Common use of Sampling, Analysis and Weighing Clause in Contracts

Sampling, Analysis and Weighing. (a) Seller shall sample the Coke produced by each production turn as per its standard practice (four belt cuts per shift), perform chemical and physical analyses to American Society of Testing and Measurement standards, and average the analyses of such samples to determine a daily average analysis that shall be deemed to be the analysis of Coke loaded into railcars for Buyer's account on such day. The daily weighted average Coke analysis for each day in which Seller is loading railcars for Buyer's account shall be transmitted electronically or telefaxed to such Person as Buyer may from time to time direct as soon as available, it being understood that such analysis will be available as soon as possible, normally within 24 to 48 hours of the analyzed Coke's loading. Such daily average analyses shall be rebuttably presumptively correct as to the quality of Coke sold hereunder; however, if Buyer should encounter material discrepancies between Seller's daily average analyses and Buyer's own quality analyses, Buyer and Seller shall meet to discuss the reasons for such discrepancies and any appropriate remedial action. If Buyer encounters any such material discrepancy, then Buyer shall retain a sample of the Coke sampled pursuant to this Section 2.3(a) for its own quality analysis, labeled so as to identify the railcar which was sampled. In the event that Buyer and Seller cannot agree as to the quality of the Coke, either party may, without limitation, submit such dispute for resolution in accordance with Section 4.3. (b) With respect to shipments of Coke, the weights used for billing hereunder shall be the weights determined by the rail carrier transporting Coke to Lorain Works, as adjusted by Seller for moisture to a [***] moisture standard (per existing procedures). Such weights shall be rebuttably presumptively correct as to the quantities of Coke sold hereunder; however, if Buyer should encounter material discrepancies in weights measured by the carrier and weights measured by Buyer, Buyer and Seller shall meet to discuss the reasons for such discrepancies and whether remedial action is necessary. In the event that Buyer and Seller cannot agree as to the weights, either party may, without limitation, submit such dispute for resolution in accordance with Section 4.3. (c) With respect to shipments of Coke, Buyer shall have the responsibility for making sure the tare weight of each rail car has been properly established. If a railcar has a tare weight of more than two years old, Buyer shall promptly arrange for said car to be reweighed by the railroad on certified scales so that a more accurate light weight can be established for billing purposes hereunder. In the event that Buyer fails to take such action and Seller discovers that a railcar has a tare weight of more than two years old, Seller shall have the right (but not the obligation) to reject such rail car. Costs of removing such rail car shall be for Buyer's account. If Seller loads a rail car that has an inaccurate light weight and Seller learns of the correct tare weight within ninety (90) days after loading the railcar, Seller shall correct the billing invoice for such shipment to reflect the correct light weight and corresponding charges associated with the actual tare weight of a car. Any discrepancies related to a railcar's correct light weight that are discovered later than 90 days after the railcar was loaded shall be deemed closed. (d) The sampling, weighing and analysis of Alternate Coke shall be handled in accordance with the applicable terms and conditions negotiated by Seller pursuant to the applicable provisions of Sections 2.1(b)(i) and (ii).

