Exhibit 10.2


 


Execution
Version


 


 


CONTRIBUTION
AGREEMENT


 


AMONG


 


EQUITABLE PRODUCTION COMPANY


 


EQUITABLE
GATHERING EQUITY, LLC


 


PINE MOUNTAIN OIL
AND GAS, INC.


 


AND


 


NORA GATHERING, LLC


 


Dated as of April 13,
2007


 

















 


TABLE OF CONTENTS


 


	
   

  	
   

  	
  Page

  
	
   

  	
   

  
	
  ARTICLE 1 ASSETS
  CONTRIBUTION

  	
  1

  
	
  Section 1.1

  	
  Contribution of Assets

  	
  1

  
	
  Section 1.2

  	
  Assets

  	
  2

  
	
  Section 1.3

  	
  Excluded Assets

  	
  2

  
	
  Section 1.4

  	
  Certain Definitions

  	
  3

  
	
  Section 1.5

  	
  Effective
  Time; Proration of Costs and Revenues

  	
  6

  
	
  Section 1.6

  	
  Intentions
  of the Parties

  	
  7

  
	
   

  	
   

  	
   

  
	
  ARTICLE 2 CASH CONTRIBUTION, DISTRIBUTIONS AND LOANS

  	
  7

  
	
  Section 2.1

  	
  Cash
  Contribution

  	
  7

  
	
  Section 2.2

  	
  Effective
  Time Adjustment

  	
  7

  
	
  Section 2.3

  	
  Cash
  Distributions and Loans

  	
  9

  
	
  Section 2.4

  	
  Capital
  Account Balances

  	
  9

  
	
   

  	
   

  	
   

  
	
  ARTICLE 3 TITLE MATTERS

  	
  9

  
	
  Section 3.1

  	
  Title

  	
  9

  
	
  Section 3.2

  	
  Definitions
  of Defensible Title and Permitted Encumbrances

  	
  10

  
	
  Section 3.3

  	
  Notice
  of Asserted Title Defects; Defect Adjustments

  	
  12

  
	
  Section 3.4

  	
  Consents
  to Assignment and Preferential Rights to Purchase

  	
  15

  
	
  Section 3.5

  	
  Casualty
  or Condemnation Loss

  	
  16

  
	
   

  	
   

  	
   

  
	
  ARTICLE 4 REPRESENTATIONS AND WARRANTIES OF EQUITABLE

  	
  16

  
	
  Section 4.1

  	
  Disclaimers

  	
  16

  
	
  Section 4.2

  	
  EPC

  	
  18

  
	
  Section 4.3

  	
  EGEL

  	
  18

  
	
  Section 4.4

  	
  Liability
  for Brokers’ Fees

  	
  19

  
	
  Section 4.5

  	
  Consents,
  Approvals or Waivers

  	
  19

  
	
  Section 4.6

  	
  Litigation

  	
  20

  
	
  Section 4.7

  	
  Taxes

  	
  20

  
	
  Section 4.8

  	
  Environmental
  Laws

  	
  20

  
	
  Section 4.9

  	
  Compliance
  with Laws

  	
  21

  
	
  Section 4.10

  	
  Contracts

  	
  21

  
	
  Section 4.11

  	
  Permits,
  etc.

  	
  21

  
	
  Section 4.12

  	
  Outstanding
  Capital Commitments

  	
  21

  
	
  Section 4.13

  	
  Abandonment

  	
  21

  
	
  Section 4.14

  	
  Condition
  of Equipment, etc.

  	
  22

  
	
  Section 4.15

  	
  Payments
  of Property Costs

  	
  22

  
	
  Section 4.16

  	
  Absence
  of Certain Events

  	
  22

  
	
  Section 4.17

  	
  Regulatory
  Matters

  	
  22

  
	
  Section 4.18

  	
  Information

  	
  22

  
	
  Section 4.19

  	
  Sole
  Member

  	
  22

  



 


i

















 


	
  ARTICLE 5 REPRESENTATIONS AND WARRANTIES OF PMOG

  	
  22

  
	
  Section 5.1

  	
  Existence
  and Qualification

  	
  22

  
	
  Section 5.2

  	
  Power

  	
  23

  
	
  Section 5.3

  	
  Authorization
  and Enforceability

  	
  23

  
	
  Section 5.4

  	
  No
  Conflicts

  	
  23

  
	
  Section 5.5

  	
  Liability
  for Brokers’ Fees

  	
  23

  
	
  Section 5.6

  	
  Consents,
  Approvals or Waivers

  	
  23

  
	
  Section 5.7

  	
  Litigation

  	
  24

  
	
  Section 5.8

  	
  Financing

  	
  24

  
	
  Section 5.9

  	
  Independent
  Investigation

  	
  24

  
	
  Section 5.10

  	
  Equitable Information

  	
  24

  
	
   

  	
   

  	
   

  
	
  ARTICLE 6 REPRESENTATIONS AND WARRANTIES OF THE COMPANY

  	
  24

  
	
  Section 6.1

  	
  Existence
  and Qualification

  	
  24

  
	
  Section 6.2

  	
  Valid
  Issuance

  	
  25

  
	
  Section 6.3

  	
  Power

  	
  25

  
	
  Section 6.4

  	
  Authorization
  and Enforceability

  	
  25

  
	
  Section 6.5

  	
  No
  Conflicts

  	
  25

  
	
  Section 6.6

  	
  Consents,
  Approvals or Waivers

  	
  25

  
	
  Section 6.7

  	
  Litigation

  	
  26

  
	
   

  	
   

  	
   

  
	
  ARTICLE 7 COVENANTS OF THE PARTIES

  	
  26

  
	
  Section 7.1

  	
  Access

  	
  26

  
	
  Section 7.2

  	
  Indemnity
  Regarding Access

  	
  26

  
	
  Section 7.3

  	
  Pre-Closing
  Notifications

  	
  26

  
	
  Section 7.4

  	
  Confidentiality,
  Public Announcements

  	
  27

  
	
  Section 7.5

  	
  Governmental
  Reviews

  	
  28

  
	
  Section 7.6

  	
  Tax
  Matters

  	
  28

  
	
  Section 7.7

  	
  Further
  Assurances

  	
  30

  
	
  Section 7.8

  	
  Assumption
  of Obligations

  	
  30

  
	
  Section 7.9

  	
  Pipeline
  Agreement

  	
  30

  
	
  Section 7.10

  	
  Operation
  of Assets

  	
  31

  
	
  Section 7.11

  	
  Financial
  Information

  	
  31

  
	
  Section 7.12

  	
  Termination
  of Gas Gathering Agreement

  	
  31

  
	
   

  	
   

  	
   

  
	
  ARTICLE 8 CONDITIONS TO CLOSING

  	
  32

  
	
  Section 8.1

  	
  Conditions
  of Equitable to Closing

  	
  32

  
	
  Section 8.2

  	
  Conditions
  of PMOG to Closing

  	
  33

  
	
   

  	
   

  	
   

  
	
  ARTICLE 9 CLOSING

  	
  34

  
	
  Section 9.1

  	
  Time
  and Place of Closing

  	
  34

  
	
  Section 9.2

  	
  Closing
  Deliveries of Equitable

  	
  34

  
	
  Section 9.3

  	
  Closing
  Deliveries of PMOG

  	
  35

  
	
  Section 9.4

  	
  Closing
  Deliveries of the Company

  	
  36

  
	
   

  	
   

  	
   

  
	
  ARTICLE 10 TERMINATION AND AMENDMENT

  	
  36

  
	
  Section 10.1

  	
  Termination

  	
  36

  



 


ii

















 


	
  Section 10.2

  	
  Effect
  of Termination

  	
  37

  
	
   

  	
   

  	
   

  
	
  ARTICLE 11 INDEMNIFICATIONS; LIMITATIONS

  	
  37

  
	
  Section 11.1

  	
  Indemnification

  	
  37

  
	
  Section 11.2

  	
  Indemnification
  Actions

  	
  40

  
	
  Section 11.3

  	
  Limitation
  on Actions

  	
  41

  
	
   

  	
   

  	
   

  
	
  ARTICLE 12 MISCELLANEOUS

  	
  43

  
	
  Section 12.1

  	
  Receipts

  	
  43

  
	
  Section 12.2

  	
  Property
  Costs

  	
  43

  
	
  Section 12.3

  	
  Counterparts

  	
  43

  
	
  Section 12.4

  	
  Notices

  	
  43

  
	
  Section 12.5

  	
  [Intentionally
  Omitted]

  	
  44

  
	
  Section 12.6

  	
  Expenses

  	
  44

  
	
  Section 12.7

  	
  Replacement
  of Bonds, Letters of Credit and Guarantees

  	
  44

  
	
  Section 12.8

  	
  Governing
  Law; Jurisdiction; Court Proceedings

  	
  45

  
	
  Section 12.9

  	
  Records

  	
  45

  
	
  Section 12.10

  	
  Captions

  	
  45

  
	
  Section 12.11

  	
  Waivers

  	
  45

  
	
  Section 12.12

  	
  Assignment

  	
  45

  
	
  Section 12.13

  	
  Entire
  Agreement

  	
  46

  
	
  Section 12.14

  	
  Amendment

  	
  46

  
	
  Section 12.15

  	
  No
  Third Person Beneficiaries

  	
  46

  
	
  Section 12.16

  	
  References

  	
  46

  
	
  Section 12.17

  	
  Construction

  	
  47

  
	
  Section 12.18

  	
  Limitation
  on Damages

  	
  47

  
	
  Section 12.19

  	
  Attorneys’
  Fees

  	
  47

  



 


iii

















 


EXHIBITS:


 


	
  Exhibit A-1

  	
   

  	
  Gathering Assets

  
	
  Exhibit A-2

  	
   

  	
  Water Disposal
  Wells; Other Excluded Assets

  
	
  Exhibit A-3

  	
   

  	
  Equipment, Machinery,
  Fixtures and Other Tangible Personal Property and Improvements

  
	
  Exhibit A-4

  	
   

  	
  Other Excluded
  Assets

  
	
  Exhibit A-5

  	
   

  	
  Delinquent Liens
  for Current Taxes or Assessments

  
	
  Exhibit A-6

  	
   

  	
  Delinquent Liens
  Arising in the Ordinary Course of Business

  
	
  Exhibit B

  	
   

  	
  Form of
  Conveyance

  
	
  Exhibit C

  	
   

  	
  Form of
  Amended and Restated Limited Liability Company Agreement of Nora Gathering,
  LLC

  
	
  Exhibit D

  	
   

  	
  Form of
  Assignment of Easement Agreement

  
	
  Exhibit E

  	
   

  	
  Form of
  Note

  
	
  Exhibit F

  	
   

  	
  Permitted
  Encumbrances

  
	
  Exhibit G

  	
   

  	
  Form of
  Gathering Agreement

  
	
  Exhibit H

  	
   

  	
  Form of Gas
  Purchase Agreement

  
	
  Exhibit I

  	
   

  	
  [Intentionally
  Omitted]

  
	
  Exhibit J

  	
   

  	
  [Intentionally
  Omitted]

  
	
  Exhibit K

  	
   

  	
  Nora-T Line

  
	
  Exhibit L

  	
   

  	
  Form of
  Change of Control Agreement

  
	
  Exhibit M

  	
   

  	
  Form of
  Equitable Guaranty

  
	
  Exhibit N

  	
   

  	
  Form of
  Range Guaranty

  
	
  Exhibit O

  	
   

  	
  Form of
  Interconnect Agreement

  
	
   

  	
   

  	
   

  
	
  SCHEDULES:

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Schedule 4.2(d)

  	
   

  	
  Conflicts (EPC)

  
	
  Schedule 4.3(d)

  	
   

  	
  Conflicts (EGEL)

  
	
  Schedule 4.5

  	
   

  	
  Consents,
  Approvals or Waivers (EPC and EGEL)

  
	
  Schedule 4.6A

  	
   

  	
  Litigation

  
	
  Schedule 4.6B

  	
   

  	
  Litigation

  
	
  Schedule 4.7

  	
   

  	
  Taxes and
  Assessments

  
	
  Schedule 4.9

  	
   

  	
  Compliance with
  Laws

  
	
  Schedule 4.10

  	
   

  	
  Contracts

  
	
  Schedule 4.11

  	
   

  	
  Permits

  
	
  Schedule 4.12

  	
   

  	
  Outstanding
  Capital Commitments

  
	
  Schedule 4.13

  	
   

  	
  Abandonment

  
	
  Schedule 4.14

  	
   

  	
  Condition of
  Equipment, etc.

  
	
  Schedule 4.16

  	
   

  	
  Certain Events

  
	
  Schedule 7.10

  	
   

  	
  Operation of
  Assets

  



 


iv

















 


Index of Defined Terms


 


	
  Defined Term

  	
   

  	
  Section

  
	
   

  	
   

  	
   

  
	
  Affiliate

  	
   

  	
  Section 1.4(a)

  
	
  Agreement

  	
   

  	
  Preamble

  
	
  Assets

  	
   

  	
  Section 1.2

  
	
  Asserted Title Defect

  	
   

  	
  Section 3.2(a)

  
	
  Asserted Title Defect
  Amount

  	
   

  	
  Section 3.3(c)

  
	
  Business Day

  	
   

  	
  Section 1.4(c)

  
	
  Cash Contribution

  	
   

  	
  Section 2.1

  
	
  Change of Control
  Agreement

  	
   

  	
  Section 9.2(g)

  
	
  Chosen Court

  	
   

  	
  Section 12.8

  
	
  Claim

  	
   

  	
  Section 11.2(b)

  
	
  Claim Notice

  	
   

  	
  Section 11.2(b)

  
	
  Closing

  	
   

  	
  Section 9.1

  
	
  Closing Date

  	
   

  	
  Section 9.1

  
	
  Closing Payment

  	
   

  	
  Section 2.2(a)

  
	
  Company

  	
   

  	
  Preamble

  
	
  Company Indemnified
  Persons

  	
   

  	
  Section 11.1(b)

  
	
  Consents

  	
   

  	
  Section 4.5

  
	
  Contracts

  	
   

  	
  Section 1.2(b)

  
	
  Conveyance

  	
   

  	
  Section 9.2(a)

  
	
  Damages

  	
   

  	
  Section 11.1(e)

  
	
  Defensible Title

  	
   

  	
  Section 3.2(a)

  
	
  Easements

  	
   

  	
  Section 1.2(c)

  
	
  Equitable

  	
   

  	
  Preamble

  
	
  Equitable Indemnified
  Persons

  	
   

  	
  Section 11.1(c)

  
	
  Effective Time

  	
   

  	
  Section 1.4(d)

  
	
  Effective Time
  Adjustment

  	
   

  	
  Section 2.2(a)

  
	
  EGEL

  	
   

  	
  Preamble

  
	
  Encumbrances

  	
   

  	
  Section 3.2(a)

  
	
  Environmental Laws

  	
   

  	
  Section 4.8

  
	
  EPC

  	
   

  	
  Preamble

  
	
  Equitable

  	
   

  	
  Preamble

  
	
  Exchange Act

  	
   

  	
  Section 1.4(e)

  
	
  Excluded Assets

  	
   

  	
  Section 1.3

  
	
  Execution Date

  	
   

  	
  Preamble

  
	
  Exploration Agreement

  	
   

  	
  Section 1.4(f)

  
	
  Exploration Agreement
  PMOG Area

  	
   

  	
  Section 1.4(g)

  
	
  Gathering Agreement

  	
   

  	
  Section 9.2(e)

  
	
  Gathering Assets

  	
   

  	
  Section 1.2(a)

  
	
  Governmental Authority

  	
   

  	
  Section 1.4(h)

  
	
  Governmental Permits

  	
   

  	
  Section 4.11

  
	
  HSR Act

  	
   

  	
  Section 7.5

  
	
  Hydrocarbons

  	
   

  	
  Section 1.4(i)

  



 


v

















 


	
  Indemnified Person

  	
   

  	
  Section 11.2(a)

  
	
  Indemnifying Person

  	
   

  	
  Section 11.2(a)

  
	
  Laws

  	
   

  	
  Section 1.4(j)

  
	
  Letter of Intent

  	
   

  	
  Section 12.13

  
	
  LLC Agreement

  	
   

  	
  Section 9.2(d)

  
	
  Material Adverse Effect

  	
   

  	
  Section 4.1(d)

  
	
  New Easement Agreement

  	
   

  	
  Section 9.3(d)

  
	
  New Lease

  	
   

  	
  Section 1.4(k)

  
	
  Nora Field

  	
   

  	
  Section 1.4(l)

  
	
  Nora-T Line

  	
   

  	
  Section 1.4(m)

  
	
  Original Lease

  	
   

  	
  Section 1.4(n)

  
	
  Party; Parties

  	
   

  	
  Preamble

  
	
  Party Lawsuit

  	
   

  	
  Section 1.4(o)

  
	
  Permitted Encumbrances

  	
   

  	
  Section 3.2(b)

  
	
  Person

  	
   

  	
  Section 1.4(p)

  
	
  Pipeline Agreement

  	
   

  	
  Recitals

  
	
  PMOG

  	
   

  	
  Preamble

  
	
  PMOG Indemnified
  Persons

  	
   

  	
  Section 11.1(b)

  
	
  Pre-Closing Taxable
  Period

  	
   

  	
  Section 7.6(c)

  
	
  Preferential Rights

  	
   

  	
  Section 4.5

  
	
  Property Costs

  	
   

  	
  Section 1.5(c)

  
	
  Purchase Agreement

  	
   

  	
  Section 1.4(q)

  
	
  Records

  	
   

  	
  Section 1.4(r)

  
	
  Scheduled Transfer
  Requirements

  	
   

  	
  Section 4.5(a)

  
	
  SEC

  	
   

  	
  Section 1.4(s)

  
	
  Securities Act

  	
   

  	
  Section 1.4(t)

  
	
  Statements of Revenues
  and Expenses

  	
   

  	
  Section 7.11

  
	
  Straddle Taxable Period

  	
   

  	
  Section 7.6(c)

  
	
  Tax

  	
   

  	
  Section 1.4(u)

  
	
  Tax Return

  	
   

  	
  Section 1.4(v)

  
	
  Termination Date

  	
   

  	
  Section 10.1

  
	
  Title Arbitrator

  	
   

  	
  Section 3.3(f)

  
	
  Title Claim Date

  	
   

  	
  Section 3.3(a)

  
	
  Title Defects

  	
   

  	
  Section 3.2(a)

  
	
  Transaction Documents

  	
   

  	
  Section 12.13

  
	
  Transfer Taxes

  	
   

  	
  Section 1.4(w)

  



 


vi

















 


CONTRIBUTION AGREEMENT


 


This Contribution Agreement (this “Agreement”), dated as of April 13,
2007, (the “Execution Date”) is by and among Equitable Production Company, a
Pennsylvania corporation (“EPC”), Equitable Gathering Equity, LLC, a Delaware
limited liability company (“EGEL”, and, collectively with EPC, “Equitable”),
Pine Mountain Oil and Gas, Inc., a Virginia corporation (“PMOG”), and Nora
Gathering, LLC, a Delaware limited liability company (the “Company”).  EPC, EGEL, PMOG and the Company are sometimes
referred to herein, collectively, as the “Parties” and, individually, as a “Party.”


 


RECITALS:


 


WHEREAS, EPC and EGEL are the owners of various natural gas pipeline
gathering facilities and pipelines, commonly known as the Nora Gas Gathering
System (including the Nora-T pipeline), located in Dickenson, Buchanan, Wise
and Russell Counties, Virginia, and used in the gathering of natural gas from
the Nora Field, as further described herein;


 


WHEREAS, such gathering facilities
and pipelines are situated upon, through and/or under various
properties, which are owned or held by EPC, PMOG, and/or EGEL by virtue of
various agreements or conveyances;


 


WHEREAS, EPC and EGEL have entered into that certain Pipeline Agreement
dated as of January 1, 2005 (the “Pipeline Agreement”), for the lease
and/or sublease of facilities and pipelines relating to such gathering system;


 


WHEREAS, Equitable desires to contribute such gathering facilities and
pipelines, together with all of Equitable’s other rights, titles and interests
in and to such gathering facilities  and pipelines and the Pipeline Agreement, to the Company on the terms and
conditions hereinafter set forth; and


 


WHEREAS, PMOG desires to contribute a specified amount of cash and
certain assets to the Company on the terms and conditions hereinafter set
forth.


 


NOW, THEREFORE, in consideration of the premises and of the mutual
promises, representations, warranties, covenants, conditions and agreements
contained herein, and for other valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties agree as follows:


 


ARTICLE
1


ASSETS CONTRIBUTION


 


Section 1.1          Contribution of Assets.  On the terms and conditions contained in this
Agreement, Equitable agrees to contribute to the Company and the Company agrees
to accept


 


1

















 


from Equitable the Assets.  As
consideration for the contribution of the Assets, the Company shall issue to
EGEL a fifty percent (50%) membership interest in the Company.


 


Section 1.2            Assets.  “Assets” means all of the right, title and
interest of Equitable in and to the following:


 


(a)   the
gas gathering system, facilities, compressors, pipelines, pig and other
stations and Easements described on Exhibit A-1 (the “Gathering Assets”);


 


(b)   all
presently existing contracts, agreements and instruments by which the Assets
are bound or subject, including operating agreements, pipeline agreements,
declarations and orders, exchange agreements, and transportation agreements,
but excluding any contract, agreement or instrument to the extent that (1) transfer is restricted by
third-party agreement or applicable Law, (2) Equitable  is unable to obtain, using commercially
reasonable efforts, a waiver of, or otherwise satisfy, such transfer
restriction  (provided  that  Equitable  shall  not  be  required
to provide consideration or undertake  obligations
to or for the benefit of  the
holders of such rights in order to obtain any necessary consent or waiver), and
(3) the failure to obtain such
waiver or satisfy such transfer restriction would cause a termination of such contract,
agreement or instrument or a material impairment of the rights thereunder
(subject to such exclusions, the “Contracts”);


 


(c)   all
easements, permits, licenses, servitudes, rights-of-way, surface leases and
other surface rights appurtenant to, and used or held for use primarily in
connection with, the Gathering Assets or other Assets (the “Easements”),
including those Easements described on Exhibit A-1, but excluding any of
the foregoing to the extent that (1) transfer is restricted by third-party
agreement or applicable Law, (2) Equitable is unable
to obtain, using commercially reasonable efforts, a waiver of, or otherwise
satisfy, such transfer restriction (provided that Equitable shall not be
required to provide consideration or undertake obligations to or for the
benefit of the holders of such rights in order to obtain any necessary consent
or waiver), and (3) the failure to obtain such waiver or satisfy such
transfer restriction would cause a termination of such permit or other
instrument or a material impairment of the rights thereunder;


 


(d)   all
gathering lines, pipelines, compressors, equipment, machinery, fixtures and
other tangible personal property and improvements used or held for use
primarily in connection with the ownership or operation of the Gathering Assets
or other Assets, but excluding any such items included in the Excluded Assets;
and


 


(e)   the
Records.


 


Section 1.3          Excluded Assets.  Notwithstanding anything to the contrary
contained herein, the Assets shall not include, and the following are excepted,
reserved and excluded from the transactions contemplated hereby (collectively,
the “Excluded Assets”):


 


2

















 


(a)   all
water disposal wells, and any transfer facility, loadout facility or other
facility associated with such water disposal wells, primarily used in
connection with the disposal of produced water derived from or otherwise
attributable to any of the wells that produce gas transported through the
Gathering Assets, including those water disposal wells and associated
facilities described on Exhibit A-2;


 


(b)   all
corporate, financial, income and franchise tax and legal records of Equitable
that relate to Equitable’s business generally (other than those relating
primarily to the Assets), and all books, records and files that relate to the
Excluded Assets and copies of any Records retained by Equitable;


 


(c)   (i) equipment,
machinery, fixtures and other tangible property and improvements described on Exhibit A-3
attached hereto; (ii) computers and peripheral equipment related to such
equipment; (iii) communication and telecommunication equipment including
but not limited to radios, towers, and networking equipment; (iv) custom
applications and databases; (v) measurement and data collection devices;
and (vi) software and associated licenses, including but not limited to
any software relating to the SCADA System, Enertia, Altra, Flow-Cal, Talon,
Aries, Production Access, Pre-drill Manager, Geographix, Synergy, and CygNet;


 


(d)   all
rights and all obligations of  Equitable
with respect to any refund or payment of Taxes or other costs or expenses borne
by Equitable or Equitable’s predecessors in interest and title attributable to
the Assets and the period prior to the Effective Time;


 


(e)   all
rights and all obligations of Equitable with respect to the claims and causes
of action relating to the Assets that accrued or arose prior to the Effective
Time (other than claims or causes of action for proceeds to which the Company
is entitled under Section 1.5(b));


 


(f)    Equitable’s
area-wide bonds, permits and licenses (including all Federal Communications
Commission licenses) or other permits, licenses or authorizations used in the
conduct of Equitable’s business generally and not exclusively related to the Gathering
Assets; and


 


(g)   those
other assets and interests identified on Exhibit A-4.


 


Section 1.4            Certain Definitions.  As used herein:


 


(a)   “Affiliate”
means, with respect to any Person, a Person that directly or indirectly
controls, is controlled by or is under common control with such Person, with
control in such context meaning (i) the power to direct the vote of more
than fifty percent (50%) of the voting shares or other securities of such
Person through ownership, pursuant to a written agreement, or otherwise or (ii) the power to direct the
management and policies of a Person through ownership of voting shares or other
securities, pursuant to a 


 


3
















 


written
agreement, or otherwise.  For the
purposes of this Agreement, the Company shall not be considered an Affiliate of
any Party or such Party’s Affiliates.


 


(b)   [Intentionally
omitted].


 


(c)   “Business
Day” means any day other than a Saturday, a Sunday, or a day on which banks are
closed for business in Pittsburgh, Pennsylvania or Fort Worth, Texas.


 


(d)   “Effective
Time” means 12:01 a.m. local time where the Assets are located on June 1,
2006.


 


(e)   “Exchange
Act” means the Securities Exchange Act of 1934, as amended.


 


(f)    “Exploration Agreement” has the meaning given
to such term in the Purchase Agreement.


 


(g)   “Exploration Agreement PMOG Area” has the
meaning given to such term in the Purchase Agreement.


 


(h)   “Governmental
Authority” means any government and/or any political subdivision thereof,
including departments, courts, commissions, boards, bureaus, ministries,
agencies or other instrumentalities.


 


(i)    “Hydrocarbons”
means all oil, gas, coalbed methane gas and other associated hydrocarbons.


 


(j)    “Laws”
means all laws, statutes, rules, regulations, ordinances, orders, requirements
and codes of Governmental Authorities.


 


(k)   “New Lease” has the meaning given to such term in the Purchase Agreement.


 


(l)    “Nora
Field” has the same meaning as the term “AMI” in the Operating Agreement (as
defined in the Purchase Agreement).


 


(m)  “Nora-T
Line” means the pipeline depicted on Exhibit K.


 


(n)   “Original
Lease” has the meaning given
to such term in the
Purchase Agreement.


 


(o)   “Party
Lawsuit” means the ongoing litigation and claims in the action styled as Pine
Mountain Oil & Gas, Inc. v. Equitable Production Company, USDC WD Va, Abingdon Division, CA No. 1:05CV095
(including the related September 22, 2005 arbitration proceeding).


 


(p)   “Person”
means any individual, corporation, partnership, limited liability company,
trust, estate, Governmental Authority or any other entity.


 


4

















 


(q)   “Purchase Agreement” means that certain Purchase and Sale Agreement of
even date herewith between EPC and PMOG.


 


(r)    “Records”
means all gathering and transportation files, compression files,
land files and surveys, Contract files and all other books, records, data,
files, maps and accounting records to the extent relating primarily to the
Assets, excluding however, (A) any record to the extent that: (1) disclosure
or transfer of such record is restricted by any third-party agreement or
applicable Law, (2) Equitable
is unable to obtain, using commercially
reasonable efforts, a waiver of, or otherwise satisfy, such disclosure
restriction (provided that Equitable shall not be required to provide
consideration or undertake obligations to or for the benefit of the holders of
such rights in order to obtain any necessary consent or waiver) and (3) the
failure to obtain such waiver or satisfy such disclosure restriction would
cause a termination of such instrument or a material impairment of the rights
thereunder; (B) computer software; (C) all legal records and legal
files of Equitable (other than (x) title opinions and (y) Contracts)
and all other work product of and attorney-client communications with any of
Equitable’s legal counsel; (D) records relating to the sale of the Assets,
including bids received from and records of negotiations with third Persons; (E) any
other records to the extent constituting Excluded Assets; and (F) contracts
and agreements of no further force and effect as of the Effective Time.


 


(s)   “SEC”
means the U.S. Securities and Exchange Commission.


 


(t)    “Securities
Act” means the Securities Act of 1933, as amended, and any successor statute
thereto and the rules and regulations of the SEC promulgated thereunder.


 


(u)   “Tax”
means all taxes, including income tax, surtax, remittance tax, presumptive tax,
net worth tax, production tax, pipeline transportation tax, value added tax,
withholding tax, gross receipts tax, windfall profits tax, profits tax,
severance tax, personal property tax, real property tax, sales tax, service
tax, transfer tax, use tax, excise tax, premium tax, customs duties, stamp tax,
motor vehicle tax, entertainment tax, insurance tax, capital stock tax,
franchise tax, occupation tax, payroll tax, employment tax, social security,
unemployment tax, disability tax, alternative or add-on minimum tax, estimated tax,
and any other assessments, duties, fees, or levies imposed by a Governmental
Authority, together with any interest, fine or penalty thereon, or addition
thereto.


 


(v)   “Tax
Return” means any return, declaration, report, claim for refund, or information
return or statement relating to Taxes, including any schedule or attachment
thereto, and including any amendment thereof, required to be filed with any
Governmental Authority.


 


(w)  “Transfer
Taxes” means all transfer, sales, use, documentary, stamp duty, conveyance and
other similar Taxes, duties, fees or charges.


 


5

















 


Section 1.5            Effective Time; Proration of Costs and Revenues.


 


(a)   Title and interest in and
to the Assets shall be transferred from Equitable to the Company at the
Closing, but certain financial benefits and burdens in respect of the Assets
shall be transferred effective as of the Effective Time, as described below.


 


(b)   The Company shall be
entitled to all income, proceeds, receipts and credits earned with respect to
the Assets on and after the Effective Time, and shall be responsible for (and
entitled to any refunds with respect to) all Property Costs incurred on
and after the Effective Time (provided that the Company’s entitlement to income,
proceeds, receipts and credits earned with respect to, and responsibility for
and entitlement to refunds with respect to Property Costs relating to, certain
of the Assets shall be adjusted as of Closing in the manner described in Section 2.2).  For the purpose of determining the amount of
gathering fees to be included as income under this Section 1.5(b) with
respect to volumes of gas produced by any member of the Company or any of its
Affiliates, it shall be assumed that the Gathering Agreement was effective as
of the Effective Time.  Equitable shall
be entitled to all income, proceeds, receipts and credits earned with respect
to the Assets prior to the Effective Time, and shall be responsible for (and
entitled to any refunds with respect to) all Property Costs incurred prior
to the Effective Time (provided that Equitable’s entitlement to income,
proceeds, receipts and credits earned with respect to, and responsibility for
and entitlement to refunds with respect to Property Costs relating to, certain
of the Assets shall be adjusted as of Closing in the manner described in Section 2.2).  “Earned” and “incurred”, as used in this
Agreement, shall be interpreted in accordance with United States generally
accepted accounting principles (as published by the Financial Accounting
Standards Board).  Surface use fees,
insurance premiums and other Property Costs that are paid periodically shall be
prorated based on the number of days in the applicable period falling before
and at or after the Effective Time, except that production, severance and
similar Taxes based upon revenues generated by the Assets shall be prorated
based on the amount of revenues generated by the Assets before, or at and after  the Effective
Time.  In each case, the Company shall be
responsible for the portion allocated to the period on and after the Effective
Time and Equitable shall be responsible for the portion allocated to the period
before the Effective Time.


 


(c)   “Property Costs” means all
operating expenses (including costs of insurance and ad valorem, property and
similar Taxes based upon or measured by the ownership or operation of the
Assets, but excluding any other Taxes), capital expenditures incurred in the
ownership and operation of the Assets in the ordinary course of business, and
overhead costs in each case as would have been charged to the Assets under the
limited liability company agreement of the Company assuming it was in effect at
all times during the period between the Effective Time and Closing.


