Common use of Weights Clause in Contracts

Weights. Except as otherwise provided herein or if the parties agree otherwise, the weight of each coal Shipment delivered hereunder shall be determined for payment purposes (the “Payment Weight”) by Buyer on the basis of certified scale weights at the generating station. If Buyer’s belt scale is inoperable or if Buyer fails to obtain a sample of the coal for qualitative analysis upon unloading, the Seller’s loading weight shall be used for the relevant Shipment and the Seller’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller will be notified as soon as possible whenever the Buyer’s belt scale or sampling equipment is out of operation. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all coal delivered and unloaded at Buyer’s ▇▇▇▇▇▇▇ County Generating Station, the unloaded weight for each Shipment, shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total of all Seller’s barges unloaded in this sequence, The assigned unloaded weight for each such Shipment shall be proportioned based upon Seller’s load weight for each barge and the total weight for all Seller’s barges unloaded in that sequence. Scales (whether Buyer’s or Seller’s) shall be operated in accordance with NIST Handbook 44. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversight. Seller shall have the right, at Seller’s expense and upon reasonable notice, to have the Buyer’s scales checked for accuracy at any reasonable time or frequency. If the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Buyer shall reimburse Seller for the expenses incurred in checking the accuracy of said scales. If the Seller’s scales are used for payment purposes and are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards (the “Tolerance”), then Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the percentage of variance identified for the scales from the Tolerance, plus the amount of the Tolerance. Buyer or Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred in checking the accuracy of said scales.

Weights. Except as otherwise provided herein or if the parties agree otherwise, the weight of each coal Shipment delivered hereunder shall be determined for payment purposes (the “Payment Weight”) by Buyer on the basis of certified scale weights at the generating station. If Buyer’s belt scale is inoperable or if Buyer fails to obtain a sample of the coal for qualitative analysis upon unloading, the Seller’s loading weight shall be used for the relevant Shipment and the Seller’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller will be notified as soon as possible whenever the Buyer’s belt scale or sampling equipment is out of operation. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all coal delivered and unloaded at Buyer’s ▇▇▇▇▇▇▇ County Generating Station, the unloaded weight for each Shipment, shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total of all Seller’s barges unloaded in this sequence, . The assigned unloaded weight for each such Shipment shall be proportioned based upon Seller’s load weight for each barge and the total weight for all Seller’s barges unloaded in that sequence. Scales (whether Buyer’s or Seller’s) shall be operated in accordance with NIST Handbook 44. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversight. Seller shall have the right, at Seller’s expense and upon reasonable notice, to have the Buyer’s scales checked for accuracy at any reasonable time or frequency. If the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Buyer shall reimburse Seller for the expenses incurred in checking the accuracy of said scales. If the Seller’s scales are used for payment purposes and are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards (the “Tolerance”), then Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the percentage of variance identified for the scales from the Tolerance, plus the amount of the Tolerance. Buyer or Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred in checking the accuracy of said scales.

