Common use of Shortfall Gas and Price Adjustment Clause in Contracts

Shortfall Gas and Price Adjustment. (a) During the Term of the Agreement, if the Sellers fail to supply Ninety percent (90%) of the CQ for reasons other than the sum of the following quantities for each Day during the Term of the Agreement: (i) any quantity of gas up to the DCQ for the relevant Day that Sellers failed to supply due to Force Majeure of Parties; (ii) any quantity of Gas up to the DCQ for the Days on which the Sellers fail to supply or the Buyer fails to offtake for reasons not attributable to the Sellers during the Term of the Agreement then, the positive difference, if any, between Ninety percent (90%) of the CQ (after adjusting quantities of Gas under Clause 4.5 (a) (i), (ii)) and the quantity of Sales Gas supplied by the Sellers during the Term of the Agreement shall be classified as the “Sellers Supply Deficiency”. The Sellers shall provide the discount to the Buyer by way of credit note on the Sellers Supply Deficiency within the Term of the Agreement (“Price Adjustment”). The Price Adjustment shall be an amount equal to Sellers Supply Deficiency multiplied by Ten percent (10%) of the arithmetic average Sales Gas price in USD/MMBTU on GCV basis during the Term of the Agreement. The rate of exchange to be applied to convert the Price adjustment amount calculated in USD to INR shall be as per Clause 10.5. The Price Adjustment shall be Buyer’s sole remedy for Sellers’ failure to make available Sales Gas available for delivery under this Agreement. (b) The credit note issued in lieu of Price adjustment shall be set off against the value of invoice for the quantities off-taken by the Buyer in the same invoice, or in case there is no quantities off-taken by the Buyer, the price adjustment shall be paid to the Buyer. Applicable sales tax will also be adjusted through credit note issued.

Appears in 3 contracts

Samples: Gas Sale Agreement, Gas Sale Agreement, Gas Sale Agreement

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Shortfall Gas and Price Adjustment. (a) During the Term of the Agreement4.5.1 In any Quarter, if the Sellers fail to supply Ninety Eighty percent (9080%) of the CQ QCQ for reasons other than the sum of the following quantities for each Day during the Term of the Agreementsuch Contract Quarter: (i) any quantity of gas up to the DCQ for the relevant Day that Sellers failed to supply due to Force Majeure of Parties; (ii) any quantity of Gas up to the DCQ for the Days on which the Sellers fail to supply or the Buyer fails to offtake for reasons not attributable to the Sellers during the Term of the Agreement that Quarter then, the positive difference, if any, between Ninety Eighty percent (9080%) of the CQ QCQ (after adjusting quantities of Gas under Clause 4.5 (a) 4.5.1 (i), ) and (ii)) and the quantity of Sales Gas supplied by the Sellers during the Term of the Agreement Quarter shall be classified as the “Quarterly Sellers Supply Deficiency”. The Sellers shall provide the discount to the Buyer by way of credit note on the Quarterly Sellers Supply Deficiency within the Term of the Agreement in that Quarter (“Quarterly Price Adjustment”). The Quarterly Price Adjustment for any Quarter shall be an amount equal to Quarterly Sellers Supply Deficiency in that Quarter multiplied by Ten percent (10%) of the arithmetic average Sales Gas price in USD/MMBTU on GCV basis during the Term of the Agreementthat Quarter. The rate of exchange to be applied to convert the Price adjustment amount calculated in USD to INR shall be as per Clause 10.5. The Quarterly Price Adjustment shall be Buyer’s sole remedy for Sellers’ failure to make available Sales Gas available for delivery under this Agreement. (b) 4.5.2 The credit note issued in lieu of Quarterly Price adjustment shall be set off against the value of invoice for the quantities off-taken by the Buyer in the same invoiceQuarter or subsequent Quarters, or in case there is no quantities off-taken by the Buyer, the Quarterly price adjustment shall be paid to the Buyer. Applicable sales tax will also be adjusted through credit note issued.

