Common use of Suspension and Termination Clause in Contracts

Suspension and Termination. If the coal sold hereunder fails to meet one (1) or more of the Guaranteed Monthly Weighted Averages set forth in §6.1 for any two (2) months in a six (6) month period, or if five (5) barge shipments in a thirty (30) day period are rejectable by Buyer, or two (2) rail shipments are rejectable in any thirty (30) day period by Buyer, then Buyer may upon notice confirmed in writing and sent to Seller by certified mail, suspend future shipments except shipments already loaded into barges, and/or railcars. Seller shall, within ten (10) days, provide Buyer with reasonable assurances that subsequent monthly deliveries of coal shall meet or exceed the Guaranteed Monthly Weighted Averages set forth in §6.1 and that the source will exceed the rejection limits set forth in §6.1. If Seller fails to provide such assurances within said ten (10) day period, Buyer may terminate this Agreement by giving written notice of such termination at the end of the ten (10) day period. A waiver of this right for any one (1) period by Buyer shall not constitute a waiver for subsequent periods. If Seller after providing such assurances to Buyer’s reasonable satisfaction, shipments hereunder shall resume and any tonnage deficiencies resulting from suspension may be made up at Buyer’s sole option. If Buyer elects to not make up the shipments, the Base Quantity shall be reduced to reflect the tonnage deficiency resulting from XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 suspension. Buyer shall not unreasonably withhold its acceptance of Seller’s assurances, or delay the resumption of shipment. If Seller, after such assurances, fails to meet any of the Guaranteed Monthly Weighted Averages for any one (1) month within the next six (6) months or if three (3) barge shipments or if one (1) rail shipment are rejectable within any thirty (30) day period during such six (6) month period, then Buyer may terminate this Agreement and exercise all its other rights and remedies under applicable law and in equity for Seller’s breach.

Suspension and Termination. If the coal sold hereunder fails to meet one (1) or more of the Guaranteed Monthly Weighted Averages set forth in §6.1 for any two (2) months in a six (6) month period, or if five (5) barge shipments in a thirty (30) day period are rejectable by Buyer, or two (2) rail shipments are rejectable in any thirty (30) day period by Buyer, then Buyer may upon notice confirmed in writing and sent to Seller by certified mail, suspend future shipments except shipments already loaded into barges, and/or railcars. Seller shall, within ten (10) days, provide Buyer with reasonable assurances that subsequent monthly deliveries of coal shall meet or exceed the Guaranteed Monthly Weighted Averages set forth in §6.1 and that the source will exceed the XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 rejection limits set forth in §6.1. If Seller fails to provide such assurances within said ten (10l0) day period, Buyer may terminate this Agreement by giving written notice of such termination at the end of the ten (10) day period. A waiver of this right for any one (1) period by Buyer shall not constitute a waiver for subsequent periods. If Seller after providing such assurances to Buyer’s reasonable satisfaction, shipments hereunder shall resume and any tonnage deficiencies resulting from suspension may be made up at Buyer’s sole option. If Buyer elects to not make up the shipments, the Base Quantity shall be reduced to reflect the tonnage deficiency resulting from XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 suspension. Buyer shall not unreasonably withhold its acceptance of Seller’s assurances, or delay the resumption of shipment. If Seller, after such assurances, fails to meet any of the Guaranteed Monthly Weighted Averages for any one (1) month within the next six (6) months or if three (3) barge shipments or if one (1) rail shipment are rejectable within any thirty (30) day period during such six (6) month period, then Buyer may terminate this Agreement and exercise all its other rights and remedies under applicable law and in equity for Seller’s breach.

Suspension and Termination. If the coal sold hereunder fails to meet one (1) or more of the same applicable Guaranteed Monthly Weighted Averages Average specification set forth in §6.1 for any two (2) months in a six (6) month period, or if five (5) barge shipments in a thirty (30) day period are rejectable by Buyer, or two (2) rail shipments are rejectable for any Rejection Limits specification set forth in §6.1 in any thirty (30) day period by Buyerperiod, then Buyer may upon telephone or e- mail notice to Seller, and subsequently confirmed in writing and sent to Seller by certified mail, suspend future shipments except shipments already loaded into barges, and/or railcarsloaded. Seller shall, within ten (10) days, provide Buyer with reasonable assurances that subsequent monthly deliveries of coal shall meet or exceed be of a quality superior to the Guaranteed Monthly Weighted Averages set forth in §6.1 and that the source coal will exceed meet or be of a quality superior to the rejection limits set forth in §6.1limits. If Seller fails to provide such assurances within said ten (10) day period, Buyer may terminate this Agreement by giving written notice of such termination at the end of the ten (10) day periodperiod and exercise all rights and remedies it may have hereunder, at law or at equity. A waiver of this right for any one (1) period by Buyer shall not constitute a waiver for subsequent periods. If Seller after providing provides such assurances to Buyer’s 's reasonable satisfaction, shipments hereunder shall resume and any tonnage deficiencies resulting from suspension may be made up at Buyer’s 's sole option. If Buyer elects to not make up the shipments, the Base Quantity shall be reduced to reflect the tonnage deficiency resulting from XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 suspension. Buyer shall not unreasonably withhold its acceptance of Seller’s assurances, 's assurances or delay the resumption of shipmentshipments. If Seller, after giving such assurances, fails to meet any of the same Guaranteed Monthly Weighted Averages Average specification set forth in §6.1 which gave rise to Buyer’s right of suspension for any one (1) month within the next six (6) months or if three (3) barge shipments or if one (1) rail shipment are rejectable within any thirty (30) day period during such six (6) month period, then Buyer may terminate this Agreement and exercise all its other rights and remedies under applicable law and in equity for Seller’s breach.one

Suspension and Termination. If the coal sold hereunder fails to meet one (1) or more of the Guaranteed Monthly Weighted Averages set forth in §6.1 for any two (2) months in a six (6) month period, or if five (5) barge shipments Shipments in a thirty (30) day period are rejectable by Buyer, or two (2) rail shipments are rejectable in any thirty (30) day period by Buyer, then Buyer may upon notice (which need not comply with Section 11) confirmed in writing and sent to Seller by certified mailin accordance with Section 11, suspend future shipments Shipments of coal hereunder, except shipments for coal already loaded into barges, and/or railcarsbarges at the time notice is given. Seller shall, within ten (10) daysdays of such notice, provide Buyer with reasonable assurances that subsequent monthly deliveries future Shipments of coal shall will meet or exceed be of a quality superior to the Guaranteed Monthly Weighted Averages Average specifications set forth in §6.1 and that the source will exceed be of a quality superior to the rejection limits set forth in §6.1. If Seller fails to provide such assurances within said ten (10) day period, Buyer may terminate this Agreement by giving written notice of such termination at the end of the ten (10) day period. A waiver of this right for any one (1) period by Buyer shall not constitute a waiver for subsequent periods. If Seller after providing provides such assurances to Buyer’s reasonable satisfaction, shipments Shipments hereunder shall resume resume, and any tonnage deficiencies resulting from suspension may be made up at Buyer’s sole option. If Buyer elects to not make up the shipments, the Base Quantity shall be reduced to reflect the tonnage deficiency resulting from XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 suspension. Buyer shall not unreasonably withhold its acceptance of Seller’s assurances, or delay the resumption of shipmentShipments. If after deliveries resume, Seller, after such assurances, fails ’s deliveries fail to meet any of the Guaranteed Monthly Weighted Averages Average specifications for any one (1) month Delivery Month within the next six (6) months or if three (3) barge shipments or if one (1) rail shipment are rejectable within any in a thirty (30) day period are rejectable during such six (6) month period, then Buyer may terminate this Agreement and exercise all its other rights and remedies available to it under applicable law and in equity for Seller’s breach. If Buyer refrains from terminating this Agreement as a result of one or more Non- Conforming Shipments of coal as provided herein, Buyer shall not be deemed to have waived its right to terminate this Agreement for any future breach of this Agreement.

