exv10w26







Exhibit 10.26




Tennessee Valley Authority

Coal Acquisition & Supply

1101 Market Street, MR 2A

Chattanooga, Tennessee 37402-2801


CONTRACT SUPPLEMENT




	 	 	 	 	 	 	 	 	 

	TO:

	 	Armstrong Coal Company, Inc.
	 	Supplement No.
	 	2	 
	 

	 	7701 Forsyth Boulevard - 10th Floor
	 	Date
	 	October 9, 2009

	 

	 	St. Louis, Missouri 63105
	 	Group-Contract No.
	 	635-40685	 
	 

	 	 	 	Plant
	 	Various

	 

	 	 	 	Name of Mine
	 	Various






Attention: Mr. Martin Wilson



This confirms the October 1, 2009, agreement reached between both parties relative to freeze
proofing deliveries under the subject contracts.



As agreed, the freeze proofing products that will be applied to TVA’s shipments will be
FreeFlowFC-100 for body feed application and FreeFlowSR-300 for side car release application. Both
products are manufactured by AKJ Industries, and will be applied to coal loaded for TVA’s fossil
plants as follows:





	1.	 	Unless TVA notifies contractor otherwise, anytime the temperature at contractor’s
loading facility is below 27 degrees Fahrenheit during the loading process, contractor will
apply approximately 2 pints of FreeFlowFC-100 to each ton of coal being loaded into
railcars at Contractor’s facilities. This amount may be adjusted by mutual agreement of
the parties to reduce the risk of frozen coal being delivered to TVA’s plants. The
exception to this rule applies in the event a cooling period is moving into the area in 48
hours, dropping the temperature for an extended period of time.
	 
	2.	 	The cost to TVA for applying FreeFlowFC-100 will be $2.00 per gallon or $.50 per 2 pint
application.
	 
	3.	 	The cost to TVA for applying the side care release
application, FreeFlowSr-300, upon
TVA’s request, will be $2.80 per gallon or $.35 per 1 pint application.
	 
	4.	 	Contractor will invoice separately for the cost of applying
FreeFlowFC-100 and FreeFlowSR-300. Each invoice and all correspondence relating to the application of the freeze
conditioning substance(s) should clearly reflect the Contract number, Traffic Control
Number, and the cost of such treatment. Invoices for freeze conditioning should be sent
to the attention of Connie Gazaway at Tennessee Valley Authority, 1101 Market Street,
MR 2A, Chattanooga, Tennessee 37402-2801.
	 
	 	 	Please complete the acceptance below and return the copy of this contract supplement to
this office. You should retain the original for your file.




 









 












	 	 	In the event Contractor fails to execute this Supplement in the acceptance space provided
below or fails to return such executed Supplement to TVA, shipment of coal to TVA following
the date of Contractor’s receipt of this Supplement shall constitute an acceptance by
Contractor of all the terms and conditions of this Supplement, unless within five (5)
business days of the date of receipt of this Supplement, Contractor notifies TVA, both
orally and in writing that this Supplement is not accepted.





	 	 	 	 	 	 	 

	Accepted

	 	Armstrong Coal Co.	 	TENNESSEE VALLEY AUTHORITY	 	 
	 

	 	 	 	 	 	 
	 

	 	Company	 	 	 	 
	 
	 	 	 	 	 	 
	By

	 	/s/ Martin D. Wilson	 	/s/ Connie S. Gazaway	 	 
	 

	 	 

Signature
	 	 

Connie S. Gazaway
	 	 
	 

	 	 	 	Fuel Transportation Specialist	 	 
	 
	 	 	 	 	 	 
	President
	 	/s/ 	 	 
	 	 	 	 	 
	Title

	 	 	 	Contract Support Specialist	 	 
	 
	 	 	 	 	 	 
	11/5/09
	 	/s/ 	 	 
	 	 	 	 	 
	Date

	 	 	 	Manager of Coal Supply