Common use of Seller’s Preparation of Mining Plan Clause in Contracts

Seller’s Preparation of Mining Plan. Seller shall have prepared a complete mining plan for the Coal Property with adequate supporting data to demonstrate Seller’s capability to have coal produced from the Coal Property which meets the quantity and quality specifications of this Agreement. Seller shall provide Buyer with two (2) copies of such mining plan which shall contain maps and a narrative depicting areas and seams of coal to be mined and shall include (but not be limited to) the following information: (i) reserves from which the coal will be produced during the term hereof and the mining sequence, by year (or such other time intervals as mutually agreed) during the term of this Agreement, from which coal will be mined; (ii) methods of XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 mining such coal; (iii) methods of transporting and, in the event a preparation plant is constructed at the Coal Property, methods of washing coal to insure compliance with the quantity and quality requirements of this Agreement including a description and flow sheet of the preparation plant; (iv) quality data plotted on the maps depicting data points and isolines by ash, sulfur, and Btu; (v) quality control plans including sampling and analysis procedures to insure individual shipments meet quality specifications; and (vi) Seller’s aggregate commitments to others to sell coal from the Coal Property during the term of this Agreement. Such complete mining plan shall be delivered to Buyer on or before March 31 of the year of the Commencement Date (as defined in Section 2 above), if required. Buyer’s receipt of the mining plan or other information or data furnished by Seller shall not in any manner relieve Seller of any of Seller’s obligations or responsibilities under this Agreement; nor shall such review be construed as constituting an approval of Seller’s proposed mining plan as prudent mining practices, such review by Buyer being limited solely to a determination, for Buyer’s purposes only, of Seller’s capability to supply coal on a long-term basis to fulfill Buyer’s requirements of a dependable coal supply. Seller shall annually provide Buyer with a mining plan update (“Update”) showing progress to date, conformity to original mining plan, and then known changes in reserve data and planned changes in mining progression, plans or procedures. The update shall be submitted annually on or before October 1 of each year following the Commencement Date during the term of this Agreement. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009

Seller’s Preparation of Mining Plan. Seller shall have prepared a complete mining plan for the Coal Property with adequate supporting data to demonstrate Seller’s capability to have coal produced from the Coal Property which meets the quantity and quality specifications of this Agreement. Seller shall provide Buyer with two (2) copies of such mining plan which shall contain maps and a narrative depicting areas and seams of coal to be mined and shall include (but not be limited to) the following information: (i) reserves from which the coal will be produced during the term hereof and the mining sequence, by year (or such other time intervals as mutually agreed) during the term of this Agreement, from which coal will be mined; (ii) methods of XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 mining such coal; (iii) methods of transporting and, in the event a preparation plant is constructed at the Coal Property, methods of washing coal to insure compliance with the quantity and quality requirements of this Agreement including a description and flow sheet of the preparation plant; (iv) quality data plotted on the maps depicting data points and isolines by ash, sulfur, and Btu; (v) quality control plans including sampling and analysis procedures to insure individual shipments meet quality specifications; and (vi) Seller’s aggregate commitments to others to sell coal from the Coal Property during the term of this Agreement. Such complete mining plan shall be delivered to Buyer on or before March 31 of the year of the Commencement Date (as defined in Section 2 above)May 31, 2008, if required. XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 Buyer’s receipt of the mining plan or other information or data furnished by Seller shall not in any manner relieve Seller of any of Seller’s obligations or responsibilities under this Agreement; nor shall such review be construed as constituting an approval of Seller’s proposed mining plan as prudent mining practices, such review by Buyer being limited solely to a determination, for Buyer’s purposes only, of Seller’s capability to supply coal on a long-term basis to fulfill Buyer’s requirements of a dependable coal supply. Seller shall annually provide Buyer with a mining plan update (“Update”) showing progress to date, conformity to original mining plan, and then known changes in reserve data and planned changes in mining progression, plans or procedures. The update shall be submitted annually on or before October 1 of each year following the Commencement Date during the term of this Agreement. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009.

Seller’s Preparation of Mining Plan. Seller shall prepare or have prepared a complete mining plan for the Coal Property Properties with adequate supporting data to demonstrate Seller’s capability to have coal produced from the Coal Property Properties which meets the quantity and quality specifications of this Agreement. Seller shall shall, upon Buyer’s request, provide information to Buyer with two (2) copies of regarding such mining plan which shall contain maps and a narrative depicting describing areas and seams of coal to be mined and shall include (but not be limited to) the following information: (i) reserves from which the coal will be produced during the term hereof and the mining sequence, by year (or such other time intervals as mutually agreed) during the term of this Agreement, from which coal will be mined; (ii) methods of XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 mining such coal; (iii) methods of transporting and, in the event a preparation plant is constructed at the Coal Property, methods and of washing the coal to insure compliance with the quantity and quality requirements of this Agreement including a description and flow sheet of the preparation plant; (iv) quality data plotted on the maps depicting data points and isolines by ash, sulfur, and Btu; (v) quality control plans including sampling and analysis procedures to insure individual shipments meet quality specifications; and (vi) Seller’s aggregate commitments to others to sell coal from the Coal Property Properties during the term of this Agreement. Such complete mining plan shall be delivered to Buyer on or before March 31 of the year of the Commencement Date (as defined in Section 2 above)January 1, if required2014. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 Buyer’s receipt of the mining plan or other information or data furnished by Seller (the “Mining Information”) shall not in any manner relieve Seller of any of Seller’s obligations or responsibilities under this Agreement; nor shall such Buyer’s review of the Mining Information be construed as constituting an approval of Seller’s proposed mining plan as prudent mining practices, such review for any purposes. Review by Buyer being limited solely to a determination, of Mining Information is for Buyer’s purposes only, of only and is to allow Buyer to evaluate Seller’s capability to supply coal on a long-term basis as required by this Agreement. To the extent it can legally do so, Buyer shall maintain as confidential all Mining Information disclosed by Seller and shall not disclose or use such Mining Information for any purposes other than to fulfill Buyerevaluate Seller’s requirements performance and compliance with the provisions of a dependable coal supplythis Agreement. Seller Upon request, Buyer shall annually provide Buyer with have the right to request a mining plan update (“Update”) showing progress to date, Seller’s conformity to original mining plan, and then then-known changes in reserve data data, and planned changes in mining progression, plans or procedures. The update shall be submitted annually on or before October 1 of each year following the Commencement Date during the term of this Agreement. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009.

