End-use of Coal Sample Clauses
The 'End-use of Coal' clause defines the permitted purposes for which coal supplied under an agreement may be used by the buyer. Typically, this clause restricts the buyer to using the coal for specific applications, such as power generation, industrial processes, or resale, and may prohibit diversion to unauthorized uses or locations. By clearly outlining acceptable end-uses, the clause helps prevent misuse or regulatory violations, ensuring compliance with contractual and legal requirements.
End-use of Coal. The total quantity of Coal supplied pursuant to this Agreement is meant for use at the [ name & location of the Plant(s)] as listed in Schedule-I. the Purchaser shall not sell/divert and/or transfer the Coal for any purpose whatsoever and the same shall be treated as material breach of Agreement. In the event that the Purchaser engages or plans to engage into any such resale or trade, the Seller shall terminate this Agreement forthwith without any liabilities or damages, whatsoever, payable to the Purchaser. It is expressly clarified that the Seller shall reserve the right to verify including the right to inspect/ call for any document from the Purchaser and physically verify the end-use of Coal and satisfy itself of its authenticity. The Purchaser shall have the obligation to comply with the Seller’s directions/ extend full co-operation in carrying out such verification/ inspection.
(a) The Purchaser shall have the right by serving a written notice at least one (1) month prior to the commencement of a quarter, to revise the Quarterly Quantity (QQ) to be supplied by the Seller in that quarter, provided that in such revision the increase/ decrease shall not be in excess of 10% of the QQ. However, in respect of the 2nd quarter of a Year, namely, July to September, the Purchaser shall not have the right to increase the QQ. The sum total of QQ including any revision allowed hereof shall not exceed the ACQ.
(b) Seller shall have the right to make good the short supplies of a quarter in the succeeding quarter, to the extent of 10% of the QQ.
(c) Seller shall supply Coal from sources as mentioned in the 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 from alternate source, including Imported Coal. Further, in case of alternate sources, the Purchaser shall accept Coal directly from such alternate sources through Indian railway system and / or by alternate modes of transport depending upon operational flexibility and at such Delivery Point, as decided by the Seller. Additional cost due to supply through alternate source including the inland logistics cost of Imported Coal shall be borne by the Purchaser.
End-use of Coal. The total quantity of the Coal/Contracted Grade of Coal supplied pursuant to this Agreement shall only be utilized in the Specified End Use Plant. The Purchaser shall not sell, divert and/or transfer the Coal/ Contracted Grade of Coal for any purpose whatsoever and any such sale, diversion and/ or transfer shall be treated as material breach of Agreement. In the event that the Purchaser engages in any such sale, diversion, transfer and/ or trade of Coal/ Contracted Grade of Coal, the Seller shall, after giving the Purchaser a due opportunity of being heard on the matter, be entitled to terminate this Agreement without any liabilities or damages whatsoever payable to the Purchaser. It is expressly clarified that the Seller shall reserve the right to call for any document(s) from the Purchaser to verify the end-use of the Coal/ Contracted Grade of Coal and satisfy itself of the accuracy of the contents thereof. The Purchaser shall have the obligation to comply with the Seller’s directions and shall extend full co-operation to the Seller in carrying out such verification.
End-use of Coal. The total quantity of the coking/Semi-coking/non-coking coal/coal product(delete whichever is not applicable) Coal/Contracted Grade of Coal supplied pursuant to this Agreement shall only be utilized in the Specified End Use Plant(s) of the bidder. The Purchaser shall not sell, divert and/or transfer the Coal/ Contracted Grade of Coal for any purpose whatsoever (outside the linked EUP(s)) and any such sale, diversion and/ or transfer shall be treated as material breach of Agreement. In the event that the Purchaser engages in any such sale, diversion, transfer and/ or trade of Coal/ Contracted Grade of Coal, the Seller shall, after giving the Purchaser a due opportunity of being heard on the matter, be entitled to terminate this Agreement without any liabilities or damages whatsoever payable to the Purchaser. It is expressly clarified that the Seller shall reserve the right to call for any document(s) from the Purchaser to verify the end-use of the Coal/ Contracted Grade of Coal and satisfy itself of the accuracy of the contents thereof. The Purchaser shall have the obligation to comply with the Seller’s directions and shall extend full co-operation to the Seller in carrying out such verification. For the purpose of the aforesaid verification, the Seller may also rely on certification(s) from erstwhile sponsoring authorities viz. the District Industries Centre, Director of Industries or any other Department as may be nominated by relevant State Governments for determining the existence and status of operation of the Specified End Use Plant. Without prejudice to the above rights of the Seller, in case of specific complaints regarding non-utilization of Coal in accordance with this Agreement, such complaints may be referred to the relevant department(s) or agencies for suitable action.
