Common use of Weights Clause in Contracts

Weights. a. Unless TVA determines circumstances require determination by other methods, all coal delivered to destination by barge shall be weighed by TVA, or the blending facility, on belt scales which are maintained and periodically calibrated by TVA or third parties for accuracy. b. Where at TVA's election coal is weighed by Contractor at origin, Contractor shall notify TVA immediately upon the occurrence of inaccurate weighing or absence of actual weighing. Contractor shall certify such notification in writing to TVA within seven (7) working days of the date of each such occurrence. Such certification shall identify each affected coal shipment by contract number, breakdown code, shipping point, traffic control number, shipping date, and car or barge number(s). Contractor's account shall be adjusted for any coal inaccurately weighed, or not weighed, and by the amount of the carrier's weighing charge in effect at the time of shipment, such adjustment to be made at whatever time such occurrence(s) becomes known to TVA. In the absence of scale weights from Contractor, TVA and Contractor will mutually agree by what means the weight of coal delivered hereunder shall be determined. Contractor shall reimburse TVA for any cost or expense charged to or incurred by TVA as a result of the absence of appropriate scale weights from Contractor. While TVA may not undertake to weigh all coal received, it may at its option, check weigh any coal received. In the event billed (invoiced) weights vary from TVA weights by more than one and one-half percent (1-1/2%), TVA's weights will govern. If TVA has elected to have Contractor weigh the coal pursuant to Subsection b., scale tests shall be performed quarterly or more often than quarterly when requested by TVA. TVA shall be responsible for the cost of additional requested tests unless the results thereof show that the scale failed to conform to certification standards, in which event Contractor shall be responsible for such costs. The aggregate weights determined during any payment period shall be acceptable as the quantity of coal sold and purchased during such period for which invoices are to be rendered and payments to be made. TVA shall have the right to have a representative present at any and all times during TVA loadings to observe determination of weights. If TVA should at any time question the accuracy of the weights thus determined, TVA shall so advise Contractor and Contractor shall permit TVA's representatives to test Contractor's weighing devices or methods. If such tests show the weighing devices to be in error, or if the weighing devices otherwise are determined to be in error, the weighing devices shall be adjusted to an accurate condition. In the event TVA and Contractor are unable to agree upon such tests and adjustments, or the devices or methods thereof, the weighing devices and methods shall be tested and adjusted to a condition of accuracy by a qualified third party, mutually chosen by TVA and Contractor, and the cost of the testing and adjusting by such third party shall be shared equally by TVA and Contractor. If Contractor's weighing devices or methods are determined to be in error over 0.5%, an appropriate adjustment shall be made to the affected weights and related invoices and payments. Such adjustments shall be made retroactively to a date midway between the date on which the weighing devices were last tested and calibrated and the date on which the inaccuracy in weighing methods or devices was first questioned and prospectively until the date on which the weighing methods and devices are corrected. c. All scales used by Contractor to determine the governing weight of coal shall be maintained and operated in accordance with the National Institute of Standards and Technology Handbook 44.

