Common use of Weights Clause in Contracts

Weights. Except as otherwise provided herein or if the parties agree otherwise, the weight of each coal Shipment delivered hereunder shall be determined for payment purposes (the “Payment Weight”) by Buyer on the basis of certified scale weights at the generating station. If Buyer’s belt scale is inoperable or if Buyer fails to obtain a sample of the coal for qualitative analysis upon unloading, the Seller’s loading weight shall be used for the relevant Shipment and the Seller’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller will be notified as soon as possible whenever the Buyer’s belt scale or sampling equipment is out of operation. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all coal delivered and unloaded at Buyer’s Xxxxxxx County Generating Station, the unloaded weight for each Shipment, shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total of all Seller’s barges unloaded in this sequence, The assigned unloaded weight for each such Shipment shall be proportioned based upon Seller’s load weight for each barge and the total weight for all Seller’s barges unloaded in that sequence. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 Scales (whether Buyer’s or Seller’s) shall be operated in accordance with NIST Handbook 44. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversight. Seller shall have the right, at Seller’s expense and upon reasonable notice, to have the Buyer’s scales checked for accuracy at any reasonable time or frequency. If the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Buyer shall reimburse Seller for the expenses incurred in checking the accuracy of said scales. If the Seller’s scales are used for payment purposes and are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards (the “Tolerance”), then Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the percentage of variance identified for the scales from the Tolerance, plus the amount of the Tolerance. Buyer or Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred in checking the accuracy of said scales. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Contract No. J12004

Weights. Except as otherwise provided herein or if the parties agree otherwise, the weight of each coal Shipment delivered hereunder shall be determined for payment purposes (the “Payment Weight”) by Buyer on the basis of certified scale weights at the generating station. If Buyer’s belt scale is inoperable or if Buyer fails to obtain a sample of the coal for qualitative analysis upon unloading, the Seller’s loading weight shall be used for the relevant Shipment and the Seller’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller will be notified as soon as possible whenever the Buyer’s belt scale or sampling equipment is out of operation. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all coal delivered and unloaded at Buyer’s Xxxxxxx County Generating Station, the unloaded weight for each Shipment, shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 be recorded, on the basis of Buyer’s scale weights for the total of all Seller’s barges unloaded in this sequence, . The assigned unloaded weight for each such Shipment shall be proportioned based upon Seller’s load weight for each barge and the total weight for all Seller’s barges unloaded in that sequence. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 Scales (whether Buyer’s or Seller’s) shall be operated in accordance with NIST Handbook 44. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversight. Seller shall have the right, at Seller’s expense and upon reasonable notice, to have the Buyer’s scales checked for accuracy at any reasonable time or frequency. If the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Buyer shall reimburse Seller for the expenses incurred in checking the accuracy of said scales. If the Seller’s scales are used for payment purposes and are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards (the “Tolerance”), then Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the percentage of variance identified for the scales from the Tolerance, plus the amount of the Tolerance. Buyer or Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred in checking the accuracy of said scales. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Contract No. J12004J14004

Weights. Except as otherwise provided herein or if the parties agree otherwise, the weight of each coal Shipment delivered hereunder shall be determined for payment purposes (the “Payment Weight”) by Buyer on the basis of certified scale weights at the generating station. If Buyer’s belt scale is inoperable or if Buyer fails to obtain a sample of the coal for qualitative analysis upon unloading, the Seller’s loading weight shall be used for the relevant Shipment and the Seller’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller will be notified as soon as possible whenever the Buyer’s belt scale or sampling equipment is out of operation. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all coal delivered and unloaded at Buyer’s Xxxxxxx County Generating Station, the unloaded weight for each Shipment, shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total of all Seller’s barges unloaded in this sequence, The assigned unloaded weight for each such Shipment shall be proportioned based upon Seller’s load weight for each barge and the total weight for all Seller’s barges unloaded in that sequence. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 Scales (whether Buyer’s or Seller’s) shall be operated in accordance with NIST Handbook 44. Such scales shall be duly reviewed by an appropriate testing agency and XXXXXXXXX COAL COMPANY, INC. LG&E/KU Contract No. J12004 maintained in an accurate condition and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversight. Seller shall have the right, at Seller’s expense and upon reasonable notice, to have the Buyer’s scales checked for accuracy at any reasonable time or frequency. If the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Buyer shall reimburse Seller for the expenses incurred in checking the accuracy of said scales. If the Seller’s scales are used for payment purposes and are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards (the “Tolerance”), then Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the percentage of variance identified for the scales from the Tolerance, plus the amount of the Tolerance. Buyer or Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred in checking the accuracy of said scales. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Contract No. J12004.

