Common use of MEASUREMENT AND TESTING Clause in Contracts

MEASUREMENT AND TESTING. 8.1 The quantity and quality of crude oil delivered under the Agreement shall be determined by measurement, sampling and testing in accordance with the standard practice followed at the Loading Terminal at the time of shipment. The measurement of the Custody Transfer Quantity of Crude Oil, Sampling and Testing of the quality shall be carried out as under: (a) Delivery from FSO 8.2 Both parties shall be present for all measurements and all ticketing of deliveries which shall be completed on a joint basis. Mutually agreed inspector shall witness quantity measurement and finding of the mutual inspector shall be binding to Buyer/Seller for invoicing purpose. 8.3 Seller and Buyer shall jointly sign a statement or electronically exchange delivery document after delivery (or as otherwise mutually agreed) certifying the quantity for billing purpose. 8.4 The Parties agree to joint calibration of the measurement device at Delivery Point. 8.5 If upon conducting a test of any measurement device: (a) any measuring equipment is found to have a margin of error that is less than plus or minus zero point three percent (0.3%), then the prior recorded measurements/results of such equipment shall be deemed correct for computing the Crude Oil deliveries, but the equipment shall be promptly adjusted to operate and record and/or test correctly; (b) any measuring system in the aggregate is found to have a margin of error which exceeds plus or minus zero point three percent (0.3%), then, for the period for which such device has been known or is mutually agreed to have been so inaccurately functioning, the recorded measurements/results of such equipment shall be corrected to zero (0) margin of error for such period. If, however, the period of such inaccurate functioning of the device is not known or is not mutually agreed upon, then, from the date when the notice was given by either party, as the case may, intimating that margin of error, the recorded measurements/results by such devices shall be adjusted to a zero (0) margin of error. 8.6 The variation in loading volumes basis manual dip stick reading and ship receipt figure with Vessel Experience Factor (VEF) will be considered. In case the same is more than 0.3% (both positive as well as negative), ship receipt figure with VEF will be considered as BL figure. 8.7 Not used 8.8 In case any dispute between ▇▇▇▇▇▇ and ▇▇▇▇▇ in relation to the quality or quantity of the Crude Oil delivered hereunder cannot be resolved amicably through mutual consultation, it shall be dealt with as per the provisions of Schedule F. 8.9 Both parties are expected to have validated measurement devices at delivery point If any measurement device is out of service or is registering inaccurately, the volume of the Crude Oil purchased and sold under this Agreement shall be estimated as under: (a) By correcting the error if the proportion of the error is ascertainable by calibration or test, or analytically in accordance with acceptable international oil industry practice; or in the absence thereof; (b) By using the readings of a check meter, if installed, and accurately registering; or in the absence thereof; (c) By using an alternate acceptable form of measurement.

MEASUREMENT AND TESTING. 8.1 The quantity and quality of crude oil delivered under the Agreement shall be determined by measurement, sampling and testing in accordance with the standard practice followed at the Loading Terminal at the time of shipment. The measurement of the Custody Transfer Quantity of Crude Oil, Sampling and Testing of the quality shall be carried out as under: (a) Delivery from FSO 8.2 Both parties shall be present for all measurements and all ticketing of deliveries deliveries, which shall be completed on a joint basis. Mutually agreed inspector shall witness quantity measurement and finding findings of the mutual inspector shall be binding to Buyer/Seller for invoicing purpose. 8.3 Seller and Buyer shall jointly sign a statement or electronically exchange delivery document after delivery (or as otherwise mutually agreed) certifying the quantity for billing purpose. 8.4 The Parties agree to joint calibration of the measurement device at Delivery Point. 8.5 If upon conducting a test of any measurement device: (a) any measuring equipment is found to have a margin of error that is less than plus or minus zero zero-point three percent (0.3%), then the prior recorded measurements/results of such equipment shall be deemed correct for computing the Crude Oil deliveries, but the equipment shall be promptly adjusted to operate and record and/or test correctly; (b) any measuring system in the aggregate is found to have a margin of error which exceeds plus or minus zero point three percent (0.3%), then, for the period for which such device has been known or is mutually agreed to have been so inaccurately functioning, the recorded measurements/results of such equipment shall be corrected to zero (0) margin of error for such period. If, however, the period of such inaccurate functioning of the device is not known or is not mutually agreed upon, then, from the date when the notice was given by either party, as the case may, intimating that margin of error, the recorded measurements/results by such devices shall be adjusted to a zero (0) margin of error. 