Weights. a. Unless TVA determines circumstances require determination by other methods, all coal delivered to destination by barge shall 16.1 Coal will be weighed or measured by TVA, Contractor, or independent laboratory technician (using scales or other appropriate method approved by TVA) at the blending facilitylocation where samples are collected for payment purposes. Except as specifically provided below, on belt scales which Contractor-provided weights will be used for contract purposes where this contract provides that Contractor samples are maintained used for payment purposes, and periodically calibrated TVA’s weights will be used for contract purposes when this contract provides that TVA’s samples are used for payment purposes. When Contractor-provided weights are used, said weights will be reported to TVA by electronic facsimile or as designated by the Contract Administrator for each shipment of coal hereunder. TVA or third parties for accuracy. b. Where shall have the right to have a representative present, at TVA's election coal is weighed by Contractor ’s sole risk and expense, at origin, any and all times during TVA loadings to observe determination of weights. Contractor shall notify TVA immediately upon the occurrence of inaccurate weighing or absence of actual weighing. Contractor shall certify confirm such notification in writing to TVA within seven (7) working days of the date of each such occurrence. Such certification confirmation shall identify each affected coal shipment by contract Purchase Order number, breakdown codeline item number, shipping point, traffic control number, shipping date, and car or barge car/barge/truck number(s). Contractor's ’s account shall be adjusted for any coal inaccurately weighed, or not weighed, and by the amount of the carrier's weighing charge in effect at the time of shipment, such adjustment to be made at whatever time such occurrence(s) becomes known to TVA. 16.2 All scales and weighing devices used by Contractor to determine the governing weight of coal shall be certified by the appropriate regulatory authority or a railroad and shall be material tested annually by an independent third party at the Contractor’s expense and the results of such tests provided to TVA within thirty (30) days of receipt of such test results of Contractor. In Such scales and weighing devices shall comply with the absence National Institute of scale Standards and Technology Handbook 44 and shall be installed, maintained, and operated according to manufacturers’ recommendations. 16.3 If Contractor-provided weights from Contractorare to be used, and Contractor fails to provide proper weights, TVA and Contractor weights will mutually agree be the means by what means which the weight of coal delivered sold, delivered, and purchased hereunder shall be determined. Contractor shall reimburse TVA for any cost or expense charged to or incurred by TVA as a result of the absence of appropriate scale proper weights from Contractor, and TVA may elect to have TVA’s sampling and analysis govern for quality adjustment purposes as to any coal not properly weighed by Contractor. While TVA may not undertake to weigh all coal received, it may at its option, option check weigh any coal received. In the event billed (invoiced) invoiced weights vary from exceed TVA weights by more than one and one-half percent (1-1/21.5%), TVA's a full material test will be run by both parties with each party responsible for its own cost. The weights will that are determined most accurate shall govern. If TVA has elected to have Contractor weigh the coal pursuant to Subsection b., scale . 16.4 Scale tests shall be performed quarterly or more often than quarterly when annually if reasonably requested by TVA. TVA shall be responsible for the cost of additional (more than annual) requested tests unless the results thereof show that the scale failed to conform to certification standards, in which event the Contractor shall be responsible for such costs. The aggregate weights determined during any payment period shall be acceptable as the quantity of coal sold and purchased during such period for which invoices are to be rendered and payments to be made. TVA shall have the right to have a representative present at any and all times during TVA loadings to observe determination of weights. If TVA should at any time question the accuracy of the weights thus determined, TVA shall so advise Contractor and Contractor shall permit TVA's representatives to test Contractor's weighing devices or methods. If such tests show the weighing devices to be in error, or if the weighing devices otherwise are determined to be in error, the weighing devices shall be adjusted to an accurate condition. In the event TVA and Contractor are unable to agree upon such tests and adjustments, or the devices or methods thereof, the weighing devices and methods shall be tested and adjusted to a condition of accuracy by a qualified third party, mutually chosen by TVA and Contractor, and the cost of the testing and adjusting by such third party shall be shared equally by TVA and Contractor. . 16.5 If Contractor's ’s or TVA’s weighing devices or methods are determined by said independent third party to be in error over 0.5%, an appropriate adjustment shall be made to the affected weights and related invoices and paymentspayments reflecting the full extent of the error. Such adjustments shall be made retroactively to a date midway between the date on which the weighing devices were last tested and calibrated and the date on which the inaccuracy in weighing methods or devices was first questioned and prospectively until the date on which the weighing methods and devices are corrected. c. All 16.6 If scales used at the applicable mine determine the weight for less than all of the railcars in a single trainload lot, then the average railcar weight for the last three trainload lots to TVA, for trains that contained railcars all of the same capacity as the unweighed cars, shall be determined by Contractor dividing the trainload lots’ weight by the number of railcars in the trainload lots. The average railcar weight shall be multiplied by the number of railcars in the unweighed or partially unweighed trainload lot to determine the governing weight of coal shall be maintained and operated in accordance with the National Institute of Standards and Technology Handbook 44trainload lot weight.

