Determination of Quantity Clause Samples

Determination of Quantity. The number of Units to be sold and delivered by Seller hereunder shall be determined based upon the formula: N = 1.1 x C , where ------- 6 x A N = the total number of Units to be sold, rounded as required below; C = Seller's share of the Cost which shall be satisfied and paid by such sale; and A = the average closing price of Seller's common stock on the American Stock Exchange for the ten (10) days such exchange is open for the transaction of business immediately preceding the date the Registration Statement (as defined below) is filed by Seller with the United States Securities and Exchange Commission (hereinafter "the SEC"). If the sum derived from this formula is not an integer, the parties agree to round such sum to the nearest whole number greater thereof and such whole number will be deemed to be "N" for purposes of this Agreement.

Determination of Quantity. Quantity to be determined on the basis of vessel’s draft survey at the load port carried out by xxxxxx (By ▇▇▇▇▇) and xxxxxxx (by Seller). Draft survey shall be carried out in accordance with the standard code of practice. Weighing costs shall be for Seller’s account. Weight so determined shall be final and binding upon both parties and shall form the basis of the invoice. SHIPPING CONDITIONS The buyer will nominate the vessel and will notify the same at least 10 days in advance prior to the first day to the Laycan agreed. the sale will be FOB Barranquilla, Colombia. The maritime agency will be contracted by the Seller with prior acceptance of the Buyer SELLER guarantees vessel to load at one (01) SAFE port, one SAFE berth, SPRB Barranquilla. THE BUYER/Owners to satisfy themselves with all loading restrictions/regulations. LOA: 210M, maximum Beam: 32M, maximum Number of Holds: 7 maximum. Minimum cranes outreach: 6.50 Meters Air Draft: Maximum 14 Meters (average level of the river water to the hatch coaming/ covers). STOWAGE FACTOR: The stowage factor of the nut Coke 10-30mm is approx. 68 CuFt/Mt. LOAD PORT: Sociedad Portuaria Regional de Barranquilla, Barranquilla, Colombia. LOADING RATE Seller guarantees loading rate of 5,000 metric tons as long as the ship works with 4 cranes at the same time, PWWD of 24 consecutive hours. NOTICE OF READINESS -N.O.R. Notice of readiness (nor) shall be tendered any time day or night sshinc except on superholiday, provided the vessel has arrived whether in berth or not, whether in port or not, whether cleared customs or not, whether in free pratique or not, provided that the vessel is in all respects ready to load. LAYTIME - Para buques que presenten una "N.O.R" valida dentro del período ▇▇ ▇▇▇▇ hábiles aceptado, el laytime para comenzar a contar 12 horas después de la licitación de "N.O.R." válido, a menos que la carga comience antes, en cuyo caso el tiempo real utilizado en la carga para contar hasta el comienzo del tiempo de recreo. -If the vessel arrives before or after the agreed laycan range, loading shall be subject to the availability of berth. For a vessel arriving after the agreed laycan range, laytime shall begin when loading commences. For a vessel arriving before the agreed laycan range, laytime shall commence twelve (12) hours after 00:01 on the first day of the agreed laycan range, or when loading commences, whichever occurs first. Laytime or demurrage shall end when final draft survey is completed. PERTAINI...

Determination of Quantity a) Quantity determination of Product Delivered by SELLER in bulk on O‘ahu shall be made by the Independent Inspector gauging SELLER’s Product issuing tanks before and after Delivery. b) Quantity determination of Product Delivered by SELLER in bulk to the Companies’ Nominated Marine Terminal at Kaunakakai, Moloka‘i, shall be determined at the time of each Delivery by the Independent Inspector gauging the receiving tanks at said marine terminal before and after Delivery. c) Quantity determination of Product Delivered by SELLER at SELLER’s Nominated Terminal to the Companies’ Nominated Truck(s) or in SELLER’s Nominated Truck(s) to the Companies Site Locations shall be determined at the time of each Delivery by SELLER’s calibrated load rack meters, converted in each instance to volume at 60 degrees Fahrenheit by the automated rack control system. Meters shall be calibrated on an annual basis or as required and agreed by SELLER and the Companies. The Companies shall have the right at its expense, and in accordance with procedures at SELLER’s Nominated Terminal to independently certify said calibration. The Companies and SELLER shall have the right to have one representative present to witness such meter calibration.

Determination of Quantity. For purposes of this Agreement, the quantity of a Product received from or for the account of Customer shall be determined by Terminal’s inbound custody transfer meter for pipeline deliveries, if applicable. Outbound truck deliveries shall be determined by the truck rack meters. Barge and ship deliveries will be measured by independent inspection agency or static shore tank measurements. In-tank transfer quantities between customers shall be based on the exact amount of Product to be transferred. Samples may be taken by automatic sampling equipment, if available. At Terminal’s discretion, Terminal may allocate tank bottoms as operationally required.

Determination of Quantity. The quantity of Daily Products delivered hereunder shall be determined by measurement taken downstream at the measurement point for the Included Product Tanks (the “Measurement Point”), adjusted for gains or losses between the Delivery Point and the Measurement Point as determined by the Parties. The measurement shall be as reported by LW in the daily report summary, delivered to BP no later than 4:00 pm Eastern Time on the first (1st) Business Day following such delivery date. BP may from time to time and at its sole option and cost, use an independent inspector to audit and verify the accuracy of the Measurement Point meters and gauges (and if relevant, any evidence as to adjustments for gains or losses). LW and Calumet Fuels shall cooperate with BP to provide access to the independent inspectors. Any errors or omissions discovered by the independent inspector shall be promptly corrected.