End-use of Coal. The total quantity of Coal supplied pursuant to this Agreement is meant for use at the [ name & location of the Plant(s)] as listed in Schedule-I. the Purchaser shall not sell/divert and/or transfer the Coal for any purpose whatsoever and the same shall be treated as material breach of Agreement. In the event that the Purchaser engages or plans to engage into any such resale or trade, the Seller shall terminate this Agreement forthwith without any liabilities or damages, whatsoever, payable to the Purchaser. It is expressly clarified that the Seller shall reserve the right to verify including the right to inspect/ call for any document from the Purchaser and physically verify the end-use of Coal and satisfy itself of its authenticity. The Purchaser shall have the obligation to comply with the Seller’s directions/ extend full co-operation in carrying out such verification/ inspection.
End-use of Coal. The total quantity of Coal supplied pursuant to this Agreement is meant for use at the [ name & location of the Plant(s)] as listed in Schedule I. The Purchaser shall not sell/divert and/or transfer the Coal to any third party for any purpose whatsoever and the same shall be treated as material breach of Agreement, for which the Purchaser shall be fully responsible and such act shall warrant suspension of coal supplies by the Seller
End-use of Coal. The total quantity of Coal supplied pursuant to this Agreement is meant for use as listed in [(*) Name & location of the plant] as listed in Schedule I. The Purchaser shall not sell/divert and/or transfer the Coal to any third party for any purpose whatsoever and the same shall be treated as material breach of Agreement, for which the Purchaser shall be fully responsible and such act shall warrant suspension of coal supplies by the Seller in terms of clause 14.1(b). However, interplant transfer of coal1 may be considered provided:
a) Transfer of coal shall be allowed only between the power plants wholly owned by the Purchaser, its holding company, its wholly owned subsidiary or its fellow subsidiary companies wholly owned by the purchaser’s common holding company. No transfer of coal shall be allowed for a Joint Venture (JV) company of the Purchaser. The supply of coal, shall for all commercial purpose under FSA remain unchanged and on account of original Power Plant.
b) Both the Power Plants should have executed FSA with coal companies of CIL in pre NCDP, existing FSA model or modified FSA Model applicable for new power plants and not having any supplies linked to coal blocks. In case of IPPs both the plants must have valid long term PPAs with DISCOMs. Such transfer shall, however, not be applicable for coal quantity supplies pursuant to the FSA signed under category B(ii) of SHAKTI Policy.
c) Transfer of coal will not be allowed to those plants who are allotted coal blocks under this arrangement
d) In case of change in the ownership and no environmental clearance of the plant this facility shall stand withdrawn, and
e) Penalty/Incentive under this arrangement would be considered in terms of (a) above.
End-use of Coal. 6.3.1 The total quantity of the Coal/Contracted Grade of Coal supplied pursuant to this Agreement shall be washed in the Washery and the End Products generated from such washing shall be utilized entirely within the Specified End Use Plant(s). The particulars of the Specified End Use Plant(s) are required to be declared by the Purchaser as detailed in ANNEXURE IV While beneficiation/ washing of raw coal lifted against the FSA, washed coking coal shall be generated to the tune of at least 20 (twenty) % of raw coal supplied by weight. Notwithstanding the above, the consumption of Coal Washery Rejects shall be in accordance with the Washery Rejects Policy or as per the extant policy guidelines issued by Ministry of Coal in this regard.