Weights. a. Unless TVA determines the parties determine circumstances require determination by other methods, all coal delivered to destination by barge shipped shall be weighed by TVA, or the blending facilityContractor at origin, on belt scales or truck scales which are maintained and periodically calibrated by TVA or third parties for accuracy. b. Where at TVA's election coal is weighed by Contractor at origin, accuracy as required herein. Contractor shall notify TVA immediately upon the occurrence of inaccurate weighing or absence of actual weighing. Contractor shall certify confirm such notification in writing to TVA within seven (7) working days of the date of each such occurrence. Such certification confirmation shall identify each affected coal shipment by contract number, breakdown code, shipping point, traffic control number, shipping date, and car or barge number(s)shipment. Contractor's ’s account shall be adjusted for any coal inaccurately weighed, weighed or not weighed, and by the amount of the carrier's weighing charge in effect at the time of shipment, such adjustment to be made at whatever time such occurrence(s) becomes known to TVA. In the absence of scale weights from Contractor, TVA and Contractor will mutually agree by what means the weight of coal delivered hereunder shall be determined. . b. Contractor shall reimburse TVA for any cost or expense charged perform scale certification tests on its scales at a minimum annually, however, in addition to or incurred by TVA as a result of the absence of appropriate scale weights from Contractor. While TVA may not undertake to weigh all coal receivedannual certification test, it may at its option, check weigh any coal received. In the event billed (invoiced) weights vary from TVA weights by more than one and one-half percent (1-1/2%), TVA's weights will govern. If TVA has elected to have Contractor weigh the coal pursuant to Subsection b., scale shall perform load tests shall be performed on its’ scales quarterly or more often than quarterly when requested by TVA. TVA shall be responsible for the cost of additional requested tests unless the results thereof show that the scale failed to conform to certification standards, in which event Contractor shall be responsible for such costs. The aggregate weights determined during any payment period shall be acceptable as the quantity of coal sold and purchased during such period for which invoices are to be rendered and payments to be made. TVA shall have the right to have a representative present at any and all times time during TVA loadings to observe determination of weights. If TVA should at any time question the accuracy of the weights thus determined, TVA shall so advise Contractor and Contractor shall permit TVA's ’s representatives to test Contractor's ’s weighing devices or methods. If such tests show the weighing devices to be in error, or if the weighing devices otherwise are rare determined to be in error, the weighing devices shall be adjusted to an accurate condition. In the event TVA and Contractor are unable to agree upon such tests and adjustments, or the devices or methods thereof, the weighing devices and methods shall be tested and adjusted to a condition of accuracy by a qualified third party, mutually chosen by TVA and Contractor, and the cost of the testing and adjusting by such third party shall be shared equally by TVA and Contractor. If Contractor's ’s weighing devices or methods are determined to be in error over 0.5%, an appropriate adjustment shall be made to the affected weights and related invoices and payments. Such adjustments shall be made retroactively to a date midway between the date on which the weighing devices were last tested and calibrated and the date on which the inaccuracy in weighing methods or devices was first questioned and prospectively until the date on which the weighing methods and devices are corrected. c. All scales used by Contractor to determine the governing weight of coal shall be maintained and operated in accordance with the National Institute of Standards Stands and Technology Handbook 44.

Weights. a. Unless TVA determines circumstances require determination by other methods, all coal delivered to destination by barge shall be weighed by TVA, or the blending facility, TVA on belt scales which are maintained and periodically calibrated by TVA or third parties for accuracy. b. Where at TVA's election coal is weighed by Contractor at origin, Contractor shall notify TVA immediately upon the occurrence of inaccurate weighing or absence of actual weighing. Contractor shall certify such notification in writing to TVA within seven (7) working days of the date of each such occurrence. Such certification shall identify each affected coal shipment by contract number, breakdown code, shipping point, traffic control number, shipping date, and car or barge number(s). Contractor's account shall be adjusted for any coal inaccurately weighed, or not weighed, and by the amount of the carrier's weighing charge in effect at the time of shipment, such . Such adjustment to be made at whatever time such occurrence(s) becomes known to TVA. In the absence of scale weights from Contractor, TVA and Contractor