Common use of Contract Quantity Clause in Contracts

Contract Quantity. During the Delivery Period, Seller agrees to sell and deliver to Buyer and Buyer agrees to purchase and accept from Seller, FOB truck or railcar (as applicable) at the Designated Delivery Point, the quantity of Coal set forth herein. Contract Years Contract Quantity Specification A Tons Specification B Tons 2009 [*] per year [*] (see below) 2010 - 2011 [*] per year [*] (see below) 2012 - 2014 [*] per year (see below) (see below) 2015 [*] per year (see below) (see below) 2016 - 2018 [*] per year (see below) (see below) For the Delivery Period from January 1, 2009, through December 31, 2011, Seller shall deliver, and Buyer shall accept, no less than [*] Tons per Contract Year of Specification A Coal. Not less than one hundred eighty (180) days prior to each Contract Year commencing with Contract Year 2012, Buyer will notify Seller whether the Conesville Coal Preparation Plant will continue operating during the next Contract Year. For each Oxford Mining Company, Inc. Amendment No. 2009-1 Page 2 Contract Year commencing with Contract Year 2012 in which the Conesville Coal Preparation Plant continues operating, Buyer shall nominate a minimum of [*] Tons of Specification A Coal. The remaining Coal to be delivered to Buyer shall consist of Specification B Coal. Provided that the total Tons of Specification A and Specification B Coal shall equal the Contract Quantity, which Quantity may be increased at Buyer’s option, as provided herein, upon thirty (30) days prior written notice to Seller, Buyer may elect to receive (i) more than [*] Tons of Specification A Coal during any Contract Year in which the Conesville Coal Preparation Plant is operating, or (ii) any number of Specification A and Specification B Tons of Coal during any Contract Year in which the Conesville Coal Preparation Plant is not operating. Such tonnage shall be delivered ratably during each month of each Contract Year unless otherwise agreed to by Buyer and Seller. Through November 2008, there was a tonnage shortfall of [*] Tons (inclusive of [*] force majeure Tons claimed by Seller during Contract Year 2008). The shortfall has subsequently been reduced by [*] tons delivered by Seller in the months of January and February, 2009. The parties have agreed to an additional shortfall tonnage reduction in 2009, for a remaining shortfall total of [*] Tons. Buyer shall have the right to increase deliveries in any month(s) by up to 25,000 Tons per month with thirty (30) days prior written notice until such time as the [*] Tons have been delivered. The Contract Price to be paid for such Coal shall be the Contract Price in effect when delivered. Prior to Seller selling any washed Coal to a third party from a preparation plant that commences operation after January 1, 2009, Buyer shall have the right of first refusal to purchase the first [*] Tons of washed Coal processed during any Contract Year from such preparation plant at the price Seller would otherwise sell to a third party (the “First Refusal Price”), provided that if Buyer elects to purchase such washed Coal, the Contract Price for such Coal shall be the First Refusal Price prior to January 1, 2013, and thereafter the First Refusal Price less [*] per Ton. Should Buyer elect to purchase the washed Coal, Seller’s tonnage obligation under this Agreement shall be reduced by the amount of washed Coal that Seller delivers to Buyer. Such washed Coal shall meet the Specification C quality specifications as set forth on Schedule 3.1-A. During each Contract Year (including any option period[s] elected), Buyer shall have the right to increase the Contract Quantity by 200,000 Tons per half-year (January through June or July through December being a “Contract Half-Year”) (hereinafter the “Half-Year Quantity Option”) by notifying Seller of its election to take such Half-Year Quantity Option at least ninety (90) days prior to the beginning of the applicable Contract Half-Year. Additionally, for any month(s) through December 2014, Buyer shall have the right at any time, and from time to time, to increase its monthly quantity obligation (i.e. the Contract Quantity for the applicable Contract Year divided by 12) for Specification A and/or Specification B Coal by up to 25,000 Tons (hereinafter the “Monthly Quantity Option”), and thus increase the Contract Quantity by up to 25,000 Tons per month, at any time prior to thirty (30) days prior to the beginning of the applicable delivery month. Such election shall remain in effect until such time as Buyer again gives at least thirty (30) days prior notice of a subsequent election to reduce the monthly quantity obligation by the amount of such increase.

