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 strictly meant for use and FRQVXPSWLRQ E\ WKH >>‡@ QDPH DQSGC HEODRULFEDI, WLRQ R for the purpose of generation and supply of power only to the Utility with which it has executed the PPA. It is expressly clarified that the Coal supplied pursuant to this Agreement shall not be utilized for sale of power to any third parties. The Annual Contracted Quantity shall be used in the Power Station only for the Contracted Capacity with DISCOM under the PPA for which the Power Station has been allowed Coal Linkage. The Purchaser shall not sell, divert and/or transfer the Coal for any purpose whatsoever.. Any violation of this Clause shall be treated as a material breach of this Agreement, for which the Purchaser shall be fully responsible and such act shall warrant suspension of Coal supplies by the Seller in terms of Clause 15.1.2 and forfeiture of Contract Performance Guarantee. The Purchaser shall submit to the Seller, on an annual basis, an affidavit in relation to coal utilization as per the format placed at SCHEDULE X, duly endorsed by the DISCOM, within one month of the close of the previous financial year. In the event, the Purchaser fails to submit the coal utilization affidavit within the specified timelines, or any extended timelines, if any, the Seller shall have the right to forfeit the Contract Performance Guarantee and terminate this Agreement.

Appears in 1 contract

Samples: Supply Agreement

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End-use of Coal. The total quantity of Coal supplied pursuant to this Agreement is strictly meant for use and FRQVXPSWLRQ E\ WKH >>‡@ QDPH DQSGC HEODRULFEDIconsumption by the [[•] name and location of the Power Station] as listed in SCHEDULE I, WLRQ R for the purpose of generation and supply of power only to the Utility with which it has executed the PPA. It is expressly clarified that the Coal supplied pursuant to this Agreement shall not be utilized for sale of power to any third parties. The Annual Contracted Quantity shall be used in the Power Station only for the Contracted Capacity with the DISCOM under the PPA for which the Power Station has been allowed Coal Linkage. The Purchaser shall not sell, divert and/or transfer the Coal for any purpose whatsoever.. . Any violation of this Clause shall be treated as a material breach of this Agreement, for which the Purchaser shall be fully responsible and such act shall warrant suspension of Coal supplies by the Seller in terms of Clause 15.1.2 and forfeiture of Contract Performance Guarantee. The Purchaser shall submit to the Seller, on an annual basis, an affidavit in relation to coal utilization as per the format placed at SCHEDULE X, duly endorsed by the DISCOM, within one month of the close of the previous financial year. In the event, the Purchaser fails to submit the coal utilization affidavit within the specified timelines, or any extended timelines, if any, the Seller shall have the right to forfeit the Contract Performance Guarantee and terminate this Agreement.Agreement.‌

Appears in 1 contract

Samples: Fuel Supply Agreement

End-use of Coal. The total quantity of Coal supplied pursuant to this Agreement is strictly meant for use and FRQVXPSWLRQ E\ WKH >>‡@ QDPH DQSGC HEODRULFEDIconsumption by the [[•] name and location of the Power Station] as listed in SCHEDULE I, WLRQ R for the purpose of generation and supply of power only to the Utility with which it has executed the PPA. It is expressly clarified that the Coal supplied pursuant to this Agreement shall not be utilized for sale of power to any third parties. The Annual Contracted Quantity shall be used in the Power Station only for the Contracted Capacity with the DISCOM under the PPA for which the Power Station has been allowed Coal Linkage. The Purchaser shall not sell, divert and/or transfer the Coal for any purpose whatsoever.. . Any violation of this Clause shall be treated as a material breach of this Agreement, for which the Purchaser shall be fully responsible and such act shall warrant suspension of Coal supplies by the Seller in terms of Clause 15.1.2 and forfeiture of Contract Performance Guarantee. The Purchaser shall submit to the Seller, on an annual basis, an affidavit in relation to coal utilization as per the format placed at SCHEDULE X, duly endorsed by the DISCOM, within one month of the close of the previous financial year. In the event, the Purchaser fails to submit the coal utilization affidavit within the specified timelines, or any extended timelines, if any, any,‌ the Seller shall have the right to forfeit the Contract Performance Guarantee and terminate this Agreement.

Appears in 1 contract

Samples: Fuel Supply Agreement

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End-use of Coal. The total quantity of Coal supplied pursuant to this Agreement is strictly meant for use and FRQVXPSWLRQ E\ WKH >>‡@ QDPH DQSGC HEODRULFEDIconsumption by the [[•] name and location of the Power Station] as listed in SCHEDULE I, WLRQ R for the purpose of generation and supply of power only to the Utility with which it has executed the PPA. It is expressly clarified that the Coal supplied pursuant to this Agreement shall not be utilized for sale of power to any third parties. The Annual Contracted Quantity shall be used in the Power Station only for the Contracted Capacity with DISCOM under the PPA for which the Power Station has been allowed Coal Linkage. The Purchaser shall not sell, divert and/or transfer the Coal for any purpose whatsoever.. Any violation of this Clause shall be treated as a material breach of this Agreement, for which the Purchaser shall be fully responsible and such act shall warrant suspension of Coal supplies by the Seller in terms of Clause 15.1.2 and forfeiture of Contract Performance Guarantee. The Purchaser shall submit to the Seller, on an annual basis, an affidavit in relation to coal utilization as per the format placed at SCHEDULE X, duly endorsed by the DISCOM, within one month of the close of the previous financial year. In the event, the Purchaser fails to submit the coal utilization affidavit within the specified timelines, or any extended timelines, if any, the Seller shall have the right to forfeit the Contract Performance Guarantee and terminate this Agreement.

Appears in 1 contract

Samples: Fuel Supply Agreement

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