Common use of Testing of Coal Clause in Contracts

Testing of Coal. ‌ 23.2.1 For determining that the Coal Delivered conforms to the Specifications and Standards, the Coal Tests shall be conducted at the Delivery Point by an independent laboratory accredited to the National Accreditation Board of Laboratories, as selected and notified by the Authority to the Mine Operator (the "Independent Laboratory"). The Coal Tests shall be carried out in the presence of the representatives of the Authorityand the Mine Operator and such representatives shall sign the results of the Coal Tests. A copy of the reports of all such Coal Tests shall be provided to the Authority and the Mine Operator forthwith. 23.2.2 The results of the Coal Tests shall be final and binding on the Mine Operator and the Authority. 23.2.3 If the results of the Coal Tests conducted at the Delivery Point indicate a deterioration in grade from the Declared Grade (the “Grade Slippage”), then the Mine Operator shall indemnify and shall be liable to forthwith pay to the Authority, an amount equivalent to [●] on account of such Grade Slippage, as Damages.24 23.2.4 In the event the results of any of the Coal Tests conducted at the Delivery Point indicate a Grade Slippage for such number of days as may be determined by the Authority in its sole discretion, such event shall be deemed to be a Mine Operator Default for the purposes of Clause 37.1.1 and in addition to any other rights and remedies available to the Authority under this Agreement (including pursuant to Clause 23.2.3), the Authority shall be entitled to exercise its right of Suspension under Clause 36.1. 23.2.5 The costs and expense incurred on all Coal Tests carried out under Clause 23.2.1 shall be borne by the Authority.

Testing of Coal. ‌ 23.2.1 For determining that the Coal Delivered conforms to the Specifications and Standards, the Coal Tests shall be conducted at the Delivery Point by an independent laboratory accredited to the National Accreditation Board of Laboratories, as selected by the Authority or any of the Buyer(s) and notified by the Authority to the Mine Operator (the "Independent Laboratory"). The Coal Tests shall be carried out in the presence of the representatives of the Authorityand Authority, the Mine Operator and, if required, the Buyer and such representatives shall sign the results of the Coal Tests. A copy of the reports of all such Coal Tests shall be provided to the Authority and the Mine Operator forthwithforthwith and to the Buyer upon request. 23.2.2 The results of the Coal Tests shall be final and binding on the Mine Operator and the Authority. 23.2.3 If Subject to Clause 30.1.2 of this Agreement, if the results of the Coal Tests conducted at the Delivery Point indicate a deterioration in grade from the Declared Grade (the “Grade Slippage”), then the Mine Operator shall indemnify and shall be liable to forthwith pay to the Authority, an 1.25 (one point two five) times the amount equivalent to [●] that portion of the sale price of Coal which the Authority is unable to, or fails to, realize from a Buyer on account of such Grade Slippage, as Damages.24Damages. In addition, the Mine Operator shall be liable to pay to the Authority the amount of loss incurred by the Authority due to any payment of royalty to the Government. The aforesaid amounts shall be recovered by the Authority from the Monthly Invoices of the Mine Operator. 23.2.4 In the event the results of any of the Coal Tests conducted at the Delivery Point indicate a Grade Slippage for such number of days as may be determined by the Authority in its sole discretionAuthority, such event shall be deemed to be a Mine Operator Default for the purposes of Clause 37.1.1 and in addition to any other rights and remedies available to the Authority under this Agreement (including pursuant to Clause 23.2.3), the Authority shall be entitled to exercise its right of Suspension under Clause 36.1. 23.2.5 The costs and expense incurred on all Coal Tests carried out under Clause 23.2.1 shall be borne by the Authority.

Testing of Coal. ‌ 23.2.1 For determining that the Coal Delivered conforms to the Specifications and Standards, the Coal Tests shall be conducted at the Delivery Point by an independent laboratory accredited to the National Accreditation Board of Laboratories, as selected and notified by the Authority to the Mine Operator (the "Independent Laboratory"). The Coal Tests shall be carried out in the presence of the representatives of the Authorityand the Mine Operator and such representatives shall sign the results of the Coal Tests. A copy of the reports of all such Coal Tests shall be provided to the Authority and the Mine Operator forthwith. 23.2.2 The results of the Coal Tests shall be final and binding on the Mine Operator and the Authority. 23.2.3 If the results of the Coal Tests conducted at the Delivery Point indicate a deterioration in grade from the Declared Grade (the “Grade Slippage”), then the Mine Operator shall indemnify and shall be liable to forthwith pay to the Authority, an amount equivalent to [●] on account of such Grade Slippage, as Damages.24 23.2.4 In the event the results of any of the Coal Tests conducted at the Delivery Point indicate a Grade Slippage for such number of days as may be determined by the Authority in its sole discretion, such event shall be deemed to be a Mine Operator Default for the purposes of Clause 37.1.1 and in addition to any other rights and remedies available to the Authority under this Agreement (including pursuant to Clause 23.2.3), the Authority shall be entitled to exercise its right of Suspension under Clause 36.1. 23.2.5 The costs and expense incurred on all Coal Tests carried out under Clause 23.2.1 shall be borne by the Authority.

Testing of Coal. ‌ 23.2.1 For determining that the Coal Delivered conforms to the Specifications and Standards, the Coal Tests shall be conducted at the Delivery Point by an independent laboratory accredited to the National Accreditation Board of Laboratories, as selected by the Authority or any of the Buyer(s) and notified by the Authority to the Mine Operator (the "Independent Laboratory"). The Coal Tests shall be carried out in the presence of the representatives of the Authorityand Authority, the Mine Operator and, if required, the Buyer and such representatives shall sign the results of the Coal Tests. A copy of the reports of all such Coal Tests shall be provided to the Authority and the Mine Operator forthwithforthwith and to the Buyer upon request. 23.2.2 The results of the Coal Tests shall be final and binding on the Mine Operator and the Authority. 23.2.3 If Subject to Clause 30.1.2 of this Agreement, if the results of the Coal Tests conducted at the Delivery Point indicate a deterioration in grade from the Declared Grade (the “Grade Slippage”), then the Mine Operator shall indemnify and shall be liable to forthwith pay to the Authority, an 1.25 (one point two five) times the amount equivalent to [●] that portion of the sale price of Coal which the Authority is unable to, or fails to, realize from a Buyer on account of such Grade Slippage, as Damages.24Damages. In addition, the Mine Operator shall be liable to pay to the Authority the amount of loss incurred by the Authority due to any payment of royalty to the Government. The aforesaid amounts shall be recovered by the Authority from the Monthly Invoices of the Mine Operator. 23.2.4 In the event the results of any of the Coal Tests conducted at the Delivery Point indicate a Grade Slippage for such number of days as may be determined by the Authority in its sole discretionAuthority, such event shall be deemed to be a Mine Operator Default for the purposes of Clause 37.1.1 and in addition to any other rights and remedies available to the Authority under this Agreement (including pursuant to Clause 23.2.3), the Authority shall be entitled to exercise its right of Suspension under Clause 36.1. 23.2.5 The costs and expense incurred on all Coal Tests carried out under Clause 23.2.1 shall be borne by the Authority.