Contract Quantity. During the Delivery Period, Seller agrees to sell and deliver to the Buyer and Buyer agrees to purchase and accept from Seller, FOB truck or railcar (as applicable) at the Designated Delivery Point, the quantity of Coal set forth herein. Specification A Specification B Contract Years Year Contract Quantity Specification A Tons Specification B Tons 2009 Contract Quantity 2005 [*] per year [*] (see below) 2010 - 2011 2006 [*] per year [*] (see below) 2012 - 2014 2007 [*] per year (see below) (see below) 2015 [*] per year (see below) (see below) 2016 - 2018 2008 [*] per year (see below) (see below) For the Delivery Period from January 1, 2009, through December 31, 2011, Seller shall deliver, and Buyer shall accept, no less than [*] Tons per Contract Year of Specification A Coal. Not less than one hundred eighty 2009 (180First Extended Term, if elected) days prior to each Contract Year commencing with Contract Year 2012, Buyer will notify Seller whether the Conesville Coal Preparation Plant will continue operating during the next Contract Year. For each Oxford Mining Company, Inc. Amendment No. 2009-1 Page 2 Contract Year commencing with Contract Year 2012 in which the Conesville Coal Preparation Plant continues operating, Buyer shall nominate a minimum of [*] Tons of Specification A Coal. The remaining Coal to be delivered to Buyer shall consist of Specification B Coal. Provided that the total Tons of Specification A and Specification B Coal shall equal the Contract Quantity, which Quantity may be increased at Buyer’s option, as provided herein, upon thirty (30) days prior written notice to Seller, Buyer may elect to receive (i) more than [*] Tons of Specification A Coal during any Contract Year in which the Conesville Coal Preparation Plant is operating2010 (Second Extended Term, or (iiif elected) any number of Specification A and Specification B Tons of Coal during any Contract Year in which the Conesville Coal Preparation Plant is not operating. [*] [*] Such tonnage shall be delivered ratably during each month of each Contract Year unless otherwise agreed to by Buyer and Seller. Through November 2008, there was a tonnage shortfall of [*] Tons (inclusive of [*] force majeure Tons claimed by Seller during Contract Year 2008). The shortfall has subsequently been reduced by [*] tons delivered by Seller in the months of January and February, 2009. The parties have agreed to an additional shortfall tonnage reduction in 2009, for a remaining shortfall total of [*] TonsYear. Buyer shall have the right option to increase deliveries in any month(s) by elect up to 25,000 Tons per month [*] of the Contract Quantity to be delivered as Specification A or Specification B Coal with at least thirty (30) days prior notice to Seller. Upon at least eighteen months prior written notice until such time as the [*] Tons have been delivered. The Contract Price to be paid for such Coal shall be the Contract Price in effect when delivered. Prior to Seller selling any washed Coal to a third party from a preparation plant that commences operation after January 1, 2009notice, Buyer shall have the right of first refusal option, but not the obligation, to elect to purchase the first from Seller [*] Tons tons per year of washed Coal processed during any Contract Year from such preparation plant at the price Seller would otherwise sell to a third party (the “First Refusal Price”), provided that if Buyer elects to purchase such washed Specification C Coal, the Contract Price for such Coal shall be the First Refusal Price prior to January 1, 2013, and thereafter the First Refusal Price less . [*] per TonCertain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. 5/3/04 5 Should Buyer elect to purchase the washed Specification C Coal, Seller’s tonnage obligation under Buyer shall purchase, and Seller shall sell, such Coal in lieu of Specification A Coal for a period of five years upon the terms and conditions set forth in this Agreement shall be reduced by the amount of washed Coal that Seller delivers to BuyerAgreement. Such washed Coal shall meet period may extend beyond the Term of this Agreement. At such time, if any, that Buyer elects to purchase Specification C quality specifications Coal, Buyer shall also have the option to elect to reduce purchases of Specification B Coal to [*] tons per year. The purchase of any revised quantities of Specification B Coal are to commence concurrently with the purchase of Specification C Coal and continue throughout the remaining Term, as set forth in Article I, of this Agreement, but not thereafter (no later than December 31, 2010). If Buyer’s election shall become effective during a Contract Year, then the quantities of Specifications A, B, and C Coal to be purchased and sold during such Year shall be determined on Schedule 3.1-A. a pro rata basis. Thus, for example, if Buyer were to elect in October 2005 to purchase [*] tons of Specification C Coal commencing April 2007, and Buyer does not elect to extend the Term of this Agreement, then for Contract Years 2006 through 2012, the Contract Quantities would be as follows: ***** EXAMPLE ***** Contract Year Specification A Specification B Specification C 2006 Specification A deliveries would run through March 31, 2007, and Specification C deliveries begin April 1, 2007. [*] [*] [*] 2007 [*] [*] [*] [*] 2008 [*] [*] 2009 [*] 2010 Specification C deliveries would continue through March 31, 2012. [*] 2011 [*] 2012 [*] ***** END OF EXAMPLE ***** During each Contract Year (including any option period[s] elected)Year, Buyer shall have the right to increase the Contract Quantity for Specification A and/or Specification B Coal by 200,000 Tons tons per half-year (January through June or July through December being a “Contract Half-Year”December) (hereinafter the “Half-Year Quantity Option”) by notifying Seller of its election to take such Half-Year Quantity Option at least ninety (90) days prior to the beginning of the applicable Contract Halfhalf-Yearyear period. Additionally, for any month(s) through December 2014, Buyer shall have the right at any time, and from time to time, to increase its monthly quantity obligation (i.e. the Contract Quantity for the applicable Contract Year divided by 12) for Specification A and/or Specification B Coal by up to 25,000 Tons tons (hereinafter the “Monthly Quantity Option”), and thus increase the Contract Quantity by up to 25,000 Tons per month, ) at any time prior up to thirty (30) days prior to the beginning of the applicable delivery month. Such election shall remain in effect until such time as Buyer again gives at least thirty (30) days prior notice of a subsequent election to reduce the monthly quantity obligation by to the amount minimum monthly quantity obligation. Each such election shall be referred to as an “Option” for Coal produced from reserves of such increaseCoal dedicated to this Agreement in Schedule 3.1-B hereof.