8.6 The variation in loading volumes basis manual dip stick reading and ship receipt figure with Vessel Experience Factor (VEF) will be considered. In case the same is more than 0.3% (both positive as well as negative), ship receipt figure with VEF will be considered as BL figure. 8.7 Not used 8.8 In case any dispute between ▇▇▇▇▇▇ and ▇▇▇▇▇ in relation to the quality or quantity of the Crude Oil delivered hereunder cannot be resolved amicably through mutual consultation, it shall be dealt with as per the provisions of Schedule F. 8.9 Both parties are expected to have validated measurement devices at delivery point If any measurement device is out of service or is registering inaccurately, the volume of the Crude Oil purchased and sold under this Agreement shall be estimated as under: (a) By correcting the error if the proportion of the error is ascertainable by calibration or test, or analytically in accordance with acceptable international oil industry practice; , or in the absence thereof; (b) By using the readings of a check meter, if installed, and accurately registering; , or in the absence thereof; (c) By using an alternate acceptable form of measurement.

MEASUREMENT AND TESTING. 8.1 The quantity and quality of crude oil delivered under the Agreement shall be determined by measurement, sampling and testing in accordance with the standard practice followed at the Loading Terminal at the time of shipment. The measurement of the Custody Transfer Quantity of Crude Oil, Sampling and Testing of the quality shall be carried out as under: : Wet Quantity of crude oil delivered shall be measured through the mass flow meters / ultrasonic meters/ Turbine flow meters installed by the Seller at FPSO. Total of BS&W and free water measured through the auto sampler shall be deducted from such Wet Quantity of crude oil to derive Dry Quantity of crude oil delivered. If meters installed at FPSO are not working, marine vessel dip reading with applicable VEF shall be used for calculation of dry crude oil volume. For discount purpose, BS&W (aexcluding Free Water) Delivery shall be measured from FSOAutosampler. If Autosampler is not working, then the TMB samples collected at the marine vessel after completion of loading shall be used. Sample calculation is attached in Schedule D. 8.2 Both parties Buyer & Seller or their representative shall be present for all measurements and all ticketing of deliveries which shall be completed on a joint basis. Mutually agreed inspector shall witness quantity measurement and finding of the mutual inspector shall be binding to Buyer/Seller for invoicing purpose. 8.3 Buyer & Seller and Buyer or their representative shall jointly sign a statement or electronically exchange delivery document after delivery each delivery/each batch (or as otherwise mutually agreed) certifying the quantity for billing purpose. 8.4 The Parties agree to joint calibration of the measurement device at Delivery Point. 8.5 If upon conducting a test of any measurement device: (a) any measuring equipment is found to have a margin of error that is less than plus or minus zero point three percent (0.3%), then the prior recorded measurements/results of such equipment shall be deemed correct for computing the Crude Oil deliveries, but the equipment shall be promptly adjusted to operate and record and/or test correctly; (b) any measuring system in the aggregate is found to have a margin of error which exceeds plus or minus zero point three percent (0.3%), then, for the period for which such device has been known or is mutually agreed to have been so inaccurately functioning, the recorded measurements/results of such equipment shall be corrected to zero (0) margin of error for such period. If, however, the period of such inaccurate functioning of the device is not known or is not mutually agreed upon, then, from the date when the notice was given by either party, as the case may, intimating that margin of error, the recorded measurements/results by such devices shall be adjusted to a zero (0) margin of error. 8.6 The variation in loading volumes basis manual dip stick reading flow meter and ship receipt figure with Vessel Experience Factor (VEF) will be considered. In case the same is more than 0.3% (both positive as well as negative), ship receipt figure with VEF will be considered as BL figure. 