Suspension and Termination. If (a) the coal sold hereunder during a month fails to meet one (1) or more of the Guaranteed Monthly Weighted Averages Average specifications set forth in §6.1 for any two (2) months Delivery Months in a six (6) month period, or if (b) five (5) barge shipments Shipments in a thirty (30) day period are rejectable by Buyer, or (c) Buyer receives at its generating station(s) two (2) rail shipments Shipments which are rejectable in any thirty (30) day period by Buyerperiod, then Buyer may upon notice (which need not comply with Section 11) confirmed in writing and sent to Seller by certified mailin accordance with Section 11, suspend future shipments Shipments of coal hereunder, except shipments for coal already loaded into barges, barges and/or railcarsrailcars at the time notice is given. Seller shall, within ten (10) daysdays of such notice, provide Buyer with reasonable assurances that subsequent monthly deliveries future Shipments of coal shall will meet or exceed be of a quality superior to the Guaranteed Monthly Weighted Averages Average specifications set forth in §6.1 and that the source will exceed be of a quality superior to the rejection limits set forth in §6.1. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 If Seller fails to provide such assurances within said ten (10) day period, Buyer may terminate this Agreement by giving written notice of such termination at the end of the ten (10) day period. A waiver of this right for any one (1) period by Buyer shall not constitute a waiver for subsequent periods. If Seller after providing provides such assurances to Buyer’s reasonable satisfaction, shipments hereunder shall resume resume, and any tonnage deficiencies resulting from suspension may be made up at Buyer’s sole option. If Buyer elects to not make up the shipments, the Base Quantity shall be reduced to reflect the tonnage deficiency resulting from XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 suspension. Buyer shall not unreasonably withhold its acceptance of Seller’s assurances, or delay the resumption of shipmentshipments. If after deliveries resume, Seller, after such assurances, fails ’s deliveries fail to meet any of the Guaranteed Monthly Weighted Averages Average specifications for any one (1) month Delivery Month within the next six (6) months or if three (3) barge shipments or if one (1) rail shipment are rejectable within any thirty one (301) day period Delivery Month during such six (6) month period, then Buyer may terminate this Agreement and exercise all its other rights and remedies available to it under applicable law and in equity for Seller’s breach.. If Buyer refrains from terminating this Agreement as a result of one or more Non-Conforming Shipments of coal as provided herein, Buyer shall not be deemed to have waived its right to terminate this Agreement for any future breach of the Agreement. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Contract No. J12004

Suspension and Termination. If (a) the coal sold hereunder during a month fails to meet one (1) or more of the Guaranteed Monthly Weighted Averages Average specifications set forth in §6.1 for any two (2) months Delivery Months in a six (6) month period, or if (b) five (5) barge shipments Shipments in a thirty (30) day period are rejectable by Buyer, or (c) Buyer receives at its generating station(s) two (2) rail shipments Shipments which are rejectable in any thirty (30) day period by Buyerperiod, then Buyer may upon notice (which need not comply with Section 11) confirmed in writing and sent to Seller by certified mailin accordance with Section 11, suspend future shipments Shipments of coal hereunder, except shipments for coal already loaded into barges, barges and/or railcarsrailcars at the time notice is given. Seller shall, within ten (10) daysdays of such notice, provide Buyer with reasonable assurances that subsequent monthly deliveries future Shipments of coal shall will meet or exceed be of a quality superior to the Guaranteed Monthly Weighted Averages Average specifications set forth in §6.1 and that the source will exceed be of a quality superior to the rejection limits set forth in §6.1. If Seller fails to provide such assurances within said ten (10) day period, Buyer may terminate this Agreement by giving written notice of such termination at the end of the ten (10) day period. A waiver of this right for any one (1) period by Buyer shall not constitute a waiver for subsequent periods. If Seller after providing provides such assurances to Buyer’s reasonable satisfaction, shipments hereunder shall resume resume, and any tonnage deficiencies resulting from suspension may be made up at Buyer’s sole option. If Buyer elects to not make up the shipments, the Base Quantity shall be reduced to reflect the tonnage deficiency resulting from XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 suspension. Buyer shall not unreasonably withhold its acceptance of Seller’s assurances, or delay the resumption of shipmentshipments. If after deliveries resume, Seller, after such assurances, fails ’s deliveries fail to meet any of the Guaranteed Monthly Weighted Averages Average specifications for any one (1) month Delivery Month within the next six (6) months or if three (3) barge shipments or if one (1) rail shipment are rejectable within any thirty one (301) day period Delivery XXXXXXXXX COAL COMPANY, INC. LG&E/KU Contract No. J14004 Month during such six (6) month period, then Buyer may terminate this Agreement and exercise all its other rights and remedies available to it under applicable law and in equity for Seller’s breach. If Buyer refrains from terminating this Agreement as a result of one or more Non- Conforming Shipments of coal as provided herein, Buyer shall not be deemed to have waived its right to terminate this Agreement for any future breach of the Agreement.

