MARKETING, DISTRIBUTION AND TRANSPORTATION LOGISTICS SERVICES AGREEMENT By and Between KFx, Inc. And DTE Coal Services, Inc. Dated as of June 6, 2006Logistics Services Agreement • August 3rd, 2006 • KFX Inc • Bituminous coal & lignite surface mining • Colorado
THIS MARKETING, DISTRIBUTION AND TRANSPORTATION LOGISTICS SERVICES AGREEMENT (the “Agreement”) is entered into and made as of June 6, 2006 (the “Effective Date”), by and between KFx Inc., a Delaware corporation (“KFx”), and DTE Coal Services, Inc., a Michigan corporation (“DTECS”). KFx and DTECS are also referred to herein individually as a “Party” and collectively as the “Parties”.
Re: Master Agreement, dated as of October 5, 2005, by and between KFx Plant II, LLC and Arch Coal, Inc. Gentlemen:KFX Inc • August 3rd, 2006 • Bituminous coal & lignite surface mining
This letter will confirm our agreement with KFx Plant II, LLC, a Delaware limited liability company (“KFx Plant II”), and KFx, Inc., a Delaware corporation (“KFx”), to extend certain dates contained in the Master Agreement, dated as of October 5, 2005, by and between KFx Plant II and Arch Coal, Inc. (the “Master Agreement”) and the Stock Purchase and Warrant Agreement, dated as of October 5, 2005, by and between KFx and Arch Coal, Inc. executed in connection therewith (the “Stock Purchase and Warrant Agreement”) in the manner set forth herein. Capitalized terms used herein but not otherwise defined shall have the meanings given those terms in the Master Agreement.
