Scheduled Quantity. 5.4.1 The Annual Contracted Quantity shall, unless otherwise agreed to in writing between the Parties, be delivered in equal quarterly quantities during the Year which shall be calculated as Annual Contracted Quantity/4 (“Scheduled Quantity” or “SQ”); provided that during the first Year of the Term, the Scheduled Quantity shall be suitably pro-rated (i.e. the Scheduled Quantity to be delivered shall be computed suitably commencing from the Signature Date till 31st March of the next Year). 5.4.2 In respect of a particular Lot, in case of supply by rail, the Parties agree that in case the Purchaser is unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the balance Scheduled Quantity will be carried forward to the subsequent quarter(s)/ Year(s). As and when such carried forward quantity is adequate to form a rake for transportation through rail mode, the same shall be supplied to the Purchaser. If at the end of the Term, any residual Scheduled Quantity remains (including any quantity which has been carried forward as aforesaid), the same shall be dealt with in the following manner: (a) in case the residual Scheduled Quantity is 2000 tonnes or more, the Purchaser will be supplied with the quantity equivalent to one rake; and (b) in case the residual Scheduled Quantity is less than 2000 tonnes, such quantity will lapse. 5.4.3 The total variation in the quarterly Scheduled Quantity shall not, unless otherwise agreed to in writing by the Parties, exceed 10% (ten per cent.) of the Scheduled Quantity.
Appears in 5 contracts
Samples: E Fuel Supply Agreement, E Fuel Supply Agreement, Fuel Supply Agreement
Scheduled Quantity. 5.4.1 5.5.1 The Annual Contracted Quantity shall, unless otherwise agreed to in writing between the Parties, be delivered in equal quarterly monthly quantities during the Year which shall be calculated as Annual Contracted Quantity/4 Quantity/12 (“Scheduled Quantity” or “SQ”); provided that during the first Year of the Term, the Scheduled Quantity shall be suitably pro-rated (i.e. the Scheduled Quantity to be delivered shall be computed suitably commencing from the Signature Date till 31st March of the next Year).
5.4.2 5.5.2 In respect of a particular Lot, in case of supply by rail, the Parties agree that in case the Purchaser is unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the balance Scheduled Quantity will be carried forward to the subsequent quarter(s)/ Month(s)/ Year(s). As and when such carried forward quantity is adequate to form a rake for transportation through rail mode, the same shall be supplied to the Purchaser. If at the end of the Term, any residual Scheduled Quantity remains (including any quantity which has been carried forward as aforesaid), the same shall be dealt with in the following manner:
(a) in case the residual Scheduled Quantity is 2000 tonnes 2000TPA or more, the Purchaser will be supplied with the quantity equivalent to one rake; and
(b) in case the residual Scheduled Quantity is less than 2000 tonnes2000TPA, such quantity will lapse.
5.4.3 5.5.3 Notwithstanding anything to the contrary contained herein, if for a Year, the Level of Lifting by the Purchaser falls below the thresholds specified in Clause 5.6.1 solely on account of the fact that the Purchaser has been unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the Purchaser shall not be liable to pay any penalty for shortfall in the Level of Lifting caused due to the above mentioned reason.
5.5.4 The total variation in the quarterly monthly Scheduled Quantity shall not, unless otherwise agreed to in writing by the Parties, exceed 10% (ten per cent.) of the Scheduled Quantity.
Appears in 4 contracts
Samples: Fuel Supply Agreement, Fuel Supply Agreement, Fuel Supply Agreement
Scheduled Quantity. 5.4.1 5.5.1 The Annual Contracted Quantity shall, unless otherwise agreed to in writing between the Parties, be delivered in equal quarterly monthly quantities during the Year which shall be calculated as Annual Contracted Quantity/4 Quantity/12 (“Scheduled Quantity” or “SQ”); provided that during the first Year of the TermTerm commencing from the Effective Date for Supply, the Scheduled Quantity shall be suitably pro-rated (i.e. the Scheduled Quantity to be delivered shall be computed suitably commencing from the Signature Effective Date for Supply till 31st March of the next Year).
5.4.2 5.5.2 In respect of a particular Lot, in case of supply by rail, the Parties agree that in case the Purchaser is unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the balance Scheduled Quantity will be carried forward to the subsequent quarter(s)/ Month(s)/ Year(s). As and when such carried forward quantity is adequate to form a rake for transportation through rail mode, the same shall be supplied to the Purchaser. If at the end of the Term, any residual Scheduled Quantity remains (including any quantity which has been carried forward as aforesaid), the same shall be dealt with in the following manner:
(a) in case the residual Scheduled Quantity is 2000 tonnes 2000TPA or more, the Purchaser will be supplied with the quantity equivalent to one rake; and
(b) in case the residual Scheduled Quantity is less than 2000 tonnes2000TPA, such quantity will lapse.
