Common Contracts

OPERATING AGREEMENT OF WESTMORELAND ENERGY, LLC

Operating Agreement • June 3rd, 2011 • Westmoreland Energy LLC • Bituminous coal & lignite surface mining • Delaware

• Contract Type
  Operating Agreement
• Filed
  June 3rd, 2011
• Company
  Westmoreland Energy LLC
• Industry
  Bituminous coal & lignite surface mining
• Jurisdiction
  Delaware

This Operating Agreement, dated effective as of January 1,2008 (the “Operating Agreement”) is made by Westmoreland Coal Company, a Delaware corporation (the “Initial Member”), as the sole member of Westmoreland Energy, LLC, a Delaware limited liability company (the “Company”), to set forth the terms and conditions on which the management, business and financial affairs of the Company shall be conducted.

OPERATING AGREEMENT OF WESTMORELAND-NORTH CAROLINA POWER, L.L.C.

Operating Agreement • June 3rd, 2011 • Westmoreland Energy LLC • Bituminous coal & lignite surface mining • Virginia

• Contract Type
  Operating Agreement
• Filed
  June 3rd, 2011
• Company
  Westmoreland Energy LLC
• Industry
  Bituminous coal & lignite surface mining
• Jurisdiction
  Virginia

This Operating Agreement, dated as of March 29, 2006 (the “Operating Agreement”) is made by Westmoreland Energy, LLC, a Delaware limited liability company (the “Initial Member”), as the sole member of Westmoreland -North Carolina Power, L.L.C., a Virginia limited liability company (the “Company”), to set forth the terms and conditions on which the management, business and financial affairs of the Company shall be conducted.