Common use of Level of Delivery and Level of Lifting Clause in Contracts

Level of Delivery and Level of Lifting. 5.7.1 The Level of Delivery with respect to a Year shall be calculated in the form of percentage as per the following formula: Level of Delivery (LD) = (DQ+DDQ+FM+RF) X 100 Where: LD = Level of Delivery of the Contracted Grade of Coal by the Seller for the Year. DQ = Delivered Quantity, namely, aggregate of actual quantities of the Contracted Grade of Coal delivered by the Seller for the Year. DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 5.9. FM = Proportionate quantity of the Contracted Grade of Coal which could not be delivered by the Seller for a Year due to occurrence of a Force Majeure Act affecting the Seller and / or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure Act 365 Note: For the purpose of calculation of ‘Number of days lost under applicable Force Majeure Act’, the period affecting both the Parties shall be counted only once. RF = Quantity of the Contracted Grade of Coal that could not be supplied by the Seller for the Year owing to the Railways not allotting wagons or not placing allotted wagons for loading within 180 days of allotment, in spite of specific valid indent/offer submitted by the Seller to the railways against valid program(s) submitted by the Purchaser for the purpose.

Level of Delivery and Level of Lifting. 5.7.1 The Level of Delivery with respect to a Year shall be calculated in the form of percentage as per the following formula: Level of Delivery (LD) = (DQ+DDQ+FM+RF) X 100 ACQ Where: LD = Level of Delivery of the Contracted Grade of Coal by the Seller for the Year. DQ = Delivered Quantity, namely, aggregate of actual quantities of the Contracted Grade of Coal delivered by the Seller for the Year. DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 5.9. FM = Proportionate quantity of the Contracted Grade of Coal which could not be delivered by the Seller for a Year due to occurrence of a Force Majeure Act affecting the Seller and / or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure Act 365 Note: For the purpose of calculation of ‘Number of days lost under applicable Force Majeure Act’, the period affecting both the Parties shall be counted only once. RF = Quantity of the Contracted Grade of Coal that could not be supplied by the Seller for the Year owing to the Railways not allotting wagons or not placing allotted wagons for loading within 180 days of allotment, in spite of specific valid indent/offer submitted by the Seller to the railways against valid program(s) submitted by the Purchaser for the purpose.

Level of Delivery and Level of Lifting. 5.7.1 5.6.1 The Level of Delivery with respect to a Year shall be calculated in the form of percentage as per the following formula: Level of Delivery (LD) = (DQ+DDQ+FM+RF) X 100 ACQ Where: LD = Level of Delivery of the Contracted Grade of Coal by the Seller for the Year. DQ = Delivered Quantity, namely, aggregate of actual quantities of the Contracted Grade of Coal delivered by the Seller for the Year. DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 5.95.8. FM = Proportionate quantity of the Contracted Grade of Coal which could not be delivered by the Seller for a Year due to occurrence of a Force Majeure Act affecting the Seller and / or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure Act 365 Note: For the purpose of calculation of ‘Number of days lost under applicable Force Majeure Act’, the period affecting both the Parties shall be counted only once. RF = Quantity of the Contracted Grade of Coal that could not be supplied by the Seller for the Year owing to the Railways not allotting wagons or not placing allotted wagons for loading within 180 days of allotmentloading, in spite of specific valid indent/offer submitted by the Seller to the railways against valid program(s) submitted by the Purchaser for the purpose.

Level of Delivery and Level of Lifting. 5.7.1 5.6.1 The Level of Delivery with respect to a Year shall be calculated in the form of percentage as per the following formula: Level of Delivery (LD) = (DQ+DDQ+FM+RF) X 100 ACQ Where: LD = Level of Delivery of the Contracted Grade of Coal by the Seller for the Year. DQ = Delivered Quantity, namely, aggregate of actual quantities of the Contracted Grade of Coal delivered by the Seller for the Year. DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 5.95.8. FM = Proportionate quantity of the Contracted Grade of Coal which could not be delivered by the Seller for a Year due to occurrence of a Force Majeure Act affecting the Seller and / or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure Act 365 Note: For the purpose of calculation of ‘Number ‗Number of days lost under applicable Force Majeure Act’‘, the period affecting both the Parties shall be counted only once. RF = Quantity of the Contracted Grade of Coal that could not be supplied by the Seller for the Year owing to the Railways not allotting wagons or not placing allotted wagons for loading within 180 days of allotmentloading, in spite of specific valid indent/offer submitted by the Seller to the railways against valid program(s) submitted by the Purchaser for the purpose.

Level of Delivery and Level of Lifting. 5.7.1 5.6.1 The Level of Delivery with respect to a Year shall be calculated in the form of percentage as per the following formula: Level of Delivery (LD) = (DQ+DDQ+FM+RF) X 100 Where: LD = Level of Delivery of the Contracted Grade of Coal by the Seller for the Year. DQ = Delivered Quantity, namely, aggregate of actual quantities of the Contracted Grade of Coal delivered by the Seller for the Year. DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 5.95.8. FM = Proportionate quantity of the Contracted Grade of Coal which could not be delivered by the Seller for a Year due to occurrence of a Force Majeure Act affecting the Seller and / or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure Act 365 Note: For the purpose of calculation of ‘Number of days lost under applicable Force Majeure Act’, the period affecting both the Parties shall be counted only once. RF = Quantity of the Contracted Grade of Coal that could not be supplied by the Seller for the Year owing to the Railways not allotting wagons or not placing allotted wagons for loading within 180 days of allotmentloading, in spite of specific valid indent/offer submitted by the Seller to the railways against valid program(s) submitted by the Purchaser for the purpose.

Level of Delivery and Level of Lifting. 5.7.1 6.7.1 The “Level of Delivery Delivery” with respect to a Year shall be calculated in the form of percentage as per the following formula: formula:‌ Level of Delivery (LD) = (DQ+DDQ+FM+RF) X 100 ACQ Where: LD = Level of Delivery of the Contracted Grade of Coal by the Seller for the Year. DQ = Delivered Quantity, namely, aggregate of actual quantities of the Contracted Grade of Coal delivered by the Seller for the Year. DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 5.96.9. FM = Proportionate quantity of the Contracted Grade of Coal which could not be delivered by the Seller for a Year due to occurrence of a Force Majeure Act affecting the Seller and / or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure Act 365 Note: For the purpose of calculation of ‘“Number of days lost under applicable Force Majeure Act’”, the period affecting both the Parties shall be counted only once. RF = Quantity of the Contracted Grade of Coal that could not be supplied by the Seller for the Year owing to the Railways not allotting wagons or not placing allotted wagons for loading within 180 one hundred and eighty (180) days of allotment, in spite of specific valid indent/offer submitted by the Seller to the railways against valid program(s) submitted by the Purchaser for the purpose.