Common use of General Force Majeure Clause in Contracts

General Force Majeure. If either party hereto is delayed in or prevented in whole or part, from performing any of its obligations or from utilizing the coal sold under this Agreement as a result of one or more events or occurrences which are both: (a) beyond the reasonable control of the affected party, and (b) not the result of fault or negligence of the affected party (a “Force Majeure Event”), then the obligations of both parties hereto (other than payment for prior performance, except in case of a bona fide dispute) shall be suspended to the extent made necessary by such Force Majeure Event; provided that the affected party gives written notice to the other party as early as practicable of the existence, nature and probable duration of the Force Majeure Event and makes commercially reasonable efforts to avoid or terminate the cause of the Force Majeure Event. Seller’s obligation to make commercially reasonable efforts to avoid the cause of the Force Majeure Event shall not be interpreted to require Seller to deliver coal to Buyer from Seller’s affiliate mine operations and/or substitute coal sources. Buyer’s obligation to make commercially reasonable efforts to avoid the cause of the Force Majeure Event shall not be interpreted to require Buyer to accept coal from Seller for delivery to any of Buyer’s other generating stations (as listed in Recitals A) which are not affected by the Force Majeure Event or find alternate markets for Seller’s coal. 1. As used herein and subject to the qualifications in (a) and (b) above, the term Force Majeure Event shall include but not be limited to acts of God, war, terrorism, riots, civil insurrection, acts of the public enemy, strikes, lockouts, industry-wide labor shortages, labor disputes which cause work stoppages, industry-wide shortages of materials and supplies, breakdown of equipment, adverse geological conditions in coal seams which were not detected despite prudent and reasonable mine planning and mining practices, explosions, mine accidents, fires, floods, earthquakes, pandemic disease or other emergency situations declared by a relevant jurisdiction, notices or declarations of Force Majeure by transportation carriers or coal terminals, embargoes, legislation, court orders, governmental regulation, or orders or acts of any governmental or military authority (in each case to the extent causing material disruption of the claiming party’s operations that is greater than such disruption existing at the time of execution of the Agreement), or other causes, whether of a similar or dissimilar nature and otherwise meeting the requirements earlier set forth in this section. Force Majeure shall not be based on the inability to obtain necessary mining permit(s) after applying for such with prudent and reasonable diligence and other similar or dissimilar events or occurrences that otherwise satisfy the definition of a Force Majeure Event herein. The party declaring force majeure shall keep the other party advised as to the continuance of the Force Majeure Event. During any period in which Seller’s ability to perform hereunder is affected by a Force Majeure Event, Seller shall not deliver any coal to any other buyers to whom Seller’s ability to supply is similarly affected by such Force Majeure Event unless contractually committed to do so at the beginning of the Force Majeure Event; and further shall deliver to Buyer under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments for the Force Majeure period to all its buyers to whom Seller’s ability to supply is similarly affected by such Force Majeure Event in place at the beginning of the Force Majeure Event, in accordance with the calculation below. If any Force Majeure Event affects Seller’s ability to produce or obtain coal from its affiliate mine operations and/or substitute coal sources which are supplying coal hereunder, such events shall be considered a Force Majeure Event hereunder. During any period in which Buyer’s ability to perform hereunder is affected by a Force Majeure Event, Buyer shall not accept delivery of any coal from any other suppliers to whom Buyer’s ability to accept delivery is similarly affected by such Force Majeure Event unless contractually committed to do so at the beginning of the Force Majeure Event; and further shall accept delivery of coal from Seller under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments to all its suppliers to whom Buyer’s ability to accept delivery of coal is similarly affected by such Force Majeure Event in place at the beginning of the Force Majeure Event, in accordance with the calculation below. If any Force Majeure Event affects Buyer’s ability to accept delivery of coal at its power generating stations which are receiving coal hereunder, such events shall be considered a Force Majeure Event hereunder. For the purpose of any partial or total Force Majeure Event claimed by Seller under this Agreement, it will be presumed that, except for the Force Majeure Event, total production at the Coal Property would have occurred at a rate per day equal to the Base Quantity, or the Base Quantity adjusted to include Make-up Tons, if any, for the calendar year in which the Force Majeure Event occurs, divided by 240, which represents the average number of work days at the Coal Property in a calendar year. For purposes of any partial or total Force Majeure Event claimed by Buyer under this Agreement, it will presumed that, except for the Force Majeure Event, total shipments to Buyer from the Coal Property would have occurred at a rate equal to the Base Quantity, or the Base Quantity adjusted to include Make-up Tons, if any, for the calendar year in which the Force Majeure Event occurs divided by 326, which represents the average number of operating days at the generating stations in a calendar year. During any period in which Seller’s ability to perform hereunder is affected by a Force Majeure Event, Seller's obligation to deliver coal shall be suspended only in an amount or amounts not to exceed the quantity that was scheduled to be delivered from the Coal Property pursuant to 1. For example of a total Force Majeure Event, if Seller’s Coal Property was scheduled to deliver

