Quality and Specifications Sample Clauses

Quality and Specifications. Seller has agreed to deliver Cigars meeting the following minimum quality standards and specifications: o All Cigars shall use long leave tobacco. o All Cigars shall be hand rolled. o All Cigars shall be of the highest quality tobacco and shall be of no lesser quality than the highest premium grade offered by Seller to any other party. o The filler used in the Cigars shall be of the highest premium grade and shall be of no lesser quality than the highest premium grade offered by the Seller to any other party. o The parchment wrapping for the Cigars shall be of such quality as Buyer shall direct. o Cigars shall be individually packaged by the Seller in cellophane and properly packaged and boxed for shipping.

Quality and Specifications a. All Quality A coal mined and delivered under this Contract shall conform to the following Typical Analysis for Quality A coal on a quarterly average as determined by sampling and analyses performed in accordance with Section 7, Sampling and Analysis: (see next page) Lbs of SO2 per million Btu (2) 5.20 lbs Not more than 5.2 lbs Total Moisture 13.0 % Not more than 13.0 % Sulfur (as-received) maximum 3.013 % Not more than 3.44 % Ash (as received) 10.00 % Not more than 13.00 % Btu/lb (as-received) 11,300 Not less than 11,000 Ash fusion temperature reducing atmosphere Initial — ºF Not [more/less] than — ºF Softening (Spherical) Min. 2050 ºF Not [more/less] than 1950 ºF Fluid — ºF Not [more/less] than — ºF Volatile Matter (dry basis) Min. 32 % Not less than 30 % Grindability 50 Not less than 50 (H▇▇▇▇▇▇▇▇ Index) Min. Chlorine (dry basis) Max. 0.29 % Not more than 0.29 % (1) The Typical Analysis shall be used for the quality adjustment under Section 8. (2) At 97.5% (3) Failure to comply with any of these specifications on a per Shipment basis shall be basis for rejections and suspensions or termination pursuant to Subsection 9.c., 9.d. and 9.e. b. The coal as-received shall have a top size not greater than two (2) inches and not less than one and one-fourth (11/4) inches, with at least fifty percent (50%) of the production larger than one-fourth (1/4) inch, and with at least eight-five percent (85%) of the product larger than 28 mesh (Tyler). Such sizes shall be determined by using screens with round openings. Coal shall not exhibit a temperature in excess of 120º F, and it shall be substantially free from mining impurities and scrap such as drill bits, pieces of scrap metal or plate, plastic, rubber, rope, cloth, wire, cable, bone, slate, earth, rock, pyrite, wood or water, which can be kept out or removed with the exercise of reasonable care during mining, preparation and loading. It shall be loaded in a manner that will ensure reasonably uniform consistency as to size and quality and shall not contain slurry pond material (washer tailings), gob pile material (mine refuse), petroleum-coke, oxidized coal, or blends of such materials, or create excessive amounts of dust during the unloading and transferring to storage. c. If any coal delivered fails to meet any of the Rejection/Suspension Specifications stated in Subsection 9.a on the basis of visual inspection or laboratory analysis, as applicable, TVA may reject the coal at the source, loading point, any tra...

Quality and Specifications. If the End Customer elects to terminate the End Customer Contract pursuant to its rights under Section 9.f thereof, then COALSALES shall have the right, at its sole option, to continue to purchase up to 3,500,000 tons of Quality A coal per year under this Agreement for the remainder of the term of this Agreement or to concurrently terminate this Agreement. COALSALES will use commercially reasonable efforts to pursue all rights and defenses it may have against End Customer under the End Customer Contract to avoid such termination of the End Customer Contract. COALSALES will also work with Patriot in good faith to avoid such termination of the End Customer Contract.

Quality and Specifications. 3.1 The coal to be supplied by Seller hereunder shall meet the following specifications on a composite "as-received" basis averaged over each Sample Period specified in Article 4.0:

Quality and Specifications shall be amended as follows: Delete: Ash (As Received) 9.0% Not more than 11.0% Add: Ash (As Received) 10.0% Not more than 12.0%

Quality and Specifications. 9.1 All coal delivered under this contract shall conform to the following Typical Analysis on a quarterly average as determined by sampling and analyses performed in accordance with Section 7, Sampling and Analysis: TYPICAL ANALYSIS1 SPECIFICATIONS3 Lbs. of S02 per million Btu2 5.0 lbs. Not more than 5.0 (P) lbs. Total Moisture 11.0 % Not more than 12.0 % Sulfur (a/r max) 2.90 % Not more than 3.0 % Ash (as received) 10.0 % Not more than 12.0 % Btu/lb. (a/r) 11,400 Not less than 11,000 Ash fusion temperature Reducing atmosphere Initial 1980 ° F Softening 2075 ° F ° F Hemispherical 2135 ° F ° F Fluid ° F ° F Volatile Matter (dry basis) % % Grindability (▇▇▇▇▇▇▇▇▇ Index) 54 Chlorine (dry basis) .02 % % NOTES:

Quality and Specifications. Buyer will send its purchase specifications (the "Purchase Specifications") to Seller on 30 May 2008, at the latest. Seller shall within ten working days after receipt of the Purchase Specification confirm in writing to Buyer that the Product meets such Product Specification. Seller undertakes to use its best efforts to ensure that it is in a position to give such confirmation. If Buyer does not receive such confirmation from Seller in accordance with this Agreement, Buyer may terminate this Agreement with immediate effect and with no liability of Buyer whatsoever towards Seller. If the above-mentioned confirmation is given, Seller shall deliver the Product according to the Purchase Specifications throughout the term of this agreement.

Quality and Specifications. 9.1 All coal delivered under this contract shall conform to the following Typical Analysis on a quarterly average as determined by sampling and analyses performed in accordance with Section 7, Sampling and Analysis: TYPICAL ANALYSIS1 SPECIFICATIONS3 Lbs. of SO2 per million Btu2 5.0 lbs. Not more than 5.0 (P) lbs. 5.2 (C) 6.0 (WC)

Quality and Specifications. If Buyer provides specifications, the goods delivered and/or services rendered shall conform to the specifications. In the event quality is not specified in the purchase order, the goods delivered and/or services rendered hereunder must be of the best quality. Seller shall notify Buyer of any proposed changes to the production process or the materials used to manufacture the goods which may effect the agreed upon quality or specifications of the goods. Such notification shall be given with sufficient time to allow ▇▇▇▇▇ to evaluate the proposed change before the change is implemented. If Buyer objects to the proposed change and Buyer and Seller are not able to agree upon conditions for implementing a change but Seller nevertheless decides to implement the change, Buyer shall be entitled to cancel any outstanding order without incurring any payment obligation. Seller shall immediately notify Buyer of, and provide Buyer with all documents relating to (including the results of), any non-routine injury, investigation, inspection, or any other action by any governmental body or unit thereof, with respect to the manufacture, storage, or delivery of the goods, or components thereof, which pertains to product quality and/or safety. In addition, Seller will immediately notify Buyer in the event that it becomes aware or has reason to believe that there may be an issue of quality, safety, misbranding or adulteration relating to any goods. Seller shall undertake methods to ensure lot traceability within Seller’s supply chain and shall maintain a quality management system that meets industry standards and government requirements.