Seller’s Preparation of Mining Plan. Seller shall prepare or have prepared a complete mining plan for the Coal Property Properties with adequate supporting data to demonstrate Seller’s capability to have coal produced from the Coal Property Properties which meets the quantity and quality specifications of this Agreement. Seller shall shall, upon Buyer’s request, provide information to Buyer with two (2) copies of regarding such mining plan which shall contain maps and a narrative depicting describing areas and seams of coal to be mined and shall include (but not be limited to) the following information: (i) reserves from which the coal will be produced during the term hereof and the mining sequence, by year (or such other time intervals as mutually agreed) during the term of this Agreement, from which coal will be mined; (ii) methods of XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 mining such coal; (iii) methods of transporting and, in and washing the event a preparation plant is constructed at the Coal Property, methods of washing coal to insure compliance with the quantity and quality requirements of this Agreement including a description and flow sheet of the preparation plant; (iv) quality data plotted on the maps depicting data points and isolines by ash, sulfur, and Btu; (v) quality control plans including sampling and analysis procedures to insure individual shipments Shipments meet quality specifications; and (vi) Seller’s aggregate commitments to others to sell coal from the Coal Property Properties during the term of this Agreement. Such complete mining plan shall be delivered to Buyer on or before March 31 of the year of the Commencement Date (as defined in Section 2 above), if required. Buyer’s receipt of the mining plan or other information or data furnished by Seller (the “Mining Information”) shall not in any manner relieve Seller of any of Seller’s obligations or responsibilities under this Agreement; nor shall such Buyer’s review of the Mining Information be construed as constituting an approval of Seller’s proposed mining plan as prudent mining practices, such review for any purposes. Review by Buyer being limited solely to a determination, of the Mining Information is for Buyer’s purposes only, of only and is to allow Buyer to evaluate Seller’s capability to supply coal on a long-term basis as required by this Agreement. To the extent it can legally do so, Buyer shall maintain as confidential all Mining Information disclosed by Seller and shall not disclose or use such Mining Information for any purposes other than to fulfill Buyerevaluate Seller’s requirements performance and compliance with the provisions of a dependable coal supplythis Agreement. Seller Upon request, Buyer shall annually provide Buyer with have the right to request a mining plan update (“Update”) showing progress to date, Seller’s conformity to the original mining plan, and then then-known changes in reserve data data, and planned changes in mining progression, plans or procedures. The update shall be submitted annually on or before October 1 of each year following the Commencement Date during the term of this Agreement. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009.

Seller’s Preparation of Mining Plan. Seller shall prepare or have prepared a complete mining plan for the Coal Property Properties with adequate supporting data to demonstrate Seller’s capability to have coal produced from the Coal Property Properties which meets the quantity and quality specifications of this Agreement. Seller shall shall, upon Buyer’s request, provide information to Buyer with two (2) copies of regarding such mining plan which winch shall contain maps and a narrative depicting describing areas and seams of coal to be mined and shall include (but not be limited to) the following information: (i) reserves from which the coal will be produced during the term hereof and the mining sequence, by year (or such other time intervals as mutually agreed) during the term of this Agreement, from which coal will be mined; (ii) methods of XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 mining such coal; (iii) methods of transporting and, in the event a preparation plant is constructed at the Coal Property, methods and of washing the coal to insure compliance with the quantity and quality requirements of this Agreement including a description XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 and flow sheet of the preparation plant; (iv) quality data plotted on the maps depicting data points and isolines by ash, sulfur, and Btu; (v) quality control plans including sampling and analysis procedures to insure individual shipments meet quality specifications; and (vi) Seller’s aggregate commitments to others to sell coal from the Coal Property Properties during the term of this Agreement. Such complete mining plan shall be delivered to Buyer on or before March 31 of the year of the Commencement Date (as defined in Section 2 above)January 1, if required2012. Buyer’s receipt of the mining plan or other information or data furnished by Seller (the “Mining Information”) shall not in any manner relieve Seller of any of Seller’s obligations or responsibilities under this Agreement; nor shall such Buyer’s review of the Mining Information be construed as constituting an approval of Seller’s proposed mining plan as prudent mining practices, such review for any purposes. Review by Buyer being limited solely to a determination, of Mining Information is for Buyer’s purposes only, of only and is to allow Buyer to evaluate Seller’s capability to supply coal on a long-term basis as required by this Agreement. To the extent it can legally do so, Buyer shall maintain as confidential all Mining Information disclosed by Seller and shall not disclose or use such Mining Information for any purposes other than to fulfill Buyerevaluate Seller’s requirements performance and compliance with the provisions of a dependable coal supplythis Agreement. Seller Upon request, Buyer shall annually provide Buyer with have the right to request a mining plan update (“Update”) showing progress to date, Seller’s conformity to original mining plan, and then then-known changes in reserve data data, and planned changes in mining progression, plans or procedures. The update shall be submitted annually on or before October 1 of each year following the Commencement Date during the term of this Agreement. XXXXXXXXX COAL COMPANY, INC INC. LG&E/KU Contract No. J10009J12004

