Common use of Modalities for assessment of stones Clause in Contracts

Modalities for assessment of stones. a) The Purchaser shall endeavour to segregate and stack separately all oversized stones of size more than 250 mm received along with Coal from the Seller’s supplies by rail at the Power Station end, during the month, at a mutually agreed place identified for the purpose within the Power Station premises, for the purpose of joint assessment pursuant to Clause 5.6.2 as per the procedure laid down in Schedule VI of this Agreement for compensation pursuant to Clause 10.1. b) The Seller shall depute its representative at the Power Station end between fourth (4th) day to tenth (10th) day of the following month, for joint assessment of the quantity of stones of size more than 250 mm received by rail in the preceding month and the Parties shall prepare a jointly signed statement of quantity of stones. The Purchaser shall extend full co-operation and facilitate deputation of representative of the Seller failing which the Seller shall not agree to the claim raised by the Purchaser in this regard. c) In case the Seller’s representative fails to be present at the Power Station end, within the period stipulated at Clause 5.6.3 (b) for the assessment of the quantity of oversized stones in compliance to 5.6.3 (a), the quantity of oversized stones assessed by the Purchaser shall be intimated to the Seller, by the fifteenth (15th) day of such following month and the same shall be taken as final and binding on the Seller for the purpose of adjustments under Clause 10.1. Thereafter, the Purchaser shall dispose off / remove such stones by the end of such month under intimation to the Seller and the Purchaser shall not be under any obligation to preserve such material beyond the day(s) stipulated herein above. However, the Purchaser shall maintain all records/ documents for example work order, running account bills, payment document etc for such disposal and present the same along with audited / relevant records for scrutiny of the Seller, if required. d) Quantity of stones attributable to the Seller shall be worked out by pro rata apportionment on the basis of proportionate receipt of Coal by rail from Seller out of the total Coal received by the rail at the concerned Power Station during a month. For such apportionment, the Purchaser shall provide certified monthly figures of quantity of Coal received by rail as per Coal xxxx at the concerned Power Station from the Seller as well as from all sources other than the Seller. e) Compensation for oversized stones shall be payable by the Seller to the Purchaser month-wise, Power-station wise, in terms of weighted average Base Price of the analysed Grade of Coal for the equivalent quantity of stones verified/ removed, as above provided that the quantity of stones admissible for compensation shall be restricted to 0.75% of the total quantity of Coal supplied progressively in a Year by the Seller to the concerned Power Station by rail after accounting for the weight reduction towards destination end, weighment in terms of Clause 6.2 and moisture compensation in terms of Clause 10.2.

Modalities for assessment of stones. a) The Purchaser shall endeavour to segregate and stack separately all oversized stones of size more than 250 mm received along with Coal from the Seller’s supplies by rail at the Power Station end, during the month, at a mutually agreed place identified for the purpose within the Power Station premises, for the purpose of joint assessment pursuant to Clause 5.6.2 4.6.2 as per the procedure laid down in Schedule VI V of this Agreement for compensation pursuant to Clause 10.19.1. b) The Seller shall depute its representative at the Power Station end between fourth (4th) day to tenth (10th) day of the following month, for joint assessment of the quantity of stones of size more than 250 mm received by rail in the preceding month and the Parties shall prepare a jointly signed statement of quantity of stones. The Purchaser shall extend full co-operation and facilitate deputation of such representative of the Seller failing which the Seller shall not agree to the claim raised by the Purchaser in this regard. c) In case the Seller’s representative fails to be present at the Power Station end, within the period stipulated at Clause 5.6.3 4.6.3 (b) for the assessment of the quantity of oversized stones in compliance to 5.6.3 4.6.3 (a), the quantity of oversized stones assessed by the Purchaser shall be intimated to the Seller, by the fifteenth (15th) day of such following month and the same shall be taken as final and binding on the Seller for the purpose of adjustments under Clause 10.19.1. Thereafter, the Purchaser shall dispose off / remove such stones by the end of such month under intimation to the Seller and the Purchaser shall not be under any obligation to preserve such material beyond the day(s) stipulated herein above. However, the Purchaser shall maintain all records/ documents for example work order, running account bills, payment document etc for such disposal and present the same along with audited / relevant records for scrutiny of the Seller, if required. d) Quantity of stones attributable to the Seller shall be worked out by pro rata apportionment on the basis of proportionate receipt of Coal by rail from Seller out of the total Coal received by the rail at the concerned Power Station during a month. For such apportionment, the Purchaser shall provide certified monthly figures of quantity of Coal received by rail as per Coal xxxx at the concerned Power Station from the Seller as well as from all sources other than the Seller. e) Compensation for oversized stones shall be payable by the Seller to the Purchaser month-wise, Power-station wise, in terms of weighted average Base Price of the analysed Grade of Coal for the equivalent quantity of stones verified/ removed, as above provided that the quantity of stones admissible for compensation shall be restricted to 0.75% of the total quantity of Coal supplied progressively in a Year by the Seller to the concerned Power Station by rail after accounting for the weight reduction towards destination end, weighment in terms of Clause 6.2 5.2 and moisture compensation in terms of Clause 10.29.2.

