Measurement of Quantity Clause Samples

Measurement of Quantity. QUALITY OF GAS 7.1 The measurement of the quantity of the Seller's Gas and the testing of the quality shall be carried out at the Delivery Point in accordance with prevailing standard practice followed at the Delivery Point and the corresponding standards listed in Appendix A. Seller may install new systems as required under AGA for improvement in measurements and testing practices at the Delivery Point. Both Parties shall be present for all measurements and all ticketing of deliveries shall be completed on a joint basis. 7.2 All Custody Transfer Meters and Check Meters, installed for the purpose of measurement of Gas shall be of the best accuracy, preferably of the same make and type as mutually agreed by the Parties in writing and shall conform to the applicable Industry standards. Maintenance, operation, and computation of Gas quantity shall be in accordance with the appropriate latest edition of the Gas Measurement Committee Report of American Gas Association. 7.3 Each Party shall have the right to be present at the time of installing, reading, repairing, testing; calibration/adjustment etc. in connection with the other Party’s Measuring Equipment. 7.4 The total quantity of Gas supplied to the Buyer will be measured by the Seller at its Off-take Point(s) though its Custody Transfer Meters and quantity of such Gas may be checked by the Buyer through its Check- Meters installed near the Seller’s Custody Transfer Meters, if so desired. 7.5 A team of duly authorized representatives of the Parties will jointly witness/calibrate and adjust the Gas Custody Transfer Meter and Check Meter at the Off-Take point(s) at least once in a month. The quantity of Gas will be jointly certified fortnightly by the Buyer and the Seller at the end of each Billing period, based on which invoices shall be raised by the Seller. 7.6 In case of any variation in measurement of Gas recorded by Seller’s Custody Meters and the corresponding Buyer’s Check Meters (if installed), the same shall be shared equally between the Seller and the Buyer, subject to the condition that the discrepancy level does not exceeds + 1.5 % volume of Gas, as recorded by Seller’s Custody Transfer Meters in that month. In case of variation/discrepancy level being more than +1.5 %, the Custody Transfer Meters and the Check Meters would be thoroughly checked and calibrated within a week’s time and till such time, said discrepancy shall be shared equally between the Seller and the Buyer.

Measurement of Quantity. The quantity of the Biofuel sold and purchased under this Contract shall be determined at the time of such shipment by gauging the receiving tank(s) immediately before and after pumping under the supervision of the Independent Inspector. Seller and Hawaiian Electric shall share equally the cost of independent inspections. The quantity of Biofuel received by Hawaiian Electric from Seller shall be measured in U.S. gallon consists of two hundred thirty-one (231) cubic inches when corrected to 60 degrees Fahrenheit. All gauging, sampling and testing of the Biofuel shall be performed in accordance with the latest methods of the American Petroleum Institute’s Manual Of Petroleum measurement Standards (API MPMS) and the American Society for Testing and Materials (ASTM). All quantity determinations shall be made in accordance with then currently applicable ASTM methodology. The actual quantity received and Delivered shall be the measured quantity reported in Gallons at 60 degrees Fahrenheit. However, it is recognized that volume correction factors and other measurement standards for bulk Biofuel movements have yet to be fully developed or universally adopted. The Parties agree to mutually consider and implement such standards when and as applicable. The Independent Inspector shall prepare and sign a Certificate of Quantity stating the quantity of Biofuel determined according to the provisions of this Section to have been Delivered to Hawaiian Electric and received by Hawaiian Electric or its nominated third-party Receiving Facility; it shall furnish Seller and Hawaiian Electric each with a copy of such Certificate; and advise by facsimile or electronic mail the quantity of Biofuel Delivered to Hawaiian Electric and received by Hawaiian Electric or the third party Receiving Facility to Seller and Hawaiian Electric. The data in the Independent Inspector’s Certificate of Quantity prepared as provided herein shall, absent fraud or errors and omissions, be binding and conclusive upon both Parties, and shall be used for verification of the Biofuel sales invoice.

Measurement of Quantity. The quantity of Biodiesel sold and purchased under this Contract shall be determined at the time of the discharging of each Transport Container by HECO’s automated discharge rack control system at HECO’s CIP Facility which shall employ calibrated meters, corrected in each instance to measure volume in U.S. gallons consisting of two hundred thirty-one (231) cubic inches when corrected to 60 degrees Farenheit. All gauging, sampling and testing of the Biodiesel shall be performed in accordance with the latest methods of the American Petroleum Institute’s Manual of Petroleum Measurement Standards (API MPMS) and the American Society for Testing and Materials (ASTM). All quantity determinations shall be made in accordance with then currently applicable ASTM methodology. The actual quantity received and delivered shall be the measured quantity reported in Gallons at 60 degrees Fahrenheit. However, it is recognized that volume correction factors and other measurement standards for bulk Biodiesel movements have yet to be fully developed or universally adopted. The parties agree to mutually consider and implement such standards when and as applicable. HECO shall perform normal maintenance procedures to maintain the accuracy of the meters used to measure the quantity of Biodiesel discharged from Transport Container(s) for delivery to HECO. HECO, also at its own expense, shall test for accuracy and calibrate the meters on a semi- annual basis or as required and agreed by the Parties. HECO shall provide Seller with a written schedule of calibration test times and Seller shall have the right to have its representative present to observe each calibration test.

