Sources and Mode of Supply Clause Samples

The 'Sources and Mode of Supply' clause defines how and from where goods or services will be provided under the agreement. It typically specifies whether the supplier will use its own resources, subcontractors, or third-party vendors, and outlines the methods or channels through which delivery will occur, such as direct shipment, digital transfer, or on-site provision. This clause ensures both parties have a clear understanding of the supply chain and delivery mechanisms, reducing ambiguity and helping to manage expectations regarding fulfillment.
Sources and Mode of Supply. The Seller shall endeavor to supply the Contracted Grade of Coal at the Delivery Point. In case the Seller is not in a position to supply the Scheduled Quantity of the Contracted Grade of Coal at the Delivery Point on account of a Force Majeure Act or any other reason, the Seller shall have the option to supply the balance quantity of the Contracted Grade of Coal from the secondary source(s) indicated in Annexure III (“Secondary Source(s)”). Further, in case of supply of the Contracted Grade at the Secondary Source, the Purchaser shall accept the Contracted Grade of Coal directly from such Secondary Source(s). Additional costs incurred due to supply of the Contracted Grade of Coal at the Secondary Source(s) shall be borne by the Purchaser. No flexibility shall be given to the Purchaser to take delivery of the Contracted Grade of Coal through any mode other than the mode specified in Annexure III in normal circumstance. However, the facility for change of mode from Rail to Road and Road to Rail shall be available as per as per Annexure-X-A(Rail to Road) & X-B(Road to Rail) or modalities circulated/notified/updated/modified by CIL/coal companies time to time.
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Sources and Mode of Supply. The Seller shall endeavor to supply the Contracted Grade of Coal at the Delivery Point. In case the Seller is not in a position to supply the Scheduled Quantity of the Contracted Grade of Coal at the Delivery point on account of Force Majeure Event, the Seller shall have the option to supply the balance quantity of the Contracted Grade or an alternative grade of coal at the secondary source indicated in Annexure III (“Secondary Source”) or from the multiple secondary sources. The balance quantity shall be reckoned in terms of the shortfall in quantity of coal supplied and no adjustment shall be made in such quantity for supply of can alternative grade of coal. Further, in case of supply of coal at the Secondary Source, the Purchaser shall have the option whether or not to accept the supply coal from such secondary source, and shall intimate the Seller of its choice upon being informed by the Seller of proposed supply from the Secondary Source. Additional costs incurred due to supply of coal at the Secondary Source shall be borne by the Purchaser. Flexibility shall be given to the Purchaser to take delivery of the Contracted Grade to change the mode from Rail to Road or vice versa on their request. Willing road customers will be allowed to take coal by RCR mode basing on their necessity. When quantity is shifted from primary source to secondary source and vice versa, the premium will be charged for the customer applicable at the primary source or secondary source whichever is higher.
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Sources and Mode of Supply. The Seller shall endeavor to supply the Contracted Grade of Coal at the Delivery Point. In case the Seller is not in a position to supply the Scheduled Quantity of the Contracted Grade of Coal at the Delivery Point on account of a Force Majeure Act, the Seller shall have the option to supply the balance quantity of the Contracted Grade of Coal at the secondary source indicated in Annexure III (“Secondary Source”). Further, in case of supply of the Contracted Grade at the Secondary Source, the Purchaser shall accept the Contracted Grade of Coal directly from such Secondary Source. Additional costs incurred due to supply of the Contracted Grade of Coal at the Secondary Source shall be borne by the Purchaser. No flexibility shall be given to the Purchaser to take delivery of the Contracted Grade of Coal through any mode other than the mode specified in Annexure III.
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Sources and Mode of Supply. 6.4.1 The Seller shall endeavor to supply the Contracted Grade of Coal at the Delivery Point. 6.4.2 In case the Seller is not in a position to supply the Scheduled Quantity of the Contracted Grade of Coal at the Delivery Point on account of a Force Majeure Act or any other reason, the Seller shall have the option to supply the balance quantity of the Contracted Grade of Coal from the secondary source(s) indicated in 0 (“Secondary Source(s)”). Further, in case of supply of the Contracted Grade at the Secondary Source, the Purchaser shall accept the Contracted Grade of Coal directly from such Secondary Source(s). Additional costs incurred due to supply of the Contracted Grade of Coal at the Secondary Source(s) shall be borne by the Purchaser. 6.4.3 No flexibility shall be given to the Purchaser to take delivery of the Contracted Grade of Coal through any mode other than the mode specified in ANNEXURE III except where change of mode from Rail to Road is approved by the Seller as per ANNEXURE X
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Sources and Mode of Supply. The Seller shall endeavor to supply the Contracted Grade of Coal at the Delivery Point. In case the Seller is not in a position to supply the Scheduled Quantity of the Contracted Grade of Coal at the Delivery Point on account of a Force Majeure Act, the Seller shall have the option to supply the balance quantity of the Contracted Grade of Coal at the secondary source indicated in Annexure III (“Secondary Source”). Further, in case of supply of the Contracted Grade at the Secondary Source, the Purchaser shall accept the Contracted Grade of Coal directly from such Secondary Source. Additional costs incurred due to supply of the Contracted Grade of Coal at the Secondary Source shall be borne by the Purchaser. No flexibility shall be given to the Purchaser to take delivery of the Contracted Grade of Coal through any mode other than the mode specified in Annexure III except where change of mode from Rail to Road is approved by the Seller as per Annexure-X.
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Sources and Mode of Supply. The Seller shall endeavor to supply the Contracted Grade of Coal at the Delivery Point. In case the Seller is not in a position to supply the Scheduled Quantity of the Contracted Grade of Coal at the Delivery Point on account of a Force Majeure Event, the Seller shall have the option to supply the balance quantity of the Contracted Grade or an alternative grade of Coal at the secondary source indicated in Annexure III (“Secondary Source”) or from the multiple secondary sources. The balance quantity shall be reckoned in terms of the shortfall in quantity of coal supplied and no adjustment shall be made in such quantity for supply of an alternative grade of coal. Further, in case of supply of coal at the Secondary Source, the Purchaser shall have the option whether or not to accept the supply of Coal from such Secondary Source, and shall intimate the Seller of its choice upon being informed by the Seller of proposed supply from the Secondary Source. Additional costs incurred due to supply of Coal at the Secondary Source shall be borne by the Purchaser.
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Related to Sources and Mode of Supply