 


Section 1.6            Intentions of the Parties.  The
Parties acknowledge that the description of the Gathering Assets comprising the
Nora Gas Gathering System (including the Nora-T Line) as provided on Exhibit A-1
may be incomplete, including with respect to easements, servitudes,


 


6

















 


rights-of-way, surface
leases and other surface rights and the plat of such system, and the Parties
may amend Exhibit A-1 prior to the Closing Date in order to more fully
describe the Gathering Assets (it being acknowledged by the Parties that the
Gathering Assets are intended to cover all of Equitable’s and its Affiliates’
interests in and to their currently existing natural gas gathering system and
related assets, other than the Excluded Assets and as set forth in the following
sentence, located within the Nora Field including any currently existing
sections of the Nora Gas Gathering System extending beyond the Nora Field that
service wells in the Nora Field). 
Notwithstanding the foregoing, the Parties further acknowledge that the
Gathering Assets do not include any gas gathering system, facilities,
compressors, pipelines, pig and other stations, Easements, or other assets and
interests of EPC or EGEL in the separate gathering system commonly known as the
Roaring Fork Gas Gathering System located within and outside of the Nora Field,
which system is used as of the date hereof in connection with the
transportation of Hydrocarbons produced from the wells listed on Exhibit A-4,
among other wells.


 


ARTICLE 2


CASH
CONTRIBUTION, DISTRIBUTIONS AND LOANS


 


Section 2.1            Cash Contribution.  On the terms contained in this Agreement,
PMOG agrees to contribute to the Company at the Closing an amount of cash equal
to Fifty-Three Million Sixty Five Thousand One Hundred Seventy Six Dollars and
Thirteen Cents (US$53,065,176.13) (as adjusted pursuant to Section 3.4 and
Section 3.5, the “Cash Contribution”), to be applied as set forth in Section 2.3.  Additionally, on the terms and conditions
contained in this Agreement, PMOG agrees to contribute to the Company and the
Company agrees to accept from PMOG, PMOG’s right, title and interest (if any) in and to the gas gathering system, facilities, compressors and pipelines
described on Exhibit A-1,
excluding any interest that PMOG owns in its capacity as the lessor under the
Original Lease or the New Lease or as Grantor under the New Easement Agreement.  As
consideration for the contribution of such assets and the Cash Contribution,
the Company shall issue to PMOG a fifty percent (50%) membership interest in
the Company.


 


Section 2.2            Effective Time Adjustment.


 


(a)   Not later than five (5) Business
Days prior to the Closing Date, Equitable shall prepare in good faith, using
the best information available to Equitable, and deliver to PMOG a preliminary
settlement statement setting forth an estimated calculation of the net amount
received (or paid) by Equitable for the account of the Company pursuant to Section 1.5(b) (such
net amount being called herein the “Effective Time Adjustment.  Such statement shall show the calculation of
each adjustment, based, to the extent possible, on actual credits, charges,
receipts and other items attributable to the period of time from and after the
Effective Time and PMOG shall review such preliminary settlement statement and
discuss with Equitable any changes necessary thereto.  The Parties shall use their reasonable
efforts exercised in good faith to agree upon such preliminary settlement
statement as of Closing.  An amount equal
to eighty percent (80%) of the estimated Effective Time Adjustment, set forth
in the preliminary settlement statement mutually agreed to by the Parties in
accordance with this Section 2.2(a), shall


 


7

















 


constitute
the dollar amount to be contributed by PMOG to the Company at the Closing (the
“Closing Payment”), together with the Cash Contribution to be contributed by
PMOG at Closing.


 


(b)   As soon as reasonably
practicable after the Closing, but not later than the one hundred and twentieth
(120th) day following the Closing Date, Equitable shall
prepare in good faith, using the best information available to Equitable, and
deliver to PMOG a statement setting forth the final calculation of the
Effective Time Adjustment and showing the calculation of each adjustment,
based, to the extent possible, on actual credits, charges, receipts and other
items attributable to the period of time from and after the Effective Time and
shall supply reasonable documentation available to support any such credits,
charges, receipts or other items.  As
soon as reasonably practicable but not later than the thirtieth (30th) day following receipt of Equitable’s statement
hereunder, PMOG shall deliver to Equitable a written report containing any
changes that PMOG proposes be made to such statement.  Equitable and PMOG shall undertake to agree
on the amount of the actual Effective Time Adjustment no later than one hundred
and eighty (180) days after the Closing Date. 
In the event that such Parties cannot reach agreement within such period
of time, either Equitable or PMOG may refer the remaining matters in dispute to
Ernst & Young LLP, or if Ernst & Young LLP is unable or
unwilling to perform its obligations under this Section 2.2(b), such other
nationally-recognized independent accounting firm as may be accepted by
Equitable and PMOG, for review and final determination.  The accounting firm shall conduct the
arbitration proceedings in Pittsburgh, Pennsylvania in accordance with the
Commercial Arbitration Rules of the American Arbitration Association in
effect as of the date hereof, to the extent such rules do not conflict
with the terms of this Section 2.2(b). 
The accounting firm’s determination shall be made within thirty
(30) days after submission of the matters in dispute and shall be final
and binding on all Parties, without right of appeal.  In determining the proper amount of the
Effective Time Adjustment, the accounting firm shall not increase the Effective
Time Adjustment more than the increase proposed by Equitable nor decrease the
Effective Time Adjustment more than the decrease proposed by PMOG, as
applicable.  The accounting firm shall
act as an expert for the limited purpose of determining the specific disputed
matters submitted by either Equitable or PMOG and may not award damages or
penalties.  Equitable and PMOG shall each
bear its own legal fees and other costs of presenting its case.  Equitable and PMOG shall bear one-half of the
costs and expenses of the accounting firm. 
Within ten (10) days after the earlier of (i) the expiration
of PMOG’s thirty (30) day review period without delivery of any written
report or (ii) the date on which the Equitable and PMOG, or the accounting
firm, as applicable, finally determine the actual Effective Time Adjustment, (A) Equitable
shall contribute to the Company an amount of cash equal to the amount by which
the estimated Effective Time Adjustment exceeds the actual Effective Time
Adjustment; or (B) PMOG shall contribute to the Company an amount of cash
equal to eighty percent (80%) of the amount by which the actual Effective Time
Adjustment exceeds the estimated Effective Time Adjustment.


 


8

















 


(c)   The adjustment described in
Section 2.2(a) shall serve to satisfy up to the amount of the
adjustment (i) the Company’s entitlement under Section 1.5 to income,
proceeds, receipts and credits earned with respect to the Assets between the
Effective Time and the Closing (and the Company shall not have any separate
rights to receive any income, proceeds, receipts and credits with respect to
which an adjustment has been made) and (ii) the Company’s obligation under
Section 1.5 to pay Property Costs attributable to the ownership and
operation of the Assets which are incurred between the Effective Time and the Closing
(and the Company shall not be separately obligated to pay for any Property
Costs with respect to which an adjustment has been made).


 


Section 2.3          Cash Distributions and Loans.  At the Closing, the Company shall:


 


(a)   Distribute an amount equal
to twenty percent (20%) of the sum of Sixty-Six Million Three Hundred Thirty
One Thousand Four Hundred Seventy Dollars and Sixteen Cents (US$66,331,470.16)
and the Effective Time Adjustment to EGEL; and


 


(b)   Loan the remaining amount
of cash contributed to the Company hereunder  to ET Blue Grass Company, with such
loan to be entered by a separate note in substantially the form attached hereto
as Exhibit E, which loan shall be repaid prior to the Company requiring
any capital contribution by PMOG or Equitable under the LLC Agreement.


 


Section 2.4            Capital Account Balances.  Following the
completion of the contributions by Equitable and PMOG, the distribution to EGEL
pursuant to Section 2.3(a) and the other actions taken pursuant to Section 2.3,
the respective capital account balances of EGEL and PMOG shall be equal.


 


ARTICLE 3


TITLE MATTERS


 


Section 3.1            Title.


 


(a)   The Conveyance shall
contain a special warranty of title against every Person lawfully claiming or
to claim the interest to be conveyed by Equitable to the Company or any part
thereof by, through and under Equitable and its Affiliates, but not otherwise,
subject to Permitted Encumbrances, but shall otherwise be without warranty of
title, express, implied or statutory, except that the Conveyance shall transfer
to the Company all rights or actions on title warranties given or made by
Equitable’s predecessors (other than Affiliates of Equitable), to the extent
Equitable may legally transfer such rights.


 


(b)   Notwithstanding anything to
the contrary in Section 3.1(a) and the Conveyance, Section 3.3
shall provide PMOG’s and the Company’s exclusive remedy in respect of Asserted
Title Defects reported in accordance with this Article 3.  Neither PMOG nor the Company shall be
entitled to make any claims against Equitable or any of its Affiliates under
Equitable’s special warranty of title in the Conveyance against any such
Asserted Title Defect.


 


9

















 


Section 3.2            Definitions of Defensible Title and Permitted Encumbrances.


 


(a)   As used in this Agreement
with respect to the Assets, the term “Defensible Title” means marketable title
in southwestern Virginia, free and clear of all liens, charges, encumbrances,
irregularities or other defects (“Encumbrances”) other than Permitted
Encumbrances.  The term “Title Defect”
means, as applicable, (i) any Encumbrance that would cause Equitable not to
have Defensible Title or (ii) other
than with respect to the lands covered by the Original Lease or any Exploration
Agreement PMOG Area, the lack of
easements or other agreements covering the continuous length of each pipeline
included in the Assets allowing for the transportation of the Hydrocarbons as
currently transported through such pipeline. 
The term “Asserted Title Defect” means a Title Defect reported by PMOG
or the Company pursuant to Section 3.3 hereof.


 


(b)   As used in this Agreement,
the term “Permitted Encumbrances” means any or all of the following:


 


(i)            all Contracts;


 


(ii)           Preferential
Rights;


 


(iii)          third-party consent
requirements and similar restrictions with respect to which waivers or consents
are obtained by Equitable from the appropriate parties prior to the Closing
Date or the appropriate time period for asserting the right has expired or
which are expressly not required to be satisfied prior to a transfer;


 


(iv)          liens for current
Taxes or assessments not yet delinquent or, if delinquent, being contested in
good faith by appropriate actions and listed on Exhibit A-5;


 


(v)           materialman’s,
mechanic’s, repairman’s, employee’s, contractor’s, operator’s and other similar
liens or charges arising in the ordinary course of business for amounts not yet
delinquent (including any amounts being withheld as provided by Law), or, if
delinquent, being contested in good faith by appropriate actions and listed on Exhibit A-6;


 


(vi)          all rights to
consent, by required notices to, filings with, or other actions by Governmental
Authorities in connection with the sale or conveyance of easements, rights of
way, licenses, gathering facilities or interests therein if they are
customarily obtained subsequent to the sale or conveyance;


 


(vii)         rights of
reassignment arising upon final intention to abandon or release any easement or
right of way;


 


(viii)        with regard to lands
covered by the Original Lease or
included in the Exploration Agreement PMOG Area and to the extent not created
by, through


 


10

















 


or under Equitable: easements,
rights-of-way, servitudes, permits and other rights in respect of surface and
subsurface operations and any rights related to coal, coal seams or coal
mining, whether statutory or otherwise, other than rights to explore for,
develop and produce coalbed methane;


 


(ix)                                with regard to lands not covered by the Original
Lease or included in the
Exploration Agreement PMOG Area:
easements, rights-of-way, servitudes, permits and other rights in respect of
surface and subsurface operations which would be accepted by a reasonably
prudent purchaser engaged in the business of owning and operating assets
similar to the Assets in the Appalachian Basin;


 


(x)                                   all rights reserved to or vested in any Governmental
Authority to control or regulate any of the Assets in any manner and all
obligations and duties under all applicable Laws or under any franchise, grant,
license or permit issued by any such Governmental Authority;


 


(xi)                                any Encumbrance which is discharged by Equitable at
or prior to Closing;


 


(xii)                             with respect to the easements, rights of way and
other rights over, under or through any lands and properties owned by PMOG or
its Affiliates, any Encumbrance or imperfection in title other than those
Encumbrances or imperfections in title arising by, through or under Equitable
or its Affiliates;


 


(xiii)                          any matters shown on Exhibit F; and


 


(xiv)                         any other Encumbrances which do not, individually or
in the aggregate, materially detract from the value of or materially interfere
with the use, ownership or operation of the Assets subject thereto or affected
thereby (as currently used, owned or operated) and which would be accepted
by a reasonably prudent purchaser engaged in the business of owning and
operating gathering system or pipeline assets in the Appalachian Basin.


 


Section 3.3            Notice
of Asserted Title Defects; Defect Adjustments.


 


(a)   To assert a claim of a
Title Defect prior to Closing, PMOG must deliver a claim notice to Equitable on
or before 5:00 p.m. EDT on April 25, 2007 (the “Title Claim
Date”), except as otherwise provided under Section 3.4
or Section 3.5; provided that PMOG agrees to furnish Equitable at the end
of every week period following the execution of this Agreement and
prior to the Title Claim Date with a claim notice if any officer of PMOG or its
Affiliates discovers or learns of any Title Defect during such  period. 
Each such notice shall be in writing and shall include (i) a
description of the Asserted Title Defect(s), (ii) the Assets affected, (iii) supporting
documents reasonably necessary for Equitable (as well as any title attorney or
examiner hired by Equitable) to verify the existence of such Asserted Title Defect(s) and
(iv) the amount by which PMOG reasonably believes the value of those
Assets is reduced by such Asserted Title 


 


11

















 


Defect(s) and
the computations and information upon which PMOG’s belief is based.  Subject to the Company’s rights under the
special warranty of title described in Section 3.1(a) and its and PMOG’s rights with respect to any
breach of Equitable’s covenant under Section 7.10(f), PMOG and the Company shall be deemed to have waived
all Title Defects of which Equitable has not been given notice on or before the
Title Claim Date.


 


(b)   In the event that PMOG
notifies Equitable of a Title Defect before the Title Claim Date, Equitable
shall have the right, but not the obligation, to attempt, at its sole cost, to
cure or remove any Asserted Title Defects of which it has been notified by
PMOG.  If Equitable so elects to cure or
remove any Asserted Title Defect, PMOG shall use commercially reasonable
efforts to cooperate with Equitable’s efforts to cure or remove such Asserted
Title Defect.  If prior to Closing,
Equitable has been unable to cure or remove any Asserted Title Defect, then
Equitable and PMOG mutually shall elect to have one of the following options
apply:


 


(i)            Remove the Assets
subject to such Asserted Title Defect from the transaction contemplated by this
Agreement, if the operation of Gathering Assets (taken as a whole) would not be
materially impaired thereby.  Such removed
Assets shall not be assigned at the Closing, shall become “Excluded Assets” for
all purposes hereunder and the Cash Contribution shall be reduced by an amount
equal to the value for such Assets.


 


(ii)           Assign the Assets
subject to the Asserted Title Defect to the Company at Closing, and defend,
indemnify and hold the Company, the successors, assigns and Affiliates of the
Company, PMOG and PMOG’s Affiliates harmless from and against all Damages that
arise out of or that any such Person may suffer as a result of such Asserted
Title Defect pursuant to a form of indemnity agreement mutually agreeable to
the Parties.


 


(iii)          Assign the Assets
subject to the Asserted Title Defect to the Company at Closing, and reduce the
Cash Contribution in accordance with Section 3.3(c).


 


(c)   The Cash Contribution shall
be reduced by an amount (the “Asserted Title Defect Amount”) equal to the
reduction in the value for the Assets subject to an uncured Asserted Title
Defect, which reduction is caused by such uncured Asserted Title Defect as
determined pursuant to Section 3.3(e); provided that no reduction shall be
made in the Cash Contribution with respect to any Asserted Title Defect for
which an election has been made pursuant to Section 3.3(b)(ii).


 


(d)   Except for the Company’s
rights under the special warranty of title described in Section 3.1(a) and
its and PMOG’s rights with respect to any breach of Equitable’s covenant
under Section 7.10(f), Section 3.3(c) shall, to the fullest
extent permitted by applicable Laws, be the exclusive right and remedy of PMOG
and the Company against Equitable or its Affiliates with respect to any Title
Defect attributable to the Assets.


 


12

















 


(e)   The Asserted Title Defect
Amount resulting from an Asserted Title Defect shall be determined as follows:


 


(i)            If PMOG and
Equitable agree on the Asserted Title Defect Amount, that amount shall be the
Asserted Title Defect Amount;


 


(ii)           If the Asserted
Title Defect is an Encumbrance which is undisputed and liquidated in amount,
then the Asserted Title Defect Amount shall be the amount necessary to be paid
to remove the Asserted Title Defect from the affected Assets;


 


(iii)          If the Asserted
Title Defect represents an Encumbrance of a type not described in subsections (i) or
(ii) above, the Asserted Title Defect Amount shall be determined by taking
into account the value of the Assets so affected, the portion of the Assets
affected by the Asserted Title Defect, the legal effect of the Asserted Title
Defect, the potential economic effect of the Asserted Title Defect over the
life of the affected Assets, the values placed upon the Asserted Title Defect
by PMOG and Equitable and such other factors as are necessary to make a proper
evaluation;


 


(iv)          Notwithstanding anything to the contrary in this Article 3, except for
adjustments required by Section 3.4 or Section 3.5, there shall be no
Cash Contribution adjustment for Asserted Title Defects unless and until the
aggregate Asserted Title Defect Amounts for all Assets for which claim notices
were timely delivered pursuant to Section 3.3(a) exceed Three
Hundred Fifty Thousand Dollars (US$350,000.00), and then only to the
extent that the aggregate Asserted Title Defect Amounts exceed Three
Hundred Fifty Thousand Dollars (US$350,000.00);


 


(v)           If an Asserted
Title Defect of the type not described in subsections (i) or (ii) above
is reasonably susceptible of being cured, the Asserted Title Defect Amount
determined under subsections (iii) above shall not be greater than the
lesser of (1) the reasonable cost and expense of curing such Asserted
Title Defect or (2) the share of such curative work cost and expense which
is allocated to such Assets pursuant to subsection (vi) below; and


 


(vi)          The Asserted Title
Defect Amount with respect to an Asset shall be determined without duplication
of any costs or losses (A) included in another Asserted Title Defect
Amount hereunder or (B) included in a casualty loss under Section 3.5.  To the extent that the cost to cure any
Asserted Title Defect will result in the curing of all or a part of one or more
other Asserted Title Defects, such cost of cure shall be allocated for purposes
of Section 3.3(e)(v) among the Assets so affected on a fair and
reasonable basis.


 


13
















 


(f)    Equitable and PMOG shall attempt to agree on all Asserted Title Defects and
Asserted Title Defect Amounts by two (2) Business Days prior to the
Closing Date.  If Equitable and PMOG are
unable to agree by that date, the average of Equitable’s and PMOG’s estimates
with respect to the Asserted Title Defect Amounts for the Asserted Title
Defects shall be used to determine the Effective Time Adjustment pursuant to Section 2.2,
and all Asserted Title Defects and Asserted Title Defect Amounts in dispute
shall be exclusively and finally resolved by arbitration pursuant to this Section 3.3(f).  During the ten (10) Business Day period
following the Closing Date, Asserted Title Defects and Asserted Title Defect
Amounts in dispute shall be submitted to an attorney with at least ten (10) years
of experience in oil and gas and pipeline titles in the southwestern Virginia
as selected by mutual agreement of PMOG and Equitable (the “Title Arbitrator”).  The arbitration proceeding shall be held in
Pittsburgh, Pennsylvania and shall be conducted in accordance with the
Commercial Arbitration Rules of the American Arbitration Association in
effect as of the date hereof, to the extent such rules do not conflict
with the terms of this Section 3.3(f). 
The Title Arbitrator’s determination shall be made within twenty (20)
days after submission of the matters in dispute and shall be final and binding
upon the Parties, without right of appeal. 
In making his determination, the Title Arbitrator shall be bound by the rules set
forth in Section 3.3(e) and may consider such other matters as in the
opinion of the Title Arbitrator are necessary or helpful to make a proper
determination.  Additionally, with the
prior written consent of PMOG and Equitable, the Title Arbitrator may consult
with and engage disinterested third parties to advise the Title Arbitrator,
including title attorneys from other states and petroleum engineers.  In no event shall any Asserted Title Defect
Amount exceed the estimate given by PMOG in its claim notice delivered in
accordance with Section 3.3(a).  The
Title Arbitrator shall act as an expert for the limited purpose of determining
the specific disputed Asserted Title Defects and Asserted Title Defect Amounts
submitted by either PMOG or Equitable and may not award damages, interest or
penalties to either PMOG or Equitable with respect to any matter.  Equitable and PMOG shall each bear its own
legal fees and other costs of presenting its case.  Each of Equitable and PMOG shall bear
one-half of the costs and expenses of the Title Arbitrator.


 


Section 3.4            Consents to Assignment and
Preferential Rights to Purchase.


 


(a)   Equitable will use reasonable efforts, consistent with industry practices
in transactions of this type, to identify, with respect to all Assets, the names
and addresses of all parties holding Preferential Rights and Consents
applicable to the transactions contemplated hereby.  In attempting to identify the names and
addresses of such parties holding such Preferential Rights and Consents,
Equitable shall in no event be obligated to go beyond its own records.  Equitable will request, from the parties so
identified (and from any parties identified by PMOG prior to Closing who have
Preferential Rights or from whom a Consent may be required), in accordance with
the documents creating such rights, execution of waivers of Preferential Rights
or Consents so identified.  Equitable
shall have no obligation other than to identify such Preferential Rights and
Consents and to so request such execution of waivers of Preferential Rights and
Consents (including,


 


14

















 


without
limitation, Equitable shall have no obligation to assure that such waivers of
Preferential Rights and Consents are obtained).


 


(b)   With respect to Preferential Rights but not Consents, if a Person from whom
a waiver of a Preferential Right is requested refuses to give such waiver prior
to Closing, the interest in the Asset subject to such Preferential Right will
be excluded from the transaction contemplated hereby, such interest in such
Asset will become an “Excluded Asset” for all purposes hereunder (except in the
case of any subsequent transfer of such interest in such Asset to PMOG pursuant
to the following sentence) and the Cash Contribution will be adjusted downward
by the value (proportionately reduced to the excluded interest) for such
interest in such Asset.  If within ninety
(90) days following Closing, such holder does waive its Preferential Right,
then PMOG agrees that, within five (5) days following Equitable’s notice
thereof, the Parties hereto will conduct a subsequent Closing (in accordance
with same terms hereof) for the purchase and sale of such Excluded Asset.


 


(c)   If (i) an Asset is subject to a Consent that prohibits the transfer of
such Asset without compliance with the provisions of such Consent, (ii) the
failure to comply with or obtain such Consent will result in a termination or
other material impairment of any rights in relation to such Asset, (iii) such
Consent is not obtained or complied with prior to the Closing and (iv) the
absence of such Asset would not materially impair the operations of the
Gathering Assets (taken as a whole), then unless otherwise agreed to by PMOG
and Equitable, the Asset or portion thereof affected by such Consent will be
excluded from the transactions contemplated hereby, such Asset will become an “Excluded
Asset” for all purposes hereunder (except in the case of any subsequent
transfer of such Asset to PMOG pursuant to the following sentence), and the Cash
Contribution will be adjusted downward by the agreed upon value for such
Asset.  If within ninety (90) days  following Closing
such Consent is obtained or otherwise complied with, then PMOG agrees that,
within five (5) days following Equitable’s notice thereof, the Parties
hereto will conduct a subsequent Closing (in accordance with the same terms
hereof) for the purchase and sale of such excluded Asset.


 


(d)   To the extent that the consent of PMOG with respect to the assignment of the Assets contemplated hereby is required under any agreement
or arrangement, as of the
Closing, PMOG hereby irrevocably grants
such consent.


 


Section 3.5            Casualty or Condemnation Loss.  Subject to the provisions of Section 8.1(e) and
Section 8.2(f) hereof, if, after the date of this Agreement but prior
to the Closing Date, any portion of the Assets is destroyed by fire or other
casualty or is taken in condemnation or under right of eminent domain, PMOG and
the Company shall nevertheless be required to close and the Parties mutually shall elect prior to Closing one of the
following options: (i) to have
Equitable cause the Assets affected by any casualty to be repaired or restored,
at Equitable’s sole cost, as promptly as reasonably practicable (which work may
extend after the Closing Date), (ii) to have Equitable indemnify the
Company, PMOG, and their respective Affiliates through a document reasonably
acceptable to Equitable and PMOG against any costs or expenses that such


 


15

















 


Person
reasonably incurs to repair the Assets subject to any casualty or (iii) to
treat such casualty or taking as an Asserted Title Defect with respect to the
affected Assets under Section 3.3; provided that in no event shall
such Asserted Title Defect be subject to the provisions of Section 3.3(e)(iv) hereof.  In each case, Equitable shall retain all
rights to insurance and other claims against third parties with respect to the
casualty or taking except to the extent Equitable and PMOG otherwise agree in
writing.


 


ARTICLE 4


REPRESENTATIONS AND WARRANTIES OF
EQUITABLE


 


Section 4.1            Disclaimers.


 


(a)   Except as expressly set forth in Article 3, Article 4, Article 6,
in the certificates delivered by Equitable at Closing pursuant to Section 9.2(b) and
Section 9.2(c) or in the Conveyance, (i) Equitable makes no
representations or warranties, express or implied, with respect to the Assets
or the transactions contemplated hereby and (ii) Equitable expressly
disclaims all liability and responsibility for any representation, warranty,
statement or information with respect to the Assets or the transactions
contemplated hereby made or communicated (orally or in writing) to PMOG or any
of its Affiliates, employees, agents, consultants or representatives (including
any opinion, information, projection or advice that may have been provided to
PMOG by any officer, director, employee, agent, consultant, representative or
advisor of Equitable or any of its Affiliates).


 


(b)   EXCEPT AS EXPRESSLY REPRESENTED OTHERWISE IN ARTICLE 3, ARTICLE 4,
ARTICLE 6, IN THE CERTIFICATES DELIVERED BY EQUITABLE AT CLOSING PURSUANT TO
SECTIONS 9.2(b) AND 9.2(c) OR IN THE CONVEYANCE, WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, EQUITABLE EXPRESSLY DISCLAIMS ANY REPRESENTATION
OR WARRANTY, EXPRESS OR IMPLIED, AS TO (I) TITLE TO ANY OF THE ASSETS, (II) ANY
ESTIMATES OF THE VALUE OF THE ASSETS OR FUTURE REVENUES GENERATED BY THE
ASSETS, (III) THE MAINTENANCE, REPAIR, CONDITION, QUALITY, SUITABILITY,
DESIGN OR MARKETABILITY OF THE ASSETS, OR (IV) ANY OTHER MATERIALS OR
INFORMATION THAT MAY HAVE BEEN MADE AVAILABLE OR COMMUNICATED TO PMOG OR
THE COMPANY OR THEIR RESPECTIVE AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES,
AGENTS, CONSULTANTS, REPRESENTATIVES OR ADVISORS IN CONNECTION WITH THE
TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY DISCUSSION OR PRESENTATION
RELATING THERETO, AND FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS
OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR CONFORMITY
TO MODELS OR SAMPLES OF MATERIALS OF ANY EQUIPMENT, IT BEING EXPRESSLY
UNDERSTOOD AND AGREED BY THE PARTIES HERETO THAT, SUBJECT TO THE
REPRESENTATIONS AND WARRANTIES SET FORTH IN ARTICLE 3, ARTICLE 4,


 


16

















 


ARTICLE
6, IN THE CERTIFICATES DELIVERED BY EQUITABLE AT CLOSING PURSUANT TO SECTIONS
9.2(b) AND 9.2(c) AND IN THE CONVEYANCE, PMOG AND THE COMPANY HAVE
MADE OR CAUSED TO BE MADE SUCH INSPECTIONS AS PMOG AND THE COMPANY DEEM
APPROPRIATE, THE COMPANY IS RECEIVING THE ASSETS, EQUIPMENT AND ALL OTHER
TANGIBLE PROPERTY IN ITS PRESENT STATUS, CONDITION AND STATE OF REPAIR, “AS IS”
AND “WHERE IS” WITH ALL FAULTS.


 


(c)   Any representation “to the knowledge of Equitable” or “to Equitable’s
knowledge” is limited to matters within the actual conscious awareness of Ted O’Brien,
Lester Zitkus, Andy Murphy, Shawn Posey, John Centofanti,
Chris Akers, Matt Ankrum and
Phil Elliott.


 


(d)   Inclusion of a matter on a schedule attached hereto with respect to a
representation or warranty that addresses matters having a Material Adverse
Effect shall not be deemed an indication that such matter does, or may, have a
Material Adverse Effect.  Matters may be
disclosed on a schedule for purposes of information only.  As used herein, “Material Adverse Effect”
means any change, inaccuracy, circumstance, event, result, occurrence,
condition or an act (each, an “Event”) that has had or could reasonably be
expected to have a material adverse effect on the ownership, operation or value
of the Assets, taken as a whole or the ability of Equitable or PMOG, as
applicable, to consummate the transactions contemplated hereby or meet its
obligations under this Agreement and the documents to be executed hereunder;
provided, however, that “Material Adverse Effect” shall not include Events
resulting from general changes in Hydrocarbon prices; general changes in the
Hydrocarbon exploration and production industry or general economic or
political conditions; civil unrest, insurrection or similar disorders; or
changes in Laws.


 


(e)   Subject to the foregoing provisions of this Section 4.1 and the other
terms and conditions of this Agreement, Equitable represents and warrants to
PMOG and the Company the matters set out in the remainder of this  Article 4.


 


Section 4.2          EPC.


 


(a)   Existence and Qualification.  EPC is a corporation duly organized, validly
existing and in good standing under the laws of the Commonwealth of
Pennsylvania and is duly qualified to do business as a foreign corporation in
the Commonwealth of Virginia.


 


(b)   Power.  EPC has the
corporate power to enter into and perform this Agreement (and all documents
required to be executed and delivered by EPC at Closing) and to consummate
the transactions contemplated by this Agreement (and such documents).


 


17

















 


(c)   Authorization and Enforceability.  The execution, delivery and performance of
this Agreement by EPC (and all documents required to be executed and delivered
by EPC at Closing) and the consummation of the transactions contemplated
hereby and thereby, have been duly and validly authorized by all necessary
corporate action on the part of EPC. 
This Agreement has been duly executed and delivered by EPC (and all
documents required to be executed and delivered by EPC at Closing shall be duly
executed and delivered by EPC) and this Agreement constitutes (and at the
Closing such documents shall constitute) the valid and binding obligations of
EPC, enforceable in accordance with their terms except as such enforceability
may be limited by applicable bankruptcy or other similar Laws affecting the
rights and remedies of creditors generally, as well as to general principles of
equity (regardless of whether such enforceability is considered in a proceeding
in equity or at Law).


 


(d)   No Conflicts.  The execution,
delivery and performance of this Agreement by EPC (and all documents required
to be executed and delivered by EPC at Closing), and the consummation of the
transactions contemplated by this Agreement (and by such documents) shall not (i) violate
any provision of the certificate of incorporation or bylaws of EPC, (ii) result
in default (with due notice or lapse of time or both) or the creation of
any lien or encumbrance or give rise to any right of termination, cancellation
or acceleration under any note, bond, mortgage, indenture, license or agreement
to which EPC is a party or by which it is bound, (iii) violate any
judgment, order, ruling, or decree applicable to EPC as a party in interest, or
(iv) violate any Laws applicable to EPC or any of the Assets, except any
matters described in clauses (ii), (iii), or (iv) above which would not
have a Material Adverse Effect or as set forth on Schedule 4.2(d) and
except for compliance with the HSR Act.


 


Section 4.3          EGEL.


 


(a)   Existence and Qualification.  EGEL is a limited liability company duly
organized, and validly existing under the laws of the State of Delaware and is
duly qualified to do business as a foreign limited liability company in the
Commonwealth of Virginia.


 


(b)   Power.  EGEL has the
limited liability company power to enter into and perform this Agreement (and
all documents required to be executed and delivered by EGEL at
Closing) and to consummate the transactions contemplated by this Agreement
(and such documents).


 


(c)   Authorization and Enforceability.  The execution, delivery and performance of
this Agreement by EGEL (and all documents required to be executed and delivered
by EGEL at Closing) and the consummation of the transactions contemplated
hereby and thereby, have been duly and validly authorized by all necessary
limited liability company action on the part of EGEL.  This Agreement has been duly executed and
delivered by EGEL (and all documents required to be executed and delivered by
EGEL at Closing shall be duly executed and delivered by EGEL) and this
Agreement constitutes (and at


 


18

















 


the
Closing such documents shall constitute) the valid and binding obligations of
EGEL, enforceable in accordance with their terms except as such enforceability
may be limited by applicable bankruptcy or other similar Laws affecting the
rights and remedies of creditors generally, as well as to general principles of
equity (regardless of whether such enforceability is considered in a proceeding
in equity or at Law).