Measurement of Quantity. (a) The parties agree to use the best practical method for measuring Sewage delivered to the WWTP by City, as follows: (1) Readings of the measuring equipment for each Interconnect shall be used whenever they are available, adjusted, if necessary, as provided in Division VI. (2) If such readings are not available, the flow shall be estimated using the best available data, which may include pump run-time measurements and pumping rates, metered consumption of retail water at premises served by the City System and an estimate of other substances entering the City System. Any such estimate shall be made by the Operating District and shall give effect to the historical relationship between retail water consumed and Sewage deliveries, the number of customers, the weather, the condition of the facilities in question, any available field data on leaks, inflows, infiltration and other available data. (b) City will require all users connected to the City System that receive potable water from the City’s water utility to have a metering device capable of measuring the amount of water delivered to the user. City shall use reasonable diligence in installing, maintaining and repairing said retail meters and shall provide the Operating District a list of the meter readings, if requested, including the location of use and a total of the estimated amounts of water used.

Measurement of Quantity. (A) Quantities of LSFO and Line Displacement Stock shipped between the facilities by pipeline including quantities of same Delivered by Pipeline Delivery hereunder shall be determined at the time of the Pipeline Delivery by gauging Chevron’s tanks before and after pumping under the supervision of the Independent Inspector. Quantities of LSFO and Line Displacement Stock pumped, sold or Delivered by Chevron and purchased or received by HECO hereunder shall be calculated in accordance with the current measurement standards adopted by industry, ASTM, API and other recognized standard-setting bodies as are applicable in the opinion of the Independent Inspector and shall be expressed in G.S.V., U.S. barrels at 60 degrees Fahrenheit. (B) Both HECO and Chevron agree that if measurement of Chevron’s tanks is, in the opinion of the Independent Inspector, considered to have been rendered inaccurate for any reason including, but not limited to operational constraints, physical loss of LSFO or Line Displacement Stock or inadvertent transfer of LSFO or Line Displacement Stock within Chevron’s facilities, then the quantity of LSFO or Line Displacement Stock may be determined by gauging HECO’s tanks before and after pumping under the supervision of the Independent Inspector.

Measurement of Quantity. The volume will be calculated as Net Standard Volume (NSV) and it shall be construed as the total volume of all the petroleum liquids, excluding sediment and water (BSW) at a standard temperature of 60º F. The measurement can be made with static or dynamic measurement, applying the methods described in the MMH, as this manual is defined in the General Conditions. The volume on which the crude oil delivered by THE SELLER at the entry flange of the Plant at Tumaco will be figured out will be the volume resulting after the application of the volumetric compensation and sent by CENIT or whoever takes its place. For the crude oils delivered in the D▇▇▇ Station and destined to Coveñas, Orito Station for crude oil exported through Ecuador, and Vasconia Station for crude oil destined to be refined, will be made at the entry flange of the respective Station.

Measurement of Quantity. Wastewater Treatment ---------------------------------------------- The quantity of Wastewater entering the Wastewater Treatment plant from the Manufacturing Facility is measured with mass flow meters. This will give real time Wastewater flow and 24-hour totalization that will be recorded on a daily basis for accounting purposes. The quantity of Wastewater being discharged from the Wastewater Treatment plant is measured with mass flow meters. This will give real time Wastewater flow and 24-hour totalization that will be recorded on a daily basis for accounting purposes. UTILITIES REQUIREMENTS BASELINE: ------------------------------- Steam * Compressed Air * Wastewater * Hot Water * Signed and acknowledged this 4th day of September, 2001 ▇▇▇▇▇▇▇▇▇-AMERICAS-I, L.L.C. * COMPANY, L.P. Individually and on behalf of its Affiliate/Division, * North America By: By: * ----------------------------- ------------------------------------- Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, Manager Name/Title: * ------------------------------ ----------------------------------- * Confidential treatment requested. Confidential Treatment Schedule 5.1 Operation and Maintenance Obligation ------------------------------------ Responsibilities of ▇▇▇▇▇▇▇▇▇-Americas DEFINITIONS;

Measurement of Quantity. ~ The quantities of work performed will be computed by the Engineer on the basis of measurement taken by the Engineer or an assistant and these measurements shall be final and binding.

Measurement of Quantity. The quantity of Biodiesel sold and purchased under this Contract shall be determined at the time of the discharging of each Transport Container or tanker truck by Hawaiian Electric’s automated discharge rack control system at Hawaiian Electric’s CIP Facility and/or HIA EPF which shall employ calibrated meters, corrected in each instance to measure volume in U.S. gallons consisting of two hundred thirty-one (231) cubic inches when corrected to sixty degrees ▇▇▇▇▇▇▇▇▇▇ (▇▇° F). All gauging, sampling and testing of the Biodiesel shall be performed in accordance with the latest methods of the American Petroleum Institute’s Manual of Petroleum Measurement Standards (API MPMS) and the American Society for Testing and Materials (ASTM). All quantity determinations shall be made in accordance with then currently applicable ASTM methodology. The actual quantity received and Delivered shall be the measured quantity reported in Gallons at 60 degrees ▇▇▇▇▇▇▇▇▇▇ (▇▇° F). However, it is recognized that volume correction factors and other measurement standards for bulk Biodiesel movements have yet to be fully developed or universally adopted. The Parties agree to mutually consider and implement such standards when and as applicable. Hawaiian Electric shall perform normal maintenance procedures to maintain the accuracy of the meters used to measure the quantity of Biodiesel discharged from Transport Container(s) or tanker truck(s) for Delivery to Hawaiian Electric. Hawaiian Electric, also at its own expense, shall test for accuracy and calibrate the meters on a semi-annual basis or as required and agreed by the Parties. Hawaiian Electric shall provide Seller with a written schedule of calibration test times and Seller shall have the right to have its representative present to observe each calibration test.