Common use of End-use of Coal Clause in Contracts

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 submit an annual return including the details of the utilization of the coal to the Coal Controller Organisation. Coal Controller shall have the right to validate the same and seek additional information, which if required, the Seller shall submit within the stipulated timeframe.

Appears in 1 contract

Sources: Fuel Supply Agreement

End-use of Coal. 6.3.1 The total quantity of the coking/non-coking coal(delete whichever is not applicable) 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 only be utilized entirely within in the Specified End Use Plant(s)Plant. The particulars In case of raw coal being beneficiated in the washery nominated by the Bidder, the resultant washed coal to be used in the Specified End Use Plant(sPlant (Blast Furnace Unit(s)) are required to should 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) atleast 20% of the raw coal supplied by weight. Notwithstanding Disposal of Washery Rejects, if generated, shall be governed as per provisions of the above, the consumption Policy for handling and Disposal of Coal Washery Rejects shall be of MOC or in accordance line with Government policy/methodology formulated/notified time to time for the Washery Rejects Policy or as per the extant policy guidelines issued by Ministry of Coal in this regard. 6.3.2 same. 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 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/Coal/ Contracted Grade of Coal or the End Products generated from washing of the Coal supplied under this AgreementCoal, 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 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 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 submit an annual return including the details of the utilization of the coal to the Coal Controller Organisation. Coal Controller shall have the right to validate the same and seek additional information, which if required, the Seller shall submit within the stipulated timeframe.

Appears in 1 contract

Sources: Fuel Supply Agreement

End-use of Coal. 6.3.1 The total quantity of the coking/non-coking coal(delete whichever is not applicable) 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 only be utilized entirely within in the Specified End Use Plant(s)Plant. The particulars In case of raw coal being beneficiated in the washery nominated by the Bidder, the resultant washed coal to be used in the Specified End Use Plant(sPlant (Blast Furnace Unit(s)) are required to should 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) atleast 20% of the raw coal supplied by weight. Notwithstanding Disposal of Washery Rejects, if generated, shall be governed as per provisions of the above, the consumption Policy for handling and Disposal of Coal Washery Rejects shall be of MOC or in accordance line with Government policy/methodology formulated/notified time to time for the Washery Rejects Policy or as per same. In case the extant policy guidelines issued by Ministry bidder of Coal Steel(coking) subsector is a consortium, only the Lead Member(First Part) of the consortium that is the EUP producing Steel (in this regard. 6.3.2 Blast furnace unit) is allowed to consume/use raw coking coal directly. The Second/Third part(member) of the consortium(bidder) are allowed to consume/use the washery by-products(other than raw coking/washed coking coal only) generated pursuant to washing. 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 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/Coal/ Contracted Grade of Coal or the End Products generated from washing of the Coal supplied under this AgreementCoal, 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 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 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 submit an annual return including the details of the utilization of the coal to the Coal Controller Organisation. Coal Controller shall have the right to validate the same and seek additional information, which if required, the Seller shall submit within the stipulated timeframe.

Appears in 1 contract

Sources: Fuel Supply Agreement

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.Security.‌ 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 submit an annual return including the details of the utilization of the coal to the Coal Controller Organisation. Coal Controller shall have the right to validate the same and seek additional information, which if required, the Seller shall submit within the stipulated timeframe.

Appears in 1 contract

Sources: Fuel Supply Agreement

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 submit an annual return including the details of the utilization of the coal to the Coal Controller Organisation. Coal Controller shall have the right to validate the same and seek additional information, which if required, the Seller shall submit within the stipulated timeframe.

Appears in 1 contract

Sources: Fuel Supply Agreement