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Exhibit
10.89
AMENDMENT FOUR TO
UNDERGROUND COAL SALES AGREEMENT
THIS
AMENDMENT FOUR TO UNDERGROUND COAL SALES AGREEMENT
(“Amendment Four”), 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”),
amends that certain Underground Coal Sales Agreement dated August
31, 2001 as amended (the “UG-CSA”) between SJCC and the
Utilities.
RECITALS
WHEREAS , SJCC and the Utilities wish to add the April
24, 2006 modification to Federal Coal Lease NM 28093 as defined
herein to the Coal Leases;
NOW
THEREFORE , in
consideration of the terms, covenants and agreements contained in
this Amendment Four and for other good and valuable consideration,
the Utilities jointly and severally agree with SJCC as
follows:
AGREEMENT
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1.
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The April 24,
2006 modification to Federal Coal Lease NM 28093 is hereby added to
the Coal Leases. Specifically, the UG-CSA is amended by adding the
following coal lease description to Exhibit “A”
“Coal Leases”:
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NM
28093 Mod 1 - April 2006 modification to Federal Coal Lease NM
28093, the Deep Lease, approx. 160.6 acres.
Township 29
North, Range 15 West, NMPM, approx. 160.6 acres
Section 1: Lots
3-4, S/2NW/4
The attached
map will replace the current map in Exhibit A.
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