5.4.3 5.5.3 Notwithstanding anything to the contrary contained herein, if for a Year, the Level of Lifting by the Purchaser falls below the thresholds specified in Clause 5.6.1 solely on account of the fact that the Purchaser has been unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the Purchaser shall not be liable to pay any penalty for shortfall in the Level of Lifting caused due to the above mentioned reason.
5.5.4 The total variation in the quarterly monthly Scheduled Quantity shall not, unless otherwise agreed to in writing by the Parties, exceed 10% (ten per cent.) of the Scheduled Quantity.
Appears in 2 contracts
Samples: Fuel Supply Agreement, Fuel Supply Agreement
Scheduled Quantity. 5.4.1 The Annual Contracted Quantity shall, unless otherwise agreed to in writing between the Parties, be delivered in equal quarterly monthly quantities during the Year which shall be calculated as Annual Contracted Quantity/4 Quantity/12 (“Scheduled Quantity” or “SQ”); provided that during the first Year of the Term, the Scheduled Quantity shall be suitably pro-rated (i.e. the Scheduled Quantity to be delivered shall be computed suitably commencing from the Signature Date till 31st March of the next Year).
5.4.2 In respect of a particular Lot, in case of supply by rail, the Parties agree that in case the Purchaser is unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the balance Scheduled Quantity will be carried forward to the subsequent quarter(s)/ Month(s)/ Year(s). As and when such carried forward quantity is adequate to form a rake for transportation through rail mode, the same shall be supplied to the Purchaser. If at the end of the Term, any residual Scheduled Quantity remains (including any quantity which has been carried forward as aforesaid), the same shall be dealt with in the following manner:
(a) in case the residual Scheduled Quantity is 2000 tonnes 2000TPA or more, the Purchaser will be supplied with the quantity equivalent to one rake; and
(b) in case the residual Scheduled Quantity is less than 2000 tonnes2000TPA, such quantity will lapse.
5.4.3 Notwithstanding anything to the contrary contained herein, if for a Year, the Level of Lifting by the Purchaser falls below the thresholds specified in Clause 5.5.1 solely on account of the fact that the Purchaser has been unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the Purchaser shall not be liable to pay any compensation for shortfall in the Level of Lifting caused due to the above mentioned reason.
5.4.4 The total variation in the quarterly monthly Scheduled Quantity shall not, unless otherwise agreed to in writing by the Parties, exceed 10% (ten per cent.) of the Scheduled Quantity.
Appears in 2 contracts
Samples: Fuel Supply Agreement, Fuel Supply Agreement
Scheduled Quantity. 5.4.1 The Annual Contracted Quantity shall, unless otherwise agreed to in writing between the Parties, be delivered in equal quarterly quantities during the Year which shall be calculated as Annual Contracted Quantity/4 (“Scheduled Quantity” or “SQ”); provided that during the first Year of the Term, the Scheduled Quantity shall be suitably pro-rated (i.e. the Scheduled Quantity to be delivered shall be computed suitably commencing from the Signature Date till 31st March of the next Year). In case of revision / adjustment of the Annual Contracted Quantity in terms of Clause 5.1, then the Scheduled Quantity shall be revised accordingly.
5.4.2 In respect of a particular Lot, in case of supply by rail, the Parties agree that in case the Purchaser is unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the balance Scheduled Quantity will be carried forward to the subsequent quarter(s)/ Year(s). As and when such carried forward quantity is adequate to form a rake for transportation through rail mode, the same shall be supplied to the Purchaser. If at the end of the Term, any residual Scheduled Quantity remains (including any quantity which has been carried forward as aforesaid), the same shall be dealt with in the following manner:
(a) in case the residual Scheduled Quantity is 2000 tonnes or more, the Purchaser will be supplied with the quantity equivalent to one rake; and
(b) in case the residual Scheduled Quantity is less than 2000 tonnes, such quantity will lapse.
5.4.3 The total variation in the quarterly Scheduled Quantity shall not, unless otherwise agreed to in writing by the Parties, exceed 10% (ten per cent.) of the Scheduled Quantity.
