Quantity and Quality Sample Clauses

Quantity and Quality. A. Subject to the terms of Section 2.B. below, Husker shall sell exclusively to ARE the total output of fuel grade ethanol (“Ethanol”) produced at Husker’s Plainview, Nebraska facility (“Plant”), currently anticipated to be approximately seventy (70) million gallons per year. Ethanol shall be delivered FOB the Plant, and title shall pass on the date of the ▇▇▇▇ of Lading. Ethanol produced for the intended use as an alternative or racing fuel shall not be excluded from this Agreement. B. Notwithstanding the foregoing provision of this Agreement, Husker shall retain the right to ratably market up to one hundred twenty thousand (120,000) gallons per month of Husker’s total production of Ethanol, provided that any and all such sales shall be within one hundred (100) miles of the Plant. Husker shall give sufficient advance written notice of such gallons to ARE as the parties may agree. Upon receipt of such notice from Husker, ARE shall grant written permission to Husker to make such gallons available for marketing by Husker as soon as possible, and such permission shall not be unreasonably withheld. Under no circumstance shall any gallons committed to customers of ARE be available for marketing by Husker. Once permission is granted to Husker by ARE, the requested gallons shall become the sole responsibility of Husker. C. Such Ethanol shall meet or exceed all industry standards and any specifications required by ARE’s customers. ARE shall have the right to reject any Ethanol which does not meet such standards and such standards are subject to change by ARE. ARE’s current specifications are attached as Exhibit A hereto.

Quantity and Quality. A. VERASUN shall sell to WES the total output of fuel grade ethanol ("Ethanol") produced at the VERASUN Aurora, South Dakota, facility ("Plant"), currently anticipated to be one hundred (100) million gallons per year. Ethanol shall be delivered FOB the Plant, and title shall pass as the Ethanol is loaded into transport vessels. B. Such Ethanol shall meet or exceed all industry standards, including but not limited to ASTM D.4806 specifications and ▇▇▇▇▇▇▇▇ Pipeline Company specifications for E-Grade Denatured Fuel Ethanol.

Quantity and Quality. 7.1. The Bunker Nomination shall contain the quantity of Marine Bunker Fuel required by the Buyer. 7.2. There are no guarantees or warranties, either expressed or implied as to the satisfactory quality, merchantability, fitness or suitability of the Marine Bunker Fuel for any particular purpose or otherwise. 7.3. Discrepancies in the quality and quantity of the Marine Bunker Fuel delivered shall be determined in accordance with the procedure set out as follows: a. ADVB’s measurements of the Marine Bunker Fuel in accordance with the Bunker Procedure shall be accepted as conclusive evidence of the quantities delivered. Provided however the Buyer is at liberty to be present at the measuring if they wishes to verify the correctness of ADVB’s measurements. However, ADVB is entitled to proceed in the absence of such representatives, and the quantities ascertained by ADVB shall be accepted by the Buyer as the correct measurement. The quantities of marine fuel delivered shall be measured from the official gauge or manual sounding or meter of the bunker tanker effecting the delivery. b. in case of a direct delivery by pipeline, the Engineer or the Buyer or his representative may check the shore tank soundings before and after delivery. In case of a barge delivery, the Engineer / Master or his representative may check the Barge soundings before and after the delivery. c. in the case of delivery by Tank Truck, the Engineer or the Master may check whether the tank levels are correct before delivery and that the tanks are empty after delivery. d. where the quantity of Marine Bunker Fuel delivered is calculated from tank dip measurements, all calculations shall be made in accordance with the ASTM-IP Petroleum Tables for Generalized Products. e. any dispute with regard to shortages shall be resolved by re-checking all relevant calculations prior to disconnection of hoses from the Vessel and any subsequent complaints shall not be entertained by ADVB. ADVB’s figures shall be taken as final. f. any claims relating to quality shall be sent to ADVB within thirty (30) days of the delivery of the Marine Bunker Fuel. Failure to claim within this period shall mean that any such claim is deemed to be waived and time barred. No claims will be admissible if the product delivered is found to have been mixed with another product on board the Vessel or a Tank Truck.

Quantity and Quality. Unless otherwise provided in the Agreement, Cargo quantity and quality shall be determined by an independent and mutually acceptable inspector, the cost of which shall be shared equally between the Parties, and whose determinations as to quantity and quality shall be conclusive and binding upon the Parties.

Quantity and Quality. Unless otherwise specified in The Agreement, the following means of determining quality and quantity shall apply. If the shipments are by pipeline, mutually acceptable meters at or near the delivery point or tank gauges, as read by the operator at the time of delivery, shall determine the quantity of Product. Quantity shall be measured and determined by Seller or Delivering Party for rail shipments using the gauging tables provided by the rail car manufacturer, magnetic gauges on rail cars, or by weighing rail cars after loading. For truck shipments, quantity shall be measured and determined by Seller or Delivering Party using certified scales weights before and after truck loading, or truck rack meters. For delivery to or from barges or vessels quantity shall be determined by independent inspector, the expenses of which shall be shared equally by Seller and Buyer or by Delivering Party and Receiving Party. The quantity of Product sold or exchanged hereunder, as determined by Seller, Delivering Party, independent inspector, or operator, as applicable, shall be binding on the parties.

