SUSPENSION OF COAL SUPPLIES. 14.1 Notwithstanding other provisions of this Agreement (including Clause 4.3.1, Clause 12.2.4 and Clause 13.2), in the event the Purchaser fails to pay any amount including any interest, due to the Seller under this Agreement within a period of 30 (thirty) days of the same falling due, the Seller shall have the right to resort to any one or more of the following:
(a) adjust the outstanding amount against the Performance Security by invoking the Performance Security or such portion of it as may be deemed necessary;
(b) invoke the Financial Coverage Bank Guarantee or any cash deposit towards the Financial Coverage to the extent available and necessary to meet the outstanding dues; and/or
(c) suspend supplies of the Contracted Grade of Coal to the Purchaser.
14.2 During the period of suspension of supplies in terms of Clause 14.1, the Seller shall be relieved of its obligations to supply the Contracted Grade of Coal to the Purchaser hereunder. However, the obligations of the Purchaser under this Agreement shall be deemed to remain in full force.
14.3 In the event of suspension of Coal supplies pursuant to this Clause, the Seller shall have the right to continue the suspension for as long as the Performance Security or the Financial Coverage, as the case may be, has not been fully replenished. The Seller shall resume the Contracted Grade of Coal supplies within 3 (three) days of payment/ adjustment of the outstanding amount together with interest as also the full replenishment of Performance Security or Financial Coverage, as the case may be.
SUSPENSION OF COAL SUPPLIES. 14.1 Notwithstanding other provisions of this Agreement, in the event the Purchaser:
(a) fails to pay any amount including any interest, due to the Seller under this Agreement within a period of five (5) days of the same falling due.
(b) in the event of any default by the Purchaser in terms of reselling or diverting the Coal
(c) in the event of expiry of validity of the PPA
(d) fails to submit a Certificate (annual) from the State / Central Regulatory Authority as the case may be to the effect that the DISCOM has received consistent supply of power from the power producer.
(i) Adjust the outstanding amount against the Security Deposit or by invoking the Security Deposit BG maintained in terms of Clause 3 or such portion of it as available; and/or
(ii) Suspend supplies of Coal to the Purchaser.
14.2 During the period of suspension of supplies in terms of Clause 14.1 the Seller shall be relieved of his obligations to supply Coal. However, the obligations of the Purchaser under this Agreement shall be deemed to remain in full force.
14.3 In the event of suspension of Coal supplies pursuant to the Clause 14.1(a), the Seller shall have the right to continue the suspension for as long as the interest- free Security Deposit, has not been fully replenished. The Seller shall resume the Coal supplies within three (3) days of payment of the outstanding amount together with interest as full replenishment of Security Deposit.
14.4 In the event of suspension of Coal supplies pursuant to the Clause 14.1(b the Seller shall have the right to continue the suspension of Coal for as long as appropriate arrangements to the satisfaction of the Seller have not been made by the Purchaser to stop the diversion or the re-selling of the Coal.
14.5 In the event of suspension of Coal supplies pursuant to the Clause 14.1(c ) the Seller shall have the right to continue the suspension of Coal for as long as (not exceeding six months) the Purchaser does not submit the renewed/revalidated PPA to the satisfaction of the Seller. The quantity of coal not delivered by the Seller during the period of suspension shall be considered as Deemed Delivered Quantity (DDQ)
SUSPENSION OF COAL SUPPLIES. 13.1 In the event any payment due under this Agreement is not made by the Purchaser by the due date, the Seller shall be entitled to regulate and/or suspend further delivery of Coal till such day the payment as due along with the interest amount is received by the Seller. The quantity of Coal not delivered by the Seller pursuant to such regulation and/or suspension of delivery of Coal shall be the Regulated Quantity Not Supplied (RQNS) and Deemed Delivered Quantity (DDQ) of Coal shall accrue to the Seller for the quantity equal to RQNS.
13.2 In the event the Seller suspends the Coal supplies pursuant to Clause 13.1, during such period that the Coal supplies remain suspended, while the Seller shall be relieved of his obligations under this Agreement, the obligations of the Purchaser under this Agreement shall be deemed to remain in full force. The seller shall however reserve
13.3 The Seller shall resume the Coal supplies within three (3) days of payment of the outstanding amount together with interest.
SUSPENSION OF COAL SUPPLIES. 14.1 In the event any payment due under this Agreement is not made by the Purchaser by the due date, the Seller shall be entitled to regulate and/or suspend further delivery of Coal till such day the payment as due along with the interest amount is received by the Seller. The quantity of Coal not delivered by the Seller pursuant to such regulation and/or suspension of delivery of Coal shall be the Regulated Quantity Not Supplied (RQNS) and Deemed Delivered Quantity (DDQ) of Coal shall accrue to the Seller for the quantity equal to RQNS.
