0001104659-04-024704 Sample Contracts

TERMINATION AND RELEASE AGREEMENT
Termination and Release Agreement • August 16th, 2004 • Aquila Inc • Electric services • Nebraska

TERMINATION AND RELEASE AGREEMENT, dated as of August 13, 2004 (this “Termination Agreement”), among Aquila Merchant Services, Inc. (as successor to Aquila Energy Marketing Company), a Delaware corporation (“AMS”), Aquila, Inc. (formerly known as UtiliCorp United Inc.), a Delaware corporation (“ILA” and together with AMS, “Aquila”), and the American Public Energy Agency, political subdivision of the State of Nebraska (“APEA”). Capitalized terms used herein and not otherwise defined are used as defined in the Agreements (as defined below).

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