Common use of Level of Delivery Clause in Contracts

Level of Delivery. 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 Coal by the Seller during the Year. DQ = Delivered Quantity, namely, aggregate actual quantities of Coal delivered by the Seller during the Year DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 3.11 FM = Proportionate quantity of Coal which could not be delivered by the Seller in a Year due to occurrence of Force Majeure event affecting the Seller and / or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure event 365 Note: For the purpose of calculation of ‘Number of days lost under applicable Force Majeure event’, affecting both the Parties shall be counted only once. RF = Quantity of Coal that could not be supplied by the Seller during the Year owing to the Railways not allotting wagons or not placing wagons for loading, 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. 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 Coal by the Seller during the Year. DQ = Delivered Quantity, namely, aggregate actual quantities of Coal delivered by the Seller during the Year DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 3.11 4.9 FM = Proportionate quantity of Coal which could not be delivered by the Seller in a Year due to occurrence of Force Majeure event affecting the Seller and / or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure event 365 Note: For the purpose of calculation of ‘Number of days lost under applicable Force Majeure event’, affecting both the Parties shall be counted only once. RF = Quantity of Coal that could not be supplied by the Seller during the Year owing to the Railways not allotting wagons or not placing wagons for loading, 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. 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 Coal by the Seller during the Year. DQ = Delivered Quantity, namely, aggregate actual quantities of Coal delivered by the Seller during the Year DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 3.11 4.11 FM = Proportionate quantity of Coal which could not be delivered by the Seller in a Year due to occurrence of Force Majeure event affecting the Seller and / or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure event 365 Note: For the purpose of calculation of ‘Number of days lost under applicable Force Majeure event’, affecting both the Parties shall be counted only once. RF = Quantity of Coal that could not be supplied by the Seller during the Year owing to the Railways not allotting wagons or not placing wagons for loading, 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. 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 Coal by the Seller during the Year. DQ = =Delivered Quantity, namely, aggregate actual quantities of Coal delivered by the Seller during the Year DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 3.11 4.13 FM = Proportionate quantity of Coal which could not be delivered by the Seller in a Year due to occurrence of Force Majeure event affecting the Seller and / or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure event 365 Note: For the purpose of calculation of ‘Number of days lost under applicable Force Majeure event’, affecting both the Parties shall be counted only once. RF = Quantity of Coal that could not be supplied by the Seller during the Year owing to the Railways not allotting wagons or not placing wagons for loading, 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. Level of Delivery with respect to a Year shall be calculated in the form of percentage as per the following formula: Where Level of Delivery (LD) = (DQ+DDQ+FM+RF) X 100 Where: ACQ LD = Level of Delivery of Coal by the Seller during for the Year. DQ = Delivered Quantity, namely, aggregate actual quantities of Coal delivered by the Seller during for the Year DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 3.11 FM = Proportionate quantity of Coal which could not be delivered by the Seller in a Year due to occurrence of Force Majeure event affecting the Seller and / or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure event 365 Note: For the purpose of calculation of ‘Number of days lost under applicable Force Majeure event’, affecting both the Parties shall be counted only once. RF = Quantity of Coal that could not be supplied by the Seller during for the Year owing to the Railways not allotting wagons or not placing wagons for loading, in spite of specific valid indent/offer submitted by the Seller to the Railways against agains valid program(s) submitted by the Purchaser for the purpose.

Level of Delivery. (LD)/ Level of Lifting (LL): 4.6.1 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 Coal by the Seller during the Year. DQ = Delivered Quantity, namely, aggregate of actual quantities of Coal delivered by the Seller during the Year DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 3.11 4.8 FM = Proportionate quantity of Coal which could not be delivered by the Seller in a Year due to occurrence of Force Majeure event affecting the Seller and / or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure event 365 Note: For the purpose of calculation of ‘Number of days lost under applicable Force Majeure event’, affecting both the Parties shall be counted only once. RF = Quantity of Coal that could not be supplied by the Seller during the Year owing to the Railways not allotting wagons or not placing wagons for loading, 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. 4.6.2 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-DDQ) X 100 ACQ Where: LL = Level of Lifting of Coal by the Purchaser during the Year. DDQ shall have the same meaning as given in Clause 4.8.

