Common use of Bituminous Coal Clause in Contracts

Bituminous Coal. The annual average cost of bituminous coal (for purposes of the Base Escalator) shall be based on the Form 423 reports filed with FERC by the coal-fired plants identified in Exhibit F reporting the annual average cost of bituminous coal used by such plants. For purposes of this Agreement "bituminous coal" shall mean bituminous coal with the following quality specifications: Bituminous Coal Parameter As Received Ranges ------------------------- ------------------ Heating Value, Btu/Lb [_ _ _ _] Ash Content, % [_ _ _ _] Sulfur Content, % [_ _ _ _] Mine Source (States) Maryland, West Virginia, Virginia, Pennsylvania, Kentucky (e) Exhibit F shall be added to the Coal Supply Agreement, in the form of Exhibit F attached to this Second Amendment. 2. The parties may execute this Second Amendment in counterparts, which shall, in the aggregate, when signed by both parties constitute one and the same instrument. Each counterpart shall be deemed an original as against any party that has executed that counterpart.