6.3.2 The Purchaser shall not sell, divert and/or transfer the Coal/ Contracted Grade of Coal for any purpose whatsoever and any such sale, diversion and/or transfer shall be treated as material breach of Agreement. In the event that the Purchaser engages in any such sale, diversion, transfer and/ or trade of Coal/Contracted Grade of Coal or the End Products generated from washing of the Coal supplied under this Agreement, the Seller shall, after giving the Purchaser a due opportunity of being heard on the matter, be entitled to terminate this Agreement without any liabilities or damages whatsoever payable to the Purchaser and forfeit the Performance Security and Additional Performance Security, if applicable.
6.3.3 It is expressly clarified that the Seller shall reserve the right to call for any document(s) from the Purchaser to verify the end-use of the Coal/ Contracted Grade of Coal and satisfy itself of the accuracy of the contents thereof. The Purchaser shall have the obligation to comply with the Seller’s directions and shall extend full co-operation to the Seller in carrying out such verification. For the purpose of the aforesaid verification, the Seller may also rely on certification(s) from erstwhile sponsoring authorities viz. the District Industries Centre, Director of Industries or any other Department as may be nominated by relevant state governments for determining the existence and status of operation of the Specified End Use Plant.
6.3.4 Without prejudice to the above rights of the Seller, in case of specific complaints regarding non-utilization of Coal in accordance with this Agreement, such complaints may be referred to the relevant department(s) or agencies for suitable action.
6.3.5 The Purchaser shall submi...
End-use of Coal. 4.2.1 The total quantity of Coal supplied pursuant to this Agreement is strictly meant for use and consumption by the [[•] name and location of the Specified End Use Plant(s)] as listed in Schedule I, for the purpose of generation of power in furtherance to and in accordance with the Amended PPA(s) and no transfer, swapping and/or other form of rationalisation in any manner whatsoever of any quantity of the Coal supplied pursuant to this Agreement shall be permitted other than as specifically permitted under the Scheme Document and this Clause 4.2.
4.2.2 The Purchaser shall not swap, rationalize, sell, divert and/or transfer the Coal for any purpose whatsoever and the same shall be treated as a material breach of this Agreement, for which the Purchaser shall be fully responsible and such act shall warrant suspension of Coal supplies by the Seller in terms of Clause 15.1.2. Rationalization of the Coal Linkage awarded to the Purchaser shall be allowed subject to and in accordance with the linkage rationalization policy and Policy. For the purpose of such linkage rationalization, higher of the discounts offered by the parties (i.e. higher of the two, discount offered on the existing source by the Purchaser and the highest discount on the source where the linkage holder wants to transfer the linkage) who intend to enter into linkage rationalization arrangement, shall be considered. Any savings accruing on account of linkage rationalization including saving accruing on account of change of discount should be passed on to the end consumers as per the provisions of linkage rationalization policy and Policy and the Amendment thereto.
End-use of Coal. The total quantity of Coal supplied pursuant to this Agreement is meant for use at various thermal power stations of NTPC as listed in Schedule I. The Purchaser shall not sell/divert and/or transfer the Coal to any third party for any purpose whatsoever and such act on the part of the purchaser shall be treated as material breach of Agreement. However, the purchaser may transfer the coal meant for its one Power Plant to another Power Plant fully owned by the purchaser provided that such supply of coal shall for all commercial purposes under this Agreement remain unchanged and on account of the original Power Plant. It is expressly clarified that the Seller shall reserve the right to verify including the right to inspect/ call for any document from the Purchaser and physically verify the end-use of Coal and satisfy itself of its authenticity. The Purchaser shall have the obligation to comply with the Seller’s directions/ extend full co-operation in carrying out such verification/ inspection.
End-use of Coal. The total quantity of Coal supplied pursuant to this Agreement is meant for use at M/S Vidarbha Industries Power Ltd (VIPL), ▇▇▇▇ ▇▇. ▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇ as listed in Schedule - I. The Purchaser shall not sell/divert and/or transfer the Coal to any third party for any purpose whatsoever and the same shall be treated as material breach of Agreement. In the event the Purchaser engages or plans to engage into any such resale or trade, the Seller may suspend the deliveries of coal pursuant to the clause 14.0 It is expressly clarified that the Seller shall reserve the right to verify including the right to inspect/ call for any document from the Purchaser and physically verify the end-use of Coal and satisfy itself of its authenticity. The Purchaser shall have the obligation to comply with the Seller’s directions/ extend full co-operation in carrying out such verification/ inspection.