0001193125-10-069789 Sample Contracts

FIRST AMENDMENT TO CHEMICALS, EQUIPMENT, AND TECHNICAL ENGINEERING SERVICES SUPPLY AGREEMENT
And Technical Engineering Services Supply Agreement • March 29th, 2010 • Ada-Es Inc • Miscellaneous chemical products

THIS FIRST AMENDMENT TO CHEMICALS, EQUIPMENT, AND TECHNICAL ENGINEERING SERVICES SUPPLY AGREEMENT (this “Amendment”), is effective as of this 26th day of October, 2009 (the “Effective Date”), and is by and between ADA-ES, Inc., a Colorado corporation (“ADA”) and Clean Coal Solutions, LLC, a Colorado limited liability company (formerly known as “ADA-NexCoal, LLC”) (the “Company”). ADA and the Company are sometimes herein collectively referred to as the “parties” and each individually as a “party.”

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SECURITY AND PLEDGE AGREEMENT
Security and Pledge Agreement • March 29th, 2010 • Ada-Es Inc • Miscellaneous chemical products • Colorado

THIS SECURITY AND PLEDGE AGREEMENT (this “Agreement”) is entered into as of the 26th day of October, 2009, by and between ADA-ES, Inc., a Colorado corporation (“Pledgor” or “ADA”) and NexGen Refined Coal Holdings, LLC, a Wyoming limited liability company (“Pledgee” or “NexGen”). ADA and NexGen are sometimes referred to herein individually as a “party” and collectively as the “parties.”

LOAN COMMITMENT AGREEMENT
Loan Commitment Agreement • March 29th, 2010 • Ada-Es Inc • Miscellaneous chemical products • Colorado

THIS LOAN COMMITMENT AGREEMENT (this “Agreement”), is dated as of October 26, 2009, by and among NexGen Refined Coal Holdings, LLC, a Wyoming limited liability company (“NexGen”), ADA-ES, Inc., a Colorado corporation (“ADA”) and Clean Coal Solutions, LLC, a Colorado limited liability company (“CCS”). ADA, NexGen and CCS are sometimes individually referred to herein as a “party” and collectively as the “parties.”

FORM OF CONTINUING UNCONDITIONAL GUARANTY
Ada-Es Inc • March 29th, 2010 • Miscellaneous chemical products • Colorado

THIS CONTINUING UNCONDITIONAL GUARANTY (this “Guaranty”), is made and executed as of the 26th day of October, 2009, by ADA-ES, Inc., a Colorado corporation (“ADA”) in favor of NexGen Refined Coal Holdings, LLC, a Wyoming limited liability company (“NexGen”).

FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT
Purchase and Sale Agreement • March 29th, 2010 • Ada-Es Inc • Miscellaneous chemical products

THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT (this “Amendment”), is effective as of this 26th day of August, 2009 (the “Effective Date”), and is by and among ADA-ES, Inc., a Colorado corporation (“ADA”), NexGen Refined Coal, LLC, a Wyoming limited liability company (“NexGen”) and Clean Coal Solutions, LLC, a Colorado limited liability company (formerly known as “ADA-NexCoal, LLC”) (the “Company”). ADA, NexGen and the Company are sometimes herein collectively referred to as the “parties” and each individually as a “party.”

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