in addition, Buyer shall (KU) will send Seller weekly analyses of coal unloaded at Buyer’s facilitiesunloadings to Seller. Seller, on reasonable notice to Buyer, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysishereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis All testing of any such sample by the Independent Lab differs shall be at requestor's expense unless the results differ by more than the applicable ASTM reproducibility standards, in such case, Buyer will pay for testing. If the Independent Lab results differ by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the The cost of the analysis made by the Independent Lab shall be borne by Seller to the party who provided BLACK BEAUTY COAL COMPANY LG&E CONTRACT #LGE 02012 KU CONTRACT #KUF02857 extent that Buyer's analysis prevails and by Buyer to the original Payment Analysisextent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Sources: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM standards or other methods by any industry-accepted standard, mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality , may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloadingdeliveries made hereunder. Seller represents that it is familiar with Buyer’s 's sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s 's sampling and analysis practices. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or industry-industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer. One (1) ; one part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Buyer until thirty the 25th of the month following the CONTRACT #▇▇-▇▇▇-▇▇▇ month of unloading (30) days after the sample is taken (“"Disposal Date”), ") and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business 12th day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysishereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture (ii) 0.50% ash on a dry basis (iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the applicable ASTM reproducibility standardsamounts listed above, then the analysis of the Independent Lab results will govern, shall prevail and the prior Buyer's analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the CONTRACT #▇▇-▇▇▇-▇▇▇ The cost of the analysis made by the Independent Lab shall be borne by Seller to the party who provided extent that Buyer's analysis prevails and by Buyer to the original Payment Analysisextent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Sources: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM standards or other methods by any industry-accepted standard, mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality , may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloadingdeliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One .
(1) part shall be used for analysis by Buyer. One ; one (1) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One ; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (“Disposal Date”)) after the sample is taken, and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One ; and one (1) part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth twelfth (5th12th) business day of the month following the month of unloading. In , in addition, Buyer shall (KU) will send Seller weekly analyses of coal unloaded at Buyer’s facilitiesunloadings to Seller. Seller, on reasonable notice to Buyer, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysishereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis All testing of any such sample by the Independent Lab differs shall be at requestor’s expense unless the results differ by more than the applicable ASTM reproducibility standards, in such case, Buyer will pay for testing. If the Independent Lab results differ by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the The cost of the analysis made by the Independent Lab shall be borne by Seller to the party who provided extent that Buyer’s analysis prevails and by Buyer to the original Payment Analysisextent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Sources: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward the loading quality to Buyer within two (2) business days after loading. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facilitySeller or by an independent commercial laboratory appointed by Seller, on a per-Shipment basis, as defined hereinabove, and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and Agreement, except as otherwise provided herein. Buyer’s “as-received” quality shall be the Payment AnalysisAnalysis only when Seller’s sampler and/or scales are inoperable, or if Seller fails to obtain a sample upon loading. All analyses shall be made in BuyerSeller’s laboratory or at Buyer’s an independent commercial laboratory, at Seller's expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable standards, may be composited and shall be taken with a frequency and regularity sufficient to both partiesprovide reasonably accurate representative samples of the deliveries made hereunder. Seller shall transmit its “as loaded” quality analysis to notify Buyer as soon as possible. Seller’s “as-loaded” quality shall be the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in BuyerSeller’s sampling and analysis practicespractices within five (5) business days after any such change. Any such changes in Buyer’s Seller's sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One .
(1) part shall be used for analysis by Buyer. One Seller; one (1) part shall be used by Buyer Seller as a check sample, if Buyer Seller in its sole judgment determines it is necessary. One ; one (1) part shall be retained by Buyer until thirty (30) days after the sample is taken (“Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the twenty fifth (5th25th) business day of the month following the month of unloadingunloading (the “Disposal Date”) and shall be delivered to Buyer for analysis if Buyer so requests before the Disposal Date; and one (1) part ("Referee Sample") shall be retained by Seller until the Disposal Date. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to BuyerSeller, shall have the right to have a representative present to observe the sampling and analyses performed by BuyerSeller. Unless Seller Buyer requests an analysis of the a Referee Sample analysis before the Disposal Date, Buyer’s Seller's analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Buyer Seller shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer ▇▇▇▇▇ and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist, and Seller’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Seller by more less than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregardedstandard. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysisstatistically significant bias.