Appears in 2 contracts

Samples: Gas Sales Agreement, Gas Sale Agreement

Shortfall Gas and Price Adjustment. (a) During the Term of the AgreementIn any Quarter, if the Sellers fail to supply Ninety percent (90%) of the CQ QCQ for reasons other than the sum of the following quantities for each Day during the Term of the Agreementsuch Contract Quarter: (i) any quantity of gas up to the DCQ for the relevant Day that Sellers failed to supply due to Force Majeure of Parties; (ii) any quantity of gas up to the DCQ for the relevant Day which a Party did not nominate or schedule due to Planned Maintenance of Parties, subject to Clause 12 of the Agreement; (iii) any quantity of Gas up to the DCQ for the Days on which the Sellers fail to supply or the Buyer fails to offtake for reasons not attributable to the Sellers during the Term of the Agreement that Quarter then, the positive difference, if any, between Ninety percent (90%) of the CQ QCQ (after adjusting quantities of Gas under Clause 4.5 (a) (i), (ii) and (iii)) and the quantity of Sales Gas supplied by the Sellers during the Term of the Agreement Quarter shall be classified as the “Quarterly Sellers Supply Deficiency”. The Sellers shall provide the discount to the Buyer by way of credit note on the Quarterly Sellers Supply Deficiency within the Term of the Agreement in that Quarter (“Quarterly Price Adjustment”). The Quarterly Price Adjustment for any Quarter shall be an amount equal to Quarterly Sellers Supply Deficiency in that Quarter multiplied by Ten percent (10%) of the arithmetic average Sales Gas price in USD/MMBTU on GCV basis during the Term of the Agreementthat Quarter. The rate of exchange to be applied to convert the Price adjustment amount calculated in USD to INR shall be as per Clause 10.5. The Quarterly Price Adjustment shall be Buyer’s sole remedy for Sellers’ failure to make available Sales Gas available for delivery under this Agreement. (b) The credit note issued in lieu of Quarterly Price adjustment shall be set off against the value of invoice for the quantities off-taken by the Buyer in the same invoiceQuarter or subsequent Quarters, or in case there is no quantities off-taken by the Buyer, the Quarterly price adjustment shall be paid to the Buyer. Applicable sales tax will also be adjusted through credit note issued.

Appears in 2 contracts

Samples: Gas Sale Agreement, Gas Sale Agreement

Shortfall Gas and Price Adjustment. (a) During the Term of the Agreement, if the Sellers fail to supply Ninety percent (90%) of the CQ for reasons other than the sum of the following quantities for each Day during the Term of the Agreement: (i) any quantity of gas up to the DCQ for the relevant Day that Sellers failed to supply due to Force Majeure of Parties; (ii) any quantity of Gas up to the DCQ for the Days on which the Sellers fail to supply or the Buyer fails to offtake for reasons not attributable to the Sellers during the Term of the Agreement then, the positive difference, if any, between Ninety percent (90%) of the CQ (after adjusting quantities of Gas under Clause 4.5 (a) (i), (ii)) and the quantity of Sales Gas supplied by the Sellers during the Term of the Agreement shall be classified as the “Sellers Supply Deficiency”. The Sellers shall provide the discount to the Buyer by way of credit note on the Sellers Supply Deficiency within the Term of the Agreement (“Price Adjustment”). The Price Adjustment for any Month shall be an amount equal to Sellers Supply Deficiency multiplied by Ten percent (10%) of the arithmetic average Sales Gas price in USD/MMBTU on GCV basis during the Term of the Agreement. The rate of exchange to be applied to convert the Price adjustment amount calculated in USD to INR shall be as per Clause 10.5. The Price Adjustment shall be Buyer’s sole remedy for Sellers’ failure to make available Sales Gas available for delivery under this Agreement. (b) The credit note issued in lieu of Price adjustment shall be set off against the value of invoice for the quantities off-taken by the Buyer in the same invoice, or in case there is no quantities off-taken by the Buyer, the price adjustment shall be paid to the Buyer. Applicable sales tax will also be adjusted through credit note issued.