Sampling, Analysis and Weighing. (a) Seller shall Refinery Company will sample the Coke produced by each production turn and the Coke purchased by Fertilizer Company as per its standard practice (four belt cuts per shift)practice, perform chemical and physical analyses to American Society of Testing and Measurement standardsin accordance with Exhibit B, and either average the analyses of such samples, or composite the samples for one analysis, to determine a daily weekly average analysis that shall will be deemed to be the analysis of Coke loaded into railcars for Buyer's account on trucks by Fertilizer Company or delivered to Fertilizer Company, as the case may be, during such dayweek. The daily weekly weighted average Coke analysis for each day in which Seller is loading railcars for Buyer's account shall will be transmitted electronically or telefaxed to such Person as Buyer Fertilizer Company may from time to time direct as soon as available, it being understood that such analysis will be available as soon as possiblepracticable, normally within 24 to 48 hours of the analyzed Coke's loading’s delivery. Such daily weekly average analyses shall will be rebuttably presumptively correct as to the quality of Coke sold hereunder; however, if Buyer Fertilizer Company should encounter material discrepancies between Seller's daily Refinery Company’s weekly average analyses and Buyer's Fertilizer Company’s own quality analyses, Buyer Fertilizer Company and Seller shall Refinery Company will meet to discuss the reasons for such discrepancies and any appropriate remedial action. If Buyer Fertilizer Company encounters any such material discrepancy, then Buyer shall Fertilizer Company will retain a sample of the Coke sampled pursuant to this Section 2.3(a2.4(a) for its own quality analysis, labeled so as to identify the railcar which truck load that was sampled. In the event that Buyer Fertilizer Company and Seller Refinery Company cannot agree as to the quality of the Coke, either party may, without limitation, submit such dispute for resolution in accordance with Section 4.3ARTICLE 4. (b) With respect Refinery Company shall give to shipments Fertilizer Company at least twenty-four (24) hours advance notice if Refinery Company has actual knowledge that any petroleum coke to be made available for delivery to Fertilizer Company hereunder on a specified date will not meet the specifications for Coke set forth on Exhibit A (“Off-Spec Coke”). Fertilizer Company shall have the right to refuse delivery of such Off-Spec Coke, the weights used for billing hereunder provided that if Fertilizer Company does accept delivery of any Off-Spec Coke, then such Off-Spec Coke accepted by Fertilizer Company shall be the weights determined by the rail carrier transporting deemed Coke to Lorain Works, as adjusted by Seller for moisture to a [***] moisture standard (per existing procedures). Such weights shall be rebuttably presumptively correct as to the quantities all other purposes of Coke sold hereunder; however, if Buyer should encounter material discrepancies in weights measured by the carrier and weights measured by Buyer, Buyer and Seller shall meet to discuss the reasons for such discrepancies and whether remedial action is necessarythis Agreement. In the event that Buyer and Seller cannot agree as Refinery Company gives advance notice of Off-Spec Coke to Fertilizer Company, with respect to the weightsCoke that is available on more than twenty (20) days in any calendar year, or Off-Spec Coke is otherwise delivered to Fertilizer Company on more than twenty (20) days in any calendar year, and Fertilizer Company is required to incur additional capital costs to handle such Off-Spec Coke (“Off-Spec Costs”), then Fertilizer Company shall give written notice of such Off-Spec Costs to Refinery Company and the Refinery Company shall, within thirty (30) days thereafter, elect by written notice to Fertilizer Company to either party may(i) adjust the Purchase Price on a mutually agreeable commercially reasonable basis to address such additional Off-Spec Costs, without limitation, submit or (ii) share such dispute for resolution in accordance with Section 4.3additional Off-Spec Costs on a mutually agreeable commercially reasonable basis. (c) With respect Refinery Company shall give to shipments Fertilizer Company not less than three (3) years advance written notice (the “Advance Sustained Off-Spec Notice”) that Refinery Company reasonably anticipates, based upon reasonably expected expansion or revamp plans for the Refinery or reasonably expected changes in the feedstocks used in the production of Coke, Buyer shall have that the responsibility Coke to be made available hereunder will, for making sure the tare weight of each rail car has been properly established. If a railcar has a tare weight sustained period of more than two years oldseven (7) consecutive days, Buyer shall promptly arrange for said car to be reweighed by the railroad on certified scales so that a more accurate light weight can be established for billing purposes hereunder. In the event that Buyer fails to take such action and Seller discovers that a railcar has a tare weight of more than two years old, Seller shall have the right (but not the obligation) to reject such rail car. Costs of removing such rail car shall be for Buyer's account. If Seller loads a rail car that has an inaccurate light weight and Seller learns either of the correct tare weight following (“Sustained Off-Spec Coke”): (i) HGI below 30, or (ii) sulfur content in excess of 5.0 wt. %. Fertilizer Company shall determine, on a commercially reasonable basis, and deliver to Refinery Company within ninety (90) days after loading following the railcarAdvance Sustained Off-Spec Notice, Seller shall correct written notice of the billing additional capital costs that Fertilizer Company reasonably anticipates that it will be required to incur in order to handle such Sustained Off-Spec Coke on a commercially reasonable basis (“Sustained Off-Spec Costs”). Following receipt by Refinery Company of such notice of Sustained Off-Spec Costs, the Refinery Company shall, within ninety (90) days thereafter, elect by written notice to Fertilizer Company to either (i) adjust the Purchase Price on a mutually agreeable commercially reasonable basis to address such additional Sustained Off-Spec Costs, or (ii) direct Fertilizer Company to invoice Refinery Company for such shipment to reflect the correct light weight and corresponding charges associated with the actual tare weight commercially reasonable Sustained Off-Spec Costs as and when incurred by Fertilizer Company, which invoice shall include reasonable documentation of a car. Any discrepancies related such Sustained Off-Spec Costs as incurred, and Refinery Company shall pay to a railcar's correct light weight that are discovered later than 90 Fertilizer Company the amount of such invoice within thirty (30) days after the railcar was loaded shall be deemed closedfollowing receipt of such invoice. (d) The sampling, weighing and analysis of Alternate Coke shall be handled in accordance with the applicable terms and conditions negotiated by Seller pursuant to the applicable provisions of Sections 2.1(b)(i) and (ii).