Weights. Except Seller shall determine and transmit to Buyer loading weights on the basis of certified scales or barge draft weights at the loading point and qualitative analysis for each Shipment of coal, as quickly as possible. However, except as otherwise provided herein or if the parties agree otherwise, the weight of each coal Shipment delivered hereunder under this Agreement shall be determined for payment purposes (the “Payment Weight”) by Buyer Seller on the basis of certified scale weights at either the generating stationRail Delivery Point, or draft weights as calculated by a qualified person at the Barge Delivery Point or Seller’s certified truck scales at each shipping point to be applied to coal delivered to the Truck Delivery Point. Seller shall provide Buyer with a written copy of Seller’s drafting procedure. Seller shall notify Buyer of any requested changes to the drafting procedure, and gain Buyer’s approval prior to making any changes to the drafting procedure. Buyer shall have the right, at Buyer’s expense and upon reasonable notice, to have the draft survey checked for accuracy at any reasonable time or frequency. If Buyerthe draft survey is found to be over or under tolerance range allowable for the draft survey based on industry accepted standards, either party shall pay to the other any amounts owed due to such inaccuracy for a period not to exceed thirty (30) days before the time any inaccuracy of draft survey is determined. If Seller’s belt scale is inoperable or if Buyer Seller fails to obtain a sample of the coal for qualitative analysis upon unloadingloading, the SellerBuyer’s loading unloading weight shall be used for the relevant Shipment Shipment, and the SellerBuyer’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller Buyer will be notified as soon as possible whenever the BuyerSeller’s belt certified scale or sampling equipment is out of operation. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all coal delivered and unloaded at Buyer’s Xxxxxxx County Generating Station, the unloaded weight for each Shipment, shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total of all Seller’s barges unloaded in this sequence, . The assigned unloaded weight for each such Shipment shall be proportioned based upon Seller’s load weight for each barge and the total weight for all Seller’s barges unloaded in that sequence. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 Scales (whether Buyer’s or Seller’s) shall be operated in accordance with NIST Handbook 44. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversight. Seller shall have the right, at Seller’s expense and upon reasonable notice, to have the Buyer’s scales checked for accuracy at any reasonable time or frequency. If the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Buyer shall reimburse Seller for the expenses incurred in checking the accuracy of said scales. If the Seller’s scales are used for payment purposes and are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards (the “Tolerance”), then Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the percentage of variance identified for the scales from the Tolerance, plus the amount of the Tolerance. Buyer or Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred in checking the accuracy of said scales. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Contract No. J12004Handbook