Appears in 1 contract

Samples: Gas Sale Agreement

Shortfall Gas and Price Adjustment. (a) During the Term of the Agreement4.5.1 In any Month, if the Sellers fail to supply Ninety Eighty percent (9080%) of the CQ MCQ for reasons other than the sum of the following quantities for each Day during the Term of the Agreementsuch Contract Month: (i) any quantity of gas up to the DCQ for the relevant Day that Sellers failed to supply due to Force Majeure of Parties; (ii) any quantity of Gas up to the DCQ for the Days on which the Sellers fail to supply or the Buyer fails to offtake for reasons not attributable to the Sellers during the Term of the Agreement that Month then, the positive difference, if any, between Ninety Eighty percent (9080%) of the CQ MCQ (after adjusting quantities of Gas under Clause 4.5 (a) 4.5.1 (i), (ii)) and the quantity of Sales Gas supplied by the Sellers during the Term of the Agreement Month shall be classified as the “Monthly Sellers Supply Deficiency”. The Sellers shall provide the discount to the Buyer by way of credit note on the Monthly Sellers Supply Deficiency within the Term of the Agreement in that Month (“Monthly Price Adjustment”). The Monthly Price Adjustment for any Month shall be an amount equal to Monthly Sellers Supply Deficiency in that Month multiplied by Ten percent (10%) of the arithmetic average Sales Gas price in USD/MMBTU on GCV basis during the Term of the Agreementthat Month. The rate of exchange to be applied to convert the Price adjustment amount calculated in USD to INR shall be as per Clause 10.5. The Monthly Price Adjustment shall be Buyer’s sole remedy for Sellers’ failure to make available Sales Gas available for delivery under this Agreement. (b) 4.5.2 The credit note issued in lieu of Monthly Price adjustment shall be set off against the value of invoice for the quantities off-taken by the Buyer in the same invoiceMonth or subsequent Months, or in case there is no quantities off-taken by the Buyer, the Monthly price adjustment shall be paid to the Buyer. Applicable sales tax will also be adjusted through credit note issued.

Appears in 1 contract

Samples: Gas Sale Agreement

Shortfall Gas and Price Adjustment. (a) During the Term of the AgreementIn any Quarter, if the Sellers fail to supply Ninety Eighty percent (9080%) of the CQ QCQ for reasons other than the sum of the following quantities for each Day during the Term of the Agreementsuch Contract Quarter: (i) any quantity of gas up to the DCQ for the relevant Day that Sellers failed to supply due to Force Majeure of Parties; (ii) any quantity of Gas up to the DCQ for the relevant Day which a Party did not nominate or schedule due to Planned Maintenance of Parties, subject to Clause 12 of the Agreement; (iii) any quantity of Gas up to the DCQ for the Days on which the Sellers fail to supply or the Buyer fails to offtake for reasons not attributable to the Sellers during the Term of the Agreement that Quarter; then, the positive difference, if any, between Ninety Eighty percent (9080%) of the CQ QCQ (after adjusting quantities of Gas under Clause 4.5 (a) (i), (ii) and (iii)) and the quantity of Sales Gas supplied by the Sellers during the Term of the Agreement Quarter shall be classified as the “Quarterly Sellers Supply Deficiency”. The Sellers shall provide the discount to the Buyer by way of credit note on the Quarterly Sellers Supply Deficiency within the Term of the Agreement in that Quarter (“Quarterly Price Adjustment”). The Quarterly Price Adjustment for any Quarter shall be an amount equal to Quarterly Sellers Supply Deficiency in that Quarter multiplied by Ten percent (10%) of the arithmetic average Sales Gas price in USD/MMBTU on GCV basis during the Term of the Agreementthat Quarter. The rate of exchange to be applied to convert the Price adjustment amount calculated in USD to INR shall be as per Clause 10.5. The Quarterly Price Adjustment shall be Buyer’s sole remedy for Sellers’ failure to make available Sales Gas available for delivery under this Agreement. (b) The credit note issued in lieu of Quarterly Price adjustment shall be set off against the value of invoice for the quantities off-taken by the Buyer in the same invoiceQuarter or subsequent Quarter, or in case there is no quantities off-taken by the Buyer, the Quarterly price adjustment shall be paid to the Buyer. Applicable sales tax will also be adjusted through credit note issued.

