November 30, 2007
Exhibit
10.1.40
November 30, 2007
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Xxxxxx
Xxxxxxx, Esq.
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Xxxxxxxxxxx
Xxxxx, Esq.
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Black
Hills Corporation
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Aquila,
Inc.
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000
Xxxxx Xxxxxx
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00
Xxxx Xxxxx Xxxxxx
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Xxxxx
Xxxx, XX 00000
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Xxxxxx
Xxxx, XX 00000
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Re:
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Partnership
Interests Purchase Agreement and Asset Purchase Agreement (collectively,
the "Agreements") by and among Aquila, Inc. ("Aquila"), Black Hills
Corporation ("Black Hills"), Great Plains Energy Incorporated ("Great
Plains") and Xxxxxxx Acquisition Corp.
("Xxxxxxx")
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Dear
Xxxxx and Xxxxx:
Under the
terms of the Agreements, as modified by those certain letters dated as of June
29, 2007, August 31, 2007, and September 28, 2007, Black Hills, Aquila and Great
Plains are to attach schedules setting forth Retained Agreements and Shared
Agreements prior to November 30, 2007. We recognize that this
deadline may be implausible and therefore propose extending the date set forth
under section 2.2(1) and 8.5(d) of the Agreements to January 31,
2008.
If you
are in agreement, please sign below on the attached signature page where
indicated and return a copy of this letter to me by fax or e-mail.
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Very
truly yours,
Great
Plains Energy Incorporated
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By: /s/
Xxxx X. English
Name:
Xxxx X. English
Title: General
Counsel
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ACKNOWLEDGED,
CONSENTED TO, AND ACCEPTED BY:
BLACK
HILLS CORPORATION
By: /s/
Xxxxxx Xxxxxxx
Name: Xxxxxx
X. Xxxxxxx
Title: SVP
and General Counsel
AQUILA,
INC.
By: /s/
Xxxxx Xxxxx
Name: Xxxxx
Xxxxx
Title: General
Counsel & Corp. Secretary
XXXXXXX
ACQUISITION CORP.
By: /s/
Xxxx X. English
Name: Xxxx
X. English
Title: Secretary
and Treasurer