Level of Delivery. 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 Coal by the Seller during for the Year. DQ = Delivered Quantity, namely, aggregate actual quantities of Coal delivered by the Seller during for the Year Year. DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 3.11 4.11. FM = Proportionate quantity of Coal which could not be delivered by the Seller in a Year due to occurrence of a Force Majeure event Act(s) affecting the Seller and / or and/or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure event Act(s) 365 Note: For the purpose of calculation of ‘„Number of days lost under applicable Force Majeure event’Act(s)‟, affecting both the Parties shall be counted only once. RF = Quantity of Coal that could not be supplied by the Seller during for the Year owing to the Railways railways not allotting wagons or not placing wagons for loading, in spite of specific valid indent/offer submitted by the Seller to the Railways railways against valid program(s) submitted by the Purchaser for the purpose.

Level of Delivery. 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 Coal by the Seller during the Year. DQ = Delivered Quantity, namely, aggregate actual quantities of Coal delivered by the Seller during the Year DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 3.11 4.11 FM = Proportionate quantity of Coal which could not be delivered by the Seller in a Year due to occurrence of Force Majeure event affecting the Seller and / or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure event 365 Note: For the purpose of calculation of ‘Number of days lost under applicable Force Majeure event’, affecting both the Parties shall be counted only once. RF = Quantity of Coal that could not be supplied by the Seller during the Year owing to the Railways not allotting wagons or not placing wagons for loading, 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. 1- Letter no. CIL/S&M/CMO/47252 (New Pol)/626 dated 8.8.13

Level of Delivery. 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 Coal by the Seller during for the Year. DQ = Delivered Quantity, namely, aggregate actual quantities of Coal delivered by the Seller during for the Year Year. DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 3.11 4.10. FM = Proportionate quantity of Coal which could not be delivered by the Seller in a Year due to occurrence of a Force Majeure event Act(s) affecting the Seller and / or and/or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure event 365 Act(s) Note: For the purpose of calculation of ‘Number of days lost under applicable Force Majeure event’Act(s), such Act(s) affecting both the Parties shall be counted only once. RF = Quantity of Coal that could not be supplied by the Seller during for the Year owing to the Railways railways not allotting wagons or not placing wagons for loadingloading , in spite of specific valid indent/offer submitted by the Seller to the Railways railways against valid program(s) submitted by the Purchaser for the purpose.

Level of Delivery. 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 Coal by the Seller during for the YearSupply Period. DQ = Delivered Quantity, namely, aggregate actual quantities of Coal delivered by the Seller during the Year Seller. DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 3.11 Para 3.7 of this Annexure C. FM = Proportionate quantity of Coal which could not be delivered by the Seller in a Year during the Supply Period due to occurrence of a Force Majeure event Act(s) affecting the Seller and / or and/or the Purchaser, calculated as under: FM = ACQ CQ x Number of days lost under applicable Force Majeure event 365 Act(s) Note: For the purpose of calculation of ‘Number of days lost under applicable Force Majeure eventAct(s)’, affecting both the Parties shall be counted only once. RF = Quantity of Coal that could not be supplied by the Seller during the Year owing to the Railways railways not allotting wagons or not placing wagons for loading, in spite of specific valid indent/offer submitted by the Seller to the Railways railways against valid program(s) submitted by the Purchaser for the purpose.

