New Coal Supply Agreement. NorthWestern, acting diligently and in good faith, shall use its Commercially Reasonable Efforts to enter into, not later than December 31, 2024, an agreement providing, on terms and conditions that are reasonably comparable to terms then prevalent in relevant markets and that would allow the Project to continue to operate economically, for a supply of coal to the Project sufficient to permit the generation of electric power by the maximum permitted capacity of the Project Share then held by NorthWestern (inclusive of the Avista Colstrip Units 3&4 Interests and any other interests in Colstrip Unit 3 and Colstrip Unit 4 acquired from any other Owners) during the period from January 1, 2026 through December 31, 2030 (any such agreement, a “New Coal Supply Agreement”). During the pendency of the negotiations with respect to the New Coal Supply Agreement, NorthWestern will keep Avista informed on a quarterly basis regarding the status of such negotiations and will make itself available on a reasonable basis to respond to any questions that Avista may have regarding the status of such negotiations.