Suspension and Termination. If the coal sold hereunder fails to meet one (1) or more of the Guaranteed Monthly Weighted Averages set forth in §§ 6.1 for any two (2) consecutive months or a total of three (3) months in a six (6) month period, or if five six (56) barge shipments in a thirty (30) day period are rejectable by Buyer, or two (2) rail shipments are rejectable in any thirty (30) day period by Buyer, then Buyer may upon notice confirmed in writing and sent to Seller by certified mail, suspend future shipments except shipments already loaded into barges, and/or railcars. Seller shall, within ten (10) days, provide Buyer with reasonable assurances that subsequent monthly deliveries of coal shall meet or exceed the Guaranteed Monthly Weighted Averages set forth in §§ 6.1 and that the source will exceed the rejection limits set forth in §§ 6.1. If Seller fails to provide such assurances within said ten (10) day period, Buyer may terminate this Agreement by giving written notice of such termination at the end of the ten (10) day period. A waiver of this right for any one (1) period by Buyer shall not constitute a waiver for subsequent periods. If Seller after providing provides such reasonable assurances to Buyer’s reasonable satisfaction, shipments hereunder shall resume and any tonnage deficiencies resulting from suspension may be made up at Buyer’s sole option. If Buyer elects to not make up the shipments, the Base Quantity shall be reduced to reflect the tonnage deficiency resulting from XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 suspension. Buyer shall not unreasonably withhold its acceptance of Seller’s assurances, or delay the resumption of shipmentshipment(s). If Seller, after providing such assurances, fails to meet any of the Guaranteed Monthly Weighted Averages for any one (1) month within the next six (6) months or if three (3) barge shipments or if are rejectable within any one (1) rail shipment are rejectable within any thirty (30) day period month during such six (6) month period, then Buyer may terminate this Agreement and exercise all its other rights and remedies under applicable law and in equity for Seller’s breach.

Suspension and Termination. If the coal sold hereunder fails to meet one (1) or more of the Guaranteed Monthly Weighted Averages set forth in §Section 6.1 for any two (2) months in a six (6) month period, or if five (5) barge shipments in a thirty (30) day period are rejectable by Buyer, or two (2) rail shipments are rejectable in any thirty (30) day period by Buyer, then Buyer may upon notice confirmed in writing and sent to Seller by certified mail, suspend future shipments except ARCH COAL SALES CO., INC. KU Contract # KUF02848 PRB shipments already loaded into barges, and/or railcars. Seller shall, within ten (10) days10 days of receipt of Buyer's notice, provide Buyer with reasonable assurances that subsequent monthly deliveries of coal shall meet or exceed the Guaranteed Monthly Weighted Averages set forth in §Section 6.1 and that the source will exceed the rejection limits Rejection Limits set forth in §Section 6.1. If Seller fails to provide such assurances within said ten (10) 10 day period, Buyer may terminate this Agreement by giving written notice of such termination at the end of the ten (10) 10 day period. A waiver of this right for any one (1) period by Buyer shall not constitute a waiver for subsequent periods. If Seller after providing provides such assurances to Buyer’s 's reasonable satisfaction, shipments hereunder shall resume and any tonnage deficiencies resulting from suspension may be made up at Buyer’s 's sole option. If Buyer elects to not make up the shipments, the Base Quantity shall be reduced to reflect the tonnage deficiency resulting from XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 suspension. Buyer shall not unreasonably withhold its acceptance of Seller’s 's assurances, or delay the resumption of shipment. If Seller, after such assurances, fails to meet any of the Guaranteed Monthly Weighted Averages for any one (1) month within the next six (6) months or if three (3) barge shipments or if one (1) rail shipment are rejectable within any thirty (30) day period during such six (6) month periodmonths, then Buyer may terminate this Agreement and exercise all its other rights and remedies under applicable law and in equity for Seller’s 's breach. Guaranteed Monthly Weighted Averages must be based on a minimum of three (3) shipments. For any month in which there is less than three (3) shipments made, the Guaranteed Monthly Weighted Average will be based on the last one or two shipments from the previous calendar month so that three shipments are used to determine the monthly weighted average for Suspension and Termination purposes. ARCH COAL SALES CO., INC. KU Contract # KUF02848 PRB

Suspension and Termination. If the coal sold hereunder fails to meet one (1) or more of the Guaranteed Monthly Weighted Averages set forth in §Section 6.1 for any two (2) months in a six (6) month period, or if five nine (59) barge shipments in a thirty (30) 30 day period are rejectable by Buyer, or two (2) rail shipments are rejectable in any thirty (30) day period by Buyer, then Buyer may upon notice confirmed in writing and sent to Seller by certified mail, suspend future shipments except shipments already loaded into barges, and/or railcars. Seller shall, within ten (10) 10 days, provide Buyer with reasonable assurances that subsequent monthly deliveries of coal shall meet or exceed the Guaranteed Monthly Weighted Averages set forth in §Section 6.1 and that the source will exceed the rejection limits set forth in §Section 6.1. If Seller fails to provide such assurances within said ten (10) 10 day period, Buyer may terminate this Agreement by giving written notice of such termination at the end of the ten (10) 10 day period. A waiver of this right for any one (1) period by Buyer shall not constitute a waiver for subsequent periods. If Seller after providing provides such assurances to Buyer’s 's reasonable satisfaction, shipments hereunder shall resume and any tonnage deficiencies resulting from suspension may be made up at Buyer’s 's sole option. If Buyer elects to not make up the shipments, the Base Quantity shall be reduced to reflect the tonnage deficiency resulting from XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 suspension. CONTRACT #00-000-000 Buyer shall not unreasonably withhold its acceptance of Seller’s 's assurances, or delay the resumption of shipment. If Seller, after such assurances, fails to meet any of the Guaranteed Monthly Weighted Averages for any one (1) month within the next six (6) months or if three (3) barge shipments or if are rejectable within any one (1) rail shipment are rejectable within any thirty (30) day period month during such six (6) month period, then Buyer may terminate this Agreement and exercise all its other rights and remedies under applicable law and in equity for Seller’s 's breach.

Suspension and Termination. If the coal sold hereunder fails to meet one (1) or more of the Guaranteed Monthly Weighted Averages set forth in §6.1 Section6.1 for any two (2) months in a six (6) month period, or if five nine (59) barge shipments in a thirty (30) 30 day period are rejectable by Buyer, or two (2) rail shipments are rejectable in any thirty (30) day period by Buyer, then Buyer may upon notice confirmed in writing and sent to Seller by certified mail, suspend future shipments except shipments already loaded into barges, and/or railcars. Seller shall, within ten (10) days10 days of receipt of Buyer's notice, provide Buyer with ARCH COAL SALES CO., INC. KU Contract # KUF02849 reasonable assurances that subsequent monthly deliveries of coal shall meet or exceed the Guaranteed Monthly Weighted Averages set forth in §Section 6.1 and that the source will exceed the rejection limits Rejection Limits set forth in §Section 6.1. If Seller fails to provide such assurances within said ten (10) 10 day period, Buyer may terminate this Agreement by giving written notice of such termination at the end of the ten (10) 10 day period. A waiver of this right for any one (1) period by Buyer shall not constitute a waiver for subsequent periods. If Seller after providing provides such assurances to Buyer’s 's reasonable satisfaction, shipments hereunder shall resume and any tonnage deficiencies resulting from suspension may be made up at Buyer’s 's sole option. If Buyer elects to not make up the shipments, the Base Quantity shall be reduced to reflect the tonnage deficiency resulting from XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 suspension. Buyer shall not unreasonably withhold its acceptance of Seller’s 's assurances, or delay the resumption of shipment. If Seller, after such assurances, fails to meet any of the Guaranteed Monthly Weighted Averages for any one (1) month within the next six (6) months or if three (3) barge shipments or if are rejectable within any one (1) rail shipment are rejectable within any thirty (30) day period month during such six (6) month period, then Buyer may terminate this Agreement and exercise all its other rights and remedies under applicable law and in equity for Seller’s 's breach.

