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 as listed in [(*) Name & location of the plant] as listed in Schedule I. The Purchaser shall not sell/divert and/or transfer the Coal to any third party for any purpose whatsoever and the same shall be treated as material breach of 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 14.1(b). However, interplant transfer of coal1 may be considered provided: a) Transfer of coal shall be allowed only between the power plants wholly owned by the Purchaser, its holding company, its wholly owned subsidiary or its fellow subsidiary companies wholly owned by the purchaser’s common holding company. No transfer of coal shall be allowed for a Joint Venture (JV) company of the Purchaser. The supply of coal, shall for all commercial purpose under FSA remain unchanged and on account of original Power Plant. b) Both the Power Plants should have executed FSA with coal companies of CIL in pre NCDP, existing FSA model or modified FSA Model applicable for new power plants and not having any supplies linked to coal blocks. In case of IPPs both the plants must have valid long term PPAs with DISCOMs. Such transfer shall, however, not be applicable for coal quantity supplies pursuant to the FSA signed under category B(ii) of SHAKTI Policy. c) Transfer of coal will not be allowed to those plants who are allotted coal blocks under this arrangement d) In case of change in the ownership and no environmental clearance of the plant this facility shall stand withdrawn, and e) Penalty/Incentive under this arrangement would be considered in terms of (a) above.

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 meant for use as listed in [(*) Name at the [ name & location of the plantPlant(s)] as listed in Schedule I. The Purchaser shall not sell/divert and/or transfer the Coal to any third party for any purpose whatsoever and the same shall be treated as material breach of 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 14.1(b)Seller. However, interplant transfer of coal1 coal may be considered provided: a) Transfer of coal shall be allowed only between the power plants wholly owned by the Purchaser, its holding company, Purchaser or its wholly owned subsidiary or its fellow subsidiary companies wholly owned by the purchaser’s common holding companysubsidiary. No transfer of coal shall be allowed for a Joint Venture (JV) company of the Purchaser. The supply of coal, shall for all commercial purpose under the FSA remain unchanged and on account of the original Power Plant. b) Both the Power Plants should have executed FSA with coal companies of CIL in pre NCDP, existing FSA model or the modified FSA Model applicable for new power plants and not having any supplies linked to coal blocks. In case of IPPs both the plants must have valid long term PPAs with DISCOMs. Such transfer shall, however, not be applicable for coal quantity supplies pursuant to the FSA signed under category B(ii) of SHAKTI PolicyDISCOMS. c) In no case the transferred quantity to a plant together with the quantity supplied under the applicable FSA shall exceed the ACQ of the transferee Plant for a particular year which is proportional to the long term PPA with DISCOMS. d) Transfer of coal will not be allowed to those plants who are allotted coal blocks under this arrangement. de) In case of change in the ownership and no environmental clearance of the plant this facility shall stand withdrawn, and ef) Penalty/Incentive under this arrangement would be considered in terms of (a) above.

Appears in 1 contract

Samples: Coal Supply Agreement

End-use of Coal. The total quantity of Coal supplied pursuant to this Agreement is meant for use as listed in at the [(*) Name [•] name & location of the plantPlant(s)] as listed in Schedule I. The Purchaser shall not sell/divert and/or transfer the Coal to any third party for any purpose whatsoever and the same shall be treated as material breach of 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 14.1(b). However, interplant transfer of coal1 coal may be considered provided: a) Transfer of coal shall be allowed only between the power plants wholly owned by the Purchaser, its holding company, Purchaser or its wholly owned subsidiary or its fellow subsidiary companies wholly owned by the purchaser’s common holding companysubsidiary. No transfer of coal shall be allowed for a Joint Venture (JV) company of the Purchaser. The supply of coal, shall for all commercial purpose under the FSA remain unchanged and on account of the original Power Plant. b) Both the Power Plants should have executed FSA with coal companies of CIL in pre NCDP, existing FSA model or the modified FSA Model applicable for new power plants and not having any supplies linked to coal blocks. In case of IPPs both the plants must have valid long term PPAs with DISCOMs. Such transfer shall, however, not be applicable for coal quantity supplies pursuant to the FSA signed under category B(ii) of SHAKTI PolicyDISCOMS. c) In no case the transferred quantity to a plant together with the quantity supplied under the applicable FSA shall exceed the ACQ of the transferee Plant for a particular year which is proportional to the long term PPA with DISCOMS. d) Transfer of coal will not be allowed to those plants who are allotted coal blocks under this arrangement. de) In case of change in the ownership and no environmental clearance of the plant this facility shall stand withdrawn, and ef) Penalty/Incentive under this arrangement would be considered in terms of (a) above.