Sampling, Analysis and Weighing. (ai) Seller shall CRRM will sample the Coke produced by each production turn and the Coke purchased by CRNF as per its standard practice (four belt cuts per shift)practice, perform chemical and physical analyses in accordance with Annex B to American Society of Testing and Measurement standardsthis Exhibit D, and either average the analyses of such samples, or composite the samples for one analysis, to determine a daily weekly average analysis that shall will be deemed to be the analysis of Coke loaded into railcars for Buyer's account on trucks by CRNF or delivered to CRNF, as the case may be, during such dayweek. The daily weekly weighted average Coke analysis for each day in which Seller is loading railcars for Buyer's account shall will be transmitted electronically or telefaxed to such Person as Buyer CRNF may from time to time direct as soon as available, it being understood that such analysis will be available as soon as possiblepracticable, normally within 24 to 48 hours of the analyzed Coke's loading’s delivery. Such daily weekly average analyses shall will be rebuttably presumptively correct as to the quality of Coke sold hereunder; however, if Buyer CRNF should encounter material discrepancies between Seller's daily CRRM’s weekly average analyses and Buyer's CRNF’s own quality analyses, Buyer CRNF and Seller shall CRRM will meet to discuss the reasons for such discrepancies and any appropriate remedial action. If Buyer CRNF encounters any such material discrepancy, then Buyer shall CRNF will retain a sample of the Coke sampled pursuant to this Section 2.3(a2(d)(i) for its own quality analysis, labeled so as to identify the railcar which truck load that was sampled. In the event that Buyer CRNF and Seller CRRM cannot agree as to the quality of the Coke, either party may, without limitation, submit such dispute for resolution in accordance with Section 4.313 of the Agreement. (bii) With respect CRRM shall give to shipments CRNF at least 24 hours advance notice if CRRM has actual knowledge that any petroleum coke to be made available for delivery to CRNF hereunder on a specified date will not meet the specifications for Coke set forth on Annex A to this Exhibit D (“Off-Spec Coke”). CRNF shall have the right to refuse delivery of such Off-Spec Coke, the weights used for billing hereunder provided that if CRNF does accept delivery of any Off-Spec Coke, then such Off-Spec Coke accepted by CRNF shall be the weights determined by the rail carrier transporting deemed Coke to Lorain Works, as adjusted by Seller for moisture to a [***] moisture standard (per existing procedures). Such weights shall be rebuttably presumptively correct as to the quantities all other purposes of Coke sold hereunder; however, if Buyer should encounter material discrepancies in weights measured by the carrier and weights measured by Buyer, Buyer and Seller shall meet to discuss the reasons for such discrepancies and whether remedial action is necessary. this Exhibit D. In the event that Buyer and Seller cannot agree as CRRM gives advance notice of Off-Spec Coke to CRNF, with respect to the weightsCoke that is available on more than 20 days in any calendar year, or Off-Spec Coke is otherwise delivered to CRNF on more than 20 days in any calendar year, and CRNF is required to incur additional capital costs to handle such Off-Spec Coke (“Off-Spec Costs”), then CRNF shall give written notice of such Off-Spec Costs to CRRM and CRRM shall, within 30 days thereafter, elect by written notice to CRNF to either party may(A) adjust the Purchase Price on a mutually agreeable commercially reasonable basis to address such additional Off-Spec Costs, without limitation, submit or (B) share such dispute for resolution in accordance with Section 4.3additional Off-Spec Costs on a mutually agreeable commercially reasonable basis. (ciii) With respect CRRM shall give to shipments CRNF not less than three years advance written notice (the “Advance Sustained Off-Spec Notice”) that CRRM reasonably anticipates, based upon reasonably expected expansion or revamp plans for the Refinery or reasonably expected changes in the feedstocks used in the production of Coke, Buyer shall have that the responsibility Coke to be made available hereunder will, for making sure the tare weight of each rail car has been properly established. If a railcar has a tare weight sustained period of more than two years oldseven consecutive days, Buyer shall promptly arrange for said car to be reweighed by the railroad on certified scales so that a more accurate light weight can be established for billing purposes hereunder. In the event that Buyer fails to take such action and Seller discovers that