  • Use of Subservicers and Subcontractors The Company shall not hire or otherwise utilize the services of any Subservicer to fulfill any of the obligations of the Company as servicer under this Agreement or any related Reconstitution Agreement unless the Company complies with the provisions of paragraph (i) of this Subsection (f). The Company shall not hire or otherwise utilize the services of any Subcontractor, and shall not permit any Subservicer to hire or otherwise utilize the services of any Subcontractor, to fulfill any of the obligations of the Company as servicer under this Agreement or any related Reconstitution Agreement unless the Company complies with the provisions of paragraph (ii) of this Subsection (f). (i) It shall not be necessary for the Company to seek the consent of the Purchaser or any Depositor to the utilization of any Subservicer. If required by Regulation AB, the Company shall cause any Subservicer used by the Company (or by any Subservicer) for the benefit of the Purchaser and any Depositor to comply with the provisions of this Section and with Sections 2(b), 2(c)(iii), 2(c)(v), 2(d), and 2(e) of this Agreement , and to provide the information required with respect to such Subservicer under Section 2(c)(iv) of this Agreement. The Company shall be responsible for obtaining from each Subservicer and delivering to the Purchaser and any Depositor any servicer compliance statement required to be delivered by such Subservicer under Section 2(d), any assessment of compliance and attestation required to be delivered by such Subservicer under Section 2(e) and any certification required to be delivered to the Person that will be responsible for signing the Sarbanes Certification under Section 2(e) as and when required to be delivered. (ii) It shall not be necessary for the Company to seek the consent of the Purchaser or any Depositor to the utilization of any Subcontractor. If required by Regulation AB, the Company shall after engagement of such Subcontractor, promptly provide a written description of the role and function of each Subcontractor utilized by the Company or any Subservicer, specifying (A) the identity of each such Subcontractor, (B) which (if any) of such Subcontractors are Participating Entities, and (C) which elements of the Servicing Criteria will be addressed in assessments of compliance provided by each Participating Entity identified pursuant to clause (B) of this paragraph. The Company shall cause any such Participating Entity used by the Company (or by any Subservicer) for the benefit of the Purchaser and any Depositor to comply with the provisions of Section 2(e) of this Agreement. The Company shall be responsible for obtaining from each Participating Entity and delivering to the Purchaser and any Depositor any assessment of compliance and attestation required to be delivered by such Participating Entity under Section 2(e), in each case as and when required to be delivered.