 


(d)   No Conflicts.  The
execution, delivery and performance of this Agreement by EGEL (and all
documents required to be executed and delivered by EGEL at Closing), and the
consummation of the transactions contemplated by this Agreement (and by such documents)
shall not (i) violate any provision of the certificate of formation or
limited liability company agreement of EGEL, (ii) result in default (with
due notice or lapse of time or both) or the creation of any lien or
encumbrance or give rise to any right of termination, cancellation or
acceleration under any note, bond, mortgage, indenture, license or agreement to
which EGEL is a party or by which it is bound, (iii) violate any judgment,
order, ruling, or decree applicable to EGEL as a party in interest, or (iv) violate
any Laws applicable to EGEL or any of the Assets, except any matters described
in clauses (ii), (iii), or (iv) above which would not have a Material
Adverse Effect or as set forth on Schedule 4.3(d) and except for
compliance with the HSR Act.


 


Section 4.4          Liability for Brokers’ Fees.  Neither PMOG nor the Company shall directly
or indirectly have any responsibility, liability or expense, as a result of
undertakings or agreements of Equitable or its Affiliates, for brokerage fees,
finder’s fees, agent’s commissions or other similar forms of compensation to an
intermediary in connection with the negotiation, execution or delivery of this
Agreement or any agreement or transaction contemplated hereby.


 


Section 4.5          Consents, Approvals or Waivers.  Except (a) for preferential rights
(collectively “Preferential Rights”) to purchase and other provisions
restricting assignment without consent (“Consents”) which would be applicable
to the transactions contemplated hereby that are set forth on Schedule 4.5 (the
“Scheduled Transfer Requirements”), (b) as would not, individually or in
the aggregate, have a Material Adverse Effect, (c) for approvals
customarily obtained from a Governmental Authority post-Closing, and (d) for
compliance with the HSR Act, neither the execution and delivery of this
Agreement (nor any documents required to be executed by Equitable at Closing),
nor the consummation of the transactions contemplated hereby nor thereby, nor
the compliance with the terms hereof nor thereof, (in each case) by Equitable
will (i) conflict with or result in a violation of any provision of, or
constitute (with or without the giving of notice or the passage of time or
both) a default under, or give rise to (with or without the giving of notice or
the passage of time or both) any right of termination, cancellation, or
acceleration under, any bond, debenture, note, mortgage or indenture, or any
lease, contract, agreement, or other instrument or obligation to which
Equitable is a party or by which Equitable or any of the Assets may be bound or
(ii) violate any applicable Law binding upon Equitable or the Assets.  Except (x) for the Scheduled Transfer
Requirements (y) for approvals customarily obtained from a Governmental
Authority post-Closing, and (z) for compliance with the HSR Act, the
execution of this Agreement by Equitable and the consummation of the
transactions contemplated hereby by Equitable will not require any


 


19

















 


material consent, approval or waiver of any
Governmental Authority or other third Person, or create a right in favor of any
Person to purchase all or any material part of the Assets.


 


Section 4.6            Litigation.  Except as disclosed on Schedule 4.6A
or Schedule 4.6B and except for the Party
Lawsuit, there are no actions, suits or proceedings pending, or to Equitable’s
knowledge, threatened in writing, by or before any Governmental Authority or
arbitrator with respect to the Assets or Equitable’s or any of its Affiliates’
ownership, operation or use thereof.  To
Equitable’s knowledge, no written notice from any third Person (including any
Governmental Authority) claiming material Damages or any material breach of
duty of care has been received by Equitable or any of its Affiliates relating
to the Assets or Equitable’s or any of its Affiliate’s ownership, operation or
use thereof, except for the suits, actions and proceedings set forth in
Schedule 4.6A or Schedule 4.6B and
the Party Lawsuit.


 


Section 4.7            Taxes.  Except as disclosed on Schedule 4.7: (i) all
material Tax Returns required to be filed with respect to the Assets have been
duly and timely filed; (ii) each such Tax Return is in all material
respects true, correct and complete; (iii) all material Taxes owed with
respect to the Assets have been timely paid in full; (iv) there are no
Encumbrances for Taxes on any of the Assets other than Permitted Encumbrances; (v) there
is no outstanding dispute or claim concerning any material Taxes with respect
to the Assets, and to Equitable’s knowledge no assessment, deficiency or
adjustment has been asserted or proposed with respect thereto; and (vi) to
Equitable’s knowledge, all of the Assets have been properly listed and
described on the property tax rolls for the taxing units in which such Assets
are located and no portion of the Assets constitutes omitted property for
property tax purposes.


 


Section 4.8          Environmental Laws.  To Equitable’s knowledge, Equitable and its
Affiliates have complied in all respects with, and the operation of the Assets
has been in compliance in all respects with, all applicable Laws relating to
the environment (“Environmental Laws”), except such failures to comply as, individually
or in the aggregate, would not have a Material Adverse Effect.  Except for contamination that would not,
individually or in the aggregate, have a Material Adverse Effect, to Equitable’s
knowledge there has been no contamination of groundwater, surface water or soil
resulting from activities relating to the Assets, which requires remediation
under applicable Environmental Laws.


 


Section 4.9          Compliance with Laws.  Except with respect to Environmental Laws,
which are addressed in Section 4.8, and except as disclosed on
Schedule 4.9, to Equitable’s knowledge, Equitable and its Affiliates have
complied in all respects with, and the Assets have been operated and maintained
in compliance in all respects with, all applicable Laws, except such failures
to comply as would not, individually or in the aggregate, have a Material
Adverse Effect.


 


Section 4.10       Contracts.  Neither Equitable, nor to the knowledge of
Equitable, any other Person is in default under any Contract, except as
disclosed on Schedule 4.10 and except for such defaults as would not,
individually or in the aggregate, have a Material Adverse Effect.  Except as disclosed on Schedule 4.10, there
are (a) no gathering
agreements with third Persons


 


20

















 


for Hydrocarbons to be transported on the
Gathering Assets or (b) material
contracts or other material agreements included in or directly related to the
operation of or title to the Assets.


 


Section 4.11       Permits, etc..  To Equitable’s knowledge, except as disclosed
on Schedule 4.11, Equitable has obtained and is maintaining all
material federal, state and local governmental licenses, permits, franchises,
orders, exemptions, variances, waivers, authorizations, certificates, consents,
rights, privileges and applications therefor (the “Governmental Permits”) that
are presently necessary or required for the ownership and operation of the
Assets as currently owned and operated. To Equitable’s knowledge, except as
disclosed in Schedule 4.11, (a) the Assets have been operated in all
material respects in accordance with the conditions and provisions of such
Governmental Permits, and (b) no written notices of material violation of
such Governmental Permits have been received by Equitable or its Affiliates.


 


Section 4.12       Outstanding Capital Commitments.  As of the date hereof, Equitable has made no
commitments to third Persons to make capital expenditures which are binding on
the Assets or the owner thereof and which Equitable reasonably anticipates will
individually require expenditures by the owner of the Assets after the
Effective Time other than those reflected in the capital budget included as
Schedule 4.12.


 


Section 4.13       Abandonment.  Since the Effective Time through the date of
this Agreement, Equitable has not abandoned, and is not in the process of
abandoning, any physical Assets (nor has it removed, nor is it in the process
of removing, any material items of personal property located upon the Assets,
except those replaced by items of substantially equivalent suitability and
value).  Except as set forth in Schedule 4.13
or as otherwise would not have a Material Adverse Effect, there are no
pipelines or gathering facilities located on the real property included in the
Assets that Equitable is currently required by Law or by Contract to remove or
abandon.


 


Section 4.14       Condition of Equipment, etc.  Except as set
forth in Schedule 4.14, to the knowledge of Equitable, all pipelines,
fixtures, facilities and equipment included in the Assets have been maintained
in all material respects in a state of adequate repair consistent with industry
standards in the Appalachian Basin and are otherwise generally adequate for the
normal operation thereof.


 


Section 4.15       Payments of Property Costs.  All Property Costs and other payments due in
connection with the ownership and operation of the Assets have been properly
and correctly paid for in all material respects by Equitable.


 


Section 4.16       Absence of Certain Events.  Except as disclosed on Schedule 4.16
or as contemplated by this Agreement, since the Effective Time, there has not
been any damage, destruction or loss, whether covered by insurance or not, with
respect to the Assets that has had or is reasonably likely to have a Material
Adverse Effect.


 


Section 4.17       Regulatory Matters.  To Equitable’s knowledge, no consent is
required in connection with the transaction contemplated hereby under the
Natural Gas Policy Act of 1978,


 


21

















 


as amended for which the failure to obtain such
consent would be reasonably expected to have a Material Adverse Effect.  Equitable is not and the Company will not be
a natural gas company within the jurisdiction of the Natural Gas Act of 1938
(assuming that the fact that PMOG will be a member of the Company will not
cause the Company to be a natural gas company within the jurisdiction of the
Natural Gas Act of 1938).


 


Section 4.18       Information.  To Equitable’s knowledge, Equitable has
complied in all material respects with PMOG’s
requests for supporting documentation and information relating to
the transactions contemplated by this Agreement to the extent
Equitable has such documentation or information in Equitable’s or its
Affiliates’ possession or control.


 


Section 4.19       Sole Member.  EGEL is the sole member of the Company prior
to the issuance of membership interests therein to PMOG and EGEL pursuant to
the terms hereof.  The Company currently
has no assets or liabilities.


 


ARTICLE 5


REPRESENTATIONS
AND WARRANTIES OF PMOG


 


PMOG represents and warrants to
Equitable and the Company the following:


 


Section 5.1          Existence and Qualification.  PMOG is a corporation organized, validly
existing and in good standing under the Laws of the Commonwealth of Virginia.


 


Section 5.2          Power.  PMOG has the corporate power to enter into
and perform this Agreement (and all documents required to be executed and
delivered by PMOG at Closing) and to consummate the transactions
contemplated by this Agreement (and such documents).


 


Section 5.3          Authorization and Enforceability.  The execution, delivery and performance of
this Agreement by PMOG (and all documents required to be executed and delivered
by PMOG at Closing), and the consummation of the transactions contemplated
hereby and thereby, have been duly and validly authorized by all necessary
corporate action on the part of PMOG. 
This Agreement has been duly executed and delivered by PMOG (and all
documents required to be executed and delivered by PMOG at Closing will be duly
executed and delivered by PMOG) and this Agreement constitutes (and at the
Closing such documents will constitute) the valid and binding obligations of
PMOG, enforceable in accordance with their terms except as such enforceability
may be limited by applicable bankruptcy or other similar Laws affecting the
rights and remedies of creditors generally, as well as to general principles of
equity (regardless of whether such enforceability is considered in a proceeding
in equity or at Law).


 


Section 5.4          No Conflicts.  The execution, delivery and performance of
this Agreement by PMOG (and all documents required to be executed and delivered
by PMOG at Closing), and the consummation of the transactions contemplated by
this Agreement (and by such documents) will not (a) violate any provision
of the certificate of incorporation or bylaws of PMOG, (b) result in a
default (with due notice or lapse of time or both) or the creation of any
lien or encumbrance or give rise to any right of termination, cancellation or
acceleration under any note, bond, mortgage, indenture, license or agreement to
which PMOG is a party or by which it is


 


22

















 


bound, (c) violate any judgment, order, ruling,
or regulation applicable to PMOG as a party in interest, or (d) violate
any Law applicable to PMOG or any of its assets, except any matters described
in clauses (b), (c) or (d) above which would not have a material adverse
effect on PMOG’s ability to consummate the transactions contemplated hereby and
except for compliance with the HSR Act.


 


Section 5.5          Liability for Brokers’ Fees.  Neither Equitable nor the Company shall
directly or indirectly have any responsibility, liability or expense, as a
result of undertakings or agreements of PMOG or its Affiliates, for brokerage
fees, finder’s fees, agent’s commissions or other similar forms of compensation
to an intermediary in connection with the negotiation, execution or delivery of
this Agreement or any agreement or transaction contemplated hereby.


 


Section 5.6          Consents, Approvals or Waivers.  Except for compliance with the HSR Act,
neither the execution and delivery of this Agreement (nor any documents
required to be executed by PMOG at Closing), nor the consummation of the
transactions contemplated hereby nor thereby, nor the compliance with the terms
hereof nor thereof (in each case, by PMOG), will (a) be subject to
obtaining any consent, approval, or waiver from any Governmental Authority or
other third Person, or (b) except as would not, individually or in the
aggregate, have a material adverse effect on PMOG’s ability to consummate the
transactions contemplated hereby, violate any applicable Law binding upon PMOG.


 


Section 5.7          Litigation.  Except for the Party Lawsuit, there are no
actions, suits or proceedings pending, or to PMOG’s knowledge, threatened in
writing by or before any Governmental Authority or arbitrator against PMOG
which are reasonably likely to impair PMOG’s ability to consummate the
transactions contemplated hereby.


 


Section 5.8          Financing.  PMOG has sufficient cash, available lines of
credit or other sources of immediately available funds (in United States
dollars) to enable it to pay the Cash Contribution to the Company at the
Closing.


 


Section 5.9          Independent Investigation.  Subject to Equitable’s and the Company’s
representations and warranties set forth in Article 3, Article 4 and Article 6
hereof (or in any certificate furnished or to be furnished by PMOG or the
Company pursuant to this Agreement) and in the Conveyance, PMOG acknowledges and
affirms that it has made (or will make prior to Closing) all such reviews and
inspections of the Assets as PMOG has deemed necessary or appropriate.  Except for the representations and warranties
expressly made by Equitable or the Company in Articles 3, Article 4 and Article 6
of this Agreement (or in any certificate furnished or to be furnished to PMOG
or the Company pursuant to this Agreement) and in the Conveyance, PMOG
acknowledges that there are no representations or warranties, express or
implied, as to the Assets or prospects thereof, and that in making its decision
to enter into this Agreement and to consummate the transactions contemplated
hereby, PMOG has relied solely upon its own independent investigation,
verification, analysis and evaluation.


 


Section 5.10       Equitable Information.  To the knowledge of the officers
of PMOG, as of the execution date of this Agreement, Equitable has complied in
all material respects with


 


23
















 


PMOG’s requests for
supporting documentation and information relating to the transactions
contemplated by this Agreement.


 


ARTICLE 6

REPRESENTATIONS AND WARRANTIES OF THE COMPANY


 


The Company represents and warrants
to PMOG the following:


 


Section 6.1                             Existence and Qualification.  The Company is a limited liability company
organized and validly existing under the Laws of the State of Delaware; and the
Company is duly qualified to do business as a foreign corporation in the
Commonwealth of Virginia.


 


Section 6.2                             Valid Issuance.  The offer and sale of the membership
interests in the Company to EGEL and PMOG has been duly authorized by the
Company and, when issued and delivered to EGEL and PMOG in accordance with the
terms of this Agreement, will be validly issued in accordance with the limited
liability company agreement of the Company, fully paid (to the extent required
under the limited liability company agreement of the Company) and
nonassessable, will not be subject to preemptive or similar rights and will be
free of any and all liens other than any arising under applicable state and
federal securities Laws.


 


Section 6.3                             Power.  The Company has the limited liability company
power to enter into and perform this Agreement (and all documents required to
be executed and delivered by the Company at Closing) and to consummate the
transactions contemplated by this Agreement (and such documents).


 


Section 6.4                             Authorization and Enforceability.  The execution, delivery and performance of
this Agreement by the Company (and all documents required to be executed and
delivered by the Company at Closing), and the consummation of the transactions
contemplated hereby and thereby, have been duly and validly authorized by all
necessary limited liability company action on the part of the Company.  This Agreement has been duly executed and
delivered by the Company (and all documents required to be executed and
delivered by the Company at Closing will be duly executed and delivered by the
Company) and this Agreement constitutes (and at the Closing such documents
will constitute) the valid and binding obligations of the Company, enforceable
in accordance with their terms except as such enforceability may be limited by
applicable bankruptcy or other similar Laws affecting the rights and remedies
of creditors generally, as well as to general principles of equity (regardless
of whether such enforceability is considered in a proceeding in equity or at
Law).


 


Section 6.5                             No Conflicts.  The execution, delivery and performance of
this Agreement by the Company (and all documents required to be executed and
delivered by the Company at Closing), and the consummation of the transactions
contemplated by this Agreement (and by such documents) will not (a) violate
any provision of the certificate of formation or limited liability company
agreement of the Company, (b) result in a default (with due notice or
lapse of time or both) or the creation of any lien or encumbrance or give
rise to any right of termination, cancellation or acceleration under any note,
bond, mortgage, indenture, license or agreement to


 


24

















 


which the Company is a party or by
which it is bound, (c) violate any judgment, order, ruling, or regulation
applicable to PMOG as a party in interest, or (d) violate any Law
applicable to the Company or any of its assets, except any matters described in
clauses (b), (c) or (d) above which would not have a material adverse
effect on the Company’s ability to consummate the transactions contemplated
hereby and except for compliance with the HSR Act.


 


Section 6.6                             Consents, Approvals or Waivers.  Except for compliance with the HSR Act,
neither the execution and delivery of this Agreement (nor any documents
required to be executed by the Company at Closing), nor the consummation of the
transactions contemplated hereby nor thereby, nor the compliance with the terms
hereof nor thereof (in each case, by the Company), will (a) be subject to
obtaining any consent, approval, or waiver from any Governmental Authority or
other third Person, or (b) except as would not, individually or in the
aggregate, have a material adverse effect on the Company’s ability to
consummate the transactions contemplated hereby, violate any applicable Law
binding upon the Company.


 


Section 6.7                             Litigation.  There are no actions, suits or proceedings
pending, or to the Company’s knowledge, threatened in writing by or before any
Governmental Authority or arbitrator against the Company which are reasonably
likely to impair the Company’s ability to consummate the transactions
contemplated hereby.


 


ARTICLE 7

COVENANTS OF THE PARTIES


 


Section 7.1                             Access.  Equitable will give PMOG and its
representatives access to the Assets and access to and the right to copy, at
PMOG’s expense, the Records in Equitable’s possession, for the purpose of
conducting an investigation of the Assets and the Company, but only to the
extent that Equitable may do so without violating any obligations to any third
Person; provided that Equitable shall use its commercially reasonable efforts
to obtain all consents and waivers from such third Persons if
necessary to permit PMOG’s access to the Assets and Records.  Such access by PMOG shall be limited to
Equitable’s normal business hours, and PMOG’s investigation shall be conducted
in a manner that minimizes interference with the operation of the Assets.  PMOG at its option may conduct a Phase I
environmental audit of any or all of the Assets, to the extent Equitable has
authority to permit such an audit, provided that neither PMOG nor its
representatives shall conduct any testing or sampling on or with respect to the
Assets prior to Closing.


 


Section 7.2                             Indemnity Regarding Access.  PMOG agrees to indemnify, defend and hold
harmless Equitable, its Affiliates, the other owners of interests in the Assets
(other than PMOG or its Affiliates), and all such Persons’ directors, officers,
employees, agents and representatives from and against any and all Damages
directly attributable to access to the Assets prior to the Closing by PMOG, its
Affiliates, or its or their directors, officers, employees, agents or
representatives in connection with PMOG’s due diligence activities with respect
to the transactions contemplated hereby, even
if caused in whole or in part by the negligence (whether sole, joint or
concurrent), strict liability or other legal fault of any Indemnified


 


25

















 


Person but
excluding any Damages to the extent caused by the gross negligence or willful
misconduct of any Indemnified Person.


 


Section 7.3                             Pre-Closing Notifications.  Until the Closing,


 


(a)          PMOG shall notify Equitable promptly after any officer of PMOG obtains
actual knowledge that (i) any representation or warranty of Equitable
contained in this Agreement is untrue in any material respect or will be untrue
in any material respect as of the Closing Date or (ii) any covenant or
agreement to be performed or observed by Equitable prior to or on the Closing
Date has not been so performed or observed in any material respect.


 


(b)         Equitable shall notify PMOG promptly after any officer of Equitable obtains
actual knowledge that (i) any representation or warranty of PMOG contained
in this Agreement is untrue in any material respect or will be untrue in any
material respect as of the Closing Date or (ii) any covenant or agreement
to be performed or observed by PMOG prior to or on the Closing Date has not
been so performed or observed in a material respect.


 


If any of PMOG’s or Equitable’s
representations or warranties are untrue or shall become untrue in any material
respect between the date of execution of this Agreement and the Closing Date,
or if any of PMOG’s or Equitable’s covenants or agreements to be performed or
observed prior to or on the Closing Date shall not have been so performed or
observed in any material respect, but if such breach of representation,
warranty, covenant or agreement shall (if curable) be cured by the Closing
and no non-breaching Party has terminated this Agreement pursuant to Section 10.1,
then such breach shall be considered not to have occurred for all purposes of
this Agreement;  provided that any costs
or expenses arising out of or relating to such cure shall be borne solely by
the Party who committed the breach (notwithstanding anything to the contrary
herein, including the adjustments set forth in Section 2.2).


 


Section 7.4                             Confidentiality, Public
Announcements.  Until the
Closing, the Parties shall keep confidential and cause their Affiliates and
their respective officers, directors, employees and representatives to keep
confidential all information relating to this Agreement and the Assets, except
as required by applicable Laws, administrative process or the applicable rules of
any stock exchange to which such Party or its Affiliates are subject, and
except for information which is available to the public on the date hereof or
thereafter becomes available to the public other than as a result of a breach
of this Section 7.4 by such Party or any such other Person.  Until the Closing, no Party shall make any
press release or other public announcement regarding the existence of this
Agreement (or any documents contemplated by this Agreement), the contents
hereof or thereof or the transactions contemplated hereby or thereby without
the prior written consent of the other Parties; provided, however, the
foregoing shall not restrict disclosures by any Party (a) that are agreed
to in writing by Equitable and PMOG, (b) that are required by applicable
securities or other Laws or the applicable rules of any stock exchange
having jurisdiction over the disclosing Party or its Affiliates, or (c) to
Governmental Authorities and third Persons holding Preferential Rights or
Consents that may be applicable to the


 


26

















 


transactions contemplated by this
Agreement (or any documents contemplated by this Agreement), as reasonably
necessary to obtain waivers of such rights or such consents.  The Parties agree to negotiate a reasonable and
customary post-Closing press release. Notwithstanding the foregoing, at no time
(before or after the Closing) shall either Party or its Affiliates disclose to third Persons the specific development plans for the Company’s operations, except (i) with the prior written consent of the
other Party, (ii) to suppliers and other Persons bound by similar confidentiality provisions as
is reasonably necessary to conduct
operations of the Company, (iii) that
are required by applicable securities or other Laws or the applicable rules of
any stock exchange having jurisdiction over the disclosing Party or its
Affiliates, (iv) as is reasonably necessary to Governmental Authorities, (v) to
prospective purchasers bound by similar confidentiality provisions, (vi) to
the disclosing Party’s Affiliates and such Party’s representatives bound by
similar confidentiality provisions or (vii) to the disclosing Party’s
lenders or financials advisors, or (viii) information which is
available to the public on the date hereof or thereafter becomes available to
the public other than as a result of a breach of this Section 7.4 by such
Party or any such other Person;
provided that the disclosing Party shall be responsible for any breach by the
parties listed under subsections (ii), (v) (vi) or (vii) above
of the confidentiality provisions set forth in this sentence.


 


Section 7.5                             Governmental Reviews.  Equitable, PMOG and the Company shall each in
a timely manner (a) make all required filings, including filings under the
Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”),
and prepare applications to and conduct negotiations, with each Governmental
Authority as to which such filings, applications or negotiations are necessary
or appropriate in the consummation of the transactions contemplated hereby, and
(b) provide such information as any other may reasonably request in order
to make such filings, prepare such applications and conduct such
negotiations.  Each Party shall cooperate
with and use all reasonable efforts to assist the other with respect to such
filings, applications and negotiations. 
Equitable shall pay all filing costs required by the HSR Act, in
connection with the transactions contemplated hereby, including the attorneys’
fees; provided, however, that such attorneys’ fees shall not exceed Ten
Thousand Dollars (US$10,000).


 


Section 7.6                                   Tax Matters.


 


(a)          Effective Time for Tax Purposes. 
Notwithstanding any other provision of this Agreement, the Parties shall
treat the sale of the Assets hereunder as occurring as of the Closing for all
Tax purposes.


 


(b)         Transfer Taxes.  Equitable and the Company shall
each pay any Transfer Taxes imposed on it by Law as a result of the
transactions contemplated by this Agreement, but, notwithstanding such
requirement at Law, the Company will indemnify and hold Equitable harmless from
all such Transfer Taxes.  Accordingly, if
Equitable is required at Law to pay any such Transfer Taxes, the Company shall
promptly reimburse Equitable for such amounts. 
Equitable and the Company shall timely file their own Transfer Tax
returns as required by Law and shall notify the other Party when such filings
have been made.  Equitable and the
Company shall cooperate and consult with


 


27

















 


each
other prior to filing such Transfer Tax returns to ensure that all such returns
are filed in a consistent manner.


 


(c)          Preparation of Tax Returns.  With respect
to any Tax Return covering a taxable period ending on or before the Closing
Date (a “Pre-Closing Taxable Period”) that is required to be filed after the
Closing Date with respect to the Assets, Equitable shall cause such Tax Return
to be prepared (in a manner consistent with practices followed in prior taxable
periods except as required by a change in Law or fact) and shall cause such Tax
Return to be executed and duly and timely filed with the appropriate
Governmental Authority and shall pay all Taxes shown as due on such Tax
Return.  With respect to any Tax Return
covering a taxable period beginning on or before the Closing Date and ending
after the Closing Date (a “Straddle Taxable Period”) that is required to be
filed after the Closing Date with respect to the Assets, the Company shall
cause such Tax Return to be prepared (in a manner consistent with practices
followed in prior taxable periods except as required by a change in Law or
fact) and shall cause such Tax Return to be executed and duly and timely filed
with the appropriate Governmental Authority and, subject to Equitable’s payment to the Company of a portion of such Tax
pursuant to Section 7.6(d), shall
pay all Taxes shown as due on such Tax Return.


 


(d)         Liability for Taxes.  Equitable shall be responsible for
and indemnify the Company against, and Equitable shall be entitled to all
refunds or credits of, any Tax with respect to the Assets that is attributable
to a Pre-Closing Taxable Period or to that portion of a Straddle Taxable Period
that ends on the Closing Date.  With
respect to a Straddle Taxable Period, Equitable and the Company shall determine
the Tax attributable to the portion of the Straddle Taxable Period that ends on
the Closing Date by an interim closing of the books with respect to the Assets
as of the Closing Date, except for ad valorem Taxes which shall be prorated on
a daily basis to the Closing Date, and Equitable shall pay to the Company an
amount equal to the Tax so determined to be attributable to that portion of a
Straddle Taxable Period that ends on the Closing Date within five (5) days
prior to the due date for the payment of such Tax to the extent not previously paid by Equitable.  The Company
shall be responsible for and indemnify Equitable against, and the Company shall be entitled to all
refunds and credits of, all Taxes with respect to the Assets that are
attributable to that portion of any Straddle Taxable Period beginning after the
Closing Date.  Notwithstanding the
foregoing, Equitable shall be entitled to the general abatement of property
Taxes issued by Dickenson County in the amount of one hundred thousand dollars
(US$100,000) per year for a period of five (5) years.


 


(e)          Tax Proceedings.  With respect to any Tax for which
Equitable is responsible, Equitable shall have the right, at its sole cost and
expense, to control (in the case of a Pre-Closing Taxable Period) or
participate in (in the case of a Straddle Taxable Period) the prosecution,
settlement or compromise of any proceeding involving such Tax, including the
determination of the value of property for purposes of real and personal
property ad valorem Taxes.  The Company
shall take such action in connection with any such proceeding as Equitable
shall reasonably request from time to time to implement the preceding sentence,
including the execution of powers of attorney. 
Notwithstanding the


 


28

















 


foregoing,
neither the Company nor Equitable shall settle any proceeding with respect to
any issue that could adversely affect the other Party in a taxable period (or
portion thereof) beginning after the Closing Date without the other Party’s
prior written consent, not to be unreasonably withheld, conditioned or
delayed.  The Company shall give written
notice to Equitable of its receipt of any notice of any audit, examination,
claim or assessment for any Tax which could result in any such proceeding within
twenty (20) days after its receipt of such notice.


 


(f)            Assistance and Cooperation.  Equitable
shall grant to the Company (or its designees) access at all reasonable times to
all of the information, books and records relating to the Assets within the possession
of Equitable (including workpapers and correspondence with Governmental
Authorities), and shall afford the Company (or its designees) the right (at the
Company’s expense) to take extracts therefrom and to make copies thereof, to
the extent reasonably necessary to permit the Company (or its designees) to
prepare Tax Returns and to conduct negotiations with Governmental
Authorities.  The Company shall grant to
Equitable (or its designees) access at all reasonable times to all of the
information, books and records relating to the Assets within the possession of
the Company (including workpapers and correspondence with Governmental
Authorities), and shall afford Equitable (or its designees) the right (at
Equitable’s expense) to take extracts therefrom and to make copies thereof, to
the extent reasonably necessary to permit Equitable (or its designees) to
prepare Tax Returns and to conduct negotiations with Governmental
Authorities.  After the Closing Date,
Equitable and the Company will preserve all information, records or documents
relating to liabilities for Taxes with respect to the Assets until six months
after the expiration of any applicable statute of limitations (including
extensions thereof) with respect to the assessment of such Taxes.


 


Section 7.7                             Further Assurances.  After Closing, each Party agrees to take such
further actions and to execute, acknowledge and deliver all such further
documents as are reasonably requested by any other Party for carrying out the
purposes of this Agreement, or of any document delivered pursuant to this
Agreement.


 


Section 7.8                             Assumption of Obligations.  By the consummation of the transactions
contemplated by this Agreement at Closing, and without limiting the
indemnification obligations of either Party under this Agreement, from and
after Closing the Company agrees to assume and pay, perform and discharge all
obligations of Equitable with respect to the Assets.


 


Section 7.9                             Pipeline Agreement.


 


(a)          Each of EPC and EGEL hereby consents and agrees to the transaction contemplated
by the Pipeline Agreement, with such consent to be effective as of the date of
the Pipeline Agreement.  PMOG hereby
agrees that the Pipeline Agreement does not breach or violate the Original
Lease or the Exploration
Agreement.


 


29

















 


(b)         Upon the contribution and assignment of the Pipeline Agreement by Equitable
to the Company, each of the Parties hereby consents and agrees the Pipeline
Agreement shall be cancelled and of no further force or effect.


 


Section 7.10                      Operation of Assets.  Except as set forth on Schedule 7.10, until the Closing, Equitable will (a) operate the Assets and the
business with respect thereto in the ordinary course, (b) not, without the
prior written consent of PMOG, which consent shall not be unreasonably
withheld, conditioned or delayed, commit to any operation, or series of related
operations thereon, requiring future capital expenditures by the Company as the
owner of the Assets in excess of those amounts reflected in the capital budget
previously provided by Equitable to PMOG, or terminate, materially amend,
execute or extend any material Contracts affecting the Assets, (c) maintain
insurance coverage on the Assets in the amounts and of the types presently in
force, (d) use its commercially reasonable efforts to maintain in full
force and effect all rights of way, easements and similar real property
interests, (e) maintain all material Governmental Permits affecting the
Assets, (f) not transfer, sell, hypothecate, encumber or otherwise dispose
of any Assets, except for transfers, sales or other similar dispositions of
Assets, in one or more transactions, not exceeding Five Hundred Thousand
Dollars (US$500,000.00)  of
consideration (in any form), in the aggregate, and (g) not commit to do
any of the foregoing. PMOG’s approval of any action restricted by this Section 7.10
shall be considered granted within ten (10) days (unless a shorter time is
reasonably required by the circumstances and such shorter time is specified in
Equitable’s written notice) of Equitable’s written notice to PMOG requesting
such consent unless PMOG notifies such Person to the contrary in writing during
that period. In the event of an emergency, Equitable may take such action as a
prudent operator would take and shall notify PMOG of such action promptly
thereafter.


 


Section 7.11                      Financial Information.  Equitable shall use its commercially
reasonable efforts to (a) assist PMOG and PMOG’s accountants, at the sole
cost and expense of PMOG, in the preparation of either (i) if relief is
granted by the SEC, statements of revenues and direct operating expenses and
all notes thereto related to the Assets or (ii) if such relief is not
granted by the SEC, the financial statements required by the SEC (such
financial statements set forth in the foregoing clauses (i) and (ii), as
applicable, the “Statements of Revenues and Expenses”) in each case of clauses (i) and
(ii), that will be required of PMOG or any of its Affiliates in connection with
reports, registration statements and other filings to be made by PMOG or any of
its Affiliates related to the transactions contemplated by this Agreement with
the SEC pursuant to the Securities Act, or the Exchange Act, in such form that
such statements and the notes thereto can be audited and (b) provide to
PMOG access to such financial information as is reasonably related to the
preparation of the Statements of Revenues and Expenses; provided that in no
event shall Equitable be obligated to prepare or provide financial information,
records or financial statements other than those kept by it in its ordinary
course of business.


