Standard Coal Supply Agreement

Annex 6.01(r) contains a complete and accurate list of each coal supply agreement involving a credit party at the balance date, including the consideration for each such agreement. For the avoidance of doubt, any operation or operation of the Rio Tinto Group concerning matters under the Agency Agreement, the RTEA Coal Supply Agreement or any other written agreement between the Parties or the extension of an existing activity or operation (including, but not limited to, the De Colowyo Mine) shall not be considered a competitive activity within the meaning of this Section 8.2. Section 12.3 of the coal supply contract is included in this Agreement. Any communication which must or may be made in writing under this Agreement shall be made in accordance with the provisions of Article 13 of the Coal Supply Contract. At the balance date, each of these coal supply agreements is in full force and effective and the credit parties shall comply with their obligations under this Agreement, unless it is reasonably reasonable to expect such non-compliance to result in its entirety, in its entirety or in conformity with substantial adverse effect. . . .