0001108426-08-000032 Sample Contracts

AMENDMENT FIVE TO UNDERGROUND COAL SALES AGREEMENT
Sales Agreement • February 29th, 2008 • Public Service Co of New Mexico • Electric & other services combined

THIS AMENDMENT FIVE TO UNDERGROUND COAL SALES AGREEMENT (“Amendment Five”), by and between SAN JUAN COAL COMPANY, a Delaware corporation (referred to herein as “SJCC”) and PUBLIC SERVICE COMPANY OF NEW MEXICO, a New Mexico corporation, and TUCSON ELECTRIC POWER COMPANY, an Arizona corporation (collectively referred to herein as the “Utilities”) (with SJCC and Utilities herein sometimes collectively referred to as “Parties”), further amends that certain Underground Coal Sales Agreement, dated August 31, 2001, as amended (the “UG-CSA”), between SJCC and the Utilities.

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TRANSITION SERVICES AGREEMENT by and among PUBLIC SERVICE COMPANY OF NEW MEXICO, PNMR SERVICES COMPANY, and NEW MEXICO GAS COMPANY, INC. Dated: January 12, 2008
Transition Services Agreement • February 29th, 2008 • Public Service Co of New Mexico • Electric & other services combined • New Mexico

THIS TRANSITION SERVICES AGREEMENT (this “Agreement”), dated as of January 12, 2008, is by and among Public Service Company of New Mexico, a New Mexico corporation (“Seller”), PNMR Services Company, a New Mexico corporation (“PNMRSC” and, together with Seller, “Seller Service Providers”), and New Mexico Gas Company, Inc., a Delaware corporation (“Buyer”).

Agreement and Plan of Merger among PNM Resources, Inc., PNM Merger Sub LLC, Continental Energy Systems LLC, and Cap Rock Holding Corporation Dated: January 12, 2008
Agreement and Plan of Merger • February 29th, 2008 • Public Service Co of New Mexico • Electric & other services combined • Delaware

AGREEMENT AND PLAN OF MERGER dated as of January 12, 2008, among PNM Resources, Inc., a New Mexico corporation (“Parent”), PNM Merger Sub LLC (“Sub”), a Delaware limited liability company, Continental Energy Systems LLC (“CES”), a Delaware limited liability company previously known as Cap Rock Holding, LLC, and Cap Rock Holding Corporation (the “Company”), a Delaware corporation.

Shared Telecommunications Network Elements Section 7.4(h)
Asset Purchase Agreement • February 29th, 2008 • Public Service Co of New Mexico • Electric & other services combined • New Mexico
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