Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. TEXAS GENCO II, LPLignite Supply Agreement • November 9th, 2005 • Westmoreland Coal Co • Bituminous coal & lignite surface mining • Texas
Contract Type FiledNovember 9th, 2005 Company Industry JurisdictionReference is made to that certain Lignite Supply Agreement, dated as of August 29, 1979 (the “Original LSA”), between Texas Westmoreland Coal Co. (f/k/a Northwestern Resources Co.) (“TWCC”) and Texas Genco II, LP (party to the agreement as a result of its merger with Texas Genco, LP (successor to Utility Fuels, Inc.)) (“Texas Genco”), as modified by: (i) that certain Construction and Operation Agreement, dated December 17, 1985 (the “C&O Agreement”); (ii) that certain Settlement Agreement and Amendment of Existing Contracts, dated August 2, 1999 (the “1999 Settlement Agreement”); (iii) that certain Letter Agreement, dated June 18, 2002 (the “2002 Supplemental Agreement”); (iv) that certain Supplemental Settlement Agreement, dated January 30, 2004 (the “2004 Supplemental Agreement”); (v) that certain Letter Agreement dated March 11, 2005 (the “Surcharge Agreement”); and (vi) that certain Letter Agreement dated July 26, 2005 (the “Interim Agreement” and collectively with the Original LSA