Weights. Except as otherwise provided herein or if the parties agree otherwise, the weight of each coal Shipment delivered hereunder under this Agreement shall be determined for payment purposes (the “Payment Weight”) by Buyer Seller on the basis of an allocated barge weight (“Allocated Weight”, as defined herein) using a combination of (a) test-chain calibrated and material tested, as set forth below, certified belt scale (“Scale”) weights at the generating stationBarge Delivery Point and (b) barge draft survey (“Drafting”) weights as calculated by a qualified person at the Barge Delivery Point. If BuyerThe Allocated Weight for each barge Shipment within a barge loading sequence shall be determined as the product of (a) the total Scale weight for each set of barge Shipments loaded in such barge loading sequence, multiplied by (b) the percentage represented by (i) each individual barge Shipment’s belt scale is inoperable or if Buyer fails Drafting weight relative to obtain (ii) the sum total of Drafting weights of all barge Shipments within such barge loading sequence. Schedule 2 attached herein shows a sample of calculation methodology for calculating the coal Allocated Weight for qualitative analysis upon unloading, the Seller’s each barge Shipment with within a barge loading weight shall be used for the relevant Shipment and the Seller’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller will be notified as soon as possible whenever the Buyer’s belt scale or sampling equipment is out of operationsequence. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all If Seller’s scale is inoperable or if Seller’s Drafting contractor fails to obtain the necessary drafting data points, or if Seller fails to obtain a sample of the coal upon loading, Buyer’s unloading weight shall be used for the relevant Shipment. Buyer shall be notified as soon as possible whenever Seller’s scale or sampling equipment is out of operation, or when Seller’s Drafting contractor fails to obtain the necessary drafting data points, or when Seller fails to obtain a sample upon loading. In such cases, for coal delivered and unloaded at Buyer’s ▇▇▇▇▇▇▇ County Generating Station, the unloaded weight for each Shipment, Shipment shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total of all of Seller’s barges unloaded in this sequence, . The assigned unloaded weight for each such Shipment shall be proportioned based upon on Seller’s load weight for each barge and the total weight for all of Seller’s barges unloaded in that sequence. Scales (whether Buyer’s or Seller’s) shall be operated in accordance with NIST Handbook 44. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversight. Seller shall have the right, at Seller’s expense and upon reasonable notice, to have the Buyer’s scales checked for accuracy at any reasonable time or frequency. If the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Buyer shall reimburse Seller for the expenses incurred in checking the accuracy of said scales. If the Seller’s scales are used for payment purposes and are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards (the “Tolerance”), then Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the percentage of variance identified for the scales from the Tolerance, plus the amount of the Tolerance. Buyer or Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred in checking the accuracy of said scales.Handbook

Weights. Except In the event that Merchantable Iron Ore, Concentrates or Taconite are shipped from the Premises by a common carrier railroad company, the Merchantable Iron Ore, Concentrates or Taconite so shipped shall (except as otherwise provided herein or if hereinafter provided) be weighed separately by the railroad company transporting the same, which weights shall determine the quantities as between the parties agree otherwisehereto. In the event that Merchantable Iron Ore, Concentrates or Taconite are shipped from the Premises, by means other than a common carrier railroad company, the weights of the Merchantable Iron Ore, Concentrates or Taconite so shipped shall (except as hereinafter provided) be determined separately by weighing upon belt scales or other weighing devices of standard design customarily used on the Mesabi Range in similar practices, or by such other means as may be mutually agreed upon between the parties hereto, and the weights so obtained shall be prima facie evidence between the parties hereto of the amounts so taken. If Taconite from the Premises is intermingled before weighing with Taconite from other lands, the tonnage shipped shall be determined by a count of uniformly loaded vehicles or units (which vehicles or units shall at all times be of uniform size, or in any event of a known capacity, so that accurate accounting of the quantity of material transported thereby can always be made) from the Premises and from said other lands and by allocation of the combined weights determined by such belt scales or other weighing devices upon the basis of such vehicle or unit count, or by such other means as may be mutually agreed upon between the parties hereto. Lessors shall at any and all reasonable times have free access to and right of inspection of any such belt scales or other weighing devices, and may make such tests to verify the accuracy thereof as they may desire and any variance, discrepancy or inaccuracy discovered in such belt scales or other weighing devices shall be promptly corrected by Lessee and any differences arising therefrom shall be promptly adjusted and settled. Lessee shall as promptly as possible after the end of each calendar month supply Lessors with its statement as to all weights obtained by such belt scales or other weighing devices during the preceding calendar month, specifying separately the tonnage of Merchantable Iron Ore, Concentrates and Taconite. Lessee will cause any common carrier railroad company transporting any ore mined from the Premises promptly to furnish to Lessors the usual and customary written certificates showing the true weight of the various classifications of ore so transported over its lines of railroad and giving the number and weight of each coal Shipment delivered hereunder car and the place from which shipped, so that Lessors may accurately determine the weights and identity of each grade of the various classes of said ore so produced and shipped from the Premises. Said written certificates, when properly certified by the agent of the railroad company furnishing the same shall be determined for payment purposes (the “Payment Weight”) by Buyer on the basis of certified scale weights at the generating station. If Buyer’s belt scale is inoperable or if Buyer fails to obtain a sample of the coal for qualitative analysis upon unloading, the Seller’s loading weight shall be used for the relevant Shipment and the Seller’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller will be notified as soon as possible whenever the Buyer’s belt scale or sampling equipment is out of operation. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all coal delivered and unloaded at Buyer’s ▇▇▇▇▇▇▇ County Generating Station, the unloaded weight for each Shipment, shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total prima facie evidence of all Seller’s barges unloaded in this sequence, The assigned unloaded weight for each such Shipment shall be proportioned based upon Seller’s load weight for each barge and the total weight for all Seller’s barges unloaded in that sequence. Scales (whether Buyer’s or Seller’s) shall be operated in accordance with NIST Handbook 44. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversight. Seller shall have the right, at Seller’s expense and upon reasonable notice, to have the Buyer’s scales checked for accuracy at any reasonable time or frequency. If the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Buyer shall reimburse Seller for the expenses incurred in checking the accuracy of said scales. If the Seller’s scales are used for payment purposes and are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards (the “Tolerance”), then Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the percentage of variance identified for the scales from the Tolerance, plus the amount of the Tolerance. Buyer or Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred in checking the accuracy of said scalesfacts therein stated.

Weights. Except as otherwise provided herein or if the parties agree otherwise, the 11.1 The weight of each coal Shipment sold and delivered hereunder shall be determined for payment purposes (the “Payment Weight”) on a per shipment basis by Buyer on the basis of certified scale weights commercial scales at Seller’s train loading facility at the generating stationMine. If Buyer’s belt scale is inoperable or if Buyer fails to obtain a sample The weights thus determined shall be accepted as the quantity of the coal for qualitative analysis upon unloading, the Seller’s loading weight shall which invoices are to be used for the relevant Shipment rendered and the Seller’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller will be notified as soon as possible whenever the Buyer’s belt scale or sampling equipment is out of operation. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all coal delivered and unloaded at Buyer’s ▇▇▇▇▇▇▇ County Generating Station, the unloaded weight for each Shipment, shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total of all Seller’s barges unloaded in this sequence, The assigned unloaded weight for each such Shipment shall be proportioned based upon Seller’s load weight for each barge and the total weight for all Seller’s barges unloaded in that sequence. Scales (whether Buyer’s or Seller’s) shall be operated payments made in accordance with NIST Handbook 44Section 14 hereof. Such Seller shall furnish the railroad company transporting the coal with copies of the weights determined hereunder. Seller’s scales shall be duly reviewed by an appropriate calibrated and tested twice annually with copies of calibration and testing agency and maintained in an accurate condition and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversight. Seller shall have the right, at Seller’s expense and reports provided to Buyer upon reasonable notice, to have the Buyer’s scales checked for accuracy at any reasonable time or frequencyrequest. If the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted ASTM standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, either party shall pay to the other such any amounts owed as due to such inaccuracy for a result period not to exceed thirty (30) days before the time any inaccuracy of the recalculation, and Buyer shall reimburse Seller for the expenses incurred in checking the accuracy of said scales. scales is determined. 11.2 If the Seller’s scales are not available to determine the valid net weight of all of the railcars in a unit train but valid weights are obtained for thirty (30) or more railcars in such train, the arithmetic average of all of the valid net weights of the thirty (30) or more railcars in such train shall be used as the net weight for payment purposes and each railcar in such train for which a valid net weight was not determined by Seller’s scales. If Seller’s scales are found inoperative or fail to determine the valid net weight of at least thirty (30) railcars in a unit train, the weighted arithmetic average of the net railcar weights of the previous ten (10) unit trainloads of coal shipped to Buyer shall be over or under used as the tolerance range allowable net weight for each of the unweighed railcars in such train. The calculation of the weighted arithmetic average net weight for the scale based previous ten (10) unit trainloads shall exclude all bad-order railcars which were not loaded and also exclude any trainload of coal for which the net weights were estimated on industry-accepted standards thirty (the “Tolerance”), then 30) or more railcars. 11.3 Buyer shall recalculate have the payments for coal weighed on those scales for the period right, at its risk and expense, to have a representative(s) present to witness any and all scale calibrations or weighings provided that such representative(s) shall comply with all of inaccuracy (not to exceed 30 days) based Seller’s safety rules and regulations while on the percentage of variance identified for the scales from the Tolerance, plus the amount of the ToleranceMine’s premises. Buyer shall hold Seller harmless from any injury, including death, or Seller, as applicable, shall pay to damage suffered by any representative(s) of Seller by reason of such representatives’ presence on the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred in checking the accuracy of said scalesMine premises.

