Common use of Sampling and Analysis Clause in Contracts

Sampling and Analysis. 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 designated for delivery to Buyer shall be undertaken as a "quick analysis" by an independent laboratory acceptable to Buyer. Seller shall furnish the results of such analysis by facsimile transmission to the Warrick Power Plant at (812) 491-4701, within twenty-four (24) ho▇▇▇ ▇▇ delivery to the P▇▇▇▇. ▇▇▇▇ ▇▇▇lyses 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 Mine 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 of such analysis shall govern as to the quality of the coal shipment as to which such sample pertains. B. Sampling and analysis shall be performed on not greater than 1,500-ton batches. C. If it is determined that samples have been obtained incorrectly, Seller and Buyer shall attempt to determine the 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 their analyses. If required, a reasonable adjustment shall be made in amounts invoiced and payments made to compensate for any 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 the quality specifications set forth herein will not be accepted by Buyer unless authorized prior to shipment. At the 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 such non-conforming coal.

Sampling and Analysis. Each daily shipment Analysis of calorific value, ash, sulfur, moisture and, if requested by Buyer, ash softening temperature, shall be made by Seller or at its direction for each day's deliveries of coal. Analysis shall be performed in accordance with the latest methods approved by the American Society for Testing and Materials (ASTM) or such other methods as the parties may agree upon. Samples shall be taken by Buyer on a regular basis in accordance with ASTM standards utilizing the automated sampler located in the secondary crusher at the point of delivery. Other sampling methods and locations may be used from time to time upon mutual agreement of the parties. All samples shall be divided into three parts and put in suitable airtight containers. One part shall be taken and analyzed by Seller, one part shall be retained by Buyer and may be analyzed by Buyer at its discretion and the third part shall be retained by Seller for not less than one month in one of the aforesaid containers properly sealed and labeled to be analyzed if a dispute arises due to any differences between Seller's analysis and Buyer's analysis. The results of Seller's analysis for each day's deliveries of coal during a calendar month shall be sampled and analyzed within twenty-four (24) hours communicated to Buyer as soon as practicable after the end of delivery to such calendar month so that Buyer can perform the Plantcalculations described in Section 9. Such Seller shall pay for the cost of the analysis of the coal designated for delivery samples to be analyzed by it. Buyer shall bear the cost of any analysis it should decide to make of the samples it retains. The analysis of the third part of each sample, should its analysis be undertaken as a "quick analysis" found necessary, shall be made by an independent commercial testing laboratory acceptable to Buyer. Seller shall furnish the results of such analysis by facsimile transmission to the Warrick Power Plant at (812) 491-4701mutually chosen, within twenty-four (24) ho▇▇▇ ▇▇ delivery to the P▇▇▇▇. ▇▇▇▇ ▇▇▇lyses 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 Mine 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 of such commercial laboratory analysis shall govern be made available and accepted by all parties hereto as to the quality of the coal shipment as to which represented by such sample pertains. B. Sampling and analysis sample. The costs thereof shall be performed on not greater than 1,500shared one-ton batches. C. If it is determined that samples have been obtained incorrectly, half by Seller and Buyer shall attempt to determine the effect, if any, on quality determinations as the same may apply to the price for coal paid one-half by Buyer with respect to samples previously used by Buyer and Seller in their analyses. If required, a reasonable adjustment shall be made in amounts invoiced and payments made to compensate for any 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 dateBuyer. D. Coal not complying with the quality specifications set forth herein will not be accepted by Buyer unless authorized prior to shipment. At the 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 such non-conforming coal.

Sampling and Analysis. 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 designated for delivery to Buyer shall be undertaken as a "“quick analysis" ” by an independent laboratory acceptable to Buyer. Seller shall furnish the results of such analysis by facsimile transmission to the Warrick W▇▇▇▇▇▇ Power Plant at (812▇▇▇) 491▇▇▇-4701▇▇▇▇, within twenty-four (24) ho▇▇▇ ▇▇ hours of delivery to the P▇▇▇▇Plant. ▇▇▇▇ ▇▇▇lyses 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 ’s Mine for a period of ninety (90) days. Upon Buyer's ’s request, the retained sample split shall be sent to an independent laboratory for analysis and the results of such analysis shall govern as to the quality of the coal shipment as to which such sample pertains. B. Sampling and analysis shall be performed on not greater than 1,500-2,000 ton batches. C. If it is determined that samples have been obtained incorrectly, Seller and Buyer shall attempt to determine the 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 their analyses. If required, a reasonable adjustment shall be made in amounts invoiced and payments made to compensate for any 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 the quality specifications set forth herein will not be accepted by Buyer unless authorized prior to shipment. At the 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 such non-conforming coal.