Suspension and Termination. If the coal sold hereunder fails to meet one (1) or more of the Guaranteed Monthly Weighted Averages set forth in §6.1 ss.6.1 for any two (2) months in a six (6) month period, or if five nine (59) barge shipments in a thirty (30) 30 day period are rejectable by Buyer, or if Buyer receives at generating station(s) two (2) rail shipments which are rejectable in any thirty (30) 30 day period by Buyerperiod, then Buyer may upon notice confirmed in writing and sent to Seller by certified mail, suspend future shipments except shipments already loaded into barges, barges and/or railcars. Seller shall, within ten (10) 10 days, provide Buyer with reasonable assurances that subsequent monthly deliveries of coal shall meet or exceed the Guaranteed Monthly Weighted Averages set forth in §6.1 ss.6.1 and that the source will exceed the rejection limits set forth in §6.1ss.6.1. If Seller fails to provide such assurances within said ten (10) 10 day period, Buyer may terminate this Agreement by giving written notice of such termination at the end of the ten (10) 10 day period. A waiver of this right for any one (1) period by Buyer shall not constitute a waiver for subsequent periods. If Seller after providing provides such assurances to Buyer’s 's reasonable satisfaction, shipments hereunder shall resume and any tonnage deficiencies resulting from suspension may be made up at Buyer’s 's sole option. If Buyer elects to not make up the shipments, the Base Quantity shall be reduced to reflect the tonnage deficiency resulting from XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 suspension. Buyer shall not unreasonably withhold its acceptance of Seller’s 's assurances, or delay the resumption of shipment. If Seller, after such assurances, fails to meet any of the Guaranteed Monthly Weighted Averages for any one (1) month within the next six (6) months or if three (3) barge shipments or if one (1) 1 rail shipment are rejectable within any thirty one (301) day period month during such six (6) month period, then Buyer may terminate Contract #LGE 99-002 this Agreement and exercise all its other rights and remedies under applicable law and in equity for Seller’s 's breach.

Suspension and Termination. If the coal sold hereunder fails to meet one (1) or more of the Guaranteed Monthly Weighted Averages set forth in §6.1 for any two (2) months in a six (6) month period, or if five (5) barge shipments Shipments in a thirty (30) day period are rejectable by Buyer, or two (2) rail shipments are rejectable in any thirty (30) day period by BuyerXxxxx, then Buyer may upon notice (which need not comply with Section 11) confirmed in writing and sent to Seller by certified mailin accordance with Section 11, suspend future shipments Shipments of coal hereunder, except shipments for coal already loaded into barges, and/or railcarsbarges at the time notice is given. Seller shall, within ten (10) daysdays of such notice, provide Buyer with reasonable assurances that subsequent monthly deliveries future Shipments of coal shall will meet or exceed be of a quality superior to the Guaranteed Monthly Weighted Averages Average specifications set forth in §6.1 and that the source will exceed be of a quality superior to the rejection limits set forth in §6.1. If Seller fails to provide such assurances within said ten (10) day period, Buyer may terminate this Agreement by giving written notice of such termination at the end of the ten (10) day period. A waiver of this right for any one (1) period by Buyer shall not constitute a waiver for subsequent periods. If Seller after providing provides such assurances to Buyer’s reasonable satisfaction, shipments Shipments hereunder shall resume resume, and any tonnage deficiencies resulting from suspension may be made up at Buyer’s sole option. If Buyer elects to not make up the shipments, the Base Quantity shall be reduced to reflect the tonnage deficiency resulting from XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 suspension. Buyer shall not unreasonably withhold its acceptance of Seller’s assurances, or delay the resumption of shipmentShipments. If after deliveries resume, Seller, after such assurances, fails ’s deliveries fail to meet any of the Guaranteed Monthly Weighted Averages Average specifications for any one (1) month Delivery Month within the next six (6) months or if three (3) barge shipments or if one (1) rail shipment are rejectable within any in a thirty (30) day period are rejectable during such six (6) month period, then Buyer may terminate this Agreement and exercise all its other rights and remedies available to it under applicable law and in equity for Seller’s breach. If Buyer refrains from terminating this Agreement as a result of one or more Non- Conforming Shipments of coal as provided herein, Buyer shall not be deemed to have waived its right to terminate this Agreement for any future breach of this Agreement.

Suspension and Termination. If the coal sold hereunder fails to meet one (1) or more of the Guaranteed Monthly Weighted Averages set forth in §section 6.1 (as to either or both of LG&E or KU) for any two (2) months in a six (6) month period, or if five nine (59) barge shipments in a thirty (30) 30 day period are rejectable by Buyer, or if Buyer receives at generating station(s) two (2) rail shipments which are rejectable in any thirty (30) 30 day period by Buyerperiod, then Buyer may upon notice confirmed in writing and sent to Seller by certified mail, suspend future shipments except shipments already loaded into barges, and/or railcars. Seller shall, within ten (10) 10 days, provide Buyer with reasonable assurances that subsequent monthly deliveries of coal shall meet or exceed the Guaranteed Monthly Weighted Averages set forth in §6.1 and that the source will exceed the rejection limits set forth in §section 6.1. If Seller fails to provide such assurances within said ten (10) 10 day period, Buyer may terminate this Agreement by giving written notice of such termination at the end of the ten (10) 10 day period. A waiver of this right BLACK BEAUTY COAL COMPANY LG&E CONTRACT #LGE 02012 KU CONTRACT #KUF02857 for any one (1) period by Buyer shall not constitute a waiver for subsequent periods. If Seller after providing provides such assurances to Buyer’s 's reasonable satisfaction, shipments hereunder shall resume and any tonnage deficiencies resulting from suspension may be made up at Buyer’s 's sole option. If Buyer elects to not make up the shipments, the Base Quantity shall be reduced to reflect the tonnage deficiency resulting from XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 suspension. Buyer shall not unreasonably withhold its acceptance of Seller’s 's assurances, or delay the resumption of shipment. If Seller, after providing such assurances, fails to meet any of the Guaranteed Monthly Weighted Averages (as to either LG&E or KU) for any one (1) month within the next six (6) months or if three (3) barge shipments or if one (1) rail shipment are rejectable within any thirty one (301) day period month during such six (6) month period, then Buyer may terminate this Agreement and exercise all its other rights and remedies under applicable law and in equity for Seller’s 's breach.

