Amendment to Coal Supply Agreement No. J07032 Between Armstrong Coal Company and LG&E/KU (April 2009)

Contract Categories: Business Finance › Modification Agreements
Summary

This amendment involves Armstrong Coal Company and Louisville Gas and Electric Company/Kentucky Utilities Company. It temporarily changes the coal pricing terms for shipments from Midway Mine to Armstrong Dock between April 1 and December 31, 2009. The new base price is set at $29.50 per ton, with possible adjustments in July and October 2009, and includes delivery and transloading costs. All other terms of the original coal supply agreement remain unchanged.

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EX-10.34 27 c65698a5exv10w34.htm EX-10.34 exv10w34
Exhibit 10.34
     
  Corporate Fuels & By-Products
220 West Main Street
Louisville, KY40202
April 1, 2009
Armstrong Coal Company
407 Brown Road
Madisonville, Kentucky 42131
Attn: Mr. Kenny Allen
    Ref: LG&E/KU Coal Supply Agreement No. J07032 Amendment
        For Temporary Price Change
Dear Kenny:
This letter is to amend the Base Price parameters noted below of the above referenced Coal Supply Agreement, but only with respect to the time period as described below.
Louisville Gas and Electric Company and Kentucky Utilities Company agree the following revised pricing will apply to all coal shipped via truck from Midway Mine to Armstrong Dock (formerly known as Smallhous Dock) during the time period from April 1, 2009 to December 31, 2009.
From April 1, 2009 to December 31, 2009 the Base Price shall be the Base Price plus adjustment (per Section 8.4), plus $1.90 per ton, FOB Barge Armstrong Dock located at Mile Point 76.6 on the Green River (which Base Price covers the coal, trucking cost to deliver the coal to Armstrong Dock and all costs to transload the coal into barges at Armstrong Dock). The Base Price effective April 1, 2009 shall be $29.50 per ton and may be adjusted July 1 and October 1, 2009.
In all other respects, the terms, pricing and other conditions of the Coal Supply Agreement shall remain the same.
Please indicate your agreement to these terms by signing where indicated on both of the originals and returning both originals to me. I will have them signed on behalf of LG&E/KU and return a fully executed original to you.

 

 

Sincerely,

/s/ W. G. Gilbert, Jr.
 
W. G. Gilbert, Jr.
Senior Fuels and Transportation Administrator
                             
Acknowledged and agreed:       Louisville Gas and Electric Company
Armstrong Coal Company       Kentucky Utilities Company
 
                            
By:
  /s/ Kenneth E. Allen       By:   /s/            
 
                           
Title:
  V. P. Operations       Title:   Director, Corporate Fuels & By-Products            
Date:
  4-3-2009       Date:   4/7/09