Common use of Measurement of Quantity Clause in Contracts

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 the Biofuel Biodiesel 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 Biodiesel received by Hawaiian Electric from Seller shall be measured in U.S. gallon consists consisting of two hundred thirty-one (231) cubic inches when corrected to 60 degrees Fahrenheit. All gauging, sampling and testing of the Biofuel 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 Biofuel 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. The Independent Inspector shall prepare and sign a Certificate of Quantity stating the quantity of Biofuel Biodiesel 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 Biodiesel 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 Biodiesel sales invoice.

Measurement of Quantity. (a) The quantity of the Biofuel Biodiesel 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 discharging of the Independent Inspector. Seller and Hawaiian Electric shall share equally the cost of independent inspections. The quantity of Biofuel received each Transport Container or tanker truck by Hawaiian Electric from Seller Electric’s automated discharge rack control system at the Receiving Facility which shall be measured employ calibrated meters, corrected in each instance to measure volume in U.S. gallon consists Gallons consisting of two hundred thirty-one (231) cubic inches when corrected to 60 sixty degrees Fahrenheit▇▇▇▇▇▇▇▇▇▇ (▇▇° F). All gauging, sampling and testing of the Biofuel Biodiesel shall be performed in accordance with the latest methods of the American Petroleum Institute’s Manual Of of Petroleum measurement 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▇▇▇▇▇▇▇▇▇▇ (▇▇° F). However, it is recognized that volume correction factors and other measurement standards for bulk Biofuel 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. The Independent Inspector . (b) Hawaiian Electric shall prepare and sign a Certificate perform normal maintenance procedures to maintain the accuracy of Quantity stating the meters used to measure the quantity of Biofuel determined according Biodiesel discharged from Transport Container(s) or tanker truck(s) for Delivery 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 Hawaiian Electric, also at its own expense, shall test for accuracy and calibrate the Independent Inspector’s Certificate meters on a semi-annual basis or as required and agreed by the Parties. Hawaiian Electric shall provide Seller with a written schedule of Quantity prepared as provided herein shall, absent fraud or errors calibration test times and omissions, be binding and conclusive upon both Parties, and Seller shall be used for verification of have the Biofuel sales invoiceright to have its representative present to observe each calibration test.