Appears in 1 contract

Samples: Gas Sale Agreement

Shortfall Gas and Price Adjustment. (a) During the Term of the Agreement, if the Sellers fail to supply Ninety Eighty percent (9080%) of the CQ for reasons other than the sum of the following quantities for each Day during the Term of the Agreement: (i) any quantity of gas up to the DCQ for the relevant Day that Sellers failed to supply due to Force Majeure of Parties; (ii) any quantity of Gas up to the DCQ for the Days on which the Sellers fail to supply or the Buyer fails to offtake for reasons not attributable to the Sellers during the Term of the Agreement then, the positive difference, if any, between Ninety Eighty percent (9080%) of the CQ (after adjusting quantities of Gas under Clause 4.5 (a) (i), (ii)) and the quantity of Sales Gas supplied by the Sellers during the Term of the Agreement shall be classified as the “Sellers Supply Deficiency”. The Sellers shall provide the discount to the Buyer by way of credit note on the Sellers Supply Deficiency within the Term of the Agreement (“Price Adjustment”). The Price Adjustment shall be an amount equal to Sellers Supply Deficiency multiplied by Ten percent (10%) of the arithmetic average Sales Gas price in USD/MMBTU on GCV basis during the Term of the Agreement. The rate of exchange to be applied to convert the Price adjustment amount calculated in USD to INR shall be as per Clause 10.5. The Price Adjustment shall be Buyer’s sole remedy for Sellers’ failure to make available Sales Gas available for delivery under this Agreement. (b) The credit note issued in lieu of Price adjustment shall be set off against the value of invoice for the quantities off-taken by the Buyer in the same invoice, or in case there is no quantities off-taken by the Buyer, the price adjustment shall be paid to the Buyer. Applicable sales tax will also be adjusted through credit note issued.

Appears in 1 contract

Samples: Gas Sale Agreement

Shortfall Gas and Price Adjustment. (a) During the Term of the this Agreement, if the Sellers fail to supply Eighty Ninety percent (90890%) of the CQ for reasons other than the sum of the following quantities for each Day during the Term of the this Agreement: (i) any quantity of gas up to the DCQ for the relevant Day that Sellers failed to supply due to Force Majeure of Parties; (ii) any quantity of Gas up to the DCQ for the Days on which the Sellers fail to supply or the Buyer fails to offtake for reasons not attributable to the Sellers during the Term of the this Agreement then, the positive difference, if any, between Ninety EightyNinety percent (90890%) of the CQ (after adjusting quantities of Gas under Clause 4.5 (a) (i), (ii)) and the quantity of Sales Gas supplied by the Sellers during the Term of the this Agreement shall be classified as the “Sellers Supply Deficiency”. The Sellers shall provide the discount to the Buyer by way of credit note on the Sellers Supply Deficiency within during the Term term of the Agreement (“Price Adjustment”). The Price Adjustment for any Month shall be an amount equal to Sellers Supply Deficiency in that period multiplied by Ten percent (10%) of the arithmetic average Sales Gas price in USD/MMBTU on GCV basis during the Term of the Agreement. The rate of exchange to be applied to convert the Price adjustment amount calculated in USD to INR shall be as per Clause 10.5. The Price Adjustment shall be Buyer’s sole remedy for Sellers’ failure to make available Sales Gas available for delivery under this Agreement. (b) The credit note issued in lieu of Price adjustment shall be set off against the value of invoice for the quantities off-taken by the Buyer in the same invoicesubsequent Months, or in case there is no quantities off-taken by the Buyer, the price adjustment shall be paid to the Buyer. Applicable sales tax will also be adjusted through credit note issued.

