PURCHASE AND SALE AGREEMENT by and between DUKE ENERGY NORTH AMERICA, LLC, as Seller, and PNM RESOURCES, INC., PHELPS DODGE ENERGY SERVICES, LLC and TUCSON ELECTRIC POWER COMPANY, as Purchasers dated as of November 12, 2004 DEMING ENERGY FACILITY Luna...Purchase and Sale Agreement • March 2nd, 2005 • Public Service Co of New Mexico • Electric & other services combined • New York
THIS PURCHASE AND SALE AGREEMENT dated as of November 12, 2004 is made and entered into by and between DUKE ENERGY NORTH AMERICA, LLC, a limited liability company formed under the Laws of the State of Delaware ("Seller"), and PNM RESOURCES, INC., a New Mexico corporation ("PNMR"), PHELPS DODGE ENERGY SERVICES, LLC, a Delaware limited liability company ("PDES"), and TUCSON ELECTRIC POWER COMPANY, an Arizona corporation ("TEP"; each of PNMR, PDES and TEP individually a "Purchaser," and collectively the "Purchasers").