Suspension and Termination. If the coal sold hereunder fails to meet one (1) or more of the Guaranteed Monthly Weighted Averages set forth in §§ 6.1 for any two (2) consecutive months or a total of three (3) months in a six (6) month period, or if five four (54) barge shipments in a thirty (30) day period are rejectable by Buyer, or two (2) rail shipments are rejectable in any thirty (30) day period by Buyer, then Buyer may upon notice confirmed in writing and sent to Seller by certified mail, suspend future shipments except shipments already loaded into barges, and/or railcars. Seller shall, within ten (10) days, provide Buyer with reasonable assurances that subsequent monthly deliveries of coal shall meet or exceed the Guaranteed Monthly Weighted Averages set forth in §§ 6.1 and that the source coal will exceed conform to all of the rejection limits Rejection Limits set forth in §§ 6.1. If Seller fails to provide such assurances within said ten (10) day period, Buyer may terminate this Agreement by giving written notice of such termination at the end of the ten (10) day period. A waiver of this right for any one (1) period by Buyer shall not constitute a waiver for subsequent periods. If Seller after providing provides such reasonable assurances to Buyer’s reasonable satisfaction, shipments hereunder shall resume and any tonnage deficiencies resulting from suspension may be made up at Buyer’s sole option. If Buyer elects to not make up the shipments, the Base Quantity shall be reduced to reflect the tonnage deficiency resulting from XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 suspension. Buyer shall not unreasonably withhold its acceptance of Seller’s assurances, or delay the resumption of shipmentshipment(s). If Seller, after providing such assurances, fails to meet any of the Guaranteed Monthly Weighted Averages for any one (1) month within the next six (6) months or if three (3) barge shipments or if are rejectable within any one (1) rail shipment are rejectable within any thirty (30) day period month during such six (6) month period, then Buyer may terminate this Agreement and exercise all its other rights and remedies under applicable law and in equity for Seller’s breach.

Suspension and Termination. If 10.1 Buyer has the right to suspend future shipments if the coal sold hereunder fails to meet one (1) or more of the Guaranteed Short Proximate Monthly Weighted Averages Average Suspension Specifications set forth in §6.1 below for any two three (23) months in a six consecutive months. Short Proximate Monthly Weighted Average Suspension Specifications (6As Received Basis) month period, or if five Calorific Value (5BTU/lb) barge shipments in a thirty (30*) day period are rejectable by Buyer, or two Minimum Ash % (2*) rail shipments are rejectable in any thirty Maximum Sulfur Dioxide (30lb/mmBtu) day period by Buyer(*) Maximum Moisture % (*) Maximum If Buyer exercises its right to suspend shipments, then Buyer may upon notice confirmed shall so notify Seller verbally, and confirm such notification in writing and writing, sent to Seller by certified mailMail, suspend future shipments except shipments already loaded into bargesfacsimile, and/or railcarsor other electronic method. Seller shall, within ten thirty (1030) daysdays of receipt of Buyer’s notice, provide Buyer with reasonable assurances that subsequent monthly deliveries of coal shall meet or exceed the Guaranteed Typical Short Proximate Monthly Weighted Averages set forth in §6.1 and that the source will exceed the rejection limits set forth in §6.1Section 8.1. If Seller fails to provide such assurances within said ten thirty (1030) day period, Buyer may terminate this Agreement by giving written notice of such termination at the end of the ten thirty (1030) day period. A waiver of this right for any one (1) period by Buyer shall not constitute a waiver for subsequent periods. If Seller after providing provides such assurances to Buyer’s reasonable satisfaction, shipments hereunder shall resume and any tonnage deficiencies resulting from suspension may be made up at Buyer’s sole option. If subject to the mutual agreement of Buyer elects to not make up the shipments, the Base Quantity shall be reduced to reflect the tonnage deficiency resulting from XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 suspensionand Seller. Buyer shall not unreasonably withhold its acceptance of Seller’s assurances, or delay the resumption of shipment. If Seller, after such assurances, fails to meet any of the Guaranteed Monthly Weighted Averages for any one (1) month within the next six (6) months or if three (3) barge shipments or if one (1) rail shipment are rejectable within any thirty (30) day period during such six (6) month period, then Buyer may terminate this Agreement and exercise all its other rights and remedies under applicable law and in equity for Seller’s breach.

Suspension and Termination. If In the coal sold hereunder fails event that any sum is not paid by the Client to meet one (1) the Building Control Approver in accordance with clause 4 the Building Control Approver shall be entitled to: Suspend performance of all or more any part of the Guaranteed Monthly Weighted Averages set forth in §6.1 for any two (2) months in a six (6) month period, or if five (5) barge shipments in a thirty (30) day period are rejectable Services by Buyer, or two (2) rail shipments are rejectable in any thirty (30) day period by Buyer, then Buyer may upon giving not less than 7 days’ notice confirmed in writing to the Client; and/or Terminate this Contract immediately by notice in the event the Client has not paid any sums due and sent outstanding to Seller by certified mail, suspend future shipments except shipments already loaded into barges, and/or railcarsthe Building Control Approver in accordance with clause 4 within 30 days of written notice from the Building Control Approver requiring such sums to be paid. Seller shall, within ten (10) days, provide Buyer with reasonable assurances that subsequent monthly deliveries of coal shall meet or exceed the Guaranteed Monthly Weighted Averages set forth in §6.1 and that the source will exceed the rejection limits set forth in §6.1. If Seller fails to provide such assurances within said ten (10) day period, Buyer The Client may terminate this Agreement Contract forthwith by giving written notice to the Building Control Approver if: The Building Control Approver is in material breach of such termination at its obligations under this Contract and has failed to remedy the end breach within 28 days of the ten (10) day period. A waiver of this right for any one (1) period by Buyer shall not constitute a waiver for subsequent periods. If Seller after providing such assurances to Buyer’s reasonable satisfaction, shipments hereunder shall resume and any tonnage deficiencies resulting from suspension may be made up at Buyer’s sole option. If Buyer elects to not make up Client notifying the shipments, the Base Quantity shall be reduced to reflect the tonnage deficiency resulting from XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 suspension. Buyer shall not unreasonably withhold its acceptance of Seller’s assurances, or delay the resumption of shipment. If Seller, after such assurances, fails to meet any Building Control Approver of the Guaranteed Monthly Weighted Averages for any one (1) month within the next six (6) months same; or if three (3) barge shipments or if one (1) rail shipment are rejectable within any thirty (30) day period during such six (6) month period, then Buyer The Building Control Approver becomes Insolvent. The Building Control Approver may terminate this Agreement Contract forthwith by written notice to the Client if: The Client is in breach of its obligations under this Contract and exercise all has failed to remedy the breach within 28 days of the Building Control Approver notifying the Client of the same; The Building Control Approver is prevented or impeded in performing the Services as a result of (i) Force Majeure and/or (ii) any changes and/or amendments to laws, orders, rules, regulations, codes of practice and/or decisions of a government body (including any changes required as a result of and/or in relation to the Building Regulations, the Building Act and the Building Safety Act); The Client becomes Insolvent; The Building Control Approver reasonably believes that it will not be in a position to issue a Final Certificate; The Building Control Approver considers that there is a conflict between its other rights obligations under this Contract and remedies the Statutory Functions; The Building Control Approver considers that it is necessary to cancel the Initial Notice under applicable law and Section 52(1) of the Building Act; The Building Control Approver is unable to maintain professional indemnity insurance and/or public liability insurance in equity for Selleraccordance with clause 6.1; The BSR suspends, terminates or places restrictions on the Building Control Approver’s breachregistration which prevent the Building Control Approver from carrying out the Services or from undertaking any Additional Work instructed pursuant to clause 4.5; and/or The Project constitutes or involves HRB Work.