Appears in 1 contract

Samples: Gas Sale Agreement

Shortfall Gas and Price Adjustment. (a) During the Term of the Agreement, if the Sellers fail to supply Ninety Eighty percent (9080%) of the CQ for reasons other than the sum of the following quantities for each Day during the Term of the Agreement: (i) any quantity of gas up to the DCQ for the relevant Day that Sellers failed to supply due to Force Majeure of Parties; (ii) any quantity of Gas up to the DCQ for the Days on which the Sellers fail to supply or the Buyer fails to offtake for reasons not attributable to the Sellers during the Term of the Agreement then, the positive difference, if any, between Ninety Eighty percent (9080%) of the CQ (after adjusting quantities of Gas under Clause 4.5 (a) (i), (ii)) and the quantity of Sales Gas supplied by the Sellers during the Term of the Agreement shall be classified as the “Sellers Supply Deficiency”. The Sellers shall provide the discount to the Buyer by way of credit note on the Sellers Supply Deficiency within the Term of the Agreement (“Price Adjustment”). The Price Adjustment for any Month shall be an amount equal to Sellers Supply Deficiency multiplied by Ten percent (10%) of the arithmetic average Sales Gas price in USD/MMBTU on GCV basis during the Term of the Agreement. The rate of exchange to be applied to convert the Price adjustment amount calculated in USD to INR shall be as per Clause 10.5. The Price Adjustment shall be Buyer’s sole remedy for Sellers’ failure to make available Sales Gas available for delivery under this Agreement. (b) The credit note issued in lieu of Price adjustment shall be set off against the value of invoice for the quantities off-taken by the Buyer in the same invoice, or in case there is no quantities off-taken by the Buyer, the price adjustment shall be paid to the Buyer. Applicable sales tax will also be adjusted through credit note issued.

Appears in 1 contract

Samples: Gas Sale Agreement

Shortfall Gas and Price Adjustment. (a) During the Term of the AgreementIn any Month, if the Sellers fail to supply Ninety Eighty percent (9080%) of the CQ MCQ for reasons other than the sum of the following quantities for each Day during the Term of the Agreementsuch Contract Month: (i) any quantity of gas up to the DCQ for the relevant Day that Sellers failed to supply due to Force Majeure of Parties; (ii) any quantity of Gas up to the DCQ for the relevant Day which a Party did not nominate or schedule due to Planned Maintenance of Parties, subject to Clause 12 of the Agreement; (iii) any quantity of Gas up to the DCQ for the Days on which the Sellers fail to supply or the Buyer fails to offtake for reasons not attributable to the Sellers during the Term of the Agreement that Month; then, the positive difference, if any, between Ninety Eighty percent (9080%) of the CQ MCQ (after adjusting quantities of Gas under Clause 4.5 (a) (i), (ii) and (iii)) and the quantity of Sales Gas supplied by the Sellers during the Term of the Agreement Quarter shall be classified as the “Monthly Sellers Supply Deficiency”. The Sellers shall provide the discount to the Buyer by way of credit note on the Monthly Sellers Supply Deficiency within the Term of the Agreement in that Month (“Monthly Price Adjustment”). The Monthly Price Adjustment for any Month shall be an amount equal to Monthly Sellers Supply Deficiency in that Month multiplied by Ten percent (10%) of the arithmetic average Sales Gas price in USD/MMBTU on GCV basis during the Term of the Agreementthat Month. The rate of exchange to be applied to convert the Price adjustment amount calculated in USD to INR shall be as per Clause 10.5. The Monthly Price Adjustment shall be Buyer’s sole remedy for Sellers’ failure to make available Sales Gas available for delivery under this Agreement. (b) The credit note issued in lieu of Monthly Price adjustment shall be set off against the value of invoice for the quantities off-taken by the Buyer in the same invoiceMonth or subsequent Month, or in case there is no quantities off-taken by the Buyer, the Monthly price adjustment shall be paid to the Buyer. Applicable sales tax will also be adjusted through credit note issued.