Appears in 1 contract

Samples: Modified Model Fuel Supply Agreement

End-use of Coal. The total quantity of Coal supplied pursuant to this Agreement is meant for use as listed in [(*) Name & location of at the plant] ______________as listed in Schedule I. The Purchaser shall not sell/divert and/or transfer the Coal to any third party for any purpose whatsoever and the same shall be treated as material breach of 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 14.1(b). However, interplant transfer of coal1 may be considered provided: a) : Transfer of coal shall be allowed only between the power plants wholly owned by the Purchaser, its holding company, its wholly owned subsidiary or its fellow subsidiary companies wholly owned by the purchaser’s common holding company. No transfer of coal shall be allowed for a Joint Venture (JV) company of the Purchaser. The supply of coal, shall for all commercial purpose under FSA remain unchanged and on account of original Power Plant. b) Both the . The Power Plants should have who executed FSA with coal companies of CIL in pre Pre-NCDP, existing FSA model or modified FSA Model model, applicable for new power plants under NCDP-LOA route and not having any supplies linked to coal blocksblocks are allowed for interplant transfer of coal. In case of IPPs IPPs, both the plants must have valid long term PPAs with DISCOMs. Interplant transfer of coal shall also be allowed from Pre-NCDP/NCDP-LOA route FSAs to SHAKTI B(ii) FSA plants subject to satisfying eligibility criteria. Such transfer shall, however, not be applicable for coal quantity quantities supplies pursuant to from the FSA signed under category B(ii) of SHAKTI Policy. c) policy to any other FSA. Transfer of coal will not be allowed to those plants plant who are allotted coal blocks under this arrangement d) arrangement In case of change in the ownership and no environmental clearance of the plant this facility shall stand withdrawn, and e) and Penalty/Incentive under this arrangement would be considered in terms of (a) above. 1- Letters no. CIL/CMO/S&M/47252(New Pol)/445 dated 19/06/13, CIL/S&M/47252(New Pol)/1117 dated 05.10.16, CIL/M&S/New Pol/03/1690 dated 26/27.11.2019, CIL/DM/Secy/1940 dated 27.06.

Appears in 1 contract

Samples: Coal Supply Agreement

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End-use of Coal. The total quantity of Coal supplied pursuant to this Agreement is meant for use as listed in [(*) Name & location of the plant] as listed in Schedule I. The Purchaser shall not sell/divert and/or transfer the Coal to any third party for any purpose whatsoever and the same shall be treated as material breach of 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 14.1(b). However, interplant transfer of coal1 may be considered provided: a) Transfer of coal shall be allowed only between the power plants wholly owned by the Purchaser, its holding company, its wholly owned subsidiary or its fellow subsidiary companies wholly owned by the purchaser’s common holding company. No transfer of coal shall be allowed for a Joint Venture (JV) company of the Purchaser. The supply of coal, shall for all commercial purpose under FSA remain unchanged and on account of original Power Plant. b) Both the Power Plants should have executed FSA with coal companies of CIL in pre NCDP, existing FSA model or modified FSA Model applicable for new power plants and not having any supplies linked to coal blocks. In case of IPPs both the plants must have valid long term PPAs with DISCOMs. Such transfer shall, however, not be applicable for coal quantity supplies pursuant to the FSA signed under category B(ii) of SHAKTI Policy. c) Transfer of coal will not be allowed to those plants who are allotted coal blocks under this arrangement d) In case of change in the ownership and no environmental clearance of the plant this facility shall stand withdrawn, and e) Penalty/Incentive under this arrangement would be considered in terms of (a) above. 1- Letters no. CIL/CMO/S&M/47252(New Pol)/445 dated 19/06/13, CIL/S&M/47252(New Pol)/1117 dated 05.10.16, CIL/M&S/New Pol/03/1690 dated 26/27.11.2019, CIL/DM/Secy/1940 dated 27.06.2020, CIL/M&S/Power/232 dated 19.05.2022

Appears in 1 contract

Samples: Coal Supply Agreement

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