Common use of Quantity Determinations Clause in Contracts

Quantity Determinations. (a) At each respective Delivery Point, the quantity of Product delivered to ExxonMobil by GCE shall be established by outbound meter tickets expressed in Gallons in accordance with standards commonly used within the fuels industry in the U.S. GCE shall provide copies of meter tickets when requested by ExxonMobil. Calculations from the meter readings for determining such quantities shall conform to the procedures set out below: (i) GCE agrees to maintain and calibrate all its meters and associated equipment in accordance with the latest edition of API Manual of Petroleum Measurement Standards Chapters 4, 5, 6 and 12. (ii) GCE shall provide ten (10) days’ notice to ExxonMobil of the date and time of meter calibrations. ExxonMobil shall be entitled to have representatives present to witness such tests and to verify GCE calibrations. (iii) GCE will retain records of such calibrations for three (3) years and make such records available to ExxonMobil at its written request. (iv) Meters shall be mechanically adjusted to operate with as close to zero error as possible, or the meter factor adjusted to achieve zero error. (b) The following provisions govern the measurement of Product at the point of custody transfer: (i) GCE is responsible for measuring the quantity of Product delivered and shall use calibrated and proved meters to measure quantities. (ii) GCE shall ensure that such meters and temperature probes are operated, calibrated, and, proved, in accordance with then-current API Manual of Petroleum Measurement Standards (API MPMS), but in any event, calibration and proving must occur not less frequently than once every six (6) months. If ExxonMobil has reasonable cause, it will have the right to independently certify, at its own expense, the calibration of such meters and temperature probes. ExxonMobil may request copies of previous or future calibration and proving results for any equipment used for transfers under this Agreement without giving cause. (iii) Each Party has the right to have one representative present at all deliveries (in addition to the independent inspector if present) to witness all gauges, tests, and measurements. Such representative must comply with any applicable dock, terminal, and/or pipeline facilities’ safety procedures or requirements. If the independent inspector is present, however, the independent inspector’s gauges, tests, and measurements will be binding upon the Parties absent fraud or manifest error. (iv) Unless otherwise specified elsewhere in this Agreement, all quantities measured will be adjusted to net Gallons at 60 degrees F. in accordance with ASTM D-1250 Petroleum Measurement Tables, as revised from time to time. (c) […***…].

Quantity Determinations. (a) At each respective Delivery Point, the quantity of Product Renewable Diesel delivered to ExxonMobil EXXONMOBIL by GCE shall be established by outbound meter tickets expressed in Gallons in accordance with standards commonly used within the fuels renewable diesel industry in the U.S. GCE shall provide copies of meter tickets when requested by ExxonMobilEXXONMOBIL. Calculations from the meter readings for determining such quantities shall conform to the procedures set out below: (i) GCE agrees to maintain and calibrate all its meters and associated equipment in accordance with the latest edition of API Manual of Petroleum Measurement Standards Chapters 4, 5, 6 and 12. (ii) GCE shall provide ten (10) days’ notice to ExxonMobil EXXONMOBIL of the date and time of meter calibrations. ExxonMobil EXXONMOBIL shall be entitled to have representatives present to witness such tests and to verify GCE calibrations. (iii) GCE will retain records of such calibrations for three (3) years and make such records available to ExxonMobil EXXONMOBIL at its written request. (iv) Meters shall be mechanically adjusted to operate with as close to zero error as possible, or the meter factor adjusted to achieve zero error. (b) The following provisions govern the measurement of Product product at the point of custody transfer: (i) GCE is responsible for measuring the quantity of Product Renewable Diesel delivered and shall use calibrated and proved meters to measure quantities. (ii) GCE shall ensure that such meters and temperature probes are operated, calibrated, and, proved, in accordance with then-current API Manual of Petroleum Measurement Standards (API MPMS), but in any event, calibration and proving must occur not less frequently than once every six (6) months. If ExxonMobil EXXONMOBIL has reasonable cause, it will have the right to independently certify, at its own expense, the calibration of such meters and temperature probes. ExxonMobil EXXONMOBIL may request copies of previous or future calibration and proving results for any equipment used for transfers under this Agreement without giving cause. (iii) Each Party has the right to have one representative present at all deliveries (in addition to the independent inspector if present) to witness all gauges, tests, and measurements. Such representative must comply with any applicable dock, terminal, and/or pipeline facilities’ safety procedures or requirements. If the independent inspector is present, however, the independent inspector’s gauges, tests, and measurements will be binding upon the Parties absent fraud or manifest error. (iv) Unless otherwise specified elsewhere in this Agreement, all quantities measured will be adjusted to net Gallons at 60 degrees F. in accordance with ASTM D-1250 Petroleum Measurement Tables, as revised from time to time. (c) […***…].