Appears in 1 contract

Samples: Gas Sale Agreement

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Shortfall Gas and Price Adjustment. (a) During the Term of the Agreement4.5.1 In any Quarter, if the Sellers fail to supply Ninety Eighty percent (9080%) of the CQ QSQ for reasons other than the sum of the following quantities for each Day during the Term of the Agreementsuch Contract Quarter: (i) any quantity of gas up to the DCQ BNQ for the relevant Day that Sellers failed to supply due to Force Majeure of Parties; (ii) any quantity of Gas up to the DCQ BNQ for the Days on which the Sellers fail to supply or the Buyer fails to offtake for reasons not attributable to the Sellers during the Term of the Agreement that Quarter; then, the positive difference, if any, between Ninety Eighty percent (9080%) of the CQ QSQ (after adjusting quantities of Gas under Clause 4.5 (a) 4.5.1 (i), (ii)) and the quantity of Sales Gas supplied by the Sellers during the Term of the Agreement Quarter shall be classified as the “Quarterly Sellers Supply Deficiency”. The Sellers shall provide the discount to the Buyer by way of credit note on the Quarterly Sellers Supply Deficiency within the Term of the Agreement in that Quarter (“Quarterly Price Adjustment”). The Quarterly Price Adjustment for any Quarter shall be an amount equal to Quarterly Sellers Supply Deficiency in that Quarter multiplied by Ten percent (10%) of the arithmetic average Sales Gas price in USD/MMBTU on GCV basis during the Term of the Agreementthat Quarter. The rate of exchange to be applied to convert the Price adjustment amount calculated in USD to INR shall be as per Clause 10.5. The Quarterly Price Adjustment shall be Buyer’s sole remedy for Sellers’ failure to make available Sales Gas available for delivery under this Agreement. (b) 4.5.2 The credit note issued in lieu of Quarterly Price adjustment shall be set off against the value of invoice for the quantities off-taken by the Buyer in the same invoiceQuarter or subsequent Quarters, or in case there is no quantities off-taken by the Buyer, the Quarterly price adjustment shall be paid to the Buyer. Applicable sales tax will also be adjusted through credit note issued.

Appears in 1 contract

Samples: Gas Sales Agreement

Shortfall Gas and Price Adjustment. (a) During the Term of the this Agreement, if the Sellers fail to supply Ninety Eighty percent (9080%) of the CQ for reasons other than the sum of the following quantities for each Day during the Term of the this Agreement: (i) any quantity of gas up to the DCQ for the relevant Day that Sellers failed to supply due to Force Majeure of Parties; (ii) any quantity of Gas up to the DCQ for the Days on which the Sellers fail to supply or the Buyer fails to offtake for reasons not attributable to the Sellers during the Term of the this Agreement then, the positive difference, if any, between Ninety Eighty percent (9080%) of the CQ (after adjusting quantities of Gas under Clause 4.5 (a) (i), (ii)) and the quantity of Sales Gas supplied by the Sellers during the Term of the this Agreement shall be classified as the “Sellers Supply Deficiency”. The Sellers shall provide the discount to the Buyer by way of credit note on the Sellers Supply Deficiency within during the Term term of the Agreement (“Price Adjustment”). The Price Adjustment for any Month shall be an amount equal to Sellers Supply Deficiency in that period multiplied by Ten percent (10%) of the arithmetic average Sales Gas price in USD/MMBTU on GCV basis during the Term of the Agreement. The rate of exchange to be applied to convert the Price adjustment amount calculated in USD to INR shall be as per Clause 10.5. The Price Adjustment shall be Buyer’s sole remedy for Sellers’ failure to make available Sales Gas available for delivery under this Agreement. (b) The credit note issued in lieu of Price adjustment shall be set off against the value of invoice for the quantities off-taken by the Buyer in the same invoicesubsequent Months, or in case there is no quantities off-taken by the Buyer, the price adjustment shall be paid to the Buyer. Applicable sales tax will also be adjusted through credit note issued.