Modalities for assessment of stones. a) The Purchaser shall endeavour to segregate and stack separately all oversized stones of size more than 250 mm received along with Coal from the Seller’s supplies by rail rail/MGR at the Power Station end, during the month, at a mutually agreed place identified for the purpose within the Power Station premises, for the purpose of joint assessment pursuant to Clause 5.6.2 4.6.2 as per the procedure laid down in Schedule VI of this Agreement for compensation pursuant to Clause 10.1. b) 9.1. The Seller shall depute its representative at the Power Station end between fourth (4th) day to tenth (10th) day of the following month, for joint assessment of the quantity of stones of size more than 250 mm received by rail rail/MGR in the preceding month and the Parties shall prepare a jointly signed statement of quantity of stones. The Purchaser shall extend full co-operation and facilitate deputation of such representative of the Seller failing which the Seller shall not agree to the claim raised by the Purchaser in this regard. c) . In case the Seller’s representative fails to be present at the Power Station end, within the period stipulated at Clause 5.6.3 4.6.3 (b) for the assessment of the quantity of oversized stones in compliance to 5.6.3 4.6.3 (a), the quantity of oversized stones assessed by the Purchaser shall be intimated to the Seller, by the fifteenth (15th) day of such following month and the same shall be taken as final and binding on the Seller for the purpose of adjustments under Clause 10.19.1. Thereafter, the Purchaser shall dispose off / remove such stones by the end of such month under intimation to the Seller and the Purchaser shall not be under any obligation to preserve such material beyond the day(s) stipulated herein above. However, the Purchaser shall maintain all records/ documents for example work order, running account bills, payment document etc for such disposal and present the same along with audited / relevant records for scrutiny of the Seller, if required. d) Quantity of stones attributable to the Seller shall be worked out by pro rata apportionment on the basis of proportionate receipt of Coal by rail from Seller out of the total Coal received by the rail at the concerned Power Station during a month. For such apportionment, the Purchaser shall provide certified monthly figures of quantity of Coal received by rail as per Coal xxxx at the concerned Power Station from the Seller as well as from all sources other than the Seller. e) Compensation for oversized stones shall be payable by the Seller to the Purchaser month-wise, Power-station wise, in terms of weighted average Base Price of the analysed Grade of Coal for the equivalent quantity of stones verified/ removed, as above provided that the quantity of stones admissible for compensation shall be restricted to 0.75% of the total quantity of Coal supplied progressively in a Year by the Seller to the concerned Power Station by rail after accounting for the weight reduction towards destination end, weighment in terms of Clause 6.2 and moisture compensation in terms of Clause 10.2.