General Force Majeure. If either a party hereto is delayed in or prevented in whole or part, from performing any of its obligations or from utilizing the coal sold under this Agreement as a result of one or more events or occurrences which are both: (a) beyond the reasonable control of the affected party, and (b) not the result of fault or negligence of the affected party (a “Force Majeure Event”), then the obligations of both parties hereto (other than payment for prior performance, except in case of a bona fide dispute) shall be suspended to the extent made necessary by such Force Majeure Event; provided that the affected party gives written notice to the other party as early as practicable of the existence, nature and probable duration of the Force Majeure Event and makes all commercially reasonable efforts to avoid or terminate and/or limit the cause effect of the Force Majeure Event. Seller’s obligation to make commercially reasonable efforts to avoid the cause of the Force Majeure Event shall not be interpreted to require Seller to deliver coal to Buyer from Seller’s affiliate mine operations and/or substitute coal sources. Buyer’s obligation to make commercially reasonable efforts to avoid the cause of the Force Majeure Event shall not be interpreted to require Buyer to accept coal from Seller for delivery to any of Buyer’s other generating stations (as listed in Recitals A) which are not affected by the Force Majeure Event or find alternate markets for Seller’s coal. 1. As used herein and subject to the qualifications in (a) and (b) aboveherein, the term Force Majeure Event shall include but not be limited to acts of God, war, terrorism, riots, civil insurrection, acts of the public enemy, strikes, lockouts, industry-wide labor shortages, labor disputes which cause work stoppages, industry-industry- wide shortages of materials and supplies, breakdown unforeseen breakdown, outage or unavailability of equipment, adverse geological conditions in coal seams which were not detected despite discernable by prudent and reasonable mine planning and mining practicesengineering, fires, explosions, mine accidentssevere storms, fires, floods, floods or earthquakes, pandemic disease or other emergency situations declared by a relevant jurisdiction, notices or declarations of Force Majeure by transportation carriers or coal terminals, embargoes, legislation, court orders, governmental regulation, or orders or acts of any governmental or military authority (in each case case, to the extent causing material disruption of the claiming party’s operations that is greater than such disruption existing at the time of execution of the Agreement), or other causes, whether of a similar or dissimilar nature and otherwise meeting the requirements earlier set forth in this sectionsentence. Force Majeure shall not be based on on: (1) the loss of Buyer’s markets; (2) Buyer’s inability economically to use or resell the coal purchased hereunder; (3) Seller’s ability to sell the coal at a price greater than the Base Price; (4) Buyer’s ability to buy the coal at a price less than the Base Price; or (5) Seller’s inability to economically produce or obtain necessary mining permit(s) after applying for such with prudent and reasonable diligence and other similar or dissimilar events or occurrences that otherwise satisfy the definition of a Force Majeure Event hereincoal. The party declaring force majeure shall keep the other party advised as to the continuance of the Force Majeure Event and, in the event such party desires to suspend its obligations hereunder, then such party must notify the other party of the impact of the Force Majeure Event within sixty (60) days after the end of the Force Majeure Event. During any period in which Seller’s ability to perform hereunder is affected by a Force Majeure Event, Seller shall not deliver any coal from each Coal Property to any other buyers other than “Other FM Buyers” (as herein after defined). With respect to any given month and each particular Coal Property, “Other FM Buyers” are other buyers to whom Seller’s ability to supply Seller is similarly affected by such Force Majeure Event unless contractually committed to do so make deliveries to in that particular month under a contract which (a) includes such Coal Property and (b) has been in place at the beginning onset of the Force Majeure Event (a “Permitted Contract”). Further, if Seller is delivering coal to Other FM Buyers during the period of Force Majeure Event; and further , Seller shall during each month deliver to Buyer under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments for the Force Majeure period to all its buyers to whom Seller’s ability to supply is similarly affected by such Force Majeure Event in place at the beginning of the Force Majeure Eventmonthly aggregate production from each Coal Property, in accordance with the calculation below. If any Force Majeure Event affects Seller’s ability to produce or obtain coal from its affiliate mine operations and/or substitute coal sources which are supplying coal hereunder, such events shall be considered a Force Majeure Event hereunder. During any period in which Buyer’s ability to perform hereunder is affected by a Force Majeure Event, Buyer shall not accept delivery of any coal from any other suppliers to whom Buyer’s ability to accept delivery is similarly affected by such Force Majeure Event unless contractually committed to do so at the beginning of the Force Majeure Event; and further shall accept delivery of coal from Seller under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments to all its suppliers to whom Buyer’s ability to accept delivery of coal is similarly affected by such Force Majeure Event in place at the beginning of the Force Majeure Event, in accordance with the calculation below. If any Force Majeure Event affects Buyer’s ability to accept delivery of coal at its power generating stations which are receiving coal hereunder, such events shall be considered a Force Majeure Event hereunder. For the purpose of any partial or total Force Majeure Event claimed by Seller under this Agreement, it will be presumed that, except for the Force Majeure Event, total production at the Coal Property would have occurred at a rate per day equal to the Base Quantity, or the Base Quantity adjusted to include Make-up Tons, if any, for the calendar year in which the Force Majeure Event occurs, divided by 240, which represents the average number of work days at the Coal Property in a calendar year. For purposes of any partial or total Force Majeure Event claimed by Buyer under this Agreement, it will presumed that, except for the Force Majeure Event, total shipments below methodology: Required Monthly Delivery to Buyer from the = mBQ x STMP (During Each FM Month for Each Coal Property would have occurred at a rate equal to the Base Quantity, or the Base Quantity adjusted to include Make-up Tons, if any, for the calendar year in which the Force Majeure Event occurs divided by 326, which represents the average number of operating days at the generating stations in a calendar year. During any period in which Seller’s ability to perform hereunder is affected by a Force Majeure Event, Seller's obligation to deliver coal shall be suspended only in an amount or amounts not to exceed the quantity that was scheduled to be delivered from the Coal Property pursuant to 1. For example of a total Force Majeure Event, if Seller’s Coal Property was scheduled to deliverProperty) (∑ mOBQ) + mBQ) Where:

General Force Majeure. If either party hereto hereto, is delayed in or prevented in whole or part, from performing any of its obligations or from utilizing the coal sold under this Agreement as a result of one or more events or occurrences which are both: (a) beyond the reasonable control of the affected partyparty (including any affiliated entity with which the affected party has contracted) exercising reasonable care in accordance with normal and prudent industry standards, and (b) not the result of the fault or negligence of the affected party or an affiliated entity with which the affected party has contracted (a “Force Majeure Event”), then the obligations of both parties hereto (hereto, other than payment the obligation to make payments for prior performancecoal loaded, except in case of a bona fide dispute) shall be suspended to the extent made necessary by such Force Majeure Event; provided that the affected party gives written notice to the other party as early as practicable of the existence, nature and probable duration of the Force Majeure Event and makes all commercially reasonable efforts in accordance with normal and prudent industry standards to avoid or terminate and/or limit the cause effect of the Force Majeure Event. Seller’s obligation to make commercially reasonable efforts to avoid the cause of the Force Majeure Event shall not be interpreted to require Seller to deliver coal to Buyer from Seller’s affiliate mine operations and/or substitute coal sources. Buyer’s obligation to make commercially reasonable efforts to avoid the cause of the Force Majeure Event shall not be interpreted to require Buyer to accept coal from Seller for delivery to any of Buyer’s other generating stations (as listed in Recitals A) which are not affected by the Force Majeure Event or find alternate markets for Seller’s coal. 1. As used herein and subject to the qualifications in (a) and (b) aboveherein, the term Force Majeure Event shall include but not be limited to acts of God, war, terrorism, riots, civil insurrection, acts of the public enemy, strikes, lockouts, industry-wide labor shortages, labor disputes which cause work stoppages, industry-wide shortages of materials and supplies, breakdown of equipment, adverse geological conditions in coal seams which were not detected despite discernable by prudent and reasonable mine planning and mining practices, explosions, mine accidentsengineering, fires, floods, earthquakes, pandemic disease or other emergency situations declared by a relevant jurisdiction, notices or declarations of Force Majeure by transportation carriers or coal terminals, embargoes, legislation, court orders, governmental regulation, or orders or acts of any governmental government or military authority (in each case to the extent causing material disruption of the claiming party’s operations that is greater than such disruption existing at the time of execution of the Agreement), or other causes, whether of a similar or dissimilar nature and otherwise meeting the requirements earlier set forth in this section. Force Majeure shall not be based on include any interruption to or interference with a party’s performance that are the inability result of (i) regular or routine maintenance of equipment or operations, (ii) delays in obtaining, or violations under, any necessary permits, licenses or approvals, to obtain necessary the extent the same are specific to the operations of Seller or Producer as opposed to the coal mining permit(sindustry as a whole, or (iii) after applying for such with any failure to employ prudent and reasonable diligence and other similar or dissimilar events or occurrences practices that otherwise satisfy are standard in the definition of a Force Majeure Event hereinimpacted party’s industry. The party declaring force majeure shall keep the other party advised as to the continuance of the Force Majeure Event. During any period in which Seller’s ability to perform hereunder is affected by a Force Majeure Event, Seller shall not deliver any coal to any other buyers to whom Seller’s ability to supply is similarly affected by such Force Majeure Event unless contractually committed to do so at the beginning of the Force Majeure Event; and further shall deliver to Buyer under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments for the Force Majeure period to all its buyers to whom Seller’s ability to supply is similarly affected by such Force Majeure Event in place at the beginning of the Force Majeure Event, in accordance with the calculation below. If any Force Majeure Event affects Seller’s ability to produce or obtain coal from its affiliate mine operations and/or substitute coal sources which are supplying coal hereunder, such events shall be considered a Force Majeure Event hereunder. During any period in which Buyer’s ability to perform hereunder is affected by a Force Majeure Event, Buyer shall not accept delivery of any coal from any other suppliers to whom Buyer’s ability to accept delivery is similarly affected by such Force Majeure Event unless contractually committed to do so at the beginning of the Force Majeure Event; and further shall accept delivery of coal from Seller under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments to all its suppliers to whom Buyer’s ability to accept delivery of coal is similarly affected by such Force Majeure Event in place at the beginning of the Force Majeure Event, in accordance with the calculation below. If any Force Majeure Event affects Buyer’s ability to accept delivery of coal at its power generating stations which are receiving coal hereunder, such events shall be considered a Force Majeure Event hereunder. For the purpose of any partial or total Force Majeure Event claimed by Seller under this Agreement, it will be presumed that, except for the Force Majeure Event, total production at the Coal Property would have occurred at a rate per day equal to the Base Quantity, or the Base Quantity adjusted to include Make-up Tons, if any, for the calendar year in which the Force Majeure Event occurs, divided by 240, which represents the average number of work days at the Coal Property in a calendar year. For purposes of any partial or total Force Majeure Event claimed by Buyer under this Agreement, it will presumed that, except for the Force Majeure Event, total shipments to Buyer from the Coal Property would have occurred at a rate equal to the Base Quantity, or the Base Quantity adjusted to include Make-up Tons, if any, for the calendar year in which the Force Majeure Event occurs divided by 326, which represents the average number of operating days at the generating stations in a calendar year. During any period in which Seller’s ability to perform hereunder is affected by a Force Majeure Event, Seller's obligation to deliver coal shall be suspended only in an amount or amounts not to exceed the quantity that was scheduled to be delivered from the Coal Property pursuant to 1. For example of a total Force Majeure Event, if Seller’s Coal Property was scheduled to deliver.

