Common use of Analysis Procedures Clause in Contracts

Analysis Procedures. The entity responsible for Coal quality analysis shall be an independent certified laboratory (the “Analysis Person”). The Analysis Person shall be chosen by good faith agreement of the Parties, and if the Parties fail to agree as to the Analysis Person, then Seller shall select the Analysis Person. The Analysis Person shall, at Seller’s expense, perform, on an “as-received” basis, a per Unit Train short proximate analysis, which shall include total moisture, ash, Btu/lbs, sulfur( % and lbs SO2/mmBtu), HGI, chlorine, and ash fusion (reducing). The Analysis Person shall also perform, on a quarterly “as-received” basis for each Source mine, a composite analysis of all trains loaded at the Source mines to all customers, which shall include the short proximate, ultimate, forms of sulfur, water soluble alkalines, full ash fusion temperatures, ash chemistry and trace element analysis, as more specifically identified in Schedule 7 attached to a Confirmation. At the request of either Buyer or Seller, and at the expense of the requesting Party, additional analyses may be performed.