0001104659-19-056036 Sample Contracts

AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • October 24th, 2019 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining • Colorado

This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Agreement”) is made effective as of October 24, 2019 (the “Effective Date”) by and among Cloud Peak Energy Inc., a Delaware corporation (the “Company”) and Heath Hill (the “Executive”).

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TRANSITION SERVICES AGREEMENT
Transition Services Agreement • October 24th, 2019 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining

This TRANSITION SERVICES AGREEMENT, dated as of October 24, 2019 (this “Agreement”), is by and among Navajo Transitional Energy Company, LLC, a Navajo Nation limited liability company (“Purchaser”), Cloud Peak Energy Inc., a Delaware corporation (the “Company” or the “Seller”, and collectively with each Additional Seller, the “Sellers”). The Service Recipient (as defined below) and the Service Provider (as defined below) are sometimes hereinafter individually referred to as a “Party” and collectively as the “Parties.” Capitalized but undefined terms used herein shall have the meaning ascribed to them in the Asset Purchase Agreement, dated as of August 19, 2019, between the Purchaser and the Sellers (as such agreement may be amended from time to time, the “Purchase Agreement”).

TERM ROYALTY AGREEMENT
Term Royalty Agreement • October 24th, 2019 • Cloud Peak Energy Inc. • Bituminous coal & lignite surface mining • New York

THIS TERM ROYALTY AGREEMENT (this “Agreement”) is made and entered into this 24th day of October, 2019 (the “Effective Date”) by and between Navajo Transitional Energy Company, LLC, a limited liability company formed under the laws of the Navajo Nation and having a mailing address of 4801 N. Butler Ave., Bldg. 200, Farmington, New Mexico 87401 (“NTEC” or “Payor”), to Cloud Peak Energy Resources LLC, a limited liability company formed under the laws of Delaware and having a mailing address of 385 Interlocken Crescent, Suite 400, Broomfield, Colorado 80021 (“Payee”). Payor and Payee may be collectively referred to herein as the “Parties” or individually as a “Party.”

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