Level of Delivery. 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 Coal by the Seller during for the Year. DQ = Delivered Quantity, namely, aggregate actual quantities of Coal delivered by the Seller during for the Year DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 3.11 4.10 FM = Proportionate quantity of Coal which could not be delivered by the Seller in a for the Year due to occurrence of Force Majeure event affecting the Seller and / or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure event 365 Note: For the purpose of calculation of ‘Number of days lost under applicable Force Majeure event’, affecting both the Parties shall be counted only once. RF = Quantity of Coal that could not be supplied by the Seller during the Year owing to the Railways not allotting wagons or not placing wagons for loading, 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. 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 Coal by the Seller during the Year. DQ = Delivered Quantity, namely, aggregate actual quantities of Coal delivered by the Seller during the Year DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 3.11 4.10 FM = Proportionate quantity of Coal which could not be delivered by the Seller in a Year due to occurrence of Force Majeure event affecting the Seller and / or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure event 365 Note: For the purpose of calculation of ‘Number of days lost under applicable Force Majeure event’, affecting both the Parties shall be counted only once. RF = Quantity of Coal that could not be supplied by the Seller during the Year owing to the Railways not allotting wagons or not placing wagons for loading, 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. 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 Coal by the Seller during the Year. DQ = Delivered Quantity, namely, aggregate actual quantities of Coal delivered by the Seller during the Year DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 3.11 FM = Proportionate quantity of Coal which could not be delivered by the Seller in a Year due to occurrence of Force Majeure event affecting the Seller and / or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure event 365 Note: For the purpose of calculation of ‘Number of days lost under applicable Force Majeure event’, affecting both the Parties shall be counted only once. RF = Quantity of Coal that could not be supplied by the Seller during the Year owing to the Railways not allotting wagons or not placing wagons for loading, 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. 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 Coal by the Seller during the Year. DQ = Delivered Quantity, namely, aggregate actual quantities of Coal delivered by the Seller during the Year DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 3.11 FM = Proportionate quantity of Coal which could not be delivered by the Seller in a Year due to occurrence of Force Majeure event affecting the Seller and / or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure event 365 Note: For the purpose of calculation of ‘Number of days lost under applicable Force Majeure event’, affecting both the Parties shall be counted only once. RF = Quantity of Coal that could not be supplied by the Seller during the Year owing to the Railways not allotting wagons or not placing wagons for loading, 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. 1- Letter no. CIL/S&M/CMO/47252 (New Pol)/626 dated 8.8.13

Level of Delivery. 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 Coal by the Seller during the Year. DQ = Delivered Quantity, namely, aggregate actual quantities of Coal delivered by the Seller during the Year DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 3.11 4.9 FM = Proportionate quantity of Coal which could not be delivered by the Seller in a Year due to occurrence of Force Majeure event affecting the Seller and / or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure event 365 Note: For the purpose of calculation of ‘Number of days lost under applicable Force Majeure event’, affecting both the Parties shall be counted only once. RF = Quantity of Coal that could not be supplied by the Seller during the Year owing to the Railways not allotting wagons or not placing wagons for loading, 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. 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 Coal by the Seller during for the Year. DQ = Delivered Quantity, namely, aggregate actual quantities of Coal delivered by the Seller during for the Year DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 3.11 4.9 FM = Proportionate quantity of Coal which could not be delivered by the Seller in a for the Year due to occurrence of Force Majeure event affecting the Seller and / or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure event 365 Note: For the purpose of calculation of ‘Number of days lost under applicable Force Majeure event’, affecting both the Parties shall be counted only once. RF = Quantity of Coal that could not be supplied by the Seller during the Year owing to the Railways not allotting wagons or not placing wagons for loading, 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. 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 Coal by the Seller during the Year. DQ = Delivered Quantity, namely, aggregate actual quantities of Coal delivered by the Seller during the Year DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 3.11 4.10 FM = Proportionate quantity of Coal which could not be delivered by the Seller in a Year due to occurrence of Force Majeure event affecting the Seller and / or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure event 365 Note: For the purpose of calculation of ‘Number of days lost under applicable Force Majeure event’, affecting both the Parties shall be counted only once. RF = Quantity of Coal that could not be supplied by the Seller during the Year owing to the Railways not allotting wagons or not placing wagons for loading, 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.