Testing and Samples Clause Samples
Testing and Samples. If Agri-Energy knows or has reason to believe that any ethanol or isobutanol sold hereunder does not conform to or satisfy the requirements of Section 9 or may be subject to rejection under Section 10, Agri-Energy shall promptly notify Eco so that such ethanol or isobutanol can be tested before entering the stream of commerce. If Eco knows or has reason to believe that any ethanol or isobutanol does not conform to or satisfy the requirements of Section 9 or may be subject to rejection under Section 10, then Eco shall have Agri-Energy retest the retention samples at the Plant. If Agri-Energy is unable or unwilling to test the retention samples as described [**] - Indicates certain information has been redacted and filed separately with the U.S. Securities and Exchange Commission. Confidential treatment has been requested with respect to the redacted portions. above, Eco may obtain independent laboratory tests of such ethanol. If a test is initiated by Eco pursuant to the preceding sentence and the ethanol is tested and found to comply with Section 9 and to not be subject to rejection, then Eco shall be responsible for the costs of testing such ethanol and/or isobutanol. Agri-Energy shall be responsible for all testing costs in all other circumstances. Agri-Energy will take an origin sample of ethanol and/or isobutanol representative of every truck and rail car loaded at the Plant, using sampling methodology that is consistent with industry standards. Agri-Energy will label the samples to indicate the date of testing and keep records identifying specific units that were loaded from such sample. The samples and identifying records will be retained by Agri-Energy for sixty (60) days. Testing of sulfate levels shall be done on all ethanol produced at this Plant. Upon written request of Eco, Agri-Energy shall deliver to Eco a composite analysis of all ethanol and isobutanol produced at the Plant on a monthly basis, and also at such other times and for such production periods as are reasonably requested by Eco from time to time. The composite analysis shall be in a format reasonably acceptable to Eco and Agri-Energy.
Testing and Samples a. If Producer knows or has reason to believe that any Ethanol does not comply with Section 9 or may be subject to rejection under Section 10, Producer shall promptly notify Gold so that such Ethanol can be tested by Gold or by an independent laboratory selected by Gold. If Gold knows or has reason to believe that any Ethanol does not comply with Section 9 or may be subject to rejection under Section 10, then Gold may test, or may obtain independent laboratory tests of, such Ethanol. If the test was initiated by Gold pursuant to the preceding sentence and if the Ethanol is tested and found to comply with Section 9 and to not be subject to rejection under Section 10, then Gold shall be responsible for the costs of testing such Ethanol. Producer shall be responsible for all testing costs in all other circumstances.
b. Producer will take an origin sample of Ethanol from every truck and railcar loaded with Ethanol at the Plant, using sampling methodology that is consistent with then prevailing industry standards. Producer will label and number the samples to indicate the date of loading and the truck or railcar number, and will retain the samples for a period consistent with industry standards and applicable laws, rules and regulations, but in no event for less than six months. Producer shall make such samples available to Gold upon any request by Gold. Gold has the right to witness the taking of such samples at any time and from time to time.
Testing and Samples. If Producer knows or has reason to believe that any Distiller’s Grains do not comply with Section 8 or may be subject to rejection under Section 9, Producer shall promptly notify Gold so that such Distiller’s Grains can be tested before entering interstate commerce. If Gold knows or has reason to believe that any Distiller’s Grains do not comply with Section 8 or may be subject to rejection under Section 9, then Gold may obtain independent laboratory tests of such Distiller’s Grains. If the test was initiated by Gold pursuant to the preceding sentence and if the Distiller’s Grains are tested and found to comply with Section 8 and to not be subject to rejection, then Gold shall be responsible for the costs of testing such Distiller’s Grains. Producer shall be responsible for all testing costs in all other circumstances. Producer will take an origin sample of Distiller’s Grains from every truck and railcar loaded with Distiller’s Grains at the Plant, using sampling methodology that is consistent with then prevailing industry standards. Producer will label the samples to indicate the date of loading, and will retain the samples for not less than six months. Producer shall, within 3 days of the close of each calendar week, deliver to Gold a composite analysis of all Distiller’s Grains produced at the Plant during such week, and also at such other times and for such production periods as are requested by Gold from time to time. The composite analysis shall address, without limitation, the matters set forth in Exhibit “B” and shall be in a format reasonably acceptable to Gold and Producer.
Testing and Samples. The Contractor’s attention is drawn to the various clauses in the Preambles within each section of Schedule 4 with reference to the requirements concerning normal routine testing of materials and work on site. The contractor shall pay all costs incurred in submitting samples of materials and workmanship, for the approval of the Contract Administrator which shall be deemed to be included in the rates. All samples approved will be considered to be a fair indication of the quality of materials and/or workmanship to be subsequently used.
Testing and Samples. If Lincolnway knows or has reason to believe that any ethanol sold hereunder does not meet the Specifications, Lincolnway shall promptly notify Eco so that such ethanol can be tested before entering the stream of commerce. If Eco knows or has reason to believe that any ethanol does not meet the Specifications, then Eco shall promptly notify Lincolnway and may obtain independent laboratory tests of such ethanol. If a test is initiated by Eco pursuant to the preceding sentence and the ethanol is tested and found to meet the Specifications, then Eco shall be responsible for the costs of testing such ethanol. Lincolnway shall be responsible for all testing costs in all other circumstances. Lincolnway will take an origin sample of ethanol representative of every truck and rail car loaded at the Plant, using sampling methodology that is consistent with industry standards. Lincolnway will label the samples to indicate the date of testing and keep records identifying specific units that were loaded from such sample. The samples and identifying records will be retained by Lincolnway for sixty (60) days. Testing of sulfate levels shall be done on all ethanol produced at the Plant that is consistent with industry standards. Lincolnway shall deliver to Eco a composite analysis of all ethanol produced at the Plant on a monthly basis, and also at such other times and for such production periods as are reasonably requested by Eco from time to time. The composite analysis shall be in a format reasonably acceptable to Eco and Lincolnway.
Testing and Samples. 5.1 Release Testing
a) Supplier shall perform release testing of all batches of Product prior to delivery to Customer in accordance with the Product Specifications and the Master Batch Record, to determine whether such batches of Product meet the requirements set out in the Product Specifications. Customer shall be responsible for the final release of Product prior to shipping and further processing.
b) Supplier shall ensure that:
(i) its quality assurance department approves each batch of Product for release promptly following successful completion of release testing done by its quality control department (in this section “promptly” means [* * *]); and
(ii) its quality assurance department does not release any batch of Product that does not meet the requirements set out in the Product Specifications without prior written consent of Customer.
c) Supplier shall prepare a Certificate of Analysis and Certificate of Conformance, setting out the results of the release testing and which shall be included with each batch of Product shipped to Customer.
d) Customer shall have the right to oversee the activities set forth in this Section 5.1 in accordance with the Quality Agreement.
Testing and Samples. 5.1. Release Testing
(a) Supplier shall perform release testing of all Batches of Product prior to delivery to Customer in accordance with the Quality Agreement, Product Specifications and the Master Batch Record, to determine whether such Batches of Product meet the requirements set out in the Product Specifications. Customer shall be responsible for the final release of Product prior to shipping and further processing.
(b) Supplier shall ensure that:
(i) its quality assurance department approves each Batch of Product for release promptly following successful completion of release testing done by its quality control department (in this Section 5.1(b)(i) “promptly” means [***]); and
Testing and Samples