Common use of Weighing Clause in Contracts

Weighing. 9.1 Unless otherwise agreed by the Parties, each Shipment shall be weighed at Seller’s expense (“Shipment Weights”). Weighing shall be by means of a certified batch weighing system, certified track scales, or, in the absence of both, a batch weighing system and certified track scales, by official railroad weights. If Seller’s scales are not available to determine the valid net weight of all of the railcars in a Unit Train but valid weights are obtained for 30 or more railcars in such train, the arithmetic average of all of the valid net weights of the 30 or more railcars in such train shall be used as the net weight for each railcar in such train for which a valid net weight was not determined by Seller’s scales. If Seller’s scales are inoperative or fail to determine the valid net weight of at least 30 railcars in a Unit Train, the weighted arithmetic average of the net railcar weights of the previous ten (10). Unit Trainloads of Coal shipped to Buyer shall be used as the net weight for each of the unweighed railcars in such train. The calculation of the weighted arithmetic average net weight for the previous ten (10) Unit Trainloads shall exclude all bad-order railcars, which were not loaded, and any trainload of Coal for which the net weights were estimated on 30 or more railcars. Absent manifest error, the weights as determined hereunder will be the basis on which invoices will be rendered and payments made. 9.2 Seller shall cause the mine source to test, calibrate, and certify the scales at the source approximately every six (6) months, so to maintain them at a scale accuracy in accordance with the guidelines outlined in Handbook 44 of the National Institute of Standards and Technology. Seller shall use commercially reasonable efforts to notify Buyer as soon as it knows the date and time for such testing, calibration, and certification, and Buyer shall have the right to witness such events. 9.3 Buyer, at its own risk and expense, shall have the right to have a representative present at any and all times to observe weighing of the Coal. If either Party should at any time question the accuracy of the scales at the source, such Party may request a prompt test and, if necessary, adjustment of such track scales or batch weighing system at its expense by an entity mutually agreed upon by Buyer and Seller. Should an inaccuracy be discovered during the test, and if an adjustment of such track scales or batch weighing system is necessary, then the Party requesting such test shall be reimbursed for its expense in requesting a test and adjustment of such track scales or batch weighing system from the other, non-disputing party.

Weighing. 9.1 Unless otherwise agreed by The weight of the Parties, each Shipment lignite delivered to SWEPCO from the Mine for use at SWEPCO’s Plant shall be weighed at Seller’s expense (“Shipment Weights”determined on scales properly installed on conveyor belts leading from SWEPCO's lignite dumping facilities or by other means mutually agreed upon by SWEPCO and SABINE. SWEPCO shall consult with SABINE as to design, selection and installation of such scale(s), and the parties shall mutually agree as to such matters. Weighing The scales shall be by means of a certified batch weighing system, certified track scales, or, in the absence of both, a batch weighing system maintained and certified track scales, by official railroad weights. If Seller’s scales are not available to determine the valid net weight of all of the railcars in a Unit Train but valid weights are obtained for 30 or more railcars in such train, the arithmetic average of all of the valid net weights of the 30 or more railcars in such train shall be used as the net weight for each railcar in such train for which a valid net weight was not determined by Seller’s scales. If Seller’s scales are inoperative or fail to determine the valid net weight of at least 30 railcars in a Unit Train, the weighted arithmetic average of the net railcar weights of the previous ten (10). Unit Trainloads of Coal shipped to Buyer shall be used as the net weight for each of the unweighed railcars in such train. The calculation of the weighted arithmetic average net weight for the previous ten (10) Unit Trainloads shall exclude all bad-order railcars, which were not loaded, and any trainload of Coal for which the net weights were estimated on 30 or more railcars. Absent manifest error, the weights as determined hereunder will be the basis on which invoices will be rendered and payments made. 9.2 Seller shall cause the mine source to test, calibrate, and certify the scales at the source approximately every six (6) months, so to maintain them at a scale accuracy calibrated in accordance with the guidelines outlined in Handbook 44 of manufacturer’s recommended standards. SWEPCO shall calibrate such scale(s) on a regular basis during the National Institute of Standards Production Period (not less than monthly) and Technologymaintain such scale(s) within design tolerance. Seller shall use commercially reasonable efforts to notify Buyer as soon as it knows the date and time for such testing, calibration, and certification, and Buyer shall have the right to witness such events. 