Common use of Sampling and Analysis Clause in Contracts

Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed at Seller's expense at the Mine by an independent commercial testing laboratory ("Independent Lab") mutually selected by Buyer and Seller. The results thereof shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in accordance with American Society of Testing Materials ("A.S.T.M.") or other mutually agreed to specifications. Samples for analysis shall be taken in accordance with A.S.T.M. standards, may be composited, and shall be taken with a frequency and regularity sufficient to provide accurate representative samples of the deliveries made hereunder. Each sample shall be divided into 3 parts and put into airtight containers, properly labeled and sealed. One part shall be used for analysis by the Independent Lab, one part shall be made available to Buyer as a check sample, if Buyer in its sole judgment determines it is necessary, and one part ("Referee Sample") shall be retained for a period of 30 days. Buyer shall be given timely and routine copies of all analyses made by the Independent Lab. Seller will fax results and relevant coal quality information to Buyer's designee and to its Plant Manager, 24 hours prior to shipment. Buyer, on reasonable notice to Seller shall have the right to have a representative present to observe the sampling and analysis. Unless Buyer requests a Referee Sample analysis, the Independent Lab analysis shall be used to determine the quality of the coal delivered hereunder.

Sampling and Analysis. The All sampling and analysis will be performed in accordance with methods approved by ASTM or such alternate written standards and procedures mutually agreed to by the Parties. The quality of Dedicated Lignite or Alternate Fuel delivered to Buyer by Seller shall be determined by analysis of samples taken daily at the Facility by the Buyer at a point mutually agreed to by the Parties. Buyer will take samples by means of an automatic mechanical sampling system to be owned, operated and maintained by Buyer. Buyer shall cause the samples to be transported to a laboratory of Buyer=s choice. Buyer=s laboratory shall participate in round xxxxx testing to verify the accuracy of sample preparation and analysis. If the round xxxxx testing establishes that the laboratory=s sample preparation and analysis is inaccurate, the Parties will agree upon a new laboratory. Each sample shall be processed, split into three equal parts and placed in suitable airtight containers by Buyer or the laboratory. Part one of each sample shall be analyzed by the laboratory at Buyer=s expense. Part two of each sample shall be properly identified and stored at the laboratory for a period of not less than fifteen (15) Business Days for Seller to analyze at its own expense if it so desires. Part three of each sample shall be properly identified and stored for a period of not less than thirty (30) Business Days. The cost of analysis of part three of the coal delivered hereunder sample, if required, shall be performed at Seller's expense at the Mine by an independent commercial testing laboratory ("Independent Lab") mutually selected borne equally by Buyer and Seller. The results thereof For 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 immediately preceding three (3) Days= sample analyses which are available shall be accepted and used for the quality and characteristics of the coal delivered under this Agreement. All analyses shall be made in accordance with American Society of Testing Materials ("A.S.T.M.") or other mutually agreed to specifications. Samples for analysis shall be taken in accordance with A.S.T.M. standards, may be composited, and shall be taken with a frequency and regularity sufficient to provide accurate representative samples of the deliveries made hereunder. Each sample shall be divided into 3 parts and put into airtight containers, properly labeled and sealed. One part shall be used for analysis by the Independent Lab, one part shall be made available to Buyer as a check sample, if Buyer in its sole judgment determines it is necessary, and one part ("Referee Sample") shall be retained for a period of 30 days. Buyer shall be given timely and routine copies of all analyses made by the Independent Lab. Seller will fax results and relevant coal quality information to Buyer's designee and to its Plant Manager, 24 hours prior to shipment. Buyer, on reasonable notice to Seller shall have the right to have a representative present to observe the sampling and analysis. Unless Buyer requests a Referee Sample analysis, the Independent Lab analysis shall be used to determine the quality of the coal delivered hereunderutilized.

Sampling and Analysis. The sampling quality of lignite delivered to SWEPCO from the Mine for use at SWEPCO's Plant shall be determined by analyses of samples taken at a point or points mutually agreed upon by SWEPCO and analysis of the coal delivered hereunder SABINE. Sampling and analyses shall be performed by methods which meet the standards of 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 Laboratory. 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 Seller's its own expense at 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 Mine sample, if required, shall be borne equally by an independent commercial testing laboratory 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 ("Independent Lab"3) mutually selected by Buyer and Sellerdays sample analyses which are available shall be utilized. The results thereof of the analyses performed by the Laboratory on part one of the samples shall be accepted binding on the parties and used for shall be deemed to represent the quality and characteristics of the coal lignite delivered under this Agreementhereunder unless one party notifies the other of a dispute concerning such analysis within the sixty (60) day period specified in the preceding paragraph. All If the analysis of part one is disputed and the analyses shall be made in accordance with American Society of Testing Materials ("A.S.T.M.") parts one and two of the sample differ by more than the reproducibility values specified by ASTM or any other mutually agreed to specifications. Samples for analysis shall be taken in accordance with A.S.T.M. standardsagreeable tolerances, may be composited, and shall be taken with a frequency and regularity sufficient to provide accurate representative samples then part three of the deliveries made hereunder. Each such sample shall be divided into 3 analyzed by a commercial testing laboratory mutually chosen and using ASTM standards or mutually accepted procedures. When all three parts and put into airtight containersof a sample are analyzed, properly labeled and sealed. One part 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 used for analysis deemed to be the quality and characteristics of the daily delivery of lignite under consideration. As soon as practicable after the end of each month, SABINE shall furnish SWEPCO with a summary of the analyses performed by the Independent LabLaboratory during the preceding month on part one of each sample. In addition, one if either party elects to analyze part shall be made available to Buyer as two of a check sample, that party shall deliver the results of such analyses to the other party within seven (7) Business Days of receiving such results. SABINE and SWEPCO each shall have the right to request a bias test of the sampling system if Buyer 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 be in its sole judgment determines it is necessaryerror, in which case SWEPCO and one part SABINE each shall pay fifty percent ("Referee Sample"50%) shall be retained for a period of 30 daysthe costs of such test. Buyer shall be given timely and routine copies of all analyses made by the Independent Lab. Seller will fax results and relevant coal quality information to Buyer's designee and to its Plant Manager, 24 hours prior to shipment. Buyer, on reasonable notice to Seller SABINE shall have the right to have a representative present at any and all times to observe the sampling. If the sampling and analysis. Unless Buyer requests system is replaced or substantially modified, then SWEPCO shall perform, at its sole cost, a Referee Sample analysis, the Independent Lab analysis shall be used to determine the quality bias test of the coal delivered hereundersampling system as so replaced, altered or modified.