8.7 Not usedEither Party may challenge the calibration of a measurement device by advancing to the owner of such measurement device an amount equal to double the cost of retaining an Expert to test the calibration. If the recalibration test results confirm that the measurement equipment is outside of acceptable parameters, the advance shall be returned by the owner and the owner shall pay the costs of the recalibration. If the recalibration test results confirm the measurement equipment is properly functioning, the owner shall be liable to pay the costs of the recalibration from the advance and return the balance. 8.8 In case any dispute between ▇▇▇▇▇▇ and ▇▇▇▇▇ in relation to the quality or quantity of the Crude Oil delivered hereunder cannot be resolved amicably through mutual consultation, it shall be dealt with as per the provisions of Schedule F. 8.9 Both parties are expected to have validated measurement devices at delivery point If any measurement device is out of service or is registering inaccurately, the volume of the Crude Oil purchased and sold under this Agreement shall be estimated as under: (a) By correcting the error if the proportion of the error is ascertainable by calibration or test, or analytically in accordance with acceptable international oil industry practice; or in the absence thereof; (b) By using the readings of a check meter, if installed, and accurately registering; or in the absence thereof; (c) By estimating the Quantity of the Crude Oil delivered by comparison with past deliveries during a period of similar conditions when the meter was registering accurately; (d) By using an alternate acceptable form of measurement.

MEASUREMENT AND TESTING. 8.1 The quantity and quality of crude oil delivered under the Agreement shall be determined by measurement, sampling and testing in accordance with the standard practice followed at the Loading Terminal at the time of shipment. The measurement of the Custody Transfer Quantity of Crude Oil, Sampling and Testing of the quality shall be carried out as under: (a) Delivery from FSO 8.2 Both parties shall be present for all measurements and all ticketing of deliveries which shall be completed on a joint basis. Mutually agreed inspector shall witness quantity measurement and finding of the mutual inspector shall be binding to Buyer/Seller for invoicing purpose. 8.3 Seller and Buyer shall jointly sign a statement or electronically exchange delivery document after delivery (or as otherwise mutually agreed) certifying the quantity for billing purpose. 8.4 The Parties agree to joint calibration of the measurement device at Delivery Point. Inspector shall be authorized for this activity. 8.5 If upon conducting a test of any measurement device: (a) any measuring equipment is found to have a margin of error that is less than plus or minus zero point three percent (0.3%), then the prior recorded measurements/results of such equipment shall be deemed correct for computing the Crude Oil deliveries, but the equipment shall be promptly adjusted to operate and record and/or test correctly; (b) any measuring system in the aggregate is found to have a margin of error which exceeds plus or minus zero point three percent (0.3%), then, for the period for which such device has been known or is mutually agreed to have been so inaccurately functioning, the recorded measurements/results of such equipment shall be corrected to zero (0) margin of error for such period. If, however, the period of such inaccurate functioning of the device is not known or is not mutually agreed upon, then, from the date when the notice was given by either party, as the case may, intimating that margin of error, the recorded measurements/results by such devices shall be adjusted to a zero (0) margin of error. 8.6 The variation in loading volumes basis manual dip stick reading and ship receipt figure with Vessel Experience Factor (VEF) will be considered. In case the same is more than 0.3% (both positive as well as negative), ship receipt figure with VEF will be considered as BL figure. 8.7 Not used 8.8 In case any dispute between ▇▇▇▇▇▇ and ▇▇▇▇▇ in relation to the quality or quantity of the Crude Oil delivered hereunder cannot be resolved amicably through mutual consultation, it shall be dealt with as per the provisions of Schedule F. 8.9 Both parties are expected to have validated measurement devices at delivery point If any measurement device is out of service or is registering inaccurately, the volume of the Crude Oil purchased and sold under this Agreement shall be estimated as under: (a) By correcting the error if the proportion of the error is ascertainable by calibration or test, or analytically in accordance with acceptable international oil industry practice; or in the absence thereof; (b) By using the readings of a check meter, if installed, and accurately registering; or in the absence thereof; (c) By using an alternate acceptable form of measurement.