General Force Majeure. If either party hereto is delayed in or prevented in whole or part, from performing any of its obligations or from utilizing the coal sold under this Agreement as a result of one or more events or occurrences which are both: (a) beyond the reasonable control of the affected party, and (b) not the result of fault or negligence of the affected party (a “Force Majeure Event”), then the obligations of both parties hereto (other than payment for prior performance, except in case of a bona fide dispute) shall be suspended to the extent made necessary by such Force Majeure Event; provided that the affected party gives written notice to the other party as early as practicable of the existence, nature and probable duration of the Force Majeure Event and makes all commercially reasonable efforts to avoid or terminate and/or limit the cause effect of the Force Majeure Event. Seller’s obligation to make commercially reasonable efforts to avoid the cause of the Force Majeure Event shall not be interpreted to require Seller to deliver coal to Buyer from Seller’s affiliate mine operations and/or substitute coal sources. Buyer’s obligation to make commercially reasonable efforts to avoid the cause of the Force Majeure Event shall not be interpreted to require Buyer to accept coal from Seller for delivery to any of Buyer’s other generating stations (as listed in Recitals A) which are not affected by the Force Majeure Event or find alternate markets for Seller’s coal. 1. As used herein and subject to the qualifications in (a) and (b) aboveherein, the term Force Majeure Event shall include but not be limited to acts of God, war, terrorism, riots, civil insurrection, acts of the public enemy, strikes, lockouts, industry-wide labor shortages, labor disputes which cause work stoppages, industry-wide shortages of materials and supplies, breakdown of equipment, adverse geological conditions in coal seams which were not detected despite discernable by prudent and reasonable mine planning and mining practices, explosions, mine accidentsengineering, fires, floods, earthquakes, pandemic disease or other emergency situations declared by a relevant jurisdiction, notices or declarations of Force Majeure by transportation carriers or coal terminals, embargoes, legislation, court orders, governmental regulation, or orders or acts of any governmental or military authority (in each case to the extent causing material disruption of the claiming party’s operations that is greater than such disruption existing at the time of execution of the Agreement), or other causes, whether of a similar or dissimilar nature and otherwise meeting the requirements earlier set forth in this section. Force Majeure shall not be based on the inability to obtain necessary mining permit(s) after applying for such with prudent and reasonable diligence and other similar or dissimilar events or occurrences that otherwise satisfy the definition of a Force Majeure Event herein. The party declaring force majeure shall keep the other party advised as to the continuance of the Force Majeure Event. During any period in which SellerXxxxxx’s ability to perform hereunder is affected by a Force Majeure Event, Seller shall not deliver any coal from each Coal Property to any other buyers other than “Other FM Buyers” (as herein after defined). With respect to any given month and each particular Coal Property, “Other FM Buyers” are other buyers to whom Seller’s ability to supply Seller is similarly affected by such Force Majeure Event unless contractually committed to do so make deliveries to in that particular month under a contract which (a) includes such Coal Property and (b) has been in place at the beginning onset of the Force Majeure Event (a “Permitted Contract”). Further, if Seller is delivering coal to Other FM Buyers during the period of Force Majeure Event; and further , Seller shall during each month deliver to Buyer under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments for the Force Majeure period to all its buyers to whom Seller’s ability to supply is similarly affected by such Force Majeure Event in place at the beginning of the Force Majeure Eventmonthly aggregate production from each Coal Property, in accordance with the calculation below. If any Force Majeure Event affects Seller’s ability to produce or obtain coal from its affiliate mine operations and/or substitute coal sources which are supplying coal hereunder, such events shall be considered a Force Majeure Event hereunder. During any period in which Buyer’s ability to perform hereunder is affected by a Force Majeure Event, Buyer shall not accept delivery of any coal from any other suppliers to whom Buyer’s ability to accept delivery is similarly affected by such Force Majeure Event unless contractually committed to do so at the beginning of the Force Majeure Event; and further shall accept delivery of coal from Seller under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments to all its suppliers to whom Buyer’s ability to accept delivery of coal is similarly affected by such Force Majeure Event in place at the beginning of the Force Majeure Event, in accordance with the calculation below. If any Force Majeure Event affects Buyer’s ability to accept delivery of coal at its power generating stations which are receiving coal hereunder, such events shall be considered a Force Majeure Event hereunder. For the purpose of any partial or total Force Majeure Event claimed by Seller under this Agreement, it will be presumed that, except for the Force Majeure Event, total production at the Coal Property would have occurred at a rate per day equal to the Base Quantity, or the Base Quantity adjusted to include Make-up Tons, if any, for the calendar year in which the Force Majeure Event occurs, divided by 240, which represents the average number of work days at the Coal Property in a calendar year. For purposes of any partial or total Force Majeure Event claimed by Buyer under this Agreement, it will presumed that, except for the Force Majeure Event, total shipments below methodology: Required Monthly Delivery to Buyer from the = mBQ x STMP (During Each FM Month for Each Coal Property would have occurred at a rate equal to the Base Quantity, or the Base Quantity adjusted to include Make-up Tons, if any, for the calendar year in which the Force Majeure Event occurs divided by 326, which represents the average number of operating days at the generating stations in a calendar year. During any period in which Seller’s ability to perform hereunder is affected by a Force Majeure Event, Seller's obligation to deliver coal shall be suspended only in an amount or amounts not to exceed the quantity that was scheduled to be delivered from the Coal Property pursuant to 1. For example of a total Force Majeure Event, if Seller’s Coal Property was scheduled to deliverProperty) (∑ mOBQ) + mBQ) Where:

General Force Majeure. If either party hereto is delayed in or prevented in whole or part, from performing any of its obligations or from utilizing the coal sold under this Agreement as a result of one or more events or occurrences which are both: (a) beyond the reasonable control of the affected party, and (b) not the result of fault or negligence of the affected party (a “Force Majeure Event”), then the obligations of both parties hereto (other than payment for prior performance, except in case of a bona fide dispute) shall be suspended to the extent made necessary by such Force Majeure Event; provided that the affected party gives written notice to the other party as early as practicable of the existence, nature and probable duration of the Force Majeure Event and makes all commercially reasonable efforts to avoid or terminate and/or limit the cause effect of the Force Majeure Event. Seller’s obligation to make commercially reasonable efforts to avoid the cause of the Force Majeure Event shall not be interpreted to require Seller to deliver coal to Buyer from Seller’s affiliate mine operations and/or substitute coal sources. Buyer’s obligation to make commercially reasonable efforts to avoid the cause of the Force Majeure Event shall not be interpreted to require Buyer to accept coal from Seller for delivery to any of Buyer’s other generating stations (as listed in Recitals A) which are not affected by the Force Majeure Event or find alternate markets for Seller’s coal. 1. As used herein and subject to the qualifications in (a) and (b) aboveherein, the term Force Majeure Event shall include but not be limited to acts of God, war, terrorism, riots, civil insurrection, acts of the public enemy, strikes, lockouts, industry-wide labor shortages, labor disputes which cause work stoppages, industry-wide shortages of materials and supplies, breakdown of equipment, adverse geological conditions in coal seams which were not detected despite discernable by prudent and reasonable mine planning and mining practices, explosions, mine accidentsengineering, fires, floods, earthquakes, pandemic disease or other emergency situations declared by a relevant jurisdiction, notices or declarations of Force Majeure by transportation carriers or coal terminals, embargoes, legislation, court orders, governmental regulation, or orders or acts of any governmental or military authority (in each case to the extent causing material disruption of the claiming party’s operations that is greater than such disruption existing at the time of execution of the Agreement), or other causes, whether of a similar or dissimilar nature and otherwise meeting the requirements earlier set forth in this section. Force Majeure shall not be based on the inability to obtain necessary mining permit(s) after applying for such with prudent and reasonable diligence and other similar or dissimilar events or occurrences that otherwise satisfy the definition of a Force Majeure Event herein. The party declaring force majeure shall keep the other party advised as to the continuance of the Force Majeure Event. During any period in which Seller’s ability to perform hereunder is affected by a Force Majeure Event, Seller shall not deliver any coal from each Coal Property to any other buyers other than “Other FM Buyers” (as herein after defined). With respect to any given month and each particular Coal Property, “Other FM Buyers” are other buyers to whom Seller’s ability to supply Seller is similarly affected by such Force Majeure Event unless contractually committed to do so make deliveries to in that particular month under a contract which (a) includes such Coal Property and (b) has been in place at the beginning onset of the Force Majeure Event (a “Permitted Contract”). Further, if Seller is delivering coal to Other FM Buyers during the period of Force Majeure Event; and further , Seller shall during each month deliver to Buyer under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments for the Force Majeure period to all its buyers to whom Seller’s ability to supply is similarly affected by such Force Majeure Event in place at the beginning of the Force Majeure Eventmonthly aggregate production from each Coal Property, in accordance with the calculation below. If any Force Majeure Event affects Seller’s ability to produce or obtain coal from its affiliate mine operations and/or substitute coal sources which are supplying coal hereunder, such events shall be considered a Force Majeure Event hereunder. During any period in which Buyer’s ability to perform hereunder is affected by a Force Majeure Event, Buyer shall not accept delivery of any coal from any other suppliers to whom Buyer’s ability to accept delivery is similarly affected by such Force Majeure Event unless contractually committed to do so at the beginning of the Force Majeure Event; and further shall accept delivery of coal from Seller under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments to all its suppliers to whom Buyer’s ability to accept delivery of coal is similarly affected by such Force Majeure Event in place at the beginning of the Force Majeure Event, in accordance with the calculation below. If any Force Majeure Event affects Buyer’s ability to accept delivery of coal at its power generating stations which are receiving coal hereunder, such events shall be considered a Force Majeure Event hereunder. For the purpose of any partial or total Force Majeure Event claimed by Seller under this Agreement, it will be presumed that, except for the Force Majeure Event, total production at the Coal Property would have occurred at a rate per day equal to the Base Quantity, or the Base Quantity adjusted to include Make-up Tons, if any, for the calendar year in which the Force Majeure Event occurs, divided by 240, which represents the average number of work days at the Coal Property in a calendar year. For purposes of any partial or total Force Majeure Event claimed by Buyer under this Agreement, it will presumed that, except for the Force Majeure Event, total shipments below methodology: Required Monthly Delivery to Buyer from the = mBQ x STMP (During Each FM Month for Each Coal Property would have occurred at a rate equal to the Base Quantity, or the Base Quantity adjusted to include Make-up Tons, if any, for the calendar year in which the Force Majeure Event occurs divided by 326, which represents the average number of operating days at the generating stations in a calendar year. During any period in which Seller’s ability to perform hereunder is affected by a Force Majeure Event, Seller's obligation to deliver coal shall be suspended only in an amount or amounts not to exceed the quantity that was scheduled to be delivered from the Coal Property pursuant to 1. For example of a total Force Majeure Event, if Seller’s Coal Property was scheduled to deliverProperty) (∑ mOBQ) + mBQ) Where:

General Force Majeure. If either party hereto party, is delayed in or prevented in whole or part, from performing any of its obligations or from utilizing the coal sold under this Agreement as a result of one or more events or occurrences which are both: (a) beyond the reasonable control of the affected partyparty exercising reasonable care in accordance with normal and prudent industry standards, and (b) not the result of fault or negligence of the affected party (a “Force Majeure Event”), then the obligations of both parties hereto (hereto, other than payment the obligation to make payments for prior performancecoal delivered, except in case of a bona fide dispute) shall be suspended to the extent made necessary by such Force Majeure Event; provided that the affected party gives written notice to the other party as early as practicable of the existence, nature and probable duration of the Force Majeure Event and makes all commercially reasonable efforts in accordance with normal and prudent industry standards to avoid or terminate and/or limit the cause effect of the Force Majeure Event. Seller’s obligation to make commercially reasonable efforts to avoid the cause of the Force Majeure Event