Sampling and Analysis. 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 designated for delivery to Buyer shall be undertaken as a "“quick analysis" ” by an independent laboratory acceptable to Buyer. Seller shall furnish the results of such analysis by facsimile transmission to the Warrick F.▇. ▇▇▇▇▇▇ Power Plant at (812▇▇▇) 491▇▇▇-4701▇▇▇▇, within twenty-four (24) ho▇▇▇ ▇▇ hours of delivery to the P▇▇▇▇Plant. ▇▇▇▇ ▇▇▇lyses 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 ’s Mine for a period of ninety (90) days. Upon Buyer's ’s request, the retained sample split shall be sent to an independent laboratory for analysis and the results of such analysis shall govern as to the quality of the coal shipment as to which such sample pertains. B. Sampling and analysis shall be performed on not greater than 1,500-2,000 ton batches. C. If it is determined that samples have been obtained incorrectly, Seller and Buyer shall attempt to determine the 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 their analyses. If required, a reasonable adjustment shall be made in amounts invoiced and payments made to compensate for any 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 the quality specifications set forth herein will not be accepted by Buyer unless authorized prior to shipment. At the 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 such non-conforming coal.

Sampling and Analysis. Each daily shipment The quality of coal lignite delivered to SWEPCO from the Mine for use at SWEPCO’s Plant shall be sampled determined by analyses of samples taken at a point or points mutually agreed upon by SWEPCO and analyzed within twenty-four (24) hours SABINE. Sampling and analyses shall be performed by methods which meet the standards of delivery the ASTM, or by such other methods as may be mutually agreed upon between SWEPCO and SABINE. SWEPCO shall cause the samples to be transported to the PlantLaboratory. Such Each sample shall be processed, split into three (3) equal parts and placed in suitable airtight containers by SWEPCO or the Laboratory. Part one of each sample shall be analyzed by the Laboratory, and the cost of such analysis shall be included in the Cost of Production. Part two of each sample shall be properly identified and stored in the Laboratory for a period of not less than sixty (60) days for either party to analyze at its own expense if it so desires. Part three of each sample shall be properly identified and stored by SWEPCO for a period of not less than sixty (60) days. The cost of analysis of part three of the coal designated for delivery to Buyer sample, if required, shall be undertaken borne equally by SWEPCO and SABINE. For deliveries for which a sample is not available or for which a sample is agreed by SWEPCO and SABINE to be incorrect, the weighted average of the immediately preceding three (3) days sample analyses which are available shall be utilized. The results of the analyses performed by the Laboratory on part one of the samples shall be binding on the parties and shall be deemed to represent the quality and characteristics of the lignite delivered hereunder unless one party notifies the other of a dispute concerning such analysis within the sixty (60) day period specified in the preceding paragraph. If the analysis of part one is disputed and the analyses of parts one and two of the sample differ by more than the reproducibility values specified by ASTM or any other mutually agreeable tolerances, then part three of such sample shall be analyzed by a commercial testing laboratory mutually chosen and using ASTM standards or mutually accepted procedures. When all three parts of a sample are analyzed, the average of the two closest sample results will be used to represent the quality of the lignite delivered on the day such samples were taken; provided, however, that if the two closest sample results differ by more than the reproducibility values specified by ASTM or any other mutually agreeable tolerances, then the weighted average of the immediately preceding three (3) days sample analyses which are available shall be deemed to be the quality and characteristics of the daily delivery of lignite under consideration. As soon as a "quick analysis" by an independent laboratory acceptable to Buyer. Seller practicable after the end of each month, SABINE shall furnish SWEPCO with a summary of the analyses performed by the Laboratory during the preceding month on part one of each sample. In addition, if either party elects to analyze part two of a sample, that party shall deliver the results of such analysis by facsimile transmission analyses to the Warrick Power Plant at other party within seven (8127) 491-4701, within twenty-four (24) ho▇▇▇ ▇▇ delivery Business Days of receiving such results. SABINE and SWEPCO each shall have the right to the P▇▇▇▇. ▇▇▇▇ ▇▇▇lyses 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 Mine for request 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 of such analysis shall govern as to the quality bias test of the coal shipment as sampling system if it questions the accuracy of said system. The party requesting such bias test shall pay all costs of any such challenge bias test unless the sampling system is found to which such sample pertains. B. Sampling and analysis shall be performed on not greater than 1,500-ton batches. C. If it is determined that samples have been obtained incorrectly, Seller and Buyer shall attempt to determine the 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 their analyses. If required, a reasonable adjustment shall be made in amounts invoiced and payments made to compensate for any 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 in which case SWEPCO and SABINE each shall pay fifty percent (50%) of the costs of such test. SABINE shall have the right to improper preparation of samples have a representative present at any and all times to be analyzedobserve the sampling. If the sampling system is replaced or substantially modified, faulty analytical equipmentthen SWEPCO shall perform, or faulty laboratory methodsat its sole cost, 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 bias test of the sampling procedures system as so replaced, altered or the accuracy of the sample analyses, or (ii) the date that the inaccuracy was first determined, whichever was the earlier datemodified. D. Coal not complying with the quality specifications set forth herein will not be accepted by Buyer unless authorized prior to shipment. At the 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 such non-conforming coal.