Weights. Except Seller shall determine and transmit to Buyer loading weights on the basis of certified scales or barge draft weights at the loading point and qualitative analysis for each Shipment of coal, as quickly as possible. However, except as otherwise provided herein or if the parties agree otherwise, the weight of each coal Shipment delivered hereunder under this Agreement shall be determined for payment purposes (the “Payment Weight”) by Buyer Seller on the basis of certified scale weights at the generating stationBarge Delivery Point, or if drafting is necessary, draft weights are to be calculated by a third party (“Drafting Contractor”) at the Barge Delivery Point. Seller shall provide Buyer with a written copy of Seller’s drafting procedure. Seller shall notify Buyer of any requested changes to the drafting procedure, and gain Buyer’s approval prior to making any changes to the drafting procedure. Buyer shall have the right, at Buyer’s expense and upon reasonable notice, to have the draft survey checked for accuracy at any reasonable time or frequency. If Buyerthe draft survey is found to be over or under tolerance range allowable for the draft survey based on industry accepted standards, either party shall pay to the other any amounts owed due to such Peabody COALSALES, LLC LGE&E/KU Contract No. J23003 inaccuracy for a period not to exceed thirty (30) days before the time any inaccuracy of draft survey is determined. If Seller’s belt scale is inoperable or if Buyer Seller fails to obtain a sample of the coal for qualitative analysis upon unloadingloading, the SellerBuyer’s loading unloading weight shall be used for the relevant Shipment Shipment, and the SellerBuyer’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller Buyer will be notified as soon as possible whenever the BuyerSeller’s belt certified scale or sampling equipment is out of operation. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all coal delivered and unloaded at Buyer’s Xxxxxxx County Generating Station, the unloaded weight for each Shipment, shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total of all Seller’s barges unloaded in this sequence, . The assigned unloaded weight for each such Shipment shall be proportioned based upon Seller’s load weight for each barge and the total weight for all Seller’s barges unloaded in that sequence. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 Scales (whether Buyer’s or Seller’s) shall be operated in accordance with NIST Handbook 44. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversight. Seller shall have the right, at Seller’s expense and upon reasonable notice, to have the Buyer’s scales checked for accuracy at any reasonable time or frequency. If the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Buyer shall reimburse Seller for the expenses incurred in checking the accuracy of said scales. If the Seller’s scales are used for payment purposes and are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards (the “Tolerance”), then Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the percentage of variance identified for the scales from the Tolerance, plus the amount of the Tolerance. Buyer or Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred in checking the accuracy of said scales. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Contract No. J12004Handbook

Weights. Except as otherwise provided herein or if the parties agree otherwise, the weight of each coal Shipment delivered hereunder under this Agreement shall be determined for payment purposes (the “Payment Weight”) by Buyer Seller on the basis of certified belt scale (“Scale”) weights at the generating station. If Buyer’s belt scale is inoperable or if Buyer fails to obtain a sample of the coal for qualitative analysis upon unloading, the Seller’s loading weight shall be used for the relevant Shipment and the Seller’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller will be notified as soon as possible whenever the Buyer’s belt scale or sampling equipment is out of operationBarge Delivery Point. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all If Seller’s scale is inoperable, or if Seller fails to obtain a sample of the coal upon loading, Xxxxx’s unloading weight shall be used for the relevant Shipment. Buyer shall be notified as soon as possible whenever Seller’s scale or sampling equipment is out of operation, or when Seller fails to obtain a sample upon loading. In such cases, for coal delivered and unloaded at Buyer’s Xxxxxxx Trimble County Generating Station, the unloaded weight for each Shipment, Shipment shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total of all of Seller’s barges unloaded in this sequence, . The assigned unloaded weight for each such Shipment shall be proportioned based upon on Seller’s load weight for each barge and the total weight for all of Seller’s barges unloaded in that sequence. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 Scales (whether Buyer’s or Seller’s) shall be operated in accordance with NIST Handbook 44. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversight. Seller shall have the right, at Seller’s expense and upon reasonable notice, to have the Buyer’s scales checked for accuracy at any reasonable time or frequency. If the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Buyer shall reimburse Seller for the expenses incurred in checking the accuracy of said scales. If the Seller’s scales are used for payment purposes and are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards (the “Tolerance”), then Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the percentage of variance identified for the scales from the Tolerance, plus the amount of the Tolerance. Buyer or Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred in checking the accuracy of said scales. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Contract No. J12004Handbook

