Compensation for short delivery/lifting. 4.6.1 If for a Year, the Level of Delivery by the Seller, or the Level of Lifting by the Purchaser falls below 100% with respect to that Year, the defaulting Party shall be liable to pay compensation to the other Party for such shortfall in Level of Delivery or Level of Lifting, as the case may be, (“Failed Quantity”) in terms of the following : X.Xx. Level of Delivery / Lifting of Coal in a Year Rate of compensation for the Failed Quantity in terms of Base Price of the highest Grade, as shown in Schedule II Formula for calculation of compensation 1 Less than 100% but upto 50% of ACQ NIL NIL 2 Below 50% of ACQ 10% 0.1 x P x [((100-LD or LL) – 50)/100] x ACQ) where P shall be the simple average of base prices grades as shown in the Schedule II. Notes: The Level of Delivery/ Level of Lifting that would cause compensation for the Failed Quantity payable by the defaulting Party, as mentioned in the table above, may be reviewed by the Seller in light of its Coal availability and Coal commitments, and amended accordingly on year-to-year basis at the sole discretion of the Seller during the term of the Agreement.
Compensation for short delivery/lifting. 4.6.1 If for a Year, the Level of Delivery by the Seller, or the Level of Lifting by the Purchaser falls below ACQ with respect to that Year, the defaulting Party shall be liable to pay compensation to the other Party for such shortfall in Level of Delivery or Level of Lifting, as the case may be (“Failed Quantity”) in terms of the following: X.Xx. Level of Delivery / Lifting of Coal in a Year Rate of compensation for the Failed Quantity (at the rate of simple average of Base Prices of Grades, as shown in Schedule III) Formula for calculation of compensation 1 Less than 100% but up to 80% NIL 2 Less than 80% 0.01% # 0.0001 x P x ((80-LD or LL)/100) x ACQ # to be operative after a period of three years from the date of signing of the FSA Where P shall be the simple average of base prices of grades as shown in the Schedule III. * Note: For the phasing period the annual coal requirements shall be based on the quantities mentioned by the Purchaser for the initial years under Schedule I of this agreement
Compensation for short delivery/lifting. 5.5.1 If for a Year, the Seller fails to meet the Level of Delivery, or the Purchaser fails to meet the Level of Lifting with respect to that Year, then the defaulting Party shall be liable to pay compensation to the other Party for such shortfall in Level of Delivery or Level of Lifting, as the case may be (“Failed Quantity”) in terms of the following: Level of Delivery/ Level of Lifting in a Year Rate of Compensation applicable for the Failed Quantity (at the price payable under Clause 11 for Contracted Grade of Coal supplied) Below 100% but up to 75% of ACQ Nil Below 75% of ACQ 10% The compensation shall be computed in the same manner as done slab-wise for computation of income-tax. The Level of Delivery and Level of Lifting shall be with reference to the ACQ under this E-FSA.
Compensation for short delivery/lifting. 4.5.1 If for a Year, the Level of Delivery by the Seller, or the Level of Lifting by the Purchaser falls below 100% with respect to that Year, the defaulting Party shall be liable to pay compensation to the other Party for such shortfall in the Level of Delivery or Level of Lifting, as the case may be, (“Failed Quantity”) in terms of the following:
Compensation for short delivery/lifting. 3.6.1 If for a Year, the Level of Delivery by the Seller, or the Level of Lifting by the Purchaser falls below ACQ with respect to that Year, the defaulting Party shall be liable to pay compensation to the other Party for such shortfall in Level of Delivery or Level of Lifting, as the case may be (“Failed Quantity”) in terms of the following: Source Level of Delivery / Lifting of Coal in a Year Percentage of Penalty for the failed quantity (at the rate of weighted average of Base Prices of Grades of coal supplied) 2012-13,2013- 14 & 2014-15 2015-16 2016-17 onwards Imported Below 100% but up to 80% NIL NIL NIL + of ACQ Domestic Qty Applicable Below 80% but up to 75% of 0 - 1.5 for Imported Coal Only ACQ 0 - 1.5 0 - 1.5 Below 75% but up to 70% of ACQ - Below 70% but up to 65% of - ACQ Source Level of Delivery / Lifting of Coal in a Year Percentage of Penalty for the failed quantity (at the rate of weighted average of Base Prices of Grades of coal supplied) 2012-13,2013- 14 & 2014-15 2015-16 2016-17 onwards Below 60% but up to 55% of ACQ 5 - 10 10 - 20 20 - 40 Below 55% but up to 50% of ACQ 10 - 20 20 - 40 Below 50% of ACQ 20 - 40 * Note: For the phasing period the annual coal requirements shall be based on the quantities mentioned by the Purchaser for the initial years under Schedule I of this agreement
Compensation for short delivery/lifting. 1 If for a Year, the Level of Delivery by the Seller, or the Level of Lifting by the Purchaser falls below ACQ with respect to that Year, the defaulting Party shall be liable to pay compensation to the other Party for such shortfall in Level of Delivery or Level of Lifting, as the case may be (“Failed Quantity”) in terms of the following: Sl. No . Level of Delivery / Lifting of Coal in a Year Rate of compensation for the Failed Quantity (at the rate of simple average of Base Prices of Grades, as shown in Schedule III) Formula for calculation of compensation 1 Less than 100% but upto 50% of ACQ Nil NIL 2 Below 50% of ACQ 10% 0.1 x P x [((100-LD or LL) – 50)/100] x ACQ) Where P shall be the simple average of base prices grades as shown in the Schedule III. * Note: For the phasing period the annual coal requirements shall be based on the quantities mentioned by the Purchaser for the initial years under Schedule I of this agreement Note: The Level of Delivery/ Level of Lifting that would cause compensation for the Failed Quantity payable by the defaulting Party, as mentioned in the table above, may be reviewed by the Seller in light of its Coal availability and Coal commitments, and amended accordingly on year-to-year basis at the sole discretion of the Seller during the term of the Agreement.