a railcar has a tare weight of more than two years old, Seller shall have the right (but not the obligation) to reject such rail car. Costs of removing such rail car shall be for Buyer's account. If Seller loads a rail car that has an inaccurate light weight and Seller learns either of the correct tare weight following (“Sustained Off-Spec Coke”): (A) HGI below 30, or (B) sulfur content in excess of 5.0 wt. %. CRNF shall determine, on a commercially reasonable basis, and deliver to CRRM within ninety 90 days following the Advance Sustained Off-Spec Notice, written notice of the additional capital costs that CRNF reasonably anticipates that it will be required to incur in order to handle such Sustained Off-Spec Coke on a commercially reasonable basis (90“Sustained Off-Spec Costs”). Following receipt by CRRM of such notice of Sustained Off-Spec Costs, CRRM shall, within 90 days thereafter, elect by written notice to CRNF to either (x) days after loading adjust the railcarPurchase Price on a mutually agreeable commercially reasonable basis to address such additional Sustained Off-Spec Costs, Seller shall correct the billing or (y) direct CRNF to invoice CRRM for such shipment to reflect the correct light weight and corresponding charges associated with the actual tare weight commercially reasonable Sustained Off-Spec Costs as and when incurred by CRNF, which invoice shall include reasonable documentation of a car. Any discrepancies related to a railcar's correct light weight that are discovered later than 90 days after the railcar was loaded shall be deemed closedsuch Sustained Off-Spec Costs as incurred. (d) The sampling, weighing and analysis of Alternate Coke shall be handled in accordance with the applicable terms and conditions negotiated by Seller pursuant to the applicable provisions of Sections 2.1(b)(i) and (ii).

Sampling, Analysis and Weighing. (a) Seller shall sample the Coke produced by each production turn as per its standard practice (four belt cuts per shift), perform chemical and physical analyses to American Society of Testing and Measurement standards, and average the analyses of such samples to determine a daily average analysis that shall be deemed to be the analysis of Coke loaded into railcars for Buyer's account on such day. The daily weighted average Coke analysis for each day in which Seller is loading railcars for Buyer's account shall be transmitted electronically or telefaxed to such Person as Buyer may from time to time direct as soon as available, it being understood that such analysis will be available as soon as possible, normally within 24 to 48 hours of the analyzed Coke's loading. Such daily average analyses shall be rebuttably presumptively correct as to the quality of Coke sold hereunder; however, if Buyer should encounter material discrepancies between Seller's daily average analyses and Buyer's own quality analyses, Buyer and Seller shall meet to discuss the reasons for such discrepancies and any appropriate remedial action. If Buyer encounters any such material discrepancy, then Buyer shall retain a sample of the Coke sampled pursuant to this Section 2.3(aArticle 2.2 (a) for its own quality analysis, labeled so as to identify the railcar which was sampled. In the event that Buyer and Seller cannot agree as to the quality of the Coke, either party may, without limitation, submit such dispute for resolution in accordance with Section 4.3Article 4.2. (b) With respect to shipments of Coke, the weights used for billing hereunder shall be the weights determined by the rail carrier transporting Coke to Lorain Works, as adjusted by Seller for moisture to a [****] moisture standard (per existing procedures). Such weights shall be rebuttably presumptively correct as to the quantities of Coke sold hereunder; however, if Buyer should encounter material discrepancies in weights measured by the carrier and weights measured by Buyer, Buyer and Seller shall meet to discuss the reasons for such discrepancies and whether remedial action is necessary. In the event that Buyer and Seller cannot agree as to the weights, either party may, without limitation, submit such dispute for resolution in accordance with Section 4.3Article 4.2. (c) With respect to shipments of Coke, Buyer shall have the responsibility for making sure the tare weight of each rail car has been properly established. If a railcar has a tare weight of more than two years old, Buyer shall promptly arrange for said car to be reweighed by the railroad on certified scales so that a more accurate light weight can be established for billing purposes hereunder. In the event that Buyer fails to take such action and Seller discovers that a railcar has a tare weight of more than