Dry Sand definition
Examples of Dry Sand in a sentence
SSS shall provide Producer with a written record of Dry Sand Weight calculations for the Dry Sand that it receives at the Dry Sand Silos on any day.
SSS may intermingle Dry Sand produced hereunder with SSS’s dry sand produced under other agreements and stored in the Dry Sand Silos.
Not later than ten (10) Days prior to the estimated Dry Plant Completion Date, and not later than ten (10) Business Days prior to the beginning of each Agreement Month thereafter, Producer shall provide SSS with a non-binding, good faith estimate for Dry Sand to be delivered to the Dry Sand Silos for the following Agreement Month and for each Agreement Month for the subsequent eleven Agreement Months (a “12-Month Rolling Forecast”).
At the expiration of the Term of this Agreement, SSS shall release to Producer care, custody, and control of all Wet Sand, Dry Sand, and Dry Sand Byproduct on the Site.
In each order for the delivery of Dry Sand to the Tender Delivery Point in an upcoming Day (a “Dry Sand Tender Order”), Producer shall have the right to specify the quantity of any Dry Sand previously delivered to the Dry Sand Silos that Producer requires (subject to the arrival of Producer’s or a Producer Party’s railcars) to be delivered by SSS to the Tender Delivery Point.
In addition, the Dry Sand Production Price shall include all consideration for storing, loading, and otherwise delivering the Dry Sand to the Tender Delivery Point pursuant to this Agreement, and SSS shall be entitled to no payment therefor other than the Dry Sand Production Price.
Any claim that Dry Sand delivered by SSS to Producer at the Dry Sand Silos or the Tender Delivery Point is Non-Conforming Dry Sand must be made in writing by Producer and received by SSS within thirty (30) days from the date of delivery of such Dry Sand.
Charges for freight and all related costs for transportation of the Dry Sand to the destination designated by Producer shall be paid by Producer; provided, however, SSS shall be responsible for reasonable demmurage charges incurred by Producer to the extent caused entirely by SSS.
SSS shall maintain accurate and complete records and data, as reasonably necessary to calculate or confirm the correctness of the amount, in tons, of Wet Sand that SSS processed and all Dry Sand that SSS supplied to Producer during the preceding Month, the applicable Dry Sand Production Price for such Dry Sand, and any other claims for payment or recovery of costs or expenses made by SSS under this Agreement.
Following a communication from Producer of such need for adjustment, SSS shall use reasonable efforts to accommodate such deviation, but in doing so shall be under no obligation to alter its own Dry Sand production plans from SSS’s own Wet Sand.