Damages for shortfall non-compliance in Service Level Standards
Damages for shortfall. 21.5.1 Upon COD, in the event the excavated/extracted Coal in any Accounting Year (“Actual Production”) for each method of mining is less than the corresponding Annual Capacity for such Accounting Year, other than where such shortfall arises directly on account of (a) Force Majeure; or (b) a default of the Authority; or (c) non-performance pursuant to Clause 16.13, the Mine Operator shall be liable to pay the following amounts as Damages for the shortfall in Actual Production of Coal, as indicated below. It is clarified that in respect of the Accounting Year during which the COD or the Transfer Date occurs, the shortfall will be determined with respect to the Actual Production during the number of months in such Accounting Year subsequent to the COD or prior to the Transfer Date (as applicable) and the Annual Capacity for such Accounting Year shall be pro-rated for the number of months in such Accounting Year. Actual Production expressed as a percentage of Annual Production Programme Damages to be paid by the Mine Operator for each method of mining 100 % to 90 % Nil Less than 90% Amount equivalent to the revenue loss of the Authority (on prevailing coal price as per National Coal Index of coal of similar grade) for the ‘production shortfall from 90% of Annual Production Programme’ (i.e. difference between 90% of the Annual Production Programme and the actual Production)
Damages for shortfall. 20.4.1. In the event of the monthly MIC production is less than the corresponding Actual Quarter Capacity for such Accounting Year, other than where such shortfall arises directly on account of (a) Force Majeure; or (b) a default of the HCL; the MDO shall be liable to pay the following amounts as Damages for the shortfall in Actual Quarterly Production of MIC, as indicated below.
Damages for shortfall. 21.5.1 Upon COD, in the event the extracted and Delivered Coal in any Accounting Year (“Actual Production”) is less than the Annual Capacity for such Accounting Year, other than where such shortfall arises directly on account of (i) Force Majeure; or
Damages for shortfall. 21.5.1 Upon COD, in the event the excavated and Delivered Coal in any Accounting Year (“Actual Production”) is less than the Annual Capacity for such Accounting Year, other than where such shortfall arises directly on account of (i) Force Majeure; or (ii) a default of the Authority; or (iii) non-Delivery of Coal pursuant to Clause 16.13, the Mine Operator shall be liable to pay the following amounts as Damages for the shortfall in Actual Production of Coal, as indicated below. It is clarified that in respect of the Accounting Year during which the COD or the Transfer Date occurs, the shortfall will be determined with respect to the Actual Production during the number of months in such Accounting Year subsequent to the COD or prior to the Transfer Date (as applicable) and the Annual Capacity for such Accounting Year shall be pro rated for the number of months in such Accounting Year. Shortfall in Actual Production expressed as a percentage of Annual Production Programme Damages to be paid by the Mine Operator 100% to 90% Nil 90% to 80% 10% of Mining Charge multiplied by the difference between the Actual Production and 90% of the Annual Production Programme. 80% to 70% (a) 10% of Mining Charge multiplied by 10% of the Annual Production Programme (being the difference between 90% and 80% of the Annual Production Programme); and (b) 20% of Mining Charge multiplied by the difference between Actual Production and 80% of the Annual Production Programme. 70% to 50% (a) 10% of Mining Charge multiplied by 10% of the Annual Production Programme (being the difference between 90% and 80% of the Annual Production Programme); (b) 20% of Mining Charge multiplied by 10% of the Annual Production Programme (being the difference between 80% and 70% of the Annual Production Programme); and (c) 30% of Mining Charge multiplied by the difference between Actual Production and 70% of the Annual Production Programme. In addition, the Agreement will be reviewed by a review committee duly constituted by the Authority which may consider termination of the Agreement if the shortfall in Actual Production is for reasons attributable to the Mine Operator. Shortfall in Actual Production expressed as a percentage of Annual Production Programme Damages to be paid by the Mine Operator Less than 50% (a) 10% of Mining Charge multiplied by 10% of the Annual Production Programme (being the difference between 90% and 80% of the Annual Production Programme); (b) 20% of Mining Charge multiplied by 10...
Damages for shortfall