9.3 Buyer, at its own risk and expense, SABINE shall have the right to have a representative present at any and all times to observe weighing the testing and calibration of the Coalscale(s). The weight of the Norit Tons shall be determined on scales furnished and maintained by Norit. The weights thus determined shall be accepted as the quantity of lignite delivered under this Agreement and for which invoices are to be rendered and payments made in accordance with Article XII hereof. SABINE shall be given a record of all weight determinations made by SWEPCO and Norit. If either Party should SWEPCO or SABINE at any time question questions the accuracy of SWEPCO’s scales or the scales at the sourceNorit scales, such Party party may request a prompt test and, if necessary, adjustment of such track scales or batch weighing system at its expense by an entity mutually agreed upon by Buyer and Seller. Should an inaccuracy be discovered during the test, and if an adjustment of such track scales or batch weighing system is necessary, then the Party requesting such test shall be reimbursed for its expense in requesting a test and adjustment of such track scales by utilizing a material weight test, the procedures for which the parties shall mutually agree, at the requesting party’s expense. If such test reveals error in weight in excess of the manufacturer’s specified tolerances, the scale shall be adjusted to an accurate condition, and an appropriate adjustment shall be made in the invoices and payments affected by such inaccuracy; provided, however, no such adjustment shall be for a period in excess of the lesser of (a) one-half of the period since the date that either party first questioned the accuracy of the weights and the date of the last regularly scheduled test of the scales, or batch weighing system from the other, non-disputing party(b) three (3) months.

Weighing. 9.1 Unless otherwise agreed by All Deliveries: The weighing party shall determine the Partiesweight of the Coal delivered hereunder at its expense using its rail, each Shipment shall be weighed at Sellertruck, or belt scales, as applicable. (A) The accuracy of the weighing party’s expense (“Shipment Weights”rail scale(s). Weighing shall be by means of a certified , truck scale(s), or batch weighing system, certified track scalesas applicable, orshall be maintained to within plus or minus two tenths of one percent (± 0.20%) accuracy. The weighing party's rail scale(s), in the absence of bothtruck scale(s), a or batch weighing system and certified track scalessystem, by official railroad weights. If Seller’s scales are not available to determine the valid net weight of all of the railcars in a Unit Train but valid weights are obtained for 30 or more railcars in such trainas applicable, the arithmetic average of all of the valid net weights of the 30 or more railcars in such train shall be used as tested and calibrated semiannually by the net weight for each railcar in such train for which a valid net weight was not determined by Seller’s scales. If Seller’s scales are inoperative or fail to determine the valid net weight of at least 30 railcars in a Unit Train, the weighted arithmetic average of the net railcar weights of the previous ten (10). Unit Trainloads of Coal shipped to Buyer shall be used as the net weight for each of the unweighed railcars in such train. The calculation of the weighted arithmetic average net weight for the previous ten (10) Unit Trainloads shall exclude all bad-order railcars, which were not loaded, and any trainload of Coal for which the net weights were estimated on 30 or more railcars. Absent manifest error, the weights as determined hereunder will be the basis on which invoices will be rendered and payments made. 9.2 Seller shall cause the mine source to test, calibrate, and certify the scales at the source approximately every six (6) months, so to maintain them at a scale accuracy appropriate certifying agency in accordance with the guidelines outlined in Handbook 44 of the National Institute of Standards and TechnologyTechnology Handbook #44, or other procedures which shall be mutually acceptable to Seller and Buyer. At the non-weighing party’s request, which may be made from time to time, the weighing party shall inform the non-weighing party of the results of such testing and calibration. It