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El <br />5. General Power Contract Provisions: The General Power Contract Provisions (GPCPs), <br />effective September 1, 2007, enclosed herein, are hereby made a part of this Agreement <br />the same as if they had been expressly set forth herein; Provided, That Articles 2 through <br />30 and 37.2 shall not be applicable hereunder; Provided Further, That if the provisions in <br />the GPCPs are in conflict with this Agreement, the terms of this Agreement shall control. <br />6. Term: This Agreement shall become effective upon the date signed by Peabody and will <br />remain in effect until either: (1) one (1) year after execution of this Agreement, (2) if <br />anticipated mining operations described above are cancelled, or (3) a Long Term Mining, <br />Monitoring, and Repairs Agreement has been approved by both parties. <br />7. Authority to Execute: Each individual signing this Agreement certifies that the Party <br />represented has duly authorized such individual to execute this Agreement that binds and <br />obligates the Party. <br />If the above provisions are satisfactory and meet with your approval, please sign, date, attest, and <br />certify both originals of this Agreement, and return one (1) original Agreement to one of the <br />following addresses: <br />If by First Class Mail: <br />Western Area Power Administration <br />Rocky Mountain Regional Office <br />ATTN: Mr. Tim Ellis, J6207 <br />P.O. Box 3700 <br />Loveland, CO 80539 -3003 <br />If by Overnight Delivery: <br />Western Area Power Administration <br />Rocky Mountain Regional Office <br />ATTN: Mr. Tim Ellis, J6207 <br />5555 East Crossroads Boulevard <br />Loveland, CO 80538 <br />The signed original Agreement should be returned to Western within thirty (30) calendar days of <br />the date written above. If this Agreement is not returned within thirty (30) calendar days, <br />Western may rescind the proposal offered under this Agreement. <br />Any questions related to Western's responsibilities to be performed under this Agreement should <br />be directed to Mr. Randy Medicine Bear at (970) 461 -7283, and any contractual issues should be <br />directed to Mr. Tim Ellis at (970) 461 -7526. <br />Sincerely, <br />Bradley S. Warren <br />Regional Manager <br />Enclosure <br />