Modalities for assessment of stones. a) The Purchaser shall endeavour to segregate and stack separately all oversized stones of size more than 250 mm received along with Coal from the Seller’s supplies by rail rail/MGR at the Power Station end, during the month, at a mutually agreed place identified for the purpose within the Power Station premises, for the purpose of joint assessment pursuant to Clause 5.6.2 4.6.2 as per the procedure laid down in Schedule VI V of this Agreement for compensation pursuant to Clause 10.19.1. b) The Seller shall depute its representative at the Power Station end between fourth (4th) day to tenth (10th) day of the following month, for joint assessment of the quantity of stones of size more than 250 mm received by rail rail/MGR in the preceding month and the Parties shall prepare a jointly signed statement of quantity of stones. The Purchaser shall extend full co-operation and facilitate deputation of such representative of the Seller failing which the Seller shall not agree to the claim raised by the Purchaser in this regard. c) In case the Seller’s representative fails to be present at the Power Station end, within the period stipulated at Clause 5.6.3 4.6.3 (b) for the assessment of the quantity of oversized stones in compliance to 5.6.3 4.6.3 (a), the quantity of oversized stones assessed by the Purchaser shall be intimated to the Seller, by the fifteenth (15th) day of such following month and the same shall be taken as final and binding on the Seller for the purpose of adjustments under Clause 10.19.1. Thereafter, the Purchaser shall dispose off / remove such stones by the end of such month under intimation to the Seller and the Purchaser shall not be under any obligation to preserve such material beyond the day(s) stipulated herein above. However, the Purchaser shall maintain all records/ documents for example work order, running account bills, payment document etc for such disposal and present the same along with audited / relevant records for scrutiny of the Seller, if required. d) Quantity of stones attributable to the Seller shall be worked out by pro rata apportionment on the basis of proportionate receipt of Coal by rail rail/MGR from Seller out of the total Coal received by the rail rail/MGR at the concerned Power Station during a month. For such apportionment, the Purchaser shall provide certified monthly figures of quantity of Coal received by rail as per Coal xxxx at the concerned Power Station from the Seller as well as from all sources other than the Seller. e) Compensation for oversized stones shall be payable by the Seller to the Purchaser month-wise, Power-station wise, in terms of weighted average Base Price of the analysed Grade of Coal for the equivalent quantity of stones verified/ removed, as above provided that the quantity of stones admissible for compensation shall be restricted to 0.75% of the total quantity of Coal such coal supplied progressively in a Year by the Seller to the concerned Power Station by rail rail/MGR after accounting for the weight reduction towards destination end, weighment in terms of Clause 6.2 5.2 and moisture compensation in terms of Clause 10.29.2.

Modalities for assessment of stones. a) The Purchaser shall endeavour to segregate and stack separately all oversized stones of size more than 250 mm received along with Coal from the Seller’s supplies by rail at the Power Station end, during the month, at a mutually agreed place identified for the purpose within the Power Station premises, for the purpose of joint assessment pursuant to Clause 5.6.2 as per the procedure laid down in Schedule VI of this Agreement for compensation pursuant to Clause 10.1. b) The Seller shall depute its representative at the Power Station end between fourth (4th) day to tenth (10th) day of the following month, for joint assessment of the quantity of stones of size more than 250 mm received by rail in the preceding month and the Parties shall prepare a jointly signed statement of quantity of stones. The Purchaser shall extend full co-operation and facilitate deputation of representative of the Seller failing which the Seller shall not agree to the claim raised by the Purchaser in this regard. c) In case the Seller’s representative fails to be present at the Power Station end, within the period stipulated at Clause 5.6.3 (b) for the assessment of the quantity of oversized stones in compliance to 5.6.3 (a), the quantity of oversized stones assessed by the Purchaser shall be intimated to the Seller, by the fifteenth (15th) day of such following month and the same shall be taken as final and binding on the Seller for the purpose of adjustments under Clause 10.1. Thereafter, the Purchaser shall dispose off / remove such stones by the end of such month under intimation to the Seller and the Purchaser shall not be under any obligation to preserve such material beyond the day(s) stipulated herein above. However, the Purchaser shall maintain all records/ documents for example work order, running account bills, payment document etc for such disposal and present the same along with audited / relevant records for scrutiny of the Seller, if required. d) Quantity of stones attributable to the Seller shall be worked out by pro rata apportionment on the basis of proportionate receipt of Coal by rail from Seller out of the total Coal received by the rail at the concerned Power Station during a month. For such apportionment, the Purchaser shall provide certified monthly figures of quantity of Coal received by rail as per Coal xxxx bill at the concerned Power Station from the Seller as well as from all sources other than the Seller. e) Compensation for oversized stones shall be payable by the Seller to the Purchaser month-wise, Power-station wise, in terms of weighted average Base Price of the analysed Grade of Coal for the equivalent quantity of stones verified/ removed, as above provided that the quantity of stones admissible for compensation shall be restricted to 0.75% of the total quantity of Coal supplied progressively in a Year by the Seller to the concerned Power Station by rail after accounting for the weight reduction towards destination end, weighment in terms of Clause 6.2 and moisture compensation in terms of Clause 10.2.