shall be the responsibility of the weighing party to arrange and schedule scale calibrations when required. (B) The accuracy of the weighing party's belt scales shall be maintained to within plus or minus one-quarter of one percent (± 0.25%) accuracy. The weighing party's belt scales shall be tested and calibrated once each month in accordance with the guidelines outlined in the National Institute of Standards and Technology Handbook #44 or other procedures which shall be mutually acceptable to Seller and Buyer. At the non-weighing party's request, which may be made from time to time, the weighing party shall use commercially reasonable efforts inform the non-weighing party of the results of such testing and calibration. It shall be the responsibility of the weighing party to notify Buyer as soon as it knows arrange and schedule scale calibrations when required. (C) If the weighing party’s scales are discovered to be outside of acceptable tolerance ranges (± 0.20% for rail scale(s), truck scales, or batch weighing system, and ± 0.25% for conveyor belt scales), then an appropriate adjustment will be made to the tonnage and invoiced retroactively to the date and time for such testingof the most recent calibration or thirty (30) calendar days prior to the calibration which was found in error, calibration, and certification, and whichever is later. (D) Buyer shall have no obligation to pay for any Coal being delivered via truck that Buyer determines is in excess of the right maximum number of Tons of Coal that is legally deliverable to witness the plant or other consigned destination by such eventstruck at the time of such delivery in accordance with applicable law. 9.3 Buyer(E) If there is no certified belt scale system at the Delivery Point, and if the parties specifically agree that weights shall be determined hereunder by draft survey taken at its own risk the Delivery Point, then all such draft surveys to determine weight shall be conducted by an independent surveyor (certified commercial marine surveyor for vessels) experienced in the conduct of draft surveys selected by mutual agreement of the parties. In cases where (i) there is no certified belt scale system at the Delivery Point and expensea draft survey is not taken at the Delivery Point or (ii) the Delivery Point is the ultimate destination, weights and where available, sampling, shall have be determined at the right to have a representative present destination by Buyer. (F) Weights determined in accordance with this section shall be deemed accepted as correct (absent manifest error) and shall govern all invoicing and payments hereunder. Unless otherwise specified, the costs of weighing shall be for the account of the weighing party. The weighing party shall notify the other party if its scales are inoperable at any time. (G) Irrespective of which party’s weights govern for payment hereunder, Seller shall properly weigh each Shipment hereunder and all times report such weights to observe Buyer within twenty-four (24) hours after the Coal has been loaded for shipment. Seller’s weights shall be reported to the recipients designated by and in the manner specified by ▇▇▇▇▇. If Seller’s scales are inoperable, Seller shall notify Buyer. (H) Exclusive of Section 3(E), during any period when weighing party's scales are inoperable then both the determination of the Coal. If either Party should at any time question quantities of Coal delivered and the accuracy manner for sampling and analysis for such period shall be based on the following order of precedence, as applicable: (i) if the non- weighing party is able to use a scale system that is certified in accordance with the requirements of Section 3(A) above and the non-sampling party has a sampling system that is operable, then the non-weighing party shall become both the weighing party and the sampling and analysis party and the non-weighing party shall weigh the Coal in accordance with the weighing provisions of Section 3 and sample and analyze the Coal in accordance with the sampling and analysis provisions of Section 4, or (ii) if the non-weighing party is not able to use a certified scale system, then determination of the scales quantities of Coal delivered shall be made by a procedure to be established at the source, such Party may request a prompt test and, if necessary, adjustment time by agreement of such track scales or batch weighing system at its expense by an entity mutually agreed upon by Buyer and Seller. Should an inaccuracy be discovered during the test, and if an adjustment of such track scales or batch weighing system is necessary, then the Party requesting such test shall be reimbursed for its expense in requesting a test and adjustment of such track scales or batch weighing system from the other, non-disputing party.