Appears in 1 contract
Sources: Coal Supply Agreement
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM standards or other methods by any industry-accepted standard, mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality , may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloadingdeliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One .
(1) part shall be used for analysis by Buyer. One ; one (1) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One ; one (1) part shall be retained by Buyer until thirty the twenty-fifth (3025th) days after of the sample is taken month following the month of unloading (the “Disposal Date”), ) and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One ; and one (1) part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth twelfth (5th12th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysishereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification analysis of Buyer by more than the applicable ASTM reproducibility standards as an amount equal to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.or less than:
(i) 0.50% moisture (ii) 0.50% ash on a dry basis
Appears in 1 contract
Sources: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The sampling and analysis of the coal delivered hereunder each Shipment shall be performed by Buyer upon delivery Seller in the process of the coal to Buyer’s facilityloading individual Shipments, except as otherwise provided herein, and the results thereof shall be accepted and used as the defining the quality and characteristics of the coal delivered under this Agreement and as shall be used in determining the payments for the relevant Shipments (the “Payment Analysis”). All analyses shall be made in Buyerby an independent commercial testing laboratory, at Seller’s laboratory at Buyer’s expense expense, in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as as-loaded” quality analysis to Buyer as soon as possible. SellerBuyer’s “as-loadedunloaded” quality shall be the Payment Analysis only when BuyerSeller’s sampler and/or scales are inoperable, or if Buyer Seller fails to obtain a sample upon unloadingloading, or when Seller’s Drafting contractor fails to obtain the necessary drafting data points upon loading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller Buyer in writing of any significant changes in BuyerSeller’s sampling and analysis practices. Any such changes in BuyerSeller’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties parties otherwise mutually agree. Each sample taken by Buyer Seller shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by BuyerSeller. One (1) part shall be used by Buyer Seller as a check sample, if Buyer Seller in its sole judgment determines it is necessary. One (1) part shall be retained by Buyer Seller until thirty (30) days after the sample is taken (“Disposal Date”), and shall be delivered to Seller Buyer for analysis if Seller Buyer so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Buyer Seller until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to BuyerSeller, shall have the right to have a representative present to observe the sampling and analyses performed by BuyerSeller. Unless Seller Buyer requests an analysis of the Referee Sample before the Disposal Date, BuyerSeller’s analysis shall be used to determine the quality of the coal delivered hereunder under this Agreement and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Buyer Seller shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.
Appears in 1 contract
Sources: Coal Supply Agreement
Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM standards or other methods by any industry-accepted standard, mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality , may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloadingdeliveries made hereunder. Seller represents that it is familiar with Buyer’s 's sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s 's sampling and analysis practices. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or industry-industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used CONTRACT #▇▇-▇▇▇-▇▇▇ for analysis by Buyer. One (1) ; one part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Buyer until thirty the 25th of the month following the month of unloading (30) days after the sample is taken (“"Disposal Date”), ") and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business 12th day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysishereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture (ii) 0.50% ash on a dry basis (iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the applicable ASTM reproducibility standardsamounts listed above, then the CONTRACT #▇▇-▇▇▇-▇▇▇ analysis of the Independent Lab results will govern, shall prevail and the prior Buyer's analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the The cost of the analysis made by the Independent Lab shall be borne by Seller to the party who provided extent that Buyer's analysis prevails and by Buyer to the original Payment Analysisextent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Sources: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or industry-accepted using standards in other casesmutually acceptable, to both parties. Samples for analyses shall be taken in accordance with by any ASTM standards or other methods standards mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality , and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloadingdeliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted mutually agreeable changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One .
