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Annexure XIV Continued… - Edelweiss

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KEY PROVISIONS OF CERTAIN AGREEMENTS<br />

The following is a description of terms and conditions and the general nature of certain material contracts in<br />

relation to our business. This section should be read in conjunction with “Our Business” on page 136.<br />

A. COAL BENEFICIATION BUSINESS<br />

I. Dipka Area (Dipka washery, Gevra washery and Chakabura washery)<br />

1. Work order dated May 10, 2010 to our Company by Gujarat State Electricity Corporation Limited<br />

(“GSECL”) for beneficiation of coal and supply of beneficiated coal to GSECL’s thermal power<br />

stations and agreement dated July 19, 2010 thereto<br />

Pursuant to tender no. GSECL/Fuel/Wash Coal/2009A and letter of intent no. GSECL/Fuel/Wash<br />

Coal/2009/385 issued by GSECL and other correspondences and negotiations with our Company, GSECL<br />

placed a work order dated May 10, 2010 with our Company (“GSECL Work Order”) for beneficiation of<br />

RoM ‘F’ grade coal and supply of beneficiated coal to GSECL’s thermal power stations.<br />

As per the GSECL Work Order, our Company is required to lift RoM ‘F’ grade coal by road-mode from the<br />

collieries of South Eastern Coalfields Limited (“SECL”) in Korba coalfields, beneficiate the coal at the Dipka<br />

washery with its wet beneficiation process and supply the beneficiated coal to the power stations of GSECL at<br />

Ukai, Gandhinagar, Wanakbori and Sikka as per the rail mode in accordance with the specified monthly<br />

delivery schedule. The quantity of beneficiation of coal shall be 7.50 lakh MT per month with effect from<br />

April 1, 2010The quantity of allocated coal by GSECL may vary depending upon the decision of GSECL and<br />

allocation of coal by SECL from time to time. Accordingly, GSECL has reserved the right to vary the quantity<br />

of coal.<br />

Our Company is responsible for making the necessary arrangements for transportation of the coal from the<br />

collieries of SECL to the washeries and the safe transportation of beneficiated coal from the washeries to the<br />

railway siding. Our company is also responsible for getting the right quality of ‘F’ grade RoM coal with proper<br />

top size from SECL and ensuring that the beneficiated coal is transported as per the specified quality<br />

parameters from the washery plant to the railway sliding. The price to be paid for the beneficiating charges,<br />

transportation charges and pay loader charges is Rs. 120.37 per MT.<br />

The GSECL Work Order provides for payment of penalty by our Company in the event the quality of the RoM<br />

and the beneficiated coal is not in accordance with the quality as specified in it. The term of the GSECL Work<br />

Order is for a period of one year from April 1, 2010 and may be extended at the sole discretion of GSECL with<br />

the same rates, terms and conditions for a period of six months or till finalisation of new order by GSECL,<br />

whichever is earlier. The GSECL Work Order was extended for two months by GSECL pursuant to a letter<br />

dated March 24, 2011 and is currently valid through May 2011. The GSECL Work Order may be terminated<br />

by GSECL, without giving any notice period and without any compensation, if our Company fails to start the<br />

execution of the contract by the date committed by it. GSECL also has the right to terminate the GSECL Work<br />

Order by giving one month written notice without assigning any reasons thereof.<br />

Our Company and GSECL entered into an agreement dated July 19, 2010 to give effect to the GSECL Work<br />

Order.<br />

2. Work order dated July 25, 2006 to our Company by Rajasthan Rajya Vidyut Utpadan Nigam Limited<br />

(“RRVUNL”) for beneficiation of coal and supply of beneficiated coal to Kota and Suratgarh<br />

thermal power stations and agreement dated August 14, 2006 thereto<br />

Pursuant to correspondences between our Company and RRVUNL, RRUVNL placed a work order dated July<br />

25, 2006 with our Company (“RRUVNL Work Order”) for beneficiation of coal and supply of beneficiated<br />

coal to Kota and Suratgarh thermal power stations.<br />

The RRUVNL Work Order is for beneficiation of 6.00 lakh MT per month raw coal grade ‘F’ against linkages<br />

granted by the standing linkage committee from Korba Field of SECL. This quantity may vary depending upon<br />

the total allocation of linkages of coal to RRUVNL from time to time. The responsibility of our Company<br />

includes the transportation of raw coal from the collieries to the beneficiation plant by road including<br />

unloading at coal washery, beneficiating the raw coal, transporting the raw coal from the washery to the<br />

nearest railway siding and loading the washed coal into railway wagons. The RRUVNL Work Order provides<br />

364

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