Common use of SUSPENSION OF COAL SUPPLIES Clause in Contracts

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. 14.1 Notwithstanding other provisions of this Agreement, in the event the Purchaser: (a) fails 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 In the event of any default by the Purchaser in terms of reselling or diverting the Coal (c) in 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 DISCOM(s) have received consistent supply of power from the power producer.producer in case of a direct PPA(s) or from the PTC(s) to whom the power producer has supplied the power to be supplied to the DISCOM(s) under the PPA. The Seller shall have the right to resort to any one or more of the following: (ie) Adjust the outstanding amount against from any amount of the Security Deposit or by invoking the Security Deposit BG maintained in terms of Clause 3 or such portion of it as availablePurchaser lying with Seller including payments made for coal supplies; and/or (iif) 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, outstanding payment has not been fully replenished. adjusted/ paid 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 Depositinterest. 14.4 In the event of suspension of Coal supplies pursuant to the Clause 14.1(b 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 PPA(s) (executed either directly with the DISCOM or through a PTC) 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. 14.1 12.1 Notwithstanding other provisions of this Agreement, in any of the event following events, the PurchaserSeller shall have the rights mentioned in Para 12.2 of this Annexure C: (a) 12.1.1 If the Purchaser fails to pay any amount 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 12.1.2 In the event of any prima facie breach, default or violation by the Purchaser in terms respect of reselling or diverting Clause 4.2 of the CoalDetailed Terms and Conditions of the Fuel Supply Agreement; (c) in 12.1.3 In the event of expiry any prima facie breach, default or violation or intimation from any governmental/statutory authority in relation to any breach, default or violation, by the Purchaser in relation to the terms of validity this Agreement; and/or 12.1.4 In the event of any prima facie breach, default or violation by the Purchaser in respect of Para17.3 of Annexure C. 12.2 The Seller shall have the right to resort to any one or more of the PPAfollowing: (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) 12.2.1 Adjust the outstanding amount against the Performance Security Deposit or by invoking the Performance Security Deposit BG maintained in terms of Clause 3 or such portion of it as availablemay be deemed necessary; 12.2.2 Adjust the outstanding amount from any amount of the Purchaser lying with Seller including payments made for Coal supplies; and/or (ii) 12.2.3 Suspend supplies of Coal to the Purchaser. 14.2 12.3 During the period of suspension of supplies in terms of Clause 14.1 Para 12.1 of this Annexure C, 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 forceforce and effect. 14.3 12.4 In the event of suspension of Coal supplies pursuant to the Clause 14.1(a)this Para, the Seller shall have the right to continue the suspension for as long as the interest- free occurrence of the said breach, default or violation is not duly explained by the Purchaser to the satisfaction of the Seller and the Performance Security Deposit, has not been fully replenished. The Seller shall resume the Contracted Grade of Coal supplies within three 3 (3three) days of payment payment/ adjustment of the outstanding amount together with interest as also the full replenishment of Security DepositPerformance Security. 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. 14.1 Notwithstanding other provisions of this Agreement, in the event the Purchaser: (a) fails 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 In the event of any default by the Purchaser in terms of reselling or diverting the Coal (c) in 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 DISCOM(s) have received consistent supply of power from the power producer.producer in case of a direct PPA(s) or from the PTC(s) to whom the power producer has supplied the power to be supplied to the DISCOM(s) under the PPA. The Seller shall have the right to resort to any one or more of the following: (ie) Adjust Adj ust the outstanding amount against from any amount of the Security Deposit or by invoking the Security Deposit BG maintained in terms of Clause 3 or such portion of it as availablePurchaser lying with Seller including payments made for coal supplies; and/or (iif) 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, outstanding payment has not been fully replenishedadjusted/paid. 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 Depositinterest. 14.4 In the event of suspension of Coal supplies pursuant to the Clause 14.1(b 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 PPA(s) (executed either directly with the DISCOM or through a PTC) 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. 14.1 Notwithstanding other provisions of this Agreement, in the event the Purchaser: (a) fails 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 In the event of any default by the Purchaser in terms of reselling or diverting the Coal (c) in In the event of expiry of validity of the PPA (d) fails Fails to submit a Certificate (annual) from the State / Central Regulatory Authority as the case may be to the effect that the DISCOM has DISCOM(s) have received consistent supply of power from the power producer.producer in case of a direct PPA(s) or from the PTC(s) to whom the power producer has supplied the power to be supplied to the DISCOM(s) under the PPA. . The Seller shall have the right to resort to any one or more of the following: (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 PPA(s) (executed either directly with the DISCOM or through a PTC) 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)