shall not be interpreted to require Seller to deliver coal to Buyer from Seller’s affiliate mine operations and/or substitute coal sources. Buyer’s obligation to make commercially reasonable efforts to avoid the cause of the Force Majeure Event shall not be interpreted to require Buyer to accept coal from Seller for delivery to any of Buyer’s other generating stations (as listed in Recitals A) which are not affected by the Force Majeure Event or find alternate markets for Seller’s coal. 1. As used herein and subject to the qualifications in (a) and (b) aboveherein, the term Force Majeure Event shall include but not be limited to acts of God, war, terrorism, riots, civil insurrection, acts of the public enemy, strikes, lockouts, industry-wide labor shortages, labor disputes which cause work stoppages, industry-wide shortages of materials and supplies, breakdown of equipment, adverse geological conditions in coal seams which were not detected despite prudent and reasonable mine planning and mining practices, explosions, mine accidents, fires, floods, floods or earthquakes, pandemic disease or other emergency situations declared by a relevant jurisdiction, notices or declarations of Force Majeure by transportation carriers or coal terminals, embargoes, legislation, court orders, governmental regulation, or orders or acts of any governmental or military authority (in each case to the extent causing material disruption of the claiming party’s operations that is greater than such disruption existing at the time of execution of the Agreement), or other causes, whether of a similar or dissimilar nature and otherwise meeting the requirements earlier set forth in this section. Force Majeure shall not be based on the inability to obtain necessary mining permit(s) after applying for such with prudent and reasonable diligence diligence, and other similar or dissimilar events or occurrences that otherwise satisfy the definition of a Force Majeure Event herein, but will not include any interruption to or interference with a party’s performance that are the result of (i) regular or routine maintenance of equipment or operations, (ii) delays in obtaining or violations under any necessary permits, licenses or approvals, to the extent the same are specific to Seller’s operations as opposed to the coal mining industry as a whole, or (iii) any failure to employ prudent practices that are standard in the impacted party’s industry. The party declaring force majeure shall keep the other party advised as to the continuance of the Force Majeure Event. During any period in which Seller’s ability to perform hereunder is affected by a Force Majeure Event, Seller shall not deliver any coal from each Coal Property to any other buyers other than “Other FM Buyers” (as herein after defined). With respect to any given month and each particular Coal Property, “Other FM Buyers” are other buyers to whom Seller’s ability to supply Seller is similarly affected by such Force Majeure Event unless contractually committed to do so make deliveries to in that particular month under a contract which (a) includes such Coal Property and (b) has been in place at the beginning onset of the Force Majeure Event (a “Permitted Contract”). Further, if Seller is delivering coal to Other FM Buyers during the period of Force Majeure Event; and further , Seller shall during each month deliver to Buyer under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments for the Force Majeure period to all its buyers to whom Seller’s ability to supply is similarly affected by such Force Majeure Event in place at the beginning of the Force Majeure Eventmonthly aggregate production from each Coal Property, in accordance with the calculation below. If any below methodology: Required Monthly Delivery to Buyer = [***] (During Each FM Month for Each Coal Property) Where: OFMB = Other Force Majeure Event affects Seller’s ability to produce or obtain coal from its affiliate mine operations and/or substitute coal sources which are supplying coal hereunder, Buyers for such events shall be considered a Force Majeure Event hereunder. During any period in which Buyer’s ability to perform hereunder is affected by a Force Majeure Event, Buyer shall not accept delivery of any coal from any other suppliers to whom Buyer’s ability to accept delivery is similarly affected by Coal Property PC = Permitted Contracts for such Force Majeure Event unless contractually committed to do so at the beginning of the Force Majeure Event; and further shall accept delivery of coal from Seller under this Agreement at least a pro rata portion Coal Property BQ = annual Base Quantity (on a per ton basis) of its total contractual commitments to all its suppliers to whom Buyer’s ability to accept delivery of coal is similarly affected by such Force Majeure Event in place at the beginning of the Force Majeure Event, in accordance with the calculation below. If any Force Majeure Event affects Buyer’s ability to accept delivery of coal at its power generating stations which are receiving coal hereunder, such events shall be considered a Force Majeure Event hereunder. For the purpose of any partial or total Force Majeure Event claimed by Seller under this Agreement, it will be presumed that, except for the Force Majeure Event, ) mBQ = BQ / 12 STMP = Seller’s total production at the during such month from such Coal Property would have occurred OBQ = Annualized contractual base quantities under OFMB’s PC’s at a rate per day equal to the Base Quantity, or the Base Quantity adjusted to include Make-up Tons, if any, for the calendar year in which the Force Majeure time of FM Event occurs, divided by 240, which represents the average number of work days at the Coal Property in a calendar year. mOBQ = OBQ / 12 For purposes of this calculation: In any partial particular monthly calculation, OBQ (and its sum ∑ OBQ) shall not include (a) any base quantities for OFMB whose PC base quantity delivery months have since expired or total Force Majeure Event claimed (b) any base quantities for OFMB whose PC base quantity delivery months have not yet commenced. Further, for PCs with terms of greater or less than 1 year OBQ shall use an annualized base quantity amount for such PC. In any particular monthly calculation, STMP shall be the aggregate tons of coal produced by Buyer under this AgreementSeller in that month from such Coal Property. The term “production” hereunder shall be defined and calculated consistently with the use of that term in the [***] as reported to Department of Labor-Mine Safety and Health Administration. In any particular monthly calculation, it will presumed that, except for the Force Majeure Event, total shipments Seller shall not be required to deliver to Buyer from an amount in excess of the Coal Property would have occurred at a rate equal to the Base Quantity, or the ratable annual Base Quantity adjusted to include Make-up Tons, if any, for the calendar year in which the Force Majeure Event occurs divided by 326, which represents the average number of operating days at the generating stations in a calendar year. During any period in which Seller’s ability to perform hereunder is affected by a Force Majeure Event, Seller's obligation to deliver coal shall be suspended only in an amount or amounts not to exceed the quantity that was scheduled to be delivered from the Coal Property pursuant to 1. For example of a total Force Majeure Event, if Seller’s Coal Property was scheduled to deliver(namely mBQ).

