Common use of Measurements and Tests Clause in Contracts

Measurements and Tests. Unless otherwise specified, quantities delivered (i) into transport trucks or railcars shall be measured by the calibrated weight scales or calibrated meters at the Trenton Refinery; or (ii) into pipelines shall be measured by calibrated meters maintained by the applicable pipeline, or if such calibrated meters are not available, by terminal tank gauges. Upon reasonable prior notice to the other Party, either Party may require presence of an independent petroleum inspector at the line of delivery. Such inspector shall be appointed jointly, and the cost of the inspector’s services shall be paid by the Party requiring the presence of the inspector. The inspector’s determinations shall be conclusive and binding upon both Parties. Each Party shall have the right, upon reasonable prior notice, to have a representative present to witness all gauges, tests, and measurements. In the absence of either Party’s representative, the gauges, tests and measurements of the other Party shall be deemed to be correct.

Measurements and Tests. Unless otherwise specified, quantities delivered (i) into transport trucks or railcars shall be measured by the calibrated weight scales or calibrated meters at the Trenton Tulsa Refinery; or (ii) into pipelines shall be measured by calibrated meters maintained by the applicable pipelineMagellan Pipeline, or if such calibrated meters are not available, by terminal tank gauges. Upon reasonable prior notice to the other Party, either Party may require presence of an independent petroleum inspector at the line of delivery. Such inspector shall be appointed jointly, and the cost of the inspector’s services shall be paid by the Party requiring the presence of the inspector. The inspector’s determinations shall be conclusive and binding upon both Parties. Each Party shall have the right, upon reasonable prior notice, to have a representative present to witness all gauges, tests, and measurements. In the absence of either Party’s representative, the gauges, tests and measurements of the other Party shall be deemed to be correct.