Common use of Sources of Supply Clause in Contracts

Sources of Supply. 3.3.1 The Seller shall endeavor to supply Coal from own sources as mentioned in Schedule I. In case the Seller is not in a position to supply the Scheduled Quantity (SQ) of Coal from such sources as indicated in Schedule I, the Seller shall have the option to supply the balance quantity of Coal through import which shall not, unless otherwise agreed between the parties, exceed 15% of the ACQ in the year 2012-13 ,13-14 and 14-15, 13% of ACQ in the year 2015-16 and 5% of the ACQ for the year 2016-17 and onwards. Seller may at its discretion, make such arrangement for supply of imported coal through CIL, and /or other enterprises. Accordingly, the Purchaser has to enter into a Side Agreement with CIL and/or Seller, as the case may be, in addition to this Agreement. The Side Agreement dealing with the terms and conditions for supply of Imported Coal would be an integral part of this Agreement. 3.3.2 For supply of coal through import as stated in clause 3.3.1 above, the Purchaser shall agreeto have back to back arrangements, if so required, with the Importing agency (ies) to be notified by the Seller/CILand deposit 100% of payable amount in advance. The commercial terms and conditions for such supply shall be regulated as per the Side Agreement. 3.3.3 The Seller may also offer coal from loading points/coal stocks to be lifted by the Purchaser by his/their own transport arrangement by road/road-cum-rail or any other mode up to 5 % of the ACQ. The provision shall however be applicable for supplies of coal under the Agreement from collieries of three coal producing subsidiaries of CIL viz. SECL, MCL and CCL. Further the provision shall continue till such time three major railway lines in these coal companies are constructed and made operational. 3.3.4 CIL reserves the right to transfer part of the ACQ from the Seller to another coal producing company (Subsidiary of CIL) based on the proposal received from the Seller, which would be binding on the Purchaser.

Sources of Supply. 3.3.1 The Seller shall endeavor to supply Coal from own sources as mentioned in Schedule I. In case the Seller is not in a position to supply the Scheduled Quantity (SQ) of Coal from such sources as indicated in Schedule I, the Seller shall have the option to supply the balance quantity of Coal through import which shall not, unless otherwise agreed between the parties, exceed 15% of the ACQ in the year 2012-13 ,13-14 and 14-15, 13% of ACQ in the year 2015-16 and 5% of the ACQ for the year 2016-17 and onwards. Seller may at its discretion, make such arrangement for supply of imported coal through CIL, and /or other enterprises. Accordingly, the Purchaser has to enter into a Side Agreement with CIL and/or Seller, as the case may be, in addition to this Agreement. The Side Agreement dealing with the terms and conditions for supply of Imported Coal would be an integral part of this Agreement. 3.3.2 For supply of coal through import as stated in clause 3.3.1 above, the Purchaser shall agreeto agree to have back to back arrangements, if so required, with the Importing agency (ies) to be notified by the Seller/CILand CIL and deposit 100% of payable amount in advance. The commercial terms and conditions for such supply shall be regulated as per the Side Agreement. 3.3.3 The Seller may also offer coal from loading points/coal stocks to be lifted by the Purchaser by his/their own transport arrangement by road/road-cum-rail or any other mode up to 5 % of the ACQ. The provision shall however be applicable for supplies of coal under the Agreement from collieries of three coal producing subsidiaries of CIL viz. SECL, MCL and CCL. Further the provision shall continue till such time three major railway lines in these coal companies are constructed and made operational. 3.3.4 CIL reserves the right to transfer part of the ACQ from the Seller to another coal producing company (Subsidiary of CIL) based on the proposal received from the Seller, which would be binding on the Purchaser.