Contract Quantity. During the Delivery Period, Seller agrees to sell and deliver to Buyer and Buyer agrees to purchase and accept from Seller, FOB truck or railcar (as applicable) at the Designated Delivery Point, the quantity of Coal set forth herein. Contract Years [ * ] Contract Quantity Specification A Tons Specification B Tons 2009 [*] - [*] [*] per year [*] [*] (see below) 2010 [*] - 2011 [*] [*] per year [*] (see below) 2012 - 2014 [*] per year (see below) (see below) 2015 [*] [*] per year [*] (see below) (see below) 2016 [*] - 2018 [*] [*] per year [*] (see below) (see below) For the Delivery Period from January 1, 2009[*], through December 31, 2011[*], Seller shall deliver, and Buyer shall accept, no less than [*] Tons per Contract Year [*] of Specification A Coal. Not less than one hundred eighty (180) days prior to each Contract Year [*] commencing with Contract Year 2012[*], Buyer will notify Seller whether the Conesville Coal Preparation Plant will continue operating during the next Contract Year[*]. For each Oxford Mining Company, Inc. Amendment No. 2009-1 Page 2 Contract Year [*] commencing with Contract Year 2012 [*] in which the Conesville Coal Preparation Plant continues operating, Buyer shall nominate a minimum of [*] Tons of Specification A Coal. The remaining Coal to be delivered to Buyer shall consist of Specification B Coal. Provided that the total Tons of Specification A and Specification B Coal shall equal the Contract Quantity, which Quantity may be increased at Buyer’s option, as provided herein, upon thirty (30) days prior written notice to Seller, Buyer may elect to receive (i) more than [*] Tons of Specification A Coal during any Contract Year [*] in which the Conesville Coal Preparation Plant is operating, or (ii) any number of Specification A and Specification B Tons of Coal during any Contract Year [*] in which the Conesville Coal Preparation Plant is not operating. Such tonnage shall be delivered ratably during each month of each Contract Year [*] unless otherwise agreed to by Buyer and Seller. Through November 2008, there was a tonnage shortfall of [*] Tons (inclusive of [*] force majeure Tons claimed by Seller during Contract Year 2008). The shortfall has subsequently been reduced by [*] tons delivered by Seller in the months of January and February, 2009. The parties have agreed to an additional shortfall tonnage reduction in 2009, for a remaining shortfall total of [*] Tons]). Buyer shall have the right to increase deliveries in any month(s) by up to 25,000 [*] Tons per month with thirty (30) days prior written notice until such time as the [*] Tons have been delivered. The Contract Price to be paid for such Coal shall be the Contract Price in effect when delivered. Prior to Seller selling any washed Coal to a third party from a preparation plant that commences operation after January 1, 2009[*], Buyer shall have the right of first refusal to purchase the first [*] Tons of washed Coal processed during any Contract Year [*] from such preparation plant at the price Seller would otherwise sell to a third party (the “First Refusal Price”), provided that if Buyer elects to purchase such washed Coal, the Contract Price for such Coal shall be the First Refusal Price prior to January 1, 2013[*], and thereafter the First Refusal Price less [*] per Ton. Should Buyer elect to purchase the washed Coal, Seller’s tonnage obligation under this Agreement shall be reduced by the amount of washed Coal that Seller delivers to Buyer. Such washed Coal shall meet the Specification C quality specifications as set forth on Schedule 3.1-A. During each Contract Year [*] (including any option period[s] elected), Buyer shall have the right to increase the Contract Quantity by 200,000 [*] Tons per half-year (January through June or July through December being a “Contract Half-Year”) (hereinafter the “Half-Year Quantity Option”) by notifying Seller of its election to take such Half-Year Quantity Option at least ninety (90) days prior to the beginning of the applicable Contract Half-Year. Additionally, for any month(s) through December 2014[*], Buyer shall have the right at any time, and from time to time, to increase its monthly quantity obligation (i.e. the Contract Quantity for the applicable Contract Year [*] divided by 12) for Specification A and/or Specification B Coal by up to 25,000 [*] Tons (hereinafter the “Monthly Quantity Option”), and thus increase the Contract Quantity by up to 25,000 [*] Tons per month, at any time prior to thirty (30) days prior to the beginning of the applicable delivery month. Such election shall remain in effect until such time as Buyer again gives at least thirty (30) days prior notice of a subsequent election to reduce the monthly quantity obligation by the amount of such increase. [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Contract Quantity. During the Delivery Period, Seller agrees to sell and deliver to the Buyer and Buyer agrees to purchase and accept from Seller, FOB truck or railcar (as applicable) at the Designated Delivery Point, the quantity of Coal set forth herein. Contract Years [ * ] Contract Quantity Specification A Tons Specification B Tons 2009 [*] — [*] [*] per year [*] [*] (see below) 2010 - 2011 [*] — [*] [*] per year [*] [*] (see below) 2012 - 2014 [*]01[*] [*] per year [*]* [*] (see below) [*] — [*] [*] per [*]* (see below) (see below) 2015 * Buyer shall have the right (the “Contract Option Right”) to elect to increase the Contract Quantity from [*] Tons per year (see below) (see below) 2016 - 2018 [*] to [*] Tons per year [*] for the period from [*], through [*], by providing written notice of such election to Seller no later than March [*]. Such tonnage shall be delivered