Weights. Except as otherwise provided herein or if As to the parties agree otherwisecoal mined on the premises and transported and shipped by railroad cars, which is not commingled with coal mined from other premises, the weight quantity of each coal Shipment delivered hereunder upon which the Lessee shall pay royalty shall be determined by railroad weights; and, as to the coal mined from the premises and transported by other means of transportation, and as to coal sold locally, and coal used on the premises (except that used in processing and preparing coal for market) the quantity of coal upon which the Lessee shall pay royalty shall be determined by standardized weight scales to be provided by the Lessee, and according to the scale books and accounts of the Lessee, or according to any further rule or regulation which may be prescribed by the Lessor and accepted by the Lessee for the correct ascertainment and report of the quantity of such coal. As to coal mined from the Leased Premises and which shall be commingled at the tipple or loaded with coal from other premises, payment purposes (of royalty shall be based on railroad weights, but shall be prorated according to the “Payment Weight”) computed tonnage shown to have been mined by Buyer various mining techniques from the Leased Premises and other premises, respectively, during said period or periods, such proration to be based on mine car weights or on weightometers, if belt conveyors are used, and/or by engineers' measurements and computations which shall be made according to usual, customary, modern and accurate methods, or by any other scientifically reliable and accurate appliance or method if belt conveyers are not used. Any method used shall be subject to the approval of Lessor. In the event that a variance in weights of coal shall occur between Lessee and the purchaser of the coal sold by Lessee, then the purchaser's weight shall control if Lessee is ultimately paid on the basis of certified scale weights at the generating stationpurchaser's weights. If Buyer’s belt scale is inoperable or if Buyer fails to obtain a sample of the coal for qualitative analysis upon unloading, the Seller’s loading weight shall be used for the relevant Shipment and the Seller’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller will be notified as soon as possible whenever the Buyer’s belt scale or sampling equipment is out of operation. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all coal delivered and unloaded at Buyer’s ▇▇▇▇▇▇▇ County Generating Station, the unloaded weight for each Shipment, shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total of all Seller’s barges unloaded in this sequence, The assigned unloaded weight for each such Shipment shall be proportioned based upon Seller’s load weight for each barge and the total weight for all Seller’s barges unloaded in that sequence. Scales (whether Buyer’s or Seller’s) shall be operated in accordance with NIST Handbook 44. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversight. Seller shall have the right, at Seller’s expense and upon reasonable notice, to have the Buyer’s scales checked for accuracy at any reasonable time or frequency. If the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Buyer shall reimburse Seller for the expenses incurred in checking the accuracy of said scales. If the Seller’s scales are used for payment purposes and are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards (the “Tolerance”), then Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the percentage of variance identified for the scales from the Tolerance, plus the amount of the Tolerance. Buyer or Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred in checking the accuracy of said scales.TAXES -----