Modalities for assessment of stones. a) The Purchaser shall endeavour to segregate and stack separately all oversized stones of size more than 250 mm received along with Coal from the Seller’s supplies by rail rail/ MGR at the Power Station end, during the month, at a mutually agreed place identified for the purpose within the Power Station premises, for the purpose of joint assessment pursuant to Clause 5.6.2 4.6.2 as per the procedure laid down in Schedule VI of this Agreement for compensation pursuant to Clause 10.19.1. b) The Seller shall depute its representative at the Power Station end between fourth (4th) day to tenth (10th) day of the following month, for joint assessment of the quantity of stones of size more than 250 mm received by rail rail/ MGR in the preceding month and the Parties shall prepare a jointly signed statement of quantity of stones. The Purchaser shall extend full co-operation and facilitate deputation of such representative of the Seller failing which the Seller shall not agree to the claim raised by the Purchaser in this regard. c) In case the Seller’s representative fails to be present at the Power Station end, within the period stipulated at Clause 5.6.3 4.6.3 (b) for the assessment of the quantity of oversized stones in compliance to 5.6.3 4.6.3 (a), the quantity of oversized stones assessed by the Purchaser shall be intimated to the Seller, by the fifteenth (15th) day of such following month and the same shall be taken as final and binding on the Seller for the purpose of adjustments under Clause 10.19.1. Thereafter, the Purchaser shall dispose off / remove such stones by the end of such month under intimation to the Seller and the Purchaser shall not be under any obligation to preserve such material beyond the day(s) stipulated herein above. However, the Purchaser shall maintain all records/ documents for example work order, running account bills, payment document etc for such disposal and present the same along with audited / relevant records for scrutiny of the Seller, if required. d) Quantity of stones attributable to the Seller shall be worked out by pro rata apportionment on the basis of proportionate receipt of Coal by rail rail/ MGR from Seller out of the total Coal received by the rail rail/ MGR at the concerned Power Station during a month. For such apportionment, the Purchaser shall provide certified monthly figures of quantity of Coal received by rail as per Coal xxxx at the concerned Power Station from the Seller as well as from all sources other than the Seller. e) Compensation for oversized stones shall be payable by the Seller to the Purchaser month-wise, Power-station wise, in terms of weighted average Base Price of the analysed Grade of Coal for the equivalent quantity of stones verified/ removed, as above provided that the quantity of stones admissible for compensation shall be restricted to 0.75% of the total quantity of Coal supplied progressively in a Year by the Seller to the concerned Power Station by rail after accounting for the weight reduction towards destination end, weighment in terms of Clause 6.2 5.2 and moisture compensation in terms of Clause 10.29.2.

Modalities for assessment of stones. a) The Purchaser shall endeavour to segregate and stack separately all oversized stones of size more than 250 mm received along with Coal from the Seller’s supplies by rail rail/MGR at the Power Station end, during the month, at a mutually agreed place identified for the purpose within the Power Station premises, for the purpose of joint assessment pursuant to Clause 5.6.2 4.6.2 as per the procedure laid down in Schedule VI of this Agreement for compensation pursuant to Clause 10.19.1. b) The Seller shall depute its representative at the Power Station end between fourth (4th) day to tenth (10th) day of the following month, for joint assessment of the quantity of stones of size more than 250 mm received by rail rail/MGR in the preceding month and the Parties shall prepare a jointly signed statement of quantity of stones. The Purchaser shall extend full co-operation and facilitate deputation of such representative of the Seller failing which the Seller shall not agree to the claim raised by the Purchaser in this regard. c) In case the Seller’s representative fails to be present at the Power Station end, within the period stipulated at Clause 5.6.3 4.6.3 (b) for the assessment of the quantity of oversized stones in compliance to 5.6.3 4.6.3 (a), the quantity of oversized stones assessed by the Purchaser shall be intimated to the Seller, by the fifteenth (15th) day of such following month and the same shall be taken as final and binding on the Seller for the purpose of adjustments under Clause 10.19.1. Thereafter, the Purchaser shall dispose off / remove such stones by the end of such month under intimation to the Seller and the Purchaser shall not be under any obligation to preserve such material beyond the day(s) stipulated herein above. However, the Purchaser shall maintain all records/ documents for example work order, running account bills, payment document etc for such disposal and present the same