Inoperative Scales Clause Samples

The Inoperative Scales clause defines the circumstances under which certain pricing or measurement scales specified in a contract become invalid or are no longer used. In practice, this clause might apply if a referenced scale for determining prices, weights, or quality grades is discontinued, replaced, or otherwise rendered unusable during the contract term. Its core function is to ensure that both parties have a clear process for selecting an alternative scale or method, thereby preventing disputes and maintaining continuity in contractual obligations when the original scale is no longer operative.
Inoperative Scales. If the scales at the Source are determined to be inoperative, the weight of such Coal delivered shall be determined by railroad weights, if available. If no railroad weights are available, then the weight of such Coal delivered shall be determined by averaging the lading weight per railcar of the last **** Unit Trains of like railcars under this Base Contract weighed at the Source prior to such breakdown.
Inoperative Scales. If all weighing facilities are inoperative or are being tested, the County shall estimate the quantity of wastes delivered on the basis of truck volumes and estimated data obtained through historical information pertinent to the hauler. These estimates shall take the place of actual weighing records during the scale outage. The County shall notify the Company within one (1) hour if all weighing facilities will be inoperative for more than one day.
Inoperative Scales. If the scales at the Source are determined to be inoperative, if the Source is a Western Mine, then the weight of such Coal delivered shall be determined by averaging the lading weight per railcar of the last five (5) Unit Trains of like equipment under this Master Agreement weighed at the Source prior to such breakdown. If less than five (5) Unit Trains of like equipment under this Master Agreement were weighed at the Source prior to the breakdown, the weight per railcar shall be determined by averaging the weight per railcar of the Unit Train(s) of like equipment under this Master Agreement weighed at the Source prior to the breakdown as well as the lading weight per railcar of Unit Train(s) of like equipment under this Master Agreement first weighed at the Source after the scales are operable, so as to comprise a five (5) Unit Train weighted average. If the Source is an Eastern Mine, the weight of such Coal delivered shall be determined by railroad weights. If railroad weights are not available, the procedure for Western Mines shall be utilized.
Inoperative Scales. If the scales at the Source are determined to be inoperative, then:

Related to Inoperative Scales

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