Quantity and Quality. Within the first twenty (20) calendar days (hereinafter “Days”) of each calendar month (hereinafter “Month”), the Mixed Company shall inform PPSA of the volume of Hydrocarbons it estimates to deliver to PPSA the following Month. The delivery points for the Hydrocarbons shall be the fiscalization points established by the Ministry (the “Delivery Points”), and the conditions of delivery, the volume and quality (API grades and sulfur content) of the Hydrocarbons actually delivered, shall be determined in accordance with the royalty Resolution issued by the Ministry in effect at the time of delivery. Each Party and each shareholder of the Mixed Company shall have the right to request tests of the meters in place at the Delivery Points by an independent expert, and to witness such tests and receive the test results.

Quantity and Quality. A. Except as provided in subparagraph B. immediately below, Producer shall sell exclusively to GPTG and GPTG shall purchase from Producer the total output of fuel grade ethanol ("Ethanol") produced at Producer's Nevada, Iowa facility ("Plant"). All Ethanol shall be delivered FOB the Plant, and title and all risk of loss shall pass to GPTG at the Title Transfer Point (as defined in Section 5.E.). Ethanol produced for the intended use as an alternative or racing fuel shall not be excluded from this Agreement. B. Notwithstanding subparagraph A above or any other term or condition of this Agreement which may appear to be to the contrary, (i) if GPTG fails to purchase or to take delivery of any Ethanol from the Plant, for any reason whatsoever (including by reason of any Impossibility Event, as that term is defined in Section 10) and such failure results in, or may reasonably be anticipated to result in, Producer's Storage Capacity (as that term is defined in Section 4.G) being exceeded, then Producer may sell or otherwise dispose of the amount of Ethanol which Producer determines is necessary to cause Producer's Storage Capacity to not be exceeded during the following five (5) day period, and (ii) Producer may sell or otherwise dispose of any Ethanol which is the subject of any Rejected Purchase Order (as that term is defined in Section 5.B). Any such sales of Ethanol by Producer may be to such persons and on such terms as are determined by Producer, in its sole discretion, and may be made by Producer even if the Ethanol in question is otherwise the subject of an Accepted Purchase Order. Notwithstanding the foregoing, Producer acknowledges that it remains obligated on such Accepted Purchase Orders. GPTG also acknowledges that Producer has a contract with another ethanol marketer that will terminate on October 1, 2009, and that Producer may sell Ethanol to such other marketer to the extent necessary to comply with the terms of that other agreement and as otherwise necessary to satisfy and fulfill any obligations upon Producer under such agreement to sell Ethanol to such other marketer. * Portion omitted pursuant to request for confidential treatment filed separately with the Securities and Exchange Commission.

Quantity and Quality. During the term of the Agreement, Company shall be the exclusive provider of the services set forth below and shall take and Customer agrees to provide one hundred percent (100%) of Customer’s (“Recyclables”). Customer will provide (a) wastepaper including old corrugated containers in accordance with the most current ISRI Scrap Specifications Circular, Guidelines for Nonferrous Scrap, Ferrous Scrap, Glass Cullet, Paper Stock, Plastic Scrap, and any amendments thereto or replacements thereof (“Specifications”) and (b) non fiber commodities and commingled recyclables in accordance with the Company’s specifications (also “Specifications”) which are available at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or upon request. Notwithstanding the foregoing, if the specifications for the Recyclables are not provided by Company, Customer shall provide Recyclables in accordance with industry standards. In the event that the Recyclables do not meet Specifications, Customer shall have the sole responsibility for any resulting settlement or adjustments, including price reductions, transportation, disposal costs, and contamination fees, all of which may include an amount for Company’s operating and gross profit margin. Recyclables specifically exclude, and Customer agrees not to deposit or permit the deposit for collection of, any waste tires, radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, bio-hazardous, regulated medical or hazardous waste, toxic substance or material, as defined by, characterized or listed under applicable federal, state, or local laws or regulations, or chemical or other properties that are deleterious or capable of causing material damage to any part of Company's property, its personnel or the public or materially impair the strength or the durability of the Company's structures or equipment, or any materials containing information (in hard copy or electronic format, or otherwise) which information is protected or regulated under any local, state or federal privacy or data security laws, including, but not limited to the Health Insurance Portability and Accountability Act of 1996, as amended, or other regulations or ordinances or other waste not approved in writing by Company (collectively, “Excluded Materials”). Title to and liability for Excluded Materials shall remain with Customer at all times. Title to Recyclables provided by Customer to Company is transferred to Company upon Company’s receipt or collection unless otherwise provided i...

Quantity and Quality as assessed at the Discharge Port by the Independent Surveyor Company to be undertaken within 12 hours of the vessel’s arrival at the nominated discharge port, and price as determined pursuant to this Agreement, shall be used to compute the Seller's invoice.