Sources of Supply. 3.3.1 4.3.1 The Seller shall endeavor to supply Coal from own sources as mentioned in Schedule I. In case the Seller is not in a position to supply the Scheduled Quantity (SQ) of Coal from such sources as indicated in Schedule I, the Seller shall have have, the option to supply the balance quantity of Coal through import which shall not, unless otherwise agreed between the parties, exceed 15% of the ACQ in the year 2012-13 ,13-14 and 14-15, 1310% of ACQ in the year 2015-16 and 5% of the ACQ for the year 2016-17 and onwards. Seller may at its discretion, make such arrangement for supply of imported coal through CIL, and /or other enterprises. Accordingly, the Purchaser has to enter into a Side Agreement with CIL and/or Seller, as the case may be, in addition to this Agreement. The Side Agreement dealing with the terms and conditions for supply of Imported Coal would be an integral part of this Agreement. 3.3.2 4.3.2 For supply of coal through import import, as stated in clause 3.3.1 4.3.1 above, the Purchaser shall agreeto agree to have back to back arrangements, if so required, required with the Importing agency (iesagency(ies) to be notified by the Seller/CILand CIL and deposit 100% of payable amount in advance. The commercial terms and conditions for such supply shall be regulated as per the Side Agreement. 3.3.3 4.3.3 The Seller may also offer coal from loading points/points / coal stocks to be lifted by the Purchaser by his/his/ their own transport arrangement by road/road / road-cum-rail or any other mode up to 5 5% of the ACQ. The provision shall however be applicable for supplies of coal under the Agreement from collieries of three coal producing subsidiaries of CIL viz. SECL, MCL and CCL. Further the provision shall continue till such time three major railway lines in these coal companies are constructed and made operational. 3.3.4 4.3.4 CIL reserves the right to transfer part of the ACQ from the Seller to another coal producing company (Subsidiary of CIL) based on the proposal received from the Seller, which would be binding on the Purchaser.

Sources of Supply. 3.3.1 The Seller shall endeavor to supply Coal from own sources as mentioned in Schedule I. In case the Seller is not in a position to supply the Scheduled Quantity (SQ) of Coal from such sources as indicated in Schedule I, the Seller shall have the option to supply the balance quantity of Coal through import which shall not, unless otherwise agreed between the parties, exceed 15% of the ACQ in the year 2012-13 ,13-14 and 14-15, 13% of ACQ in the year 2015-16 and 5% of the ACQ for the year 2016-17 and onwards. Seller may at its discretion, make such arrangement for supply of imported coal through through, CIL, and /or other enterprises. Accordingly, the Purchaser has to enter into a ‘Side Agreement Agreement’ with CIL and/or the Seller, as the case may be, in addition to this Agreement. The ‘Side Agreement Agreement’ dealing with the terms and conditions for supply of Imported Coal imported coal would be an integral part of this Agreement. 3.3.2 For supply of coal through import as stated in clause 3.3.1 above, the Purchaser shall agreeto agree to have back to back arrangementsarrangements , if so required, with the Importing agency (iesagency(ies) to be notified by the Seller/CILand CIL and deposit 100% of payable amount in advance. The commercial terms and conditions for such supply shall be regulated as per the Side Agreement. 3.3.3 The Seller may also offer coal from loading points/points / coal stocks to be lifted by the Purchaser by his/his/ their own transport arrangement by road/road / road-cum-rail or any other mode up to 5 % of the ACQ. The provision shall however be applicable for supplies of coal under the Agreement from collieries of three coal producing subsidiaries of CIL viz. SECL, MCL and CCL. Further the provision shall continue till such time three major railway lines in these coal companies are constructed and made operational. 3.3.4 CIL reserves the right to transfer part of the ACQ from the Seller to another coal producing company (Subsidiary of CIL) based on the proposal received from the Seller, which would be binding on the Purchaser.

Sources of Supply. 3.3.1 4.3.1 The Seller shall endeavor to supply Coal from own sources as mentioned in Schedule I. In case the Seller is not in a position to supply the Scheduled Quantity (SQ) of Coal from such sources as indicated in Schedule I, the Seller shall have the option to supply the balance quantity of Coal through import which shall not, unless otherwise agreed between the parties, exceed 15% of the ACQ in the year 2012-13 ,13-14 and 14-15, 13% of ACQ in the year 2015-16 and 5% of the ACQ for the year 2016-17 and onwards. Seller may at its discretion, make such arrangement for supply of imported coal through CIL, and /or other enterprises. Accordingly, the Purchaser has to enter into a Side Agreement with CIL and/or Seller, as the case may be, in addition to this Agreement. The Side Agreement dealing with the terms and conditions for supply of Imported Coal would be an integral part of this Agreement. 3.3.2 4.3.2 For supply of coal through import as stated in clause 3.3.1 4.3.1 above, the Purchaser shall agreeto agree to have back to back arrangements, if so required, required with the Importing agency (ies) to be notified by the Seller/CILand CIL and deposit 100% of payable amount in advance. The commercial terms and conditions for such supply shall be regulated as per the Side Agreement. 3.3.3 4.3.3 The Seller may also offer coal from loading points/points / coal stocks to be lifted by the Purchaser by his/his/ their own transport arrangement by road/road / road-cum-rail or any other mode up to 5 % of the ACQ. The provision shall however be applicable for supplies of coal under the Agreement from collieries of three coal producing subsidiaries of CIL viz. SECL, MCL and CCL. Further the provision shall continue till such time three major railway lines in these coal companies are constructed and made operational. 3.3.4 4.3.4 CIL reserves the right to transfer part of the ACQ from the Seller to another coal producing company (Subsidiary of CIL) based on the proposal received from the Seller, which would be binding on the Purchaser.

