Common use of Sampling and Analysis Clause in Contracts

Sampling and Analysis. The sampling and analysis of the coal shall be performed by Seller upon loading of the coal, and the results thereof shall be accepted and used as defining the quality and characteristics of the coal under this Agreement and as the Payment Analysis. All analyses shall be made in Seller’s laboratory at Seller’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its quality analysis to Buyer as soon as possible. Each sample taken by Seller shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Seller. One (1) part shall be used by Seller as a check sample, if Seller in its sole judgment determines it is necessary. One (1) part shall be retained by Seller until thirty (30) days after the sample is taken (“Disposal Date”), and shall be delivered to Buyer for analysis if Buyer so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Seller until the Disposal Date. Buyer, on reasonable notice to Seller, shall have the right to have a representative present to observe the sampling and analyses performed by Seller. Unless Buyer requests an analysis of the Referee Sample before the Disposal Date, Seller’s analysis shall be used to determine the quality of the coal under this Agreement and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Seller shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.

Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Seller Buyer upon loading delivery of the coalcoal to Buyer’s facility, and the results thereof shall be accepted and used as defining the quality and characteristics of the coal delivered under this Agreement and as the Payment Analysis. All analyses shall be made in SellerBuyer’s laboratory at SellerBuyer’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality shall be the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Seller Buyer shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by SellerBuyer. One (1) part shall be used by Seller Buyer as a check sample, if Seller Buyer in its sole judgment determines it is necessary. One (1) part shall be retained by Seller Buyer until thirty (30) days after the sample is taken (“Disposal Date”), and shall be delivered to Buyer Seller for analysis if Buyer Seller so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Seller Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 Seller, on reasonable notice to SellerBuyer, shall have the right to have a representative present to observe the sampling and analyses performed by SellerBuyer. Unless Buyer Seller requests an analysis of the Referee Sample before the Disposal Date, SellerBuyer’s analysis shall be used to determine the quality of the coal under this Agreement delivered hereunder and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Seller Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Contract No. J12004

Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Seller Buyer upon loading delivery of the coalcoal to Buyer’s facility, and the results thereof shall be accepted and used as defining the quality and characteristics of the coal delivered under this Agreement and as the Payment Analysis. All analyses shall be made in SellerBuyer’s laboratory at SellerBuyer’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality shall be the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Seller Buyer shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by SellerBuyer. One (1) part shall be used by Seller Buyer as a check sample, if Seller Buyer in its sole judgment determines it is XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 necessary. One (1) part shall be retained by Seller Buyer until thirty (30) days after the sample is taken (“Disposal Date”), and shall be delivered to Buyer Seller for analysis if Buyer Seller so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Seller Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business day of the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to SellerBuyer, shall have the right to have a representative present to observe the sampling and analyses performed by Seller. Buyer, Unless Buyer Seller requests an analysis of the Referee Sample before the Disposal Date, SellerBuyer’s analysis shall be used to determine the quality of the coal under this Agreement delivered hereunder and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Seller Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Contract No. J14004

Sampling and Analysis. The Buyer shall perform all sampling and analysis of the coal shall be performed by Seller upon loading of the coal, at its expense and the results thereof of Buyer’s testing shall be accepted and used as defining for the quality and characteristics of the coal fuel delivered under this Agreement Purchase Order. Seller may observe the unloading, sampling, sample preparation and as analysis hereunder. Buyer’s sampling and analysis practices for the Payment Analysis. All analyses fuel delivered under this Purchase Order shall be made performed in Seller’s laboratory at Seller’s expense in accordance substantial compliance with ASTM standards where applicable, applicable or industry-accepted standards in other casesmutually agreed methods. Samples for analyses Each fuel sample collected by the Buyer shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its quality analysis to Buyer as soon as possible. Each sample taken by Seller shall be properly divided into at least four (4) parts and put into airtight containers, properly labeled and sealedsub-samples. One (1) part shall be used for analysis analyzed by SellerBuyer pursuant to the terms herein. One (1) part shall be used by Seller Buyer as a check sample, if Seller in its sole reasonable judgment determines it is necessary. One (1) ; one part shall be retained by Seller Buyer until thirty the twenty fifth (3025th) days of the month following the month of unloading (the “Disposal Date”) after the sample is taken (“Disposal Date”), and shall be delivered to Buyer Seller for analysis if Buyer Seller so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Seller Buyer until the Disposal Date. BuyerSeller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. Seller, on reasonable notice to SellerBuyer, shall have the right to have a representative present to observe the sampling and analyses performed by SellerBuyer. Unless Buyer Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, SellerBuyer’s analysis shall be used to determine the quality of the coal under this Agreement and shall be the Payment Analysisfuel delivered hereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Seller Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis All testing of any such sample by the Independent Lab differs shall be at requestor’s expense unless the results differ by more than the applicable ASTM reproducibility standards. If the Independent Lab results differ from Buyer’s analysis by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, govern and the prior analysis shall be disregarded. All testing costs of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment AnalysisBuyer.

Sampling and Analysis. The Seller has sole responsibility for quality control of only coal and shall forward its loading quality to Buyer within two business days after loading. The sampling and analysis of the coal delivered hereunder shall be performed by Seller upon loading of the coalBuyer on a per Shipment basis, as defined hereinabove, and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as Agreement. Buyer shall send to CONTRACT #LGE02014 Seller by telecopier or electronic data transmittal a copy of the Payment Analysisanalysis within five (5) business days after sampling the applicable shipment. All analyses shall be made in Seller’s Buyer's laboratory at Seller’s Buyer's expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with such standards for sampling, may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Buyer shall notify Seller in writing of any significant changes in Buyer's sampling and analysis practices within five (5) days after any such change. Any such changes in Buyer's sampling and analysis practices shall, except for ASTM standards or other methods industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually acceptable to both parties. Seller shall transmit its quality analysis to Buyer as soon as possibleagreed upon. Each sample taken by Seller Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Seller. One (1) Buyer; one part shall be used by Seller Buyer as a check sample, if Seller Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Seller Buyer until thirty the 25th of the month following the month of unloading (30) days after the sample is taken (“"Disposal Date”), ") and shall be delivered to Buyer Seller for analysis if Buyer Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Seller Buyer until the Disposal Date. BuyerSeller shall be given copies of all analyses made by Buyer by the 12th business day of the month following the month of unloading. Seller, on reasonable notice to SellerBuyer, shall have the right to have a representative present to observe the sampling and analyses performed by SellerBuyer. Unless Buyer Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Seller’s Buyer's analysis shall be used to determine the quality of the coal under this Agreement and shall be the Payment AnalysisCoal delivered hereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Seller Buyer CONTRACT #LGE02014 shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification analysis of Buyer by more than the applicable ASTM reproducibility standards as an amount equal to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.or less than:

Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Seller upon loading of the coal, Buyer and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in SellerBuyer’s laboratory at SellerBuyer’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM standards or other methods by any industry-accepted standard, mutually acceptable to both parties, may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and finds them to be acceptable. Buyer shall transmit its quality notify Seller in writing of any significant changes in Buyer’s sampling and analysis to Buyer as soon as possiblepractices. Any such changes in Buyer’s sampling and analysis practices shall, except for industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Seller Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Seller. One (1) Buyer; one part shall be used by Seller Buyer as a check sample, if Seller Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Seller Buyer until thirty the twenty-fifth (3025th) days after of the sample is taken month following the month of unloading (the “Disposal Date”), ) and shall be delivered to Buyer Seller for analysis if Buyer Seller so requests before the Disposal Date. One (1) ; and one part (the “Referee Sample”) shall be retained by Seller Buyer until the Disposal Date. BuyerSeller shall be given copies of all analyses made by Buyer by the twelfth (12th) business day of the month following the month of unloading. Seller, on reasonable notice to Seller, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by SellerBuyer. Unless Buyer Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, SellerBuyer’s analysis shall be used to determine the quality of the coal under this Agreement and shall be the Payment Analysisdelivered hereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Seller Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification analysis of Buyer by more than the applicable ASTM reproducibility standards as an amount equal to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.or less than:

Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Seller upon loading of the coal, Buyer and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Seller’s Buyer's laboratory at Seller’s Buyer's expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM standards or other methods by any industry-accepted standard, mutually acceptable to both parties, may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer's sampling and analysis practices, and finds them to be acceptable. Buyer shall transmit its quality notify Seller in writing of any significant changes in Buyer's sampling and analysis to Buyer as soon as possiblepractices. Any such changes in Buyer's sampling and analysis practices shall, except for industry Contract #LGE 99-002 accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Seller Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Seller. One (1) Buyer; one part shall be used by Seller Buyer as a check sample, if Seller Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Seller Buyer until thirty the 25th of the month following the month of unloading (30) days after the sample is taken (“"Disposal Date”), ") and shall be delivered to Buyer Seller for analysis if Buyer Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Seller Buyer until the Disposal Date. BuyerSeller shall be given copies of all analyses made by Buyer by the 12th business day of the month following the month of unloading. Seller, on reasonable notice to Seller, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by SellerBuyer. Unless Buyer Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Seller’s Buyer's analysis shall be used to determine the quality of the coal under this Agreement and shall be the Payment Analysisdelivered hereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Seller Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification analysis of Buyer by more than the applicable ASTM reproducibility standards as an amount equal to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.or less than:

Sampling and Analysis. The sampling and analysis of the coal each Shipment shall be performed by Seller upon in the process of loading of the coalindividual Shipments, except as otherwise provided herein, and the results thereof shall be accepted and used as the defining the quality and characteristics of the coal under this Agreement and as shall be used in determining the payments for the relevant Shipments (the “Payment Analysis”). All analyses shall be made in Seller’s laboratory by an independent commercial testing laboratory, at Seller’s expense expense, in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as-loaded” quality analysis to Buyer as soon as possible. Buyer’s “unloaded” quality shall be the Payment Analysis only when Seller’s sampler and/or scales are inoperable, if Seller fails to obtain a sample upon loading, or when Seller’s Drafting contractor fails to obtain the necessary drafting data points upon loading. Seller shall notify Buyer in writing of any significant changes in Seller’s sampling and analysis practices. Any such changes in Seller’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the parties otherwise mutually agree. Each sample taken by Seller shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Seller. One (1) part shall be used by Seller as a check sample, if Seller in its sole judgment determines it is necessary. One (1) part shall be retained by Seller until thirty (30) days after the sample is taken (“Disposal Date”), and shall be delivered to Buyer for analysis if Buyer so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Seller until the Disposal Date. Buyer, on reasonable notice to Seller, shall have the right to have a representative present to observe the sampling and analyses performed by Seller. Unless Buyer requests an analysis of the Referee Sample before the Disposal Date, Seller’s analysis shall be used to determine the quality of the coal under this Agreement and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Seller shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.

Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Seller upon loading of the coal, Buyer and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Seller’s Buyer's laboratory at Seller’s Buyer's expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM standards or other methods by any industry-accepted standard, mutually acceptable to both parties, may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer's sampling and analysis practices, and finds them to be acceptable. Buyer shall transmit its quality notify Seller in writing of any significant changes in Buyer's sampling and analysis to Buyer as soon as possiblepractices. Any such changes in Buyer's sampling and analysis practices shall, except for industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Seller Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used CONTRACT #00-000-000 for analysis by Seller. One (1) Buyer; one part shall be used by Seller Buyer as a check sample, if Seller Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Seller Buyer until thirty the 25th of the month following the month of unloading (30) days after the sample is taken (“"Disposal Date”), ") and shall be delivered to Buyer Seller for analysis if Buyer Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Seller Buyer until the Disposal Date. BuyerSeller shall be given copies of all analyses made by Buyer by the 12th day of the month following the month of unloading. Seller, on reasonable notice to Seller, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by SellerBuyer. Unless Buyer Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Seller’s Buyer's analysis shall be used to determine the quality of the coal under this Agreement and shall be the Payment Analysisdelivered hereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Seller Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification analysis of Buyer by more than the applicable ASTM reproducibility standards as an amount equal to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.or less than:

Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Seller upon loading of the coal, Buyer and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Seller’s Buyer's laboratory at Seller’s Buyer's expense in accordance with ASTM standards where applicable, or industry-reliable and industry accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually by any reliable and industry accepted standard acceptable to both parties, may be composited, and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer's sampling and analysis practices, and finds them to be acceptable. Buyer shall transmit its quality notify Seller in writing of any CONTRACT #00-000-000 significant changes in Buyer's sampling and analysis to Buyer as soon as possiblepractices. Any such changes in Buyer's sampling and analysis practices shall, except for industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Seller Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Seller. One (1) Buyer; one part shall be used by Seller Buyer as a check sample, if Seller Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Seller Buyer until thirty the 25th of the month following the month of unloading (30) days after the sample is taken (“"Disposal Date”), ") and shall be delivered to Buyer Seller for analysis if Buyer Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Seller Buyer until the Disposal Date. BuyerSeller shall be given copies of all analyses made by Buyer by the 12th day of the month following the month of unloading. Seller, on reasonable notice to Seller, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by SellerBuyer. Unless Buyer Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Seller’s Buyer's analysis shall be used to determine the quality of the coal under this Agreement and shall be the Payment Analysisdelivered hereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Seller Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer's analysis shall prevail and the analysis of the CONTRACT #00-000-000 Independent Lab shall be disregarded if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification analysis of Buyer by more than the applicable ASTM reproducibility standards as an amount equal to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.or less than:

Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its as loaded quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Seller upon loading of the coal, Buyer and the results thereof shall CONSOL ENERGY INC. LG&E CONTRACT #LGE 00010 KU CONTRACT #KUF00731 be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Seller’s Buyer's laboratory at Seller’s Buyer's expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesBuyer's approved methods. Samples for analyses shall be taken in accordance by Buyer's approved procedures of sampling, may be composited and shall be taken with ASTM standards or other methods mutually acceptable a frequency and regularity sufficient to both partiesprovide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer's sampling and analysis practices, and finds them to be acceptable. Buyer shall transmit its quality notify Seller in writing of any significant changes in Buyer's sampling and analysis to Buyer as soon as possiblepractices. Any such changes in Buyer's sampling and analysis practices shall provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the parties otherwise mutually agree. Each sample taken by Seller Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Seller. One (1) Buyer; one part shall be used by Seller Buyer as a check sample, if Seller Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Seller Buyer (LG&E) until the 25th of the month following the month of unloading (the "Disposal Date") or Buyer (KU) until thirty (30) days ("Disposal Date") after the sample is taken (“Disposal Date”)taken, and shall be delivered to Buyer Seller for analysis if Buyer Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Seller Buyer until the Disposal Date. BuyerSeller shall be given copies of all analyses made by Buyer by the 12th business day of the month following the month of unloading, in addition, Buyer (KU) will send weekly analyses of coal unloadings to Seller. Seller, on reasonable notice to Seller, Buyer shall have the right to have a representative present CONSOL ENERGY INC. LG&E CONTRACT #LGE 00010 KU CONTRACT #KUF00731 to observe the sampling and analyses performed by SellerBuyer. Unless Buyer Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Seller’s Buyer's analysis shall be used to determine the quality of the coal under this Agreement and shall be the Payment Analysisdelivered hereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Seller Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis All testing of any such sample by the Independent Lab differs shall be at requestor's expense unless the results differ by more than the applicable ASTM reproducibility standards, in such case, Buyer will pay for testing. If the Independent Lab results differ by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the The cost of the analysis made by the Independent Lab shall be borne by Seller to the party who provided extent that Buyer's analysis prevails and by Buyer to the original Payment Analysisextent that the analysis of the Independent Lab prevails.

Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its loading quality to the Buyer as soon as possible. The sampling and analysis of the coal loaded hereunder shall be performed by Seller upon loading of the coal, and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in done at an independent laboratory located on Seller’s laboratory 's property and at Seller’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other cases's expense. Samples for analyses shall be taken in accordance by ASTM approved procedures of sampling, may be composited and shall be taken with ASTM standards or other methods mutually acceptable a frequency and regularity sufficient to both partiesprovide reasonably accurate representative samples of the shipments made hereunder. Seller shall transmit its quality notify Buyer in writing of any significant changes in Seller's sampling and analysis to Buyer as soon as possiblepractices. Any such changes in Seller's sampling and analysis practices shall provide for no less ARCH COAL SALES CO., INC. KU Contract # KUF02848 PRB accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Seller shall be divided into four three (43) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Seller. One (1) part shall be used by Seller as a check sample, if Seller in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Seller until for thirty (30) days ("Retention Period") after the sample is taken (“Disposal Date”)taken, and shall be delivered to Buyer for analysis if Buyer so requests before the Disposal Date. One (1) end of the Retention Period; and one part (the “"Referee Sample”") shall be retained by Seller until the Disposal Datefor thirty (30) days. Buyer, on reasonable notice to Seller, Seller shall have the right to have a representative present to observe the sampling and analyses performed by Seller. Unless Buyer requests an analysis of the a Referee Sample before the Disposal Dateanalysis, Seller’s 's analysis shall be used to determine the quality of the coal under this Agreement and shall be the Payment Analysisloaded hereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to Buyer disputes the analysis of any sample before the Disposal Date for such sampleanalysis, the Referee Sample retained by Seller shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis All testing of any such sample by the Independent Lab differs shall be at requestor's expense unless the results differ by more than the applicable ASTM reproducibility standards, in such case Buyer will pay for testing. If the Independent Lab results differ by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the The cost of the analysis made by the Independent Lab shall be borne by Buyer to the party who provided extent that Seller's analysis prevails and by Seller to the original Payment Analysisextent that the analysis of the Independent Lab prevails. ARCH COAL SALES CO., INC. KU Contract # KUF02848 PRB

