Determination of Quality. Samples taken on mutually agreed occasions and at mutually agreed input sampling points shall be the basis for determining compliance with specifications for the quality of Ethylene delivered hereunder. Subject to the remaining provisions of this section, Seller's laboratory analysis, conducted in accordance with the provisions of Exhibit A, shall conclusively determine whether Ethylene specifications have been met. Seller shall retain analytical data for at least 90 days. Seller shall monitor the quality of Ethylene introduced into the delivery pipelines to each of the Delivery Points. If abnormalities occur in the operation of Buyer's U.S. Plants supplied hereunder or in plant operations downstream of any other mutually agreed upon Delivery Points, Buyer may provide notice requiring Seller, for a reasonable period of time, to take three representative samples of Ethylene from the relevant sampling point each day. Two of such samples shall be delivered to Buyer and one shall be retained by Seller for analysis in accordance with the provisions of Exhibit A. Buyer shall arrange for analysis of one of the samples in its custody in accordance with the provisions of Exhibit A. Seller and Buyer shall promptly advise each other of the results of their respective analyses. If Buyer deems there to be a material difference in the parties' analysis of their respective samples and if such difference cannot be reconciled within one week of Buyer's notice thereof, the remaining sample shall be submitted to a nationally recognized independent testing laboratory, agreeable to both Buyer and Seller, for analysis in accordance with the provisions of Exhibit A. The parties will be bound by the independent laboratory's determination and will equally bear the cost of such independent analysis.
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Sources: Sales Agreement (Equistar Funding Corp), Sales Agreement (Equistar Funding Corp)
Determination of Quality. Samples taken on mutually agreed occasions and at mutually agreed input sampling points shall be the basis for determining compliance with specifications for the quality of Ethylene delivered hereunder. Subject to the remaining provisions of this section, Seller's ’s laboratory analysis, conducted in accordance with the provisions of Exhibit A, shall conclusively determine whether Ethylene specifications have been met. Seller shall retain analytical data for at least 90 days. Seller shall monitor the quality of Ethylene introduced into the delivery pipelines to each of the Delivery Points. If abnormalities occur in the operation of Buyer's ’s U.S. Plants supplied hereunder or in plant operations downstream of any other mutually agreed upon Delivery Points, Buyer may provide notice requiring Seller, for a reasonable period of time, to take three representative samples of Ethylene from the relevant sampling point each day. Two of such samples shall be delivered to Buyer and one shall be retained by Seller for analysis in accordance with the provisions of Exhibit A. Buyer shall arrange for analysis of one of the samples in its custody in accordance with the provisions of Exhibit A. Seller and Buyer shall promptly advise each other of the results of their respective analyses. If Buyer deems there to be a material difference in the parties' ’ analysis of their respective samples and if such difference cannot be reconciled within one week of Buyer's ’s notice thereof, the remaining sample shall be submitted to a nationally recognized independent testing laboratory, agreeable to both Buyer and Seller, for analysis in accordance with the provisions of Exhibit A. The parties will be bound by the independent laboratory's ’s determination and will equally bear the cost of such independent analysis.
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