Suspension and Termination. If (a) the coal sold hereunder during a month fails to meet one (1) or more of the Guaranteed Monthly Weighted Averages Average specifications set forth in §6.1 for any two (2) months [***] Delivery Months in a six (6) [***] month period, or if five (5b) [***] barge shipments Shipments in a thirty (30) [***] day period are rejectable by Buyer, or two (2) rail shipments are rejectable in any thirty (30) day period by Buyer, then Buyer may upon notice (which need not comply with Section 11) confirmed in writing and sent to Seller by certified mailin accordance with Section 11, suspend future shipments Shipments of coal hereunder, except shipments for coal already loaded into barges, and/or railcarsbarges at the time notice is given. Seller shall, within ten (10) days[***] days of such notice, provide Buyer with reasonable assurances that subsequent monthly deliveries of coal shall meet or exceed the Guaranteed Monthly Weighted Averages each specification set forth in §6.1 and that of future Shipments of coal will meet or be of a quality superior to the source will exceed the rejection limits Guaranteed Monthly Weighted Average specifications set forth in §6.1. If Seller fails to provide such assurances within said ten (10) [***] day period, Buyer may terminate this Agreement by giving written notice of such termination at the end of the ten (10) [***] day period. A waiver of this right for any one (1) period by Buyer shall not constitute a waiver for subsequent periods. If Seller after providing provides such assurances to Buyer’s reasonable satisfaction, shipments hereunder shall resume resume, and any tonnage deficiencies resulting from suspension may be made up at Buyer’s sole option. If Buyer elects to not make up the shipments, the Base Quantity shall be reduced to reflect the tonnage deficiency resulting from XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 suspension. Buyer shall not unreasonably withhold its acceptance of Seller’s assurances, or delay the resumption of shipmentshipments. If after deliveries resume, Seller, after such assurances, fails ’s deliveries fail to meet or exceed any of the Guaranteed Monthly Weighted Averages Average specifications that was the subject of the suspension for any one (1) month [***] Delivery Month within the next six (6) [***] months or if three (3) [***] barge shipments or if one (1) rail shipment Shipments are rejectable within any thirty (30) day period [***] Delivery Month during such six (6) [***] month period, then Buyer may terminate this Agreement and exercise all its other rights and remedies available to it under applicable law and in equity for Seller’s breach.. If Buyer refrains from terminating this Agreement as a result of [***] or more Non-Conforming Shipments of coal as provided herein, Buyer shall not be deemed to have waived its right to terminate this Agreement for any future breach of the Agreement. HARTSHORNE MINING GROUP, LLC LG&E/KU CONTRACT No. J18001

Suspension and Termination. If the coal sold hereunder fails to meet one (1) or more of the Guaranteed Monthly Weighted Averages set forth in §Section 6.1 (as to either or both of LG&E or KU) for any two three (23) months in a six (6) month period, or if five nine (59) barge shipments in a thirty (30) 30 day period are rejectable by Buyer, or two (2) rail shipments are rejectable in any thirty (30) day period by Buyer, then Buyer may upon notice confirmed in writing and sent to Seller by certified mail, suspend future shipments except shipments already loaded into barges, and/or railcars. Seller shall, within ten (10) 15 days, provide Buyer with reasonable assurances that subsequent monthly deliveries of coal shall meet or exceed the Guaranteed Monthly Weighted Averages set forth in §6.1 and that the source will exceed the rejection limits set forth in §Section 6.1. If Seller fails to provide such assurances within said ten (10) 15 day period, Buyer may terminate this Agreement by giving written notice of such termination at the end of the ten (10) 10 day period. A waiver of this right for any one (1) period by Buyer shall not constitute a waiver for subsequent periods. If Seller after providing provides such assurances to Buyer’s 's reasonable satisfaction, shipments hereunder shall resume and any tonnage deficiencies resulting from suspension may be made up at Buyer’s 's sole option. If Buyer elects to not make up the shipments, the Base Quantity shall be reduced to reflect the tonnage deficiency resulting from XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 suspension. Buyer shall not unreasonably withhold its acceptance of Seller’s 's assurances, or delay the resumption of shipment. If Seller, after such assurances, fails to meet any of the Guaranteed Monthly Weighted Averages (as to either LG&E or KU) for any one (1) month within the next six (6) months or if three (3) barge shipments or if are rejectable within any one (1) rail shipment are rejectable within any thirty (30) day period month during such six (6) month period, then CONSOL ENERGY INC. LG&E CONTRACT #LGE 00010 KU CONTRACT #KUF00731 Buyer may terminate this Agreement and exercise all its other rights and remedies under applicable law and in equity for Seller’s 's breach.

Suspension and Termination. If the coal sold hereunder fails to meet one (1) or more of the Guaranteed Monthly Weighted Averages set forth in §Section 6.1 for any two (2) months in a six (6) month period, or if five nine (59) barge truck shipments in a thirty (30) day period are rejectable by Buyer, or two (2) rail shipments are rejectable in any thirty (30) 30 day period by Buyerperiod, then Buyer may upon notice confirmed in writing and sent to Seller by certified mail, suspend future shipments except shipments already loaded into barges, trucks and/or railcars. Seller shall, within ten (10) 10 days, provide Buyer with reasonable assurances that subsequent monthly deliveries of coal shall meet or exceed the Guaranteed Monthly Weighted Averages set forth in §6.1 and that the source will exceed the rejection limits set forth in §6.1limits. If Seller fails to provide such assurances within said ten (10) 10 day period, Buyer may terminate this Agreement by giving written notice of such termination at the end of the ten (10) 10 day period. A waiver of this right for any one (1) period by Buyer shall not constitute a waiver for subsequent periods. If Seller after providing provides such assurances to Buyer’s 's reasonable satisfaction, shipments hereunder shall resume and any tonnage deficiencies resulting from suspension XXXXXXXX #XXX00000 may be made up at Buyer’s 's sole option. If Buyer elects to not make up the shipments, the Base Quantity shall be reduced to reflect the tonnage deficiency resulting from XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 suspension. Buyer shall not unreasonably withhold its acceptance of Seller’s assurances, 's assurances or delay the resumption of shipmentshipments. If Seller, after such assurances, fails to meet any of the Guaranteed Monthly Weighted Averages for any one (1) month within the next six (6) months or if three two (32) barge truck shipments or if one (1) 1 rail shipment are rejectable within any thirty one (301) day period month during such six (6) month period, then Buyer may terminate this Agreement and exercise all its other rights and remedies under applicable law and in equity for Seller’s 's breach.

