AMENDMENT TO COAL SUPPLY AGREEMENT
The undersigned, being the parties to the Coal Supply Agreement dated
April 1, 1995 (the "Agreement"), hereby agree to amend the Agreement, effective
October 1, 1996, as follows:
1. Island Creek Coal Company, a Delaware corporation, and Laurel Run
Mining Company, a Virginia corporation, are added to the Agreement as additional
parties within the group of parties collectively called "Seller" therein. Island
Creek Coal Company and Laurel Run Mining Company have executed this Amendment to
indicate their agreement to such addition.
2. Section II.2 of the Agreement is amended to read as follows:
"2. In accordance with and subject to all terms, provisions and
conditions herein, during the term hereof, Seller shall sell and ship to KU, and
KU shall purchase, receive and pay for, a Base Quantity of 3,360,000 tons of
coal. This Base Quantity shall be sold, purchased and delivered in the
quantities set forth below in subparagraph (a), as ratable on a monthly basis as
possible.
(a) During the term, the quantities of coal to be sold, purchased
and delivered hereunder shall be as follows:
_________Period_________ _________Base Quantity_________
April 1, 1995 through 420,000 tons (35,000 tons per month)
March 31, 1996
April 1, 1996 through 210,000 tons (35,000 tons per month)
September 30, 1996
October 1, 1996 through 390,000 tons (65,000 tons per month)
March 31, 1997
April 1, 1997 through 780,000 tons (65,000 tons per month)
March 31, 1998
April 1, 1998 through 780,000 tons (65,000 tons per month)
March 31, 1999
April 1, 1999 through 780,000 tons (65,000 tons per month)
Xxxxx 00, 0000
(x) On or before March 1, June 1, September 1 and December 1 of each
contract year, KU may give Seller notice in writing that KU elects
to increase or decrease the tons of coal to be sold, purchased and
delivered hereunder during the next Contract Quarter (April 1, July
1, October 1, and January 1), by an amount, up to 19,500 tons.
(c) Seller shall cooperate with KU in the scheduling of the loading of
barges so that the delivery of coal from Seller may be coordinated
with other barge deliveries to the Ghent Generating Station."
3. Section III.1 of the Agreement is amended to read as follows: ".
1. The primary source of coal to supply the requirements of this
Agreement shall be the Xxxxxxxxx Mine and XxXxxxx Mine in Xxxxxxxx County, West
Virginia. As necessary to comply with the quality requirements of this
Agreement, Seller may blend with coal from such primary sources, coal from
Seller's Xxxxxxxx, Mahoning Valley, Xxxxxx, Xxxxx Fork, VP#3, VP#8, Xxxxxxxx
and/or Twin Branch Mines. Seller may substitute comparable quality coal from
other reserves that Seller controls now or in the future so long as such coal
(a) is delivered to KU at no greater delivered cost per million BTU including
taxes, (b) is of a quality and in conformity with the Specifications set forth
in Section IV, and (c) prior written approval for such substitution has been
obtained from KU."
4. Except as specifically amended herein, all terms and conditions of the
Agreement remain in full force and effect.
2
WITNESS the signatures of the parties, as of October 14, 1997.
CONSOLIDATION COAL COMPANY
QUARTO MINING COMPANY
XxXXXXX COAL COMPANY
CONSOL PENNSYLVANIA COAL COMPANY
GREENON COAL COMPANY
NINEVEH COAL COMPANY
ISLAND CREEK COAL COMPANY
LAUREL RUN MINING COMPANY
By: /s/ signed
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Vice President, CONSOL Inc.
Attorney in Fact
KENTUCKY UTILITIES COMPANY
By: /s/ Xxxxxxx X. Xxxxxxx /s/ WTL
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Its: President & CEO
