G.3.3  Joint Sampling and Testing by the Company and the Agency

In the event that the Agency shall assert and the Company shall deny that the concentration at the Delivery Point of a Non-Critical or Critical Treated Water Parameter has exceeded its maximum permitted value the Company and the Agency shall in the first instance within 24 hours constitute a sampling and analysis team made up of equal numbers of suitably qualified staff nominated by the Company and the Agency respectively (the "Joint Sampling And Analysis Team"). The Joint Sampling And Analysis Team shall together immediately take samples for testing at the laboratories used by the Company and the Agency for the analysis of Treated Water for the Critical or Non-Critical Parameters whose concentration in Treated Water is contested. The Joint Sampling and Testing Team or its representatives shall jointly certify the validity and accuracy of the results obtained or shall in writing describe the shortcomings in equipment or procedures that shall have given them cause to refuse such certification and shall have the right to undertake or witness the analysis of the samples at each laboratory.

In the event that the two results obtained by the Joint Sampling And Analysis Team are both certified and in agreement that the concentration of the Critical or Non-Critical Treated Water Parameter asserted by the Agency to have exceeded its maximum permitted value has or has not exceeded its maximum permitted value then this result shall be binding on both the Company and the Agency and the applicable terms of this Agreement shall apply. Otherwise the Company and the Agency shall either agree to request the Joint Sampling And Analysis Team to take and analyze two additional samples or the dissenting party shall invoke and bear the cost of the procedure for Independent Sampling And Testing specified in Section G.3.4.