 


Section 7.12                      Termination of Gas Gathering Agreement.  Effective as of the Closing, EGEL shall
terminate and shall cause its Affiliate, Equitable Energy, LLC, to terminate
(with such termination to be effective as of the Effective Time with


 


30

















 


respect to gas
produced by any member of the Company or any of its Affiliates, and as of the
Closing with respect to gas produced by unaffiliated third parties) that
certain Gas Gathering Agreement dated as of January 1, 2005 between EGEL
and Equitable Energy, LLC.


 


ARTICLE 8

CONDITIONS TO CLOSING


 


Section 8.1                             Conditions of Equitable to
Closing.  The
obligations of Equitable to proceed to consummate the transactions contemplated
by this Agreement are subject, at the option of Equitable, to the satisfaction
on or prior to Closing of each of the following conditions:


 


(a)          Representations of PMOG.  The
representations and warranties of PMOG set forth in Article 5 shall be
true and correct (disregarding
any materiality qualifiers) as of the
date of this Agreement and as of the Closing Date as though made on and as of
the Closing Date (other than representations and warranties that refer to a
specified date, which need only be true and correct, disregarding any materiality qualifiers, on and as of such specified date), except for such
breaches, if any, that in the
aggregate would not have a Material
Adverse Effect;


 


(b)         Performance.  PMOG shall have performed and
observed, in all material respects, all covenants and agreements to be
performed or observed by it under this Agreement prior to or on the Closing
Date and all deliveries contemplated by Section 9.3 shall have been made
(or PMOG shall be ready, willing and able to immediately make such deliveries);


 


(c)          Working Interest Purchase. The transactions contemplated by the
Purchase Agreement shall have closed (or PMOG shall be ready, willing and able
to simultaneously close such transactions with the transactions contemplated
hereby);


 


(d)         No Action.  On the Closing Date, no suit, action, or
other proceeding (excluding any such matter initiated by a Equitable or any of
its Affiliates) shall be pending or threatened before any Governmental
Authority or body of competent jurisdiction seeking to enjoin or restrain the
consummation of the transactions contemplated by this Agreement or recover
substantial damages from Equitable or any Affiliate of Equitable resulting
therefrom;


 


(e)          Asserted Title Defects/Casualties.  The sum of
all Asserted Title Defect Amounts for Asserted Title Defects properly reported
under Section 3.3(a), plus the Damages resulting from any casualty loss
occurring on or after the date hereof to all or any portion of the Assets,
shall be less than ten percent (10%) of the unadjusted Cash Contribution; and


 


(f)            HSR Act.  The necessary waiting period applicable to
the consummation of the transactions contemplated hereby under the HSR Act
shall have expired, or early termination of the waiting period shall have been
granted.


 


31

















 


Section 8.2                             Conditions of PMOG to Closing.  The obligations of PMOG to consummate the
transactions contemplated by this Agreement are subject, at the option of PMOG,
to the satisfaction on or prior to Closing of each of the following conditions:


 


(a)          Representations of Equitable.  The
representations and warranties of Equitable set forth in Article 4 shall
be true and correct (disregarding
any materiality qualifiers, including Material Adverse Effect) as of the date
of this Agreement and as of the Closing
Date as though made on and as of
the Closing Date (other than
representations and warranties that refer to a specified date, which need only
be true and correct,
disregarding any materiality qualifiers, including Material Adverse Effect, on and as of such specified date), except for such
breaches, if any, that in the
aggregate would not have a Material
Adverse Effect;


 


(b)         Representations of the Company.  The
representations and warranties of Company set forth in Article 6 shall be
true and correct (disregarding
any materiality qualifiers, including Material Adverse Effect) as of the date of this Agreement and as of the
Closing Date as though made on and as of the Closing Date (other than representations and warranties
that refer to a specified date, which need only be true and correct,
disregarding any materiality qualifiers, including Material Adverse Effect, on
and as of such specified date), except for such breaches, if any, that in the
aggregate would not have a Material Adverse Effect;


 


(c)          Performance.  Equitable and the Company shall
have performed and observed, in all material respects, all covenants and
agreements to be performed or observed by such Party under this Agreement prior
to or on the Closing Date and all deliveries by such Parties contemplated by Section 9.2
and Section 9.4 shall have been made (or such Parties shall be ready,
willing and able to immediately make such deliveries);


 


(d)         Working Interest Purchase. The transactions contemplated by the
Purchase Agreement shall have closed (or EPC shall be ready, willing and able
to simultaneously close such transactions with the transactions contemplated
hereby);


 


(e)          No Action.  On the Closing Date, no suit, action, or
other proceeding (excluding any such matter initiated by PMOG or any of its
Affiliates) shall be pending or threatened before any Governmental
Authority or body of competent jurisdiction seeking to enjoin or restrain the
consummation of the transactions contemplated by this Agreement or recover
substantial damages from PMOG or any Affiliate of PMOG resulting therefrom;


 


(f)            Asserted Title Defects/Casualties.  The sum of
all Asserted Title Defect Amounts for Asserted Title Defects properly reported
under Section 3.3(a), plus the Damages resulting from any casualty loss
occurring on or after the date hereof to all or any portion of the Assets,
shall be less than ten percent (10%) of the unadjusted Cash Contribution; and


 


32

















 


(g)         HSR Act.  The necessary waiting period applicable to
the consummation of the transactions contemplated hereby under the HSR Act
shall have expired, or early termination of the waiting period shall have been
granted.


 


ARTICLE 9

CLOSING


 


Section 9.1                             Time and Place of Closing.  The consummation of the transactions
contemplated by this Agreement (the “Closing”) shall, (i) unless otherwise
agreed to in writing by PMOG and Equitable or otherwise provided in this
Agreement, take place at the offices of Equitable located at 225 North Shore
Drive, Pittsburgh, Pennsylvania 15212, at 10:00 a.m., local time, on May 4,
2007, or (ii) if all conditions in Article 8 to be satisfied prior to
Closing have not yet been satisfied or waived, as soon thereafter as such
conditions have been satisfied or waived, subject to the provisions of Article 10.  For the avoidance of doubt, each Closing
subsequent to the initial Closing pursuant to Section 3.4 shall constitute
a Closing for purposes of this Agreement and, as such, the conditions to
Closing set forth in Section 8.1 and Section 8.2, the actions
required at Closing by Section 9.2 and Section 9.3, and the
adjustments required by Section 2.2 shall apply with respect to each such
Closing.  The date on which a Closing
occurs is referred to herein as the “Closing Date.”


 


Section 9.2                             Closing Deliveries of Equitable.  At the Closing, upon the terms and subject to
the conditions of this Agreement, and subject to the simultaneous performance
by PMOG of its obligations pursuant to Section 9.3, Equitable shall
deliver or cause to be delivered to PMOG and the Company, among other things,
the following:


 


(a)          Duly executed conveyances of the Assets to the Company in substantially the
form attached hereto as Exhibit B (the “Conveyance”), in sufficient
duplicate originals to allow recording in all appropriate jurisdictions and
offices;


 


(b)         A certificate duly executed by an authorized officer of EPC, dated as of
the Closing, certifying on behalf of EPC that the conditions set forth in Section 8.2(a) and
Section 8.2(c) have been fulfilled;


 


(c)          A certificate duly executed by an authorized officer of EGEL, dated as of
the Closing, certifying (i) on behalf of EGEL that the conditions set
forth in Section 8.2(a) and Section 8.2(c) have been
fulfilled and (ii) as the sole member of the Company, on behalf of the
Company, that the conditions set forth in Section 8.2(b) and Section 8.2(c) have
been fulfilled;


 


(d)         An amended and restated limited liability company agreement duly executed
by an authorized officer of EGEL, dated as of the Closing, in substantially the
form attached hereto as Exhibit C (the “LLC Agreement”);


 


(e)          A gas gathering agreement duly executed by an authorized corporate officer
of Equitable Energy LLC, dated as of the Closing, in substantially the form
attached hereto as Exhibit G (the “Gathering Agreement”);


 


33
















 


(f)            A gas purchase agreement duly executed by an
authorized officer of EPC and an authorized officer of Equitable Energy LLC,
dated as of the Closing, in substantially the form attached hereto as Exhibit H;


 


(g)         A change of control agreement duly executed by an authorized officer of
each of EPC, EGEL and PMOG, dated as of the Closing, in substantially the form
attached hereto as Exhibit L (the “Change of Control Agreement”);


 


(h)         A guaranty agreement duly executed by an authorized officer of EQT
Investments, LLC, dated as of the Closing, in substantially the form attached
hereto as Exhibit M;


 


(i)             A note duly executed by an authorized officer of ET
Blue Grass Company, dated as of the Closing, in substantially the form attached
hereto as Exhibit E;


 


(j)             An interconnection agreement duly executed by
an authorized officer of EPC,
dated as of the Closing, in substantially the form attached hereto as Exhibit O; and


 


(k)          Resignations of all managers and officers of the
Company effective as of the Closing.


 


Section 9.3                             Closing Deliveries of PMOG.  At the Closing, upon the terms and subject to
the conditions of this Agreement, and subject to the simultaneous performance
by Equitable of its obligations pursuant to Section 9.2 and by the Company
of its obligations pursuant to Section 9.4, PMOG shall deliver or cause to
be delivered to Equitable and the Company, among other things, the following:


 


(a)          A wire transfer to the Company of the Cash Contribution and the Closing
Payment in same-day funds;


 


(b)         A certificate duly executed by an authorized officer of PMOG, dated as of
the Closing, certifying on behalf of PMOG that the conditions set forth in Section 8.1(a) and
Section 8.1(b) have been fulfilled;


 


(c)          The LLC Agreement duly executed by an authorized officer of PMOG, dated as
of the Closing;


 


(d)         An assignment of easement agreement duly executed by an authorized officer
of PMOG, dated as of the Closing, in substantially the form attached hereto as Exhibit D
(the “New Easement Agreement”);


 


(e)          As assignment and bill of sale in substantially the form of Exhibit B
(but with PMOG as the assignor thereunder) assigning to the Company PMOG’s
right, title and interest (if
any) in and to the gas gathering system,
facilities, compressors and pipelines described on Exhibit A-1;


 


34

















 


(f)            The Change of Control Agreement duly executed by an
authorized officer of PMOG, dated as of the Closing; and


 


(g)         A guaranty agreement duly executed by an authorized officer of Range
Resources Corporation, dated as of the Closing, in substantially the form
attached hereto as Exhibit N;


 


Section 9.4                             Closing Deliveries of the Company.  At the Closing, upon the terms and subject to
the conditions of this Agreement, and subject to the simultaneous performance
by PMOG of its obligations pursuant to Section 9.3, the Company shall
deliver or cause to be delivered to Equitable and PMOG, among other things, the
following:


 


(a)          The LLC Agreement duly executed by an authorized officer of the Operating
Member on behalf of the Company, dated as of the Closing;


 


(b)         A duly executed Conveyance and the New Easement Agreement, in sufficient
duplicate originals to allow recording in all appropriate jurisdictions and
offices;


 


(c)          The Gathering Agreement duly executed by an authorized officer of the
Operating Member on behalf of the Company, dated as of the Closing;


 


(d)         The New Easement Agreement duly executed by an authorized officer of
the Operating Member on behalf of the Company, dated as of the Closing; and


 


(e)          An interconnection agreement duly executed by an authorized officer of
the Operating Member on behalf of the Company, dated as of the Closing, in
substantially the form attached hereto as Exhibit O.


 


ARTICLE 10

TERMINATION AND AMENDMENT


 


Section 10.1                      Termination.  This Agreement may be terminated at any time
prior to Closing:  (i) by the mutual
prior written consent of EPC and PMOG; (ii) by either of PMOG or EPC, if
the Closing has not occurred on or before sixty (60) days after the date
hereof; (the “Termination Date”); provided, however, that the right to
terminate this Agreement under this Section 10.1 shall not be available (A) to
Equitable or the Company, if any breach of this Agreement by Equitable or the
Company has been the principal cause of, or resulted in, the failure of the
Closing to occur on or before the Termination Date, or (B) to PMOG, if any
breach of this Agreement by PMOG has been the principal cause of, or resulted
in, the failure of the Closing to occur on or before the Termination Date; (iii) by
Equitable, if (A) any of the representations and warranties of PMOG
contained in this Agreement shall not be true and correct in all material
respects (provided that any such representation or warranty that is already
qualified by a materiality standard or a material adverse effect qualification
shall not be further qualified); or (B) PMOG shall have failed to fulfill
in any material respect any of its obligations under this Agreement; and, in
the case of each of clauses (A) and (B) of this subsection (iii),
Equitable shall have given PMOG written notice of such misrepresentation,
breach of warranty 


 


35

















 


or
failure, if curable, and such misrepresentation, breach of warranty or failure
has not been cured by the Termination Date; or (iv) by PMOG, if (A) any
of the representations and warranties of Equitable or the Company contained in
this Agreement shall not be true and correct in all material respects (provided
that any such representation or warranty that is already qualified by a
materiality or Material Adverse Effect qualification shall not be further
qualified); or (B) Equitable or the Company shall have failed to fulfill
in any material respect any of its obligations under this Agreement, and, in
the case of each of clauses (A) and (B) of this subsection (iv), PMOG
shall have given Equitable written notice of such misrepresentation, breach of
warranty or failure, if curable, and such misrepresentation, breach of warranty
or failure has not been cured by the Termination Date.


 


Section 10.2                      Effect of Termination.  If this Agreement is terminated pursuant to Section 10.1,
this Agreement shall become void and of no further force or effect except for
the provisions of Section 4.4, Section 5.5, Section 7.2, Section 7.4 (other than the last sentence thereof), Section 12.8, Section 12.17, Section 12.18
and Section 12.19,  which
shall continue in full force and effect. 
Notwithstanding anything to the contrary in this Agreement, the
termination of this Agreement under Section 10.1 shall not relieve
any Party from liability for Damages resulting from any willful or negligent
breach of this Agreement by such Party in any material respect.


 


ARTICLE 11

INDEMNIFICATIONS; LIMITATIONS


 


Section 11.1                      Indemnification.


 


(a)          [Intentionally omitted].


 


(b)         From and after Closing, Equitable shall indemnify, defend and hold harmless
the Company Indemnified Persons and the PMOG Indemnified Persons against and
from all Damages incurred or suffered by any such Indemnified Person:


 


(i)                                     caused by, arising out of or resulting from the
ownership, use, or operation of the Assets before the Closing,


 


(ii)                                  caused by, arising out of or resulting from Equitable’s
or the Company’s breach of any of the covenants or agreements contained in Article 7,


 


(iii)                               caused by, arising out of or resulting from any
breach of any representation or warranty made by Equitable or the Company
contained in Article 4, Article 6 or in the certificate delivered by
Equitable at Closing pursuant to Section 9.2(b) and Section 9.2(c),


 


(iv)                              caused by, arising out of or resulting from the
claims, suits, proceedings and actions described in Schedule 4.6A hereto, or


 


36

















 


(v)                                 caused by, arising out of or resulting from (A) the
Excluded Assets or (B) any pipeline imbalances attributable to the Assets
prior to the Closing,


 


except to the
extent such Damages are caused in whole or in part by the negligence (whether
sole, joint, or concurrent), strict liability, or other legal fault of any
Indemnified Person.  Notwithstanding the foregoing, Equitable
shall not be required under this Section 11.1(b) to indemnify, defend
or hold harmless the PMOG Indemnified Persons from Property Costs accruing from
and after the Effective Time and attributable to the Assets.  The term “Company Indemnified Persons” as
used herein means the Company and its Affiliates and their respective
directors, officers, employees, stockholders, members, agents, consultants,
advisors and other representatives (including legal counsel, accountants and
financial advisors).  The term “PMOG
Indemnified Persons” as used herein means PMOG and its Affiliates and their
respective directors, officers, employees, stockholders, members, agents,
consultants, advisors and other representatives (including legal counsel,
accountants and financial advisors).


 


(c)          From and after Closing, PMOG shall indemnify, defend, and hold harmless the
Company Indemnified Parties and the Equitable Indemnified Parties against and
from all Damages incurred or suffered by any such Indemnified Person:


 


(i)                                     caused by, arising out of or resulting from PMOG’s
breach of any of PMOG’s covenants or agreements contained in Article 5, or


 


(ii)                                  caused by, arising out of or resulting from any
breach of any representation or warranty made by PMOG contained in Article 5
of this Agreement or in the certificate delivered by PMOG at Closing pursuant
to Section 9.3(b),


 


except to the
extent such Damages are caused in whole or in part by the negligence (whether
sole, joint, or concurrent), strict liability, or other legal fault of any
Indemnified Person.  The term “Equitable Indemnified Persons” as
used herein means Equitable and its Affiliates and their respective directors,
officers, employees, stockholders, members, agents, consultants, advisors and
other representatives (including legal counsel, accountants and financial
advisors).


 


(d)         Notwithstanding anything to the contrary contained in this Agreement, from
and after Closing, this Section 11.1 contains the Parties’ exclusive
remedy against each other with respect to breaches of the representations,
warranties, covenants and agreements of the Parties contained in Article 4,
Article 5, Article 6 and Article 7 (excluding Section 7.2),
which shall be separately enforceable by the injured party pursuant to whatever
rights and remedies are available to it outside of this Article 11) and
the affirmations of such representations, warranties, covenants and agreements
contained in the certificate delivered by each Party at Closing pursuant to Section 9.2(b),
Section 9.2(c) or Section 9.3(b), as applicable.  Except for (i) the remedies contained in
this Section 11.1, (ii) any other remedies available to the Parties at Law or
in equity for


 


37

















 


breaches
of provisions of this Agreement other than Article 4, Article 5, Article 6
and Article 7 (excluding Section 7.2) and (iii) the remedies
available in connection with any other document delivered by any Party in
connection with the transactions contemplated hereby, from and after Closing
each Party releases, remises, and forever discharges the other Parties and
their respective Affiliates and all such Persons’ stockholders, officers,
directors, employees, agents, advisors and representatives from any and all
suits, legal or administrative proceedings, claims, demands, damages, losses,
costs, liabilities, interest, or causes of action whatsoever, in Law or in
equity, known or unknown, which such Parties might now or subsequently may have,
based on, relating to or arising out of this Agreement or the consummation of
the transactions contemplated hereby, except
to the extent caused in whole or in part by the negligence (whether sole,
joint, or concurrent), strict liability, or other legal fault of any released
Person.


 


(e)          “Damages” shall mean the amount of any actual liability, loss, cost,
expense, claim, award, or judgment incurred or suffered by any Indemnified
Person arising out of or resulting from the indemnified matter, whether attributable
to personal injury or death, property damage, contract claims, torts or
otherwise including reasonable fees and expenses of attorneys, consultants,
accountants, or other agents and experts reasonably incident to matters
indemnified against, and the costs of investigation and/or monitoring of such
matters, and the costs of enforcement of the indemnity; provided, however, that
no Party shall be entitled to indemnification under this Agreement for, and “Damages”
shall not include (except to the extent that such Damages are awarded to an unaffiliated  third
Person) (i) loss of profits or other consequential damages suffered by the
Party claiming indemnification, or any punitive damages or (ii) in
the event the Indemnified Person takes any action that exceeds the scope of the
operating authority granted to it under the LLC Agreement, any liability, loss,
cost, expense, claim, award or judgment to the extent and only to the extent
increased by such action..


 


(f)            The indemnity to which each Party is entitled under
this Agreement shall be for the benefit of and extend to such Indemnified
Persons affiliated with such Party as described above in this Agreement.  Any claim for indemnity under this Agreement
by any such Indemnified Person (other than a Party) must be brought and
administered by the applicable Party to this Agreement.  No Indemnified Person other than a Party
shall have any rights against any Party under the terms of this Section 11.1
or otherwise under this Agreement except as may be exercised on its behalf by
such Party, pursuant to this Section 11.1(f).  Each Party may elect to exercise or not
exercise indemnification rights under this Section on behalf of the other
Indemnified Persons affiliated with it in its sole discretion and shall have no
liability to any such other Indemnified Person for any action or inaction under
this Agreement.


 


(g)         For the sole purposes of the indemnities set forth in this Section 11.1, in determining a breach or inaccuracy of any Party’s
representations or warranties and
in calculating the amount of Damages
incurred, arising out of or relating to any such breach or inaccuracy of a
representation or warranty, any references to “Material Adverse Effect” or other
materiality qualifications (or correlative terms) shall be disregarded.


 


38

















 


Section 11.2                      Indemnification Actions.  All claims for indemnification under Section 11.1
shall be asserted and resolved as follows:


 


(a)          For purposes of this Agreement, the term “Indemnifying Person” when used in
connection with particular Damages shall mean the Person having an obligation
to indemnify another Person or Persons with respect to such Damages pursuant to
this Agreement, and the term “Indemnified Person” when used in connection with
particular Damages shall mean a Person having the right to be indemnified with
respect to such Damages pursuant to this Agreement.


 


(b)         To make claim for indemnification under Section 11.1, an Indemnified
Person shall notify the Indemnifying Person of its claim, including the
specific details of and specific basis under this Agreement for its claim (the “Claim
Notice”).  In the event that the claim
for indemnification is based upon a claim by a third Person against the
Indemnified Person (a “Claim”), the Indemnified Person shall provide its Claim
Notice promptly after the Indemnified Person has actual knowledge of the Claim
and shall enclose a copy of all papers (if any) served with respect to the
Claim; provided that the failure of any Indemnified Person to give notice of a
Claim as provided in this Section 11.2 shall not relieve the Indemnifying
Person of its obligations under Section 11.1 except to the extent (and
only to the extent of such incremental Damages incurred) such failure results
in insufficient time being available to permit the Indemnifying Person to
effectively defend against the Claim or otherwise prejudices the Indemnifying
Person’s ability to defend against the Claim. 
In the event that the claim for indemnification is based upon an inaccuracy
or breach of a representation, warranty, covenant, or agreement, the Claim
Notice shall specify the representation, warranty, covenant, or agreement that
was inaccurate or breached.


 


(c)          In the case of a claim for indemnification based upon a Claim, the
Indemnifying Person shall have thirty (30) days from its receipt of the
Claim Notice to notify the Indemnified Person whether or not it agrees to
indemnify and defend the Indemnified Person against such Claim under this Article 11.  The Indemnified Person is authorized, prior
to and during such thirty (30) day period, to file any motion, answer, or
other pleading that it shall deem necessary or appropriate to protect its
interests or those of the Indemnifying Person and that is not prejudicial to the
Indemnifying Person.


 


(d)         If the Indemnifying Person agrees to indemnify the Indemnified Person, it
shall have the right and obligation to diligently defend, at its sole cost and
expense, the Claim.  The Indemnifying
Person shall have full control of such defense and proceedings, including any
compromise or settlement thereof.  If
requested by the Indemnifying Person, the Indemnified Person agrees to
cooperate in contesting any Claim, which the Indemnifying Person elects to
contest (provided, however, that the Indemnified Person shall not be required
to bring any counterclaim or cross-complaint against any Person).  The Indemnified Person may participate in,
but not control, at its sole cost and expense, any defense or settlement of any
Claim controlled by the Indemnifying Person pursuant to this Section 11.2(d).  An Indemnifying Person shall not, without the
written consent of


 


39

















 


the
Indemnified Person, such consent not to be unreasonably withheld, conditioned or
delayed, settle any Claim or consent to the entry of any judgment with respect
thereto that (i) does not result in a final resolution of the Indemnified
Person’s liability with respect to the Claim (including, in the case of a
settlement, an unconditional written release of the Indemnified Person from all
liability in respect of such Claim) or (ii) may materially and
adversely affect the Indemnified Person (other than as a result of money
damages covered by the indemnity).


 


(e)          If the Indemnifying Person does not agree to indemnify the Indemnified
Person within the thirty (30) day period specified in Section 11.2(c),
fails to give notice to the Indemnified Party within such thirty (30) day
period regarding its election, or if the Indemnifying Party agrees to
indemnify, but fails to diligently defend or settle the Claim, then the
Indemnified Person shall have the right to defend against the Claim (at the
sole cost and expense of the Indemnifying Person, if the Indemnified Person is
entitled to indemnification hereunder), with counsel of the Indemnified Person’s
choosing; provided, however, that the Indemnified Party shall make no
settlement, compromise, admission, or acknowledgment that would give rise to
liability on the part of any Indemnifying Party without the prior written
consent of such Indemnifying Party, which consent shall not be unreasonably
withheld, conditioned or delayed.


 


(f)            In the case of a claim for indemnification not based
upon a Claim, the Indemnifying Person shall have thirty (30) days from its
receipt of the Claim Notice to (i) cure the Damages complained of, (ii) agree
to indemnify the Indemnified Person for such Damages, or (iii) dispute the
claim for such Damages.  If such
Indemnifying Person does not respond to such Claim Notice within such thirty
(30) day period, such Person will be deemed to dispute the claim for Damages.


 


Section 11.3                      Limitation on Actions.


 


(a)          The representations and warranties of the Parties in Article 4, Article 5
and Article 6 and the covenants and agreements of the Parties in Article 7,
and the corresponding representations and warranties given in the certificates
delivered at the Closing pursuant to Section 9.2(b), Section 9.2(c) or
Section 9.3(b), as applicable, shall survive the Closing for a period of
one (1) year, except that, (i) with respect to any taxable period,
the representations, warranties, covenants and agreements contained in Section 4.7
and Section 7.6 shall survive until the applicable statute of limitations
closes such taxable period and (ii) the provisions of Section 4.4, Section 5.5 and the last sentence in Section 7.4 shall survive the Closing without time limit.  The remainder of this Agreement shall survive
the Closing without time limit, except as provided in Section 11.3(b) below.  Representations, warranties, covenants, and
agreements shall be of no further force and effect after the date of their
expiration (if any), provided that there shall be no termination of any bona
fide claim asserted pursuant to this Agreement with respect to such a
representation, warranty, covenant, or agreement prior to its expiration date.


 


40

















 


(b)         The indemnities in Section 11.1(b)(ii), Section 11.1(b)(iii), Section 11.1(c)(i) and
Section 11.1(c)(ii) shall terminate as of the termination date of
each respective representation, warranty, covenant or agreement that is subject
to indemnification, except (in each case) as to matters for which a specific
written claim for indemnity has been delivered to the Indemnifying Person on or
before such termination date.  The
indemnities in Section 11.1(b)(i)  shall terminate on the date
which is three (3) years from the Closing Date except (in each case) as to
matters for which a specific written claim for indemnity has been delivered to
the Indemnifying Person on or before such termination date.


 


(c)          Except for claims relating to a breach of a Party’s obligations under Section 4.4,
Section 4.7, Section 5.5, Section 7.6, no individual
claim of an Indemnified Person may be made against any Party for any Damages
under Article 10 unless such Damages exceed an amount equal to Fifty
Thousand Dollars (US$50,000). Furthermore, except for claims relating to a
breach of a Equitable’s obligations under Section 4.4, Section 4.7, the last sentence of Section 7.4, Section 7.6,
Section 11.1(b)(iv) and Section 11.1(b)(v), Equitable shall not have any liability for any
indemnification under Section 11.1(b) until and unless the aggregate
amount of the liability for all Damages for which Claim Notices are delivered
by the Company or PMOG exceeds Three Hundred Fifty Thousand Dollars
(US$350,000.00), then only to the extent such Damages exceed Three Hundred
Fifty Thousand Dollars (US$350,000.00). 
The adjustments under Section 2.2, any further adjustments with
respect to income, proceeds, receipts and credits under Section 12.1, any
future adjustments with respect to Property Costs under Section 12.2 and
any payments in respect of any of the preceding, as well as any Damages arising
out of a breach by a Party of any other provision of this Agreement (excluding
the provisions of Article 4, Article 5, Article 6 and Article 7),
shall not be limited by this Section.


 


(d)         Notwithstanding anything to the contrary contained elsewhere in this
Agreement, Equitable shall not be required to indemnify any Party under this Article 11
(excluding Section 11.1(b)(iv) and
Section 11.1(b)(v)) for aggregate
Damages in excess of fifteen percent (15%) of the Cash Contribution.


 


(e)          The amount of any Damages for which an Indemnified Person is entitled to
indemnity under this Article 11 shall be reduced by the amount of
insurance proceeds actually realized and received by the Indemnified Person or
its Affiliates with respect to such Damages (net of any collection costs, and
excluding the proceeds of any insurance policy issued or underwritten by the
Indemnified Person or its Affiliates).


 


ARTICLE 12  

MISCELLANEOUS


 


Section 12.1                      Receipts.  Any income, proceeds, receipts and credits
attributable to the Assets which are not reflected in the adjustments to the
Cash Contribution following the final adjustment pursuant to Section 2.2(b) shall
be treated as follows:  (a) all
income, proceeds, receipts and credits earned with respect to the Assets to
which the Company is entitled under


 


41

















 


Section 1.5 shall be the sole
property and entitlement of the Company, and, to the extent received by
Equitable, Equitable shall fully disclose, account for and remit the same
promptly to the Company; and (b) all income, proceeds, receipts and
credits earned with respect to the Assets to which Equitable is entitled under Section 1.5
shall be the sole property and entitlement of Equitable and, to the extent
received by the Company, the Company shall fully disclose, account for and
remit the same promptly to Equitable.


 


Section 12.2                      Property Costs.  Any Property Costs which are not reflected in
the adjustments to the Cash Contribution following the final adjustment
pursuant to Section 2.2(b) shall be treated as follows:  (a) all Property Costs for which
Equitable is responsible under Section 1.5 shall be the sole obligation of
Equitable and Equitable shall promptly pay, or if paid by the Company, promptly
reimburse the Company for and hold the Company harmless from and against same;
and (b) all Property Costs for which the Company is responsible under Section 1.5
shall be the sole obligation of the Company and the Company shall promptly pay,
or if paid by Equitable, promptly reimburse Equitable for and hold Equitable
harmless from and against same.


 


Section 12.3                      Counterparts.  This Agreement may be executed in
counterparts, each of which shall be deemed an original instrument, but all
such counterparts together shall constitute but one agreement.


 


Section 12.4                      Notices.  All notices that are required or may be given
pursuant to this Agreement shall be sufficient in all respects if given in
writing and delivered personally, by facsimile or by recognized courier
service, as follows:


 


	
  If to EPC or EGEL:

  	
   

  	
  225 North Shore Drive

  
	
   

  	
   

  	
  Pittsburgh, Pennsylvania 15212

  
	
   

  	
   

  	
  Attention: Corporate
  Secretary

  
	
   

  	
   

  	
  Telephone: (412)553-5700

  
	
   

  	
   

  	
  Telecopy: (412)553-7781

  
	
   

  	
   

  	
   

  
	
  With a copy to:

  	
   

  	
  Baker Botts LLP

  
	
   

  	
   

  	
  1500 San Jacinto
  Center

  
	
   

  	
   

  	
  98 San Jacinto
  Avenue

  
	
   

  	
   

  	
  Austin, Texas
  78701

  
	
   

  	
   

  	
  Attention:
  Michael Bengtson

  
	
   

  	
   

  	
  Telephone:
  (512)322-2661

  
	
   

  	
   

  	
  Telecopy:
  (512)322-8349

  
	
   

  	
   

  	
   

  
	
  If to PMOG:

  	
   

  	
  777 Main Street, Suite 800

  
	
   

  	
   

  	
  Fort Worth, Texas 76102

  
	
   

  	
   

  	
  Attention: Chad
  Stephens

  
	
   

  	
   

  	
  Telephone: (810)
  817-1929

  
	
   

  	
   

  	
  Telecopy: (810)
  817-1990

  



 


42

















 


	
  With a copy to:

  	
   

  	
  125 State Route
  43

  
	
   

  	
   

  	
  P.O. Box
  550

  
	
   

  	
   

  	
  Hartville, OH
  44632

  
	
   

  	
   

  	
  Attention: Jeffery
  A. Bynum

  
	
   

  	
   

  	
  Telephone: (330)
  877-6747

  
	
   

  	
   

  	
  Telecopy: (330)
  877-6129

  
	
   

  	
   

  	
   

  
	
  If to the Company:

  	
   

  	
  225 North Shore Drive

  
	
   

  	
   

  	
  Pittsburgh, Pennsylvania 15212

  
	
   

  	
   

  	
  Attention: Corporate
  Secretary

  
	
   

  	
   

  	
  Telephone: (412)553-5700

  
	
   

  	
   

  	
  Telecopy: (412)553-7781

  



 


Any Party may change its address for
notice by notice to the other Party in the manner set forth above.  All notices shall be deemed to have been duly
given at the time of receipt by the Party to which such notice is addressed if
received during regular business hours on a Business Day or, if not so
received, on the next Business Day.


 


Section 12.5                      [Intentionally Omitted].


 


Section 12.6                      Expenses.  All expenses incurred by Equitable or the
Company in connection with or related to the authorization, preparation or
execution of this Agreement, and the Exhibits and Schedules hereto and thereto,
and all other matters related to the Closing, including all fees and expenses
of counsel, accountants and financial advisers employed by Equitable, shall be
borne solely and entirely by Equitable, and all such expenses incurred by PMOG
shall be borne solely and entirely by PMOG.