Seller’s Preparation of Mining Plan. Seller shall have prepared a complete mining plan for the Coal Property with adequate supporting data to demonstrate Seller’s 's capability to have coal produced from the Coal Property which meets the quantity and quality specifications of CONSOL ENERGY INC. LG&E CONTRACT #LGE 00010 KU CONTRACT #KUF00731 this Agreement. Seller shall shall, upon Buyer's request during Coal Property Inspections, if any (made pursuant to Section 19), provide information to Buyer with two (2) copies of such mining plan which shall contain maps and a narrative depicting areas and seams of coal to be mined and shall include (but not be limited to) the following information: (i) reserves from which the coal will be produced during the term hereof and the mining sequence, by year (or such other time intervals as mutually agreed) during the term of this Agreement, from which coal will be mined; (ii) methods of XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 mining such coal; (iii) methods of transporting and, in the event a preparation plant is constructed at utilized by Seller, the Coal Property, methods of washing coal to insure compliance with the quantity and quality requirements of this Agreement including a description and flow sheet of the preparation plant; (iv) quality data plotted on the maps depicting data points and isolines by ash, sulfur, and Btu; (v) quality control plans including sampling and analysis procedures to insure individual shipments meet quality specifications; and (vi) Seller’s 's aggregate commitments to others to sell coal from the Coal Property during the term of this Agreement. Such complete mining plan shall be delivered to Buyer on or before March 31 of the year of the Commencement Date (as defined in Section 2 above), if required. Buyer’s 's receipt of the mining plan or other information or data furnished by Seller (the "Mining Information") shall not in any manner or way relieve Seller of any of Seller’s 's obligations or responsibilities under this Agreement; nor shall such review be construed as constituting an approval of Seller’s 's proposed mining plan as prudent mining practices, such review by Buyer being limited solely to a determination, for Buyer’s 's purposes only, of Seller’s 's capability to supply coal on a long-term basis to fulfill Buyer’s 's requirements of a dependable coal supply. Seller shall annually provide Buyer with a mining plan update (“Update”) showing progress to date, conformity to original mining plan, and then known changes in reserve data and planned changes in mining progression, plans or proceduresCONSOL ENERGY INC. The update shall be submitted annually on or before October 1 of each year following the Commencement Date during the term of this Agreement. XXXXXXXXX COAL COMPANY, INC LG&E/LG&E CONTRACT #LGE 00010 KU Contract No. J10009CONTRACT #KUF00731

Seller’s Preparation of Mining Plan. Seller shall prepare or have prepared a complete mining plan for the Coal Property Properties with adequate supporting data to demonstrate Seller’s capability to have coal produced from the Coal Property Properties which meets the quantity and quality specifications of this Agreement. Seller shall shall, upon Buyer’s request, provide information to Buyer with two (2) copies of regarding such mining plan which winch shall contain maps and a narrative depicting describing areas and seams of coal to be mined and shall include (but not be limited to) the following information: (i) reserves from which the coal will be produced during the term hereof and the mining sequence, by year (or such other time intervals as mutually agreed) during the term of this Agreement, from which coal will be mined; (ii) methods of XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 mining such coal; (iii) methods of transporting and, in the event a preparation plant is constructed at the Coal Property, methods and of washing the coal to insure compliance with the quantity and quality requirements of this Agreement including a description XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 and flow sheet of the preparation plant; (iv) quality data plotted on the maps depicting data points and isolines by ash, sulfur, and Btu; (v) quality control plans including sampling and analysis procedures to insure individual shipments meet quality specifications; and (vi) Seller’s aggregate commitments to others to sell coal from the Coal Property Properties during the term of this Agreement. Such complete mining plan shall be delivered to Buyer on or before March 31 of the year of the Commencement Date (as defined in Section 2 above)January 1, if required2012. Buyer’s receipt of the mining plan or other information or data furnished by Seller (the “Mining Information”) shall not in any manner relieve Seller of any of Seller’s obligations or responsibilities under this Agreement; nor shall such Buyer’s review of the Mining Information be construed as constituting an approval of Seller’s proposed mining plan as prudent mining practices, such review for any purposes. Review by Buyer being limited solely to a determination, of Mining Information is for Buyer’s purposes only, of only and is to allow Buyer to evaluate Seller’s capability to supply coal on a long-term basis as required by this Agreement. To the extent it can legally do so, Buyer shall maintain as confidential all Mining Information disclosed by Seller and shall not disclose or use such Mining Information for any purposes other than to fulfill Buyerevaluate Seller’s requirements performance and compliance with the provisions of a dependable coal supplythis Agreement. Seller Upon request, Buyer shall annually provide Buyer with have the right to request a mining plan update (“Update”) showing progress to date, Seller’s conformity to original mining plan, and then then-known changes in reserve data data, and planned changes in mining progression, plans or procedures. The update shall be submitted annually on or before October 1 of each year following the Commencement Date during the term of this Agreement. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009.

Seller’s Preparation of Mining Plan. Seller shall have prepared a complete mining plan for the Coal Property with adequate supporting data to demonstrate Seller’s 's capability to have coal produced from the Coal Property which meets the quantity and quality specifications of this Agreement. Seller shall shall, upon Buyer's request during Coal Property Inspections, if any (made pursuant to Section 19), provide information to Buyer with two (2) copies of such mining plan which shall contain maps and a narrative depicting areas and seams of coal to be mined and shall include (but not be limited to) the following information: (i) reserves from which the coal will be produced during the term hereof and the mining sequence, by year (or such other time intervals as mutually agreed) during the term of this Agreement, from which coal will be mined; (ii) methods of XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 mining such coal; (iii) methods of transporting and, in the event a preparation plant is constructed at utilized by ARCH COAL SALES CO., INC. KU Contract # KUF02848 PRB Seller, the Coal Property, methods of washing coal to insure compliance with the quantity and quality requirements of this Agreement including a description and flow sheet of the preparation plant; (iv) quality data plotted on the maps depicting data points and isolines by ash, sulfur, and Btu; (v) quality control plans including sampling and analysis procedures to insure individual shipments meet quality specifications; and (vi) Seller’s 's aggregate commitments to others to sell coal from the Coal Property during the term of this Agreement. Such complete mining plan shall be delivered to Buyer on or before March 31 of the year of the Commencement Date (as defined in Section 2 above), if required. Buyer’s 's receipt of the mining plan or other information or data furnished by Seller (the "Mining Information") shall not in any manner relieve Seller of any of Seller’s 's obligations or responsibilities under this Agreement; nor shall such review be construed as constituting an approval of Seller’s 's proposed mining plan as prudent mining practices, such review by Buyer being limited solely to a determination, for Buyer’s 's purposes only, of Seller’s 's capability to supply coal on a long-term basis to fulfill Buyer’s 's requirements of a dependable coal supply. Seller shall annually provide Buyer with a mining plan update (“Update”) showing progress to date, conformity to original mining plan, and then known changes in reserve data and planned changes in mining progression, plans or procedures. The update shall be submitted annually on or before October 1 of each year following the Commencement Date during the term of this Agreement. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009.