Suspension and Termination. If the coal sold hereunder fails to meet one (1) or more of the Guaranteed Monthly Weighted Averages set forth in §6.1 for any two (2) months in a six (6) month period, period or if five (5) barge 20% of the shipments in a thirty (30) day period any month are rejectable by Buyer, or two (2) rail shipments are rejectable in any thirty (30) day period by Buyer, then Buyer may upon notice confirmed in writing and sent to Seller by certified mail, suspend future shipments except shipments already loaded into barges, and/or railcars. Seller shall, within ten (10) days15 days after written notice, provide Buyer with reasonable assurances that subsequent monthly deliveries of coal shall meet or exceed the Guaranteed Monthly Weighted Averages set forth in §6.1 and that the source will exceed the rejection limits set forth in §6.1. If Seller fails to provide such assurances within said ten (10) 15 day period, Buyer may terminate this Agreement by giving written notice of such termination at the end of the ten (10) 15 day period. A waiver of this right for any one (1) period by Buyer shall not constitute a waiver for subsequent periods. If Seller after providing provides such assurances to Buyer’s reasonable satisfaction, shipments hereunder shall resume and any tonnage deficiencies resulting from suspension may be made up at Buyer’s sole option. If Buyer elects to not make up the shipments, the Base Quantity shall be reduced to reflect the tonnage deficiency resulting from XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 suspension. Buyer shall not unreasonably withhold its acceptance of Seller’s assurances, or delay the resumption of shipment. If Seller, after such assurances, fails to meet any of the Guaranteed Monthly Weighted Averages for any one (1) month within the next six (6) months or if three (3) barge shipments or if are rejectable within any one (1) rail shipment are rejectable within any thirty (30) day period month during such six (6) month period, then Buyer may terminate this Agreement and exercise all its other rights and remedies under applicable law and in equity for Seller’s breach.

Suspension and Termination. If (a) the coal sold hereunder fails to meet one (1) or more of the Guaranteed Monthly Weighted Averages Average specifications set forth in §6.1 for any two (2) months Delivery Months in a six (6) month period, or if five (5b) four (4) barge shipments Shipments in a thirty (30) day period are rejectable by Buyer, or two (2) rail shipments are rejectable in any thirty (30) day period by BuyerACNR COAL SALES, INC. LG&E/KU Contract No. J24006 then Buyer may may, upon initial notice (which need not comply with Article 11) but promptly confirmed in writing and sent to Seller by certified mailin accordance with Article 11 thereafter, suspend future shipments Shipments of coal hereunder, except shipments for coal already loaded into barges, and/or railcarsbarges at the time notice is given. Seller shall, within ten (10) daysdays of such notice, provide Buyer with reasonable assurances that subsequent monthly deliveries future Shipments of coal shall will meet or exceed be of a quality superior to the Guaranteed Monthly Weighted Averages Average specifications set forth in §6.1 and that the source will exceed be of a quality superior to the rejection limits set forth in §6.1. If Seller fails to provide such assurances within said ten (10) day period, Buyer may terminate this Agreement by giving written notice of such termination at the end of the ten (10) day period. A waiver of this right for any one (1) period by Buyer shall not constitute a waiver for subsequent periods. If Seller after providing provides such assurances to Buyer’s reasonable satisfaction, shipments Shipments hereunder shall resume resume, and any tonnage deficiencies resulting from suspension may be made up at Buyer’s sole option. If Buyer elects to not make up the shipments, the Base Quantity shall be reduced to reflect the tonnage deficiency resulting from XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 suspension. Buyer shall not unreasonably withhold its acceptance of Seller’s assurances, or delay the resumption of shipmentShipments. If after deliveries resume, Seller, after such assurances, fails ’s deliveries fail to meet any of the Guaranteed Monthly Weighted Averages Average specifications for any one (1) month Delivery Month within the next six three (63) months or if three (3) barge shipments or if one (1) rail shipment are rejectable within any Shipments in a thirty (30) day period are rejectable during such six three (63) month period, then Buyer may terminate this Agreement and exercise all its other rights and remedies available to it under applicable law and in equity for Seller’s breach. If Buyer refrains from terminating this Agreement as a result of one or more Non- Conforming Shipments of coal as provided herein, Buyer shall not be deemed to have waived its right to terminate this Agreement for any future breach of the Agreement. ACNR COAL SALES, INC.

Suspension and Termination. If (a) the coal sold hereunder during a month fails to meet one (1) or more of the Guaranteed Monthly Weighted Averages Average specifications set forth in §6.1 for any two (2) months Delivery Months in a six (6) month period, or if (b) five (5) barge shipments Shipments in a thirty (30) day period are rejectable by Buyer, or (c) Buyer receives at its generating station(s) two (2) rail shipments Shipments which are rejectable in any thirty (30) day period by Buyerperiod, then Buyer may upon notice (which need not comply with Section 11) confirmed in writing and sent to Seller by certified mailin accordance with Section 11, suspend future shipments Shipments of coal hereunder, except shipments for coal already loaded into barges, barges and/or railcarsrailcars at the time notice is given. Seller shall, within ten (10) daysdays of such notice, provide Buyer with reasonable assurances that subsequent monthly deliveries future Shipments of coal shall will meet or exceed be of a quality superior to the XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 Guaranteed Monthly Weighted Averages Average specifications set forth in §6.1 and that the source will exceed be of a quality superior to the rejection limits set forth in §6.1. If Seller fails to provide such assurances within said ten (10) day period, Buyer may terminate this Agreement by giving written notice of such termination at the end of the ten (10) day period. A waiver of this right for any one (1) period by Buyer shall not constitute a waiver for subsequent periods. If Seller after providing provides such assurances to Buyer’s reasonable satisfaction, shipments hereunder shall resume resume, and any tonnage deficiencies resulting from suspension may be made up at Buyer’s sole option. If Buyer elects to not make up the shipments, the Base Quantity shall be reduced to reflect the tonnage deficiency resulting from XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 suspension. Buyer shall not unreasonably withhold its acceptance of Seller’s assurances, or delay the resumption of shipmentshipments. If after deliveries resume, Seller, after such assurances, fails ’s deliveries fail to meet any of the Guaranteed Monthly Weighted Averages Average specifications for any one (1) month Delivery Month within the next six (6) months or if three (3) barge shipments or if one (1) rail shipment are rejectable within any thirty one (301) day period Delivery Month during such six (6) month period, then Buyer may terminate this Agreement and exercise all its other rights and remedies available to it under applicable law and in equity for Seller’s breach.. If Buyer refrains from terminating this Agreement as a result of one or more Non-Conforming Shipments of coal as provided herein, Buyer shall not be deemed to have waived its right to terminate this Agreement for any future breach of the Agreement. 18 XXXXXXXXX COAL COMPANY, INC. LG&E/KU Contract No. J12004

