Confidential
(a) any environmentally related prohibition, restriction, or limitation regarding the use of Coal at
Plant _______;
(b) any prohibition, restriction, or limitation regarding (i) the quality of Coal (including, without limita-
tion, any constituent specification) that may be used at Plant _______or (ii) the type or amount
of emissions from Plant _______;
(c) any rule or requirement affecting the permissible means for complying with any such prohibi-
tion, restriction, or limitation; or
(d) any environmentally related imposition of a cost, fee, tax, or other economic burden on Buyer
related to (i) the production of electricity by means of coal-fired electric generation, (ii) the quan-
tity of Coal purchased for or used at Plant _______, (iii) any constituent specification of Coal
purchased for or used at Plant _______, (iv) the type or amount of emissions from Plant
_______, or (v) the installation of any type of environmental-related equipment required by any
regulatory authority to which Buyer is subject.
In addition, the term shall be deemed to include, without limitation, Buyer's strategy, as determined
by Buyer in its reasonable judgment, for compliance with Environmental-Related Requirements.
11A.02 A change in Environmental-Related Requirements shall be deemed to have occurred in any one or
more of the following circumstances:
(a) there is any increase or decrease in existing Environmental-Related Requirements;
(b) Buyer decides, in its reasonable judgment, to change its environmental compliance strategy to
comply with any existing Environmental-Related Requirements; provided, however, that Buyer
shall not deem changes in economic coal market conditions to be the determining factor in
making its reasonable judgment determination to change its compliance strategy; or
(c) a new Environmental-Related Requirement is imposed on Buyer as a result of any federal or
state law, administrative regulation or ruling, local ordinance, court order or decision, or any re-
vision in the interpretation or implementation of such law, regulation, ruling, ordinance, order or
decision.
The Parties acknowledge and agree that a change in Environmental-Related Requirements may
occur even though (i) such requirement is stated as a restriction, limitation, or obligation imposed on
Buyer and its affiliates or some other group of utilities or (ii) such requirement affects Buyer in a
general way and is not directed at specific plants, fuels, fuel supplies, or other operating conditions.
11A.03 The Parties acknowledge and agree that the provisions of Article 11A are intended to provide rights
not provided under Article 11 and that the price, quality specifications, quantity, and destination(s) of
Coal to be supplied under each Transaction are predicated on Environmental-Related Require-
ments that are known and in effect as of the Confirmation Date for the Transaction. For purposes of
this Section 11A.03, an Environmental-Related Requirement shall not be deemed to be "known" if it
relates to any federal or state law, administrative regulation or ruling, local ordinance, or court order