 


Section 12.7                      Replacement of Bonds, Letters of
Credit and Guarantees.  The Parties
understand that none of the bonds, letters of credit and guarantees, if any,
posted by Equitable or any of its Affiliates with any Governmental Authority or
third Person and relating to the Assets are to be transferred to the
Company.  As soon as practicable
following Closing, the Company shall obtain, or cause to be obtained in the
name of the Company, replacements for such bonds, letters of credit and
guarantees, to the extent such replacements are necessary to permit the
cancellation of the bonds, letters of credit and guarantees posted by Equitable
and such Affiliates or to consummate the transactions contemplated by this
Agreement.


 


Section 12.8                      Governing Law; Jurisdiction;
Court Proceedings.  This Agreement
and the legal relations between the Parties shall be governed by and construed
in accordance with the laws of the Commonwealth of Virginia without regard to
principles of conflicts of laws that would direct the application of the laws
of another jurisdiction.  Each of the
Parties agrees that it shall bring any action or proceeding in respect of any
claim arising out of or related to this Agreement or the transactions
contemplated hereby exclusively in the Federal Court for the Western District
of Virginia (the “Chosen Court”) and, solely in connection with claims arising
under this Agreement or the transactions contemplated hereby, (i) irrevocably
submits to the


 


43
















 


exclusive jurisdiction of the Chosen
Court, (ii) waives any objection to laying venue in any such action or
proceeding in the Chosen Court, and (iii) waives any objection that the
Chosen Court is an inconvenient forum or does not have jurisdiction over it.  The foregoing consents to jurisdiction shall
not constitute general consents for any purpose except as provided herein and
shall not be deemed to confer rights on any Person other than the Parties.


 


Section 12.9                      Records.  Equitable shall provide access to PMOG to
such Records as PMOG shall reasonably request that are in the possession of
Equitable or its Affiliates, in order for PMOG to make copies of the same,
provided that Equitable shall be permitted to retain the originals of all such
Records as Operating Member of the Company.


 


Section 12.10               Captions.  The captions in this Agreement are for
convenience only and shall not be considered a part of or affect the
construction or interpretation of any provision of this Agreement.


 


Section 12.11               Waivers.  Any failure by any Party to comply with any
of its obligations, agreements or conditions herein contained may be waived by
the Party to whom such compliance is owed by an instrument signed by the Party
to whom compliance is owed and expressly identified as a waiver, but not in any
other manner.  No waiver of, or consent
to a change in, any of the provisions of this Agreement shall be deemed or
shall constitute a waiver of, or consent to a change in, other provisions hereof
(whether or not similar), nor shall such waiver constitute a continuing waiver
unless otherwise expressly provided.


 


Section 12.12               Assignment.  No Party shall assign or otherwise transfer
all or any part of this Agreement, except to a wholly-owned Affiliate in a
transfer whereby this Agreement remains binding upon the transferring Party,
nor shall any Party delegate any of its rights or duties hereunder, without the
prior written consent of the other Party and any transfer or delegation made
without such consent shall be void. 
Subject to the foregoing, this Agreement shall be binding upon and inure
to the benefit of the Parties hereto and their respective successors and
assigns.


 


Section 12.13               Entire Agreement.  This Agreement, the Exhibits and Schedules attached hereto and the documents to be executed hereunder or in connection with a condition to Closing, together with the Purchase Agreement, the exhibits and schedules attached thereto and the documents to be executed thereunder or in connection with a
condition to the closing thereof (the “Transaction Documents”), shall constitute the entire agreement among
the Parties and their Affiliates
pertaining to the subject matter of the Transaction
Documents, and supersede all prior
agreements, understandings, negotiations and discussions, whether oral or
written, among the Parties and
their Affiliates regarding such subject matter, including that certain letter of intent, dated as of September 25,
2006, between Range Resources Corporation and Equitable Resources, Inc.
(the “Letter of Intent”).  The Parties
agree that, effective as of the Execution Date, the Letter of Intent shall be
of no further force and effect.


 


44

















 


Section 12.14               Amendment.  This Agreement may be amended or modified
only by an agreement in writing signed by Equitable and PMOG and expressly
identified as an amendment or modification.


 


Section 12.15               No Third Person Beneficiaries.  Nothing in this Agreement shall entitle any
Person other than a Party to any claim, cause of action, remedy or right of any
kind, except the rights expressly provided to the Persons described in Section 11.1(f).


 


Section 12.16               References.


 


In this Agreement:


 


(a)          References to any gender include a reference to all other genders;


 


(b)         References to the singular include the plural, and vice versa;


 


(c)          Reference to any Article or Section means an Article or Section of
this Agreement;


 


(d)         Reference to any Exhibit or Schedule means an Exhibit or Schedule
to this Agreement, all of which are incorporated into and made a part of this
Agreement;


 


(e)          Unless expressly provided to the contrary, “hereunder”, “hereof”, “herein”
and words of similar import are references to this Agreement as a whole and not
any particular Section or other provision of this Agreement; and


 


(f)            “Include” and “including” shall mean include or
including without limiting the generality of the description preceding such
term.


 


Section 12.17               Construction.  PMOG is a party capable of making such
investigation, inspection, review and evaluation of the Assets as a prudent
person would deem appropriate under the circumstances, including with respect
to all matters relating to the Assets, their value, operation and
suitability.  Each of Equitable, PMOG and
the Company has had the opportunity to exercise business discretion in relation
to the negotiation of the details of the transaction contemplated hereby.  This Agreement is the result of arm’s-length
negotiations from equal bargaining positions.


 


Section 12.18               Limitation on Damages.  Notwithstanding anything to the contrary
contained herein, no Party or any of their respective Affiliates shall be
entitled to consequential, special or punitive damages in connection with this
Agreement and the transactions contemplated hereby (other than consequential,
special or punitive damages suffered by unaffiliated third Persons for
which responsibility is allocated to a Party) and each Party, for itself
and on behalf of its Affiliates, hereby expressly waives any right to
consequential, special or punitive damages in connection with this Agreement
and the transactions contemplated hereby.


 


45

















 


Section 12.19               Attorneys’ Fees.  Except as expressly provided in Section 3.3(f) and
Section 2.2(c), in connection with any suit, action or other proceeding to
enforce any Party’s obligations under this Agreement, the Party prevailing in
such suit, action or other proceeding shall be entitled to seek the recovery of
all its costs and fees (including attorneys’ fees, experts’ fees,
administrative fees, arbitrators’ fees and court costs) incurred in connection
with such suit, action or other proceeding.


 


[SIGNATURE PAGE FOLLOWS]


 


46

















 


IN WITNESS WHEREOF, this Agreement has been signed by each of the
Parties as of the Execution Date.


 


	
   

  	
  EPC:

  	
  Equitable Production
  Company

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  By: 

  	
  /s/ Joseph E. O’Brien

  
	
   

  	
   

  	
  Name:

  	
  Joseph E. O’Brien

  
	
   

  	
   

  	
  Title:

  	
  President

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  EGEL:

  	
  Equitable Gathering
  Equity, LLC

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  By: 

  	
  /s/ Joseph E. O’Brien

  
	
   

  	
   

  	
  Name:

  	
  Joseph E. O’Brien

  
	
   

  	
   

  	
  Title:

  	
  President

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  PMOG:

  	
  Pine Mountain Oil and
  Gas, Inc.

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  By: 

  	
  /s/ Chad L. Stephens

  
	
   

  	
   

  	
  Name:

  	
  Chad L. Stephens

  
	
   

  	
   

  	
  Title:

  	
  Senior Vice President -
  Corporate Development

  
	
   

  	
   

  	
   

  
	
   

  	
  COMPANY:

  	
  Nora Gathering, LLC

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  By: 

  	
  /s/ Joseph E. O’Brien

  
	
   

  	
   

  	
  Name:

  	
  Joseph E. O’Brien

  
	
   

  	
   

  	
  Title:

  	
  President

  



 


 


SIGNATURE PAGE TO CONTRIBUTION
AGREEMENT


 
















 


EXHIBIT A-1


GATHERING ASSETS


 


	
  Document No.

  	
   

  	
  Grantor/Lessor

  	
   

  	
  Document

  Date

  	
   

  	
  State

  	
   

  	
  County

  	
   

  	
  Book

  	
   

  	
  Page

  	
   

  
	
  RIGHTS-OF-WAY, EASEMENTS,
  SURFACE LEASES, ETC.

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  090019.01

  	
   

  	
  Matney Perry

  	
   

  	
  2/1/1994

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  420

  	
   

  	
  809

  	
   

  
	
  090019.02

  	
   

  	
  Josephine Matney, et
  al.

  	
   

  	
  2/1/1994

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  420

  	
   

  	
  812

  	
   

  
	
  090019.03

  	
   

  	
  Gracie & Estil
  Daniels

  	
   

  	
  2/1/1994

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  420

  	
   

  	
  818

  	
   

  
	
  090019.04

  	
   

  	
  Alice Suggs, et vir.

  	
   

  	
  2/10/1994

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  420

  	
   

  	
  794

  	
   

  
	
  090019.05

  	
   

  	
  Maybell Matney

  	
   

  	
  2/1/1994

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  420

  	
   

  	
  821

  	
   

  
	
  090019.06

  	
   

  	
  Randy Lee Matney, et
  al.

  	
   

  	
  2/1/1994

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  420

  	
   

  	
  815

  	
   

  
	
  090019.07

  	
   

  	
  Julie Bell Matney,
  Single+B8

  	
   

  	
  2/1/1994

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  420

  	
   

  	
  824

  	
   

  
	
  090019.08

  	
   

  	
  Lution Matney, et ux.

  	
   

  	
  2/1/1994

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  420

  	
   

  	
  827

  	
   

  
	
  090019.09

  	
   

  	
  Ruby & Jay
  Bradley

  	
   

  	
  2/1/1994

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  420

  	
   

  	
  830

  	
   

  
	
  090019.10

  	
   

  	
  James H. Matney, et ux.

  	
   

  	
  2/1/1994

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  420

  	
   

  	
  833

  	
   

  
	
  090019.11

  	
   

  	
  Nell & Howard
  Dills

  	
   

  	
  2/8/1994

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  420

  	
   

  	
  806

  	
   

  
	
  090019.12

  	
   

  	
  Edward Horwath, et ux.

  	
   

  	
  2/7/1994

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  420

  	
   

  	
  803

  	
   

  
	
  090060.00

  	
   

  	
  Edgar Looney Estate

  	
   

  	
  3/16/1994

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  420

  	
   

  	
  797

  	
   

  
	
  244754.01

  	
   

  	
  Garnie &
  Lillie Anderson

  	
   

  	
  7/16/1993

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  ?

  	
   

  	
  ?

  	
   

  
	
  244793.01

  	
   

  	
  W. Harold &
  Dorothy Trivett

  	
   

  	
  8/1/1994

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  Unrecorded

  	
   

  	
  Unrecorded

  	
   

  
	
  244795.01

  	
   

  	
  Paramount Land Company

  	
   

  	
  11/10/1989

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  ?

  	
   

  	
  ?

  	
   

  
	
  245552.01

  	
   

  	
  Darrell and Sylvia
  Carico (Compressor Site Agreement)

  	
   

  	
  3/27/1998

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  ?

  	
   

  	
  ?

  	
   

  
	
  801487.00

  	
   

  	
  Amelia Bowles, et al.

  	
   

  	
  1/10/1951

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  115

  	
   

  	
  68

  	
   

  
	
  801573.00

  	
   

  	
  Deedy Daniels, Single

  	
   

  	
  11/17/1954

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  124

  	
   

  	
  202

  	
   

  
	
  801610.00

  	
   

  	
  Emma Jane Wimmer, et
  al.

  	
   

  	
  5/4/1956

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  127

  	
   

  	
  398

  	
   

  
	
  801647.00

  	
   

  	
  L. F. Collins, et ux.

  	
   

  	
  5/1/1957

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  132

  	
   

  	
  167

  	
   

  
	
  801720.00

  	
   

  	
  Marion Kennedy, et ux.

  	
   

  	
  6/9/1960

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  143

  	
   

  	
  143

  	
   

  
	
  801721.00

  	
   

  	
  W. M. Ritter Lumber
  Company

  	
   

  	
  7/15/1960

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  143

  	
   

  	
  469

  	
   

  
	
  801727.00

  	
   

  	
  A. B. Jewell, et al.

  	
   

  	
  11/11/1960

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  144

  	
   

  	
  398

  	
   

  
	
  801956.00

  	
   

  	
  Norfolk &
  Western Railway Co.

  	
   

  	
  7/2/1952

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  Unrecorded

  	
   

  	
  Unrecorded

  	
   

  
	
  802241.00

  	
   

  	
  Cecil Elswick, et al.

  	
   

  	
  11/7/1952

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  119

  	
   

  	
  122

  	
   

  
	
  802242.00

  	
   

  	
  Landon Elswick, et ux.

  	
   

  	
  11/18/1952

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  Unrecorded

  	
   

  	
  Unrecorded

  	
   

  
	
  802248.00

  	
   

  	
  Wiley Mullins, et ux.

  	
   

  	
  5/23/1957

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  132

  	
   

  	
  168

  	
   

  
	
  802249.00

  	
   

  	
  Wiley Mullins, et ux.

  	
   

  	
  5/23/1957

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  132

  	
   

  	
  169

  	
   

  
	
  802250.00

  	
   

  	
  Elizabeth R. Estep, et
  vir.

  	
   

  	
  6/9/1960

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  143

  	
   

  	
  142

  	
   

  
	
  802644.00

  	
   

  	
  Billy M. Mills, et al.

  	
   

  	
  3/29/1978

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  257

  	
   

  	
  17

  	
   

  



 


1

















 


EXHIBIT A-1


GATHERING ASSETS


 


	
  Document
  No.

  	
   

  	
  Grantor/Lessor

  	
   

  	
  Document

  Date

  	
   

  	
  State

  	
   

  	
  County

  	
   

  	
  Book

  	
   

  	
  Page

  	
   

  
	
  802645.00

  	
   

  	
  Billy M.Mills, et al.

  	
   

  	
  3/29/1978

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  257

  	
   

  	
  15

  	
   

  
	
  802651.00

  	
   

  	
  Estbl A. Collins, et
  ux.

  	
   

  	
  9/19/1978

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  263

  	
   

  	
  820

  	
   

  
	
  802841.00

  	
   

  	
  Rufus Horn, et ux.

  	
   

  	
  10/8/1981

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  285

  	
   

  	
  703

  	
   

  
	
  802844.00

  	
   

  	
  Hassell White, et ux.

  	
   

  	
  3/17/1982

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  286

  	
   

  	
  354

  	
   

  
	
  802875.00

  	
   

  	
  Eli Mullins, et al.

  	
   

  	
  8/17/1982

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  289

  	
   

  	
  307

  	
   

  
	
  802876.00

  	
   

  	
  Scott Hagerman, et ux.

  	
   

  	
  8/17/1982

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  289

  	
   

  	
  305

  	
   

  
	
  802886.00

  	
   

  	
  Eli Mullins, et al.

  	
   

  	
  8/17/1982

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  289

  	
   

  	
  309

  	
   

  
	
  802927.00

  	
   

  	
  Richard Kennedy, et ux.

  	
   

  	
  2/4/1983

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  294

  	
   

  	
  437

  	
   

  
	
  802928.00

  	
   

  	
  Clarence M. Auville, et
  ux.

  	
   

  	
  2/4/1983

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  294

  	
   

  	
  439

  	
   

  
	
  802946.00

  	
   

  	
  Ira Allen, et ux.

  	
   

  	
  9/21/1983

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  304

  	
   

  	
  501

  	
   

  
	
  802960.00

  	
   

  	
  Georgia-Pacific Corp.

  	
   

  	
  5/15/1984

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  304

  	
   

  	
  504

  	
   

  
	
  803133.00

  	
   

  	
  Georgia Pacific
  Corporation

  	
   

  	
  11/21/1985

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  317

  	
   

  	
  122

  	
   

  
	
  803218.00

  	
   

  	
  Lon B. Rogers

  	
   

  	
  12/22/1987

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  339

  	
   

  	
  280

  	
   

  
	
  803303.01

  	
   

  	
  Alice Suggs, et vir.

  	
   

  	
  2/12/1990

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  Unrecorded

  	
   

  	
  Unrecorded

  	
   

  
	
  803303.02

  	
   

  	
  Edgar Looney

  	
   

  	
  2/12/1990

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  Unrecorded

  	
   

  	
  Unrecorded

  	
   

  
	
  803303.03

  	
   

  	
  Victoria Horwath, et
  vir.

  	
   

  	
  2/8/1990

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  Unrecorded

  	
   

  	
  Unrecorded

  	
   

  
	
  803303.04

  	
   

  	
  Nell Dills, et vir.

  	
   

  	
  2/10/1990

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  Unrecorded

  	
   

  	
  Unrecorded

  	
   

  
	
  803303.05

  	
   

  	
  May Matney

  	
   

  	
  2/26/1990

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  Unrecorded

  	
   

  	
  Unrecorded

  	
   

  
	
  803303.06

  	
   

  	
  Julie B. Matney

  	
   

  	
  3/8/1990

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  Unrecorded

  	
   

  	
  Unrecorded

  	
   

  
	
  803303.07

  	
   

  	
  Elmer Matney, et ux.

  	
   

  	
  3/10/1990

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  Unrecorded

  	
   

  	
  Unrecorded

  	
   

  
	
  803303.08

  	
   

  	
  Gracie Daniels, et vir.

  	
   

  	
  3/5/1990

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  Unrecorded

  	
   

  	
  Unrecorded

  	
   

  
	
  803303.09

  	
   

  	
  Ida Rife, et vir.

  	
   

  	
  3/10/1990

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  Unrecorded

  	
   

  	
  Unrecorded

  	
   

  
	
  806052.00

  	
   

  	
  Garfield Justus,
  Widowed

  	
   

  	
  5/7/1985

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  313

  	
   

  	
  801

  	
   

  
	
  806054.00

  	
   

  	
  Shirley Dotson, et vir.

  	
   

  	
  5/7/1985

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  313

  	
   

  	
  803

  	
   

  
	
  807234.00

  	
   

  	
  Eugene Kennedy, et ux.

  	
   

  	
  10/14/1992

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  400

  	
   

  	
  233

  	
   

  
	
  807247.00

  	
   

  	
  Georgia-Pacific Corp.

  	
   

  	
  6/16/1993

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  413

  	
   

  	
  357

  	
   

  
	
  902360.00

  	
   

  	
  Estil A. &
  Mandy J. Collins

  	
   

  	
  9/19/1978

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  Unrecorded

  	
   

  	
  Unrecorded

  	
   

  
	
  904357.00

  	
   

  	
  Michael M. and Roxie
  Mullins

  	
   

  	
  9/27/2000

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  360

  	
   

  	
  497

  	
   

  
	
  904375.00

  	
   

  	
  Verna Gay and Andrew
  Edwards

  	
   

  	
  9/29/2000

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  361

  	
   

  	
  463

  	
   

  
	
  904493.00

  	
   

  	
  Lloyd Hines, et al.

  	
   

  	
  6/24/2001

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  374

  	
   

  	
  354

  	
   

  
	
  904500.00

  	
   

  	
  Standard Banner Coal
  Corporation

  	
   

  	
  4/30/2001

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  374

  	
   

  	
  356

  	
   

  
	
  904527.00

  	
   

  	
  Eddie D. Hill and
  Roberta E. Hill

  	
   

  	
  8/15/2001

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  373

  	
   

  	
  75

  	
   

  



 


2

















 


EXHIBIT A-1


GATHERING ASSETS


 


	
  Document
  No.

  	
   

  	
  Grantor/Lessor

  	
   

  	
  Document

  Date

  	
   

  	
  State

  	
   

  	
  County

  	
   

  	
  Book

  	
   

  	
  Page

  	
   

  
	
  904589.00

  	
   

  	
  Barbara E. Deel, Widow

  	
   

  	
  7/16/2002

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  378

  	
   

  	
  114

  	
   

  
	
  904607.00

  	
   

  	
  Barbara Smith, Widow

  	
   

  	
  2/11/2002

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  378

  	
   

  	
  434

  	
   

  
	
  904608.00

  	
   

  	
  Sylvia Carico &
  Darrell Carico

  	
   

  	
  2/17+D101/200

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  378

  	
   

  	
  435

  	
   

  
	
  904636.00

  	
   

  	
  Cheri Lynn Simonenko,
  Single

  	
   

  	
  7/11/2002

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  378

  	
   

  	
  455

  	
   

  
	
  904644.00

  	
   

  	
  Travis Clyde Mullins &
  Evelyn Diana Mullins

  	
   

  	
  12/18/2001

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  380

  	
   

  	
  99

  	
   

  
	
  904645.00

  	
   

  	
  Carl Kennedy &
  Madonna Kennedy

  	
   

  	
  2/11/2002

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  380

  	
   

  	
  100

  	
   

  
	
  904646.00

  	
   

  	
  Kenneth D. Lambert &
  Betty J. Lambert

  	
   

  	
  2/11/2002

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  380

  	
   

  	
  101

  	
   

  
	
  904647.00

  	
   

  	
  Toy Edwards, Single

  	
   

  	
  2/25/2002

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  380

  	
   

  	
  97

  	
   

  
	
  904657.00

  	
   

  	
  Carl Skeen, Sr. &
  Mildred Skeen

  	
   

  	
  2/11/2002

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  380

  	
   

  	
  98

  	
   

  
	
  904894.00

  	
   

  	
  Boyd D. Smith &
  Judith H. Smith

  	
   

  	
  4/18+D68/2003

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  388

  	
   

  	
  562

  	
   

  
	
  904896.00

  	
   

  	
  Beverly R. Shealy &
  Darin S. Shealy

  	
   

  	
  4/22/2003

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  572

  	
   

  	
  258

  	
   

  
	
  904897.00

  	
   

  	
  Carl Rasnake, Widower

  	
   

  	
  4/17/2003

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  572

  	
   

  	
  261

  	
   

  
	
  904914.00

  	
   

  	
  Eula Jackson, et al.

  	
   

  	
  4/28/2003

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  572

  	
   

  	
  264

  	
   

  
	
  904945.00

  	
   

  	
  Harold E. Johnson &
  Jacqueline Johnson

  	
   

  	
  6/15/2003

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  579

  	
   

  	
  437

  	
   

  
	
  904961.01

  	
   

  	
  Susie Deel &
  Carter Deel

  	
   

  	
  6/13/2003

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  394

  	
   

  	
  355

  	
   

  
	
  904961.02

  	
   

  	
  Retha Grizzle, Widow

  	
   

  	
  6/13/2003

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  394

  	
   

  	
  368

  	
   

  
	
  905016.00

  	
   

  	
  Harold G. Edwards, Jr. &
  Marlene Edwards

  	
   

  	
  3/31/2003

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  394

  	
   

  	
  370

  	
   

  
	
  905071.00

  	
   

  	
  Wilma C. Helton &
  Charles Helton

  	
   

  	
  9/10/2003

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  393

  	
   

  	
  410

  	
   

  
	
  905123.00

  	
   

  	
  Anthony Weingarten,
  Married But Dealing Solely

  	
   

  	
  9/15/2003

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  394

  	
   

  	
  350

  	
   

  
	
  905541.00

  	
   

  	
  Harold E. Johnson &
  Jacqueline Johnson

  	
   

  	
  2/8/2004

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  594

  	
   

  	
  636

  	
   

  
	
  905609.00

  	
   

  	
  Richard Thacker and
  Renita Thacker

  	
   

  	
  5/18/2004

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  403

  	
   

  	
  639

  	
   

  
	
  905612.00

  	
   

  	
  Farley Sykes &
  Billie Sykes

  	
   

  	
  6/29/2004

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  403

  	
   

  	
  640

  	
   

  
	
  905631.00

  	
   

  	
  Robert Lynn Meade &
  Brenda Meade

  	
   

  	
  7/20/2004

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  403

  	
   

  	
  641

  	
   

  
	
  905695.00

  	
   

  	
  Lillian Fleming, et al.

  	
   

  	
  8/17/2004

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  403

  	
   

  	
  446

  	
   

  
	
  905696.00

  	
   

  	
  Daniel B. Phillips &
  Jean L. Phillips

  	
   

  	
  9/15/2004

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  406

  	
   

  	
  109

  	
   

  
	
  905734.00

  	
   

  	
  Lawrence Colley &
  Anna Lou Colley

  	
   

  	
  11/3/2004

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  611

  	
   

  	
  39

  	
   

  
	
  905745.00

  	
   

  	
  Harold Bostic &
  Linda Bostic

  	
   

  	
  11/17/2004

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  611

  	
   

  	
  560

  	
   

  
	
  905746.00

  	
   

  	
  Marsha Ball &
  Bernard Ball

  	
   

  	
  11/19/2004

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  611

  	
   

  	
  564

  	
   

  
	
  905750.00

  	
   

  	
  Goldie Johnson

  	
   

  	
  11/11/2004

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  611

  	
   

  	
  562

  	
   

  
	
  905751.00

  	
   

  	
  Jennie Stilwell

  	
   

  	
  12/7/2004

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  611

  	
   

  	
  578

  	
   

  
	
  905752.00

  	
   

  	
  Billy A. &
  Linda S. Boyd

  	
   

  	
  12/4/2004

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  611

  	
   

  	
  566

  	
   

  
	
  905753.00

  	
   

  	
  Lonnie Boyd &
  Joan B. Boyd

  	
   

  	
  11/16/2004

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  611

  	
   

  	
  568

  	
   

  



 


3

















 


EXHIBIT A-1


GATHERING ASSETS


 


	
  Document
  No.

  	
   

  	
  Grantor/Lessor

  	
   

  	
  Document

  Date

  	
   

  	
  State

  	
   

  	
  County

  	
   

  	
  Book

  	
   

  	
  Page

  	
   

  
	
  905754.00

  	
   

  	
  Fonnie Boyd & Beulah
  D. Boyd

  	
   

  	
  11/16/2004

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  611

  	
   

  	
  570

  	
   

  
	
  905755.00

  	
   

  	
  Kyle Bostic & Faye
  Bostic

  	
   

  	
  11/11/2004

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  611

  	
   

  	
  572

  	
   

  
	
  905756.00

  	
   

  	
  Christopher Bostic, Single
  & Keshia Bostic, Single

  	
   

  	
  11/10/2004

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  611

  	
   

  	
  574

  	
   

  
	
  905757.00

  	
   

  	
  Junior Ratliff

  	
   

  	
  11/11/2004

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  611

  	
   

  	
  576

  	
   

  
	
  905818.00

  	
   

  	
  James J. Hamilton &
  Daphne M. Hamilton

  	
   

  	
  12/9/2004

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  409

  	
   

  	
  382

  	
   

  
	
  905823.00

  	
   

  	
  Louis G. Smith, Divorced

  	
   

  	
  12/27/2004

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  409

  	
   

  	
  622

  	
   

  
	
  905824.00

  	
   

  	
  Louis G. Smith, Divorced

  	
   

  	
  12/27/2004

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  409

  	
   

  	
  625

  	
   

  
	
  905825.00

  	
   

  	
  Louis G. Smith, Divorced

  	
   

  	
  12/27/2004

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  409

  	
   

  	
  628

  	
   

  
	
  905826.00

  	
   

  	
  Edison L. Rose & Glora
  M. Rose

  	
   

  	
  1/5/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  409

  	
   

  	
  383

  	
   

  
	
  905827.00

  	
   

  	
  Sherrie J. Stanley, Single

  	
   

  	
  1/12/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  409

  	
   

  	
  381

  	
   

  
	
  905828.00

  	
   

  	
  Carl A. Howard, Single

  	
   

  	
  1/12/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  409

  	
   

  	
  325

  	
   

  
	
  905867.00

  	
   

  	
  Peggy S. Mullins and Bob
  Mullins

  	
   

  	
  3/2/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  412

  	
   

  	
  75

  	
   

  
	
  905868.00

  	
   

  	
  Irene S. Fuller

  	
   

  	
  2/23/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  412

  	
   

  	
  87

  	
   

  
	
  905869.00

  	
   

  	
  Ronald Sykes and Loretta
  Sykes

  	
   

  	
  2/23/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  412

  	
   

  	
  89

  	
   

  
	
  905873.00

  	
   

  	
  Wendell Bolling and Linda
  Bolling

  	
   

  	
  2/24/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  412

  	
   

  	
  91

  	
   

  
	
  905876.00

  	
   

  	
  Kenneth D. Fletcher and
  Virginia J. Fletcher

  	
   

  	
  1/10/2005

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  617

  	
   

  	
  427

  	
   

  
	
  905881.00

  	
   

  	
  Bobby Gilbert, et al.

  	
   

  	
  2/2/2005

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  617

  	
   

  	
  429

  	
   

  
	
  905882.00

  	
   

  	
  Garneth D. Long and Sharon
  I. Long

  	
   

  	
  1/28/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  412

  	
   

  	
  93

  	
   

  
	
  905888.00

  	
   

  	
  John F. Compton and Joe Ann
  Compton

  	
   

  	
  1/6/2005

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  617

  	
   

  	
  431

  	
   

  
	
  905897.00

  	
   

  	
  Carol P. Armstrong

  	
   

  	
  3/9/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  412

  	
   

  	
  95

  	
   

  
	
  905922.00

  	
   

  	
  Rual Fuller, Single

  	
   

  	
  3/10/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  412

  	
   

  	
  97

  	
   

  
	
  905923.00

  	
   

  	
  Leonard Byers and Eliza
  Byers

  	
   

  	
  3/11/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  412

  	
   

  	
  99

  	
   

  
	
  905924.00

  	
   

  	
  Mildred H. Grizzle and
  Donna J. Grizzle, Single Women

  	
   

  	
  3/10/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  412

  	
   

  	
  101

  	
   

  
	
  905925.00

  	
   

  	
  Benny Vance, et ux.

  	
   

  	
  3/1/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  412

  	
   

  	
  103

  	
   

  
	
  905944.00

  	
   

  	
  Denny & Lois
  Sutherland

  	
   

  	
  3/23/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  412

  	
   

  	
  585

  	
   

  
	
  905945.00

  	
   

  	
  Von P. Powers & Martha
  Powers

  	
   

  	
  4/7/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  412

  	
   

  	
  587

  	
   

  
	
  905966.00

  	
   

  	
  David E. Rasnick, et al.

  	
   

  	
  3/15/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  412

  	
   

  	
  588

  	
   

  
	
  905968.00

  	
   

  	
  Mary Howard & Lloyd S.
  Hines, Single Woman & Single Man

  	
   

  	
  4/7/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  412

  	
   

  	
  591

  	
   

  
	
  906006.00

  	
   

  	
  Robert Dewayne Lothery,
  Single Dealing Solely And Separately

  	
   

  	
  5/9/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  414

  	
   

  	
  322

  	
   

  
	
  906007.00

  	
   

  	
  Emil Artrip and Janice
  Artrip

  	
   

  	
  5/11/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  414

  	
   

  	
  323

  	
   

  



 


4

















 


EXHIBIT A-1


GATHERING ASSETS


 


	
  Document
  No.

  	
   

  	
  Grantor/Lessor

  	
   

  	
  Document

  Date

  	
   

  	
  State

  	
   

  	
  County

  	
   

  	
  Book

  	
   

  	
  Page

  	
   

  
	
  906008.00

  	
   

  	
  Gerri Lee Hernandez,
  Single

  	
   

  	
  5/16/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  414

  	
   

  	
  325

  	
   

  
	
  906010.00

  	
   

  	
  Kathryn Lynne Arrington,
  et al.

  	
   

  	
  4/9/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  411

  	
   

  	
  327

  	
   

  
	
  906011.00

  	
   

  	
  Roger W. Perkins and Tina
  Marie Perkins

  	
   

  	
  4/14/2005

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  621

  	
   

  	
  276

  	
   

  
	
  906012.00

  	
   

  	
  Rebecca Viers, A Single
  Woman

  	
   

  	
  4/15/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  414

  	
   

  	
  329

  	
   

  
	
  906021.00

  	
   

  	
  Robin G. Charles and
  Harold F. Charles

  	
   

  	
  5/18/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  414

  	
   

  	
  341

  	
   

  
	
  906028.00

  	
   

  	
  Mae Smith Rowlett and
  Marvin Rowlett

  	
   

  	
  4/28/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  414

  	
   

  	
  347

  	
   

  
	
  906031.00

  	
   

  	
  Blanche F. Bowman, Widow

  	
   

  	
  4/30/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  414

  	
   

  	
  368

  	
   

  
	
  906032.00

  	
   

  	
  Danny V. Jenkins and Sandy
  R. Jenkins

  	
   

  	
  5/7/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  414

  	
   

  	
  359

  	
   

  
	
  906045.00

  	
   

  	
  Jerry D. Wright and
  Dorothy F. Wright

  	
   

  	
  5/25/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  414

  	
   

  	
  361

  	
   

  
	
  906046.00

  	
   

  	
  Randy Mullins and Margaret
  Mullins

  	
   

  	
  5/21/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  414

  414

  	
   

  	
  339

  363

  	
   

  
	
  905464.00*  

  	
   

  	
  Standard Banner Coal
  Corporation

  	
   

  	
  11/14/2003

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  398

  	
   

  	
  596

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  906047.00

  	
   

  	
  Winson R. Boyd and Shirly
  Boyd

  	
   

  	
  5/24/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  414

  	
   

  	
  364

  	
   

  
	
  906048.00

  	
   

  	
  James J. Hamilton &
  Daphne M. Hamilton

  	
   

  	
  5/31/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  414

  	
   

  	
  366

  	
   

  
	
  906081.00

  	
   

  	
  Lendy Deel and Teresa Deel

  	
   

  	
  6/15/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  417

  	
   

  	
  515

  	
   

  
	
  906122.00

  	
   

  	
  Mary Jean Compton, et al.