two years old, Seller shall have the right (but not the obligation) to reject such rail car. Costs of removing such rail car shall be for Buyer's account. If Seller loads a rail car that has an inaccurate light weight and Seller learns of the correct tare weight within ninety (90) days after loading the railcar, Seller shall correct the billing invoice for such shipment to reflect the correct light weight and corresponding charges associated with the actual tare weight of a car. Any discrepancies related to a railcar's correct light weight that are discovered later than 90 days after the railcar was loaded shall be deemed closed. (d) The sampling, weighing and analysis of Alternate Coke shall be handled in accordance with the applicable terms and conditions negotiated by Seller pursuant to the applicable provisions of Sections 2.1(b)(i) and (ii).. **** INDICATES OMITTED MATERIAL THAT IS THE SUBJECT OF A CONFIDENTIAL TREATMENT REQUEST FILED SEPARATELY WITH THE COMMISSION

Sampling, Analysis and Weighing. (a) Seller shall sample the Coke produced by each production turn as per its standard practice (four belt cuts per shift), perform chemical and physical analyses to American Society of Testing and Measurement standards, and average the analyses of such samples to determine a daily average analysis that shall be deemed to be the analysis of Coke loaded into railcars for Buyer's account on such day. The daily weighted average Coke analysis for each day in which Seller is loading railcars for Buyer's account shall be transmitted electronically or telefaxed to such Person as Buyer may from time to time direct as soon as available, it being understood that such analysis will be available as soon as possible, normally within 24 to 48 hours of the analyzed Coke's loading. Such daily average analyses shall be rebuttably presumptively correct as to the quality of Coke sold hereunder; however, if Buyer should encounter material discrepancies between Seller's daily average analyses and Buyer's own quality analyses, Buyer and Seller shall meet to discuss the reasons for such discrepancies and any appropriate remedial action. If Buyer encounters any such material discrepancy, then Buyer shall retain a sample of the Coke sampled pursuant to this Section 2.3(aArticle 2.2 (a) for its own quality analysis, labeled so as to identify the railcar which was sampled. In the event that Buyer and Seller cannot agree as to the quality of the Coke, either party may, without limitation, submit such dispute for resolution in accordance with Section 4.3Article 4.2. (b) With respect to shipments of Coke, the weights used for billing hereunder shall be the weights determined by the rail carrier transporting Coke to Lorain Works, as adjusted by Seller for moisture to a [****] moisture standard (per existing procedures). Such weights shall be rebuttably presumptively correct as to the quantities of Coke sold hereunder; however, if Buyer should encounter material discrepancies in weights measured by the carrier and weights measured by Buyer, Buyer and Seller shall meet to discuss the reasons for such discrepancies and whether remedial action is necessary. In the event that Buyer and Seller cannot agree as to the weights, either party may, without limitation, submit such dispute for resolution in accordance with Section 4.3Article 4.2. (c) With respect to shipments of Coke, Buyer shall have the responsibility for making sure the tare weight of each rail car has been properly established. If a railcar has a tare weight of more than two [****] years old, Buyer shall promptly arrange for said car to be reweighed by the railroad on certified scales so that a more accurate light weight can be established for billing purposes hereunder. In the event that Buyer fails to take such action and Seller discovers that a railcar has a tare weight of more than two [****] years old, Seller shall have the right (but not the obligation) to reject such rail car. Costs of removing such rail car shall be for Buyer's account. If Seller loads a rail car that has an inaccurate light weight and Seller learns of the correct tare weight within ninety (90) days after loading the railcar, Seller shall correct the billing invoice for such shipment to reflect the correct light weight and corresponding charges associated with the actual tare weight of a car. Any discrepancies related to a railcar's correct light weight that are discovered later than 90 days after the railcar was loaded shall be deemed closed. (d) The sampling, weighing and analysis of Alternate Coke shall be handled in accordance with the applicable terms and conditions negotiated by Seller pursuant to the applicable provisions of Sections 2.1(b)(i) and (ii).