Appears in 1 contract

Samples: Gas Sale Agreement

Shortfall Gas and Price Adjustment. (a) During the Term of the this Agreement, if the Sellers fail to supply Ninety percent (90%) of the CQ for reasons other than the sum of the following quantities for each Day during the Term of the this Agreement: (i) any quantity of gas up to the DCQ for the relevant Day that Sellers failed to supply due to Force Majeure of Parties; (ii) any quantity of Gas up to the DCQ for the Days on which the Sellers fail to supply or the Buyer fails to offtake for reasons not attributable to the Sellers during the Term of the this Agreement then, the positive difference, if any, between Ninety percent (90%) of the CQ (after adjusting quantities of Gas under Clause 4.5 (a) (i), (ii)) and the quantity of Sales Gas supplied by the Sellers during the Term of the this Agreement shall be classified as the “Sellers Supply Deficiency”. The Sellers shall provide the discount to the Buyer by way of credit note on the Sellers Supply Deficiency within during the Term term of the Agreement (“Price Adjustment”). The Price Adjustment for any Month shall be an amount equal to Sellers Supply Deficiency in that period multiplied by Ten percent (10%) of the arithmetic average Sales Gas price in USD/MMBTU on GCV basis during the Term of the Agreement. The rate of exchange to be applied to convert the Price adjustment amount calculated in USD to INR shall be as per Clause 10.5. The Price Adjustment shall be Buyer’s sole remedy for Sellers’ failure to make available Sales Gas available for delivery under this Agreement. (b) The credit note issued in lieu of Price adjustment shall be set off against the value of invoice for the quantities off-taken by the Buyer in the same invoicesubsequent Months, or in case there is no quantities off-taken by the Buyer, the price adjustment shall be paid to the Buyer. Applicable sales tax will also be adjusted through credit note issued.

Appears in 1 contract

Samples: Gas Sale Agreement

Shortfall Gas and Price Adjustment. (a) During the Term of the Agreement, if the Sellers fail to supply Eighty Ninety percent (90890%) of the CQ for reasons other than the sum of the following quantities for each Day during the Term of the Agreement: (i) any quantity of gas up to the DCQ for the relevant Day that Sellers failed to supply due to Force Majeure of Parties; (ii) any quantity of Gas up to the DCQ for the Days on which the Sellers fail to supply or the Buyer fails to offtake for reasons not attributable to the Sellers during the Term of the Agreement then, the positive difference, if any, between Eighty Ninety percent (90890%) of the CQ (after adjusting quantities of Gas under Clause 4.5 (a) (i), (ii)) and the quantity of Sales Gas supplied by the Sellers during the Term of the Agreement shall be classified as the “Sellers Supply Deficiency”. The Sellers shall provide the discount to the Buyer by way of credit note on the Sellers Supply Deficiency within the Term of the Agreement (“Price Adjustment”). The Price Adjustment for any Month shall be an amount equal to Sellers Supply Deficiency multiplied by Ten percent (10%) of the arithmetic average Sales Gas price in USD/MMBTU on GCV basis during the Term of the Agreement. The rate of exchange to be applied to convert the Price adjustment amount calculated in USD to INR shall be as per Clause 10.5. The Price Adjustment shall be Buyer’s sole remedy for Sellers’ failure to make available Sales Gas available for delivery under this Agreement. (b) The credit note issued in lieu of Price adjustment shall be set off against the value of invoice for the quantities off-taken by the Buyer in the same invoice, or in case there is no quantities off-taken by the Buyer, the price adjustment shall be paid to the Buyer. Applicable sales tax will also be adjusted through credit note issued.