Seller’s Preparation of Mining Plan. If Seller shall have prepared a complete claims force majeure or fails to deliver the required quantity hereunder for any other reason, Seller shall, upon request, promptly deliver to Buyer mining plan and production histories covering relevant time periods and plans for the Coal Property with adequate and such reasonably related supporting data to demonstrate Selleras Buyer shall request. Seller shall, upon Buyer’s capability to have coal produced from the request during Coal Property which meets the quantity and quality specifications Inspections, if any (made pursuant to § 19), provide information to Buyer of this Agreement. Seller shall provide Buyer with two (2) copies of such its mining plan which shall contain maps and a narrative depicting areas and seams of coal to be mined and shall include (but not be limited to) the following information: (i) reserves from which the coal will be produced during the term hereof and the mining sequence, by year (or such other time intervals as mutually agreed) during the term of this Agreement, from which coal will be mined; (ii) methods of XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 mining such coal; (iii) methods of transporting and, in the event a preparation plant is constructed at utilized by Seller, the Coal Property, methods of washing coal to insure compliance with the quantity and quality requirements of this Agreement including a description and flow sheet of the preparation plant; (iv) quality data plotted on the maps depicting data points and isolines by ash, sulfur, and Btu; (v) quality control plans including sampling and analysis procedures to insure individual shipments meet quality specifications; and (vi) Seller’s aggregate commitments to others to sell coal from the Coal Property during the term of this Agreement. Such complete mining plan shall be delivered to Buyer on or before March 31 of the year of the Commencement Date (as defined in Section 2 above), if required. Buyer’s receipt of the mining plan or other information or data furnished by Seller (the “Mining Information”) shall not in any manner relieve Seller of any of Seller’s obligations or responsibilities under this Agreement; nor shall such review be construed as constituting an approval of Seller’s proposed mining plan as prudent mining practices, such review by Buyer being limited solely to a determination, for Buyer’s purposes only, of Seller’s capability to supply coal on a long-term basis to fulfill Buyer’s requirements of a dependable coal supply. Seller shall annually provide Buyer with a mining plan update (“Update”) showing progress to date, conformity to original mining plan, and then known changes in reserve data and planned changes in mining progression, plans or procedures. The update shall be submitted annually on or before October 1 of each year following the Commencement Date during the term of this Agreement. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009.

Seller’s Preparation of Mining Plan. Seller shall have prepared a complete mining plan for the Coal Property with adequate supporting data to demonstrate Seller’s capability to have coal produced from the Coal Property which meets the quantity and quality specifications of this Agreement. Seller shall provide Buyer with two (2) copies of such mining plan which shall contain maps and a narrative depicting areas and seams of coal to be mined and shall include (but not be limited to) the following information: (i) reserves from which the coal will be produced during the term hereof and the mining sequence, by year (or such other time intervals as mutually agreed) during the term of this Agreement, from which coal will be mined; (ii) methods of XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 mining such coal; (iii) methods of transporting and, in the event a preparation plant is constructed at the Coal Property, methods of washing coal to insure compliance with the quantity and quality requirements of this Agreement including a description and flow sheet of the preparation plant; (iv) quality data plotted on the maps depicting data points and isolines by ash, sulfur, and Btu; (v) XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 quality control plans including sampling and analysis procedures to insure individual shipments meet quality specifications; and (vi) Seller’s aggregate commitments to others to sell coal from the Coal Property during the term of this Agreement. Such complete mining plan shall be delivered to Buyer on or before March 31 of the year of the Commencement Date (as defined in Section 2 above)May 31, 2008, if required. Buyer’s receipt of the mining plan or other information or data furnished by Seller shall not in any manner relieve Seller of any of Seller’s obligations or responsibilities under this Agreement; nor shall such review be construed as constituting an approval of Seller’s proposed mining plan as prudent mining practices, such review by Buyer being limited solely to a determination, for Buyer’s purposes only, of Seller’s capability to supply coal on a long-term basis to fulfill Buyer’s requirements of a dependable coal supply. Seller shall annually provide Buyer with a mining plan update (“Update”) showing progress to date, conformity to original mining plan, and then known changes in reserve data and planned changes in mining progression, plans or procedures. The update shall be submitted annually on or before October 1 of each year following the Commencement Date during the term of this Agreement. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009.