  	
   

  	
  7/21/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  417

  	
   

  	
  519

  	
   

  
	
  906123.00

  	
   

  	
  Jimmy Turner and Janet
  Turner

  	
   

  	
  7/19/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  417

  	
   

  	
  517

  	
   

  
	
  906155.00

  	
   

  	
  Johnny Turner and Bessie
  Carolyn Turner

  	
   

  	
  6/9/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  417

  	
   

  	
  272

  	
   

  
	
  906156.00

  	
   

  	
  Worley Zane Edwards and
  Darlene Edwards

  	
   

  	
  6/10/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  417

  	
   

  	
  274

  	
   

  
	
  906173.00

  	
   

  	
  Rufus Stevens

  	
   

  	
  8/18/2005

  	
   

  	
  Virginia

  	
   

  	
  Russell

  	
   

  	
  640

  	
   

  	
  482

  	
   

  
	
  906180.00

  	
   

  	
  Wayne Stevens and Ella
  Deane Fletcher

  	
   

  	
  8/20/2005

  	
   

  	
  Virginia

  	
   

  	
  Russell

  	
   

  	
  640

  	
   

  	
  484

  	
   

  
	
  906187.00

  	
   

  	
  Ray Kennedy and Hazel
  Kennedy

  	
   

  	
  7/27/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  417

  	
   

  	
  268

  	
   

  
	
  906188.00

  	
   

  	
  Emory A. Mullins, A
  Widower

  	
   

  	
  8/3/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  417

  	
   

  	
  270

  	
   

  
	
  906191.00

  	
   

  	
  James T. and Kay Viers

  	
   

  	
  7/30/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  417

  	
   

  	
  266

  	
   

  
	
  906193.00

  	
   

  	
  Billy Boyd and Nancy Ellen
  Boyd

  	
   

  	
  7/11/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  417

  	
   

  	
  539

  	
   

  
	
  906194.00

  	
   

  	
  Claude Ray Stanley

  	
   

  	
  7/19/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  417

  417

  417

  	
   

  	
  535

  537

  545

  	
   

  
	
  906196.00

  	
   

  	
  Brian Scott Newberry and
  Elizabeth B. Newberry

  	
   

  	
  8/15/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  417

  	
   

  	
  541

  	
   

  
	
  906198.00

  	
   

  	
  Vester Meade and Edna
  Meade

  	
   

  	
  8/19/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  417

  	
   

  	
  543

  	
   

  
	
  906213.00

  	
   

  	
  Ruth Jones Turner and
  David F. Turner

  	
   

  	
  5/12/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  419

  	
   

  	
  461

  	
   

  
	
  906247.00

  	
   

  	
  Robert Eugene Musick

  	
   

  	
  9/17/2005

  	
   

  	
  Virginia

  	
   

  	
  Russell

  	
   

  	
  642

  	
   

  	
  111

  	
   

  



 


5
















 


EXHIBIT
A-1


GATHERING
ASSETS


 


	
  Document No.

  	
   

  	
  Grantor/Lessor

  	
   

  	
  Document

  Date

  	
   

  	
  State

  	
   

  	
  County

  	
   

  	
  Book

  	
   

  	
  Page

  	
   

  
	
  906247.00

  	
   

  	
  Thurman Edgar Musick

  	
   

  	
  9/17/2005

  	
   

  	
  Virginia

  	
   

  	
  Russell

  	
   

  	
  642

  	
   

  	
  113

  	
   

  
	
  906247.00

  	
   

  	
  Zola Christine Hibbitts

  	
   

  	
  9/17/2005

  	
   

  	
  Virginia

  	
   

  	
  Russell

  	
   

  	
  642

  	
   

  	
  105

  	
   

  
	
  906247.00

  	
   

  	
  Betty Geraldine
  Hibbitts

  	
   

  	
  9/17/2005

  	
   

  	
  Virginia

  	
   

  	
  Russell

  	
   

  	
  642

  	
   

  	
  109

  	
   

  
	
  906247.00

  	
   

  	
  June Musick

  	
   

  	
  9/16/2005

  	
   

  	
  Virginia

  	
   

  	
  Russell

  	
   

  	
  642

  	
   

  	
  107

  	
   

  
	
  906254.00

  	
   

  	
  Harry C.
  Roberts, Jr., et ux.

  	
   

  	
  10/12/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  420

  	
   

  	
  174

  	
   

  
	
  906282.00

  	
   

  	
  Larry Bowman and Elizabeth
  Bowman

  	
   

  	
  9/22/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  ?

  	
   

  	
  ?

  	
   

  
	
  906284.00

  	
   

  	
  Donald Cook and Laquita
  Karen Cook

  	
   

  	
  10/12/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  422

  	
   

  	
  89

  	
   

  
	
  906366.00

  	
   

  	
  Gary Bradley Barton

  	
   

  	
  2/15/2006

  	
   

  	
  Virginia

  	
   

  	
  Russell

  	
   

  	
  650

  	
   

  	
  958

  	
   

  
	
  906367.00

  	
   

  	
  Rufus Stevens

  	
   

  	
  2/22/2006

  	
   

  	
  Virginia

  	
   

  	
  Russell

  	
   

  	
  650

  	
   

  	
  956

  	
   

  
	
  906410.00

  	
   

  	
  Betty Geraldine
  Hibbitts

  	
   

  	
  4/1/2006

  	
   

  	
  Virginia

  	
   

  	
  Russell

  	
   

  	
  652

  	
   

  	
  849

  	
   

  
	
  906410.00

  	
   

  	
  June Musick

  	
   

  	
  2/18/2006

  	
   

  	
  Virginia

  	
   

  	
  Russell

  	
   

  	
  652

  	
   

  	
  853

  	
   

  
	
  906410.00

  	
   

  	
  Thurman Edgar Musick

  	
   

  	
  3/31/2006

  	
   

  	
  Virginia

  	
   

  	
  Russell

  	
   

  	
  652

  	
   

  	
  847

  	
   

  
	
  906410.00

  	
   

  	
  Robert Eugene Musick

  	
   

  	
  4/1/2006

  	
   

  	
  Virginia

  	
   

  	
  Russell

  	
   

  	
  652

  	
   

  	
  855

  	
   

  
	
  906410.00

  	
   

  	
  Zola Christine Hibbitts

  	
   

  	
  4/1/2006

  	
   

  	
  Virginia

  	
   

  	
  Russell

  	
   

  	
  652

  	
   

  	
  851

  	
   

  
	
  906414.00

  	
   

  	
  Hometown Convenience,
  LLC

  	
   

  	
  1/1/2006

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  ?

  	
   

  	
  ?

  	
   

  
	
  906480.00

  	
   

  	
  Rufus Stevens

  	
   

  	
  5/12/2005+D204

  	
   

  	
  Virginia

  	
   

  	
  Russell

  	
   

  	
  655

  	
   

  	
  457

  	
   

  
	
  906484.00

  	
   

  	
  Clifton Darrell Mullins
  and Jennifer R. Mullins

  	
   

  	
  5/3/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  427

  	
   

  	
  759

  	
   

  
	
  906485.00

  	
   

  	
  Darrell W. Mullins and
  Joyce A. Mullins

  	
   

  	
  5/3/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  427

  	
   

  	
  761

  	
   

  
	
  906486.00

  	
   

  	
  Ruby Margaret Carty,
  Widow

  	
   

  	
  5/13/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  427

  	
   

  	
  763

  	
   

  
	
  906487.00

  	
   

  	
  Carl J. Mullins and
  Pauline M. Mullins

  	
   

  	
  5/8/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  427

  	
   

  	
  765

  	
   

  
	
  906488.00

  	
   

  	
  Vester Meade and Edna
  Meade

  	
   

  	
  9/12/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  97

  	
   

  
	
  906489.00

  	
   

  	
  Estelle Owens, Widow

  	
   

  	
  3/17/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  427

  	
   

  	
  767

  	
   

  
	
  906490.00

  	
   

  	
  Mary Amburgey, et al.

  	
   

  	
  12/17/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  427

  	
   

  	
  769

  	
   

  
	
  906521.00

  	
   

  	
  Nevalee Deel, Widow

  	
   

  	
  5/2/1987

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  244

  	
   

  	
  476

  	
   

  
	
  906522.00

  	
   

  	
  Lola Hill, Widow

  	
   

  	
  10/16/1987

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  247

  	
   

  	
  575

  	
   

  
	
  906523.00

  	
   

  	
  Charles Dwain Yates

  	
   

  	
  6/9/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  316

  	
   

  
	
  906524.00

  	
   

  	
  Randall Mark Bise and
  Sherry L. Hayes

  	
   

  	
  6/8/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  318

  	
   

  
	
  906525.00

  	
   

  	
  Randall Mark Bise, et
  al.

  	
   

  	
  6/6/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  321

  	
   

  
	
  906526.00

  	
   

  	
  Carl J. Garrett and
  Wanda Lee Garrett

  	
   

  	
  6/22/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  320

  	
   

  
	
  906527.00

  	
   

  	
  Ruth Hamilton, et al.

  	
   

  	
  6/15/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  431

  	
   

  	
  786

  	
   

  
	
  906528.00

  	
   

  	
  Gaynell Smith

  	
   

  	
  1/19/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  163

  	
   

  
	
  906529.00

  	
   

  	
  Sandra Louise Eyler

  	
   

  	
  1/20/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  167

  	
   

  



 


6

















 


EXHIBIT
A-1


GATHERING
ASSETS


 


	
  Document No.

  	
   

  	
  Grantor/Lessor

  	
   

  	
  Document

  Date

  	
   

  	
  State

  	
   

  	
  County

  	
   

  	
  Book

  	
   

  	
  Page

  	
   

  
	
  906530.00

  	
   

  	
  Leonard Byers and Eliza
  Byers

  	
   

  	
  12/14/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  168

  	
   

  
	
  906531.00

  	
   

  	
  Lambert Land, LLC

  	
   

  	
  2/28/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  173

  	
   

  
	
  906532.00

  	
   

  	
  James Robert Long and
  Wanda Long

  	
   

  	
  1/3/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  174

  	
   

  
	
  906533.00

  	
   

  	
  Vernard Roger Kiser and
  Carol Kiser

  	
   

  	
  1/9/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  176

  	
   

  
	
  906534.00

  	
   

  	
  Connie Jean Stanley and
  Blake Stanley

  	
   

  	
  1/3/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  178

  	
   

  
	
  906535.00

  	
   

  	
  Lester Allen Kiser and
  Janet Kiser

  	
   

  	
  1/11/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  180

  	
   

  
	
  906536.00

  	
   

  	
  Lolla Fern Deed and Farley
  Deel

  	
   

  	
  1/13/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  182

  	
   

  
	
  906537.00

  	
   

  	
  Keith Allen Compton

  	
   

  	
  3/15/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  184

  	
   

  
	
  906538.00

  	
   

  	
  Marlon Colley

  	
   

  	
  4/14/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  186

  	
   

  
	
  906539.00

  	
   

  	
  Doris Ted Kiser and Judy
  Kiser

  	
   

  	
  1/3/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  187

  	
   

  
	
  906540.00

  	
   

  	
  Floria G. Hay

  	
   

  	
  12/21/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  189

  	
   

  
	
  906541.00

  	
   

  	
  Irene Edwards

  	
   

  	
  1/4/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  191

  	
   

  
	
  906542.00

  	
   

  	
  Jennifer S. Edwards

  	
   

  	
  2/3/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  193

  	
   

  
	
  906543.00

  	
   

  	
  Charles L. Krum and Adina
  C. Krum

  	
   

  	
  3/10/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  194

  	
   

  
	
  906544.00

  	
   

  	
  Colley Trevor

  	
   

  	
  4/21/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  195

  	
   

  
	
  906545.00

  	
   

  	
  Palmer Yates and Mildred
  Yates

  	
   

  	
  3/15/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  196

  	
   

  
	
  906546.00

  	
   

  	
  Carnell and Jane Salyers

  	
   

  	
  1/17/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  200

  	
   

  
	
  906547.00

  	
   

  	
  Carnell Salyers

  	
   

  	
  1/17/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  201

  	
   

  
	
  906548.00

  	
   

  	
  Theodore Gray Edwards and
  Cassie Edwards

  	
   

  	
  1/16/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  202

  	
   

  
	
  906549.00

  	
   

  	
  Theodore Gray Edwards and
  Cassie Edwards

  	
   

  	
  1/16/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  203

  	
   

  
	
  906564.00

  	
   

  	
  Clyde L. Rose

  	
   

  	
  4/22/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  330

  	
   

  
	
  906565.00

  	
   

  	
  Gary Joe Kincade, Special
  Commisioner for Colley Trevor

  	
   

  	
  4/21/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  352

  	
   

  
	
  906566.00

  	
   

  	
  Marlon Colley, A Married
  Man Dealing In His Sole And Separate Property

  	
   

  	
  4/14/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  351

  	
   

  
	
  906569.00

  	
   

  	
  Danny Harvey, A Married
  Man Dealing In His Sold And Separate Property

  	
   

  	
  5/10/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  345

  	
   

  
	
  906570.00

  	
   

  	
  Estelle Owens, Widow

  	
   

  	
  5/26/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  323A

  	
   

  
	
  906571.00

  	
   

  	
  Letha June Stanley, A
  Married Woman Dealing In Her Sole And Separate Property and Welford Dotson

  	
   

  	
  5/31/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  323

  	
   

  
	
  906572.00

  	
   

  	
  Mary Jean Compton, A
  Widow, and Keith Allen Compton, A Married Man Dealing In His Sole And
  Separate Property

  	
   

  	
  5/31/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  331

  	
   

  
	
  906573.00

  	
   

  	
  Jackie Owens and Wanda
  Owens

  	
   

  	
  5/25/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  332

  	
   

  



 


7

















 


EXHIBIT
A-1


GATHERING
ASSETS


 


	
  Document No.

  	
   

  	
  Grantor/Lessor

  	
   

  	
  Document

  Date

  	
   

  	
  State

  	
   

  	
  County

  	
   

  	
  Book

  	
   

  	
  Page

  	
   

  
	
  906574.00

  	
   

  	
  Leon D. Yates and Susie Yates

  	
   

  	
  5/30/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  328

  	
   

  
	
  906575.00

  	
   

  	
  Connie Allen Yates and Frances K. Yates

  	
   

  	
  5/24/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  326

  	
   

  
	
  906576.00

  	
   

  	
  Sherry B. Bise, A Single Woman

  	
   

  	
  5/30/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  324

  	
   

  
	
  906585.00

  	
   

  	
  Barbara Jean Spiehs and Ken Spiehs

  	
   

  	
  6/14/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  305

  	
   

  
	
  906586.00

  	
   

  	
  Darrell R. Large and Rheta Large

  	
   

  	
  6/9/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  304

  	
   

  
	
  906587.00

  	
   

  	
  Louie Garrett and Nancy Garrett

  	
   

  	
  6/2/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  303

  	
   

  
	
  906588.00

  	
   

  	
  Louie Garrett and Nancy Garrett

  	
   

  	
  6/2/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  302

  	
   

  
	
  906589.00

  	
   

  	
  Lambert Land, LLC

  	
   

  	
  5/30/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  298

  	
   

  
	
  906590.00

  	
   

  	
  Gary Dotson, et al.

  	
   

  	
  6/9/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  297

  	
   

  
	
  906591.00

  	
   

  	
  Walker Holsapple and Barbara Holsapple

  	
   

  	
  6/16/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  313

  	
   

  
	
  906592.00

  	
   

  	
  Roger Kelsey

  	
   

  	
  6/13/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  315

  	
   

  
	
  906593.00

  	
   

  	
  Estelle Owens, Widow

  	
   

  	
  6/9/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  314

  	
   

  
	
  906594.00

  	
   

  	
  James R. Mullins and Jamie Mullins

  	
   

  	
  6/15/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  311

  	
   

  
	
  906600.00

  	
   

  	
  Kenneth Ray Robinson and Pamela F. Robinson his wife

  	
   

  	
  7/10/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  309

  	
   

  
	
  906601.00

  	
   

  	
  Gilda Jean Stanley and Ernie Stanley

  	
   

  	
  6/16/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  428

  	
   

  	
  307

  	
   

  
	
  906618.00

  	
   

  	
  East Tennessee Natural Gas, LLC

  	
   

  	
  5/18/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  ?

  	
   

  	
  ?

  	
   

  
	
  906633.00

  	
   

  	
  Dollie Belle S. Patrick

  	
   

  	
  7/7/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  429

  	
   

  	
  293

  	
   

  
	
  906634.00

  	
   

  	
  Peggy Kiser and Audie Lee Kiser

  	
   

  	
  7/29/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  429

  	
   

  	
  290

  	
   

  
	
  906635.00

  	
   

  	
  Larry F. Mullins and Vonda C. Mullins

  	
   

  	
  7/24/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  429

  	
   

  	
  288

  	
   

  
	
  906636.00

  	
   

  	
  Billy Joe Jesse

  	
   

  	
  7/25/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  429

  	
   

  	
  287

  	
   

  
	
  906637.00

  	
   

  	
  Sammy Leftwich and Kathie Leftwich

  	
   

  	
  7/22/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  429

  	
   

  	
  286

  	
   

  
	
  906638.00

  	
   

  	
  Ivan C. Rasnake and Mattie Jean Rasnake

  	
   

  	
  8/5/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  429

  	
   

  	
  285

  	
   

  
	
  906684.00

  	
   

  	
  Gregory Bill Yates

  	
   

  	
  7/21/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  432

  	
   

  	
  3

  	
   

  
	
  906685.00

  	
   

  	
  Gloria Jean Rasnick

  	
   

  	
  8/11/2005

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  432

  	
   

  	
  5

  	
   

  
	
  906686.00

  	
   

  	
  Delmon & Kimberly Edwards

  	
   

  	
  7/24/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  432

  	
   

  	
  2

  	
   

  
	
  906693.00

  	
   

  	
  Commercial Recovery Systems, Inc.

  	
   

  	
  9/13/2006

  	
   

  	
  Virginia

  	
   

  	
  Russell

  	
   

  	
  663

  	
   

  	
  152

  	
   

  
	
  906696.00

  	
   

  	
  Ray and Carolyn Fleming

  	
   

  	
  10/19/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  432

  	
   

  	
  654

  	
   

  
	
  906697.00

  	
   

  	
  Alvah Dotson and Genola Dotson

  	
   

  	
  10/10/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  432

  	
   

  	
  660

  	
   

  
	
  906699.00

  	
   

  	
  David M. and Mary A. Yates

  	
   

  	
  9/21/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  432

  	
   

  	
  664

  	
   

  
	
  906702.00

  	
   

  	
  Kenneth R. Rose and Bobby W. Rose

  	
   

  	
  10/6/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  432

  	
   

  	
  667

  	
   

  
	
  906703.00

  	
   

  	
  James Alvie White

  	
   

  	
  9/28/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  433

  	
   

  	
  125

  	
   

  
	
  906706.00

  	
   

  	
  Ervin Fuller and Lena J. Fuller

  	
   

  	
  8/26/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  433

  	
   

  	
  126

  	
   

  



 


8

















 


EXHIBIT
A-1


GATHERING
ASSETS


 


	
  Document No.

  	
   

  	
  Grantor/Lessor

  	
   

  	
  Document

  Date

  	
   

  	
  State

  	
   

  	
  County

  	
   

  	
  Book

  	
   

  	
  Page

  	
   

  
	
  906707.00

  	
   

  	
  Hadley D. Owens

  	
   

  	
  10/23/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  433

  	
   

  	
  128

  	
   

  
	
  906708.00

  	
   

  	
  Clemon and Gloria Jackson

  	
   

  	
  7/25/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  433

  	
   

  	
  129

  	
   

  
	
  906709.00

  	
   

  	
  Jean Souleyrette

  	
   

  	
  9/8/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  433

  	
   

  	
  130

  	
   

  
	
  906710.00

  	
   

  	
  Billy and Vanessa Souleyrette

  	
   

  	
  9/8/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  433

  	
   

  	
  131

  	
   

  
	
  906712.00

  	
   

  	
  Sylvia and Darrell Carico

  	
   

  	
  9/8/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  338

  	
   

  	
  273

  	
   

  
	
  906715.00

  	
   

  	
  Perry Ann Mariner and James Lawrence Mariner

  	
   

  	
  9/12/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  433

  	
   

  	
  134

  	
   

  
	
  906718.01

  	
   

  	
  Jennifer Aileen Yates/French

  	
   

  	
  6/8/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  433

  	
   

  	
  135

  	
   

  
	
  906718.02

  	
   

  	
  Connie Yates and Frances K. Yates

  	
   

  	
  6/8/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  433

  	
   

  	
  137

  	
   

  
	
  906718.03

  	
   

  	
  Scotty Lee French

  	
   

  	
  6/15/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  433

  	
   

  	
  139

  	
   

  
	
  906719.01

  	
   

  	
  Robert Piggott, Trustee of the Brown Family Trust

  	
   

  	
  7/3/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  ?

  	
   

  	
  ?

  	
   

  
	
  906719.02

  	
   

  	
  Fred J. Brown, Trustee of the Brown Family Trust

  	
   

  	
  7/3/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  ?

  	
   

  	
  ?

  	
   

  
	
  906719.03

  	
   

  	
  Susan Eyster, Trustee of the Brown Family Trust

  	
   

  	
  8/25/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  ?

  	
   

  	
  ?

  	
   

  
	
  906720.01

  	
   

  	
  Fred J. Brown, Trustee of the Brown Family Trust

  	
   

  	
  7/18/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  ?

  	
   

  	
  ?

  	
   

  
	
  906720.02

  	
   

  	
  Robert Piggott, Trustee of the Brown Family Trust

  	
   

  	
  7/26/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  ?

  	
   

  	
  ?

  	
   

  
	
  906720.03

  	
   

  	
  Susan Eyster, Trustee of the Brown Family Trust

  	
   

  	
  7/26/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  ?

  	
   

  	
  ?

  	
   

  
	
  906721.00

  	
   

  	
  Johnny Ray Mullins & Branson Harold Mullins

  	
   

  	
  6/13/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  433

  	
   

  	
  141

  	
   

  
	
  906722.00

  	
   

  	
  Johnny Ray Mullins

  	
   

  	
  6/13/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  433

  	
   

  	
  142

  	
   

  
	
  906723.00

  	
   

  	
  Johnny Ray Mullins

  	
   

  	
  6/13/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  434

  	
   

  	
  751

  	
   

  
	
  906724.00

  	
   

  	
  Johnny Ray Mullins & Branson Harold Mullins

  	
   

  	
  6/13/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  434

  	
   

  	
  752

  	
   

  
	
  906759.01

  	
   

  	
  Gladwell Bowman, et al.

  	
   

  	
  8/11/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  434

  	
   

  	
  749

  	
   

  
	
  906759.02

  	
   

  	
  Gladwell Bowman, et al.

  	
   

  	
  8/11/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  434

  	
   

  	
  753

  	
   

  
	
  906763.00

  	
   

  	
  Gregory Rose

  	
   

  	
  10/2/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  ?

  	
   

  	
  ?

  	
   

  
	
  906771.00

  	
   

  	
  Tommy Leon Hale and Brenda Hale

  	
   

  	
  10/4/2006

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  ?

  	
   

  	
  ?

  	
   

  
	
  906772.01

  	
   

  	
  Lowell D. Ray, et al.

  	
   

  	
  9/26/2006

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  ?

  	
   

  	
  ?

  	
   

  
	
  906772.02

  	
   

  	
  Lowell D. Ray, et al.

  	
   

  	
  10/2/2006

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  ?

  	
   

  	
  ?

  	
   

  
	
  906774.00

  	
   

  	
  Wayne Stevens and Ella Deane Fletcher

  	
   

  	
  9/28/2006

  	
   

  	
  Virginia

  	
   

  	
  Russell

  	
   

  	
  ?

  	
   

  	
  ?

  	
   

  
	
  906775.00

  	
   

  	
  Marvin & Patricia Counts

  	
   

  	
  10/24/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  433

  	
   

  	
  214

  	
   

  
	
  906776.00

  	
   

  	
  Janet Delores Breeding

  	
   

  	
  9/30/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  433

  	
   

  	
  215

  	
   

  
	
  906777.00

  	
   

  	
  Edward Lee Kiser

  	
   

  	
  9/30/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  433

  	
   

  	
  216

  	
   

  
	
  906778.00

  	
   

  	
  Matthew & Nannie Link

  	
   

  	
  11/13/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  433

  	
   

  	
  217

  	
   

  
	
  906779.00

  	
   

  	
  Sandra L. Yelvington

  	
   

  	
  11/22/2006

  	
   

  	
  Virginia

  	
   

  	
  Dickenson

  	
   

  	
  433

  	
   

  	
  229

  	
   

  



 






*Memorandum
recorded only. References made to four (4) right of way agreements.


 


9

















 


EXHIBIT A-1


GATHERING ASSETS


 


	
  Facility Name

  	
   

  	
  BHP

  	
   

  	
  Drive

  	
   

  	
  Stages

  	
   

  	
  Engine

  	
   

  	
  Comp

  	
   

  
	
  Abner Gap #1

  	
   

  	
  378

  	
   

  	
  G

  	
   

  	
  Multi

  	
   

  	
  Cat
  G3408 SITA

  	
   

  	
  Dresser
  Rand

  	
   

  
	
  Abner Gap #2

  	
   

  	
  810

  	
   

  	
  G

  	
   

  	
  2

  	
   

  	
  Cat
  G3512 TA

  	
   

  	
  Dresser
  Rand

  	
   

  
	
  Banner #2

  	
   

  	
  600

  	
   

  	
  G

  	
   

  	
  3

  	
   

  	
  Cat
  398 TAA

  	
   

  	
  Dresser
  Rand

  	
   

  
	
  Banner #3

  	
   

  	
  800

  	
   

  	
  G

  	
   

  	
  3

  	
   

  	
  Cat
  399TA

  	
   

  	
  Ariel

  	
   

  
	
  Copperhead Gap #1

  	
   

  	
  1250

  	
   

  	
  E

  	
   

  	
  4

  	
   

  	
  Reliance/Elec

  	
   

  	
  Ariel

  	
   

  
	
  Flemingtown

  	
   

  	
  400

  	
   

  	
  G

  	
   

  	
  2

  	
   

  	
  Ajax
  2802 LE

  	
   

  	
  AJAX

  	
   

  
	
  Fork Ridge #1

  	
   

  	
  1750

  	
   

  	
  E

  	
   

  	
  4

  	
   

  	
  Relance
  1750

  	
   

  	
  ARIEL
  JGT/6

  	
   

  
	
  Fork Ridge #2

  	
   

  	
  1750

  	
   

  	
  E

  	
   

  	
  4

  	
   

  	
  Relance
  1750

  	
   

  	
  ARIEL
  JGT/6

  	
   

  
	
  Hatchett

  	
   

  	
  600

  	
   

  	
  G

  	
   

  	
  2

  	
   

  	
  Cat
  398 TAA

  	
   

  	
  Dresser
  Rand

  	
   

  
	
  Hurricane Creek #1

  	
   

  	
  675

  	
   

  	
  G

  	
   

  	
  2

  	
   

  	
  Cat
  G3512 TA

  	
   

  	
  Dresser
  Rand

  	
   

  
	
  Hurricane Creek #2

  	
   

  	
  810

  	
   

  	
  G

  	
   

  	
  2

  	
   

  	
  Cat
  G3512 TA

  	
   

  	
  ARIEL

  	
   

  
	
  Lick Creek #1

  	
   

  	
  600

  	
   

  	
  G

  	
   

  	
  2

  	
   

  	
  Cat
  398 TAA

  	
   

  	
  Dresser
  Rand

  	
   

  
	
  Lick Creek #2

  	
   

  	
  600

  	
   

  	
  G

  	
   

  	
  2

  	
   

  	
  Cat
  398 TAA

  	
   

  	
  Dresser
  Rand

  	
   

  
	
  Middle Fork #1

  	
   

  	
  400

  	
   

  	
  G

  	
   

  	
  Multi

  	
   

  	
  Cat
  3406 TA

  	
   

  	
  Gardner
  Denver

  	
   

  
	
  Middle Fork #2

  	
   

  	
  810

  	
   

  	
  G

  	
   

  	
  Multi

  	
   

  	
  Cat
  3512 TA

  	
   

  	
  ARIEL

  	
   

  
	
  Nancy #1

  	
   

  	
  400

  	
   

  	
  G

  	
   

  	
  2

  	
   

  	
  Ajax
  2802

  	
   

  	
  Ajax

  	
   

  
	
  Nancy #2

  	
   

  	
  810

  	
   

  	
  G

  	
   

  	
  2

  	
   

  	
  Cat
  3512 TA

  	
   

  	
  ARIEL

  	
   

  
	
  Nora SR#1 (Banner #4)

  	
   

  	
  1340

  	
   

  	
  G

  	
   

  	
  3

  	
   

  	
  Cat
  3516 TA

  	
   

  	
  Ariel

  	
   

  
	
  Nora SR#2 (Leased)

  	
   

  	
  1340

  	
   

  	
  G

  	
   

  	
  3

  	
   

  	
  Cat
  3516 TA AFR

  	
   

  	
  Ariel

  	
   

  
	
  Nora SR#3 (Leased)

  	
   

  	
  1340

  	
   

  	
  G

  	
   

  	
  3

  	
   

  	
  Cat
  3516 TA AFR

  	
   

  	
  Ariel

  	
   

  
	
  North Big Ridge #1

  	
   

  	
  1250

  	
   

  	
  E

  	
   

  	
  3

  	
   

  	
  Reliance/Elec

  	
   

  	
  Ariel
  JGK/4

  	
   

  
	
  North Big Ridge #2

  	
   

  	
  1250

  	
   

  	
  E

  	
   

  	
  3

  	
   

  	
  Reliance/Elec

  	
   

  	
  Ariel
  JGK/4

  	
   

  
	
  Ramsey Ridge #1

  	
   

  	
  305

  	
   

  	
  G

  	
   

  	
  Multi

  	
   

  	
  Cat
  G3406 TA-HCR

  	
   

  	
  Dresser
  Rand

  	
   

  
	
  Ramsey Ridge #2

  	
   

  	
  305

  	
   

  	
  G

  	
   

  	
  Multi

  	
   

  	
  Cat
  G3406 TA-HCR

  	
   

  	
  Dresser
  Rand

  	
   

  
	
  Ramsey Ridge #3

  	
   

  	
  675

  	
   

  	
  G

  	
   

  	
  2

  	
   

  	
  Cat
  G3512 TA

  	
   

  	
  Dresser
  Rand

  	
   

  
	
  Ramsey Ridge #4

  	
   

  	
  810

  	
   

  	
  G

  	
   

  	
  Multi

  	
   

  	
  CAT
  G35212 TA

  	
   

  	
  Gardner
  Denver

  	
   

  
	
  Smith Ridge #1

  	
   

  	
  810

  	
   

  	
  G

  	
   

  	
  2

  	
   

  	
  Cat
  G3512 TA

  	
   

  	
  ARIEL

  	
   

  
	
  Smith Ridge #2

  	
   

  	
  810

  	
   

  	
  G

  	
   

  	
  2

  	
   

  	
  Cat
  G3512 TA

  	
   

  	
  ARIEL

  	
   

  
	
  South Little Caney #1

  	
   

  	
  400

  	
   

  	
  G

  	
   

  	
  2

  	
   

  	
  Caterpillar

  	
   

  	
  Ariel
  JG/R

  	
   

  
	
  South Little Caney #2

  	
   

  	
  400

  	
   

  	
  G

  	
   

  	
  Multi

  	
   

  	
  Caterpillar
  3408

  	
   

  	
  Frick

  	
   

  
	
  Wampler Ridge #1

  	
   

  	
  1265

  	
   

  	
  G

  	
   

