0001047469-04-036126 Sample Contracts

OPERATING AGREEMENT OF RIVERTON CAPITAL VENTURES II LIMITED LIABILITY COMPANY
Operating Agreement • December 3rd, 2004 • Delta Mine Holding CO • West Virginia

THIS OPERATING AGREEMENT, dated as of the 27th day of December, 1995, by and among the undersigned parties, who by their execution of this Operating Agreement have become members of RIVERTON CAPITAL VENTURES II, LIMITED LIABILITY COMPANY, a West Virginia limited liability company (the "Company"), provides as follows:

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AGREEMENT OF LIMITED PARTNERSHIP OF COAL GAS RECOVERY, LP
Limited Partnership Agreement • December 3rd, 2004 • Delta Mine Holding CO • Delaware

This Agreement of Limited Partnership of COAL GAS RECOVERY, LP (this "Agreement") is made and entered into effective as of the 1st day of October, 2002, by and between Pennsylvania Services Corporation, a Delaware corporation, as general partner (the "General Partner") and RAG Pennsylvania Coal Holding Company, a Delaware corporation, as limited partner (the "Limited Partner") (the General Partner and Limited Partner are referred to collectively as the "Partners").

AMENDMENT #1 AGREEMENT OF LIMITED PARTNERSHIP OF RAG CUMBERLAND RESOURCES, LP
Agreement of Limited Partnership • December 3rd, 2004 • Delta Mine Holding CO • Delaware

This Amendment #1 (this "Amendment") to Agreement of Limited Partnership of RAG Cumberland Resources, LP dated December 31, 1999 (the "Agreement"), is made and entered into effective as of the 1st day of April, 2003, by and between Pennsylvania Services Corporation, a Delaware corporation, as general partner (the "General Partner") and RAG Pennsylvania Coal Holding Company, a Delaware corporation, successor by merger to RAG Cumberland Resources Corporation, as limited partner (the "Limited Partner") (the General Partner and Limited Partner are referred to collectively as the "Partners"). Capitalized terms used herein and not otherwise defined shall have the meaning as defined in the Agreement.

CERTIFICATE OF INCORPORATION OF PIONEER FUEL CORPORATION DATED June 21, 1974
Certificate of Incorporation • December 3rd, 2004 • Delta Mine Holding CO

I, EDGAR F. HEISKELL III, Secretary of State of the State of West Virginia, hereby certify that an Agreement, duly acknowledged, has been this day filed in my office, which agreement is in words and figures following:

OPERATING AGREEMENT OF RAG AMERICAN COAL COMPANY LLC (nka Foundation American Coal Company, LLC) A Delaware Limited Liability Company Sole Member RAG American Coal Holding, Inc. (nka Foundation American Coal Holding, Inc.)
Operating Agreement • December 3rd, 2004 • Delta Mine Holding CO • Delaware

THIS OPERATING AGREEMENT (this "Agreement") is made effective the 10th day of March, 2004 by RAG American Coal Holding, Inc., a Delaware corporation having its principal place of business at 999 Corporate Boulevard, Linthicum Heights, MD 21090 (hereinafter referred to as "RACH" or the "Member").

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