will mutually agree by what means the weight of coal delivered hereunder shall be determined. Contractor shall reimburse TVA for any cost or expense charged to or incurred by TVA as a result of the absence of appropriate scale weights from Contractor. While TVA may not undertake to weigh all coal received, it may at its option, check weigh any coal received. In the event billed (invoiced) weights vary from TVA weights by more than one and one-half percent (1-1/2%), TVA's weights will govern. If TVA has elected to have Contractor weigh the coal pursuant to Subsection b., scale tests shall be performed quarterly or more often than quarterly when requested by TVA. TVA shall be responsible for the cost of additional requested tests unless the results thereof show that the scale failed to conform to certification standards, in which event Contractor shall be responsible for such costs. The aggregate weights determined during any payment period shall be acceptable as the quantity of coal sold and purchased during such period for which invoices are to be rendered and payments to be made. TVA shall have the right to have a representative present at any and all times during TVA loadings to observe determination of weights. If TVA should at any time question the accuracy of the weights thus determined, TVA shall so advise Contractor and Contractor shall permit TVA's representatives to test Contractor's weighing devices or methods. If such tests show the weighing devices to be in error, or if the weighing devices otherwise are determined to be in error, the weighing devices shall be adjusted to an accurate condition. In the event TVA and Contractor are unable to agree upon such tests and adjustments, or the devices or methods thereof, the weighing devices and methods shall be tested and adjusted to a condition of accuracy by a qualified third party, mutually chosen by TVA and Contractor, and the cost of the testing and adjusting by such third party shall be shared equally by TVA and Contractor. If Contractor's weighing devices or methods are determined to be in error over 0.5%, an appropriate adjustment shall be made to the affected weights and related invoices and payments. Such adjustments shall be made retroactively to a date midway between the date on which the weighing devices were last tested and calibrated and the date on which the inaccuracy in weighing methods or devices was first questioned and prospectively until the date on which the weighing methods and devices are corrected. c. All scales used by Contractor to determine the governing weight of coal shall be maintained and operated in accordance with the National Institute of Standards and Technology Handbook 44.

Weights. a. Unless TVA determines circumstances require determination by other methods, all coal delivered to destination by barge shall 16.1 Coal will be weighed or measured by TVA, Contractor, or independent laboratory technician (using scales or other appropriate method approved by TVA) at the blending facilitylocation where samples are collected for payment purposes. Except as specifically provided below, on belt scales which Contractor-provided weights will be used for Contract purposes where this Contract provides that Contractor samples are maintained used for payment purposes, and periodically calibrated TVA’s weights will be used for Contract purposes when this Contract provides that TVA’s samples are used for payment purposes. When Contractor-provided weights are used, said weights will be reported to TVA by electronic facsimile or as designated by the Contract Management Specialist for each shipment of coal hereunder. TVA or third parties for accuracy. b. Where shall have the right to have a representative present, at TVA's election coal is weighed by Contractor ’s sole risk and expense, at origin, any and all times during TVA loadings to observe determination of weights. Contractor shall notify TVA immediately upon the occurrence of inaccurate weighing or absence of actual weighing. Contractor shall certify confirm such notification in writing to TVA within seven (7) working days of the date of each such occurrence. Such certification confirmation shall identify each affected coal shipment by contract Purchase Order number, breakdown codeline item number, shipping point, traffic control number, shipping date, and car or barge car/barge/truck number(s). Contractor's ’s account shall be adjusted for any coal inaccurately weighed, or not weighed, and by the amount of the carrier's weighing charge in effect at the time of shipment, ; such adjustment to be made at whatever time times such occurrence(s) becomes known to TVA. 16.2 All scales and weighing devices used by Contractor to determine the governing weight of coal shall be certified by the appropriate regulatory authority or a railroad and shall be material tested annually by an independent third party at the Contractor’s expense and the results of such tests provided to TVA within thirty (3) days of receipt of such test results of Contractor. Such scales and weighing devices shall comply with the National Institute of Standards and Technology Handbook 44 and shall be installed, maintained, and operated according to manufacturers’ recommendations. In addition, Contractor shall conduct zero-load tests and simulated load or material tests at periodic intervals but no less frequently than once per year between official tests and after a repair or mechanical adjustment to the absence of belt conveyor system in order to provide reasonable assurance that the scale is performing correctly 16.3 If Contractor-provided weights from Contractorare to be used, and Contractor fails to provide proper weights, TVA and Contractor weights will mutually agree be the means by what means which the weight of coal delivered sold, delivered, and purchased hereunder shall be determined. Contractor shall reimburse TVA for any cost or expense charged to or incurred by TVA as a result of the absence of appropriate scale proper weights from Contractor, and TVA may elect to have TVA’s sampling and analysis govern for quality adjustment purposes as to any coal not properly weighed by Contractor. While TVA may not undertake to weigh all coal received, it may at its option, option check weigh any coal received. In the event billed (invoiced) invoiced weights vary from exceed TVA weights by more than one and one-half percent (1-1/21.5%), TVA's a full material test will be run by both Parties with each party responsible for its own cost. The weights will that are determined most accurate shall govern. If TVA has elected to have Contractor weigh the coal pursuant to Subsection b., scale . 16.4 Scale tests shall be performed quarterly or more often than quarterly when annually if reasonably requested by TVA. TVA shall be responsible for the cost of additional (more than annual) requested tests unless the results thereof show that the scale failed to conform to certification standards, in which event the Contractor shall be responsible for such costs. The aggregate weights determined during any payment period shall be acceptable as the quantity of coal sold and purchased during such period for which invoices are to be rendered and payments to be made. TVA shall have the right to have a representative present at any and all times during TVA loadings to observe determination of weights. If TVA should at any time question the accuracy of the weights thus determined, TVA shall so advise Contractor and Contractor shall permit TVA's representatives to test Contractor's weighing devices or methods. If such tests show the weighing devices to be in error, or if the weighing devices otherwise are determined to be in error, the weighing devices shall be adjusted to an accurate condition. In the event TVA and Contractor are unable to agree upon such tests and adjustments, or the devices or methods thereof, the weighing devices and methods shall be tested and adjusted to a condition of accuracy by a qualified third party, mutually chosen by TVA and Contractor, and the cost of the testing and adjusting by such third party shall be shared equally by TVA and Contractor. . 16.5 If Contractor's ’s or TVA’s weighing devices or methods are determined by said independent third party to be in error over 0.5%, an appropriate adjustment shall be made to the affected weights and related invoices and paymentspayments reflecting the full extent of the error. Such adjustments shall be made retroactively to a date midway between the date on which the weighing devices were last tested and calibrated and the date on which the inaccuracy in weighing methods or devices was first questioned and prospectively until the date on which the weighing methods and devices are corrected. c. All 16.6 If scales used at the applicable mine determine the weight for less than all of the railcars in a single trainload lot, then the average railcar weight for the last three trainload lots to TVA, for trains that contained railcars all of the same capacity as the unweighed cars, shall be determined by Contractor dividing the trainload lots’ weight by the number of railcars in the trainload lots. The average railcar weight shall be multiplied by the number of railcars in the unweighed or partially unweighed trainload lot to determine the governing weight of coal shall be maintained and operated in accordance with the National Institute of Standards and Technology Handbook 44trainload lot weight.

Weights. a. Unless TVA determines circumstances require determination by other methods, all coal delivered to destination by barge shall Coal will be weighed or measured by TVA, Alliance, or independent laboratory technician (using scales or other appropriate method approved by TVA) at the blending facilitylocation where samples are collected for payment purposes. Except as specifically provided below, on belt scales which Alliance-provided weights will be used for contract purposes where this contract provides that Alliance samples are maintained used for payment purposes, and periodically calibrated TVA’s weights will be used for contract purposes when this contract provides that TVA’s samples are used for payment purposes. When Alliance-provided weights are used, said weight will be reported to TVA by electronic facsimile or as designated by the Contract Administrator for each shipment of coal hereunder. TVA or third parties for accuracy. b. Where shall have the right to