Common use of Sources and Mode of Supply Clause in Contracts

Sources and Mode of Supply. The Seller shall endeavor to supply the Contracted Grade of Coal at the Delivery Point. In case the Seller is not in a position to supply the Scheduled Quantity of the Contracted Grade of Coal at the Delivery point on account of Force Majeure Event, the Seller shall have the option to supply the balance quantity of the Contracted Grade or an alternative grade of coal at the secondary source indicated in Annexure III (“Secondary Source”) or from the multiple secondary sources. The balance quantity shall be reckoned in terms of the shortfall in quantity of coal supplied and no adjustment shall be made in such quantity for supply of can alternative grade of coal. Further, in case of supply of coal at the Secondary Source, the Purchaser shall have the option whether or not to accept the supply coal from such secondary source, and shall intimate the Seller of its choice upon being informed by the Seller of proposed supply from the Secondary Source. Additional costs incurred due to supply of coal at the Secondary Source shall be borne by the Purchaser. Flexibility shall be given to the Purchaser to take delivery of the Contracted Grade to change the mode from Rail to Road or vice versa on their request. Willing road customers will be allowed to take coal by RCR mode basing on their necessity. When quantity is shifted from primary source to secondary source and vice versa, the premium will be charged for the customer applicable at the primary source or secondary source whichever is higher.

Sources and Mode of Supply. The Seller shall endeavor to supply the Contracted Grade of Coal at the Delivery Point. In case the Seller is not in a position to supply the Scheduled Quantity of the Contracted Grade of Coal at the Delivery point on account of Force Majeure Event, the Seller shall have the option to supply the balance quantity of the Contracted Grade or an alternative grade of coal at either from the secondary source indicated in Annexure III (“Secondary Source”) or from any other source as per the multiple secondary sourcesnecessity and availability. However, highest premium will be charged among Primary/Secondary/Other Source. The balance quantity shall be reckoned in terms of the shortfall in quantity of coal supplied and no adjustment shall be made in such quantity for supply of can alternative grade of coal. Further, in case of supply of coal at the Secondary Source, the Purchaser shall have the option whether or not to accept the supply coal from such secondary source, and shall intimate the Seller of its choice upon being informed by the Seller of proposed supply from the Secondary Source. Additional costs incurred due to supply of coal at the Secondary Source shall be borne by the Purchaser. If required as per the necessity multiple secondary sources will be included subsequently. Flexibility shall be given to the Purchaser to take delivery of the Contracted Grade to change the mode from Rail to Road or vice versa on their request. Willing road customers will be allowed to take coal by RCR mode basing on their necessity. When quantity is shifted from primary source to secondary source and vice versa, the premium will be charged for the customer applicable at the primary source or secondary source whichever is higher.

Sources and Mode of Supply. The Seller shall endeavor to supply the Contracted Grade of Coal at the Delivery Point. In case the Seller is not in a position to supply the Scheduled Quantity of the Contracted Grade of Coal at the Delivery point on account of Force Majeure Event, the Seller shall have the option to supply the balance quantity of the Contracted Grade or an alternative grade of coal at the secondary source indicated in Annexure III (“Secondary Source”) or from the multiple secondary sourcessources as per the necessity by including in FSA subsequently. however same % of premium will be charged when dispatch point is shifted to secondary source . The balance quantity shall be reckoned in terms of the shortfall in quantity of coal supplied and no adjustment shall be made in such quantity for supply of can alternative grade of coal. Further, in case of supply of coal at the Secondary Source, the Purchaser shall have the option whether or not to accept the supply coal from such secondary source, and shall intimate the Seller of its choice upon being informed by the Seller of proposed supply from the Secondary Source. Additional costs incurred due to supply of coal at the Secondary Source shall be borne by the Purchaser. If required as per the necessity multiple secondary sources will be included subsequently. Flexibility shall be given to the Purchaser to take delivery of the Contracted Grade to change the mode from Rail to Road or vice versa on their request. Willing road customers will be allowed to take coal by RCR mode basing on their necessity. When quantity is shifted from primary source to secondary source and vice versa, the premium will be charged for the customer applicable at the primary source or secondary source whichever is higher.