  	
  4

  	
   

  	
  Cat
  3516 LE 130

  	
   

  	
  Universal
  (ARIEL)

  	
   

  
	
  Wampler Ridge #2

  	
   

  	
  1265

  	
   

  	
  G

  	
   

  	
  4

  	
   

  	
  Cat
  3516 LE 130

  	
   

  	
  Dearing

  	
   

  
	
  Wampler Ridge #3

  	
   

  	
  1265

  	
   

  	
  G

  	
   

  	
  4

  	
   

  	
  CAT
  3516

  	
   

  	
  Ariel

  	
   

  



 


10
















 


EXHIBIT A-1


GATHERING ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  451364

  	
   

  	
  2

  	
   

  	
  36084-H4

  	
   

  
	
  451472

  	
   

  	
  4

  	
   

  	
  37082-B4

  	
   

  
	
  452131

  	
   

  	
  2

  	
   

  	
  37082-A1

  	
   

  
	
  452678

  	
   

  	
  2

  	
   

  	
  36082-H4

  	
   

  
	
  452704

  	
   

  	
  2

  	
   

  	
  36082-H4

  	
   

  
	
  454580

  	
   

  	
  8

  	
   

  	
  36082-H3

  	
   

  
	
  454607

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  454710

  	
   

  	
  2

  	
   

  	
  37082-A4

  	
   

  
	
  454969

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  455495

  	
   

  	
  3

  	
   

  	
  37082-B4

  	
   

  
	
  455666

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  455743

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  455782

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  455795

  	
   

  	
  2

  	
   

  	
  37082-B2

  	
   

  
	
  455841

  	
   

  	
  2

  	
   

  	
  37082-A1

  	
   

  
	
  455862

  	
   

  	
  3

  	
   

  	
  37082-A1

  	
   

  
	
  455886

  	
   

  	
  2

  	
   

  	
  37082-A4

  	
   

  
	
  455897

  	
   

  	
  6

  	
   

  	
  36082-H2

  	
   

  
	
  455937

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  455945

  	
   

  	
  2

  	
   

  	
  37082-A2

  	
   

  
	
  455945

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  455946

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  455948

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  455949

  	
   

  	
  2

  	
   

  	
  36082-H2

  	
   

  
	
  455952

  	
   

  	
  4

  	
   

  	
  36082-H2

  	
   

  
	
  455957

  	
   

  	
  4

  	
   

  	
  36082-H2

  	
   

  
	
  455959

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  455969

  	
   

  	
  2

  	
   

  	
  37082-A4

  	
   

  
	
  455977

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  455991

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  455995

  	
   

  	
  3

  	
   

  	
  37082-A1

  	
   

  
	
  455998

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  455999

  	
   

  	
  4

  	
   

  	
  37082-H4

  	
   

  



 


11

















 


EXHIBIT A-1


GATHERING ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  456000

  	
   

  	
  4

  	
   

  	
  36082-H2

  	
   

  
	
  456009

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456010

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456019

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456023

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  456024

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456027

  	
   

  	
  6

  	
   

  	
  37082-A4

  	
   

  
	
  456029

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456033

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  456034

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456035

  	
   

  	
  3

  	
   

  	
  37082-B4

  	
   

  
	
  456039

  	
   

  	
  2

  	
   

  	
  37082-A4

  	
   

  
	
  456041

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  456043

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  456050

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  456051

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  456052

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456065

  	
   

  	
  4

  	
   

  	
  36082-H2

  	
   

  
	
  456066

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456071

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  456073

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  456075

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456076

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456087

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  456109

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  456112

  	
   

  	
  2

  	
   

  	
  37082-A4

  	
   

  
	
  456114

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456115

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456119

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456127

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  456128

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456129

  	
   

  	
  3

  	
   

  	
  37082-A1

  	
   

  
	
  456135

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  



 


12

















 


EXHIBIT A-1


GATHERING ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  456136

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  456141

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  456142

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  456154

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  456155

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456157

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456158

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456159

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  456160

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  456161

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  456162

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  456163

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  456175

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  456178

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  456196

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  456201

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456203

  	
   

  	
  6

  	
   

  	
  37082-B2

  	
   

  
	
  456206

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456209

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  456210

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456220

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  456238

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456239

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456241

  	
   

  	
  2

  	
   

  	
  37082-B1

  	
   

  
	
  456242

  	
   

  	
  2

  	
   

  	
  37082-A4

  	
   

  
	
  456244

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  456245

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  456251

  	
   

  	
  3

  	
   

  	
  36082-H4

  	
   

  
	
  456254

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456260

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  456262

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  456265

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  456266

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  



 


13

















 


EXHIBIT A-1


GATHERING ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  456275

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  456276

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456277

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  456278

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456280

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  456284

  	
   

  	
  6

  	
   

  	
  36082-H3

  	
   

  
	
  456288

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  456290

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  456291

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  456292

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456293

  	
   

  	
  6

  	
   

  	
  36082-H3

  	
   

  
	
  456305

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  456306

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  456309

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  456310

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  456313

  	
   

  	
  6

  	
   

  	
  36082-H3

  	
   

  
	
  456316

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  456318

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  456319

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456320

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  456321

  	
   

  	
  2

  	
   

  	
  37082-A2

  	
   

  
	
  456322

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  456323

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456324

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  456333

  	
   

  	
  2

  	
   

  	
  37082-B2

  	
   

  
	
  456334

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  456335

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  456341

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  456345

  	
   

  	
  3

  	
   

  	
  37082-B3

  	
   

  
	
  456346

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  456348

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456354

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  456359

  	
   

  	
  6

  	
   

  	
  37082-B2

  	
   

  



 


14

















 


EXHIBIT A-1


GATHERING ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  456361

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  456362

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456380

  	
   

  	
  6

  	
   

  	
  36082-H3

  	
   

  
	
  456391

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456392

  	
   

  	
  6

  	
   

  	
  36082-H3

  	
   

  
	
  456395

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456396

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  456397

  	
   

  	
  2

  	
   

  	
  37082-B1

  	
   

  
	
  456401

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456402

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456405

  	
   

  	
  2

  	
   

  	
  37082-B1

  	
   

  
	
  456406

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  456407

  	
   

  	
  8

  	
   

  	
  37082-A2

  	
   

  
	
  456408

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  456409

  	
   

  	
  2

  	
   

  	
  37082-A2

  	
   

  
	
  456410

  	
   

  	
  6

  	
   

  	
  37082-A2

  	
   

  
	
  456415

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  456420

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456421

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  456422

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  456429

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456430

  	
   

  	
  8

  	
   

  	
  37082-A2

  	
   

  
	
  456431

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  456432

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  456434

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  456449

  	
   

  	
  6

  	
   

  	
  37082-A4

  	
   

  
	
  456452

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  456463

  	
   

  	
  2

  	
   

  	
  37082-A4

  	
   

  
	
  456469

  	
   

  	
  3

  	
   

  	
  37082-B3

  	
   

  
	
  456470

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  456472

  	
   

  	
  6

  	
   

  	
  37082-A2

  	
   

  
	
  456473

  	
   

  	
  2

  	
   

  	
  37082-A2

  	
   

  
	
  456477

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  



 


15
















 


EXHIBIT A-1


GATHERING ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  456478

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  456482

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456483

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456484

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456487

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  456488

  	
   

  	
  2

  	
   

  	
  36082-H4

  	
   

  
	
  456489

  	
   

  	
  4

  	
   

  	
  37082-A1

  	
   

  
	
  456494

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456495

  	
   

  	
  3

  	
   

  	
  37082-B1

  	
   

  
	
  456498

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456500

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456501

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456502

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456503

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  456505

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456515

  	
   

  	
  2

  	
   

  	
  37082-A2

  	
   

  
	
  456523

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456548

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  456549

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456550

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  456551

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456553

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  456554

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456560

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456562

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  456563

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  456568

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  456572

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  456573

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  456575

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456576

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456578

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456584

  	
   

  	
  3

  	
   

  	
  36082-H3

  	
   

  



 


16

















 


EXHIBIT A-1


GATHERING ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  456593

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456601

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456605

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456610

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  456612

  	
   

  	
  3

  	
   

  	
  36082-H4

  	
   

  
	
  456617

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456629

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456637

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  456641

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  456649

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456656

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  456657

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  456670

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456676

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456677

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456678

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  456679

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  456682

  	
   

  	
  2

  	
   

  	
  37082-A4

  	
   

  
	
  456683

  	
   

  	
  2

  	
   

  	
  37082-A4

  	
   

  
	
  456692

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  456693

  	
   

  	
  2

  	
   

  	
  37082-A2

  	
   

  
	
  456698

  	
   

  	
  2

  	
   

  	
  37082-B3

  	
   

  
	
  456707

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456709

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  456713

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  456714

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  456717

  	
   

  	
  2

  	
   

  	
  37082-A2

  	
   

  
	
  456720

  	
   

  	
  2

  	
   

  	
  37082-B3

  	
   

  
	
  456721

  	
   

  	
  3

  	
   

  	
  36082-H4

  	
   

  
	
  456725

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  456726

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456727

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  456727

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  



 


17

















 


EXHIBIT A-1


GATHERING ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  456734

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  456735

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  456740

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456741

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456743

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  456745

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  456750

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  456755

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456757

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456761

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  456762

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  456774

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  456775

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  456779

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456781

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  456781

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  456782

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456797

  	
   

  	
  4

  	
   

  	
  36082-H3

  	
   

  
	
  456802

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  456806

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  456810

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456811

  	
   

  	
  2

  	
   

  	
  37082-A2

  	
   

  
	
  456813

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  456814

  	
   

  	
  3

  	
   

  	
  37082-B3

  	
   

  
	
  456816

  	
   

  	
  2

  	
   

  	
  37082-A2

  	
   

  
	
  456818

  	
   

  	
  4

  	
   

  	
  37082-A1

  	
   

  
	
  456823

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  456830

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456832

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  456833

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456834

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  456839

  	
   

  	
  3

  	
   

  	
  37082-B3

  	
   

  
	
  456842

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  



 


18

















 


EXHIBIT A-1


GATHERING ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  456845

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456847

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456853

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  456855

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  456856

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  456863

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  456864

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  456865

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456866

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456880

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  456886

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  456898

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  456909

  	
   

  	
  4

  	
   

  	
  37082-A1

  	
   

  
	
  456910

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456911

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456912

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456913

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  456926

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  456929

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456932

  	
   

  	
  4

  	
   

  	
  37082-A1

  	
   

  
	
  456933

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456935

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456936

  	
   

  	
  2

  	
   

  	
  37082-A2

  	
   

  
	
  456937

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456940

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456941

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456944

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456949

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  456954

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  456956

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456958

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456963

  	
   

  	
  2

  	
   

  	
  37082-A2

  	
   

  
	
  456964

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  



 


19

















 


EXHIBIT A-1


GATHERING ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  456965

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456966

  	
   

  	
  2

  	
   

  	
  37082-A2

  	
   

  
	
  456974

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456978

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  456983

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456984

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  456990

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  456993

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456994

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456995

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  456996

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457009

  	
   

  	
  2

  	
   

  	
  37082-A4

  	
   

  
	
  457011

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457012

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457013

  	
   

  	
  2

  	
   

  	
  37082-A1

  	
   

  
	
  457014

  	
   

  	
  2

  	
   

  	
  37082-A1

  	
   

  
	
  457016

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457017

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457019

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  457024

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  457025

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457027

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  457027

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  457028

  	
   

  	
  2

  	
   

  	
  37082-A2

  	
   

  
	
  457029

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  457030

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  457031

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457032

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457033

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457034

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  457035

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457036

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  457037

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  



 


20
















 


EXHIBIT A-1


GATHERING ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  457038

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457039

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457040

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457041

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457043

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457044

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  457044

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457045

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457049

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457053

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457054

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  457055

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  457058

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  457062

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  457064

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457065

  	
   

  	
  2

  	
   

  	
  37082-B3

  	
   

  
	
  457066

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457067

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  457072

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  457076

  	
   

  	
  4

  	
   

  	
  36082-H2

  	
   

  
	
  457077

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457078

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457080

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457081

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457083

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457085

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  457087

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457095

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457100

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  457106

  	
   

  	
  4

  	
   

  	
  36082-H2

  	
   

  
	
  457107

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457108

  	
   

  	
  2

  	
   

  	
  36082-H2

  	
   

  
	
  457109

  	
   

  	
  4

  	
   

  	
  36082-H2

  	
   

  



 


21

















 


EXHIBIT
A-1


GATHERING
ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  457110

  	
   

  	
  2

  	
   

  	
  37082-B2

  	
   

  
	
  457112

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  457113

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457114

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  457118

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457123

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457127

  	
   

  	
  2

  	
   

  	
  36082-H2

  	
   

  
	
  457129

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457131

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457133

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  457141

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457142

  	
   

  	
  2

  	
   

  	
  36082-H2

  	
   

  
	
  457145

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457157

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457162

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  457163

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  457164

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457168

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  457172

  	
   

  	
  2

  	
   

  	
  37082-H4

  	
   

  
	
  457173

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  457182

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457183

  	
   

  	
  4

  	
   

  	
  37082-A1

  	
   

  
	
  457184

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457186

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457188

  	
   

  	
  2

  	
   

  	
  36082-H3

  	
   

  
	
  457189

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  457192

  	
   

  	
  4

  	
   

  	
  36082-H3

  	
   

  
	
  457194

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  457195

  	
   

  	
  2

  	
   

  	
  36082-H3

  	
   

  
	
  457203

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  457212

  	
   

  	
  4

  	
   

  	
  37082-A1

  	
   

  
	
  457214

  	
   

  	
  2

  	
   

  	
  37082-A1

  	
   

  
	
  457216

  	
   

  	
  2

  	
   

  	
  37082-A1

  	
   

  



 


22

















 


EXHIBIT
A-1


GATHERING
ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  457227

  	
   

  	
  4

  	
   

  	
  37082-A1

  	
   

  
	
  457228

  	
   

  	
  4

  	
   

  	
  37082-A1

  	
   

  
	
  457235

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  457236

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  457237

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457238

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  457248

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  457257

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  457258

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  457260

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  457264

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  457266

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457267

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  457268

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457273

  	
   

  	
  3

  	
   

  	
  37082-B3

  	
   

  
	
  457274

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457275

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457276

  	
   

  	
  2

  	
   

  	
  37082-B3

  	
   

  
	
  457277

  	
   

  	
  2

  	
   

  	
  37082-A1

  	
   

  
	
  457278

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457289

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  457290

  	
   

  	
  4

  	
   

  	
  37082-A1

  	
   

  
	
  457293

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  457294

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457298

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457315

  	
   

  	
  3

  	
   

  	
  37082-B3

  	
   

  
	
  457317

  	
   

  	
  2

  	
   

  	
  37082-A2

  	
   

  
	
  457322

  	
   

  	
  3

  	
   

  	
  37082-B2

  	
   

  
	
  457323

  	
   

  	
  2

  	
   

  	
  37082-B2

  	
   

  
	
  457324

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  457324

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  457325

  	
   

  	
  2

  	
   

  	
  37082-B2

  	
   

  
	
  457327

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  



 


23

















 


EXHIBIT
A-1


GATHERING
ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  457330

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457331

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  457332

  	
   

  	
  2

  	
   

  	
  37082-B2

  	
   

  
	
  457343

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  457345

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  457346

  	
   

  	
  2

  	
   

  	
  36082-H3

  	
   

  
	
  457348

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  457356

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  457362

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  457363

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  457364

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  457372

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457375

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  457376

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  457377

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  457385

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  457386

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457387

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457391

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  457397

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  457412

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457417

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457418

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457419

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  457420

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  457421

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457426

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  457429

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  457431

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  457448

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  457459

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  457462

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  457463

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  



 


24

















 


EXHIBIT
A-1


GATHERING
ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  457467

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457477

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457522

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457528

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457542

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  457546

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  833736PL

  	
   

  	
  2

  	
   

  	
  36082-H4

  	
   

  
	
  ANR-91PL

  	
   

  	
  2

  	
   

  	
  36082-H3

  	
   

  
	
  B-1

  	
   

  	
  6

  	
   

  	
  37082-A4

  	
   

  
	
  B-10

  	
   

  	
  6

  	
   

  	
  37082-B3

  	
   

  
	
  B-11

  	
   

  	
  6

  	
   

  	
  36082-H4

  	
   

  
	
  B-13

  	
   

  	
  8

  	
   

  	
  37082-A3

  	
   

  
	
  B-15

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  B-15

  	
   

  	
  8

  	
   

  	
  37082-A3

  	
   

  
	
  B-16

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  B-2

  	
   

  	
  6

  	
   

  	
  37082-A4

  	
   

  
	
  B-3

  	
   

  	
  8

  	
   

  	
  37082-A3

  	
   

  
	
  B-3PL

  	
   

  	
  8

  	
   

  	
  37082-A3

  	
   

  
	
  B-4

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  B-5

  	
   

  	
  8

  	
   

  	
  37082-A4

  	
   

  
	
  B-6

  	
   

  	
  8

  	
   

  	
  37082-A3

  	
   

  
	
  B-7

  	
   

  	
  8

  	
   

  	
  37082-A3

  	
   

  
	
  B-7

  	
   

  	
  8

  	
   

  	
  37082-B3

  	
   

  
	
  B-8

  	
   

  	
  6

  	
   

  	
  37082-B3

  	
   

  
	
  B-9

  	
   

  	
  6

  	
   

  	
  37082-A4

  	
   

  
	
  BF-100

  	
   

  	
  6

  	
   

  	
  37082-A2

  	
   

  
	
  BF-101

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  BF-102

  	
   

  	
  8

  	
   

  	
  37082-B2

  	
   

  
	
  BF-103PL

  	
   

  	
  8

  	
   

  	
  37082-A3

  	
   

  
	
  BF-104

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  BF-105PL

  	
   

  	
  8

  	
   

  	
  37082-B1

  	
   

  
	
  BF-108

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  BF-109

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  



 


25
















 


EXHIBIT A-1


GATHERING ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  BF-112

  	
   

  	
  8

  	
   

  	
  36082-H4

  	
   

  
	
  BF-114PL

  	
   

  	
  8

  	
   

  	
  37082-A4

  	
   

  
	
  BF-115

  	
   

  	
  6

  	
   

  	
  37082-A2

  	
   

  
	
  BF-116

  	
   

  	
  12

  	
   

  	
  36082-H4

  	
   

  
	
  BF-117 (BANNER SUCTION)

  	
   

  	
  12

  	
   

  	
  36082-H4

  	
   

  
	
  BF-119

  	
   

  	
  6

  	
   

  	
  36082-H4

  	
   

  
	
  BF-122

  	
   

  	
  6

  	
   

  	
  36082-H4

  	
   

  
	
  BF-124

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  BF-124

  	
   

  	
  6

  	
   

  	
  37082-B3

  	
   

  
	
  BF-125

  	
   

  	
  12

  	
   

  	
  37082-B3

  	
   

  
	
  BF-125

  	
   

  	
  8

  	
   

  	
  37082-B3

  	
   

  
	
  BF-127

  	
   

  	
  8

  	
   

  	
  37082-B2

  	
   

  
	
  BF-128

  	
   

  	
  8

  	
   

  	
  37082-B3

  	
   

  
	
  BF-130

  	
   

  	
  8

  	
   

  	
  37082-A2

  	
   

  
	
  BF-133

  	
   

  	
  6

  	
   

  	
  37082-B3

  	
   

  
	
  BF-134

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  BF-138

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  BF-140PL

  	
   

  	
  6

  	
   

  	
  37082-B3

  	
   

  
	
  BF-149PL

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  BF-149PL

  	
   

  	
  8

  	
   

  	
  37082-A3

  	
   

  
	
  BF-155

  	
   

  	
  6

  	
   

  	
  36082-H2

  	
   

  
	
  BF-156

  	
   

  	
  6

  	
   

  	
  37082-B3

  	
   

  
	
  BF-18

  	
   

  	
  16

  	
   

  	
  37082-A3

  	
   

  
	
  BF-20

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  BF-21

  	
   

  	
  6

  	
   

  	
  37082-A4

  	
   

  
	
  BF-21

  	
   

  	
  6

  	
   

  	
  37082-B3

  	
   

  
	
  BF-21

  	
   

  	
  6

  	
   

  	
  37082-B4

  	
   

  
	
  BF-22

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  BF-23

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  BF-24

  	
   

  	
  8

  	
   

  	
  37082-B3

  	
   

  
	
  BF-24 EXT.#1

  	
   

  	
  8

  	
   

  	
  37082-B3

  	
   

  
	
  BF-25

  	
   

  	
  6

  	
   

  	
  37082-A4

  	
   

  



 


26

















 


EXHIBIT A-1


GATHERING ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  BF-26

  	
   

  	
  6

  	
   

  	
  37082-B3

  	
   

  
	
  BF-27

  	
   

  	
  6

  	
   

  	
  37082-B3

  	
   

  
	
  BF-28

  	
   

  	
  6

  	
   

  	
  37082-B4

  	
   

  
	
  BF-29

  	
   

  	
  8

  	
   

  	
  37082-A3

  	
   

  
	
  BF-29

  	
   

  	
  8

  	
   

  	
  37082-A4

  	
   

  
	
  BF-30

  	
   

  	
  6

  	
   

  	
  37082-A4

  	
   

  
	
  BF-30 EXT.#1

  	
   

  	
  6

  	
   

  	
  37082-A4

  	
   

  
	
  BF-31

  	
   

  	
  8

  	
   

  	
  37082-A2

  	
   

  
	
  BF-31

  	
   

  	
  8

  	
   

  	
  37082-A3

  	
   

  
	
  BF-32

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  BF-35

  	
   

  	
  12

  	
   

  	
  37082-A2

  	
   

  
	
  BF-36

  	
   

  	
  8

  	
   

  	
  37082-A3

  	
   

  
	
  BF-37

  	
   

  	
  20

  	
   

  	
  37082-A3

  	
   

  
	
  BF-39

  	
   

  	
  6

  	
   

  	
  37082-A2

  	
   

  
	
  BF-40

  	
   

  	
  6

  	
   

  	
  37082-B2

  	
   

  
	
  BF-41

  	
   

  	
  8

  	
   

  	
  37082-A2

  	
   

  
	
  BF-42

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  BF-43

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  BF-44

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  BF-44 EXT.#1

  	
   

  	
  6

  	
   

  	
  37082-A1

  	
   

  
	
  BF-44 EXT.#1

  	
   

  	
  6

  	
   

  	
  37082-A2

  	
   

  
	
  BF-45

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  BF-45

  	
   

  	
  6

  	
   

  	
  37082-A2

  	
   

  
	
  BF-45

  	
   

  	
  8

  	
   

  	
  37082-A2

  	
   

  
	
  BF-46

  	
   

  	
  12

  	
   

  	
  37082-A3

  	
   

  
	
  BF-47

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  BF-48

  	
   

  	
  6

  	
   

  	
  37082-A2

  	
   

  
	
  BF-49

  	
   

  	
  6

  	
   

  	
  37082-A2

  	
   

  
	
  BF-49 EXT.#4

  	
   

  	
  8

  	
   

  	
  37082-A2

  	
   

  
	
  BF-50

  	
   

  	
  6

  	
   

  	
  37082-A2

  	
   

  
	
  BF-53

  	
   

  	
  8

  	
   

  	
  36082-H4

  	
   

  
	
  BF-55

  	
   

  	
  8

  	
   

  	
  37082-A3

  	
   

  
	
  BF-57

  	
   

  	
  8

  	
   

  	
  37082-A3

  	
   

  



 


27

















 


EXHIBIT A-1


GATHERING ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  BF-58

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  BF-59

  	
   

  	
  6

  	
   

  	
  37082-A2

  	
   

  
	
  BF-61

  	
   

  	
  8

  	
   

  	
  37082-A3

  	
   

  
	
  BF-62

  	
   

  	
  16

  	
   

  	
  37082-A2

  	
   

  
	
  BF-62

  	
   

  	
  16

  	
   

  	
  37082-A3

  	
   

  
	
  BF-62 EXT.#2

  	
   

  	
  16

  	
   

  	
  37082-B1

  	
   

  
	
  BF-62 EXT.#2

  	
   

  	
  16

  	
   

  	
  37082-B2

  	
   

  
	
  BF-66

  	
   

  	
  8

  	
   

  	
  37082-A3

  	
   

  
	
  BF-67

  	
   

  	
  6

  	
   

  	
  36082-H4

  	
   

  
	
  BF-67 EXT.

  	
   

  	
  6

  	
   

  	
  36082-H4

  	
   

  
	
  BF-67 EXT.#3

  	
   

  	
  6

  	
   

  	
  36082-H4

  	
   

  
	
  BF-67EXT2

  	
   

  	
  6

  	
   

  	
  36082-H4

  	
   

  
	
  BF-68

  	
   

  	
  8

  	
   

  	
  37082-A3

  	
   

  
	
  BF-69

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  BF-71

  	
   

  	
  8

  	
   

  	
  37082-A2

  	
   

  
	
  BF-71

  	
   

  	
  8

  	
   

  	
  37082-B2

  	
   

  
	
  BF-72

  	
   

  	
  10

  	
   

  	
  37082-A3

  	
   

  
	
  BF-72

  	
   

  	
  8

  	
   

  	
  37082-A4

  	
   

  
	
  BF-73

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  BF-73

  	
   

  	
  6

  	
   

  	
  37082-A4

  	
   

  
	
  BF-76

  	
   

  	
  8

  	
   

  	
  37082-B1

  	
   

  
	
  BF-76 EXT.#2

  	
   

  	
  8

  	
   

  	
  37082-A1

  	
   

  
	
  BF-76 EXT.#3

  	
   

  	
  8

  	
   

  	
  37082-A1

  	
   

  
	
  BF-76 EXT.#4

  	
   

  	
  8

  	
   

  	
  37082-A1

  	
   

  
	
  BF-77

  	
   

  	
  6

  	
   

  	
  36082-H3

  	
   

  
	
  BF-77

  	
   

  	
  6

  	
   

  	
  36082-H4

  	
   

  
	
  BF-78

  	
   

  	
  6

  	
   

  	
  37082-A2

  	
   

  
	
  BF-78

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  BF-79 EXT.

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  BF-80

  	
   

  	
  6

  	
   

  	
  37082-A2

  	
   

  
	
  BF-81

  	
   

  	
  8

  	
   

  	
  37082-A1

  	
   

  
	
  BF-81

  	
   

  	
  8

  	
   

  	
  37082-A2

  	
   

  
	
  BF-82

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  



 


28

















 


EXHIBIT A-1


GATHERING ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  BF-82

  	
   

  	
  8

  	
   

  	
  37082-A2

  	
   

  
	
  BF-82

  	
   

  	
  8

  	
   

  	
  37082-B2

  	
   

  
	
  BF-84

  	
   

  	
  8

  	
   

  	
  37082-A2

  	
   

  
	
  BF-85

  	
   

  	
  8

  	
   

  	
  37082-A1

  	
   

  
	
  BF-85

  	
   

  	
  8

  	
   

  	
  37082-B1

  	
   

  
	
  BF-87

  	
   

  	
  6

  	
   

  	
  37082-A2

  	
   

  
	
  BF-87 EXT.#1

  	
   

  	
  6

  	
   

  	
  37082-A2

  	
   

  
	
  BF-88

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  BF-88

  	
   

  	
  8

  	
   

  	
  37082-A3

  	
   

  
	
  BF-89

  	
   

  	
  6

  	
   

  	
  36082-H2

  	
   

  
	
  BF-89

  	
   

  	
  6

  	
   

  	
  37082-A2

  	
   

  
	
  BF-90

  	
   

  	
  6

  	
   

  	
  37082-A2

  	
   

  
	
  BF-90

  	
   

  	
  8

  	
   

  	
  37082-A2

  	
   

  
	
  BF-91

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  BF-93

  	
   

  	
  8

  	
   

  	
  37082-A1

  	
   

  
	
  BF-95

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  BF-97PL

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  BG-10

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  BG-100PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  BG-101

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  BG-102

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  BG-106

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  BG-108

  	
   

  	
  4

  	
   

  	
  36082-H3

  	
   

  
	
  BG-109

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  BG-11

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  BG-110

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  BG-111

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  BG-112

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  BG-113

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  BG-114PL

  	
   

  	
  8

  	
   

  	
  37082-A4

  	
   

  
	
  BG-12

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  BG-13

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  BG-14

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  



 


29

















 


EXHIBIT A-1


GATHERING ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  BG-15

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  BG-17

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  BG-18

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  BG-19

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  BG-2

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  BG-20

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  BG-21

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  BG-22

  	
   

  	
  4

  	
   

  	
  37082-B4

  	
   

  
	
  BG-23

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  BG-24

  	
   

  	
  4

  	
   

  	
  37082-B4

  	
   

  
	
  BG-25

  	
   

  	
  4

  	
   

  	
  37082-B4

  	
   

  
	
  BG-26

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  BG-27

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  BG-28

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  BG-29

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  BG-3

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  BG-30

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  BG-31

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  BG-31 EXT.1

  	
   

  	
  6

  	
   

  	
  36082-H4

  	
   

  
	
  BG-32

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  BG-33

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  BG-34

  	
   

  	
  4

  	
   

  	
  37082-B4

  	
   

  
	
  BG-35

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  BG-37

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  BG-38

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  BG-39

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  BG-4

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  BG-40

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  BG-41

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  BG-42

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  BG-43

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  BG-44

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  BG-46

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  



 


30
















 


EXHIBIT
A-1


GATHERING
ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  BG-47

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  BG-5

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  BG-54

  	
   

  	
  6

  	
   

  	
  37082-A2

  	
   

  
	
  BG-60

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  BG-63

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  BG-65

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  BG-66

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  BG-68

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  BG-69

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  BG-69

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  BG-7

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  BG-71

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  BG-72

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  BG-73

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  BG-74

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  BG-75

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  BG-76

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  BG-77

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  BG-78

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  BG-80PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  BG-81PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  BG-83

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  BG-84

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  BG-85PL

  	
   

  	
  3

  	
   

  	
  37082-B3

  	
   

  
	
  BG-86

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  BG-87

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  BG-88

  	
   

  	
  3

  	
   

  	
  37082-B3

  	
   

  
	
  BG-89

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  BG-9

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  BG-90

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  BG-92

  	
   

  	
  3

  	
   

  	
  37082-B3

  	
   

  
	
  BG-97

  	
   

  	
  3

  	
   

  	
  36082-H4

  	
   

  
	
  BG-98

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  



 


31

















 


EXHIBIT
A-1


GATHERING
ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  BR-24

  	
   

  	
  8

  	
   

  	
  37082-A3

  	
   

  
	
  BW-111

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  BW-119

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  BW-121

  	
   

  	
  2

  	
   

  	
  37082-B3

  	
   

  
	
  BW-121

  	
   

  	
  3

  	
   

  	
  37082-B3

  	
   

  
	
  BW-159

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  BW-188

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  BW-194

  	
   

  	
  3

  	
   

  	
  37082-B2

  	
   

  
	
  BW-195

  	
   

  	
  2

  	
   

  	
  37082-B3

  	
   

  
	
  BW-208

  	
   

  	
  2

  	
   

  	
  37082-B3

  	
   

  
	
  BW-223

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  BW-63

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  BW-64

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  BW-77

  	
   

  	
  3

  	
   

  	
  37082-B3

  	
   

  
	
  BW-79

  	
   

  	
  3

  	
   

  	
  37082-B4

  	
   

  
	
  Nancy Inlet

  	
   

  	
  12

  	
   

  	
  37082-A3

  	
   

  
	
  NANCY SUCTION

  	
   

  	
  8

  	
   

  	
  37082-A3

  	
   

  
	
  NANCY T

  	
   

  	
  16

  	
   

  	
  37082-A3

  	
   

  
	
  NORA-T

  	
   

  	
  12

  	
   

  	
  37082-A3

  	
   

  
	
  NORA-T

  	
   

  	
  12

  	
   

  	
  37082-A4

  	
   

  
	
  NORA-T

  	
   

  	
  12

  	
   

  	
  37082-B4

  	
   

  
	
  NORA-T

  	
   

  	
  12

  	
   

  	
  37082-B5

  	
   

  
	
  P-160PL

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  P-222PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  P-27PL CONNECT

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  P-383-C PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  P-396PL

  	
   

  	
  2

  	
   

  	
  37082-B3

  	
   

  
	
  P-550404PL

  	
   

  	
  2

  	
   

  	
  37082-A2

  	
   

  
	
  P-550405PL

  	
   

  	
  2

  	
   

  	
  37082-A2

  	
   

  
	
  P-550423PL

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  P-550443PL

  	
   

  	
  2

  	
   

  	
  37082-A4

  	
   

  
	
  P-550450

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  P-550450PL

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  



 


32

















 


EXHIBIT
A-1


GATHERING
ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  P-550451PL

  	
   

  	
  2

  	
   