Suspension and Termination. If the coal sold hereunder fails to meet one (1) or more of the Guaranteed Monthly Weighted Averages set forth in §Section 6.1 for any two (2) months in a six (6) month period, or if five nine (59) barge shipments in a thirty (30) day period month are rejectable by Buyer, or two (2) rail shipments are rejectable in any thirty (30) day period by Buyer, then Buyer may upon notice confirmed in writing and sent to Seller by certified mail, suspend future shipments except shipments already loaded into barges, and/or railcars. Seller shall, within ten (10) days10 business days of Seller's receipt of Buyer's written notice, provide Buyer with reasonable assurances that subsequent monthly deliveries of coal shall meet or exceed the Guaranteed Monthly Weighted Averages set forth in §Section 6.1 and that the source will not exceed the rejection limits set forth in §Section 6.1. If Seller fails to provide such assurances within said ten (10) 10 day period, Buyer may terminate this Agreement by giving written notice of such termination at the end of the ten (10) 10 day period. A waiver of this right for any one (1) period by Buyer shall not constitute a waiver for subsequent periods. If Seller after providing provides such assurances to Buyer’s 's reasonable satisfaction, shipments hereunder shall resume and any tonnage deficiencies resulting from suspension may be made up at Buyer’s 's sole option. If Buyer elects to not make up the shipments, the Base Quantity shall be reduced to reflect the tonnage deficiency resulting from XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 suspension. Buyer shall not unreasonably withhold its acceptance of Seller’s 's assurances, or delay the resumption of shipment. If Seller, after such assurances, again fails to meet any of the Guaranteed Monthly Weighted Averages for any one (1) month within the next six (6) months or if three six (36) barge shipments or if are rejectable within any one (1) rail shipment are rejectable within any thirty (30) day period month during such six (6) month period, then Buyer may terminate this Agreement and exercise all its other rights and remedies under applicable law and in equity for Seller’s breach's breach as provided in Section 21.4.

Suspension and Termination. If (a) the coal sold hereunder fails to meet one (1) or more of the Guaranteed Monthly Weighted Averages Average specifications set forth in §6.1 for any two (2) months Delivery Months in a six (6) month period, or if five (5b) nine (9) barge shipments Shipments in a thirty (30) day period are rejectable by Buyer, or two (2) rail shipments are rejectable in any thirty (30) day period by Buyer, then Buyer may may, upon initial notice (which need not comply with Article 11) but promptly confirmed in writing and sent to Seller by certified mailin accordance with Article 11 thereafter, suspend future shipments Shipments of coal hereunder, except shipments for coal already loaded into barges, and/or railcarsbarges at the time notice is given. Seller shall, within ten (10) daysdays of such notice, provide Buyer with reasonable assurances that subsequent monthly deliveries future Shipments of coal shall will meet or exceed be of a quality superior to the Guaranteed Monthly Weighted Averages Average specifications set forth in §6.1 and that the source will exceed be of a quality superior to the rejection limits set forth in §6.1. If Seller fails to provide such assurances within said ten (10) day period, Buyer may terminate this Agreement by giving written notice of such termination at the end of the ten (10) day period. A waiver of this right for any one (1) period by Buyer shall not constitute a waiver for subsequent periods. If Seller after providing provides such assurances to Buyer’s reasonable satisfaction, shipments Shipments hereunder shall resume resume, and any tonnage deficiencies resulting from suspension may be made up at Buyer’s sole option. If Buyer elects to not make up the shipments, the Base Quantity shall be reduced to reflect the tonnage deficiency resulting from XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 suspension. Buyer shall not unreasonably withhold its acceptance of Seller’s assurances, or delay the resumption of shipmentShipments. If after deliveries resume, Seller, after such assurances, fails ’s deliveries fail to meet any of the Guaranteed Monthly Weighted Averages Average specifications for any one (1) month Delivery Month within the next six three (63) months or if three (3) barge shipments or if one (1) rail shipment are rejectable within any Shipments in a thirty (30) day period are rejectable during such six three (63) month period, then Buyer may terminate this Agreement and exercise all its other rights and remedies available to it under applicable law and in equity for Seller’s breach. If Buyer refrains from terminating this Agreement as a result of one or more Non- Conforming Shipments of coal as provided herein, Buyer shall not be deemed to have waived its right to terminate this Agreement for any future breach of the Agreement.

Suspension and Termination. If one or more shipments of the coal sold hereunder fails to meet one (1) or more of the Guaranteed Monthly Weighted Averages rejection limits set forth in §Section 6.1 for (i.e., are rejectable) in any two (2) 2 months in a six (6) 6 month period, or if five (5) 9 barge shipments in a thirty (30) 30 day period are rejectable by Buyer, or two (2if Buyer receives at generating station(s) 2 unapproved rail shipments which are rejectable in any thirty (30) 30 day period by Buyerperiod, then Buyer may upon notice confirmed in writing and sent to Seller by certified mail, suspend future shipments except shipments already loaded into barges, barges and/or railcars. Seller shall, within ten (10) 10 days, provide Buyer with reasonable assurances that subsequent CONTRACT NO.: 00-000-000 monthly deliveries of coal shall meet or exceed the Guaranteed Monthly Weighted Averages set forth in §6.1 and that the source will exceed be within the rejection limits set forth in §Section 6.1. If Seller fails to provide such assurances within said ten (10) 10 day period, Buyer may terminate this Agreement by giving written notice of such termination at the end of the ten (10) 5 day period. A waiver of this right for any one (1) period by Buyer shall not constitute a waiver for subsequent periods. If Seller after providing provides such assurances to Buyer’s 's reasonable satisfaction, shipments hereunder shall resume and any tonnage deficiencies resulting from suspension may be made up at Buyer’s 's sole option. If Buyer elects to not make up the shipments, the Base Quantity shall be reduced to reflect the tonnage deficiency resulting from XXXXXXXXX COAL COMPANY, INC LG&E/KU Xxxxxxxx Xx. X00000 suspension. Buyer shall not unreasonably withhold its acceptance of Seller’s 's assurances, or delay the resumption of shipment. If Seller, after such assurances, fails to meet any of the Guaranteed Monthly Weighted Averages for any one (1) 1 month within the next six (6) 6 months or if three (3) 6 individual barge shipments, 2 barge lot loads, or 2 rail shipments or if one (1) rail shipment are rejectable within any thirty (30) day period one month during such six (6) month period, then Buyer may terminate this Agreement and exercise all its other rights and remedies under applicable law and in equity for Seller’s 's breach.