Sampling and Analysis. The sampling and analysis of the coal shall be performed by Seller upon loading of the coalSeller, and the results thereof shall be accepted and used as defining the quality and characteristics of the coal under this Agreement and except as the Payment Analysisotherwise provided. All analyses analyses, for moisture %, ash %, sulfur % and Btu, shall be made in Seller’s by an independent commercial testing laboratory at Seller’s expense in accordance with ASTM standards where applicable, or industry-industry- accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as- loaded” quality analysis to Buyer as soon as possible. Buyer’s “unloaded” quality shall be the Payment Analysis only when Seller’s sampler and/or scales are inoperable, or if Seller fails to obtain a sample upon loading. Buyer represents that it is familiar with Seller’s sampling and analysis practices, and that it finds them to be acceptable. Seller shall notify Buyer in writing of any significant changes in Seller’s sampling and analysis practices. Any such changes in Seller’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless Buyer and Seller otherwise mutually agree. Each sample taken by Seller shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Seller. One (1) part shall be used by Seller as a check sample, if Seller in its sole judgment determines it is necessary. One (1) part shall be retained by Seller until thirty (30) days after the sample is taken (“Disposal Date”), ) and shall be delivered to Buyer for analysis if Buyer so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Seller until the Disposal Date. Buyer, on reasonable notice to Seller, shall have the right to have a representative present to observe the sampling and analyses performed by Seller. Unless Buyer requests an analysis of the Referee Sample before the Disposal Date, Seller’s analysis shall be used to determine the quality of the coal under this Agreement and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Seller shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.

Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its loading quality to the Buyer as soon as possible. The sampling and analysis of the coal loaded hereunder shall be performed by Seller upon loading of the coal, and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Seller’s laboratory or an independent laboratory at Seller’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesexpense. Samples for analyses shall be taken in accordance by Seller’s approved procedures of sampling, may be composited and shall be taken with ASTM standards or other methods mutually acceptable a frequency and regularity sufficient to both partiesprovide reasonably accurate representative samples of the loadings made hereunder. Seller shall transmit its quality notify Buyer in writing of any significant changes in Seller’s sampling and analysis to Buyer as soon as possiblepractices. Any such changes in Seller’s sampling and analysis practices shall provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Seller shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Seller. One (1) ; one part shall be used by Seller as a check sample, if Seller in its sole judgment determines it is necessary. One (1) one part shall be retained by Seller until thirty (30) days after the sample is taken (“Disposal Date”)) after the sample is taken, and shall be delivered to Buyer for analysis if Buyer so requests before the Disposal Date. One (1) ; and one part (the “Referee Sample”) shall be retained by Seller until the Disposal Date. Buyer, on reasonable notice to Seller, shall have the right to have a representative present to observe the sampling and analyses performed by Seller. Unless Buyer requests an analysis of the a Referee Sample analysis before the Disposal Date, Seller’s analysis shall be used to determine the quality of the coal under this Agreement and shall be the Payment Analysisloaded hereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Seller shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis All testing of any such sample by the Independent Lab differs shall be at requestor’s expense unless the results differ by more than the applicable ASTM reproducibility standards, in such case Buyer will pay for testing. If the Independent Lab results differ by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the The cost of the analysis made by the Independent Lab shall be borne by Buyer to the party who provided extent that Seller’s analysis prevails and by Seller to the original Payment Analysisextent that the analysis of the Independent Lab prevails.

Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Seller upon loading of the coal, Buyer and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as Agreement. Buyer shall send to Seller by telecopier or electronic data transmittal a copy of the Payment Analysisanalysis within (10) business days after sampling the applicable shipment. All analyses shall be made in Seller’s Buyer's laboratory at Seller’s Buyer's expense in accordance with ASTM standards where applicable, or industry-reliable and industry accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually by any reliable and industry accepted standard acceptable to both parties, may be composited, and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer's sampling and analysis practices, and finds them to be acceptable. Buyer shall transmit its quality notify Seller in writing of any significant changes in Buyer's sampling and analysis to Buyer as soon as possiblepractices. Any such changes in Buyer's sampling and analysis practices shall, except for industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Seller Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Seller. One (1) Buyer; one part shall be used by Seller Buyer as a check sample, if Seller Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Seller Buyer until thirty the 25th of the month following the month CONTRACT #00-000-000 of unloading (30) days after the sample is taken (“"Disposal Date”), ") and shall be delivered to Buyer Seller for analysis if Buyer Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Seller Buyer until the Disposal Date. BuyerSeller shall be given copies of all analyses made by Buyer by the 12th day of the month following the month of unloading. Seller, on reasonable notice to Seller, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by SellerBuyer. Unless Buyer Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Seller’s Buyer's analysis shall be used to determine the quality of the coal under this Agreement and shall be the Payment Analysisdelivered hereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Seller Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification analysis of Buyer by more than the applicable ASTM reproducibility standards as an amount equal to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.or less than:

Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Seller upon loading of the coal, Buyer and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as Agreement. Buyer shall send to Seller by telecopier or electronic data transmittal a copy of the Payment Analysisanalysis within ten (10) business days after sampling the applicable shipment. All analyses shall be made in Seller’s Buyer's laboratory at Seller’s Buyer's expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM standards or other methods by any industry-accepted standard, mutually acceptable to both parties, may be composited and shall CONTRACT #00-000-000 be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer's sampling and analysis practices, and finds them to be acceptable. Buyer shall transmit its quality notify Seller in writing of any significant changes in Buyer's sampling and analysis to Buyer as soon as possiblepractices. Any such changes in Buyer's sampling and analysis practices shall, except for industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Seller Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Seller. One (1) Buyer; one part shall be used by Seller Buyer as a check sample, if Seller Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Seller Buyer until thirty the 25th of the month following the month of unloading (30) days after the sample is taken (“"Disposal Date”), ") and shall be delivered to Buyer Seller for analysis if Buyer Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Seller Buyer until the Disposal Date. BuyerSeller shall be given copies of all analyses made by Buyer by the 12th day of the month following the month of unloading. Seller, on reasonable notice to Seller, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by SellerBuyer. Unless Buyer Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Seller’s Buyer's analysis shall be used to determine the quality of the coal under this Agreement and shall be the Payment Analysisdelivered hereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Seller Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") CONTRACT #00-000-000 mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification analysis of Buyer by more than the applicable ASTM reproducibility standards as an amount equal to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.or less than:

Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Seller upon loading of the coal, Buyer and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Seller’s Buyer's laboratory at Seller’s Buyer's expense in accordance with ASTM standards where applicable, or industryindustry- CONTRACT #00-000-000 accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM standards or other methods by any industry-accepted standard, mutually acceptable to both parties, may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer's sampling and analysis practices, and finds them to be acceptable. Buyer shall transmit its quality notify Seller in writing of any significant changes in Buyer's sampling and analysis to Buyer as soon as possiblepractices. Any such changes in Buyer's sampling and analysis practices shall, except for industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Seller Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Seller. One (1) Buyer; one part shall be used by Seller Buyer as a check sample, if Seller Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Seller Buyer until thirty the 25th of the month following the month of unloading (30) days after the sample is taken (“"Disposal Date”), ") and shall be delivered to Buyer Seller for analysis if Buyer Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Seller Buyer until the Disposal Date. BuyerSeller shall be given copies of all analyses made by Buyer by the 12th day of the month following the month of unloading. Seller, on reasonable notice to Seller, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by SellerBuyer. Unless Buyer Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Seller’s Buyer's analysis shall be used to determine the quality CONTRACT #00-000-000 of the coal under this Agreement and shall be the Payment Analysisdelivered hereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Seller Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification analysis of Buyer by more than the applicable ASTM reproducibility standards as an amount equal to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.or less than:

Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its as loaded quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Seller upon loading of the coal, Buyer and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Seller’s Buyer's laboratory at Seller’s Buyer's expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesBuyer's approved methods. Samples for analyses shall be taken in accordance by Buyer's approved procedures of sampling, may be composited and shall be taken with ASTM standards or other methods mutually acceptable a frequency and regularity sufficient to both partiesprovide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer's sampling and analysis practices, and finds them to be acceptable. Buyer shall transmit its quality notify Seller in writing of any significant changes in Buyer's sampling and analysis to Buyer as soon as possiblepractices. Any such changes in Buyer's sampling and analysis practices shall provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the parties otherwise mutually agree. Each sample taken by Seller Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Seller. One (1) Buyer; one part shall be used BLACK BEAUTY COAL COMPANY LG&E CONTRACT #LGE 02012 KU CONTRACT #KUF02857 by Seller Buyer as a check sample, if Seller Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Seller Buyer (LG&E) until the 25th of the month following the month of unloading (the "Disposal Date") or Buyer (KU) until thirty (30) days ("Disposal Date") after the sample is taken (“Disposal Date”)taken, and shall be delivered to Buyer Seller for analysis if Buyer Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Seller Buyer until the Disposal Date. BuyerSeller shall be given copies of all analyses made by Buyer by the 12th business day of the month following the month of unloading, in addition, Buyer (KU) will send weekly analyses of coal unloadings to Seller. Seller, on reasonable notice to Seller, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by SellerBuyer. Unless Buyer Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Seller’s Buyer's analysis shall be used to determine the quality of the coal under this Agreement and shall be the Payment Analysisdelivered hereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Seller Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis All testing of any such sample by the Independent Lab differs shall be at requestor's expense unless the results differ by more than the applicable ASTM reproducibility standards, in such case, Buyer will pay for testing. If the Independent Lab results differ by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the The cost of the analysis made by the Independent Lab shall be borne by Seller to the party who provided BLACK BEAUTY COAL COMPANY LG&E CONTRACT #LGE 02012 KU CONTRACT #KUF02857 extent that Buyer's analysis prevails and by Buyer to the original Payment Analysisextent that the analysis of the Independent Lab prevails.

Sampling and Analysis. The sampling and analysis of the coal shall be performed by Seller upon loading of the coalSeller, and the results thereof shall be accepted and used as defining the quality and characteristics of the coal under this Agreement and except as the Payment Analysisotherwise provided. All analyses analyses, for moisture %, ash %, sulfur % and Btu, shall be made in Seller’s by an independent commercial testing laboratory at Seller’s expense in accordance with ASTM standards where applicable, or industry-industry- accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as- Peabody COALSALES, LLC LGE&E/KU Xxxxxxxx Xx. X00000 loaded” quality analysis to Buyer as soon as possible. Buyer’s “unloaded” quality shall be the Payment Analysis only when Seller’s sampler and/or scales are inoperable, or if Seller fails to obtain a sample upon loading. Buyer represents that it is familiar with Seller’s sampling and analysis practices, and that it finds them to be acceptable. Seller shall notify Buyer in writing of any significant changes in Seller’s sampling and analysis practices. Any such changes in Seller’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless Buyer and Seller otherwise mutually agree. Each sample taken by Seller shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Seller. One (1) part shall be used by Seller as a check sample, if Seller in its sole judgment determines it is necessary. One (1) part shall be retained by Seller until thirty (30) days after the sample is taken (“Disposal Date”), ) and shall be delivered to Buyer for analysis if Buyer so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Seller until the Disposal Date. Buyer, on reasonable notice to Seller, shall have the right to have a representative present to observe the sampling and analyses performed by Seller. Unless Buyer requests an analysis of the Referee Sample before the Disposal Date, Seller’s analysis shall be used to determine the quality of the coal under this Agreement and shall be the Payment Analysis. The Monthly Peabody COALSALES, LLC LGE&E/KU Contract No. J23003 Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Seller shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.

Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Seller Buyer upon loading delivery of the coalcoal to Buyer’s facility, and the results thereof shall be accepted and used as defining the quality and characteristics of the coal XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 delivered under this Agreement and as the Payment Analysis. All analyses shall be made in SellerBuyer’s laboratory at SellerBuyer’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality shall be the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the tune of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Seller Buyer shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by SellerBuyer. One (1) part shall be used by Seller Buyer as a check sample, if Seller Buyer in its sole judgment determines it is necessary. One (1) part shall be retained by Seller Buyer until thirty (30) days after the sample is taken (“Disposal Date”), and shall be delivered to Buyer Seller for analysis if Buyer Seller so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Seller Buyer until the Disposal Date. Seller shall be given copies of all analyses made by Buyer by the fifth (5th) business day of XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 the month following the month of unloading. In addition, Buyer shall send Seller weekly analyses of coal unloaded at Buyer’s facilities. Seller, on reasonable notice to SellerBuyer, shall have the right to have a representative present to observe the sampling and analyses performed by SellerBuyer. Unless Buyer Seller requests an analysis of the Referee Sample before the Disposal Date, SellerBuyer’s analysis shall be used to determine the quality of the coal under this Agreement delivered hereunder and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Seller Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Contract No. J12004

Sampling and Analysis. The sampling and analysis of the coal each Shipment shall be performed by Seller upon in the process of loading of the coalindividual Shipments, except as otherwise provided herein, and the results thereof shall be accepted and used as the defining the quality and characteristics of the coal under this Agreement and as shall be used in determining the payments for the relevant Shipments (the “Payment Analysis”). ACNR COAL SALES, INC. LG&E/KU Contract No. J24006 All analyses shall be made in Seller’s laboratory by an independent commercial testing laboratory, at Seller’s expense expense, in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as-loaded” quality analysis to Buyer as soon as possible. Buyer’s “unloaded” quality shall be the Payment Analysis only when Seller’s sampler and/or scales are inoperable, or if Seller fails to obtain a sample upon loading. Seller shall notify Buyer in writing of any significant changes in Seller’s sampling and analysis practices. Any such changes in Seller’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the parties otherwise mutually agree. Each sample taken by Seller shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Seller. One (1) part shall be used by Seller as a check sample, if Seller in its sole judgment determines it is necessary. One (1) part shall be retained by Seller until thirty (30) days after the sample is taken (“Disposal Date”), and shall be delivered to Buyer for analysis if Buyer so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Seller until the Disposal Date. Buyer, on reasonable notice to Seller, shall have the right to have a representative present to observe the sampling and analyses performed by Seller. Unless Buyer requests an analysis of the Referee Sample before the Disposal Date, Seller’s analysis shall be used to determine the ACNR COAL SALES, INC. LG&E/KU Contract No. J24006 quality of the coal under this Agreement and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Seller shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer Xxxxx and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.

Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Seller upon loading of the coal, Buyer and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Seller’s Buyer's laboratory at Seller’s Buyer's expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM standards or other methods by any industry-accepted standard, mutually acceptable to both parties, may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer's sampling and analysis practices, and finds them to be acceptable. Buyer shall transmit its quality notify Seller in writing of any significant changes in Buyer's sampling and analysis to Buyer as soon as possiblepractices. Any such changes in Buyer's sampling and analysis practices shall, except for industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Seller Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Seller. One (1) Buyer; one part shall be used by Seller Buyer as a check sample, if Seller Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Seller Buyer until thirty the 25th of the month following the CONTRACT #00-000-000 month of unloading (30) days after the sample is taken (“"Disposal Date”), ") and shall be delivered to Buyer Seller for analysis if Buyer Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Seller Buyer until the Disposal Date. BuyerSeller shall be given copies of all analyses made by Buyer by the 12th day of the month following the month of unloading. Seller, on reasonable notice to Seller, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by SellerBuyer. Unless Buyer Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Seller’s Buyer's analysis shall be used to determine the quality of the coal under this Agreement and shall be the Payment Analysisdelivered hereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Seller Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification analysis of Buyer by more than the applicable ASTM reproducibility standards as an amount equal to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.or less than:

Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Seller Buyer upon loading unloading of the coalcoal at Buyer’s generating station, and except as otherwise provided herein, the results thereof shall be accepted and used as defining the quality and characteristics of the coal delivered under this Agreement and as shall be used in determining the initial payment for the relevant Shipment (the “Payment Analysis”). All analyses shall be made in SellerBuyer’s laboratory at SellerBuyer’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its “as-loaded” quality analysis to Buyer as soon as possible. Seller’s “as-loaded” quality shall be the Payment Analysis only when Buyer’s sampler and/or scales are inoperable, or if Buyer fails to obtain a sample upon unloading. Seller represents that it is familiar with Buyer’s sampling and analysis practices, and that it finds them to be acceptable. Buyer shall notify Seller in writing of any significant changes in Buyer’s sampling and analysis practices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or industry-accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree. HARTSHORNE MINING GROUP, LLC LG&E/KU XXXXXXXX Xx. X00000 Each sample taken by Seller Buyer shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by SellerBuyer. One (1) part shall be used by Seller Buyer as a check sample, if Seller Buyer in its sole judgment determines it is necessary. One (1) part shall be retained by Seller Buyer until thirty (30) [***] days after the sample is taken (“Disposal Date”), and shall be delivered to Buyer Seller for analysis if Buyer Seller so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Seller Buyer until the Disposal Date. BuyerSeller, on reasonable notice to SellerBuyer, shall have the right to have a representative present to observe the sampling and analyses performed by SellerBuyer. Unless Buyer Seller requests an analysis of the Referee Sample before the Disposal Date, SellerBuyer’s analysis shall be used to determine the quality of the coal under this Agreement delivered hereunder and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. In addition, Buyer shall send Seller weekly analyses of all of Seller’s coal unloaded at Buyer’s generating stations pursuant to this Agreement. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Seller Buyer shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. HARTSHORNE MINING GROUP, LLC LG&E/KU XXXXXXXX Xx. X00000 For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.

Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its “as loaded” quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Seller upon loading of the coal, Xxxxx and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in SellerBuyer’s laboratory at SellerBuyer’s expense in accordance with ASTM standards where applicable, or industry-accepted using standards in other casesmutually acceptable to both parties. Samples for analyses shall be taken in accordance with by any ASTM standards or other methods standards mutually acceptable to both parties, and may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Xxxxx’s sampling and analysis practices, and finds them to be acceptable. Buyer shall transmit its quality notify Seller in writing of any significant changes in Buyer’s sampling and analysis to Buyer as soon as possiblepractices. Any such changes in Buyer’s sampling and analysis practices shall, except for ASTM or mutually agreeable changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Seller Buyer shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Seller. One Buyer; one (1l) part shall be used by Seller Buyer as a check sample, if Seller Buyer in its sole judgment determines it is XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009 necessary. One ; one (1) part shall be retained by Seller Buyer (LG&E) until the twenty-fifth (25th) of the month following the month of unloading (the “LG&E Disposal Date”) or Buyer (KU) until thirty (30) days after the sample is taken (the “KU Disposal Date”), the LG&E Disposal Date and the KU Disposal Date are collectively the “Disposal Date”), and shall be delivered to Buyer Seller for analysis if Buyer Seller so requests before the Disposal Date. One (1) ; and one part (the “Referee Sample”) shall be retained by Seller Buyer until the Disposal Date. BuyerSeller shall be given copies of all analyses made by Buyer by the tenth (10th) business day of the month following the month of unloading. Seller, on reasonable notice to Seller, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by SellerXxxxx. Unless Buyer Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, SellerXxxxx’s analysis shall be used to determine the quality of the coal under this Agreement and shall be the Payment Analysisdelivered hereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Seller Xxxxx shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer Xxxxx and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Xxxxx’s analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification analysis of Buyer by more than the applicable ASTM reproducibility standards as an amount equal to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.or less than:

Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward the loading quality to Buyer within two (2) business days after loading. The sampling and analysis of the coal delivered hereunder shall be performed by Seller upon loading of the coalor by an independent commercial laboratory appointed by Seller, on a per-Shipment basis, as defined hereinabove, and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and Agreement, except as otherwise provided herein. Buyer’s “as-received” quality shall be the Payment AnalysisAnalysis only when Seller’s sampler and/or scales are inoperable, or if Seller fails to obtain a sample upon loading. All analyses shall be made in Seller’s laboratory or at an independent commercial laboratory, at Seller’s 's expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable standards, may be composited and shall be taken with a frequency and regularity sufficient to both partiesprovide reasonably accurate representative samples of the deliveries made hereunder. Seller shall transmit its quality notify Buyer in writing of any significant changes in Seller’s sampling and analysis to Buyer as soon as possible. Each sample taken by Seller shall be divided into four practices within five (45) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Seller. One (1) part shall be used by Seller as a check sample, if Seller in its sole judgment determines it is necessary. One (1) part shall be retained by Seller until thirty (30) business days after the sample is taken (“Disposal Date”)any such change. Any such changes in Seller's sampling and analysis practices shall, and shall be delivered to Buyer except for analysis if Buyer so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Seller until the Disposal Date. BuyerASTM accepted changes in practices, on reasonable notice to Seller, shall have the right to have a representative present to observe provide for no less accuracy than the sampling and analyses performed by Seller. Unless Buyer requests an analysis practices existing at the time of the Referee Sample before the Disposal Dateexecution of this Agreement, Seller’s analysis shall be used to determine the quality of the coal under this Agreement and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Seller shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment AnalysisParties otherwise mutually agree.

Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Seller upon loading of the coal, Buyer and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Seller’s Buyer's laboratory at Seller’s Buyer's expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM standards or other methods by any industry-accepted standard, mutually acceptable to both parties, may be composited and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer's sampling and analysis practices, and finds them to be acceptable. Buyer shall transmit its quality notify Seller in writing of any significant changes in Buyer's sampling and analysis to Buyer as soon as possiblepractices. Any such changes in Buyer's sampling and analysis practices shall, except for industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Seller Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Seller. One (1) Buyer; one part shall be used by Seller Buyer as a check sample, if Seller Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Seller Buyer until thirty the 25th of the month following the month of unloading (30) days after the sample is taken (“CONTRACT #00-000-000 "Disposal Date”), ") and shall be delivered to Buyer Seller for analysis if Buyer Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Seller Buyer until the Disposal Date. BuyerSeller shall be given copies of all analyses made by Buyer by the 12th day of the month following the month of unloading. Seller, on reasonable notice to Seller, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by SellerBuyer. Unless Buyer Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Seller’s Buyer's analysis shall be used to determine the quality of the coal under this Agreement and shall be the Payment Analysisdelivered hereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Seller Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification analysis of Buyer by more than the applicable ASTM reproducibility standards as an amount equal to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.or less than:

Sampling and Analysis. The sampling and analysis of the coal delivered hereunder shall be performed by Seller upon loading of the coal, Buyer and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as Agreement. Buyer shall send to Seller by telecopier or electronic data transmittal a copy of the Payment Analysisanalysis within (10) business days after sampling the applicable shipment. All analyses shall be made in Seller’s Buyer's laboratory at Seller’s Buyer's expense in accordance with ASTM standards where applicable, or industry-reliable and industry accepted standards in other casesstandards. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually by any reliable and industry accepted standard acceptable to both parties, may be composited, and shall be taken with a frequency and regularity sufficient to provide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer's sampling and analysis practices, and finds them to be in accordance with reliable and industry accepted standards. Buyer shall transmit its quality notify Seller in writing of any significant changes in Buyer's sampling and analysis to Buyer as soon as possiblepractices. Any such changes in Buyer's sampling and analysis practices shall, except for industry accepted changes in practices, provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Seller Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Seller. One (1) Buyer; one part shall be used by Seller Buyer as a check sample, if Seller Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Seller Buyer until thirty the 25th of the month following the month of unloading (30) days after the sample is taken (“"Disposal Date”), ") and shall be delivered to Buyer Seller for analysis if Buyer Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Seller Buyer until the Disposal Contract #00-000-000 Date. BuyerSeller shall be given copies of all analyses made by Buyer by the 12th day of the month following the month of unloading. Seller, on reasonable notice to Seller, Buyer shall have the right to have a representative present to observe the sampling and analyses performed by SellerBuyer. Unless Buyer Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Seller’s Buyer's analysis shall be used to determine the quality of the coal under this Agreement and shall be the Payment Analysisdelivered hereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Seller Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, a dispute shall be deemed not to exist and Buyer's analysis shall prevail and the analysis of the Independent Lab shall be disregarded if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification analysis of Buyer by more than the applicable ASTM reproducibility standards as an amount equal to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.or less than:

Sampling and Analysis. The sampling and analysis of the coal shall be performed by Seller upon loading of the coal, and the results thereof shall be accepted and used as defining the quality and characteristics of the coal under this Agreement and as the Payment Analysis. All analyses shall be made in Seller’s laboratory at Seller’s expense in accordance with ASTM standards where applicable, or industry-accepted standards in other cases. Samples for analyses shall be taken in accordance with ASTM standards or other methods mutually acceptable to both parties. Seller shall transmit its quality analysis to Buyer as soon as possible. Each sample taken by Seller shall be divided into four (4) parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Seller. One (1) part shall be used by Seller as a check sample, if Seller in its sole judgment determines it is necessary. One (1) part shall be retained by Seller until thirty (30) days after the sample is taken (“Disposal Date”), and shall be delivered to Buyer for analysis if Buyer so requests before the Disposal Date. One (1) part (the “Referee Sample”) shall be retained by Seller until the Disposal Date. Buyer, on reasonable notice to Seller, shall have the right to have a representative present to observe the sampling and analyses performed by Seller. Unless Buyer requests an analysis of the Referee Sample before the Disposal Date, Seller’s analysis shall be used to determine the quality of the coal under this Agreement and shall be the Payment Analysis. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on the individual Shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sample, the Referee Sample retained by Seller shall be submitted for analysis to an independent commercial testing laboratory (“Independent Lab”) mutually chosen by Buyer Xxxxx and Seller. For each coal quality specification in question, if the analysis of the Independent Lab differs by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the cost of the analysis made by the Independent Lab shall be borne by the party who provided the original Payment Analysis.

Sampling and Analysis. The Seller has sole responsibility for quality control of the coal and shall forward its loading quality to the Buyer as soon as possible. The sampling and analysis of the coal delivered hereunder shall be performed by Seller upon loading of the coal, Buyer and the results thereof shall be accepted and used as defining for the quality and characteristics of the coal delivered under this Agreement and as the Payment AnalysisAgreement. All analyses shall be made in Seller’s Buyer's laboratory at Seller’s Buyer's expense in accordance with ASTM standards where applicable, or industry-accepted standards in other casesBuyer's approved methods. Samples for analyses shall be taken by Buyer in accordance with ASTM standards or other methods mutually acceptable industry accepted procedures of sampling, may be composited and shall be taken with a frequency and regularity sufficient to both partiesprovide reasonably accurate representative samples of the deliveries made hereunder. Seller represents that it is familiar with Buyer's sampling and analysis practices, and finds them to be acceptable. Buyer shall transmit its quality notify Seller in writing of any significant changes in Buyer's sampling and analysis to Buyer as soon as possiblepractices. Any such changes in Buyer's sampling and analysis practices shall provide for no less accuracy than the sampling and analysis practices existing at the time of the execution of this Agreement, unless the Parties otherwise mutually agree. Each sample taken by Seller Buyer shall be divided into four (4) 4 parts and put into airtight containers, properly labeled and sealed. One (1) part shall be used for analysis by Seller. One (1) Buyer; one part shall be used by Seller Buyer as a check sample, if Seller Buyer in its sole judgment determines it is necessary. One (1) ; one part shall be retained by Seller Buyer until thirty (30) days ("Disposal Date") after the sample is taken (“Disposal Date”)taken, and shall be delivered to Buyer Seller for analysis if Buyer Seller so requests before the Disposal Date. One (1) ; and one part (the “"Referee Sample”") shall be retained by Seller Buyer until the Disposal Date. BuyerSeller shall be given copies of all analyses made by Buyer by the 12th business day of the month following the month of unloading, in addition, Buyer will send weekly analyses of coal unloadings to Seller. Seller, on reasonable notice to Seller, Buyer shall have the right to have a representative present to observe the ARCH COAL SALES CO., INC. KU Contract # KUF02849 sampling and analyses performed by SellerBuyer. Unless Buyer Seller requests an analysis of the a Referee Sample analysis before the Disposal Date, Seller’s Buyer's analysis shall be used to determine the quality of the coal under this Agreement and shall be the Payment Analysisdelivered hereunder. The Monthly Weighted Averages of specifications referenced in §6.1 shall be based on determined by utilizing the individual Shipment shipment analyses. If any dispute arises with regard to the analysis of any sample before the Disposal Date for such sampleDate, the Referee Sample retained by Seller Buyer shall be submitted for analysis to an independent commercial testing laboratory (“"Independent Lab”") mutually chosen by Buyer and Seller. For each coal quality specification in question, if the analysis All testing of any such sample by the Independent Lab differs shall be at requestor's expense unless the results differ by more than the applicable ASTM reproducibility standards, in such case, Buyer will pay for testing. If the Independent Lab results differ by more than the applicable ASTM reproducibility standards, the Independent Lab results will govern, and the prior analysis shall be disregarded. All testing of the Referee Sample by the Independent Lab shall be at requestor’s expense unless the Independent Lab results differ from the original Payment Analysis for any specification by more than the applicable ASTM reproducibility standards as to that specification. In such case, the The cost of the analysis made by the Independent Lab shall be borne by Seller if Buyer's analysis prevails and by Buyer if the party who provided analysis of the original Payment AnalysisIndependent Lab prevails.