PROGRAM MANAGEMENT AGREEMENT EVERGREEN ENERGY INC. AND BECHTEL POWER CORPORATIONEvergreen Energy Inc • March 24th, 2008 • Bituminous coal & lignite surface mining • New York
Company FiledMarch 24th, 2008 Industry JurisdictionTHIS PROGRAM MANAGEMENT AGREEMENT (AMENDS AND RESTATES THE PREVIOUS "UMBRELLA AGREEMENT" DATED FEBRUARY 15, 2007 WHICH IS HEREBY TERMINATED AND HAS NO FURTHER EFFECT) (this "Agreement") is made and entered into as of September 19, 2007 (the "Effective Date") by and among Evergreen Energy Inc., a Delaware corporation, having an office and place of business at 1225 17th Street Suite 1300, Denver, Colorado, 80202 ("Evergreen"), and Bechtel Power Corporation, a Nevada corporation having an office and place of business at 5275 Westview Drive, Frederick, MD 21703-8306 (hereinafter "Bechtel"). Evergreen and Bechtel may be referred to herein individually as a "party" and collectively as the "parties".