EX-10(z)
MCNIC Pipeline & Processing Company
000 Xxxx Xxxxxxxxx Xxxxxx
Xxxxx 0000
Xxxxxxx, Xxxxxxxx 00000
30 October, 1998
VIA FACSIMILE
(000) 000-0000 and
FEDERAL EXPRESS
Xx. Xxxx Xxx, Xx.
Xxxxx Mining, L.L.C.
0000 Xxxxx Xxx Xxxxxx
Xxxxx 000
Xxxxxxxx Xxxx, Xxxxxxxx 00000
Re: Amendment to Coal Fines Extraction and Beneficiation Agreement among CRC
Xx. 0 XXX, XXX Xx. 0 XXX, XXX Xx. 0 XXX, XXX Xx. 0 XXX, XXX No. 5 LLC
and CRC No. 6 LLC and Xxxxx Mining, L.L.C.
Dear Xx. Xxx:
When fully executed by the parties, this letter agreement shall reflect
our agreement regarding amending Section 8.1 of the Coal Fines Extraction
and Beneficiation Agreement (the "Agreement") among CRC Xx. 0 XXX, XXX Xx.
0 XXX, XXX Xx. 0 XXX, XXX Xx. 0 XXX, XXX No. 5 LLC and CRC No. 6 LLC and
Xxxxx Mining, L.L.C. The parties agree that Section 8.1 of the Agreement
is to be replaced in its entirety with the following language effective
October 30, 1998:
8.1 Term. Unless sooner terminated as provided herein, the
term of this Agreement shall commence on the effective date
of this Agreement and shall expire on December 31, 1998 (the
"Initial Term"). After the expiration of the Initial Term,
this Agreement may be terminated without cause by either party
upon thirty days written notice to the other.
If the above accurately sets forth our agreement, please execute two copies
of this letter agreement where indicated below and return one copy to the
undersigned.
CRC No. 1 LLC
CRC Xx. 0 XXX
XXX Xx. 0 XXX
XXX Xx. 0 LLC
CRC No. 5 LLC
CRC No. 6 LLC
XXXXX XXXXXXXXXX
Xxxxx Xxxxxxxxxx, Chairman
Agreed to and accepted this 30th day of October 1998.
Xxxxx Mining, L.L.C.
By: Xxxxx Technologies, Inc., an Oklahoma
Corporation, Member and Manager
XXXX XXX, XX.
Xxxx Xxx, Xx.
Member Xxxx Xxx, Xx., Vice President
cc: Xxxxxxx Xxxxxxx
X.X. Xxxx
Xxxxx Xxxxxxxxxx, Esq.