Seller’s Preparation of Mining Plan. Seller shall have prepared a complete mining plan for the Coal Property with adequate supporting data to demonstrate Seller’s capability to have coal produced from the Coal Property which meets the quantity and quality specifications of this Agreement. Seller shall shall, upon Buyer’s request during Coal Property Inspections, if any (made pursuant to § 20), provide information to Buyer with two (2) copies of such mining plan which shall contain maps and a narrative depicting areas and seams of coal to be mined and shall include (but not be limited to) the following information: (i) reserves from which the coal will be produced during the term hereof and the mining sequence, by year (or such other time intervals as mutually agreed) during the term of this Agreement, from which coal will be mined; (ii) methods of XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 mining such coal; (iii) methods of transporting and, in the event a preparation plant is constructed at utilized by Seller, the Coal Property, methods of washing coal to insure compliance with the quantity and quality requirements of this Agreement including a description and flow sheet of the preparation plant; (iv) quality data plotted on the maps depicting data points and isolines by ash, sulfur, and Btu; (v) quality control plans including sampling and analysis procedures to insure individual shipments meet quality specifications; and (vi) Seller’s aggregate commitments to others to sell coal from the Coal Property during the term of this Agreement. Such complete mining plan shall be delivered to Buyer on or before March 31 of the year of the Commencement Date (as defined in Section 2 above), if required. Buyer’s receipt of the mining plan or other information or data furnished by Seller (the “Mining Information”) shall not in any manner relieve Seller of any of Seller’s obligations or responsibilities under this Agreementagreement; nor shall such review be construed as constituting an approval of Seller’s proposed mining plan as prudent mining practices, such review by Buyer being limited solely to a determination, for Buyer’s purposes only, of Seller’s capability to supply coal on a long-term basis to fulfill Buyer’s requirements of a dependable coal supply. Seller shall annually provide Buyer with a mining plan update (“Update”) showing progress to date, conformity to original mining plan, and then known changes in reserve data and planned changes in mining progression, plans or procedures. The update shall be submitted annually on or before October 1 of each year following the Commencement Date during the term of this Agreement. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009.

Seller’s Preparation of Mining Plan. Seller shall have prepared a complete mining plan for the Coal Property with adequate supporting data to demonstrate Seller’s 's capability to BLACK BEAUTY COAL COMPANY LG&E CONTRACT #LGE 02012 KU CONTRACT #KUF02857 have coal produced from the Coal Property which meets the quantity and quality specifications of this Agreement. Seller shall shall, upon Buyer's request during Coal Property Inspections, if any (made pursuant to section 19), provide information to Buyer with two (2) copies of such mining plan which shall contain maps and a narrative depicting areas and seams of coal to be mined and shall include (but not be limited to) the following information: (i) reserves from which the coal will be produced during the term hereof and the mining sequence, by year (or such other time intervals as mutually agreed) during the term of this Agreement, from which coal will be mined; (ii) methods of XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 mining such coal; (iii) methods of transporting and, in the event a preparation plant is constructed at utilized by Seller, the Coal Property, methods of washing coal to insure compliance with the quantity and quality requirements of this Agreement including a description and flow sheet of the preparation plant; (iv) quality data plotted on the maps depicting data points and isolines by ash, sulfur, and Btu; (v) quality control plans including sampling and analysis procedures to insure individual shipments meet quality specifications; and (vi) Seller’s 's aggregate commitments to others to sell coal from the Coal Property during the term of this Agreement. Such complete mining plan shall be delivered to Buyer on or before March 31 of the year of the Commencement Date (as defined in Section 2 above), if required. Buyer’s 's receipt of the mining plan or other information or data furnished by Seller (the "Mining Information") shall not in any manner or way relieve Seller of any of Seller’s 's obligations or responsibilities under this Agreement; nor shall such review be construed as constituting an approval of Seller’s 's proposed mining plan as prudent mining practices, such review by Buyer being limited solely to a determination, for Buyer’s 's purposes only, of Seller’s 's capability to supply coal on a long-term basis to fulfill Buyer’s 's requirements of a dependable coal supply. Seller shall annually provide Buyer with a mining plan update (“Update”) showing progress to date, conformity to original mining plan, and then known changes in reserve data and planned changes in mining progression, plans or procedures. The update shall be submitted annually on or before October 1 of each year following the Commencement Date during the term of this Agreement. XXXXXXXXX BLACK BEAUTY COAL COMPANY, INC LG&E/COMPANY LG&E CONTRACT #LGE 02012 KU Contract No. J10009CONTRACT #KUF02857

Seller’s Preparation of Mining Plan. Seller shall have prepared a complete mining plan for the Coal Property with adequate supporting data to demonstrate Seller’s 's capability to have coal produced from the Coal Property which meets the quantity and quality specifications of this Agreement. Seller shall provide Buyer with two (2) copies of such mining plan which shall contain maps and a narrative depicting areas and seams of coal to be mined and shall include (but not be limited to) the following information: (i) reserves from which the coal will be produced during the term hereof and the mining sequence, by year (or such other time intervals as mutually CONTRACT #00-000-000 agreed) during the term of this Agreement, from which coal will be mined; (ii) methods of XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 mining such coal; (iii) methods of transporting and, in the event a preparation plant is constructed at the Coal Property, methods of washing coal to insure compliance with the quantity and quality requirements of this Agreement including a description and flow sheet of the preparation plant; (iv) quality data plotted on the maps depicting data points and isolines by ash, sulfur, and BtuB.T.U.; (v) quality control plans including sampling and analysis procedures to insure individual shipments meet quality specifications; and (vi) Seller’s 's aggregate commitments to others to sell coal from the Coal Property during the term of this Agreement. Such complete mining plan shall be delivered to Buyer on or before March 31 of the year of the Commencement Date (as defined in Section 2 above)December 1, if required1997. Buyer’s 's receipt of the mining plan or other information or data furnished by Seller shall not in any manner way relieve Seller of any of Seller’s 's obligations or responsibilities under this Agreement; nor shall such review be construed as constituting an approval of Seller’s 's proposed mining plan as prudent mining practices, such review by Buyer being limited solely to a determination, for Buyer’s 's purposes only, of Seller’s 's capability to supply coal on a long-term basis to fulfill Buyer’s 's requirements of a dependable coal supply. Seller shall annually provide Buyer with a mining plan update (“"Update”") showing progress to date, conformity to original mining plan, and then known changes in reserve data and planned changes in mining progression, plans or procedures. The update shall be submitted annually on or before October December 1 of each year following the Commencement Date during the term of this Agreement. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009.