Weighing. 9.1 Unless otherwise agreed by (a) The weight of the Parties, each Shipment lignite delivered to Buyer from the Mine shall be weighed determined on scales utilized by Buyer at Seller’s expense the Plant site on the Effective Date. If Buyer elects to replace its existing scale, Buyer and Seller shall mutually agree to the design, selection and installation of the replacement scale(s). (“Shipment Weights”). Weighing b) The scales shall be by means of a certified batch weighing system, certified track scales, or, in the absence of both, a batch weighing system maintained and certified track scales, by official railroad weights. If Seller’s scales are not available to determine the valid net weight of all of the railcars in a Unit Train but valid weights are obtained for 30 or more railcars in such train, the arithmetic average of all of the valid net weights of the 30 or more railcars in such train shall be used as the net weight for each railcar in such train for which a valid net weight was not determined by Seller’s scales. If Seller’s scales are inoperative or fail to determine the valid net weight of at least 30 railcars in a Unit Train, the weighted arithmetic average of the net railcar weights of the previous ten (10). Unit Trainloads of Coal shipped to Buyer shall be used as the net weight for each of the unweighed railcars in such train. The calculation of the weighted arithmetic average net weight for the previous ten (10) Unit Trainloads shall exclude all bad-order railcars, which were not loaded, and any trainload of Coal for which the net weights were estimated on 30 or more railcars. Absent manifest error, the weights as determined hereunder will be the basis on which invoices will be rendered and payments made. 9.2 Seller shall cause the mine source to test, calibrate, and certify the scales at the source approximately every six (6) months, so to maintain them at a scale accuracy calibrated in accordance with the guidelines outlined in Handbook 44 of the National Institute of Standards and Technology. Seller shall use commercially reasonable efforts to notify Buyer as soon as it knows the date and time for such testing, calibrationmanufacturer's recommended standards, and certification, shall be calibrated on a regular basis agreed by the Parties and Buyer shall have the right to witness such events. 9.3 Buyer, at its own risk and expense, maintained within design tolerance. Each Party shall have the right to have a representative present at any and all times to observe weighing the testing and calibration of the Coalscale(s). (c) Seller shall have the right to install a check scale on Buyer's conveyor belt(s) at Seller's expense and, if Seller so installs a check scale, Seller shall be obligated to operate, maintain and calibrate such check scale in accordance with the manufacturer's recommendations and otherwise as agreed by the Parties. (d) The weights determined pursuant to Section 11.3(a) shall be used to determine the total Tons of lignite delivered each Month under this Agreement. The total Tons of lignite delivered to Buyer each Month so determined shall be accepted as the quantity of lignite for which invoices are to be rendered and payments made in accordance with Section 8. (e) Seller shall be given a record of all weight determinations made by Buyer. Buyer shall perform an initial materials weight test within one Year of the Production Date and thereafter shall perform materials weight tests at least every five Years, and shall directly pay the costs thereof. If either Party should at any time question questions the accuracy of the scales at the sourcescales, such Party may request a prompt test and, if necessary, adjustment of such track scales or batch weighing system at its expense by an entity mutually agreed upon by Buyer and Seller. Should an inaccuracy be discovered during the test, and if an adjustment of such track scales or batch weighing system is necessary, then the Party requesting such test shall be reimbursed for its expense in requesting a test and adjustment of such track scales by utilizing a materials weight test, the procedures for which the Parties shall mutually agree. The Parties shall split all costs of any such materials weight test unless the scale is found to be in error in excess of the manufacturer's accuracy tolerances. If the scale is found to be in error, the Party owning/maintaining the scale shall pay all costs of the test. If a test reveals error in weight in excess of the manufacturer's specified tolerances, the scale shall be adjusted to an accurate condition, and an appropriate retroactive adjustment shall be made in the invoices and payments affected by such inaccuracy; provided, however, no such adjustment shall be made for a period in excess of the lesser of (i) one half (1/2) of the period since the date that either Party first questioned the accuracy of the weights and the date of the last regularly scheduled test of the scales, or batch weighing system from the other, non-disputing party(ii) three Months.