Appears in 2 contracts
Scheduled Quantity. 5.4.1 The Annual Contracted Quantity shall, unless otherwise agreed to in writing between the Parties, be delivered in equal quarterly quantities during the Year which shall be calculated as Annual Contracted Quantity/4 (“Scheduled Quantity” or “SQ”); provided that during the first Year of the Term, the Scheduled Quantity shall be suitably pro-rated (i.e. the Scheduled Quantity to be delivered shall be computed suitably commencing from the Signature Date till 31st March of the next Year).
5.4.2 . In respect of a particular Lot, in case of supply by rail, the Parties agree that in case the Purchaser is unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the balance Scheduled Quantity will be carried forward to the subsequent quarter(s)/ Year(s). As and when such carried forward quantity is adequate to form a rake for transportation through rail mode, the same shall be supplied to the Purchaser. If at the end of the Term, any residual Scheduled Quantity remains (including any quantity which has been carried forward as aforesaid), the same shall be dealt with in the following manner:
(a) in case the residual Scheduled Quantity is 2000 tonnes or more, the Purchaser will be supplied with the quantity equivalent to one rake; and
(b) in case the residual Scheduled Quantity is less than 2000 tonnes, such quantity will lapse.
5.4.3 The total variation in the quarterly Scheduled Quantity shall not, unless otherwise agreed to in writing by the Parties, exceed 10% (ten per cent.) of the Scheduled Quantity.
Appears in 1 contract
Samples: Fuel Supply Agreement
Scheduled Quantity. 5.4.1 The Annual Contracted Quantity shall, unless otherwise agreed to in writing between the Parties, be delivered in equal quarterly monthly quantities during the Year which shall be calculated as Annual Contracted Quantity/4 Quantity/12 (“Scheduled Quantity” or “SQ”); provided that during the first Year of the Term, the Scheduled Quantity shall be suitably pro-rated (i.e. the Scheduled Quantity to be delivered shall be computed suitably commencing from the Signature Date till 31st March of the next Year). In case of revision / adjustment of the Annual Contracted Quantity in terms of Clause 5.1.3, then the Scheduled Quantity shall consequently be revised, in accordance with the illustration provided in Clause5.1.4.
5.4.2 In respect of a particular Lot, in case of supply by rail, the Parties agree that in case the Purchaser is unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the balance Scheduled Quantity will be carried forward to the subsequent quarter(s)/ Month(s)/ Year(s). As and when such carried forward quantity is adequate to form a rake for transportation through rail mode, the same shall be supplied to the Purchaser. If at the end of the Term, any residual Scheduled Quantity remains (including any quantity which has been carried forward as aforesaid), the same shall be dealt with in the following manner:
(a) in case the residual Scheduled Quantity is 2000 tonnes 2000TPA or more, the Purchaser will be supplied with the quantity equivalent to one rake; and
(b) in case the residual Scheduled Quantity is less than 2000 tonnes2000TPA, such quantity will lapse.
5.4.3 Notwithstanding anything to the contrary contained herein, if for a Year, the Level of Lifting by the Purchaser falls below the thresholds specified in Clause 5.5.1 solely on account of the fact that the Purchaser has been unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the Purchaser shall not be liable to pay any compensation for shortfall in the Level of Lifting caused due to the above mentioned reason.
5.4.4 The total variation in the quarterly monthly Scheduled Quantity shall not, unless otherwise agreed to in writing by the Parties, exceed 10% (ten per cent.) of the Scheduled Quantity.
Appears in 1 contract
Samples: Fuel Supply Agreement
Scheduled Quantity. 5.4.1 6.5.1 The Annual Contracted Quantity shall, unless otherwise agreed to in writing between the Parties, be delivered in equal quarterly monthly quantities during the Year which shall be calculated as Annual Contracted Quantity/4 Quantity/12 (“Scheduled Quantity” or ““ SQ”); provided that during the first Year of the Term, the Scheduled Quantity shall be suitably pro-rated (i.e. the Scheduled Quantity to be delivered shall be computed suitably commencing from the Signature Effective Date till 31st March of the next Year).
5.4.2 6.5.2 In respect of a particular Lot, in case of supply by rail, the Parties agree that in case the Purchaser is unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the balance Scheduled Quantity will be carried forward to the subsequent quarter(s)/ Month(s)/ Year(s). As and when such carried forward quantity is adequate to form a rake for transportation through rail mode, the same shall be supplied to the Purchaser. If at the end of the Term, any residual Scheduled Quantity remains (including any quantity which has been carried forward as aforesaid), the same shall be dealt with in the following manner:
(a) 6.5.2.1 in case the residual Scheduled Quantity is 2000 tonnes two thousand (2000) TPA or more, the Purchaser will be supplied with the quantity equivalent to one (1) rake; and
(b) 6.5.2.2 in case the residual Scheduled Quantity is less than 2000 tonnestwo thousand (2000) TPA, such quantity will lapse.
