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 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. 5.7.2 Level of Lifting with respect to a Year shall be calculated in the form of percentage as per the following formula: Level of Lifting (LL) = [(ACQ-FM) - DDQ] X 100 Where: ◦ LL = Level of Lifting of the Contracted Grade of Coal by the Purchaser 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 lifted by the Purchaser for a Year due to occurrence of a Force Majeure Act affecting the Seller and / or the Purchaser, calculated as under: • 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. • Non supply of rake by Railways within 180 days of allotment shall not be construed as failure on the part of the Purchaser

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 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. 5.7.2 Level of Lifting with respect to a Year shall be calculated in the form of percentage as per the following formula: Level of Lifting (LL) = [(ACQ-FM) - DDQ] X 100 Where: ◦ LL = Level of Lifting of the Contracted Grade of Coal by the Purchaser 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 lifted by the Purchaser for a Year due to occurrence of a Force Majeure Act affecting the Seller and / or the Purchaser, calculated as under: • 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. • Non supply of rake by Railways within 180 days of allotment shall not be construed as failure on the part of the Purchaser

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 Grade(s) of Coal delivered by the Seller for the YearYear or sale order quantity obtained by the Purchaser by paying advance amount, whichever is higher. DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 5.95.7. 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 Event affecting the Seller and / or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure Act 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.Event 365 5.7.2 5.6.2 Level of Lifting with respect to a Year shall be calculated in the form of percentage as per the following formula: Level of Lifting (LL) = [(ACQ-FMDQ+FM) - DDQ] X 100 x100 Where: ◦ LL = Level of Lifting of the Contracted Grade of Coal by the Purchaser for the Year. ◦ DQ = Delivery Quantity, Namely, Aggregate of actual quantities of the contracted grade(S) of coal delivered by the seller for the year or sale order quantity obtained by the purchaser by paying advance amount whichever is higher. 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 lifted by the Purchaser for a Year due to occurrence of a Force Majeure Act affecting the Seller and / or the Purchaser, calculated as under: • 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. • Non supply of rake by Railways within 180 days of allotment shall not be construed as failure on the part of the Purchaser5.7.

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 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. 5.7.2 5.6.2 Level of Lifting with respect to a Year shall be calculated in the form of percentage as per the following formula: Level of Lifting (LL) = [(ACQ-FM) - DDQ] X 100 Where: ◦ LL = Level of Lifting of the Contracted Grade of Coal by the Purchaser 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 lifted by the Purchaser for a Year due to occurrence of a Force Majeure Act affecting the Seller and / or the Purchaser, calculated as under: • For the purpose of calculation of ‘FM = ACQ x Number of days lost under applicable Force Majeure Act’, the period affecting both the Parties shall be counted only once. • Non supply of rake by Railways within 180 days of allotment shall not be construed as failure on the part of the Purchaser

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 Grade(s) of Coal delivered by the Seller for the YearYear or sale order quantity obtained by the Purchaser by paying advance amount, whichever is higher. DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 5.90. 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 Event affecting the Seller and / or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure Act 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.Event 365 5.7.2 5.6.2 Level of Lifting with respect to a Year shall be calculated in the form of percentage as per er the following formula: Level of Lifting (LL) = [(ACQ-FM) - DDQ] X 100 DQ+FM)-DDQx100 Where: ◦ LL = Level of Lifting of the Contracted Grade of Coal by the Purchaser for the Year. ◦ DQ= Delivey Quantity, Namely, Agrigate of actual quantities of the contracted grade(S) of coal delivered by the seller for the year or sale order quantity obtained by the purchaser by paying advance amount which ever is higher. 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 lifted by the Purchaser for a Year due to occurrence of a Force Majeure Act affecting the Seller and / or the Purchaser, calculated as under: • 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. • Non supply of rake by Railways within 180 days of allotment shall not be construed as failure on the part of the Purchaser0.

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 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. 5.7.2 5.6.2 Level of Lifting with respect to a Year shall be calculated in the form of percentage as per the following formula: Level of Lifting (LL) = [(ACQ-FM) - DDQ] X 100 Where: ◦ LL = Level of Lifting of the Contracted Grade of Coal by the Purchaser 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 lifted by the Purchaser for a Year due to occurrence of a Force Majeure Act affecting the Seller and / or the Purchaser, calculated as under: • For the purpose of calculation of ‘FM = ACQ x Number of days lost under applicable Force Majeure Act’, the period affecting both the Parties shall be counted only once. • Non supply of rake by Railways within 180 days of allotment shall not be construed as failure on the part of the Purchaser

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: Level of Delivery (LD) = (DQ+DDQ+FM+RF) X 100 formula:‌ 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. 5.7.2 6.7.2 The “Level of Lifting Lifting” with respect to a Year shall be calculated in the form of percentage as per the following formula: formula:‌ Level of Lifting (LL) = [(ACQ-FM) - – DDQ] X 100 Where: ◦ LL = Level of Lifting of the Contracted Grade of Coal by the Purchaser 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 lifted by the Purchaser 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 • 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. • Non supply of rake by Railways within 180 one hundred and eighty (180) days of allotment shall not be construed as failure on the part of the Purchaser.

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+RFDQ+DDQ+FM) 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 Grade(s) of Coal delivered by the Seller for the YearYear or sale order quantity obtained by the Purchaser by paying advance amount, whichever is higher. DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 5.95.7. 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 Event affecting the Seller and / or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure Act 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.Event 5.7.2 5.6.2 Level of Lifting with respect to a Year shall be calculated in the form of percentage as per the following formula: Level of Lifting (LL) = [(ACQ-FM) - DDQ] X 100 Where: ◦ LL = Level of Lifting of the Contracted Grade of Coal by the Purchaser for the Year. ◦ DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 5.9. ◦ FM DQ = Proportionate quantity Delivered Quantity, namely, aggregate of actual quantities of the Contracted Grade Grade(s) of Coal which could not be lifted coal delivered by the Seller for the Year or sale order quantity obtained by the Purchaser for a Year due to occurrence of a Force Majeure Act affecting the Seller and / or the Purchaserby paying advance amount, calculated as under: • 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. • Non supply of rake by Railways within 180 days of allotment shall not be construed as failure on the part of the Purchaserwhichever is higher

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 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. 5.7.2 5.6.2 Level of Lifting with respect to a Year shall be calculated in the form of percentage as per the following formula: Level of Lifting (LL) = [(ACQ-FM) - DDQ] X 100 Where: ◦ LL = Level of Lifting of the Contracted Grade of Coal by the Purchaser 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 lifted by the Purchaser for a Year due to occurrence of a Force Majeure Act affecting the Seller and / or the Purchaser, calculated as under: • 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. • Non supply of rake by Railways within 180 days of allotment shall not be construed as failure on the part of the Purchaser: