0001104659-07-083868 Sample Contracts

UNDERWRITING AGREEMENT (Common Stock)
Underwriting Agreement • November 16th, 2007 • Westar Energy Inc /Ks • Electric & other services combined • New York

From time to time, Westar Energy, Inc., a Kansas corporation (the “Company”), may enter into one or more underwriting agreements that provide for the sale of designated securities by the Company or certain third-party financial institutions to the several underwriters named therein. The standard provisions set forth herein may be incorporated by reference in any such underwriting agreement (an “Underwriting Agreement”). The Underwriting Agreement, including the provisions incorporated therein by reference, is herein referred to as this Agreement. Terms defined in the Underwriting Agreement are used herein as therein defined.

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Confirmation of Forward Stock Sale Transaction
Confirmation of Forward Stock Sale Transaction • November 16th, 2007 • Westar Energy Inc /Ks • Electric & other services combined

The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the Transaction entered into between UBS AG, London Branch (“Party A” or “UBS”) and Westar Energy, Inc. (“Party B”) on the Trade Date specified below (the “Transaction”). This confirmation constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below.

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