AMENDMENT NUMBER NINE
TO COAL SALES AGREEMENT
among
SAN XXXX COAL COMPANY, PUBLIC SERVICE COMPANY OF NEW MEXICO
and
TUCSON ELECTRIC POWER COMPANY
December 31, 1995
AMENDMENT NUMBER NINE
TO COAL SALES AGREEMENT
This Amendment Number Nine to Coal Sales Agreement is executed as of
the 31st day of December, 1995, by and among SAN XXXX COAL COMPANY, a Delaware
corporation ("SJCC"), and PUBLIC SERVICE COMPANY OF NEW MEXICO, a New Mexico
corporation ("PNM") and TUCSON ELECTRIC POWER COMPANY, an Arizona corporation
("TEP") (collectively, the "Utilities").
RECITALS
--------
A. SJCC and the utilities are parties to that certain Coal Sales
Agreement, dated August 19, 1990, as amended (as so amended, the "Coal Sales
Agreement").
B. The Coal Sales Agreement at Paragraph 5.2 as amended contemplates
that no later than December 31, 1995, an appropriate amendment thereto will be
executed to provide for delivered ash limits with respect to coal from the La
Plata leases.
C. SJCC and the utilities have agreed to extend the date by which said
amendment must be executed and wish to set forth said agreement and certain
related matters in this Amendment Number Nine to Coal Sales Agreement.
AGREEMENT
---------
In consideration of the mutual covenants and agreements contained
herein, the parties hereby amend the Coal Sales Agreement as follows:
1. The date "December 31, 1995," appearing in paragraph 5.2 of the
Coal Sales Agreement (as amended) is hereby deleted, and the date "December 31,
1999" is inserted in place thereof.
2. This Amendment Number Nine to Coal Sales Agreement may be executed
in several counterparts, each of which shall be an original and all of which
shall constitute but one and the same instrument.
3. Except as expressly amended hereby, the Coal Sales Agreement and
all prior amendments are in all respects hereby confirmed and ratified.
IN WITNESS WHEREOF, this Amendment Number Nine to Coal Sales
Agreement has been executed as of the day and year first set forth above.
SAN XXXX COAL COMPANY, a
Delaware Corporation
Attest:
By:
---------------------
Its: Senior Vice President
------------------------ ---------------------
Secretary
-2-
PUBLIC SERVICE COMPANY OF NEW
Mexico, a New Mexico
corporation
By:
-------------------------
Its:
--------------------
TUCSON ELECTRIC POWER COMPANY,
an Arizona corporation
By:
-------------------------
Its:
--------------------
-3-
CONSENT OF GUARANTOR
--------------------
BHP Minerals International Inc., a Delaware corporations (formerly
BHP-Utah International Inc.). the guarantor of the obligations of SJCC under the
Coal Sales Agreement pursuant to guaranty dated August 18, 1990 (the
"Guaranty"), hereby consents to the foregoing Amendment Number Nine to Coal
Sales Agreement and agrees that all references in the Guaranty to the Coal Sales
Agreement shall be deemed to be references to the Coal Sales Agreement as
amended by all prior amendments thereto and by Amendment Number Nine to Coal
Sales Agreement, dated December 31, 1995.
BHP MINERALS INTERNATIONAL INC.
Attest:
By:
--------------------- ---------------------------
Secretary Group General Manager and
Senior Vice President, New
Mexico operations