Weighing. 9.1 Unless otherwise agreed by The weight of the Parties, each Shipment lignite delivered to SWEPCO from the Mine for use at SWEPCO's Plant shall be weighed at Seller’s expense (“Shipment Weights”determined on scales properly installed on conveyor belts leading from SWEPCO's lignite dumping facilities or by other means mutually agreed upon by SWEPCO and SABINE. SWEPCO shall consult with SABINE as to design, selection and installation of such scale(s), and the parties shall mutually agree as to such matters. Weighing The scales shall be by means of a certified batch weighing system, certified track scales, or, in the absence of both, a batch weighing system maintained and certified track scales, by official railroad weights. If Seller’s scales are not available to determine the valid net weight of all of the railcars in a Unit Train but valid weights are obtained for 30 or more railcars in such train, the arithmetic average of all of the valid net weights of the 30 or more railcars in such train shall be used as the net weight for each railcar in such train for which a valid net weight was not determined by Seller’s scales. If Seller’s scales are inoperative or fail to determine the valid net weight of at least 30 railcars in a Unit Train, the weighted arithmetic average of the net railcar weights of the previous ten (10). Unit Trainloads of Coal shipped to Buyer shall be used as the net weight for each of the unweighed railcars in such train. The calculation of the weighted arithmetic average net weight for the previous ten (10) Unit Trainloads shall exclude all bad-order railcars, which were not loaded, and any trainload of Coal for which the net weights were estimated on 30 or more railcars. Absent manifest error, the weights as determined hereunder will be the basis on which invoices will be rendered and payments made. 9.2 Seller shall cause the mine source to test, calibrate, and certify the scales at the source approximately every six (6) months, so to maintain them at a scale accuracy calibrated in accordance with the guidelines outlined in Handbook 44 of manufacturer's recommended standards. SWEPCO shall calibrate such scale(s) on a regular basis during the National Institute of Standards Production Period (not less than monthly) and Technologymaintain such scale(s) within design tolerance. Seller shall use commercially reasonable efforts to notify Buyer as soon as it knows the date and time for such testing, calibration, and certification, and Buyer shall have the right to witness such events. 9.3 Buyer, at its own risk and expense, SABINE shall have the right to have a representative present at any and all times to observe weighing the testing and calibration of the Coalscale(s). The weight of the Norit Tons shall be determined on scales furnished and maintained by Norit. The weights thus determined shall be accepted as the quantity of lignite delivered under this Agreement and for which invoices are to be rendered and payments made in accordance with Article XII hereof. SABINE shall be given a record of all weight determinations made by SWEPCO and Norit. If either Party should SWEPCO or SABINE at any time question questions the accuracy of SWEPCO's scales or the scales at the sourceNorit scales, such Party party may request a prompt test and, if necessary, adjustment of such track scales or batch weighing system at its expense by an entity mutually agreed upon by Buyer and Seller. Should an inaccuracy be discovered during the test, and if an adjustment of such track scales or batch weighing system is necessary, then the Party requesting such test shall be reimbursed for its expense in requesting a test and adjustment of such track scales by utilizing a material weight test, the procedures for which the parties shall mutually agree, at the requesting party's expense. If such test reveals error in weight in excess of the manufacturer's specified tolerances, the scale shall be adjusted to an accurate condition, and an appropriate adjustment shall be made in the invoices and payments affected by such inaccuracy; provided, however, no such adjustment shall be for a period in excess of the lesser of (a) one-half of the period since the date that either party first questioned the accuracy of the weights and the date of the last regularly scheduled test of the scales, or batch weighing system from the other, non-disputing party(b) three (3) months.