Weights. Except as otherwise provided herein or if All costs associated with weighing the parties agree otherwise, the Biomass Fuel shall be borne by Buyer. The weight of each coal Shipment the Biomass Fuel sold and delivered hereunder shall be determined for payment purposes (from Buyer's scales or scales approved by Buyer. Any scale used to measure the “Payment Weight”) by Buyer on the basis of certified scale weights at the generating station. If Buyer’s belt scale is inoperable or if Buyer fails to obtain a sample of the coal for qualitative analysis upon unloading, the Seller’s loading weight Biomass Fuel shall be used for the relevant Shipment maintained and the Seller’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller will be notified as soon as possible whenever the Buyer’s belt scale or sampling equipment is out of operation. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all coal delivered and unloaded at Buyer’s ▇▇▇▇▇▇▇ County Generating Station, the unloaded weight for each Shipment, shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total of all Seller’s barges unloaded in this sequence, The assigned unloaded weight for each such Shipment shall be proportioned based upon Seller’s load weight for each barge and the total weight for all Seller’s barges unloaded in that sequence. Scales (whether Buyer’s or Seller’s) shall be operated in accordance with NIST Handbook 44procedures acceptable to Seller and shall be professionally certified at intervals of no less than six (6) months to be in conformity with the most current, industry accepted Scale Handbook. Buyer shall give immediate notice by telephone to Seller if Buyer's weighing become inoperative or are discovered to be inaccurate. In the absence of scale weights from Buyer, Buyer and Seller will mutually agree upon the means of determining the weight of the Biomass Fuel sold, delivered and purchased hereunder. Such scales methods as may be mutually agreed upon shall not necessarily be the same as required under the tariff for payment of freight. A net weight will be determined and reported to Seller for each shipment of Biomass Fuel hereunder. The aggregate net weights determined during any payment period shall be duly reviewed by an appropriate testing agency accepted as the quantity of biomass fuel sold and maintained in an accurate condition purchased during such period for which invoices are to be rendered and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversightpayment to be made. Seller shall have the right, at Seller’s expense and upon reasonable notice, right to have the Buyer’s scales checked for accuracy a representative present at any reasonable time or frequencyand all times to observe the determination of weights. If Seller should at any time question the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, shall pay to the other such amounts owed as a result accuracy of the recalculationweights, Seller shall so advise Buyer and Buyer shall reimburse Seller for permit Seller's representative to test Buyer's weighing devices or methods. In the expenses incurred in checking the accuracy of said scales. If the Seller’s scales event Buyer's weighing devices or methods are used for payment purposes and are found determined to be over or under the tolerance range allowable for the scale based on industry-accepted standards in error, within thirty (the “Tolerance”)30) days thereafter, then Buyer shall recalculate advise Seller of the payments for coal weighed on those scales for amount and the estimated duration of the error. Buyer shall make adjustments to the affected invoices so that the weight is paid by Buyer as if there had been no error in Buyer's weighing devices. In the event Buyer cannot establish the amount and duration of the error, the Parties shall determine the number of tons and average BTU content of each shipment invoiced during the last half of the period of inaccuracy (not to exceed 30 days) based on since the percentage of variance identified for the scales from the Tolerance, plus the amount most recent calibration of the Toleranceweighing device. Buyer or SellerShould the Parties be unable to agree on this determination, as applicable, it shall pay to the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred be resolved in checking the accuracy of said scalesaccordance with Section 17.

