Common use of Scheduled Quantity Clause in Contracts

Scheduled Quantity. 5.5.1 The Annual Contracted Quantity shall, unless otherwise agreed to in writing between the Parties, be delivered in equal monthly quantities during the Year which shall be calculated as Annual Contracted Quantity/12 (“Scheduled Quantity” or “SQ”); provided that during the first Year of the Term, the Scheduled Quantity shall be suitably pro-rated (i.e. the Scheduled Quantity to be delivered shall be computed suitably commencing from the Signature Date till 31st March of the next Year). As such, for all commercial/operational purpose, the period of calculation of performance in the first year of FSA will be from the Signature date and up to March of next year i.e. March of Next Financial Year. Similarly, for the last year of the FSA tenure, in case the expiring date is not 31st March, then for commercial purposes, the performance of last year will be considered along with second last year as a whole. 5.5.2 In case of supply by rail, the Parties agree that in case the Purchaser is unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the balance Scheduled Quantity will be carried forward to the subsequent Month(s)/ Year(s). As and when such carried forward quantity is adequate to form a rake for transportation through rail mode, the same shall be supplied to the Purchaser. If at the end of the Term, any residual Scheduled Quantity remains (including any quantity which has been carried forward as aforesaid), the same shall be dealt with in the following manner: (a) in case the residual Scheduled Quantity is 2000TPA or more, the Purchaser will be supplied with the quantity equivalent to one rake; and (b) in case the residual Scheduled Quantity is less than 2000TPA, such quantity will lapse. 5.5.3 Notwithstanding anything to the contrary contained herein, if for a Year, the Level of Lifting by the Purchaser falls below the thresholds specified in Clause 5.6.1 solely on account of the fact that the Purchaser has been unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the Purchaser shall not be liable to pay any penalty for shortfall in the Level of Lifting caused due to the above mentioned reason. 5.5.4 Variation in SQ and supply beyond ACQ: 5.5.4.1 The total variation in the monthly Scheduled Quantity shall not, unless otherwise agreed to in writing by the Parties, exceed 10% (ten per cent.) of the Scheduled Quantity. 5.5.4.2 Any variation of SQ beyond 10%(as mentioned above) and supply thereof(even beyond ACQ) shall be with mutual consent of Buyer and Seller and as per relevant clauses of Scheme/FSA document. In this respect, for any supply beyond ACQ as per terms and conditions of FSA, it will be the responsibility of the Purchaser to utilize coal in the linked specified End Use Plant(s) registered under the relevant subsector.

Scheduled Quantity. 5.5.1 5.4.1 The Annual Contracted Quantity shall, unless otherwise agreed to in writing between the Parties, be delivered in equal monthly quantities during the Year which shall be calculated as Annual Contracted Quantity/12 (“Scheduled Quantity” or “SQ”); provided that during the first Year of the Term, the Scheduled Quantity shall be suitably pro-rated (i.e. the Scheduled Quantity to be delivered shall be computed suitably commencing from the Signature Date till 31st March of the next Year). As such, for all commercial/operational purpose, the period of calculation of performance in the first year of FSA will be from the Signature date and up to March of next year i.e. March of Next Financial Year. Similarly, for the last year of the FSA tenure, in case the expiring date is not 31st March, then for commercial purposes, the performance of last year will be considered along with second last year as a whole. 5.5.2 5.4.2 In case of supply by rail, the Parties agree that in case the Purchaser is unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the balance Scheduled Quantity will be carried forward to the subsequent Month(s)/ Year(s). As and when such carried forward quantity is adequate to form a rake for transportation through rail mode, the same shall be supplied to the Purchaser. If at the end of the Term, any residual Scheduled Quantity remains (including any quantity which has been carried forward as aforesaid), the same shall be dealt with in the following manner: (a) in case the residual Scheduled Quantity is 2000TPA or more, the Purchaser will be supplied with the quantity equivalent to one rake; and (b) in case the residual Scheduled Quantity is less than 2000TPA, such quantity will lapse. 5.5.3 5.4.3 Notwithstanding anything to the contrary contained herein, if for a Year, the Level of Lifting by the Purchaser falls below the thresholds specified in Clause 5.6.1 5.5.1 solely on account of the fact that the Purchaser has been unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the Purchaser shall not be liable to pay any penalty compensation for shortfall in the Level of Lifting caused due to the above mentioned reason. 5.5.4 Variation in SQ and supply beyond ACQ: 5.5.4.1 5.4.4 The total variation in the monthly Scheduled Quantity shall not, unless otherwise agreed to in writing by the Parties, exceed 10% (ten per cent.) of the Scheduled Quantity. 5.5.4.2 Any variation of SQ beyond 10%(as mentioned above) and supply thereof(even beyond ACQ) shall be with mutual consent of Buyer and Seller and as per relevant clauses of Scheme/FSA document. In this respect, for any supply beyond ACQ as per terms and conditions of FSA, it will be the responsibility of the Purchaser to utilize coal in the linked specified End Use Plant(s) registered under the relevant subsector.