along with audited / relevant records for scrutiny of the Seller, if required. d) Quantity of stones attributable to the Seller shall be worked out by pro rata apportionment on the basis of proportionate receipt of Coal by rail rail/MGR from Seller out of the total Coal received by the rail rail/MGR at the concerned Power Station during a month. For such apportionment, the Purchaser shall provide certified monthly figures of quantity of Coal received by rail as per Coal xxxx at the concerned Power Station from the Seller as well as from all sources other than the Seller. e) Compensation for oversized stones shall be payable by the Seller to the Purchaser month-wise, Power-station wise, in terms of weighted average Base Price of the analysed Grade of indigenous Coal for the equivalent quantity of stones actually verified/ removed, as above provided that the quantity of stones admissible for compensation shall be restricted to 0.75% of the total quantity of Coal such coal supplied progressively in a Year by the Seller from the CIL sources to the concerned Power Station by rail rail/ MGR after accounting for the weight reduction towards destination end, weighment in terms of Clause 6.2 5.2 and moisture compensation in terms of Clause 10.2.9.2. However, such total quantity of oversized stones actually verified/removed shall be restricted up to a ceiling of 0.75% of the total quantity of indigenous coal supplied during the year for the purpose of compensation if supply of indigenous coal during the year has also been made from any other source(s) including captive block besides CIL sources

Modalities for assessment of stones. a) The Purchaser shall endeavour endeavor to segregate and stack separately all oversized stones of size more than 250 mm received along with Coal from the Seller’s supplies by rail at the Power Station end, during the month, at a mutually agreed place identified for the purpose within the Power Station premises, for the purpose of joint assessment pursuant to Clause 5.6.2 as per the procedure laid down in Schedule VI of this Agreement for compensation pursuant to Clause 10.1. b) The Seller shall depute its representative at the Power Station end between fourth (4th) day to tenth (10th) day of the following month, for joint assessment of the quantity of stones of size more than 250 mm received by rail in the preceding month and the Parties shall prepare a jointly signed statement of quantity of stones. The Purchaser shall extend full co-operation and facilitate deputation of representative of the Seller failing which the Seller shall not agree to the claim raised by the Purchaser in this regard. c) In case the Seller’s representative fails to be present at the Power Station end, within the period stipulated at Clause 5.6.3 (b) for the assessment of the quantity of oversized stones in compliance to 5.6.3 (a), the quantity of oversized stones assessed by the Purchaser shall be intimated to the Seller, by the fifteenth (15th) day of such following month and the same shall be taken as final and binding on the Seller for the purpose of adjustments under Clause 10.1. Thereafter, the Purchaser shall dispose off / remove such stones by the end of such month under intimation to the Seller and the Purchaser shall not be under any obligation to preserve such material beyond the day(s) stipulated herein above. However, the Purchaser shall maintain all records/ documents for example work order, running account bills, payment document etc for such disposal and present the same along with audited / relevant records for scrutiny of the Seller, if required. d) Quantity of stones attributable to the Seller shall be worked out by pro rata apportionment on the basis of proportionate receipt of Coal by rail from Seller out of the total Coal received by the rail at the concerned Power Station during a month. For such apportionment, the Purchaser shall provide certified monthly figures of quantity of Coal received by rail as per Coal xxxx bill at the concerned Power Station from the Seller as well as from all sources other than the Seller. e) Compensation for oversized stones shall be payable by the Seller to the Purchaser month-wise, Power-station wise, in terms of weighted average Base Price of the analysed Grade of indigenous Coal for the equivalent quantity of stones actually verified/ removed, as above provided that the quantity of stones admissible for compensation shall be restricted to 0.75% of the total quantity of Coal such coal supplied progressively in a Year by the Seller from the CIL sources to the concerned Power Station by rail rail/ MGR after accounting for the weight reduction towards destination end, weighment in terms of Clause clause 6.2 and moisture compensation in terms of Clause 10.2.. However, such total quantity of oversized stones actually verified/removed shall be restricted up to a ceiling of 0.75% of the total quantity of indigenous coal supplied during the year for the purpose of compensation if supply of indigenous coal during the year has also been made from any other source(s) including captive block besides CIL sources