Common use of Level of Delivery Clause in Contracts

Level of Delivery. Level of Delivery with respect to a Year shall be calculated in the form of percentage as per the following formula: Where: LD = Level of Delivery of Coal by the Seller for the Year. DQ = Delivered Quantity, namely, aggregate actual quantities of Coal delivered by the Seller for the Year. DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 4.11. FM = Proportionate quantity of Coal which could not be delivered by the Seller in a Year due to occurrence of a Force Majeure Act(s) affecting the Seller and/or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure Act(s) 365 Note: For the purpose of calculation of ‘Number of days lost under applicable Force Majeure Act(s)’, affecting both the Parties shall be counted only once. RF = Quantity of Coal that could not be supplied by the Seller for the Year owing to the railways not allotting wagons or not placing wagons for loading, in spite of valid indent/offer submitted by the Seller to the railways against valid program(s) submitted by the Purchaser for the purpose.

Level of Delivery. Level of Delivery with respect to a Year shall be calculated in the form of percentage as per the following formula: Where: LD = Level of Delivery of Coal by the Seller for the Year. DQ = Delivered Quantity, namely, aggregate actual quantities of Coal delivered by the Seller for the Year. DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 4.11. FM = Proportionate quantity of Coal which could not be delivered by the Seller in a Year due to occurrence of a Force Majeure Act(s) affecting the Seller and/or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure Act(s) 365 Note: For the purpose of calculation of ‘„Number of days lost under applicable Force Majeure Act(s)’Act(s)‟, affecting both the Parties shall be counted only once. RF = Quantity of Coal that could not be supplied by the Seller for the Year owing to the railways not allotting wagons or not placing wagons for loading, in spite of valid indent/offer submitted by the Seller to the railways against valid program(s) submitted by the Purchaser for the purpose.

Level of Delivery. Level of Delivery with respect to a Year shall be calculated in the form of percentage as per the following formula: Where: LD = Level of Delivery of Coal by the Seller for the Year. DQ = Delivered Quantity, namely, aggregate actual quantities of Coal delivered by the Seller for the Year. DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 4.114.10. FM = Proportionate quantity of Coal which could not be delivered by the Seller in a Year due to occurrence of a Force Majeure Act(s) affecting the Seller and/or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure Act(s) 365 Note: For the purpose of calculation of ‘Number of days lost under applicable Force Majeure Act(s)’, affecting both the Parties shall be counted only once. RF = Quantity of Coal that could not be supplied by the Seller for the Year owing to the railways not allotting wagons or not placing wagons for loadingloading , in spite of valid indent/offer submitted by the Seller to the railways against valid program(s) submitted by the Purchaser for the purpose.

Level of Delivery. Level of Delivery with respect to a Year shall be calculated in the form of percentage as per the following formula: Where: LD = Level of Delivery of Coal by the Seller for the Year. DQ = Delivered Quantity, namely, aggregate actual quantities of Coal delivered by the Seller for the Year. DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 4.114.10. FM = Proportionate quantity of Coal which could not be delivered by the Seller in a Year due to occurrence of a Force Majeure Act(s) affecting the Seller and/or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure Act(s) 365 Note: For the purpose of calculation of ‘Number of days lost under applicable Force Majeure Act(s)’, affecting both the Parties shall be counted only once. RF = Quantity of Coal that could not be supplied by the Seller for the Year owing to the railways not allotting wagons or not placing wagons for loadingloading , in spite of valid indent/offer submitted by the Seller to the railways against valid program(s) submitted by the Purchaser for the purpose.

Level of Delivery. Level of Delivery with respect to a Year shall be calculated in the form of percentage as per the following formula: Where: LD = Level of Delivery of Coal by the Seller for during the Year. DQ = Delivered Quantity, namely, aggregate actual quantities of Coal delivered by the Seller for during the Year. Year DDQ = Deemed Delivered Quantity, reckoned in the manner stated in Clause 4.11. 4.11 FM = Proportionate quantity of Coal which could not be delivered by the Seller in a Year due to occurrence of a Force Majeure Act(s) event affecting the Seller and/or and / or the Purchaser, calculated as under: FM = ACQ x Number of days lost under applicable Force Majeure Act(s) event 365 Note: For the purpose of calculation of ‘Number of days lost under applicable Force Majeure Act(s)event’, affecting both the Parties shall be counted only once. RF = Quantity of Coal that could not be supplied by the Seller for during the Year owing to the railways Railways not allotting wagons or not placing wagons for loading, in spite of specific valid indent/offer submitted by the Seller to the railways Railways against valid program(s) submitted by the Purchaser for the purpose.