GENERAL33106

• Permit No: C1981011
• IBM Index Class Name: General Documents
• Doc Name: AVS File
• Permit Index Doc Type: AVS
• Media Type: D
• Archive: No

.APR-07-03 03:27AA4 FROM-ALBERTSON AND JONES 304-345-245G T-5T1 P 04/05 F-'t1B
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excluded Assets and bi i irs
AU assets of the Company and the Relevant Subsidiaries relatul to or used in present
or former operations or reserves in arty state other than Kentucky and West Virginia,
including without limitation in the states of Alabama, Co]orado, Illinois, Indiana,
Louisiana, Michigan, ohio azid Wisconsin.
2. The Identified Iimployces, including any liabilities relating thereto.
3. All liabilities of the Company or any Relevant Subsidiary relating to of arising from its
current or former operations, its ownership, sale, or disposition of assets, or its
empIoyntent of individuals, in any state other than Kentucky and West Virginia,
including without limitation is the states of Alabama, L'olorado, Indiana, Ulinois,
Louisiana, Michigan, Ohio and Wisconsia.
4. All assets and liabilities, and the corporate entity, of all subsidiaries of rite Company
other than the Relevant. Subsidiaries including, but not limited to, the following:
Sttalaad Mining Corporation, Cnsmla iris., Contain Mining (Doles Tiflis} Iris. roof
-' Contain Miaiag Services Inc.
5. 'The litigation listed on Schedule 1.1(5) aaached hereto and ail liabilities and vests
t+elated thereto, including, but nor limited to, any recorded in the Financial Statements.
6. The taatter~ listed oa Schedule 1.1(6) attached hereto, relating to the Compazry or the
Relevant Subsidiaries, and ail liabilities and costs related thereto, including, but not
Iimited to, aay recorded in the Fiaaacial Statements.
7. Any a~ aA coatiageat liabilities of the Company or aay Relevant Subsidiary relating
to the tnattets assumed by the buyer of the Company's Alabama operatiotu, including
bur not limited w those listed oa Schedule 1.1('n attached hereto and any rewrded in
the Financial Statements.
8. A11 rights and obligations of the Company or aay Rdevazt[ Subsidiary under two leases
in respect of loagwall mining equipment (the "Helen Shields") as follows:
a. Assigtuncat, Assumption, Consent and Agreement dated July 29, 1993, between
the Helen Mining Cotapaay, et al. and the Company.
b. Sublease and Assumption Agreement, dated August 1, 1994, betwrxn the Hcka
Mining Company and Contain Coal Inc.

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