0000106455-05-000069 Sample Contracts

Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. TEXAS GENCO II, LP
Lignite Supply Agreement • November 9th, 2005 • Westmoreland Coal Co • Bituminous coal & lignite surface mining • Texas

Reference 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

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