Scheduled Quantity. 5.5.1 6.5.1 The Annual Contracted Quantity shall, unless otherwise agreed to in writing between the Parties, be delivered in equal monthly quantities during the Year which shall be calculated as Annual Contracted Quantity/12 (“Scheduled Quantity” or ““ SQ”); provided that during the first Year of the Term, the Scheduled Quantity shall be suitably pro-rated (i.e. the Scheduled Quantity to be delivered shall be computed suitably commencing from the Signature Effective Date till 31st March of the next Year). As such, for all commercial/operational purpose, the period of calculation of performance in the first year of FSA will be from the Signature date and up to March of next year i.e. March of Next Financial Year. Similarly, for the last year of the FSA tenure, in case the expiring date is not 31st March, then for commercial purposes, the performance of last year will be considered along with second last year as a whole.Year).‌‌ 5.5.2 6.5.2 In case of supply by rail, the Parties agree that in case the Purchaser is unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the balance Scheduled Quantity will be carried forward to the subsequent Month(s)/ Year(s). As and when such carried forward quantity is adequate to form a rake for transportation through rail mode, the same shall be supplied to the Purchaser. If at the end of the Term, any residual Scheduled Quantity remains (including any quantity which has been carried forward as aforesaid), the same shall be dealt with in the following manner: (a) in case the residual Scheduled Quantity is 2000TPA two thousand (2000) TPA or more, the Purchaser will be supplied with the quantity equivalent to one (1) rake; and (b) in case the residual Scheduled Quantity is less than 2000TPAtwo thousand (2000) TPA, such quantity will lapse. 5.5.3 6.5.3 Notwithstanding anything to the contrary contained herein, if for a Year, the Level of Lifting by the Purchaser falls below the thresholds specified in Clause 5.6.1 6.5.1 solely on account of the fact that the Purchaser has been unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the Purchaser shall not be liable to pay any penalty for shortfall in the Level of Lifting caused due to the above above-mentioned reason.reason.‌ 5.5.4 Variation in SQ and supply beyond ACQ: 5.5.4.1 6.5.4 The total variation in the monthly Scheduled Quantity shall not, unless otherwise agreed to in writing by the Parties, exceed ten percent (10% (ten per cent.%) of the Scheduled Quantity. 5.5.4.2 Any variation of SQ beyond 10%(as mentioned above) and supply thereof(even beyond ACQ) shall be with mutual consent of Buyer and Seller and as per relevant clauses of Scheme/FSA document. In this respect, for any supply beyond ACQ as per terms and conditions of FSA, it will be the responsibility of the Purchaser to utilize coal in the linked specified End Use Plant(s) registered under the relevant subsector.

Scheduled Quantity. 5.5.1 5.4.1 The Annual Contracted Quantity shall, unless otherwise agreed to in writing between the Parties, be delivered in equal monthly quantities during the Year which shall be calculated as Annual Contracted Quantity/12 (“Scheduled Quantity” or “SQ”); provided that during the first Year of the Term, the Scheduled Quantity shall be suitably pro-rated (i.e. the Scheduled Quantity to be delivered shall be computed suitably commencing from the Signature Date till 31st March of the next Year). As such, for all commercial/operational purpose, the period In case of calculation of performance in the first year of FSA will be from the Signature date and up to March of next year i.e. March of Next Financial Year. Similarly, for the last year revision / adjustment of the FSA tenureAnnual Contracted Quantity in terms of Clause 5.1.3, then the Scheduled Quantity shall consequently be revised, in case accordance with the expiring date is not 31st March, then for commercial purposes, the performance of last year will be considered along with second last year as a wholeillustration provided in Clause5.1.4. 5.5.2 5.4.2 In case of supply by rail, the Parties agree that in case the Purchaser is unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the balance Scheduled Quantity will be carried forward to the subsequent Month(s)/ Year(s). As and when such carried forward quantity is adequate to form a rake for transportation through rail mode, the same shall be supplied to the Purchaser. If at the end of the Term, any residual Scheduled Quantity remains (including any quantity which has been carried forward as aforesaid), the same shall be dealt with in the following manner: (a) in case the residual Scheduled Quantity is 2000TPA or more, the Purchaser will be supplied with the quantity equivalent to one rake; and (b) in case the residual Scheduled Quantity is less than 2000TPA, such quantity will lapse. 5.5.3 5.4.3 Notwithstanding anything to the contrary contained herein, if for a Year, the Level of Lifting by the Purchaser falls below the thresholds specified in Clause 5.6.1 5.5.1 solely on account of the fact that the Purchaser has been unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the Purchaser shall not be liable to pay any penalty compensation for shortfall in the Level of Lifting caused due to the above mentioned reason. 5.5.4 Variation in SQ and supply beyond ACQ: 5.5.4.1 5.4.4 The total variation in the monthly Scheduled Quantity shall not, unless otherwise agreed to in writing by the Parties, exceed 10% (ten per cent.) of the Scheduled Quantity. 5.5.4.2 Any variation of SQ beyond 10%(as mentioned above) and supply thereof(even beyond ACQ) shall be with mutual consent of Buyer and Seller and as per relevant clauses of Scheme/FSA document. In this respect, for any supply beyond ACQ as per terms and conditions of FSA, it will be the responsibility of the Purchaser to utilize coal in the linked specified End Use Plant(s) registered under the relevant subsector.