ratably during each month of each Contract [*]. Buyer and Seller agree that the projected tonnage shortfall through [*] will be approximately [*] Tons of Coal. Buyer and Seller further agree that Buyer shall have the right but not the obligation to have such shortfall shipped at the rate of [*] Tons per month during any months through the Term of this Agreement by providing Seller thirty (see below30) (see below) days prior notice of such election. The Contract Price to be paid for such Coal shall be the Contract Price in effect when the shipment is made. For the Delivery Period from January 1, 2009[*], through December 31, 2011[*], Seller shall deliver, and Buyer shall accept, no less than [*] Tons per Contract Year [*] of Specification A Coal. Not less than one hundred eighty (180) days prior [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to each Contract Year commencing with Contract Year 2012, Buyer will notify Seller whether the Conesville Coal Preparation Plant will continue operating during the next Contract Yearomitted portions. For each Oxford Mining Company, Inc. Amendment No. 20092006-1 3 Page 2 Contract Year commencing with Contract Year 2012 in which the Conesville Coal Preparation Plant continues operating, Buyer shall nominate a minimum of [*] Tons of Specification A Coal. 3 The remaining Coal coal to be delivered to Buyer shall consist of Specification B Coal. Provided At any time upon thirty (30) days prior written notice to Seller during such Delivery Period, Buyer may elect to receive more than [*] Tons of Specification A Coal during any Contract [*], provided that the total Tons of Specification A and Specification B Coal shall equal the Contract Quantity, which Quantity may be increased at Buyer’s option, as provided hereinbelow. For the Delivery Periods on or after [*], upon Buyer shall have the option to elect any percentage of the Contract Quantity to be delivered as Specification A or Specification B Coal with at least thirty (30) days prior written notice to Seller, Buyer may elect to receive (i) more than [*] provided that the total Tons of Specification A Coal during any Contract Year in which the Conesville Coal Preparation Plant is operating, or (ii) any number of Specification A and Specification B Tons of Coal during any Contract Year in which the Conesville Coal Preparation Plant is not operating. Such tonnage shall be delivered ratably during each month of each Contract Year unless otherwise agreed to by Buyer and Seller. Through November 2008, there was a tonnage shortfall of [*] Tons (inclusive of [*] force majeure Tons claimed by Seller during Contract Year 2008). The shortfall has subsequently been reduced by [*] tons delivered by Seller in the months of January and February, 2009. The parties have agreed to an additional shortfall tonnage reduction in 2009, for a remaining shortfall total of [*] Tons. Buyer shall have the right to increase deliveries in any month(s) by up to 25,000 Tons per month with thirty (30) days prior written notice until such time as the [*] Tons have been delivered. The Contract Price to be paid for such Coal shall be equal the Contract Price in effect when deliveredQuantity, which Quantity may be increased at Buyer’s option, as provided below. Prior to Seller selling any washed Coal to a third party from a preparation plant that commences operation after January 1, 2009[*], Buyer shall have the right of first refusal to purchase on the first [*] Tons tons of washed Coal processed during any Contract Year [*] from such preparation plant at the price Seller would otherwise sell to a third party (the “First Refusal Price”), provided that if Buyer elects to purchase such washed Coal, the Contract Price for such Coal shall be the First Refusal Price prior to January 1, 2013, and thereafter the First Refusal Price less [*] per Tonparty. Should Buyer elect to purchase the washed Coal, Seller’s tonnage obligation under this Agreement shall be reduced by the amount of washed Coal that Seller delivers to Buyer. Such washed Coal shall meet the Specification C quality specifications as set forth on Schedule 3.1-A. During each Contract Year (including any option period[s[*] elected)through Contract [*], Buyer shall have the right to increase the Contract Quantity by 200,000 [*] Tons per half-year, and during Contract [*] through [*], Buyer shall have the right to increase the Contract Quantity by [*] Tons ([*] Tons, if Buyer exercises its Contract Option Right) per half-year (January through June or July through December being a “Contract Half-Year”December) (hereinafter the “Half-Year Quantity Option”) by notifying Seller of its election to take such Half-Year Quantity Option at least ninety (90) days prior to the beginning of the applicable Contract Half-YearYear period. Additionally, for any month(s) through December 2014, Buyer shall have the right at any time, and from time to time, to increase its monthly quantity obligation (i.e. the Contract Quantity for the applicable Contract Year divided by 12) for Specification A and/or Specification B Coal by up to 25,000 [*] Tons (hereinafter the “Monthly Quantity Option”), and thus increase the Contract Quantity by up to 25,000 Tons per monthQuantity, at any time prior up to thirty (30) days prior to the beginning of the applicable delivery month. Such election shall remain in effect until such time as Buyer again gives at least thirty (30) days prior notice of a subsequent election to reduce the monthly quantity obligation by to the amount minimum monthly quantity obligation. Each such election shall be referred to as an “Option” for Coal produced from reserves of such increaseCoal dedicated to this Agreement in Schedule 3.1-B hereof.

