Common use of Testing and Samples Clause in Contracts

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. If Producer knows or has reason to believe that any Distiller’s '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 's Grains can be tested before entering interstate commerce. If Gold knows or has reason to believe that any Distiller’s '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 's Grains. If the test was initiated by Gold pursuant to the preceding sentence and if the Distiller’s '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 's Grains. Producer shall be responsible for all testing costs in all other circumstances. Producer will take an origin sample of Distiller’s 's Grains from every truck and railcar loaded with Distiller’s '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 '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.