Common use of Testing and Analysis Clause in Contracts

Testing and Analysis. Provider is not obligated to test or perform quality analyses of Crude Oil received into, stored in or delivered out of any Facility on behalf of Customer unless specifically agreed to by the Parties in writing, and any such testing or analyses, including costs thereof, will be for Customer’s account. In the absence of fraud or manifest error, any quality determination performed by Provider shall be binding on both Parties. Provider is not obligated to accept, and Provider may, without prejudice to any other remedies, reject Customer’s Crude Oil that fails to conform to the applicable quality specifications of Customer.