Re: Coal Purchase and Sale Agreement No. 10-62-04-900, dated as of May 21, 2004, as amended, between American Electric Power Service Corporation, as agent for Columbus Southern Power Company (“Buyer”), and Oxford Mining Company, Inc. (“Seller”)...
Exhibit 10.17I
[*] Certain information in this document has been omitted and filed separately with the Securities
and Exchange Commission. Confidential treatment has been requested
with respect to the omitted portions.
[AEP Letterhead]
Oxford Mining Company, LLC
000 Xxxxxxxx Xxxxxx
X.X. Xxx 000
Xxxxxxxxx, XX 00000
000 Xxxxxxxx Xxxxxx
X.X. Xxx 000
Xxxxxxxxx, XX 00000
Attention: Xxxxxx Xxxxxxxx — Supervisor, Commercial Analysis
January 11, 2010
Re:
|
Coal Purchase and Sale Agreement No. 00-00-00-000, dated | |
as of May 21, 2004, as amended, between American Electric | ||
Power Service Corporation, as agent for Columbus Southern | ||
Power Company (“Buyer”), and Oxford Mining Company, Inc. (“Seller”) | ||
Amendment Xx. 0000-0 |
Xxxxxxxxx:
Reference is made to the above referenced Coal Purchase and Sale Agreement, as amended, (the
“Agreement”) under which Seller is supplying coal to Buyer and to Seller’s letter dated December
17, 2009 notifying Buyer of change in Seller’s address.
Effective January 1, 2010, Buyer and Seller agree to amend the Agreement as follows:
1) | The fourth paragraph in Section 2.1, Contract Quantity, of Article II, Obligations and Deliveries, shall be deleted and replaced with the following in lieu thereof: | |
Through November 2008, there was a tonnage shortfall of [ * ] Tons (inclusive of [ * ] force majeure Tons claimed by Seller during Contract [ * ]). The shortfall has subsequently been reduced by [ * ] tons delivered by Seller in the months of January, February, and October 2009. The parties have agreed to an additional shortfall tonnage reduction in 2009, for a remaining shortfall total of [ * ] Tons. Buyer shall have the right to increase deliveries in any month(s) by up to [ * ] Tons per month with thirty (30) days prior written notice until such time as the [ * ] Tons have been delivered. The Contract Price to be paid for such Coal shall be the Contract Price in effect when delivered. | ||
2) | In accordance with Article XXVI, NOTICES, Seller’s address shall be amended as follows: | |
For Notices: If to Seller: Attn: Xx. Xxxxxx Xxxxxxxx, Supervisor, Commercial Analysis Oxford Mining, LLC 000 Xxxxxxxx Xxxxxx X. X. Xxx 000 Xxxxxxxxx, XX 00000 Phone: 000-000-0000 Fax: 000-000-0000 |
Oxford Mining Company, LLC
Amendment No. 2010-1
Page 2
Amendment No. 2010-1
Page 2
By USPS mail — a copy to:
|
By UPS or FEDX overnight mail — a copy to: | |
Xxxxxxx X. Xxxxxx
|
Xxxxxxx X. Xxxxxx | |
Eagle Fuels, Inc.
|
Eagle Fuels, Inc. | |
P. X. Xxx 000
|
Xxxxx 000 | |
Xxxxx, XX 00000
|
000 Xxxx Xxxx Xx. | |
Phone: 000-000-0000 Fax: 000-000-0000
|
Xxxxxxxx, XX 00000 |
Except as amended herein, all other provisions of the Agreement shall remain in full force and
effect. If you are in agreement with the foregoing, kindly indicate your acceptance thereof by
signing the enclosed duplicate of this letter in the space provided and by returning it to the
notice address provided in the Agreement.
Very truly yours,
/s/ Xxxxx X. Xxxxx
Xxxxx X. Xxxxx
Vice President — Fuel Procurement East,
as Agent for Columbus Southern Power Company
Vice President — Fuel Procurement East,
as Agent for Columbus Southern Power Company
Acceptance
Date: 1/19/10 |
||
Oxford Mining Company, LLC |
||
/s/
Xxxxx
Xxxxxxxx
|
||
Signature |
||
Xxxxx
Xxxxxxxx
|
||
Name (Print) |
||
President
& CEO
|
||
Title |
||
xc: W. E. Xxxxxx — Eagle Fuels, Inc. |
[*] Certain information in this document has been omitted and filed separately with the Securities
and Exchange Commission. Confidential treatment has been requested
with respect to the omitted portions.