(1) part shall be used for analysis by Buyer. One ; one (1) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One ; one (1) part shall be retained by Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) ; and one part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth tenth (5th10th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysishereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification analysis of Buyer by more than the applicable ASTM reproducibility standards as an amount equal to that specificationor less than:
(i) 0.50% moisture
(ii) 0.50% ash on a dry basis
(iii) 100 Btu/lb. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.on a dry basis
Appears in 1 contract
Sources: Coal Supply Agreement (Armstrong Resource Partners, L.P.)
Sampling and Analysis. The 12.1 Seller shall cause, at its expense, each shipment of coal to be sampled and analyzed at the Mine in accordance with applicable ASTM standards. Buyer shall have the right, at its risk and expense, to have a representative present at any and all times to observe sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining the quality and characteristics of the coal delivered under this Agreement and as the Payment Analysisprocedures. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality shall be the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer samples shall be divided into four three (43) parts and put into in suitable airtight containers, properly labeled and sealed. One (1) part shall be used furnished to Buyer for its analysis, one part shall be retained for analysis by Buyer. One Seller or its designee (1) part which analysis shall be used by Buyer as a check samplethe basis for payment), if Buyer in its sole judgment determines it is necessary. One (1) and the third part shall be retained by Buyer until thirty Seller or its designee in one of the aforesaid containers properly sealed and labeled for a period forty-five (3045) days after the date of sample is taken (“Disposal Date”)collection. Buyer’s samples are to be clearly labeled as to Mine, date of sampling, date of preparation, and shall other identification as to shipment (such as train identification number) and are to be delivered sent within forty-eight (48) hours of train loading, or prior to Seller for analysis if Seller so requests before arrival of train at destination, whichever comes first, to Buyer at the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. address provided in Section 17 hereof.
12.2 Seller shall be given copies of all analyses made by perform at Seller’s cost a “short proximate” analysis (for moisture, ash, sulfur and calorific value) for each trainload sample.
12.3 If a dispute arises between Buyer by the fifth and Seller concerning a trainload sample within forty-five (5th45) business day days of the month following date on which the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at subject trainload was loaded due to a difference between Buyer’s facilities. and Seller’s analyses that exceeds ASTM standards for tolerance on at least one parameter, on reasonable notice to Buyer, shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the Referee Sample before the Disposal Date, Buyer’s analysis third part shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained made by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) laboratory, mutually chosen by Buyer and Seller. For each coal The average of the results of the two (2) closest analyses with respect to the disputed quality specification characteristic (among Seller’s, Buyer’s and the independent laboratory’s analyses) shall be controlling for purposes of the trainload in question, if the . The cost of analysis of the Independent Lab differs made by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis such independent commercial laboratory shall be disregarded. All testing of the Referee Sample borne by the Independent Lab shall be at requestorParty whose analysis is not used in the final determination; provided, however, in the event the commercial laboratory’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such caseare inconclusive and therefore not used, the cost of the analysis made shall be shared equally by the Independent Lab shall be borne by the party who provided the original Payment AnalysisParties hereto.
