Common use of Measurement of Quantity Clause in Contracts

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. QUALITY OF GAS(a) If Seller provides scales at designated mines which are approved by Carrier and are used by Carrier in determining freight ▇▇▇▇▇▇▇▇, such scales shall be utilized to determine the weight of Coal shipments made from such designated mines to the Facility. The weight so determined shall be used by Seller in invoicing such Coal. 7.1 The measurement of (b) In the quantity of the event Seller does not provide scales pursuant to Section 4.5(a) hereof or during such periods when Seller's Gas and scales are inoperative, Buyer shall weigh Coal at the testing of the quality Facility Site using its certified belt scales which shall be carried out at the Delivery Point in accordance with prevailing standard practice followed at the Delivery Point tested 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 maintained in accordance with the appropriate latest then-current edition of the Gas Measurement Committee Report American Association of American Gas AssociationRailroads Scale Handbook. 7.3 (c) If requested by either Party, the other Party shall provide reasonable notice and adequate access so that the requesting Party has a reasonable opportunity to witness the loading and weighing process and procedures, as well as any equipment calibrations as performed to the weighing facilities. Each Party shall have provide a copy of all scale calibration and test results to the other Party. At any reasonable time, Buyer or Seller may request verification of the calibration of any weighing device used by the other Party where such weighing device is used to determine the weight of the Coal for determining the Coal Price hereunder. If as a result of any such verification the weighing device is found to be in error, then the Party in control of such weighing device shall pay for the requested verification and shall, at no expense to the requesting Party, ensure that such weighing device is promptly repaired and restored to a condition of accuracy. If the weighing device is found not to be in error, the requesting Party shall pay for the requested verification. Each Party retains the right to be present spot weigh any shipment of Coal at any time using scales of its choice, provided that such weighing shall not unreasonably interfere with or delay the time delivery or unloading of installing, reading, repairing, testing; calibration/adjustment etc. in connection with the other Party’s Measuring EquipmentCoal hereunder. 7.4 The total quantity (d) During any period that (i) either Seller has not provided scales pursuant to Section 4.5(a) hereof or such scales are inoperative, and (ii) any scales of Gas supplied Buyer pursuant to Section 4.5(b) hereof are also inoperative, the Buyer will weight of each shipment of Coal shall be measured determined by the Seller at its Off-take Point(saverage of the actual weights of each car in the five (5) though its Custody Transfer Meters and quantity of such Gas may be checked most recently weighed shipments, multiplied by the Buyer through its Check- Meters installed near actual number of unweighed cars in the Seller’s Custody Transfer Meters, if so desiredunweighed train. 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. QUALITY OF GAS 7.1 (A) The measurement quantity of Coal delivered at the Delivery Point shall be as weighed on the Seller’s electronic Weighbridges installed in accordance with Clause 4.9.2(B). A representative of the Buyer may be present to witness the weighment. The weight so recorded by the Seller in the presence of a representative of the Buyer (or, in his absence, if such representative is not present at the time of such weighment) shall be final and conclusive for the purpose of deciding the quantity of Coal delivered, subject to adjustment towards Superficial Moisture provided under Clause 5.1(E). If all weighbridges fail, weight will be determined on mutually agreed volume to weight conversion basis. (B) The Seller shall maintain Weighbridges in accordance with the Weights and Measures Standards. The Weighbridges shall be inspected, tested, certified and stamped by the statutory authority, in accordance with applicable laws, at the Seller's Gas ’s expense. A copy of the Inspectors report verifying such inspection, testing and certification shall be furnished by the Seller to the Buyer. The Seller shall, at any time and upon written demand of the Buyer allow access to the Weighbridges for the purpose of inspection and testing of the quality Weighbridges by the statutory inspection authority which shall be carried out at the Delivery Point in accordance with prevailing standard practice followed at the Delivery Point Buyer’s own cost 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 basisexpense. 7.2 All Custody Transfer Meters and Check Meters(C) If, installed for as a result of any inspection by the purpose of measurement of Gas shall be statutory inspection authority, the Weighbridge of the best accuracy, preferably Seller is found to be in error in excess of the same make tolerances set out in the Weights and type as mutually agreed Measures Act or otherwise provided by the Parties law (or if no such tolerance is provided by law, then 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 excess of the Gas Measurement Committee Report of American Gas Association. 7.3 Each Party shall have tolerance provided by BIS or if not provided in BIS, then as established in 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 installedmanufacturers' specification), then the same Weighbridge shall not be shared equally between used for weighing shipments of delivered Coal till the Seller defective Weighbridge is rectified, certified 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 Buyerstamped.

Measurement of Quantity. QUALITY OF GAS 7.1 The measurement Section 8.1 Quantities of the quantity Oil sold and purchased under this Contract at the HMT shall be determined at the time of each Delivery by gauging the HMT tanks before and after pumping. Diesel sold and purchased under this Contract from the Oahu P/L shall be determined at the time of each Delivery by gauging Seller's Gas tanks at its Barbers Point Refinery before and after pumping. Diesel sold and purchased under this Contract at the testing of the quality Kaunakakai Terminal shall be carried out determined at the time of each Delivery Point by gauging Buyers' tanks at Kaunakakai before and after pumping. Volumes Delivered hereunder shall be converted to 60(degrees)F, using the latest revision of Table 6 of ASTM IP Petroleum Measurement Tables, American Edition, ASTM Designation D-1250. Measurements shall be taken by Seller and witnessed by Buyer or Buyer's agent. However, at Buyer's option, such measurements shall be taken by a mutually agreed upon independent inspector. Seller and Buyer shall share equally the cost of independent inspections. Seller reserves the right to install meters on the Oahu P/L and to determine quantity as in accordance with prevailing standard practice followed Section 8.2. Section 8.2 Diesel sold and purchased under this Contract at the Delivery Point HDT and the corresponding standards listed in Appendix A. Seller may install new systems as required under AGA for improvement in measurements Jet sold and testing practices purchased by HELCO and MECO shall be determined at the time of each 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 Metersby reading calibrated 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 corrected in writing and shall conform each instance to the applicable Industry standards. Maintenance, operation, and computation of Gas quantity shall be volume at 60(degrees)F in accordance with the appropriate latest edition issue of Table 6 of ASTM IP Petroleum Measurement Tables, American Edition, ASTM Designation D-1250. The meters used at the Gas Measurement Committee Report of American Gas Association. 7.3 Each Party HDT and Seller's terminals on Hawaii and Maui shall be Seller's meters. Both Buyer and Seller shall have the right to be review each other's routine certification documents. Section 8.3 If Buyer or Seller has reason to believe that the quantity of Oil and Jet stated for a particular Delivery per Sections 8.1 or 8.2 is incorrect, the party shall within sixty (60) days of the Delivery date, 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 party with documentation supporting such determination and the parties will confer, in good faith, on the causes for the discrepancy and shall proceed to the Buyer will be measured by the Seller at its Off-take Point(s) though its Custody Transfer Meters and quantity of correct 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 causes and adjust the Gas Custody Transfer Meter and Check Meter at quantity, if justified, for the Off-Take point(s) at least once deliveries 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 Sellerquestion. 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.