Weights. Except as otherwise provided herein or if the parties agree otherwise, the weight of each coal Shipment delivered hereunder shall be determined for payment purposes (the “Payment Weight”) by Buyer on the basis of certified scale weights at the Buyer’s generating station. If Buyer’s belt scale is inoperable or if Buyer fails to obtain a sample of the coal for qualitative analysis upon unloadingloading, the Seller’s loading weight shall be used for the relevant Shipment Shipment, and the Seller’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller will be notified as soon as possible whenever the Buyer’s belt scale or sampling equipment is out of operation. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possiblepossible after loading. For all coal delivered and unloaded at Buyer’s Xxxxxxx County Generating Station, the unloaded weight for each Shipment, shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total of all Seller’s barges unloaded in this sequence, The assigned unloaded weight for each such Shipment shall be proportioned based upon Seller’s load weight for each barge and the total weight for all Seller’s barges unloaded in that sequence. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 Scales (whether Buyer’s or Seller’s) shall be operated in accordance with NIST Handbook 44. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversight. Seller Either Party shall have the right, at Seller’s its expense and upon reasonable notice, to have the Buyerother Party’s scales checked for accuracy at any reasonable time or frequency. If the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 [***] days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, shall pay to the other such amounts owed as a result of the that recalculation, and Buyer shall reimburse Seller for the expenses incurred in checking the accuracy of said scales. HARTSHORNE MINING GROUP, LLC LG&E/KU XXXXXXXX Xx. X00000 If the Seller’s scales are used for payment purposes and are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards (the “Tolerance”), then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 [***] days) based on the percentage of variance identified for the scales from the Tolerance, plus the amount of the Tolerance. Buyer or Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred in checking the accuracy of said scales. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Contract No. J12004.

Weights. Except as otherwise provided herein or if All costs associated with weighing the parties agree otherwise, the Biomass Fuel shall be borne by Buyer. The weight of each coal Shipment the Biomass Fuel sold and delivered hereunder shall be determined for payment purposes (from Buyer's scales or scales approved by Buyer. Any scale used to measure the “Payment Weight”) by Buyer on the basis of certified scale weights at the generating station. If Buyer’s belt scale is inoperable or if Buyer fails to obtain a sample of the coal for qualitative analysis upon unloading, the Seller’s loading weight Biomass Fuel shall be used for the relevant Shipment maintained and the Seller’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller will be notified as soon as possible whenever the Buyer’s belt scale or sampling equipment is out of operation. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all coal delivered and unloaded at Buyer’s Xxxxxxx County Generating Station, the unloaded weight for each Shipment, shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total of all Seller’s barges unloaded in this sequence, The assigned unloaded weight for each such Shipment shall be proportioned based upon Seller’s load weight for each barge and the total weight for all Seller’s barges unloaded in that sequence. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 Scales (whether Buyer’s or Seller’s) shall be operated in accordance with NIST Handbook 44procedures acceptable to Seller and shall be professionally certified at intervals of no less than six (6) months to be in conformity with the most current, industry accepted Scale Handbook. Buyer shall give immediate notice by telephone to Seller if Buyer's weighing become inoperative or are discovered to be inaccurate. In the absence of scale weights from Buyer, Buyer and Seller will mutually agree upon the means of determining the weight of the Biomass Fuel sold, delivered and purchased hereunder. Such scales methods as may be mutually agreed upon shall not necessarily be the same as required under the tariff for payment of freight. A net weight will be determined and reported to Seller for each shipment of Biomass Fuel hereunder. The aggregate net weights determined during any payment period shall be duly reviewed by an appropriate testing agency accepted as the quantity of biomass fuel sold and maintained in an accurate condition purchased during such period for which invoices are to be rendered and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversightpayment to be made. Seller shall have the right, at Seller’s expense and upon reasonable notice, right to have the Buyer’s scales checked for accuracy a representative present at any reasonable time or frequencyand all times to observe the determination of weights. If Seller should at any time question the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, shall pay to the other such amounts owed as a result accuracy of the recalculationweights, Seller shall so advise Buyer and Buyer shall reimburse Seller for permit Seller's representative to test Buyer's weighing devices or methods. In the expenses incurred in checking the accuracy of said scales. If the Seller’s scales event Buyer's weighing devices or methods are used for payment purposes and are found determined to be over or under the tolerance range allowable for the scale based on industry-accepted standards in error, within thirty (the “Tolerance”)30) days thereafter, then Buyer shall recalculate advise Seller of the payments for coal weighed on those scales for amount and the estimated duration of the error. Buyer shall make adjustments to the affected invoices so that the weight is paid by Buyer as if there had been no error in Buyer's weighing devices. In the event Buyer cannot establish the amount and duration of the error, the Parties shall determine the number of tons and average BTU content of each shipment invoiced during the last half of the period of inaccuracy (not to exceed 30 days) based on since the percentage of variance identified for the scales from the Tolerance, plus the amount most recent calibration of the Toleranceweighing device. Buyer or SellerShould the Parties be unable to agree on this determination, as applicable, it shall pay to the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred be resolved in checking the accuracy of said scales. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Contract No. J12004accordance with Section 17.

Weights. Except as otherwise provided herein or if the parties agree otherwise, the weight of each coal Shipment delivered hereunder under this Agreement shall be determined for payment purposes (the “Payment Weight”) by Buyer Seller on the basis of an allocated barge weight (“Allocated Weight”, as defined herein) using a combination of (a) test-chain calibrated and material tested, as set forth below, certified belt scale (“Scale”) weights at the generating stationBarge Delivery Point and (b) barge draft survey (“Drafting”) weights as calculated by a qualified person at the Barge Delivery Point. If BuyerThe Allocated Weight for each barge Shipment within a barge loading sequence shall be determined as the product of (a) the total Scale weight for each set of barge Shipments loaded in such barge loading sequence, multiplied by (b) the percentage represented by (i) each individual barge Shipment’s belt scale is inoperable or if Buyer fails Drafting weight relative to obtain (ii) the sum total of Drafting weights of all barge Shipments within such barge loading sequence. Schedule 2 attached herein shows a sample of calculation methodology for calculating the coal Allocated Weight for qualitative analysis upon unloading, the Seller’s each barge Shipment with within a barge loading weight shall be used for the relevant Shipment and the Seller’s analysis shall be the analysis used in determining the payment for the relevant Shipment (the “Payment Analysis”). Seller will be notified as soon as possible whenever the Buyer’s belt scale or sampling equipment is out of operationsequence. Seller will transmit its loading weights and qualitative analysis for the relevant Shipment to Buyer as soon as possible. For all If Seller’s scale is inoperable or if Seller’s Drafting contractor fails to obtain the necessary drafting data points, or if Seller fails to obtain a sample of the coal upon loading, Buyer’s unloading weight shall be used for the relevant Shipment. Buyer shall be notified as soon as possible whenever Seller’s scale or sampling equipment is out of operation, or when Seller’s Drafting contractor fails to obtain the necessary drafting data points, or when Seller fails to obtain a sample upon loading. In such cases, for coal delivered and unloaded at Buyer’s Xxxxxxx County Generating Station, the unloaded weight for each Shipment, Shipment shall be determined using a barge lot weighing method. If more than one (1) of Seller’s barges are unloaded sequentially, an actual unloaded weight shall be recorded, on the basis of Buyer’s scale weights for the total of all of Seller’s barges unloaded in this sequence, . The assigned unloaded weight for each such Shipment shall be proportioned based upon on Seller’s load weight for each barge and the total weight for all of Seller’s barges unloaded in that sequence. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Xxxxxxxx Xx. X00000 Scales (whether Buyer’s or Seller’s) shall be operated in accordance with NIST Handbook 44. Such scales shall be duly reviewed by an appropriate testing agency and maintained in an accurate condition and certified (i.e. material tested) at least annually in accordance with NIST Handbook 44 with a third party oversight. Seller shall have the right, at Seller’s expense and upon reasonable notice, to have the Buyer’s scales checked for accuracy at any reasonable time or frequency. If the Buyer’s scales are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards, then the Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the weights for such coal provided by Seller. Buyer or the Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Buyer shall reimburse Seller for the expenses incurred in checking the accuracy of said scales. If the Seller’s scales are used for payment purposes and are found to be over or under the tolerance range allowable for the scale based on industry-accepted standards (the “Tolerance”), then Buyer shall recalculate the payments for coal weighed on those scales for the period of inaccuracy (not to exceed 30 days) based on the percentage of variance identified for the scales from the Tolerance, plus the amount of the Tolerance. Buyer or Seller, as applicable, shall pay to the other such amounts owed as a result of the recalculation, and Seller shall reimburse Buyer for the expenses incurred in checking the accuracy of said scales. XXXXXXXXX COAL COMPANY, INC. LG&E/KU Contract No. J12004Handbook