Weights. Except Seller shall determine and transmit to Buyer loading weights on the basis of certified scales or barge draft weights at the loading point and qualitative analysis for each Shipment of coal, as quickly as possible. However, except as otherwise provided herein or if the parties agree otherwise, the weight of each coal Shipment delivered hereunder under this Agreement shall be determined for payment purposes (the “Payment Weight”) by Buyer Seller on the basis of certified scale weights at either the generating stationRail Delivery Point, or draft weights as calculated by a qualified person at the Barge Delivery Point or Seller’s certified truck scales at each shipping point to be applied to coal delivered to the Truck Delivery Point. Seller shall provide Buyer with a written copy of Seller’s drafting procedure. Seller shall notify Buyer of any requested changes to the drafting procedure, and gain Buyer’s approval prior to making any changes to the drafting procedure. Buyer shall have the right, at Buyer’s expense and upon reasonable notice, to have the draft survey checked for accuracy at any reasonable time or frequency. If Buyerthe draft survey is found to be over or under tolerance range allowable for the draft survey based on industry accepted standards, either party shall pay to the other any amounts owed due to such inaccuracy for a period not to exceed thirty (30) days before the time any inaccuracy of draft survey is determined. If Seller’s belt scale is inoperable or if Buyer Seller fails to obtain a sample of the coal for qualitative analysis upon unloadingloading, the SellerBuyer’s loading unloading weight shall be used for the relevant Shipment Shipment, and the SellerBuyer’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller Buyer will be notified as soon as possible whenever the BuyerSeller’s belt certified scale or sampling equipment is out of operation. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all coal delivered and unloaded at Buyer’s ▇▇▇▇▇▇▇ County Generating Station, the unloaded weight for each Shipment, shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total of all Seller’s barges unloaded in this sequence, . The assigned unloaded weight for each such Shipment shall be proportioned based upon Seller’s load weight for each barge and the total weight for all Seller’s barges unloaded in that sequence. Scales (whether Buyer’s or Seller’s) shall be operated in accordance with NIST Handbook 44. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversight. Seller shall have the right, at Seller’s expense and upon reasonable notice, to have the Buyer’s scales checked for accuracy at any reasonable time or frequency. If the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Buyer shall reimburse Seller for the expenses incurred in checking the accuracy of said scales. If the Seller’s scales are used for payment purposes and are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards (the “Tolerance”), then Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the percentage of variance identified for the scales from the Tolerance, plus the amount of the Tolerance. Buyer or Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred in checking the accuracy of said scales.Handbook

Weights. Except as otherwise provided herein or if the parties agree otherwise, the weight of each coal Shipment delivered hereunder under this Agreement shall be determined for payment purposes (the “Payment Weight”) by Buyer Seller on the basis of certified belt scale (“Scale”) weights at the generating station. If Buyer’s belt scale is inoperable or if Buyer fails to obtain a sample of the coal for qualitative analysis upon unloading, the Seller’s loading weight shall be used for the relevant Shipment and the Seller’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller will be notified as soon as possible whenever the Buyer’s belt scale or sampling equipment is out of operationBarge Delivery Point. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all If Seller’s scale is inoperable, or if Seller fails to obtain a sample of the coal upon loading, ▇▇▇▇▇’s unloading weight shall be used for the relevant Shipment. Buyer shall be notified as soon as possible whenever Seller’s scale or sampling equipment is out of operation, or when Seller fails to obtain a sample upon loading. In such cases, for coal delivered and unloaded at Buyer’s ▇▇▇▇▇▇▇ Trimble County Generating Station, the unloaded weight for each Shipment, Shipment shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total of all of Seller’s barges unloaded in this sequence, . The assigned unloaded weight for each such Shipment shall be proportioned based upon on Seller’s load weight for each barge and the total weight for all of Seller’s barges unloaded in that sequence. Scales (whether Buyer’s or Seller’s) shall be operated in accordance with NIST Handbook 44. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversight. Seller shall have the right, at Seller’s expense and upon reasonable notice, to have the Buyer’s scales checked for accuracy at any reasonable time or frequency. If the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Buyer shall reimburse Seller for the expenses incurred in checking the accuracy of said scales. If the Seller’s scales are used for payment purposes and are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards (the “Tolerance”), then Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the percentage of variance identified for the scales from the Tolerance, plus the amount of the Tolerance. Buyer or Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred in checking the accuracy of said scales.Handbook