Seller’s Preparation of Mining Plan. Seller shall have prepared shall, upon Buyer’s request, allow Buyer to review at the respective Coal Properties, information constituting a complete mining plan for the Coal Property with adequate supporting data to demonstrate Seller’s capability to have coal produced from the Coal Property which meets the quantity and quality specifications of this Agreement. Seller shall provide Buyer with two (2) copies of such mining plan which shall contain maps and a narrative depicting describing areas and seams of coal to be mined and shall include (but not be limited to) the following information: (i) reserves from which the coal will be produced during the term hereof and the mining sequence, by year (or such other time intervals as mutually agreed) during the term of this Agreement, from which coal will be mined; (ii) methods of XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 mining such coal; (iii) methods of transporting and, in and washing the event a preparation plant is constructed at the Coal Property, methods of washing coal to insure compliance with the quantity and quality requirements of this Agreement including a description and flow sheet of the preparation plant; (iv) quality data plotted on the maps depicting data points and isolines by ash, sulfur, and Btu; (v) quality control plans including sampling and analysis procedures to insure individual shipments meet quality specificationsprocedures; and (vi) Seller’s aggregate commitments to others redacted third parties to sell coal from the Coal Property Properties during the term of this Agreement. Such complete mining plan Buyer shall not be delivered entitled to Buyer on remove or before March 31 make copies of such information from the year of the Commencement Date (as defined in Section 2 above), if requiredmine. Buyer’s receipt of the mining plan or other information or data furnished by Seller (the “Mining Information”) shall not in any manner relieve Seller of any of Seller’s obligations or responsibilities under this Agreement; nor shall such Buyer’s review of the Mining Information be construed as constituting an approval of Seller’s proposed mining plan as prudent mining practices, such review for any purposes. Review by Buyer being limited of Mining Information is solely for the purpose of allowing Buyer to a determination, for Buyer’s purposes only, of evaluate Seller’s capability to supply coal on a long-term basis to fulfill Buyer’s requirements as required by this Agreement, and the provision of a dependable coal supply. Mining Information by Seller shall annually not provide Buyer with any right, or impose upon Buyer any duty or obligation, to exercise any direction or control over Seller’s mining or reclamation operations. Seller agrees that Peabody COALSALES, LLC LGE&E/KU Contract No. J23003 it shall not rely upon its provision of Mining Information in response to any claim by Buyer that Seller has breached or failed to properly perform any of Seller’s obligations under this Agreement. To the extent it can legally do so, Buyer shall maintain as confidential all Mining Information disclosed by Seller and shall not disclose or use such Mining Information for any purposes other than to evaluate Seller’s performance and compliance with the provisions of this Agreement. Upon request, Buyer shall have the right to request a mining plan update (“Update”) showing progress to date, Seller’s conformity to original mining plan, and then then-known changes in reserve data data, and planned changes in mining progression, plans or procedures. The update shall be submitted annually on or before October 1 of each year following the Commencement Date during the term of this Agreement. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009.

Seller’s Preparation of Mining Plan. Seller shall have prepared a complete mining plan for the Coal Property with adequate supporting data to demonstrate Seller’s 's capability to have coal produced from the Coal Property which meets the quantity and quality specifications of this Agreement. Seller shall shall, upon Buyer's request during Coal Property Inspections, if any (made pursuant to Section 19), provide information to Buyer with two (2) copies of such mining plan which shall contain maps and a narrative depicting areas and seams of coal to be mined and shall include (but not be limited to) the following information: (i) reserves from which the coal will be produced during the term hereof and the mining sequence, by year (or such other time intervals as mutually ARCH COAL SALES CO., INC. KU Contract # KUF02849 agreed) during the term of this Agreement, from which coal will be mined; (ii) methods of XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 mining such coal; (iii) methods of transporting and, in the event a preparation plant is constructed at utilized by Seller, the Coal Property, methods of washing coal to insure compliance with the quantity and quality requirements of this Agreement including a description and flow sheet of the preparation plant; (iv) quality data plotted on the maps depicting data points and isolines by ash, sulfur, and Btu; (v) quality control plans including sampling and analysis procedures to insure individual shipments meet quality specifications; and (vi) Seller’s 's aggregate commitments to others to sell coal from the Coal Property during the term of this Agreement. Such complete mining plan shall be delivered to Buyer on or before March 31 of the year of the Commencement Date (as defined in Section 2 above), if required. Buyer’s 's receipt of the mining plan or other information or data furnished by Seller (the "Mining Information") shall not in any manner relieve Seller of any of Seller’s 's obligations or responsibilities under this Agreement; nor shall such review be construed as constituting an approval of Seller’s 's proposed mining plan as prudent mining practices, such review by Buyer being limited solely to a determination, for Buyer’s 's purposes only, of Seller’s 's capability to supply coal on a long-term basis to fulfill Buyer’s 's requirements of a dependable coal supply. Seller shall annually provide Buyer with a mining plan update (“Update”) showing progress to date, conformity to original mining plan, and then known changes in reserve data and planned changes in mining progression, plans or procedures. The update shall be submitted annually on or before October 1 of each year following the Commencement Date during the term of this Agreement. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009.