Contract Quantity. During the Delivery Period, Seller agrees to sell and deliver to Buyer and Buyer agrees to purchase and accept from Seller, FOB truck or railcar (as applicable) at the Designated Delivery Point, the quantity of Coal set forth herein. Contract Years Contract Quantity Specification A Tons Specification B Tons 2009 [*] per year [*] (see below) 2010 - 2011 [*] per year [*] (see below) 2012 - 2014 [*] per year (see below) (see below) 2015 [*] per year (see below) (see below) 2016 - 2018 [*] per year (see below) (see below) For the Delivery Period from January 1, 2009, through December 31, 2011, Seller shall deliver, and Buyer shall accept, no less than [*] Tons per Contract Year of Specification A Coal. Not less than one hundred eighty (180) days prior to each Contract Year commencing with Contract Year 2012, 2012 Buyer will notify Seller whether the Conesville Coal Preparation Plant will continue operating during the next Contract Year. For each Oxford Mining Company, Inc. Amendment No. 2009-1 Page 2 Contract Year commencing with Contract Year 2012 in which the Conesville Coal Preparation Plant continues operating, Buyer shall nominate a minimum of [*] Tons of Specification A Coal. The remaining Coal to be delivered to Buyer shall consist of Specification B Coal. Provided that the total Tons of Specification A and Specification B Coal shall equal the Contract Quantity, which Quantity may be increased at Buyer’s option, as provided herein, upon thirty (30) days prior written notice to Seller, Buyer may elect to receive (i) more than [*] Tons of Specification A Coal during any Contract Year in which the Conesville Coal Preparation Plant is operating, or (ii) any number of Specification A and Specification B Tons of Coal during any Contract Year in which the Conesville Coal Preparation Plant is not operating. Such tonnage shall be delivered ratably during each month of each Contract Year unless otherwise agreed to by Buyer and Seller. Through November 2008, there was a tonnage shortfall of [*] Tons (inclusive of [*] force majeure Tons claimed by Seller during Contract Year 2008). The shortfall has subsequently been reduced by [*] tons delivered by Seller in the months of January and February, 2009. The parties have agreed to an additional shortfall tonnage reduction in 2009, for a remaining shortfall total of [*] Tons. Buyer shall have the right to increase deliveries in any month(s) by up to 25,000 Tons per month with thirty (30) days prior written notice until such time as the [*] Tons have been delivered. The Contract Price to be paid for such Coal shall be the Contract Price in effect when delivered. Prior to Seller selling any washed Coal to a third party from a preparation plant that commences operation after January 1, 2009, Buyer shall have the right of first refusal to purchase the first [*] Tons of washed Coal processed during any Contract Year from such preparation plant at the price Seller would otherwise sell to a third party (the “First Refusal Price”), provided that if Buyer elects to purchase such washed Coal, the Contract Price for such Coal shall be the First Refusal Price prior to January 1, 2013, and thereafter the First Refusal Price less [*] per Ton. Should Buyer elect to purchase the washed Coal, Seller’s tonnage obligation under this Agreement shall be reduced by the amount of washed Coal that Seller delivers to Buyer. Such washed Coal shall meet the Specification C quality specifications as set forth on Schedule 3.1-A. During each Contract Year (including any option period[s] elected), Buyer shall have the right to increase the Contract Quantity by 200,000 Tons per half-year (January through June or July through December being a “Contract Half-Year”) (hereinafter the “Half-Year Quantity Option”) by notifying Seller of its election to take such Half-Year Quantity Option at least ninety (90) days prior to the beginning of the applicable Contract Half-Year. Additionally, for any month(s) through December 2014, Buyer shall have the right at any time, and from time to time, to increase its monthly quantity obligation (i.e. the Contract Quantity for the applicable Contract Year divided by 12) for Specification A and/or Specification B Coal by up to 25,000 Tons (hereinafter the “Monthly Quantity Option”), and thus increase the Contract Quantity by up to 25,000 Tons per month, at any time prior to thirty (30) days prior to the beginning of the applicable delivery month. Such election shall remain in effect until such time as Buyer again gives at least thirty (30) days prior notice of a subsequent election to reduce the monthly quantity obligation by the amount of such increase. [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Contract Quantity. During the Delivery Period, Seller agrees to sell and deliver to the Buyer and Buyer agrees to purchase and accept from Seller, FOB truck or railcar (as applicable) at the Designated Delivery Point, the quantity of Coal set forth herein. Contract Years Contract Quantity Specification A Tons Specification B Tons 2009 Contract [*] per year Contract Quantity Contract Quantity [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] (see belowFirst Extended Term, if elected) 2010 - 2011 [*] per year [*] [*] (see belowSecond Extended Term, if elected) 2012 - 2014 [*] per year (see below) (see below) 2015 [*] per year (see below) (see below) 2016 - 2018 [*] per year (see below) (see below) For the Delivery Period from January 1, 2009, through December 31, 2011, Seller shall deliver, and Buyer shall accept, no less than [*] Tons per Contract Year of Specification A Coal. Not less than one hundred eighty (180) days prior to each Contract Year commencing with Contract Year 2012, Buyer will notify Seller whether the Conesville Coal Preparation Plant will continue