Determination of Quantity. The volume of each loading of Oil shall be determined by an independent inspector selected as provided in Article 9.1.3, whose fees shall be shared equally by the Parties. Measuring and gauging shall be performed in accordance with one of the following measurement systems in decreasing order of preference, depending on the operational conditions prevailing at the Loading Port involved. Seller and Buyer or their respective representatives may witness the taking of the measurements. (a) Flow meters installed on loading lines: Such meter measurements shall be taken immediately before, during and after loading. When measurements are made with positive displacement meters, the meters and associated measurement testers will be installed, maintained and calibrated according to the latest revision of API-Manual of Petroleum Measurement Standards (API-MPMS), Chapter 6.5, “Metering Systems for Loading and Unloading Marine Bulk Carriers”; Chapter 4.2, “Conventional Pipe Provers”; Chapter 4.8, “Operation of Proving Systems”; Chapter 7, “Temperature Determination”; and Chapter 5.2, “Measurement of Liquid Hydrocarbons by Displacement Meters”. If turbine meters are used, gauging will follow the latest revision of API-MPMS, Chapter 5.3, “Measurement of Liquid Hydrocarbons by Turbine Meters”, for the meters and measurement testers. Calculation of metered quantity shall follow API-MPMS, Chapter 12.2, “Calculation of Liquid Petroleum Quantities measured by Turbine or Displacement Meters”. (b) Shore tanks: The shore tanks shall have been calibrated on a periodic basis according to the latest revision of API-MPMS, Chapter 2. The measurement of tank contents shall be performed according to the latest revisions of API-MPMS, Chapter 3, “Tank Gauging”, and Chapter 7, “Temperature Determination”. The independent inspector shall ensure that all equipment used in the performance of this work is calibrated and in good working order. Volume calculations shall follow the latest revision of API-MPMS, Chapter 12.1, “Calculation of Static Petroleum Quantities”, Part 1, “Upright Cylindrical Tanks and Marine Vessels”. In the absence of methods contained in Article 11.1 (a) or (b) above, disport flow meters, or static shore tank measurements shall be utilized to measure the quantity of the Cargo. If neither of these methods are available, the quantity of the Cargo shall be determined by utilizing the methodology for “Volume Measured on Board” specified below in Article 11.1(c). (c) Volume mea...

Determination of Quantity. (a) Quantity determination of Fuel Delivered by Seller in bulk on Oahu shall be made by the Independent Inspector gauging […] before and after Delivery. (b) Quantity determination of Fuel Delivered by Seller in bulk to the Companies’ Nominated Marine Terminal at Kaunakakai, Molokai, shall be determined at the time of each Delivery by the Independent Inspector gauging the receiving tanks at said marine terminal before and after Delivery. Such accounting shall include all pipeline flush activity for Companies account. (c) Quantity determination of Fuel Delivered by Seller at Seller’s Nominated terminal to the Companies’ Nominated truck(s) or in Seller’s Nominated truck(s) to the Companies Site Locations shall be determined at the time of each Delivery by Seller’s calibrated load rack meters, converted in each instance to volume at 60 DF by the automated rack control system. Meters shall be calibrated on an annual basis or as required and agreed by Seller and the Companies. The Companies shall have the right at its expense, and in accordance with procedures at Seller’s Nominated terminal to independently certify said calibration. The Companies and Seller shall have the right to have one representative present to witness such meter calibration.

Determination of Quantity. Quantities of Product received into Facility shall be determined by gauging of the shore tanks made before and after delivery and calculated in gallons at 60? Fahrenheit in accordance with standard gravity tables supplied by CUSTOMER. WESTWAY may, at its option, determine the quantity of Product delivered to or from Facility by direct weighing of tank car or tank trucks, both empty and loaded, on certified scales. Weighing of tank cars and trucks shall be at CUSTOMER's expense. WESTWAY will supply CUSTOMER with a monthly inventory of the Product. A month-end physical inventory shall be taken each month by WESTWAY. Any variances between the book record and the actual physical count shall be subject to an adjustment of fees as provided in Section 13.01. CUSTOMER has the right to participate in taking such physical inventory.

Determination of Quantity. Quantities of Product received into Facility shall be determined by gauging of the shore tanks made before and after delivery and calculated in gallons at 60° Fahrenheit in accordance with standard gravity tables supplied by CUSTOMER. WESTWAY may, at its option, determine the quantity of Product delivered to or from Facility by direct weighing of tank car or tank trucks, both empty and loaded, on certified scales. Weighing of tank cars and trucks shall be at CUSTOMER’s expense. WESTWAY will supply CUSTOMER with a monthly inventory of the Product. A month-end physical inventory shall be taken each month by WESTWAY. Any variances between the book record and the actual physical count shall be subject to an adjustment of fees as provided in Section 13.01. CUSTOMER (or their representative) has the right to participate in taking such physical inventory. WESTWAY shall allow a certified public inspector retained by CUSTOMER reasonable access to the Facility for the purpose of monitoring measurements of Product, which shall be at CUSTOMER’s expense.