Common use of End-use of Coal Clause in Contracts

End-use of Coal. 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 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. 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 the coking/non-coking coal(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. 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. 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-non utilization of Coal 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 the coking/non-coking coal(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. 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-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 the coking/non-coking coal(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. 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. 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 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 the coking/non-coking coal(delete whichever is not applicable) Coal/Contracted Grade of Coal supplied pursuant to this Agreement shall only be utilized is meant for use at the ______________as listed in the Specified End Use Plant. Schedule I. The Purchaser shall not sell, /divert and/or transfer the Coal/ Contracted Grade of Coal to any third party for any purpose whatsoever and any such sale, diversion and/ or transfer the same shall be treated as material breach of Agreement. In the event that , for which the Purchaser engages in any shall be fully responsible and such sale, diversion, transfer and/ or trade act shall warrant suspension of Coal/ Contracted Grade of Coal, coal supplies by the Seller shallin terms of clause 14.1(b). However, after giving interplant transfer of coal1 may be considered provided: Transfer of coal shall be allowed only between the Purchaser 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 due opportunity Joint Venture (JV) company 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 supply of coal, shall for all commercial purpose under FSA remain unchanged and on account of original Power Plant. The Power Plants who executed FSA with coal companies of CIL in Pre-NCDP, existing FSA model or modified FSA model, applicable for new power plants under NCDP-LOA route and not having any supplies linked to coal blocks are allowed for interplant transfer of coal. In case of IPPs, both the Seller plants must have valid long term PPAs with DISCOMs. Interplant transfer of coal shall reserve the right also be allowed from Pre-NCDP/NCDP-LOA route FSAs to call SHAKTI B(ii) FSA plants subject to satisfying eligibility criteria. Such transfer shall, however, not be applicable for any document(s) coal quantities supplies from the Purchaser FSA signed under category B(ii) of SHAKTI policy to verify any other FSA. Transfer of coal will not be allowed to those plant who are allotted coal blocks under this arrangement In case of change in the end-use ownership and no environmental clearance of the Coal/ Contracted Grade plant this facility shall stand withdrawn, and Penalty/Incentive under this arrangement would be considered in terms of Coal and satisfy itself of the accuracy of the contents thereof(a) above. 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.----------------------------------------------------------------------------------------------------------------------------------------Reference: