Common use of Annual Contracted Quantity (ACQ) Clause in Contracts

Annual Contracted Quantity (ACQ). 3.1.1 The Annual Contracted Quantity of Coal agreed to be supplied by the Seller and undertaken to be purchased till the normative date of production by the Purchaser, shall be lakh tonnes per Year from the Seller’s mines and/ or through import as per Schedule I. After the Normative Date of production or the actual date of production, whichever is earlierthe ACQ shall taper to 75% of the ACQ in the first 12 months (1st year), then to 50% of the ACQ in the next 12 months (2nd year) and 25% of the ACQ in the next 12 months (3rd year) i.e the last year of the tapering linkage period, subject to the ceiling of quantities approved by ministry of coal/ coal controller’s organisation as mentioned in Annexure-A and Schedule-I. For part of Year, during the above period the ACQ shall be prorated accordingly. The ACQ shall be in the proportion of the percentage of Generation covered under long term Power Purchase Agreement(s) executed by the Purchaser with the DISCOMs . Whenever, there is any change in the percentage of PPA(s), corresponding change in ACQ shall be effected through a side agreement. Such changes shall be allowed to be made only once in a year and shall be made effective only from the beginning of the next quarter. However, in no case ACQ should exceed the LOA quantity subject to ceiling of quantity entitled during the tapering period. 3.1.2 The Purchaser shall in advance under the Schedule I provide firm annual coal requirement for the initial years required for phasing of the Power Plant after the completion of Build-Up Period, quantities subject to maximum of Annual Contract Quantity mentioned under Clause 3. 1.1. Such quantities shall be considered binding and deemed to be Annual Contract Quantities for the respective years and be used for provisions under this Agreement. 3.1.3 It is expressly clarified that the Annual Contracted Quantity (ACQ) shall be valid for each Power Station (EUP) separately, as mentioned in Schedule I, and all the provisions of this Agreement related to ACQ shall be applicable mutatis mutandis.

Annual Contracted Quantity (ACQ). 3.1.1 The Annual Contracted Quantity of Coal agreed to be supplied by the Seller and undertaken to be purchased till the normative date of production by the Purchaser, shall be lakh tonnes per Year from the Seller’s mines and/ or through import and/or from import, as per Schedule I. After the Normative Date of production or the actual date of production, whichever is earlierthe ACQ shall taper to 75% of the ACQ in the first 12 months (1st year), then to 50% of the ACQ in the next 12 months (2nd year) and 25% of the ACQ in the next 12 months (3rd year) i.e the last year of the tapering linkage period, subject to the ceiling of quantities approved by ministry of coal/ coal controller’s organisation as mentioned in Annexure-A and Schedule-I. For part of Year, during the above period the ACQ shall be prorated accordingly. The ACQ shall be in the proportion of the percentage of Generation covered under long term Power Purchase Agreement(s) executed by the Purchaser with the DISCOMs either directly or through PTC(s) who has/have signed back to back long term PPA(s) with DISCOMs. Whenever, there is any change in the percentage of PPA(s), corresponding change in ACQ shall be effected through a side agreement. Such changes shall be allowed to be made only once in a year and shall be made effective only from the beginning of the next quarter. However, in no case ACQ should exceed the LOA quantity subject to ceiling of quantity entitled during the tapering periodas mentioned in Schedule-I (*). 3.1.2 The Purchaser shall in advance under the Schedule I provide firm annual coal requirement for the initial years required for phasing of the Power Plant after the completion of Build-Build- Up Period, quantities subject to maximum of Annual Contract Quantity mentioned under Clause 33.1. 1.11. Such quantities shall be considered binding and deemed to be Annual Contract Quantities for the respective years and be used for provisions under this Agreement. 3.1.3 It is expressly clarified that the Annual Contracted Quantity (ACQ) shall be valid for each Power Station (EUP) separately, as mentioned in Schedule I, and all the provisions of this Agreement related to ACQ shall be applicable mutatis mutandis.

