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Case 1:20-bk-12043 Doc 454-1 Filed 10/06/20 Entered 10/06/20 15:40:33 Desc <br /> Exhibit A Page 3 of 31 <br /> ARTICLE I <br /> GENERAL TERMS; SCOPE <br /> Section 1.1 Recitals. The recitals set forth above are hereby incorporated in and made <br /> a pact of this Agreement. <br /> Section 1.2 Defined Tenns. Capitalized terms used herein shall have the following <br /> meanings; <br /> (a) "Affiliates"means any individual,corporation,partnership,limited liability <br /> company, or other entity that, now or in the future, directly or indirectly through one oc more <br /> intermediaries, controls, is controlled by, oc is under common control with the given entity. For <br /> this purpose, "control" means possession, directly or indirectly, of power to direct or cause the <br /> direction of management oc policies (whether tiu•ough ownership of securities oc other ownership <br /> interest, by contract or otherwise). <br /> (b) "Agreement" has the meaning set forth in the Preamble. <br /> (c) "CAM" has the meaning set forth in the Preamble. <br /> (d) "Coal Lease"has the meaning set forth in the recitals. <br /> (e) "Columbia" has the meaning set forth in the Preamble. <br /> (f) "Consideration" has the meaning set forth in Section 3.1(0. <br /> (g) "Easement" has the meaning set forth in the recitals. <br /> (h) "Easement Agreement" has the meaning set forth in Section 4.1. <br /> (i) "Effective Date" has the meaning set forth in the Preamble. <br /> Q) "Environmental Law" means the Resource Conservation and Recovery Act <br /> of 1987, the Comprehensive Environmental Response, Compensation and Liability Act, any so- <br /> called "Supecfund" oc"Supeclien" law, the Toxic Substances Control Act and any other federal, <br /> state, or local statute, law, ordinance, code, rule, regulation, order, or decree regulating, relating <br /> to, or imposing liability or standards of conduct concerning any Hazardous Materials or any other <br /> hazardous,toxic, or dangerous waste, substance, or constituent or other substance, whether solid, <br /> liquid, or gas, as now or at any time hereafter in effect. <br /> (k) "FERC" means the Federal Energy Regulatory Commission. <br /> (1) "Hazardous Materials" means any hazardous substance, hazardous waste, <br /> oc pollutant occontaminant defined as such in(oc f'oc the purposes of)any Environmental Law and <br /> shall include, without limitation, any radioactive material (including, without limitation, any <br /> 2 <br />