operating during the next Contract Year. For each Oxford Mining Company, Inc. Amendment No. 2009-1 Page 2 Contract Year commencing with Contract Year 2012 in which the Conesville Coal Preparation Plant continues operating, Buyer shall nominate a minimum of [*] Tons of Specification A Coal. The remaining Coal to be delivered to Buyer shall consist of Specification B Coal. Provided that the total Tons of Specification A and Specification B Coal shall equal the Contract Quantity, which Quantity may be increased at Buyer’s option, as provided herein, upon thirty (30) days prior written notice to Seller, Buyer may elect to receive (i) more than [*] Tons of Specification A Coal during any Contract Year in which the Conesville Coal Preparation Plant is operating, or (ii) any number of Specification A and Specification B Tons of Coal during any Contract Year in which the Conesville Coal Preparation Plant is not operating. Such tonnage shall be delivered ratably during each month of each Contract Year unless otherwise agreed to by Buyer and Seller. Through November 2008, there was a tonnage shortfall of [*] Tons (inclusive of [*] force majeure Tons claimed by Seller during Contract Year 2008). The shortfall has subsequently been reduced by [*] tons delivered by Seller in the months of January and February, 2009. The parties have agreed to an additional shortfall tonnage reduction in 2009, for a remaining shortfall total of [*] Tons]. Buyer shall have the right option to increase deliveries in any month(s) by elect up to 25,000 Tons per month [*] of the Contract Quantity to be delivered as Specification A or Specification B Coal with at least thirty (30) days prior notice to Seller. Upon at least eighteen months prior written notice until such time as the [*] Tons have been delivered. The Contract Price to be paid for such Coal shall be the Contract Price in effect when delivered. Prior to Seller selling any washed Coal to a third party from a preparation plant that commences operation after January 1, 2009notice, Buyer shall have the right of first refusal option, but not the obligation, to elect to purchase the first from Seller [*] Tons of washed Coal processed during any Contract Year from such preparation plant at the price Seller would otherwise sell to a third party (the “First Refusal Price”), provided that if Buyer elects to purchase such washed Coal, the Contract Price for such Coal shall be the First Refusal Price prior to January 1, 2013, and thereafter the First Refusal Price less tons per [*] per Tonof Specification C Coal. [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. 5/3/04 5 Should Buyer elect to purchase the washed Specification C Coal, Seller’s tonnage obligation under Buyer shall purchase, and Seller shall sell, such Coal in lieu of Specification A Coal for a period of [*] upon the terms and conditions set forth in this Agreement shall be reduced by the amount of washed Coal that Seller delivers to BuyerAgreement. Such washed Coal shall meet period may extend beyond the Term of this Agreement. At such time, if any, that Buyer elects to purchase Specification C quality specifications Coal, Buyer shall also have the option to elect to reduce purchases of Specification B Coal to [*] tons per [*]. The purchase of any revised quantities of Specification B Coal are to commence concurrently with the purchase of Specification C Coal and continue throughout the remaining Term, as set forth in Article I, of this Agreement, but not thereafter (no later than [*]). If Buyer’s election shall become effective during a Contract [*], then the quantities of Specifications A, B, and C Coal to be purchased and sold during such [*] shall be determined on Schedule 3.1-A. a pro rata basis. Thus, for example, if Buyer were to elect in October [*] to purchase [*] tons of Specification C Coal commencing April [*], and Buyer does not elect to extend the Term of this Agreement, then for Contract [*] through [*], the Contract Quantities would be as follows: ***** EXAMPLE ***** Contract [*] Specification A Specification B Specification C [*] Specification A deliveries would run through March [*], and Specification C deliveries begin April [*]. [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] [*] Specification C deliveries would continue through March [*]. [*] [*] [*] [*] [*] ***** END OF EXAMPLE ***** During each Contract Year (including any option period[s] elected)[*], Buyer shall have the right to increase the Contract Quantity for Specification A and/or Specification B Coal by 200,000 Tons [*] tons per half-year (January through June or July through December being a “Contract Half-Year”December) (hereinafter the “Half-Year Quantity Option”) by notifying Seller of its election to take such Half-Year Quantity Option at least ninety (90) days prior to the beginning of the applicable Contract Halfhalf-Yearyear period. Additionally, for any month(s) through December 2014, Buyer shall have the right at any time, and from time to time, to increase its monthly quantity obligation (i.e. the Contract Quantity for the applicable Contract Year divided by 12) for Specification A and/or Specification B Coal by up to 25,000 Tons [*] tons (hereinafter the “Monthly Quantity Option”), and thus increase the Contract Quantity by up to 25,000 Tons per month, ) at any time prior up to thirty (30) days prior to the beginning of the applicable delivery month. Such election shall remain in effect until such time as Buyer again gives at least thirty (30) days prior notice of a subsequent election to reduce the monthly quantity obligation by to the amount minimum monthly quantity obligation. Each such election shall be referred to as an “Option” for Coal produced from reserves of such increaseCoal dedicated to this Agreement in Schedule 3.1-B hereof.

