Common use of End-use of Coal Clause in Contracts

End-use of Coal. The total quantity of Coal supplied pursuant to this Agreement is meant for use at the [ name & location of the Plant(s)] as listed in Schedule-I. the Purchaser shall not sell/divert and/or transfer the Coal for any purpose whatsoever and the same shall be treated as material breach of Agreement. In the event that the Purchaser engages or plans to engage into any such resale or trade, the Seller shall terminate this Agreement forthwith without any liabilities or damages, whatsoever, payable to the Purchaser. It is expressly clarified that the Seller shall reserve the right to verify including the right to inspect/ call for any document from the Purchaser and physically verify the end-use of Coal and satisfy itself of its authenticity. The Purchaser shall have the obligation to comply with the Seller’s directions/ extend full co-operation in carrying out such verification/ inspection. (a) The Purchaser shall have the right by serving a written notice at least one (1) month prior to the commencement of a quarter, to revise the Quarterly Quantity (QQ) to be supplied by the Seller in that quarter, provided that in such revision the increase/ decrease shall not be in excess of 10% of the QQ. However, in respect of the 2nd quarter of a Year, namely, July to September, the Purchaser shall not have the right to increase the QQ. The sum total of QQ including any revision allowed hereof shall not exceed the ACQ. (b) Seller shall have the right to make good the short supplies of a quarter in the succeeding quarter, to the extent of 10% of the QQ. (c) Seller shall supply Coal from sources as mentioned in the Schedule I. In case the Seller is not in a position to supply the Scheduled Quantity (SQ) of Coal from such sources as indicated in Schedule I, the Seller shall have the option to supply the balance quantity of Coal from alternate source, including Imported Coal. Further, in case of alternate sources, the Purchaser shall accept Coal directly from such alternate sources through Indian railway system and / or by alternate modes of transport depending upon operational flexibility and at such Delivery Point, as decided by the Seller. Additional cost due to supply through alternate source including the inland logistics cost of Imported Coal shall be borne by the Purchaser.

End-use of Coal. The total quantity of the coking/non-coking coal(delete whichever is not applicable) Coal/Contracted Grade of Coal supplied pursuant to this Agreement is meant for use at shall only be utilized in the [ name & location of the Plant(s)] as listed in Schedule-I. the Specified End Use Plant. The Purchaser shall not sell/, divert and/or transfer the Coal/ Contracted Grade of Coal for any purpose whatsoever and the same any such sale, diversion and/ or transfer shall be treated as material breach of Agreement. In the event that the Purchaser engages or plans to engage into in any such resale sale, diversion, transfer and/ or tradetrade of Coal/ Contracted Grade of Coal, the Seller shall shall, after giving the Purchaser a due opportunity of being heard on the matter, be entitled to terminate this Agreement forthwith without any liabilities or damages, whatsoever, damages whatsoever payable to the Purchaser. It is expressly clarified that the Seller shall reserve the right to verify including the right to inspect/ call for any document document(s) from the Purchaser and physically to verify the end-use of the Coal/ Contracted Grade of Coal and satisfy itself of its authenticitythe accuracy of the contents thereof. The Purchaser shall have the obligation to comply with the Seller’s directions/ directions and shall extend full co-operation to the Seller in carrying out such verification/ inspection. (a) The Purchaser shall have verification. For the right by serving a written notice at least one (1) month prior to the commencement of a quarter, to revise the Quarterly Quantity (QQ) to be supplied by the Seller in that quarter, provided that in such revision the increase/ decrease shall not be in excess of 10% purpose of the QQ. However, in respect of the 2nd quarter of a Year, namely, July to September, the Purchaser shall not have the right to increase the QQ. The sum total of QQ including any revision allowed hereof shall not exceed the ACQ. (b) Seller shall have the right to make good the short supplies of a quarter in the succeeding quarter, to the extent of 10% of the QQ. (c) Seller shall supply Coal from sources as mentioned in the Schedule I. In case the Seller is not in a position to supply the Scheduled Quantity (SQ) of Coal from such sources as indicated in Schedule Iaforesaid verification, the Seller shall have may also rely on certification(s) from erstwhile sponsoring authorities viz. the option District Industries Centre, Director of Industries or any other Department as may be nominated by relevant State Governments for determining the existence and status of operation of the Specified End Use Plant. Without prejudice to supply the balance quantity above rights of Coal from alternate source, including Imported Coal. Furtherthe Seller, in case of alternate sourcesspecific complaints regarding non-utilization of Coal in accordance with this Agreement, such complaints may be referred to the Purchaser shall accept Coal directly from such alternate sources through Indian railway system and / relevant department(s) or by alternate modes of transport depending upon operational flexibility and at such Delivery Point, as decided by the Seller. Additional cost due to supply through alternate source including the inland logistics cost of Imported Coal shall be borne by the Purchaseragencies for suitable action.

End-use of Coal. The total quantity of Coal supplied pursuant to this Agreement is meant for use at the [ name & location of the Plant(s)] as listed in Schedule-I. the Purchaser shall not sell/divert and/or transfer the Coal for any purpose whatsoever and the same shall be treated as material breach of Agreement. In the event that the Purchaser engages or plans to engage into any such resale or trade, the Seller shall terminate this Agreement forthwith without any liabilities or damages, whatsoever, payable to the Purchaser. It is expressly clarified that the Seller shall reserve the right to verify including the right to inspect/ call for any document from the Purchaser and physically verify the end-use of Coal and satisfy itself of its authenticity. The Purchaser shall have the obligation to comply with the Seller’s directions/ extend full co-operation in carrying out such verification/ inspection. (a) The Purchaser shall Purchasershall have the right by serving a rightby servinga written notice at least one one (1) month prior to the commencement of a quarter, to revise the Quarterly Quantity (QQ) to be supplied by the Seller in that quarter, provided that in such revision the increase/ decrease shall not be in excess of 10% of the QQ. However, in respect of the 2nd quarter of a Year, namely, July to September, the Purchaser shall not have the right to increase the QQ. The sum total of QQ including any revision allowed hereof shall not exceed the ACQ. (b) Seller shall have the right to make good the short supplies of a quarter in the succeeding quarter, to the extent of 10% of the QQ. (c) Seller shall supply Coal from sources as mentioned in the Schedule I. In case the Seller is not in a position to supply the Scheduled Quantity (SQ) of Coal from such sources as indicated in Schedule I, the Seller shall have the option to supply the balance quantity of Coal from alternate source, including Imported Coal. Further, in case of alternate sources, the Purchaser shall accept Coal directly from such alternate sources through Indian railway system and / or by alternate modes of transport depending upon operational flexibility and at such Delivery Point, as decided by the Seller. Additional cost due to supply through alternate source including the inland logistics cost of Imported Coal shall be borne by the Purchaser.