Weights. Except as otherwise provided herein or if the parties agree otherwise, the weight of each coal Shipment delivered hereunder shall be determined for payment purposes (the “Payment Weight”) by Buyer on the basis of certified scale weights at the Buyer’s generating station. If Buyer’s belt scale is inoperable or if Buyer fails to obtain a sample of the coal for qualitative analysis upon unloadingloading, the Seller’s loading weight shall be used for the relevant Shipment Shipment, and the Seller’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller will be notified as soon as possible whenever the Buyer’s belt scale or sampling equipment is out of operation. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all coal delivered and unloaded at Buyer’s ▇▇▇▇▇▇▇ County Generating Station, the unloaded weight for each Shipment, shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total of all Seller’s barges unloaded in this sequence, The assigned unloaded weight for each such Shipment shall be proportioned based upon Seller’s load weight for each barge and the total weight for all Seller’s barges unloaded in that sequencepossible after loading. Scales (whether Buyer’s or Seller’s) shall be operated in accordance with NIST Handbook 44. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversight. Seller Either Party shall have the right, at Seller’s its expense and upon reasonable notice, to have the Buyerother Party’s scales checked for accuracy at any reasonable time or frequency. If the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 [***] days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, shall pay to the other such amounts owed as a result of the that recalculation, and Buyer shall reimburse Seller for the expenses incurred in checking the accuracy of said scales. If the Seller’s scales are used for payment purposes and are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards (the “Tolerance”), then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 [***] days) based on the percentage of variance identified for the scales from the Tolerance, plus the amount of the Tolerance. Buyer or Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred in checking the accuracy of said scales.

Weights. Except Seller shall determine and transmit to Buyer loading weights on the basis of certified scales or barge draft weights at the loading point and qualitative analysis for each Shipment of coal, as quickly as possible. However, except as otherwise provided herein or if the parties agree otherwise, the weight of each coal Shipment delivered hereunder under this Agreement shall be determined for payment purposes (the “Payment Weight”) by Buyer Seller on the basis of certified scale weights at the generating stationBarge Delivery Point, or if drafting is necessary, draft weights are to be calculated by a third party (“Drafting Contractor”) at the Barge Delivery Point. Seller shall provide Buyer with a written copy of Seller’s drafting procedure. Seller shall notify Buyer of any requested changes to the drafting procedure, and gain Buyer’s approval prior to making any changes to the drafting procedure. Buyer shall have the right, at Buyer’s expense and upon reasonable notice, to have the draft survey checked for accuracy at any reasonable time or frequency. If Buyerthe draft survey is found to be over or under tolerance range allowable for the draft survey based on industry accepted standards, either party shall pay to the other any amounts owed due to such inaccuracy for a period not to exceed thirty (30) days before the time any inaccuracy of draft survey is determined. If Seller’s belt scale is inoperable or if Buyer Seller fails to obtain a sample of the coal for qualitative analysis upon unloadingloading, the SellerBuyer’s loading unloading weight shall be used for the relevant Shipment Shipment, and the SellerBuyer’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller Buyer will be notified as soon as possible whenever the BuyerSeller’s belt certified scale or sampling equipment is out of operation. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all coal delivered and unloaded at Buyer’s ▇▇▇▇▇▇▇ County Generating Station, the unloaded weight for each Shipment, shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total of all Seller’s barges unloaded in this sequence, . The assigned unloaded weight for each such Shipment shall be proportioned based upon Seller’s load weight for each barge and the total weight for all Seller’s barges unloaded in that sequence. Scales (whether Buyer’s or Seller’s) shall be operated in accordance with NIST Handbook 44. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversight. Seller shall have the right, at Seller’s expense and upon reasonable notice, to have the Buyer’s scales checked for accuracy at any reasonable time or frequency. If the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Buyer shall reimburse Seller for the expenses incurred in checking the accuracy of said scales. If the Seller’s scales are used for payment purposes and are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards (the “Tolerance”), then Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the percentage of variance identified for the scales from the Tolerance, plus the amount of the Tolerance. Buyer or Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred in checking the accuracy of said scales.Handbook