Umpire Analysis Clause Samples

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Umpire Analysis. (a) The Independent Umpire, being an independent testing laboratory, must be chosen by the Buyer and Seller. If the Buyer and Seller fail to agree on the Independent Umpire, the Independent Umpire will be nominated by the Seller. (b) The Umpire Analysis must conduct its analysis as soon as possible. (c) The certified Umpire Analysis will be averaged with whichever of the Seller’s or the Buyer’s analysis is closer to the Umpire Analysis and the average so obtained will be accepted as final and binding by both the Buyer and Seller. (d) The cost of the Umpire Analysis will be borne equally between the Buyer and Seller. (e) Each Party may, at its own expense, have its representatives present during the Umpire Analysis conducted pursuant to this Clause 5 of this Schedule.
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Umpire Analysis. In the event that either Party wishes to challenge the result of any analysis made at the Loading Port or discharge port, it shall do so within 90 (ninety) days from the date of ▇▇▇▇ of Lading (“BL”) i.e. the date of completion of loading of the Vessel. The Umpire sample to be preserved in good air tight sealed condition for dispatch to umpire laboratory even after 90 days, if the intimation from either party is provided within 90 days from BL date In such event the Umpire Sample (Either loadport or discharge port) shall be sent to mutually acceptable internationally recognized independent commercial laboratory (the “Umpire Laboratory”). Laboratory shall perform analysis of the specifications for the parameters requested by the Party called for Umpire analysis, and issue a certificate (the “Umpire Certificate”) certifying the result of such analysis. If the difference between results on challenged Certificate of Sampling & Analysis and Umpire Certificates is greater than the inter laboratory reproducibility (61 kcal/ kg in case of GCV (ARB)), with umpire certificate results on lower side, then Umpire certificate shall prevail, else challenged Certificate of Sampling & Analysis results shall prevail as final and binding. Either party can challenge for Umpire analysis and the costs of the analysis of the Final Umpire sample by Umpire Laboratory, shall be borne by the Party whoever has lost upon challenging the results of Final certificate of sampling and analysis.
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Related to Umpire Analysis

  • Independent Analysis Each Party hereby confirms that its decision to execute this Agreement has been based upon its independent assessment of documents and information available to it, as it has deemed appropriate.

  • Risk Analysis The Custodian will provide the Fund with a Risk Analysis with respect to Securities Depositories operating in the countries listed in Appendix B. If the Custodian is unable to provide a Risk Analysis with respect to a particular Securities Depository, it will notify the Fund. If a new Securities Depository commences operation in one of the Appendix B countries, the Custodian will provide the Fund with a Risk Analysis in a reasonably practicable time after such Securities Depository becomes operational. If a new country is added to Appendix B, the Custodian will provide the Fund with a Risk Analysis with respect to each Securities Depository in that country within a reasonably practicable time after the addition of the country to Appendix B.

  • Sampling and Analysis The sampling and analysis of the coal delivered hereunder shall be performed by Buyer upon delivery of the coal to Buyer’s facility, and the results thereof shall be accepted and used as defining the quality and characteristics of the coal delivered under this Agreement and as the Payment Analysis. All analyses shall be made in Buyer’s laboratory at Buyer’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality shall be the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Buyer shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Buyer. One (1) part shall be used by Buyer as a check sample, if Buyer in its sole judgment determines it is necessary. One (1) part shall be retained by Buyer until thirty (30) days after the sample is taken (“Disposal Date”), and shall be delivered to Seller for analysis if Seller so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to Buyer, shall have the right to have a representative present to observe the sampling and analyses performed by Buyer. Unless Seller requests an analysis of the Referee Sample before the Disposal Date, Buyer’s analysis shall be used to determine the quality of the coal delivered hereunder and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.

  • Escrow Analysis If applicable, with respect to each Mortgage Loan, the Seller has within the last twelve months (unless such Mortgage was originated within such twelve month period) analyzed the required Escrow Payments for each Mortgage and adjusted the amount of such payments so that, assuming all required payments are timely made, any deficiency will be eliminated on or before the first anniversary of such analysis, or any overage will be refunded to the Mortgagor, in accordance with RESPA and any other applicable law;

  • Quantitative Analysis Quantitative analysts develop and apply financial models designed to enable equity portfolio managers and fundamental analysts to screen potential and current investments, assess relative risk and enhance performance relative to benchmarks and peers. To the extent that such services are to be provided with respect to any Account which is a registered investment company, Categories 3, 4 and 5 above shall be treated as “investment advisory services” for purposes of Section 5(b) of the Agreement.”