Seller’s Preparation of Mining Plan. Seller shall have prepared a complete mining plan for the Coal Property with adequate supporting data to demonstrate Seller’s 's capability to have coal produced from the Coal Property which meets the quantity and quality specifications of this Agreement. Seller shall provide Buyer with two (2) copies of such mining plan which shall contain maps and a narrative depicting areas and seams of coal to be mined and shall include (but not be limited to) the following information: (i) reserves from which the coal will be produced during the term hereof and the mining sequence, by year (or such other time intervals as mutually agreed) during the term of this Agreement, from which coal will be mined; (ii) methods of XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 mining such coal; (iii) methods of transporting and, in the event a preparation plant is constructed at the Coal Property, methods of washing coal to insure compliance with the quantity and quality requirements of this Agreement including a description and flow sheet of the preparation plant; (iv) quality data plotted on the maps depicting data points and isolines by ash, sulfur, and Btu; (v) quality control plans including sampling and analysis procedures to insure individual shipments meet quality specifications; and (vi) Seller’s 's aggregate commitments to CONTRACT #00-000-000 others to sell coal from the Coal Property during the term of this Agreement. Such complete mining plan shall be delivered to Buyer on or before March 31 of the year of the Commencement Date (as defined in Section 2 above)April 30, if required1997. Buyer’s 's receipt of the mining plan or other information or data furnished by Seller shall not in any manner way relieve Seller of any of Seller’s 's obligations or responsibilities under this Agreement; nor shall such review be construed as constituting an approval of Seller’s 's proposed mining plan as prudent mining practices, such review by Buyer being limited solely to a determination, for Buyer’s 's purposes only, of Seller’s 's capability to supply coal on a long-term basis to fulfill Buyer’s 's requirements of a dependable coal supply. Seller shall annually provide Buyer with a mining plan update (“"Update”") showing progress to date, conformity to original mining plan, and then known changes in reserve data and planned changes in mining progression, plans or procedures. The update shall be submitted annually on or before October 1 April 30 of each year following the Commencement Date during the term of this Agreement. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009.

Seller’s Preparation of Mining Plan. Seller shall prepare or have prepared a complete mining plan for the Coal Property Properties with adequate supporting data to demonstrate Seller’s capability to have coal produced from the Coal Property Properties which meets the quantity and quality specifications of this Agreement. Seller shall shall, upon Buyer’s request, provide information to Buyer with two (2) copies of regarding such mining plan which shall contain maps and a narrative depicting describing areas and seams of coal to be mined and shall include (but not be limited to) the following information: (i) reserves from which the coal will be produced during the term hereof and the mining sequence, by year (or such other time intervals as mutually agreed) during the term of this Agreement, from which coal will be mined; (ii) methods of XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 mining such coal; (iii) methods of transporting and, in and washing the event a preparation plant is constructed at the Coal Property, methods of washing coal to insure compliance with the quantity and quality requirements of this Agreement including a description and flow sheet of the preparation plant; (iv) quality data plotted on the maps depicting data points and isolines by ash, sulfur, and Btu; (v) quality control plans including sampling and analysis procedures to insure individual shipments Shipments meet quality specifications; and (vi) Seller’s aggregate commitments to others to sell coal from the Coal Property Properties during the term of this Agreement. Such complete mining plan shall be delivered to Buyer on or before March 31 of the year of the Commencement Date (as defined in Section 2 above), if required. BuyerXxxxx’s receipt of the mining plan or other information or data furnished by Seller (the “Mining Information”) shall not in any manner relieve Seller of any of Seller’s obligations or responsibilities under this Agreement; nor shall such Buyer’s review of the Mining Information be construed as constituting an approval of Seller’s proposed mining plan as prudent mining practices, such review for any purposes. Review by Buyer being limited solely to a determination, of the Mining Information is for Buyer’s purposes only, of only and is to allow Buyer to evaluate Seller’s capability to supply coal on a long-term basis as required by this Agreement. To the extent it can legally do so, Buyer shall maintain as confidential all Mining Information disclosed by Seller and shall not disclose or use such Mining Information for any purposes other than to fulfill Buyerevaluate Seller’s requirements performance and compliance with the provisions of a dependable coal supplythis Agreement. Seller Upon request, Xxxxx shall annually provide Buyer with have the right to request a mining plan update (“Update”) showing progress to date, Seller’s conformity to the original mining plan, and then then-known changes in reserve data data, and planned changes in mining progression, plans or procedures. The update shall be submitted annually on or before October 1 of each year following the Commencement Date during the term of this Agreement. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009.

Seller’s Preparation of Mining Plan. On or before January 1, 2003, Seller shall have prepared, or obtained from Producer, and delivered to Buyer, a complete mining plan for the Coal Property with adequate supporting data to demonstrate Producer’s capability to have coal produced from the Coal Property which meets the quantity and quality specifications of this Agreement. Seller shall provide Buyer with two (2) copies of such mining plan. Buyer’s receipt of any such mining plans or other information or data furnished voluntarily by Seller (the “Mining Information”) shall not in any manner relieve Seller of any of Seller’s obligations or responsibilities under this Agreement. Buyer’s receipt and review, if any, of any Mining Information shall not be construed as constituting an approval of Producer’s proposed mining plan or Producer’s mining practices. The parties acknowledge that Buyer has no right to approve, disapprove or require modification of Producer’s mining plan. Buyer and Seller understand and acknowledge that a review, if any, by Buyer of the Mining Information shall be limited solely to a determination, for Buyer’s purposes only, of Seller’s capability to supply coal to fulfill Buyer’s requirements of a dependable coal supply. Seller shall have prepared a complete mining plan for the Coal Property with adequate supporting data to demonstrate Seller’s capability to have coal produced from the Coal Property which meets the quantity and quality specifications of this Agreement. Seller shall provide Buyer with two (2) copies of such mining plan which shall contain maps and a narrative depicting areas and seams of coal to be mined and shall include (but not be limited to) the following information: (i) reserves from which the coal will be produced during the term hereof and the mining sequence, by year (or such other time intervals as mutually agreed) during the term of this Agreement, from which coal will be mined; (ii) methods of XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 mining such coal; (iii) methods of transporting and, in the event a preparation plant is constructed at the Coal Property, methods of washing coal to insure compliance with the quantity and quality requirements of this Agreement including a description and flow sheet of the preparation plant; (iv) quality data plotted on the maps depicting data points and isolines by ash, sulfur, and Btu; (v) quality control plans including sampling and analysis procedures to insure individual shipments meet quality specifications; and (vi) Seller’s aggregate commitments to others to sell coal from the Coal Property during the term of this Agreement. Such complete mining plan shall be delivered to Buyer on or before March 31 of the year of the Commencement Date (as defined in Section 2 above)January 1, if required2003. Buyer’s receipt of the mining plan or other information or data furnished by Seller shall not in any manner many relieve Seller of any of Seller’s obligations or responsibilities under this Agreement; nor shall such review be construed as constituting an approval of SellerProducer’s proposed mining plan as prudent mining practices, such review by Buyer being limited solely to a determination, for Buyer’s purposes only, of SellerProducer’s capability to supply coal on a long-term basis to fulfill Buyer’s requirements of a dependable coal supply. Seller shall annually provide Buyer with a mining plan update (“Update”) showing progress to date, conformity to original mining plan, and then known changes in reserve data and planned changes in mining progression, plans or procedures. The update shall be submitted annually on or before October 1 January first (1st) of each year following the Commencement Date during the term of this Agreement. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009.