Annual Contracted Quantity (ACQ). 3.1.1 The Annual Contracted Quantity of Coal agreed to be supplied by the Seller and undertaken to be purchased till the normative date of production by the Purchaser, shall be lakh tonnes per Year from the Seller’s mines and/ or through import from import., as per Schedule I. After the Normative Date of production or the actual date of production, whichever is earlierthe ACQ shall taper to 75% of the ACQ in the first 12 months (1st year), then to 50% of the ACQ in the next 12 months (2nd year) and 25% of the ACQ in the next 12 months (3rd year) i.e the last year of the tapering linkage period, subject to the ceiling of quantities approved by ministry of coal/ coal controller’s organisation as mentioned in Annexure-A and Schedule-I. For part of Year, during the above period the ACQ shall be prorated accordingly. The ACQ shall be in the proportion of the percentage of Generation covered under long term Power Purchase Agreement(s) executed by the Purchaser with the DISCOMs either directly or through PTC(s) who has/have signed back to back long term PPA(s) with DISCOMs . Whenever, there is any change in the percentage of PPA(s), corresponding change in ACQ shall be effected through a side agreement. Such changes shall be allowed to be made only once in a year and shall be made effective only from the beginning of the next quarter. However, in no case ACQ should exceed the LOA quantity subject to ceiling of quantity entitled during the tapering period.as mentioned in Schedule-I. 3.1.2 The Purchaser shall in advance under the Schedule I provide firm annual coal requirement for the initial years required for phasing of the Power Plant after the completion of Build-Up Period, quantities subject to maximum of Annual Contract Quantity mentioned under Clause 3. 1.1. Such quantities shall be considered binding and deemed to be Annual Contract Quantities for the respective years and be used for provisions under this Agreement. 3.1.3 It is expressly clarified that the Annual Contracted Quantity (ACQ) shall be valid for each Power Station (EUP) separately, as mentioned in Schedule I, and all the provisions of this Agreement related to ACQ shall be applicable mutatis mutandis.

Annual Contracted Quantity (ACQ). 3.1.1 The Annual Contracted Quantity of Coal agreed to be supplied by the Seller and undertaken to be purchased till the normative date of production by the Purchaser, shall be lakh be___________ tonnes per Year from the Seller’s mines and/ or through import and/or from import, as per Schedule I. After the Normative Date of production or the actual date of production, whichever is earlierthe ACQ shall taper to 75% of the ACQ in the first 12 months (1st year), then to 50% of the ACQ in the next 12 months (2nd year) and 25% of the ACQ in the next 12 months (3rd year) i.e the last year of the tapering linkage period, subject to the ceiling of quantities approved by ministry of coal/ coal controller’s organisation as mentioned in Annexure-A and Schedule-I. For part of Year, during the above period the ACQ shall be prorated accordingly. The ACQ shall be in the proportion of the percentage of Generation covered under long term Power Purchase Agreement(s) executed by the Purchaser with the DISCOMs either directly or through PTC(s) who has/have signed back to back long term PPA(s) with DISCOMs. Whenever, there is any change in the percentage of PPA(s), corresponding change in ACQ shall be effected through a side agreement. Such changes shall be allowed to be made only once in a year and shall be made effective only from the beginning of the next quarter. However, in no case ACQ should exceed the LOA quantity subject to ceiling of quantity entitled during the tapering period.as mentioned in Schedule-I. 1- CIL/CMO/47252 (New Pol)/37 dt 17.4.14 3.1.2 The Purchaser shall in advance under the Schedule I provide firm annual coal requirement for the initial years required for phasing of the Power Plant after the completion of Build-Up Period, quantities subject to maximum of Annual Contract Quantity mentioned under Clause 3. 1.1. Such quantities shall be considered binding and deemed to be Annual Contract Quantities for the respective years and be used for provisions under this Agreement. 3.1.3 It is expressly clarified that the Annual Contracted Quantity (ACQ) shall be valid for each Power Station (EUP) separately, as mentioned in Schedule I, and all the provisions of this Agreement related to ACQ shall be applicable mutatis mutandis.