General Force Majeure. If either party hereto is delayed Neither Party shall be in or prevented in whole or part, from performing any of its obligations or from utilizing the coal sold default under this Agreement or liable for any nonperformance that is caused by any unforeseeable occurrence or circumstance beyond such Party's reasonable control (including epidemic, riot, unavailability of resources due to national defense priorities, war, armed hostilities, industry-wide strike, walkouts, civil disobedience, embargo, fire, flood, drought, storm, pestilence, lightning, explosion, power blackout, earthquake, volcanic eruption, civil or military authority, act of God, act of a public enemy, act of terrorism, act of sabotage, act or omission of carriers, or other natural catastrophe or civil disturbance) during the period and to the extent that such extraordinary condition delays, impairs or prevents such Party's performance. Provided that the Party whose performance of obligations under this Agreement is delayed or otherwise impaired as a result of such event (the "Affected Party") has implemented and executes any Disaster Recovery Plan required herein and has notified the other Party in writing of the nature of such event and of the expected delay in or other impairment of performance upon the occurrence of a force majeure event, then the original scheduled date for an obligation of the Affected Party shall be deemed extended as necessary for the Affected Party to perform such obligation by using its best efforts as affected by the force majeure event, provided that if such force majeure event will prevent (or is reasonably expected to prevent) the Publisher from meeting one or more events or occurrences which are both: of its obligations hereunder for more than one hundred twenty (a120) beyond the reasonable control of the affected party, and (b) not the result of fault or negligence of the affected party (a “Force Majeure Event”), then the obligations of both parties hereto (other than payment for prior performance, except in case of a bona fide dispute) shall be suspended to the extent made necessary by such Force Majeure Event; provided that the affected party gives written notice to the other party as early as practicable of the existence, nature and probable duration of the Force Majeure Event and makes commercially reasonable efforts to avoid or terminate the cause of the Force Majeure Event. Seller’s obligation to make commercially reasonable efforts to avoid the cause of the Force Majeure Event shall not be interpreted to require Seller to deliver coal to Buyer from Seller’s affiliate mine operations and/or substitute coal sources. Buyer’s obligation to make commercially reasonable efforts to avoid the cause of the Force Majeure Event shall not be interpreted to require Buyer to accept coal from Seller for delivery to any of Buyer’s other generating stations (as listed in Recitals A) which are not affected by the Force Majeure Event or find alternate markets for Seller’s coal. 1. As used herein and subject to the qualifications in (a) and (b) aboveconsecutive days, the term Force Majeure Event SureWest Parties shall include but not be limited have the option to acts of God, war, terrorism, riots, civil insurrection, acts of the public enemy, strikes, lockouts, industry-wide labor shortages, labor disputes which cause work stoppages, industry-wide shortages of materials and supplies, breakdown of equipment, adverse geological conditions in coal seams which were not detected despite prudent and reasonable mine planning and mining practices, explosions, mine accidents, fires, floods, earthquakes, pandemic disease or other emergency situations declared by a relevant jurisdiction, notices or declarations of Force Majeure by transportation carriers or coal terminals, embargoes, legislation, court orders, governmental regulation, or orders or acts of any governmental or military authority (in each case to the extent causing material disruption of the claiming party’s operations that is greater than such disruption existing at the time of execution of the Agreement), or other causes, whether of a similar or dissimilar nature and otherwise meeting the requirements earlier set forth in terminate this section. Force Majeure shall not be based on the inability to obtain necessary mining permit(s) after applying for such with prudent and reasonable diligence and other similar or dissimilar events or occurrences that otherwise satisfy the definition of a Force Majeure Event herein. The party declaring force majeure shall keep the other party advised as to the continuance of the Force Majeure EventAgreement immediately upon written notice. During any period in which Seller’s occurrence of a force majeure event affecting Publisher's ability to perform hereunder is affected by a Force Majeure Eventhereunder, Seller shall not deliver any coal Publisher will give the SureWest Parties equal or better allocation priority to that of any other buyers to whom Seller’s ability to supply is similarly affected by such Force Majeure Event unless contractually committed to do customer of Publisher. Unless this Agreement has been so at terminated, upon the beginning cessation of a force majeure event, the Affected Party shall inform the other Party of the Force Majeure Event; and further shall deliver to Buyer date on which that Party's obligations under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments for the Force Majeure period to all its buyers to whom Seller’s ability to supply is similarly affected by such Force Majeure Event in place at the beginning of the Force Majeure Event, in accordance with the calculation below. If any Force Majeure Event affects Seller’s ability to produce or obtain coal from its affiliate mine operations and/or substitute coal sources which are supplying coal hereunder, such events shall be considered a Force Majeure Event hereunder. During any period in which Buyer’s ability to perform hereunder is affected by a Force Majeure Event, Buyer shall not accept delivery of any coal from any other suppliers to whom Buyer’s ability to accept delivery is similarly affected by such Force Majeure Event unless contractually committed to do so at the beginning of the Force Majeure Event; and further shall accept delivery of coal from Seller under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments to all its suppliers to whom Buyer’s ability to accept delivery of coal is similarly affected by such Force Majeure Event in place at the beginning of the Force Majeure Event, in accordance with the calculation below. If any Force Majeure Event affects Buyer’s ability to accept delivery of coal at its power generating stations which are receiving coal hereunder, such events shall be considered a Force Majeure Event hereunder. For the purpose of any partial or total Force Majeure Event claimed by Seller under this Agreement, it will be presumed that, except for the Force Majeure Event, total production at the Coal Property would have occurred at a rate per day equal to the Base Quantity, or the Base Quantity adjusted to include Make-up Tons, if any, for the calendar year in which the Force Majeure Event occurs, divided by 240, which represents the average number of work days at the Coal Property in a calendar year. For purposes of any partial or total Force Majeure Event claimed by Buyer under this Agreement, it will presumed that, except for the Force Majeure Event, total shipments to Buyer from the Coal Property would have occurred at a rate equal to the Base Quantity, or the Base Quantity adjusted to include Make-up Tons, if any, for the calendar year in which the Force Majeure Event occurs divided by 326, which represents the average number of operating days at the generating stations in a calendar year. During any period in which Seller’s ability to perform hereunder is affected by a Force Majeure Event, Seller's obligation to deliver coal shall be suspended only in an amount or amounts not to exceed the quantity that was scheduled to be delivered from the Coal Property pursuant to 1. For example of a total Force Majeure Event, if Seller’s Coal Property was scheduled to deliverreinstated.