Scheduled Quantity. 5.5.1 6.5.1 The Annual Contracted Quantity shall, unless otherwise agreed to in writing between the Parties, be delivered in equal monthly quantities during the Year which shall be calculated as Annual Contracted Quantity/12 (“Scheduled Quantity” or ““ SQ”); provided that during the first Year of the Term, the Scheduled Quantity shall be suitably pro-rated (i.e. the Scheduled Quantity to be delivered shall be computed suitably commencing from the Signature Effective Date till 31st March of the next Year). As such, for all commercial/operational purpose, the period of calculation of performance in the first year of FSA will be from the Signature date and up to March of next year i.e. March of Next Financial Year. Similarly, for the last year of the FSA tenure, in case the expiring date is not 31st March, then for commercial purposes, the performance of last year will be considered along with second last year as a whole. 5.5.2 6.5.2 In case of supply by rail, the Parties agree that in case the Purchaser is unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the balance Scheduled Quantity will be carried forward to the subsequent Month(s)/ Year(s). As and when such carried forward quantity is adequate to form a rake for transportation through rail mode, the same shall be supplied to the Purchaser. If at the end of the Term, any residual Scheduled Quantity remains (including any quantity which has been carried forward as aforesaid), the same shall be dealt with in the following manner: (a) 6.5.2.1 in case the residual Scheduled Quantity is 2000TPA two thousand (2000) TPA or more, the Purchaser will be supplied with the quantity equivalent to one (1) rake; and (b) 6.5.2.2 in case the residual Scheduled Quantity is less than 2000TPAtwo thousand (2000) TPA, such quantity will lapse. 5.5.3 6.5.3 Notwithstanding anything to the contrary contained herein, if for a Year, the Level of Lifting by the Purchaser falls below the thresholds specified in Clause 5.6.1 6.5.1 solely on account of the fact that the Purchaser has been unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the Purchaser shall not be liable to pay any penalty for shortfall in the Level of Lifting caused due to the above above-mentioned reason. 5.5.4 Variation in SQ and supply beyond ACQ: 5.5.4.1 6.5.4 The total variation in the monthly Scheduled Quantity shall not, unless otherwise agreed to in writing by the Parties, exceed ten percent (10% (ten per cent.%) of the Scheduled Quantity. 5.5.4.2 Any variation of SQ beyond 10%(as mentioned above) and supply thereof(even beyond ACQ) shall be with mutual consent of Buyer and Seller and as per relevant clauses of Scheme/FSA document. In this respect, for any supply beyond ACQ as per terms and conditions of FSA, it will be the responsibility of the Purchaser to utilize coal in the linked specified End Use Plant(s) registered under the relevant subsector.

