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C. Equipment. All underground and surface mining equipment,
<br />materials handling and processing equipment, and other personal
<br />property owned by Mid - Continent that comprise and have been used in
<br />the operation of the Mine Site, Load -Out Site, Carbondale
<br />Industrial Park, and Carbondale Fabrication Shop, including, by
<br />way of example, but not limited to, mining machines, rolling stock,
<br />structures [e.g. warehouses, bathhouse, offices, coal preparation
<br />plant with thermal dryers, and storage structures, but excluding
<br />concrete and cinder block portions of structures and excluding
<br />masonry foundation and pads within or outside metal buildings; also
<br />excluding office building and contents thereof at the Load -Out Site
<br />and structures located at the Carbondale Industrial Park and the
<br />Carbondale Fabrication Shop], tractors and motors, electrical
<br />substations and equipment [excluding the 69 KV 20 megawatt
<br />substation and meter station owned by Public Service Company of
<br />Colorado], generators, conveyor belt installations, (excluding
<br />foundation and pads therefor), copper wiring, loading equipment and
<br />surface structures), three warehouses and their contents, including
<br />warehoused mining and office equipment, materials and furniture,
<br />the load -out station and structure at the load -out site, including
<br />all those items still in place described in an inventory,
<br />previously supplied by Mid - Continent to Contractor (not audited by
<br />Contractor).
<br />D. Jobsites. Collectively, the Mine Site, the Load -Out
<br />Site, and the Industrial Park and Fabrication Shop owned by Mid -
<br />Continent and located in Carbondale, Colorado.
<br />E. Load -Out Site. A tract of land approximately 1.5 miles
<br />easterly of Carbondale, Colorado in Garfield County as shown on map
<br />of permitted area under MLRD Permit No. C -81 -017 on which is
<br />located the unit train Load -Out Site with ancillary belt conveyors,
<br />dumping and load -out structures, but excluding the two office
<br />buildings and the contents thereof.
<br />F. Mine Site. The area located within MLRD Permit C -81 -017
<br />as shown on map of Property Holdings No. 1 -A -1, including but not
<br />limited to the Dutch Creek Mine, the Bear Creek Mine, the L. S.
<br />Wood Mine, the Number Five Mine, and the Coal Creek Preparation
<br />Plant.
<br />G. Project. The specific overall activity of Contractor of
<br />which the work forms a part.
<br />H. Net Sales Proceeds. With respect to each sale of
<br />Equipment under this Contract, the gross sales price less (i)
<br />sales, use, gross receipts, or similar taxes, if any, (ii) crating,
<br />transportation, or other shipping costs and insurance related
<br />thereto, if any, and (iii) Costs of the Work, as such term is
<br />described in Section III below.
<br />I. Subcontractor. A person, firm, corporation or other
<br />entity at any level of the work retained directly or indirectly by
<br />Contractor to perform a part of Contractor's obligations under the
<br />Contract Documents.
<br />08/13/92(12)
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