have a representative present, at TVA's election coal is weighed by Contractor ’s sole risk and expense, at originany and all times and without the necessity of providing prior notice to Alliance, Contractor during TVA loadings to observe determination of weights. Alliance shall notify TVA immediately upon the occurrence of inaccurate weighing or absence of actual weighing. Contractor Alliance shall certify confirm such notification in writing to TVA within seven (7) working days of the date of each such occurrence. Such certification confirmation shall identify each affected coal shipment by contract number, breakdown codeRelease number, shipping point, traffic control number, shipping date, and car or barge car/barge/truck number(s). Contractor's Alliance’s account shall be adjusted for any coal inaccurately weighed, or not weighed, and by the amount of the carrier's weighing charge in effect at the time of shipment, such adjustment to be made at whatever time such occurrence(s) becomes known to TVA. In All scales and weighing devices used by Alliance to determine the absence governing weight of scale coal shall be certified by the appropriate regulatory authority or a railroad and shall be material tested annually by an independent third party at Alliance’s expense. Such scales and weighing devices shall comply with the National Institute of Standards and Technology Handbook 44 and shall be installed, maintained, and operated according to manufacturers’ recommendations. If Alliance-provided weights from Contractorare to be used, and Alliance fails to provide proper weights, TVA and Contractor weights will mutually agree be the means by what means which the weight of coal delivered sold, delivered, and purchased hereunder shall be determined. Contractor Alliance shall reimburse TVA for any cost or expense charged to or incurred by TVA as a result of the absence of appropriate scale proper weights from ContractorAlliance, and TVA may elect to have TVA’s sampling and analysis govern for quality adjustment purposes as to any coal not properly weighed by Alliance. While TVA may not undertake to weigh all coal received, it may at its option, option check weigh any coal received. In the event billed (invoiced) invoiced weights vary from exceed TVA weights by more than one and one-half percent (1-1/21.5%)) per month, TVA's ’s weights will govern. If TVA has elected to have Contractor weigh the coal pursuant to Subsection b., scale Scale tests shall be performed quarterly or more often than quarterly when annually if reasonably requested by TVA. TVA shall be responsible for the cost of additional (more than annual) requested tests unless the results thereof show that the scale failed to conform to certification standards, in which event Contractor Alliance shall be responsible for such costs. The aggregate weights determined during any payment period shall be acceptable as the quantity of coal sold and purchased during such period for which invoices are to be rendered and payments to be made. TVA shall have the right to have a representative present at any and all times during TVA loadings to observe determination of weights. If TVA should at any time question the accuracy of the weights thus determined, TVA shall so advise Contractor and Contractor shall permit TVA's representatives to test Contractor's weighing devices or methods. If such tests show the weighing devices to be in error, or if the weighing devices otherwise are determined to be in error, the weighing devices shall be adjusted to an accurate condition. In the event TVA and Contractor are unable to agree upon such tests and adjustments, or the devices or methods thereof, the weighing devices and methods shall be tested and adjusted to a condition of accuracy by a qualified third party, mutually chosen by TVA and Contractor, and the cost of the testing and adjusting by such third party shall be shared equally by TVA and Contractor. If Contractor's Alliance’s weighing devices or methods are determined by said independent third party to be in error over 0.5%, an appropriate adjustment shall be made made, either upward or downward, to the affected weights and related invoices and payments. Such adjustments shall be made retroactively to a date midway between the date on which the weighing devices were last tested and calibrated and the date on which the inaccuracy in weighing methods or devices was first questioned and prospectively until the date on which the weighing methods and devices are corrected. c. All . If scales used at the applicable mine determine the weight for less than all of the railcars in a single trainload lot, then the average railcar weight for the last three trainload lots to TVA, for trains that contained railcars all of the same capacity as the unweighed cars, shall be determined by Contractor dividing the trainload lots’ weight by the number of railcars in the trainload lots. The average railcar weight shall be multiplied by the number of railcars in the unweighed or partially unweighed trainload lot to determine the governing weight of coal shall be maintained and operated in accordance with the National Institute of Standards and Technology Handbook 44trainload lot weight.

