Common use of Measurement of Quantity Clause in Contracts

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.

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 the Companies’ automated discharge rack control system at Hawaiian Electric’s CIP the Receiving 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 The Companies 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 Electricthe Companies. Hawaiian ElectricThe Companies, also at its their 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 The Companies 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.