Contract Quantity. During the Delivery Period, Seller agrees to sell and deliver to the Buyer and Buyer agrees to purchase and accept from Seller, FOB truck or railcar (as applicable) at the Designated Delivery Point, the quantity of Coal set forth herein. Contract Years Contract Quantity Specification A Tons Specification B Tons 2009 2006 - 2008 [*] per year [*] (see below) 2009 - 2010 - [*] per year [*] (see below) 2011 [*] per year [*] (see below) 2012 - 2014 [*] per year (see below) (see below) 2015 * Buyer shall have the right (the “Contract Option Right”) to elect to increase the Contract Quantity from [*] Tons per year (see below) (see below) 2016 - 2018 to [*] Tons per year for the period from January 1, 2011, through December 31, 2014, by providing written notice of such election to Seller no later than March 5, 2010. Such tonnage shall be delivered ratably during each month of each Contract Year. Buyer and Seller agree that the projected tonnage shortfall through December 2006 will be approximately [*] Tons of Coal. Buyer and Seller further agree that Buyer shall have the right but not the obligation to have such shortfall shipped at the rate of 25,000 Tons per month during any months through the Term of this Agreement by providing Seller thirty (see below30) (see below) days prior notice of such election. The Contract Price to be paid for such Coal shall be the Contract Price in effect when the shipment is made. For the Delivery Period from January 1, 20092006, through December 31, 2011, Seller shall deliver, and Buyer shall accept, no less than [*] Tons per Contract Year of Specification A Coal. Not less than one hundred eighty (180) days prior [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to each Contract Year commencing with Contract Year 2012, Buyer will notify Seller whether the Conesville Coal Preparation Plant will continue operating during the next Contract Yearomitted portions. For each Oxford Mining Company, Inc. Amendment No. 20092006-1 3 Page 2 Contract Year commencing with Contract Year 2012 in which the Conesville Coal Preparation Plant continues operating, Buyer shall nominate a minimum of [*] Tons of Specification A Coal. 3 The remaining Coal coal to be delivered to Buyer shall consist of Specification B Coal. Provided At any time upon thirty (30) days prior written notice to Seller during such Delivery Period, Buyer may elect to receive more than [*] Tons of Specification A Coal during any Contract Year, provided that the total Tons of Specification A and Specification B Coal shall equal the Contract Quantity, which Quantity may be increased at Buyer’s option, as provided hereinbelow. For the Delivery Periods on or after January 1, upon 2012, Buyer shall have the option to elect any percentage of the Contract Quantity to be delivered as Specification A or Specification B Coal with at least thirty (30) days prior written notice to Seller, Buyer may elect to receive (i) more than [*] provided that the total Tons of Specification A Coal during any Contract Year in which the Conesville Coal Preparation Plant is operating, or (ii) any number of Specification A and Specification B Tons of Coal during any Contract Year in which the Conesville Coal Preparation Plant is not operating. Such tonnage shall be delivered ratably during each month of each Contract Year unless otherwise agreed to by Buyer and Seller. Through November 2008, there was a tonnage shortfall of [*] Tons (inclusive of [*] force majeure Tons claimed by Seller during Contract Year 2008). The shortfall has subsequently been reduced by [*] tons delivered by Seller in the months of January and February, 2009. The parties have agreed to an additional shortfall tonnage reduction in 2009, for a remaining shortfall total of [*] Tons. Buyer shall have the right to increase deliveries in any month(s) by up to 25,000 Tons per month with thirty (30) days prior written notice until such time as the [*] Tons have been delivered. The Contract Price to be paid for such Coal shall be equal the Contract Price in effect when deliveredQuantity, which Quantity may be increased at Buyer’s option, as provided below. Prior to Seller selling any washed Coal to a third party from a preparation plant that commences operation after January 1, 20092006, Buyer shall have the right of first refusal to purchase on the first [*] Tons tons of washed Coal processed during any Contract Year from such preparation plant at the price Seller would otherwise sell to a third party (the “First Refusal Price”), provided that if Buyer elects to purchase such washed Coal, the Contract Price for such Coal shall be the First Refusal Price prior to January 1, 2013, and thereafter the First Refusal Price less [*] per Tonparty. Should Buyer elect to purchase the washed Coal, Seller’s tonnage obligation under this Agreement shall be reduced by the amount of washed Coal that Seller delivers to Buyer. Such washed Coal shall meet the Specification C quality specifications as set forth on Schedule 3.1-A. During each Contract Year (including any option period[s] elected)through Contract Year 2010, Buyer shall have the right to increase the Contract Quantity by 200,000 Tons per half-year, and during Contract Years 2011 through 2014, Buyer shall have the right to increase the Contract Quantity by 100,000 Tons (200,000 Tons, if Buyer exercises its Contract Option Right) per half-year (January through June or July through December being a “Contract Half-Year”December) (hereinafter the “Half-Year Quantity Option”) by notifying Seller of its election to take such Half-Year Quantity Option at least ninety (90) days prior to the beginning of the applicable Contract Half-YearYear period. Additionally, for any month(s) through December 2014, Buyer shall have the right at any time, and from time to time, to increase its monthly quantity obligation (i.e. the Contract Quantity for the applicable Contract Year divided by 12) for Specification A and/or Specification B Coal by up to 25,000 Tons (hereinafter the “Monthly Quantity Option”), and thus increase the Contract Quantity by up to 25,000 Tons per monthQuantity, at any time prior up to thirty (30) days prior to the beginning of the applicable delivery month. Such election shall remain in effect until such time as Buyer again gives at least thirty (30) days prior notice of a subsequent election to reduce the monthly quantity obligation by to the amount minimum monthly quantity obligation. Each such election shall be referred to as an “Option” for Coal produced from reserves of such increaseCoal dedicated to this Agreement in Schedule 3.1-B hereof.