Sources of Supply. 3.3.1 The Seller shall endeavor to supply Coal from own sources as mentioned in Schedule I. In case the Seller is not in a position to supply the Scheduled Quantity (SQ) of Coal from such sources as indicated in Schedule I, the Seller shall have the option to supply the balance quantity of Coal through import which shall not, unless otherwise agreed between the parties, exceed 15% of the ACQ in the year 2012-13 ,13-14 and 14-15, 1310% of ACQ in the year 2015-16 and 5% of the ACQ for the year 2016-17 and onwards. Seller may at its discretion, make such arrangement for supply of imported coal through through, CIL, and /or other enterprises. Accordingly, the Purchaser has to enter into a ‘Side Agreement Agreement’ with CIL and/or the Seller, as the case may be, in addition to this Agreement. The ‘Side Agreement Agreement’ dealing with the terms and conditions for supply of Imported Coal imported coal would be an integral part of this Agreement. 3.3.2 For supply of coal through import as stated in clause 3.3.1 above, the Purchaser shall agreeto agree to have back to back arrangements, if so required, with the Importing agency (iesagency(ies) to be notified by the Seller/CILand CIL and deposit 100% of payable amount in advance. The commercial terms and conditions for such supply shall be regulated as per the Side Agreement. 3.3.3 The Seller may also offer coal from loading points/points / coal stocks to be lifted by the Purchaser by his/his/ their own transport arrangement by road/road / road-cum-rail or any other mode up to 5 5% of the ACQ. The provision shall however be applicable for supplies of coal under the Agreement from collieries of three coal producing subsidiaries of CIL viz. SECL, MCL and CCL. Further the provision shall continue till such time three major railway lines in these coal companies are constructed and made operational. 3.3.4 CIL reserves the right to transfer part of the ACQ from the Seller to another coal producing company (Subsidiary of CIL) based on the proposal received from the Seller, which would be binding on the Purchaser.

Sources of Supply. 3.3.1 4.3.1 The Seller shall endeavor to supply Coal from own sources as mentioned in Schedule I. In case the Seller is not in a position to supply the Scheduled Quantity (SQ) of Coal from such sources as indicated in Schedule I, the Seller shall have the option to supply the balance quantity of Coal through import which shall not, unless otherwise agreed between the parties, exceed 15% of the ACQ in the year 2012-13 ,13-14 and 14-15, 13% of ACQ in the year 2015-16 and 5% of the ACQ for the year 2016-17 and onwards. Seller may at its discretion, make such arrangement for supply of imported coal through CIL, and /or other enterprises. Accordingly, the Purchaser has to enter into a Side Agreement with CIL and/or Seller, as the case may be, in addition to this Agreement. The Side Agreement dealing with the terms and conditions for supply of Imported Coal would be an integral part of this Agreement. 3.3.2 4.3.2 For supply of coal through import as stated in clause 3.3.1 4.3.1 above, the Purchaser shall agreeto agree to have back to back arrangements, if so required, with the Importing agency (ies) to be notified by the Seller/CILand CIL and deposit 100% of payable amount in advance. The commercial terms and conditions for such supply shall be regulated as per the Side Agreement. 3.3.3 4.3.3 The Seller may also offer coal from loading points/coal stocks to be lifted by the Purchaser by his/their own transport arrangement by road/road-cum-rail or any other mode up to 5 % of the ACQ. The provision shall however be applicable for supplies of coal under the Agreement from collieries of three coal producing subsidiaries of CIL viz. SECL, MCL and CCL. Further the provision shall continue till such time three major railway lines in these coal companies are constructed and made operational. 3.3.4 4.3.4 CIL reserves the right to transfer part of the ACQ from the Seller to another coal producing company (Subsidiary of CIL) based on the proposal received from the Seller, which would be binding on the Purchaser.