Appears in 1 contract
Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM standards or other methods by any industry-accepted standard, mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality , may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloadingdeliveries made hereunder. Seller represents that it is familiar with Buyer’s 's sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s 's sampling and analysis practices. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or industryindustry Contract #LGE 99-002 accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer. One (1) ; one part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Buyer until thirty the 25th of the month following the month of unloading (30) days after the sample is taken (“"Disposal Date”), ") and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) 12th business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysishereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture ▇▇▇▇▇▇▇▇ #▇▇▇ ▇▇-▇▇▇ (▇▇) 0.50% ash on a dry basis (iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the applicable ASTM reproducibility standardsamounts listed above, then the analysis of the Independent Lab results will govern, shall prevail and the prior Buyer's analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the The cost of the analysis made by the Independent Lab shall be borne by Seller to the party who provided extent that Buyer's analysis prevails and by Buyer to the original Payment Analysisextent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Sources: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM standards or other methods by any industry-accepted standard, mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality , may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloadingdeliveries made hereunder. Seller represents that it is familiar with Buyer’s 's sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s 's sampling and analysis practices. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or industry-industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer. One (1) ; one part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Buyer until thirty the 25th of the month following the month of unloading (30) days after the sample is taken (“CONTRACT #▇▇-▇▇▇-▇▇▇ "Disposal Date”), ") and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business 12th day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysishereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture (ii) 0.50% ash on a dry basis (iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the applicable ASTM reproducibility standardsamounts listed above, then the analysis of the Independent Lab results will govern, shall prevail and the prior Buyer's analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the The cost CONTRACT #▇▇-▇▇▇-▇▇▇ of the analysis made by the Independent Lab shall be borne by Seller to the party who provided extent that Buyer's analysis prevails and by Buyer to the original Payment Analysisextent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Sources: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM standards or other methods by any industry-accepted standard, mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality , may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloadingdeliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer. One (1) ; one part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Buyer until thirty the twenty-fifth (3025th) days after of the sample is taken month following the month of unloading (the “Disposal Date”), ) and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) ; and one part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth twelfth (5th12th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysishereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification analysis of Buyer by more than the applicable ASTM reproducibility standards as an amount equal to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.or less than:
(i) 0.50% moisture (ii) 0.50% ash on a dry basis
Appears in 1 contract
Sources: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The Buyer shall perform all sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, at its expense and the results thereof of Buyer’s testing shall be accepted and used as defining for the quality and characteristics of the coal fuel delivered under this Agreement and as the Payment Analysis. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both partiesPurchase Order. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality shall be may observe the Payment Analysis only when Buyer’s sampler and/or scales are inoperableunloading, or if Buyer fails to obtain a sampling, sample upon unloading. Seller represents that it is familiar with Buyer’s sampling preparation and analysis practices, and that it finds them to be acceptablehereunder. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for the fuel delivered under this Purchase Order shall be performed in substantial compliance with ASTM standards where applicable or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune of the execution of this Agreement, unless the Parties otherwise mutually agreeagreed methods. Each fuel sample taken collected by the Buyer shall be properly divided into at least four (4) parts and put into airtight containers, properly labeled and sealedsub-samples. One (1) part shall be used for analysis analyzed by BuyerBuyer pursuant to the terms herein. One (1) part shall be used by Buyer as a check sample, if Buyer Seller in its sole reasonable judgment determines it is necessary. One (1) ; one part shall be retained by Buyer until thirty the twenty fifth (3025th) days of the month following the month of unloading (the “Disposal Date”) after the sample is taken (“Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth tenth (5th10th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal fuel delivered hereunder and shall be the Payment Analysishereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis All testing of any such sample by the Independent Lab differs shall be at requestor’s expense unless the results differ by more than the applicable ASTM reproducibility standards. If the Independent Lab results differ from Buyer’s analysis by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, govern and the prior analysis shall be disregarded. All testing costs of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment AnalysisBuyer.
