CONFIDENTIAL PORTIONS OMITTED
Exhibit 10.3
X.X. Xxxxx Coal Supply Agreement Amendment No. 2
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LEGEND:
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[**] REPRESENTS CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT
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This Amendment to the January 1, 2009 X.X. Xxxxx Coal Supply Agreements between Vectren Fuels (VF), Inc. and Vectren Power Supply (VPS) evidences as follows:
1. With respect to the purchase of 410,000 tons of coal under the Xxxxx 2 Contract in 2012, section 4.1 of the Contract is amended to provide that VPS will purchase 85% of the contract volume (348,000 tons) at an FOB Mine Price of [**].
2. With respect to the Xxxxx 1 Contract, the following amendments have been made:
(a) Under section 3.1 of the contract, in 2012 VPS shall purchase monthly incremental requirements in a quantity it shall determine and communicate to VF thirty (30) days in advance of the delivery month, with no commitment to procure any coal in 2012; in 2013 and 2014 VPS shall purchase 600,000 tons of coal from VPS; all other terms of section 3.1 including the 15% tonnage option shall remain effective;
(b) Under section 4.1, the FOB Mine prices for 2012, 2013 and 2014 are [**].
(c) Section 1.1 is amended to provide that the source of the coal shall be the Oaktown Mine, unless the parties mutually agree to an alternative source; and
(d) Exhibit A is amended to provide for a monthly weighted average of chlorine of .10% and .06ug/g of mercury. To the extent coal is shipped in excess of this specification, VPS may reject such shipments.
3. No other terms of the Xxxxx 1 and Xxxxx 2 Contracts have been modified by this Amendment.
WHEREFORE, the parties have caused this Amendment to be effective as of October 31, 2011.
Vectren Power Supply
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Vectren Fuels
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By
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Xxxxx Games
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By
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Xxxxx X. Xxxx
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Its
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VP β Power Supply
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Its
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President
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