SUSPENSION OF COAL SUPPLIES. 14.1 In the event any payment due under this Agreement is not made by the Purchaser by the due date, the Seller shall be entitled to regulate and/or suspend further delivery of Coal till such day the payment as due along with the interest amount is received by the Seller. The quantity of Coal not delivered by the Seller pursuant to such regulation and/or suspension of delivery of Coal shall be the Regulated Quantity Not Supplied (RQNS) and Deemed Delivered Quantity (DDQ) of Coal shall accrue to the Seller for the quantity equal to RQNS.
14.2 In the event the Seller suspends the Coal supplies pursuant to Clause 14.1, during such period that the Coal supplies remain suspended, while the Seller shall be relieved of his obligations under this Agreement, the obligations of the Purchaser under this Agreement shall be deemed to remain in full force.
14.3 The Seller shall resume the Coal supplies within three (3) days of payment of the outstanding amount together with interest.
14.4 In the event of expiry of validity of the PPA and the renewed/revalidated PPA not submitted before its expiry date, supply of coal shall be suspended and remain under suspension till the renewed/revalidated PPA is submitted. The Quantity during the Suspension period shall be considered as Deemed Delivered Quantity (DDQ)
SUSPENSION OF COAL SUPPLIES. 14.1 Notwithstanding other provisions of this Agreement, in the event the Purchaser fails to pay any amount including any interest, due to the Seller under this Agreement within a period of thirty (30) days of the same falling due, the Seller shall have the right to resort to any one or more of the following:
a) Adjust the outstanding amount against the Security Deposit or by invoking the Security Deposit BG maintained in terms of Clause 3 or such portion of it as available; and/or
b) Invoke the Financial Coverage Bank Guarantee or any cash deposit towards Financial Coverage to the extent available and necessary to meet the outstanding dues; and/ or
c) Suspend supplies of Coal to the Purchaser.
SUSPENSION OF COAL SUPPLIES. 15.1 Notwithstanding other provisions of this Agreement, in the event the Purchaser:
15.1.1 Fails to pay any amount, including any interest, due to the Seller under this Agreement within a period of five (5) days of the same falling due;
15.1.2 In the event of any prima facie breach, default or violation by the Purchaser in respect of Clause 4.2; and/or
15.1.3 In the event of any intimation from any governmental/statutory authority and/or DISCOM in relation to any breach, default or violation arising out of or in relation to any Amended PPA.
15.2 The Seller shall have the right to resort to any one or more of the following:
15.2.1 Adjust the outstanding amount from any amount of the Purchaser lying with Seller including payments made for Coal supplies; and/or
15.2.2 Suspend supplies of Coal to the Purchaser.
15.3 During the period of suspension of supplies in terms of Clause 15.1, the Seller shall be relieved of his obligations to supply Coal. However, the obligations of the Purchaser under this Agreement shall be deemed to remain in full force and effect.
15.4 In the event of suspension of Coal supplies pursuant to Clause 15.1.1, the Seller shall have the right to continue the suspension for as long as the outstanding payment(s) have not been adjusted/paid. The Seller shall resume the Coal supplies within three (3) days of payment of the outstanding amount(s) together with the interest accrued in accordance with this Agreement until the date of actual payment.
15.5 In the event of suspension of Coal supplies pursuant to Clause 15.1.2, the Seller shall have the right to continue the suspension of Coal for as long as the non-occurrence of the said breach, default or violation is not duly explained by the Purchaser to the satisfaction of the Seller.
SUSPENSION OF COAL SUPPLIES. Notwithstanding other provisions of this Agreement, in any of the following events, the Seller shall have the rights as provided in Clause 15.2 below:
SUSPENSION OF COAL SUPPLIES. Notwithstanding other provisions of this Agreement, in any of the following events, the Seller shall have the rights as provided in Clause 15.2below: In the event of any prima facie breach, default or violation by the Purchaser in respect of Clause 4.2; In the event of any intimation from any governmental/statutory authority and/or the Utility in relation to any breach, default or violation arising out of or in relation to the PPA or the BDs In the event of breach of any condition in respect of Clause 22.7; ,Q WKH HYHQW RI VXVSHuQndVerLthRe QPP A,RuInti l thWe KsaHme is6nXot SSOLHU revoked, in accordance with the terms of the PPA;
SUSPENSION OF COAL SUPPLIES. Notwithstanding other provisions of this Agreement, in any of the following events, the Seller shall have the rights as provided in Clause 15.2below: In the event of any prima facie breach, default or violation by the Purchaser in respect of Clause 4.2; In the event of any intimation from any governmental/statutory authority and/or the Utility in relation to any breach, default or violation arising out of or in relation to the PPA or the BDs In the event of breach of any condition in respect of Clause 22.7; In the event of suspension of the Supplier’s rights under the PPA, until the same is not revoked, in accordance with the terms of the PPA;
