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 a Force Majeure Act, the Seller shall have the option to supply the balance quantity of the Contracted Grade of Coal at the secondary source indicated in Annexure III (“Secondary Source”). Further, in case of supply of the Contracted Grade at the Secondary Source, the Purchaser shall accept the Contracted Grade of Coal directly from such Secondary Source. Additional costs incurred due to supply of the Contracted Grade of Coal at the Secondary Source shall be borne by the Purchaser. No flexibility shall be given to the Purchaser to take delivery of the Contracted Grade of Coal through any mode other than the mode specified in Annexure III.

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 a Force Majeure Act, the Seller shall have the option to supply the balance quantity of the Contracted Grade of Coal at the secondary source indicated in Annexure III (“Secondary Source”―Secondary Source‖). Further, in case of supply of the Contracted Grade at the Secondary Source, the Purchaser shall accept the Contracted Grade of Coal directly from such Secondary Source. Additional costs incurred due to supply of the Contracted Grade of Coal at the Secondary Source shall be borne by the Purchaser. No flexibility shall be given to the Purchaser to take delivery of the Contracted Grade of Coal through any mode other than the mode specified in Annexure III.

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 a Force Majeure ActEvent, the Seller shall have the option to supply the balance quantity of the Contracted Grade of Coal at the secondary source indicated in Annexure III (“Secondary Source”). Further, in case of supply of the Contracted Grade at the Secondary Source, the Purchaser shall accept the Contracted Grade of Coal directly from such Secondary Source. Additional costs incurred due to supply of the Contracted Grade of Coal at the Secondary Source shall be borne by the Purchaser. No flexibility shall be given to the Purchaser to take delivery of the Contracted Grade of Coal through any mode other than the mode specified in Annexure III.