Appears in 1 contract

Samples: Gas Sale Agreement

Shortfall Gas and Price Adjustment. (a) During the Term of the AgreementIn any Quarter, if the Sellers fail to supply Ninety Eighty percent (9080%) of the CQ QCQ for reasons other than the sum of the following quantities for each Day during the Term of the Agreementsuch Contract Quarter: (i) any quantity of gas up to the DCQ for the relevant Day that Sellers failed to supply due to Force Majeure of Parties; (ii) any quantity of gas up to the DCQ for the relevant Day which a Party did not nominate or schedule due to Planned Maintenance of Parties, subject to Clause 12 of the Agreement; (iii) any quantity of Gas up to the DCQ for the Days on which the Sellers fail to supply or the Buyer fails to offtake for reasons not attributable to the Sellers during the Term of the Agreement that Quarter then, the positive difference, if any, between Ninety Eighty percent (9080%) of the CQ QCQ (after adjusting quantities of Gas under Clause 4.5 (a) (i), (ii) and (iii)) and the quantity of Sales Gas supplied by the Sellers during the Term of the Agreement Quarter shall be classified as the “Quarterly Sellers Supply Deficiency”. The Sellers shall provide the discount to issue the Buyer by way of a credit note on the Quarterly Sellers Supply Deficiency within the Term of the Agreement in that Quarter (“Quarterly Price Adjustment”). The Quarterly Price Adjustment for any Quarter shall be an amount equal to Quarterly Sellers Supply Deficiency in that Quarter multiplied by Ten percent (10%) of the arithmetic arithmatic average Sales Gas price in USD/MMBTU on GCV basis during the Term of the Agreementthat Quarter. The rate of exchange to be applied to convert the Price adjustment amount calculated in USD to INR shall be as per Clause 10.5. The Quarterly Price Adjustment shall be Buyer’s sole remedy for Sellers’ failure to make available Sales Gas available for delivery under this Agreement. (b) The credit note issued in lieu of Quarterly Price adjustment shall be set off against the value of invoice for the quantities off-taken by the Buyer in the same invoiceQuarter or subsequent Quarters, or in case there is no quantities off-taken by the Buyer, the Quarterly price adjustment shall be paid to the Buyer. Applicable sales tax will also be adjusted through credit note issued.

Appears in 1 contract

Samples: Gas Sale Agreement

Shortfall Gas and Price Adjustment. (a) During the Term of the Agreement4.5.1 In any Month, if the Sellers fail to supply Ninety Eighty Five percent (9085%) of the CQ MCQ for reasons other than the sum of the following quantities for each Day during the Term of the Agreementsuch Contract Month: (i) any quantity of gas up to the DCQ for the relevant Day that Sellers failed to supply due to Force Majeure of Parties; (ii) any quantity of Gas up to the DCQ for the Days on which the Sellers fail to supply or the Buyer fails to offtake for reasons not attributable to the Sellers during the Term of the Agreement that Month then, the positive difference, if any, between Ninety Eighty Five percent (9085%) of the CQ MCQ (after adjusting quantities of Gas under Clause 4.5 (a) 4.5.1 (i), (ii)) and the quantity of Sales Gas supplied by the Sellers during the Term of the Agreement Month shall be classified as the “Monthly Sellers Supply Deficiency”. The Sellers shall provide the discount to the Buyer by way of credit note on the Monthly Sellers Supply Deficiency within the Term of the Agreement in that Month (“Monthly Price Adjustment”). The Monthly Price Adjustment for any Month shall be an amount equal to Monthly Sellers Supply Deficiency in that Month multiplied by Ten percent (10%) of the arithmetic average Sales Gas price in USD/MMBTU on GCV basis during the Term of the Agreementthat Month. The rate of exchange to be applied to convert the Price adjustment amount calculated in USD to INR shall be as per Clause 10.5. The Monthly Price Adjustment shall be Buyer’s sole remedy for Sellers’ failure to make available Sales Gas available for delivery under this Agreement. (b) 4.5.2 The credit note issued in lieu of Monthly Price adjustment shall be set off against the value of invoice for the quantities off-taken by the Buyer in the same invoiceMonth or subsequent Months, or in case there is no quantities off-taken by the Buyer, the Monthly price adjustment shall be paid to the Buyer. Applicable sales tax will also be adjusted through credit note issued.

Appears in 1 contract

Samples: Gas Sale Agreement

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