General Force Majeure. If either party hereto is delayed in or prevented in whole or part, from performing any of its obligations or from utilizing the coal sold under this Agreement as a result of one or more events or occurrences which are both: (a) beyond the reasonable control of the affected party, and (b) not the result of fault or negligence of the affected party (a “Force Majeure Event”), then the obligations of both parties hereto (other than payment for prior performance, except in case of a bona fide dispute) shall be suspended to the extent made necessary by such Force Majeure Event; provided that the affected party gives written notice to the other party as early as practicable of the existence, nature and probable duration of the Force Majeure Event and makes commercially reasonable efforts to avoid or terminate the cause of the Force Majeure Event. Seller’s obligation to make commercially reasonable efforts to avoid the cause of the Force Majeure Event shall not be interpreted to require Seller to deliver coal to Buyer from Seller’s affiliate mine operations and/or substitute coal sources. Buyer’s obligation to make commercially reasonable efforts to avoid the cause of the Force Majeure Event shall not be interpreted to require Buyer to accept coal from Seller for delivery to any of Buyer’s other generating stations (as listed in Recitals A) which are not affected by the Force Majeure Event or find alternate markets for Seller’s coal. 1. The provisions of this paragraph, however, are not intended to alter the outcome, calculation or binding nature of a relevant excused tonnage amount of Seller or Buyer, respectively, in the case of a Force Majeure Event, which calculations are described further in this Section 10.1. As used herein and subject to the qualifications in (a) and (b) above, the term Force Majeure Event shall include but not be limited to acts of God, war, terrorism, riots, civil insurrection, acts of the public enemy, strikes, lockouts, industry-wide labor shortages, labor disputes which cause work stoppages, industry-wide shortages of materials and supplies, breakdown of equipment, adverse geological conditions in coal seams which were not detected despite prudent and reasonable mine planning and mining practices, explosions, mine accidents, fires, floods, floods or earthquakes, pandemic disease or other emergency situations declared by a relevant jurisdiction, notices or declarations of Force Majeure by transportation carriers or coal terminals, embargoes, legislation, court orders, governmental regulation, or orders or acts of any governmental or military authority (in each case to the extent causing material disruption of the claiming party’s operations that is greater than such disruption existing at the time of execution of the Agreement), or other causes, whether of a similar or dissimilar nature and otherwise meeting the requirements earlier set forth in this section. Force Majeure shall not be based on the inability to obtain necessary mining permit(s) after applying for such with prudent and reasonable diligence and other similar or dissimilar events or occurrences that otherwise satisfy the definition of a Force Majeure Event herein. The party declaring force majeure shall keep the other party advised as to the continuance of the Force Majeure Event. During any period in which Seller’s ability to perform hereunder is affected by a Force Majeure Event, Seller shall not deliver any coal to any other buyers to whom Seller’s ability to supply is similarly affected by such Force Majeure Event unless contractually committed to do so at the beginning of the Force Majeure Event; and further shall deliver to Buyer under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments for the Force Majeure period to all its buyers to whom Seller’s ability to supply is similarly affected by such Force Majeure Event in place at the beginning of the Force Majeure Event, in accordance with the calculation below. If any Force Majeure Event affects Seller’s ability to produce or obtain coal from its affiliate mine operations and/or substitute coal sources which are supplying coal hereunder, such events shall be considered a Force Majeure Event hereunder. During any period in which BuyerXxxxx’s ability to perform hereunder is affected by a Force Majeure Event, Buyer shall not accept delivery of any coal from any other suppliers to whom BuyerXxxxx’s ability to accept delivery is similarly affected by such Force Majeure Event unless contractually committed to do so at the beginning of the Force Majeure Event; and further shall accept delivery of coal from Seller under this Agreement at least a pro rata portion (on a per ton basis) of its total contractual commitments to all its suppliers to whom BuyerXxxxx’s ability to accept delivery of coal is similarly affected by such Force Majeure Event in place at the beginning of the Force Majeure Event, in accordance with the calculation below. If any Force Majeure Event affects Buyer’s ability to accept delivery of coal at its power generating stations which are receiving coal hereunder, such events shall be considered a Force Majeure Event hereunder. For the purpose of any partial or total Force Majeure Event claimed by Seller under this Agreement, it will be presumed that, except for the Force Majeure Event, total production at the Coal Property would have occurred at a rate per day equal to the Base Quantity, or the Base Quantity adjusted to include Make-up Tons, if any, for the calendar year in which the Force Majeure Event occurs, divided by 240, which represents the average number of work days at the Coal Property in a calendar year. For purposes of any partial or total Force Majeure Event claimed by Buyer under this Agreement, it will presumed that, except for the Force Majeure Event, total shipments to Buyer from the Coal Property would have occurred at a rate equal to the Base Quantity, or the Base Quantity adjusted to include Make-up Tons, if any, for the calendar year in which the Force Majeure Event occurs divided by 326, which represents the average number of operating days at the generating stations in a calendar year. During any period in which SellerXxxxxx’s ability to perform hereunder is affected by a Force Majeure Event, Seller's obligation to deliver coal shall be suspended only in an amount or amounts not to exceed the quantity that was scheduled to be delivered from the Coal Property pursuant to 1. For example of a total Force Majeure Event, if Seller’s Coal Property was scheduled to deliver