Weights. a. Unless TVA determines circumstances require determination by other methods, all coal delivered to destination by barge shall 16.1 Coal will be weighed or measured by TVA, Contractor, or independent laboratory technician (using scales or other appropriate method approved by TVA) at the blending facilitylocation where samples are collected for payment purposes. Except as specifically provided below, on belt scales which Contractor-provided weights will be used for contract purposes where this contract provides that Contractor samples are maintained used for payment purposes, and periodically calibrated TVA’s weights will be used for contract purposes when this contract provides that TVA’s samples are used for payment purposes. When Contractor-provided weights are used, said weights will be reported to TVA by electronic facsimile or as designated by the Contract Administrator for each shipment of coal hereunder. TVA or third parties for accuracy. b. Where shall have the right to have a representative present, at TVA's election coal is weighed by Contractor ’s sole risk and expense, at origin, any and all times during TVA loadings to observe determination of weights. Contractor shall notify TVA immediately upon the occurrence of inaccurate weighing or absence of actual weighing. Contractor shall certify confirm such notification in writing to TVA within seven (7) working days of the date of each such occurrence. Such certification confirmation shall identify each affected coal shipment by contract Purchase Order number, breakdown codeline item number, shipping point, traffic control number, shipping date, and car or barge car/barge/truck number(s). Contractor's ’s account shall be adjusted for any coal inaccurately weighed, or not weighed, and by the amount of the carrier's weighing charge in effect at the time of shipment, such adjustment to be made at whatever time such occurrence(s) becomes known to TVA. 16.2 All scales and weighing devices used by Contractor to determine the governing weight of coal shall be certified by the appropriate regulatory authority or a railroad and shall be material tested annually by an independent third party at the Contractor’s expense and the results of such tests provided to TVA within thirty (3) days of receipt of such test results of Contractor. In Such scales and weighing devices shall comply with the absence National Institute of scale Standards and Technology Handbook 44 and shall be installed, maintained, and operated according to manufacturers’ recommendations. 16.3 If Contractor-provided weights from Contractorare to be used, and Contractor fails to provide proper weights, TVA and Contractor weights will mutually agree be the means by what means which the weight of coal delivered sold, delivered, and purchased hereunder shall be determined. Contractor shall reimburse TVA for any cost or expense charged to or incurred by TVA as a result of the absence of appropriate scale proper weights from Contractor, and TVA may elect to have TVA’s sampling and analysis govern for quality adjustment purposes as to any coal not properly weighed by Contractor. While TVA may not undertake to weigh all coal received, it may at its option, option check weigh any coal received. In the event billed (invoiced) invoiced weights vary from exceed TVA weights by more than one and one-half percent (1-1/21.5%), TVA's a full material test will be run by both parties with each party responsible for its own cost. The weights will that are determined most accurate shall govern. If TVA has elected to have Contractor weigh the coal pursuant to Subsection b., scale . 16.4 Scale tests shall be performed quarterly or more often than quarterly when annually if reasonably requested by TVA. TVA shall be responsible for the cost of additional (more than annual) requested tests unless the results thereof show that the scale failed to conform to certification standards, in which event the Contractor shall be responsible for such costs. The aggregate weights determined during any payment period shall be acceptable as the quantity of coal sold and purchased during such period for which invoices are to be rendered and payments to be made. TVA shall have the right to have a representative present at any and all times during TVA loadings to observe determination of weights. If TVA should at any time question the accuracy of the weights thus determined, TVA shall so advise Contractor and Contractor shall permit TVA's representatives to test Contractor's weighing devices or methods. If such tests show the weighing devices to be in error, or if the weighing devices otherwise are determined to be in error, the weighing devices shall be adjusted to an accurate condition. In the event TVA and Contractor are unable to agree upon such tests and adjustments, or the devices or methods thereof, the weighing devices and methods shall be tested and adjusted to a condition of accuracy by a qualified third party, mutually chosen by TVA and Contractor, and the cost of the testing and adjusting by such third party shall be shared equally by TVA and Contractor. . 16.5 If Contractor's ’s or TVA’s weighing devices or methods are determined by said independent third party to be in error over 0.5%, an appropriate adjustment shall be made to the affected weights and related invoices and paymentspayments reflecting the full extent of the error. Such adjustments shall be made retroactively to a date midway between the date on which the weighing devices were last tested and calibrated and the date on which the inaccuracy in weighing methods or devices was first questioned and prospectively until the date on which the weighing methods and devices are corrected. c. All 16.6 If scales used at the applicable mine determine the weight for less than all of the railcars in a single trainload lot, then the average railcar weight for the last three trainload lots to TVA, for trains that contained railcars all of the same capacity as the unweighed cars, shall be determined by Contractor dividing the trainload lots’ weight by the number of railcars in the trainload lots. The average railcar weight shall be multiplied by the number of railcars in the unweighed or partially unweighed trainload lot to determine the governing weight of coal shall be maintained and operated in accordance with the National Institute of Standards and Technology Handbook 44trainload lot weight.