Seller’s Preparation of Mining Plan. Seller shall have prepared a complete mining plan for the Coal Property with adequate supporting data to demonstrate Seller’s 's capability to have coal produced from the Coal Property which meets the quantity and quality specifications of this Agreement. Seller shall provide Buyer with two (2) copies of such mining plan which shall contain maps and a narrative depicting areas and seams of coal to be mined and shall include (but not be limited to) the following information: (i) reserves from which the coal will be produced during the term hereof and the mining sequence, by year (or such other time intervals as mutually agreed) during the term of this Agreement, from which coal will be mined; (ii) methods of XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 CONTRACT #00-000-000 mining such coal; (iii) methods of transporting and, in the event a preparation plant is constructed at the Coal Property, methods of washing coal to insure compliance with the quantity and quality requirements of this Agreement including a description and flow sheet of the preparation plant; (iv) quality data plotted on the maps depicting data points and isolines by ash, sulfur, and Btu; (v) quality control plans including sampling and analysis procedures to insure individual shipments meet quality specifications; and (vi) Seller’s 's aggregate commitments to others to sell coal from the Coal Property during the term of this Agreement. Such complete mining plan shall be delivered to Buyer on or before March 31 of the year of the Commencement Date (as defined in Section 2 above)April 30, if required1997. Buyer’s 's receipt of the mining plan or other information or data furnished by Seller shall not in any manner many relieve Seller of any of Seller’s 's obligations or responsibilities under this Agreement; nor shall such review be construed as constituting an approval of Seller’s 's proposed mining plan as prudent mining practices, such review by Buyer being limited solely to a determination, for Buyer’s 's purposes only, of Seller’s 's capability to supply coal on a long-term basis to fulfill Buyer’s 's requirements of a dependable coal supply. Seller shall annually provide Buyer with a mining plan update (“"Update”") showing progress to date, conformity to original mining plan, and then known changes in reserve data and planned changes in mining progression, plans or procedures. The update shall be submitted annually on or before October 1 January 31 of each year following the Commencement Date during the term of this Agreement. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009.

Seller’s Preparation of Mining Plan. Seller shall have prepared shall, upon Buyer’s request, allow Buyer to review at the respective Coal Properties, information constituting a complete mining plan for the Coal Property with adequate supporting data to demonstrate Seller’s capability to have coal produced from the Coal Property which meets the quantity and quality specifications of this Agreement. Seller shall provide Buyer with two (2) copies of such mining plan which shall contain maps and a narrative depicting describing areas and seams of coal to be mined and shall include (but not be limited to) the following information: (i) reserves from which the coal will be produced during the term hereof and the mining sequence, by year (or such other time intervals as mutually agreed) during the term of this Agreement, from which coal will be mined; (ii) methods of XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 mining such coal; (iii) methods of transporting and, in and washing the event a preparation plant is constructed at the Coal Property, methods of washing coal to insure compliance with the quantity and quality requirements of this Agreement including a description and flow sheet of the preparation plant; (iv) quality data plotted on the maps depicting data points and isolines by ash, sulfur, and Btu; (v) quality control plans including sampling and analysis procedures to insure individual shipments meet quality specificationsprocedures; and (vi) Seller’s aggregate commitments to others redacted third parties to sell coal from the Coal Property Properties during the term of this Agreement. Such complete mining plan Buyer shall not be delivered entitled to Buyer on remove or before March 31 make copies of such information from the year of the Commencement Date (as defined in Section 2 above), if requiredmine. Buyer’s receipt of the mining plan or other information or data furnished by Seller (the “Mining Information”) shall not in any manner relieve Seller of any of Seller’s obligations or responsibilities under this Agreement; nor shall such Buyer’s review of the Mining Information be construed as constituting an approval of Seller’s proposed mining plan as prudent mining practices, such review for any purposes. Review by Buyer being limited of Mining Information is solely for the purpose of allowing Buyer to a determination, for Buyer’s purposes only, of evaluate Seller’s capability to supply coal on a long-term basis to fulfill Buyer’s requirements as required by this Agreement, and the provision of a dependable coal supply. Mining Information by Seller shall annually not provide Buyer with any right, or impose upon Buyer any duty or obligation, to exercise any direction or control over Seller’s mining or reclamation operations. Seller agrees that it shall not rely upon its provision of Mining Information in response to any claim by Buyer that Seller has breached or failed to properly perform any of Seller’s obligations under this Agreement. To the extent it can legally do so, Buyer shall maintain as confidential all Mining Information disclosed by Seller and shall not disclose or use such Mining Information for any purposes other than to evaluate Seller’s performance and compliance with the provisions of this Agreement. Upon request, Buyer shall have the right to request a mining plan update (“Update”) showing progress to date, Seller’s conformity to original mining plan, and then then-known changes in reserve data data, and planned changes in mining progression, plans or procedures. The update shall be submitted annually on or before October 1 of each year following the Commencement Date during the term of this Agreement. XXXXXXXXX COAL COMPANY, INC LG&E/KU Contract No. J10009.