5.4.3 6.5.3 Notwithstanding anything to the contrary contained herein, if for a Year, the Level of Lifting by the Purchaser falls below the thresholds specified in Clause 6.5.1 solely on account of the fact that the Purchaser has been unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the Purchaser shall not be liable to pay any penalty for shortfall in the Level of Lifting caused due to the above-mentioned reason.
6.5.4 The total variation in the quarterly monthly Scheduled Quantity shall not, unless otherwise agreed to in writing by the Parties, exceed ten percent (10% (ten per cent.%) of the Scheduled Quantity.
Appears in 1 contract
Samples: Fuel Supply Agreement
Scheduled Quantity. 5.4.1 The Annual Contracted Quantity shall, unless otherwise agreed to in writing between the Parties, be delivered in equal quarterly monthly quantities during the Year which shall be calculated as Annual Contracted Quantity/4 Quantity/12 (“Scheduled Quantity” ―Scheduled Quantity‖ or “SQ”―SQ‖); provided that during the first Year of the Term, the Scheduled Quantity shall be suitably pro-rated (i.e. the Scheduled Quantity to be delivered shall be computed suitably commencing from the Signature Date till 31st March of the next Year). In case of revision / adjustment of the Annual Contracted Quantity in terms of Clause 5.1.3, then the Scheduled Quantity shall consequently be revised, in accordance with the illustration provided in Clause5.1.4.
5.4.2 In respect of a particular Lot, in case of supply by rail, the Parties agree that in case the Purchaser is unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the balance Scheduled Quantity will be carried forward to the subsequent quarter(s)/ Month(s)/ Year(s). As and when such carried forward quantity is adequate to form a rake for transportation through rail mode, the same shall be supplied to the Purchaser. If at the end of the Term, any residual Scheduled Quantity remains (including any quantity which has been carried forward as aforesaid), the same shall be dealt with in the following manner:
(a) in case the residual Scheduled Quantity is 2000 tonnes 2000TPA or more, the Purchaser will be supplied with the quantity equivalent to one rake; and
(b) in case the residual Scheduled Quantity is less than 2000 tonnes2000TPA, such quantity will lapse.
5.4.3 The total variation in the quarterly monthly Scheduled Quantity shall not, unless otherwise agreed to in writing by the Parties, exceed 10% (ten per cent.) of the Scheduled Quantity.
Appears in 1 contract
Samples: Fuel Supply Agreement
Scheduled Quantity. 5.4.1 6.5.1 The Annual Contracted Quantity shall, unless otherwise agreed to in writing between the Parties, be delivered in equal quarterly monthly quantities during the Year which shall be calculated as Annual Contracted Quantity/4 Quantity/12 (“Scheduled Quantity” or ““ SQ”); provided that during the first Year of the Term, the Scheduled Quantity shall be suitably pro-rated (i.e. the Scheduled Quantity to be delivered shall be computed suitably commencing from the Signature Effective Date till 31st March of the next Year).Year).
5.4.2 6.5.2 In respect of a particular Lot, in case of supply by rail, the Parties agree that in case the Purchaser is unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the balance Scheduled Quantity will be carried forward to the subsequent quarter(s)/ Month(s)/ Year(s). As and when such carried forward quantity is adequate to form a rake for transportation through rail mode, the same shall be supplied to the Purchaser. If at the end of the Term, any residual Scheduled Quantity remains (including any quantity which has been carried forward as aforesaid), the same shall be dealt with in the following manner:
(a) in case the residual Scheduled Quantity is 2000 tonnes two thousand (2000) TPA or more, the Purchaser will be supplied with the quantity equivalent to one (1) rake; and
(b) in case the residual Scheduled Quantity is less than 2000 tonnestwo thousand (2000) TPA, such quantity will lapse.
5.4.3 6.5.3 Notwithstanding anything to the contrary contained herein, if for a Year, the Level of Lifting by the Purchaser falls below the thresholds specified in Clause 6.5.1 solely on account of the fact that the Purchaser has been unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the Purchaser shall not be liable to pay any penalty for shortfall in the Level of Lifting caused due to the above-mentioned reason.
6.5.4 The total variation in the quarterly monthly Scheduled Quantity shall not, unless otherwise agreed to in writing by the Parties, exceed ten percent (10% (ten per cent.%) of the Scheduled Quantity.
Appears in 1 contract
Samples: Fuel Supply Agreement