Scheduled Quantity. 5.5.1 The Annual Contracted Quantity shall, unless otherwise agreed to in writing between the Parties, be delivered in equal monthly quantities during the Year which shall be calculated as Annual Contracted Quantity/12 (“Scheduled Quantity” or “SQ”); provided that during the first Year of the TermTerm commencing from the Effective Date for Supply, the Scheduled Quantity shall be suitably pro-rated (i.e. the Scheduled Quantity to be delivered shall be computed suitably commencing from the Signature Effective Date for Supply till 31st March of the next Year). As such, for all commercial/operational purpose, the period of calculation of performance in the first year of FSA will be from the Signature date and up to March of next year i.e. March of Next Financial Year. Similarly, for the last year of the FSA tenure, in case the expiring date is not 31st March, then for commercial purposes, the performance of last year will be considered along with second last year as a whole. 5.5.2 In case of supply by rail, the Parties agree that in case the Purchaser is unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the balance Scheduled Quantity will be carried forward to the subsequent Month(s)/ Year(s). As and when such carried forward quantity is adequate to form a rake for transportation through rail mode, the same shall be supplied to the Purchaser. If at the end of the Term, any residual Scheduled Quantity remains (including any quantity which has been carried forward as aforesaid), the same shall be dealt with in the following manner: (a) in case the residual Scheduled Quantity is 2000TPA or more, the Purchaser will be supplied with the quantity equivalent to one rake; and (b) in case the residual Scheduled Quantity is less than 2000TPA, such quantity will lapse. 5.5.3 Notwithstanding anything to the contrary contained herein, if for a Year, the Level of Lifting by the Purchaser falls below the thresholds specified in Clause 5.6.1 solely on account of the fact that the Purchaser has been unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the Purchaser shall not be liable to pay any penalty for shortfall in the Level of Lifting caused due to the above mentioned reason. 5.5.4 Variation in SQ and supply beyond ACQ: 5.5.4.1 The total variation in the monthly Scheduled Quantity shall not, unless otherwise agreed to in writing by the Parties, exceed 10% (ten per cent.) of the Scheduled Quantity. 5.5.4.2 Any variation of SQ beyond 10%(as mentioned above) and supply thereof(even beyond ACQ) shall be with mutual consent of Buyer and Seller and as per relevant clauses of Scheme/FSA document. In this respect, for any supply beyond ACQ as per terms and conditions of FSA, it will be the responsibility of the Purchaser to utilize coal in the linked specified End Use Plant(s) registered under the relevant subsector.

Scheduled Quantity. 5.5.1 6.5.1 The Annual Contracted Quantity shall, unless otherwise agreed to in writing between the Parties, be delivered in equal monthly quantities during the Year which shall be calculated as Annual Contracted Quantity/12 (“Scheduled Quantity” or ““ SQ”); provided that during the first Year of the Term, the Scheduled Quantity shall be suitably pro-rated (i.e. the Scheduled Quantity to be delivered shall be computed suitably commencing from the Signature Effective Date till 31st March of the next Year). As such, for all commercial/operational purpose, the period of calculation of performance in the first year of FSA will be from the Signature date and up to March of next year i.e. March of Next Financial Year. Similarly, for the last year of the FSA tenure, in case the expiring date is not 31st March, then for commercial purposes, the performance of last year will be considered along with second last year as a whole. 5.5.2 6.5.2 In case of supply by rail, the Parties agree that in case the Purchaser is unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the balance Scheduled Quantity will be carried forward to the subsequent Month(s)/ Year(s). As and when such carried forward quantity is adequate to form a rake for transportation through rail mode, the same shall be supplied to the Purchaser. If at the end of the Term, any residual Scheduled Quantity remains (including any quantity which has been carried forward as aforesaid), the same shall be dealt with in the following manner: (a) in case the residual Scheduled Quantity is 2000TPA two thousand (2000) TPA or more, the Purchaser will be supplied with the quantity equivalent to one (1) rake; and (b) in case the residual Scheduled Quantity is less than 2000TPAtwo thousand (2000) TPA, such quantity will lapse. 5.5.3 6.5.3 Notwithstanding anything to the contrary contained herein, if for a Year, the Level of Lifting by the Purchaser falls below the thresholds specified in Clause 5.6.1 6.5.1 solely on account of the fact that the Purchaser has been unable to lift the Scheduled Quantity due to shortfall in the quantity necessary for formation of rake for transportation through rail mode, the Purchaser shall not be liable to pay any penalty for shortfall in the Level of Lifting caused due to the above above-mentioned reason. 5.5.4 Variation in SQ and supply beyond ACQ: 5.5.4.1 6.5.4 The total variation in the monthly Scheduled Quantity shall not, unless otherwise agreed to in writing by the Parties, exceed ten percent (10% (ten per cent.%) of the Scheduled Quantity. 5.5.4.2 Any variation of SQ beyond 10%(as mentioned above) and supply thereof(even beyond ACQ) shall be with mutual consent of Buyer and Seller and as per relevant clauses of Scheme/FSA document. In this respect, for any supply beyond ACQ as per terms and conditions of FSA, it will be the responsibility of the Purchaser to utilize coal in the linked specified End Use Plant(s) registered under the relevant subsector.