  • Use of sub-processors 1. The data processor shall meet the requirements specified in Article 28(2) and (4) GDPR in order to engage another processor (a sub-processor). 2. The data processor shall therefore not engage another processor (sub-processor) for the fulfilment of the Clauses without the prior general notification of the data controller. 3. The data processor has the data controller’s general authorisation for the engagement of sub-proces- sors. The data processor shall inform the data controller of any intended changes concerning the addi- tion or replacement of sub-processors at least 14 days in advance, thereby giving the data controller the opportunity to object to such changes prior to the engagement of the concerned sub-processor(s). Longer time periods of prior notice for specific sub-processing services can be provided in Appendix B. The list of sub-processors already authorised by the data controller can be found in Appendix B. 4. Where the data processor engages a sub-processor for carrying out specific processing activities on behalf of the data controller, the same data protection obligations as set out in the Clauses shall be imposed on that sub-processor by way of a contract or other legal act under EU or Member State law, in particular providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of the Clauses and the GDPR. The data processor shall therefore be responsible for requiring that the sub-processor at least complies with the obligations to which the data processor is subject pursuant to the Clauses and the GDPR. 5. A copy of such a sub-processor agreement and subsequent amendments shall – at the data controller’s request – be submitted to the data controller, thereby giving the data controller the opportunity to ensure that the same data protection obligations as set out in the Clauses are imposed on the sub-processor. Clauses on business related issues that do not affect the legal data protection content of the sub-pro- cessor agreement, shall not require submission to the data controller. 6. The data processor shall agree a third-party beneficiary clause with the sub-processor where – in the event of bankruptcy of the data processor – the data controller shall be a third-party beneficiary to the sub-processor agreement and shall have the right to enforce the agreement against the sub-processor engaged by the data processor, e.g., enabling the data controller to instruct the sub-processor to delete or return the personal data. 7. If the sub-processor does not fulfil his data protection obligations, the data processor shall remain fully liable to the data controller as regards the fulfilment of the obligations of the sub-processor. This does not affect the rights of the data subjects under the GDPR – in particular those foreseen in Articles 79 and 82 GDPR – against the data controller and the data processor, including the sub-processor.

  • Use of Subcontractors Nothing in this Appendix 2 shall prevent the Interconnection Parties from utilizing the services of subcontractors as they deem appropriate to perform their respective obligations hereunder, provided, however, that each Interconnection Party shall require its subcontractors to comply with all applicable terms and conditions of this Appendix 2 in providing such services.

  • Scope of Supply 12.1 The Goods and Related Services to be supplied shall be as specified in the Schedule of Requirements.

  • Use of Sub-Contractors If the Applicant requires the use of a Sub-Contractor in order to adequately complete the Project, a collaboration letter, contract or agreement between the Applicant and the Sub-Contractor must be in place prior to the Applicant proceeding with any Milestone which requires assistance from the Sub-Contractor. Applicant shall: (a) identify the Sub-Contractor to Alberta Innovates; (b) provide a copy of such Sub- Contractor agreement to Alberta Innovates upon request, and on a strictly confidential basis; and (c) ensure that dealings with the Sub-Contractor are not prohibited under any Applicable Laws Including any Anti- Bribery, Anti-Corruption and Sanctions Laws or Export Control Laws. Alberta Innovates may request the Applicant to provide evidence that it has paid the Sub-Contractor for such services. If the Applicant is using a Sub-Contractor: (aa) nothing in this Investment Agreement creates any employment, contract, agency relationship, or other direct or indirect, relationship of any kind between Alberta Innovates and such Sub-Contractor; and (bb) the Applicant shall be solely responsible for all work, acts, claims, defaults and liabilities relating to the Sub-Contractor.