Contract Quantity. During the Delivery Period, Seller agrees to sell and deliver to Buyer and Buyer agrees to purchase and accept from Seller, FOB truck or railcar (as applicable) at the Designated Delivery Point, the quantity of Coal set forth herein. Contract Years [*] Contract Quantity Specification A Tons Specification B Tons 2009 [*] [*] per year [*] [*] (see below) 2010 [*] - 2011 [*] [*] per year [*] [*] (see below) 2012 [*] - 2014 [*] [*] per year [*] (see below) (see below) 2015 [*] [*] per year [*] (see below) (see below) 2016 [*] - 2018 [*] [*] per year [*] (see below) (see below) For the Delivery Period from January 1, 2009[*], through December 31, 2011[*], Seller shall deliver, and Buyer shall accept, no less than [*] Tons per Contract Year [*] of Specification A Coal. Not less than one hundred eighty (180) days prior to each Contract Year [*] commencing with Contract Year 2012[*], Buyer will notify Seller whether the Conesville Coal Preparation Plant will continue operating during the next Contract Year[*]. For each Oxford Mining Company, Inc. Amendment No. 2009-1 Page 2 Contract Year [*] commencing with Contract Year 2012 [*] in which the Conesville Coal Preparation Plant continues operating, Buyer shall nominate a minimum of [*] Tons of Specification A Coal. The remaining Coal to be delivered to Buyer shall consist of Specification B Coal. Provided that the total Tons of Specification A and Specification B Coal shall equal the Contract Quantity, which Quantity may be increased at Buyer’s option, as provided herein, upon thirty (30) days prior written notice to Seller, Buyer may elect to receive (i) more than [*] Tons of Specification A Coal during any Contract Year [*] in which the Conesville Coal Preparation Plant is operating, or (ii) any number of Specification A and Specification B Tons of Coal during any Contract Year [*] in which the Conesville Coal Preparation Plant is not operating. Such tonnage shall be delivered ratably during each month of each Contract Year [*] unless otherwise agreed to by Buyer and Seller. Through November 2008, there was a tonnage shortfall of [*] Tons (inclusive of [*] force majeure Tons claimed by Seller during Contract Year 2008[*]). The shortfall has subsequently been reduced by [*] tons delivered by Seller in the months of January and February, 2009. The parties have agreed to an additional shortfall tonnage reduction in 2009, for a remaining shortfall total of [*] Tons. Buyer shall have the right to increase deliveries in any month(s) by up to 25,000 [*] Tons per month with thirty (30) days prior written notice until such time as the [*] Tons have been delivered. The Contract Price to be paid for such Coal shall be the Contract Price in effect when delivered. Prior to Seller selling any washed Coal to a third party from a preparation plant that commences operation after January 1, 2009, Buyer shall have the right of first refusal to purchase the first [*] Tons of washed Coal processed during any Contract Year [*] from such preparation plant at the price Seller would otherwise sell to a third party (the “First Refusal Price”), provided that if Buyer elects to purchase such washed Coal, the Contract Price for such Coal shall be the First Refusal Price prior to January 1, 2013, and thereafter the First Refusal Price less [*] per Ton. Should Buyer elect to purchase the washed Coal, Seller’s tonnage obligation under this Agreement shall be reduced by the amount of washed Coal that Seller delivers to Buyer. Such washed Coal shall meet the Specification C quality specifications as set forth on Schedule 3.1-A. During each Contract Year [*] (including any option period[s] elected), Buyer shall have the right to increase the Contract Quantity by 200,000 [*] Tons per half-year (January through June or July through December being a “Contract Half-Year”) (hereinafter the “Half-Year Quantity Option”) by notifying Seller of its election to take such Half-Year Quantity Option at least ninety (90) days prior to the beginning of the applicable Contract Half-Year. Additionally, for any month(s) through December 2014[*], Buyer shall have the right at any time, and from time to time, to increase its monthly quantity obligation (i.e. the Contract Quantity for the applicable Contract Year [*] divided by 12) for Specification A and/or Specification B Coal by up to 25,000 [*] Tons (hereinafter the “Monthly Quantity Option”), and thus increase the Contract Quantity by up to 25,000 [*] Tons per month, at any time prior to thirty (30) days prior to the beginning of the applicable delivery month. Such election shall remain in effect until such time as Buyer again gives at least thirty (30) days prior notice of a subsequent election to reduce the monthly quantity obligation by the amount of such increase.