Appears in 1 contract
Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as Agreement. Buyer shall send to Seller by telecopier or electronic data transmittal a copy of the Payment Analysisanalysis within ten (10) business days after sampling the applicable shipment. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM standards or other methods by any industry-accepted standard, mutually acceptable to both parties. Seller , may be composited and shall transmit its “as loaded” quality analysis CONTRACT #▇▇-▇▇▇-▇▇▇ be taken with a frequency and regularity sufficient to Buyer as soon as possible. Seller’s “as-loaded” quality shall be provide reasonably accurate representative samples of the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloadingdeliveries made hereunder. Seller represents that it is familiar with Buyer’s 's sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s 's sampling and analysis practices. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or industry-industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer. One (1) ; one part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Buyer until thirty the 25th of the month following the month of unloading (30) days after the sample is taken (“"Disposal Date”), ") and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business 12th day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysishereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") CONTRACT #▇▇-▇▇▇-▇▇▇ mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture (ii) 0.50% ash on a dry basis (iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the applicable ASTM reproducibility standardsamounts listed above, then the analysis of the Independent Lab results will govern, shall prevail and the prior Buyer's analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the The cost of the analysis made by the Independent Lab shall be borne by Seller to the party who provided extent that Buyer's analysis prevails and by Buyer to the original Payment Analysisextent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Sources: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The sampling and analysis of the coal delivered hereunder each Shipment shall be performed by Buyer upon delivery Seller in the process of the coal to Buyer’s facilityloading individual Shipments, except as otherwise provided herein, and the results thereof shall be accepted and used as the defining the quality and characteristics of the coal delivered under this Agreement and as shall be used in determining the payments for the relevant Shipments (the “Payment Analysis”). All analyses shall be made in Buyerby an independent commercial testing laboratory, at Seller’s laboratory at Buyer’s expense expense, in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as as-loaded” quality analysis to Buyer as soon as possible. SellerBuyer’s “as-loadedunloaded” quality shall be the Payment Analysis only when BuyerSeller’s sampler and/or scales are inoperable, or if Buyer Seller fails to obtain a sample upon unloadingloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller Buyer in writing of any significant changes in BuyerSeller’s sampling and analysis practices. Any such changes in BuyerSeller’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties parties otherwise mutually agree. Each sample taken by Buyer Seller shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by BuyerSeller. One (1) part shall be used by Buyer Seller as a check sample, if Buyer Seller in its sole judgment determines it is necessary. One (1) part shall be retained by Buyer Seller until thirty (30) days after the sample is taken (“Disposal Date”), and shall be delivered to Seller Buyer for analysis if Seller Buyer so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Buyer Seller until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to BuyerSeller, shall have the right to have a representative present to observe the sampling and analyses performed by BuyerSeller. Unless Seller Buyer requests an analysis of the Referee Sample before the Disposal Date, BuyerSeller’s analysis shall be used to determine the quality of the coal delivered hereunder under this Agreement and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Buyer Seller shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer ▇▇▇▇▇ and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.
Appears in 1 contract
Sources: Coal Supply Agreement
Sampling and Analysis. The Seller has sole responsibility for quality control of only coal and shall forward its loading quality to Buyer within two business days after loading. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facilityon a per Shipment basis, as defined hereinabove, and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as Agreement. Buyer shall send to CONTRACT #LGE02014 Seller by telecopier or electronic data transmittal a copy of the Payment Analysisanalysis within five (5) business days after sampling the applicable shipment. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM such standards or other methods mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality for sampling, may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptabledeliveries made hereunder. Buyer shall notify Seller in writing of any significant changes in Buyer’s 's sampling and analysis practicespractices within five (5) days after any such change. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties otherwise mutually agreeagreed upon. Each sample taken by Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer. One (1) ; one part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Buyer until thirty the 25th of the month following the month of unloading (30) days after the sample is taken (“"Disposal Date”), ") and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) 12th business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality of the coal Coal delivered hereunder and shall be the Payment Analysishereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Buyer CONTRACT #LGE02014 shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture (ii) 0.50% ash on a dry basis (iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the applicable ASTM reproducibility standardsamounts listed above, then the analysis of the Independent Lab results will govern, shall prevail and the prior Buyer's analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the The cost of the analysis made by the Independent Lab shall be borne by Seller to the party who provided extent that Buyer's analysis prevails and by Buyer to the original Payment Analysisextent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Sources: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or industry-reliable and industry accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually by any reliable and industry accepted standard acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality , may be composited, and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloadingdeliveries made hereunder. Seller represents that it is familiar with Buyer’s 's sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any CONTRACT #▇▇-▇▇▇-▇▇▇ significant changes in Buyer’s 's sampling and analysis practices. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or industry-industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer. One (1) ; one part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Buyer until thirty the 25th of the month following the month of unloading (30) days after the sample is taken (“"Disposal Date”), ") and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business 12th day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysishereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer's analysis shall prevail and the analysis of the CONTRACT #▇▇-▇▇▇-▇▇▇ Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture (ii) 0.50% ash on a dry basis (iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the applicable ASTM reproducibility standardsamounts listed above, then the analysis of the Independent Lab results will govern, shall prevail and the prior Buyer's analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the The cost of the analysis made by the Independent Lab shall be borne by Seller to the party who provided extent that Buyer's analysis prevails and by Buyer to the original Payment Analysisextent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Sources: Spot Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its loading quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered loaded hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, Seller and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in BuyerSeller’s laboratory or an independent laboratory at BuyerSeller’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesexpense. Samples for analyses shall be taken in accordance by Seller’s approved procedures of sampling, may be composited and shall be taken with ASTM standards or other methods mutually acceptable a frequency and regularity sufficient to both partiesprovide reasonably accurate representative samples of the loadings made hereunder. Seller shall transmit its “as loaded” quality analysis to notify Buyer as soon as possible. Seller’s “as-loaded” quality shall be the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in BuyerSeller’s sampling and analysis practices. Any such changes in BuyerSeller’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, shall provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer Seller shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer. One (1) Seller; one part shall be used by Buyer Seller as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) one part shall be retained by Buyer Seller until thirty (30) days after the sample is taken (“Disposal Date”)) after the sample is taken, and shall be delivered to Seller Buyer for analysis if Seller Buyer so requests before the Disposal Date. One (1) ; and one part (the “Referee Sample”) shall be retained by Buyer Seller until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to BuyerSeller, shall have the right to have a representative present to observe the sampling and analyses performed by BuyerSeller. Unless Seller Buyer requests an analysis of the a Referee Sample analysis before the Disposal Date, BuyerSeller’s analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysisloaded hereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Buyer Seller shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis All testing of any such sample by the Independent Lab differs shall be at requestor’s expense unless the results differ by more than the applicable ASTM reproducibility standards, in such case Buyer will pay for testing. If the Independent Lab results differ by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the The cost of the analysis made by the Independent Lab shall be borne by Buyer to the party who provided extent that Seller’s analysis prevails and by Seller to the original Payment Analysisextent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Sources: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)
Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Buyer’s 's laboratory at Buyer’s 's expense in accordance with ASTM standards where applicable, or industryindustry- CONTRACT #▇▇-▇▇▇-▇▇▇ accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM standards or other methods by any industry-accepted standard, mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality , may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloadingdeliveries made hereunder. Seller represents that it is familiar with Buyer’s 's sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s 's sampling and analysis practices. Any such changes in Buyer’s 's sampling and analysis practices shall, except for ASTM or industry-industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer. One (1) ; one part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Buyer until thirty the 25th of the month following the month of unloading (30) days after the sample is taken (“"Disposal Date”), ") and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business 12th day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Buyer’s 's analysis shall be used to determine the quality CONTRACT #▇▇-▇▇▇-▇▇▇ of the coal delivered hereunder and shall be the Payment Analysishereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs from the analysis of Buyer by an amount equal to or less than:
(i) 0.50% moisture (ii) 0.50% ash on a dry basis (iii) 100 Btu/lb. on a dry basis (iv) 0.10% sulfur on a dry basis. For each coal quality specification in question, if the analysis of the Independent Lab differs from the analysis of Buyer by an amount more than the applicable ASTM reproducibility standardsamounts listed above, then the analysis of the Independent Lab results will govern, shall prevail and the prior Buyer's analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the The cost of the analysis made by the Independent Lab shall be borne by Seller to the party who provided extent that Buyer's analysis prevails and by Buyer to the original Payment Analysisextent that the analysis of the Independent Lab prevails.
Appears in 1 contract
Sources: Coal Supply Agreement (Louisville Gas & Electric Co /Ky/)