Compensation for short delivery/lifting. 4.5.1 If for a Year, the Level of Delivery by the Seller, or the Level of Lifting by the Purchaser falls below 100% with respect to that Year, the defaulting Party shall be liable to pay compensation to the other Party for such shortfall in Level of Delivery or Level of Lifting, as the case may be, (“Failed Quantity”) in terms of the following: X.Xx. Level of Delivery / Lifting of Coal in a Year Rate of compensation for the Failed Quantity in terms of Base Price of the highest Grade, as shown in Schedule II 1 Less than 100% but upto 60% of ACQ NIL Notes:
Compensation for short delivery/lifting. 4.7.1 If for a Year, the Level of Delivery by the Seller, or the Level of Lifting by the Purchaser falls below the ACQ with respect to that Year, the defaulting Party shall be liable to pay compensation to the other Party for such shortfall in Level of Delivery or Level of Lifting, as the case may be (“Failed Quantity”) in terms of the following: Level of Delivery / Lifting of Coal in a Year Percentage of Penalty for the failed quantity (at the rate of weighted average of Notified Prices of Grades of Coal supplied) Below 75% but up to 65% of ACQ 0 - 10 Below 65% but up to 50% of ACQ 10 - 40 Below 50% of ACQ 40
Compensation for short delivery/lifting. 5.5.1 Subject to the provisions of Clause 5.4.3, if for a Year, the Level of Delivery by the Seller or the Level of Lifting by the Purchaser falls below 75% (seventy five per cent.) with respect to that Year, then the defaulting Party shall be liable to pay compensation to the other Party for such shortfall in Level of Delivery or Level of Lifting, as the case may be (“Failed Quantity”) in terms of the following: Level of Delivery/ Level of Lifting in a Year Percentage of Penalty for the Failed Quantity (at the price payable under Clause 11 for Contracted Grade of Coal supplied) Below 75% but up to 70% of ACQ 0 -5 Below 70% but up to 65% of ACQ 5-10 Below 65% but up to 60% of ACQ 10-20 Below 60% but up to 50% of ACQ 20-40 Below 50% 40 The penalty shall be computed in the same manner as done slab-wise for computation of income-tax. However, unlike income tax, the percentage of compensation shall grow on a linear basis within each slab.
Compensation for short delivery/lifting. 3.6.1 If for a Year, the Level of Delivery bythe Seller, or the Level of Lifting by the Purchaser falls below ACQ with respect to that Year, the defaulting Party shall be liable to pay compensation to the other Party for such shortfall in Level of Delivery or Level of Lifting, as the case may be (“Failed Quantity”) in terms of the following: Sl. No . Level of Delivery / Lifting of Coal in a Year Rate of compensation for the Failed Quantity (at the rate of weighted average of Base Prices of Grades, as shown in Schedule II) Formula for calculation of compensation 1 Less than 100% but upto 90% of ACQ Nil NIL 2 Below 90% but upto 85% of ACQ 10% 0.1 x P x [((100-LD or LL) – 10)/100] x ACQ) 3 Below 85% but upto 80% of ACQ 20 % 0.1 x P x [((100-85) – 10)/100] x ACQ) + 0.2 x P x [(85-LD or LL) /100] x ACQ) 4 Below 80% of ACQ 40% 0.1 x P x [((100-85) – 10)/100] x ACQ) + 0.2 x P x [(85-80) /100] x ACQ) + 0.4 x P x [(80-LD or LL) /100] x ACQ) Where, P = Weighted average Base Price of Grades of coal received.