  	
  37082-A4

  	
   

  
	
  P-550470PL

  	
   

  	
  2

  	
   

  	
  37082-A4

  	
   

  
	
  P-550504PL

  	
   

  	
  6

  	
   

  	
  37082-B4

  	
   

  
	
  P-550506PL

  	
   

  	
  2

  	
   

  	
  37082-B4

  	
   

  
	
  P-550508PL

  	
   

  	
  3

  	
   

  	
  37082-B4

  	
   

  
	
  P-550513PL

  	
   

  	
  2

  	
   

  	
  37082-B4

  	
   

  
	
  P-58PL

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  PC-11

  	
   

  	
  2

  	
   

  	
  37082-A4

  	
   

  
	
  PC-159WL

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  PC-17PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  PC-551010PL

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  PC-551016PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  PC-551018PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  PC-551127PL

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  RF-11

  	
   

  	
  12

  	
   

  	
  36082-H4

  	
   

  
	
  SMITH
  RIDGE DISCHARGE

  	
   

  	
  6

  	
   

  	
  37082-A3

  	
   

  
	
  TRAMMEL
  DISCHARGE

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  V-022400PL

  	
   

  	
  2

  	
   

  	
  37081-C8

  	
   

  
	
  V-133742PL

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  V-501819PL

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  V-501823

  	
   

  	
  3

  	
   

  	
  37082-B3

  	
   

  
	
  V-501832PL

  	
   

  	
  2

  	
   

  	
  37082-B4

  	
   

  
	
  V-502213PL

  	
   

  	
  2

  	
   

  	
  36082-H4

  	
   

  
	
  V-502377PL

  	
   

  	
  2

  	
   

  	
  36082-H4

  	
   

  
	
  V-502597

  	
   

  	
  2

  	
   

  	
  37082-A2

  	
   

  
	
  V-502614PL

  	
   

  	
  6

  	
   

  	
  36082-H2

  	
   

  
	
  V-502710

  	
   

  	
  2

  	
   

  	
  36082-H4

  	
   

  
	
  V-503108PL

  	
   

  	
  3

  	
   

  	
  37082-B4

  	
   

  
	
  V-503193

  	
   

  	
  3

  	
   

  	
  36082-H4

  	
   

  
	
  V-504912PL

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  V-505118PL

  	
   

  	
  3

  	
   

  	
  36082-H2

  	
   

  
	
  V-505254PL

  	
   

  	
  3

  	
   

  	
  37082-B2

  	
   

  



 


33

















 


EXHIBIT
A-1


GATHERING
ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  V-505255PL

  	
   

  	
  2

  	
   

  	
  37082-B3

  	
   

  
	
  V-505256PL

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  V-505370PL

  	
   

  	
  2

  	
   

  	
  36082-H4

  	
   

  
	
  V-505371

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  V-505372PL

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  V-507926PL

  	
   

  	
  2

  	
   

  	
  37081-C8

  	
   

  
	
  V-535431PL

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  V-535432PL

  	
   

  	
  2

  	
   

  	
  36082-H4

  	
   

  
	
  V-535447PL

  	
   

  	
  4

  	
   

  	
  36082-H4

  	
   

  
	
  V-535454PL

  	
   

  	
  2

  	
   

  	
  36082-H4

  	
   

  
	
  V-535460PL

  	
   

  	
  2

  	
   

  	
  37082-A4

  	
   

  
	
  V-535463PL

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  V-535603PL

  	
   

  	
  2

  	
   

  	
  37082-A2

  	
   

  
	
  V-535653PL

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  V-535656PL

  	
   

  	
  8

  	
   

  	
  37082-A2

  	
   

  
	
  V-535657PL

  	
   

  	
  8

  	
   

  	
  37082-A2

  	
   

  
	
  V-535659PL

  	
   

  	
  2

  	
   

  	
  37082-A2

  	
   

  
	
  V-535688PL

  	
   

  	
  2

  	
   

  	
  37082-B1

  	
   

  
	
  V-535857PL

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  V-536099PL

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  VAD-4603PL

  	
   

  	
  6

  	
   

  	
  36082-H3

  	
   

  
	
  VC-2286

  	
   

  	
  2

  	
   

  	
  36082-H2

  	
   

  
	
  VC-2965PL

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  VC-3172PL

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  VC-3595PL

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  VC-4104PL

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  VC-4508PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-4520PL

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  VC-4527PL

  	
   

  	
  3

  	
   

  	
  37082-B2

  	
   

  
	
  VC-4528PL

  	
   

  	
  3

  	
   

  	
  37082-B2

  	
   

  
	
  VC-4647PL

  	
   

  	
  3

  	
   

  	
  37082-B3

  	
   

  
	
  VC-4648

  	
   

  	
  3

  	
   

  	
  37082-B3

  	
   

  
	
  VC-4670

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  



 


 


 


34

















 


EXHIBIT
A-1


GATHERING
ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  VC-502147PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-502568W/PL

  	
   

  	
  3

  	
   

  	
  36082-H2

  	
   

  
	
  VC-502569PL

  	
   

  	
  2

  	
   

  	
  36082-H2

  	
   

  
	
  VC-502571PL

  	
   

  	
  3

  	
   

  	
  36082-H2

  	
   

  
	
  VC-502590PL

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  VC-502832PL

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  VC-502847PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-502868PL

  	
   

  	
  3

  	
   

  	
  37082-B2

  	
   

  
	
  VC-502970PL

  	
   

  	
  2

  	
   

  	
  37082-A2

  	
   

  
	
  VC-502974

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  VC-503039

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-503215PL

  	
   

  	
  2

  	
   

  	
  37082-A4

  	
   

  
	
  VC-503219PL

  	
   

  	
  2

  	
   

  	
  37082-A4

  	
   

  
	
  VC-503321PL

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  VC-503443PL

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  VC-503654

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  VC-503709

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  VC-503721PL

  	
   

  	
  4

  	
   

  	
  37082-B2

  	
   

  
	
  VC-503887PL

  	
   

  	
  3

  	
   

  	
  36082-H4

  	
   

  
	
  VC-504368PL

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  VC-504372PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-504484PL

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  VC-504485PL

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  VC-504496W/PL

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  VC-504502W/PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-504506PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-504507PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-504509PL

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  VC-504510PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-504512PL

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  VC-504517PL

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  VC-504525PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-504537PL

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  



 


35
















 


EXHIBIT
A-1


GATHERING
ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  VC-504639PL

  	
   

  	
  2

  	
   

  	
  37082-A4

  	
   

  
	
  VC-504643PL

  	
   

  	
  3

  	
   

  	
  37082-A1

  	
   

  
	
  VC-504650PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-504651PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-504652PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-504655PL

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  VC-504656PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-504659PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-504662PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-504666PL

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  VC-504668PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-504669PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-504880PL

  	
   

  	
  3

  	
   

  	
  36082-H2

  	
   

  
	
  VC-504886WL

  	
   

  	
  2

  	
   

  	
  37082-B2

  	
   

  
	
  VC-504888PL

  	
   

  	
  3

  	
   

  	
  37082-B3

  	
   

  
	
  VC-504890PL

  	
   

  	
  3

  	
   

  	
  37082-B3

  	
   

  
	
  VC-504891PL

  	
   

  	
  3

  	
   

  	
  37082-B3

  	
   

  
	
  VC-504998PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-504999PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-504999PL

  	
   

  	
  4

  	
   

  	
  37082-A3

  	
   

  
	
  VC-505000PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-505001PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-505002PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-505181PL

  	
   

  	
  2

  	
   

  	
  37082-B1

  	
   

  
	
  VC-505181PL

  	
   

  	
  3

  	
   

  	
  37082-B1

  	
   

  
	
  VC-505187PL

  	
   

  	
  3

  	
   

  	
  37082-B1

  	
   

  
	
  VC-505188PL

  	
   

  	
  3

  	
   

  	
  37082-B1

  	
   

  
	
  VC-505192

  	
   

  	
  3

  	
   

  	
  37082-A1

  	
   

  
	
  VC-505193PL

  	
   

  	
  3

  	
   

  	
  37082-A1

  	
   

  
	
  VC-505203PL

  	
   

  	
  2

  	
   

  	
  37082-A2

  	
   

  
	
  VC-505203PL

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  VC-505206PL

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  VC-505207PL

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  



 


36

















 


EXHIBIT
A-1


GATHERING
ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  VC-505217PL

  	
   

  	
  3

  	
   

  	
  37082-B3

  	
   

  
	
  VC-505219PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-505225PL

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  VC-505226PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-505228PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-505230PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-505232PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-505233PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-505235PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-505245PL

  	
   

  	
  2

  	
   

  	
  37082-A4

  	
   

  
	
  VC-505246PL

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  VC-505247PL

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  VC-505368PL

  	
   

  	
  3

  	
   

  	
  36082-H4

  	
   

  
	
  VC-505369PL

  	
   

  	
  3

  	
   

  	
  36082-H4

  	
   

  
	
  VC-535430PL

  	
   

  	
  6

  	
   

  	
  36082-H3

  	
   

  
	
  VC-535438PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-535439PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-535440PL

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  VC-535442PL

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  VC-535442PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-535445PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-535593PL

  	
   

  	
  6

  	
   

  	
  37082-A4

  	
   

  
	
  VC-535596PL

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  VC-535598PL

  	
   

  	
  3

  	
   

  	
  37082-A4

  	
   

  
	
  VC-535604PL

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  VC-535605PL

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  VC-535606WL

  	
   

  	
  2

  	
   

  	
  37082-A2

  	
   

  
	
  VC-535608PL

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  VC-535610PL

  	
   

  	
  3

  	
   

  	
  37082-B2

  	
   

  
	
  VC-535611PL

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  VC-535614PL

  	
   

  	
  3

  	
   

  	
  37082-A2

  	
   

  
	
  VC-535618PL

  	
   

  	
  3

  	
   

  	
  37082-B3

  	
   

  
	
  VC-535619PL

  	
   

  	
  3

  	
   

  	
  37082-B3

  	
   

  



 


37

















 


EXHIBIT
A-1


GATHERING
ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  VC-535620PL

  	
   

  	
  3

  	
   

  	
  37082-B3

  	
   

  
	
  VC-535621PL

  	
   

  	
  3

  	
   

  	
  37082-B3

  	
   

  
	
  VC-535622PL

  	
   

  	
  3

  	
   

  	
  37082-B3

  	
   

  
	
  VC-535626PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-535635PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-535637PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-535641PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-535642PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-535643PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-535644PL

  	
   

  	
  4

  	
   

  	
  37082-A4

  	
   

  
	
  VC-535646PL

  	
   

  	
  3

  	
   

  	
  37082-B2

  	
   

  
	
  VC-535651

  	
   

  	
  3

  	
   

  	
  36082-H2

  	
   

  
	
  VC-535652

  	
   

  	
  3

  	
   

  	
  36082-H2

  	
   

  
	
  VC-535668PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-535669PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-535672PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-535674

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-535678PL

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  VC-535679PL

  	
   

  	
  2

  	
   

  	
  37082-A3

  	
   

  
	
  VC-535680PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-535700PL

  	
   

  	
  3

  	
   

  	
  37082-A1

  	
   

  
	
  VC-535726PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-535727PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-535728PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-535732PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-535904PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-535906PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  
	
  VC-535947PL

  	
   

  	
  4

  	
   

  	
  37082-A2

  	
   

  
	
  VC-535953PL

  	
   

  	
  4

  	
   

  	
  37082-B3

  	
   

  
	
  VC-536068WL

  	
   

  	
  2

  	
   

  	
  37082-A2

  	
   

  
	
  VC-536397PL

  	
   

  	
  2

  	
   

  	
  37082-A2

  	
   

  
	
  VC-536476WL

  	
   

  	
  2

  	
   

  	
  37082-B2

  	
   

  
	
  VC-536531PL

  	
   

  	
  3

  	
   

  	
  36082-H4

  	
   

  



 


38

















 


EXHIBIT
A-1


GATHERING
ASSETS


 


	
  Pipe ID

  	
   

  	
  Diameter

  	
   

  	
  Quad ID

  	
   

  
	
  VC-703568PL

  	
   

  	
  3

  	
   

  	
  37082-A3

  	
   

  



 


	
  Names

  	
   

  
	
  BF-173

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  BF-171

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  BF-184

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Nora T 16” Replacement

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  BF-90

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  BF-159

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  BF-102

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  BF-179

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  BF-169

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  BF-168

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  BF-152

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  BF-196

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  BF-197

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  BF-30 Relocation

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  BF-150

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  BF-138

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  BF-144

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  BF-165

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  BF-177

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  BF-176

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  BF-183

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  BF-182

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  BF-138

  	
   

  	
   

  	
   

  	
   

  	
   

  
							



 


39
















 


MAP


 


EXHIBIT A-1 Gathering Assets

Buchanan, Dickenson, Russell and Wise

Counties, Virginia


 

















 


EXHIBIT A-2


WATER DISPOSAL WELLS; OTHER
EXCLUDED ASSETS’


 


WATER DISPOSAL
WELLS


 


	
  EPC Well No.

  	
   

  	
  EPC Well Name

  	
   

  	
  API Well No.

  	
   

  	
  State

  	
   

  	
  County

  	
   

  
	
  750148

  	
   

  	
  Jesse
  Wampler 93 P-148

  	
   

  	
  45-051-20531-00

  	
   

  	
  VA

  	
   

  	
  Dickenson

  	
   

  
	
  750143

  	
   

  	
  J. Wampler
  V-750143 (P-143)

  	
   

  	
  45-051-20486-00

  	
   

  	
  VA

  	
   

  	
  Dickenson

  	
   

  
	
  750171

  	
   

  	
  Interstate
  Coal & Iron 110 P-171

  	
   

  	
  45-051-20733-00

  	
   

  	
  VA

  	
   

  	
  Dickenson

  	
   

  
	
  750132

  	
   

  	
  Interstate
  Coal & Iron 83 P-132

  	
   

  	
  45-051-20437-00

  	
   

  	
  VA

  	
   

  	
  Dickenson

  	
   

  
	
  750205

  	
   

  	
  Interstate
  Coal & Iron 140 P-205

  	
   

  	
  45-051-20837-00

  	
   

  	
  VA

  	
   

  	
  Dickenson

  	
   

  
	
  535517

  	
   

  	
  VWD-535517

  	
   

  	
  45-051-25689-00

  	
   

  	
  VA

  	
   

  	
  Dickenson

  	
   

  



 


OIL AND GAS
WELLS


 


	
  EPC Well No.

  	
   

  	
  EPC Well Name

  	
   

  	
  API Well No.

  	
   

  	
  State

  	
   

  	
  County

  	
   

  
	
  142571

  	
   

  	
  Lon B. Rogers Unit 35

  	
   

  	
  45-027-22535-00

  	
   

  	
  VA

  	
   

  	
  Buchanan

  	
   

  
	
  143761

  	
   

  	
  Jewell 2

  	
   

  	
  45-027-20937-00

  	
   

  	
  VA

  	
   

  	
  Buchanan

  	
   

  



 


TRANSFER
FACILITIES


 


	
  EPC Facility No.

  	
   

  	
  Description

  	
   

  	
   

  	
   

  	
  State

  	
   

  	
  County

  	
   

  
	
  P-143 T-1 & T-2 Transfer
  Facilities

  	
   

  	
  Unloading
  and storage facilities, with pump house, together with associated pipelines
  to injection facility located at Well P-143 SWD.

  	
   

  	
   

  	
   

  	
  VA

  	
   

  	
  Dickenson

  	
   

  



 


1

















 


EXHIBIT A-3


 


EQUIPMENT, MACHINERY, FIXTURES AND OTHER TANGIBLE 

PERSONAL PROPERTY AND IMPROVEMENTS


 


	
  1.

  	
   

  	
  Vehicles

  
	
  2.

  	
   

  	
  Warehouses

  
	
  3.

  	
   

  	
  Offices and contents other
  than the Assets

  



 

















 


EXHIBIT A-4 

EXCLUDED ASSETS


 


WELLS AND
ASSOCIATED FLOW/GATHERING LINES


 


	
  EPC Well No.

  	
   

  	
  EPC Well Name

  	
   

  	
  API Well No.

  	
   

  	
  State

  	
   

  	
  County

  	
   

  
	
  702627

  	
   

  	
  VCP2627 - Horn, Lucinda 462

  	
   

  	
  45-195-22155-00

  	
   

  	
  VA

  	
   

  	
  Wise

  	
   

  
	
  702838

  	
   

  	
  VCP2838 - Addington, Joseph 480

  	
   

  	
  45-195-22333-00

  	
   

  	
  VA

  	
   

  	
  Wise

  	
   

  
	
  702839

  	
   

  	
  VD2839 - Chase, J. T. 621

  	
   

  	
  45-195-23298-00

  	
   

  	
  VA

  	
   

  	
  Wise

  	
   

  
	
  703576

  	
   

  	
  V3576 - Addington, J. H. 567

  	
   

  	
  45-195-23137-00

  	
   

  	
  VA

  	
   

  	
  Wise

  	
   

  
	
  703804

  	
   

  	
  VD3804 - Addington, J. H. 668

  	
   

  	
  45-195-23742-00

  	
   

  	
  VA

  	
   

  	
  Wise

  	
   

  
	
  790133
  (a/k/a 703804)

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  790135 (a/k/a
  702839)

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


OTHER


 


RF-11


Dickenson #4 Tap


 


1

















 


EXHIBIT A-5 


 


DELINQUENT LIENS FOR CURRENT TAXES OR ASSESSMENTS


 


Equitable Production Company
(EPC) has filed administrative refund claims for tax years 2003 through 2005 in
Wise County, Virginia, for property taxes on gathering assets. EPC has not
received a formal response on its claim from Wise County; however, EPC filed an
Application for Correction of Erroneous Assessment of Property Tax for such
matter in the Circuit Court of Wise County on March 1, 2007.


 


In connection with the
claims above, Equitable Gathering Equity, LLC (EGEL) has also contested in good
faith the assessment for 2006 and has only remitted the portion of tax assessed
by Wise County that it believes it owes under the statute. EGEL disagrees with
the assessments for years 2006 – present and will request a refund through
administrative or other legal means within the statutory time limitation
period.


 

















 


EXHIBIT A-6 


 


DELINQUENT LIENS ARISING IN THE ORDINARY COURSE OF BUSINESS


 


None


 

















 


EXHIBIT
B


 


FORM OF
CONVEYANCE


 


[Attached
behind this page.]


 
















 


EXHIBIT
“B”


 


TO
CONTRIBUTION AGREEMENT


 


BETWEEN


 


EQUITABLE
PRODUCTION COMPANY 




EQUITABLE
GATHERING EQUITY, LLC 




PINE
MOUNTAIN OIL AND GAS, INC. 




AND


 


NORA
GATHERING, LLC


 


CONVEYANCE,
ASSIGNMENT AND BILL OF SALE


 


COMMONWEALTH
OF
VIRGINIA                                                   §


 


COUNTIES
OF                                                                §


 


THIS
CONVEYANCE, ASSIGNMENT AND BILL OF SALE (this “Assignment”) dated as of                      ,
2007, but effective as of 12:01 a.m. local time where the Assets are located on
June 1, 2006 (the “Effective Time”), is from Equitable Production
Company, a corporation organized under the laws of the Commonwealth of
Pennsylvania (“EPC”), Equitable Gathering Equity, LLC, a limited
liability company organized under the laws of Delaware (“EGEL”, and,
collectively with EPC, “Assignor”), to Nora Gathering, LLC, a limited
liability company organized under the laws of Delaware (“Assignee”). Assignor
and Assignee are sometimes referred to collectively as the “Parties” and
individually as a “Party.” All capitalized terms used but not otherwise
defined herein shall have the meanings given such terms in that certain
Contribution Agreement between EPC, EGEL, Pine Mountain Oil and Gas, Inc.,
a Virginia corporation (“PMOG”), and Assignee, dated as of
                       ,
2007 (the “Contribution Agreement”).


 


For Ten and
No/100 Dollars (US$10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the Parties hereby
agree as follows:


 


Assignor
hereby GRANTS, CONVEYS, ASSIGNS and TRANSFERS to Assignee all of Assignor’s
right, title and interest (real, personal, mixed, contractual or otherwise) in
and to the following (the “Assets”):


 


(a)           the gas gathering system;
facilities, compressors, pipelines, pig and other  stations and Easements described on Exhibit A-1
attached hereto (the “Gathering Assets”);


 


(b)           all presently
existing contracts, agreements and instruments by which the Assets are bound or
subject, including operating agreements, pipeline agreements,


 


1

















 


declarations
and orders, exchange agreements, and transportation agreements, but excluding
any contract, agreement or instrument to the extent that (1) transfer is
restricted by third-party agreement or applicable Law, (2) Assignor is
unable to obtain, using commercially reasonable efforts, a waiver of, or
otherwise satisfy, such transfer restriction (provided that Assignor shall not
be required to provide consideration or undertake obligations to or for the
benefit of the holders of such rights in order to obtain any necessary consent
or waiver), and (3) the failure to obtain such waiver or satisfy such
transfer restriction would cause a termination of such contract, agreement or
instrument or a material impairment of the rights thereunder (subject to such
exclusions, the “Contracts”);


 


(c)           all easements,
permits, licenses, servitudes, rights-of-way, surface leases and other surface
rights appurtenant to, and used or held for use primarily in connection with,
the Gathering Assets or other Assets (the “Easements”), including those
Easements described on Exhibit A-1, but excluding any of the foregoing to
the extent that (1) transfer is restricted by third-party agreement or
applicable Law, (2) Assignor is unable to obtain, using commercially
reasonable efforts, a waiver of, or otherwise satisfy, such transfer
restriction (provided that Assignor shall not be required to provide
consideration or undertake obligations to or for the benefit of the holders of
such rights in order to obtain any necessary consent or waiver), and (3) the
failure to obtain such waiver or satisfy such transfer restriction would cause
a termination of such permit or other instrument or a material impairment of
the rights thereunder;


 


(d)           all gathering lines,
pipelines, compressors, equipment, machinery, fixtures and other tangible
personal property and improvements used or held for use primarily in connection
with the ownership or operation of the Gathering Assets or other Assets, but
excluding any such items included in the Excluded Assets; and


 


(e)           the Records.


 


Notwithstanding
anything to the contrary contained herein; the Assets shall not include, and the
following are excepted, reserved and excluded from the transactions
contemplated hereby (collectively, the “Excluded Assets”):


 


(a)           all water disposal
wells, and any transfer facility, loadout facility or other facility associated
with such water disposal wells, primarily used in connection with the disposal
of produced water derived from or otherwise attributable to any of the wells
that produce gas transported through the Gathering Assets, including those
water disposal wells and associated facilities described on Exhibit A-2
attached hereto;


 


(b)           all corporate,
financial, income and franchise tax and legal records of Assignor that relate
to Assignor’s business generally (other than those relating primarily to the
Assets), and all books, records and files that relate to the Excluded Assets
and copies of any Records retained by Assignor;


 


(c)           (i) equipment,
machinery, fixtures and other tangible property and improvements described on Exhibit A-3
attached hereto; (ii) computers and peripheral


 


2

















 


equipment
related to such equipment; (iii) communication and telecommunication
equipment including but not limited to radios, towers, and networking
equipment; (iv) custom applications and databases; (v) measurement
and data collection devices; and (vi) software and associated licenses,
including but not limited to any software relating to the SCADA System,
Enertia, Altra, Flow-Cal, Talon, Aries, Production Access, Pre-drill Manager,
Geographix, Synergy, and CygNet;


 


(d)           all rights and all
obligations of Assignor with respect to any refund or payment of Taxes or other
costs or expenses borne by Assignor or Assignor’s predecessors in interest and
title attributable to the Assets and the period prior to the Effective Time;


 


(e)           all rights and all
obligations of Assignor with respect to the claims and causes of action
relating to the Assets that accrued or arose prior to the Effective Time (other
than claims or causes of action for proceeds to which Assignee is entitled
under Section 1.5 (b) of the Contribution Agreement);


 


(f)            Assignor’s
area-wide bonds, permits and licenses (including all Federal Communications
Commission licenses) or other permits, licenses or authorizations used in the
conduct of Assignor’s business generally and not exclusively related to the
Gathering Assets; and


 


(g)           those other assets
and interests identified on Exhibit A-4 attached hereto.


 


Assignor
warrants title to the Assets from and against the claims and demands of all
persons claiming by, through or under Assignor and its Affiliates, but not
otherwise, subject to the Permitted Encumbrances. This Assignment shall
transfer to Assignee all rights or actions on title warranties given or made by
Assignor’s predecessors (other than its Affiliates) to the extent that such title
warranties pertain to the Assets and Assignor may legally transfer such rights.


 


EXCEPT AS EXPRESSLY SET FORTH IN THE PRECEDING PARAGRAPH AND IN THE
CONTRIBUTION AGREEMENT, THE ASSETS ARE CONVEYED TO ASSIGNEE “AS IS, WHERE IS”
AND WITH ALL FAULTS, AND, EXCEPT AS EXPRESSLY PROVIDED IN THE CONTRIBUTION
AGREEMENT OR IN THIS ASSIGNMENT, ASSIGNOR MAKES NO, AND EXPRESSLY DISCLAIMS AND
NEGATES ANY, REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY REPRESENTATION OR WARRANTY AS TO:
(a) MERCHANTABILITY OF THE ASSETS, (b) FITNESS OF THE ASSETS FOR ANY
PARTICULAR PURPOSE, (c) CONDITION OF THE ASSETS, (d) CONFORMITY OF
THE ASSETS TO MODELS OR SAMPLES OF MATERIALS (e) TITLE TO THE ASSETS OR
(f) THE PHYSICAL AND ENVIRONMENTAL CONDITION OF THE PROPERTIES UPON WHICH
THEY ARE LOCATED.


 


TO HAVE AND TO
HOLD the Assets subject to the following terms and conditions:


 


1.             Permitted Encumbrances.
The Assets are assigned by Assignor subject to all Permitted Encumbrances.


 


3

















 


2.             Compliance with Laws. This
Assignment is made subject to all applicable laws, statutes, ordinances,
permits, decrees, orders, judgments, rules and regulations that are
promulgated, issued or enacted by a governmental entity having jurisdiction.


 


3.             Assumption of Obligations. Assignee
assumes and agrees to perform and be bound by all of the terms, covenants,
conditions, obligations and liabilities of Assignor as to the Assets and
interest herein assigned accruing on or after the date hereof, and, from and
after the date hereof, Assignee accepts and agrees to perform and be bound by
all of the terms, covenants, conditions, obligations and liabilities of
Assignor under the Contracts or with respect to the interest assigned hereby in
other agreements, (in each case) to the extent accruing on or after the date
hereof and to the extent required in such Contracts or other agreements.


 


4.             Successors and Assigns. The
terms, covenants and conditions contained in this Assignment are binding upon
and inure to the benefit of the Parties and their respective successors and
assigns, and such terms, covenants and conditions are covenants running with
the land and with each subsequent transfer or assignment of the Assets or any
part thereof.


 


5.             Contribution Agreement. This
Assignment is made in accordance with and is subject to the terms, covenants
and conditions contained in the Contribution Agreement. The terms, covenants
and conditions of the Contribution Agreement are incorporated herein by reference.
If there is a conflict between the provisions of the Contribution Agreement and
this Assignment, the provisions of the Contribution Agreement shall control.


 


6.             Further Assurances. After
the date of this Assignment, the Parties shall, without further consideration,
use reasonable good faith efforts to execute, deliver, and record or cause to
be executed, delivered, and recorded such instruments of conveyance and
transfer, and take such other actions as may be reasonably required to
effectively vest in Assignee beneficial and record title to the Assets.


 


7.             Choice of Law. This Assignment and the legal relations between the
Parties shall be governed by and construed in accordance with the laws of the
Commonwealth of Virginia without regard to principles of conflicts of laws that
would direct the application of the laws of another jurisdiction.


 


8.             Covenant. Assignor
and Assignee acknowledge that the Assets are being conveyed and assigned to use
for the transportation of certain gas and other Hydrocarbons of EPC and/or PMOG
and their respective Affiliates in accordance with the priorities set forth in Section 2.12
of that certain Amended and Restated Limited Liability Company Agreement of
even date herewith among EGEL, PMOG and Assignee.


 


9.             Recorded Counterparts. A
counterpart original of this Assignment shall be filed for record in Buchanan,
Dickenson, Wise and Russell Counties, Virginia.


 


[signature page follows]


 


4

















 


EXECUTED on the day and year first referenced above, but effective as
of the Effective Time.


 


	
  ASSIGNOR

  	
   

  	
  ASSIGNEE

  
	
   

  	
   

  	
   

  
	
  EQUITABLE
  PRODUCTION COMPANY

  	
   

  	
  NORA
  GATHERING, LLC

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  By:

  	
   

  	
   

  	
  By:

  	
   

  
	
  Name:

  	
   

  	
   

  	
  Name:

  	
   

  
	
  Title:

  	
   

  	
   

  	
  Title:

  	
   

  



 


	
  EQUITABLE
  GATHERING EQUITY, LLC

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  By:

  	
   

  	
   

  	
   

  	
   

  
	
  Name:

  	
   

  	
   

  	
   

  	
   

  
	
  Title:

  	
   

  	
   

  	
   

  	
   

  



 


 


SIGNATURE PAGE TO CONVEYANCE, ASSIGNMENT AND BILL OF SALE


 

















 


EXHIBIT
“B”


 


TO CONTRIBUTION AGREEMENT


 


BETWEEN


 


EQUITABLE PRODUCTION COMPANY 


 


EQUITABLE GATHERING EQUITY, LLC 


 


PINE MOUNTAIN OIL AND GAS, INC. 


 


AND


 


NORA GATHERING, LLC


 


CONVEYANCE,
ASSIGNMENT AND BILL OF SALE


 


COMMONWEALTH
OF
VIRGINIA                                               §


 


COUNTIES
OF                                                   §


 


THIS
CONVEYANCE, ASSIGNMENT AND BILL OF SALE (this “Assignment”)
dated as of                    ,
2007, but effective as of 12: 01 a. m. local time where the Assets are located
on June 1, 2006 (the “Effective
Time”), is from Pine Mountain Oil and Gas, Inc., a corporation
organized under the laws of the Commonwealth of Virginia (“Assignor”), to Nora Gathering,
LLC, a limited liability company organized under the laws of Delaware (“Assignee”).  Assignor
and Assignee are sometimes referred to collectively as the “Parties” and individually as a
“Party.” All capitalized
terms used but not otherwise defined herein shall have the meanings given such
terms in that certain Contribution Agreement between Equitable Production
Company, a Pennsylvania corporation, Equitable Gathering Equity, LLC, a
Delaware limited liability company, Assignor and Assignee, dated as of
                   ,
2007 (the “Contribution Agreement”).


 


For Ten and
No/100 Dollars (US$10.00) and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the Parties hereby
agree as follows:


 


Assignor
hereby GRANTS, CONVEYS, ASSIGNS and TRANSFERS to Assignee all of Assignor’s
right, title and interest (real, personal, mixed, contractual or otherwise) in
and to the following (the “Assets”):


 


(a)           the gas gathering
system, facilities, compressors, pipelines, pig and other stations and
Easements described on Exhibit A-1 attached hereto (the “Gathering
Assets”);


 


(b)           all presently
existing contracts, agreements and instruments by which the Assets are bound or
subject, including operating agreements, pipeline agreements, declarations and
orders, exchange agreements, and transportation agreements, but


 


1

















 


excluding any
contract, agreement or instrument to the extent that (1) transfer is
restricted by third-party agreement or applicable Law, (2) Assignor is
unable to obtain, using commercially reasonable efforts, a waiver of, or
otherwise satisfy, such transfer restriction (provided that Assignor shall not
be required to provide consideration or undertake obligations to or for the
benefit of the holders of such rights in order to obtain any necessary consent
or waiver), and (3) the failure to obtain such waiver or satisfy such
transfer restriction would cause a termination of such contract, agreement or
instrument or a material impairment of the rights thereunder (subject to such
exclusions, the “Contracts”);


 


(c)           all easements,
permits, licenses, servitudes, rights-of-way, surface leases and other surface
rights appurtenant to, and used or held for use primarily in connection with,
the Gathering Assets or other Assets (the “Easements”),  including
those Easements described on Exhibit A-1, but excluding any of the
foregoing to the extent that (1) transfer is restricted by third-party
agreement or applicable Law, (2) Assignor is unable to obtain, using
commercially reasonable efforts, a waiver of, or otherwise satisfy, such
transfer restriction (provided that Assignor shall not be required to provide
consideration or undertake obligations to or for the benefit of the holders of
such rights in order to obtain any necessary consent or waiver), and (3) the
failure to obtain such waiver or satisfy such transfer restriction would cause
a termination of such permit or other instrument or a material impairment of
the rights thereunder;


 


(d)           all gathering lines,
pipelines, compressors, equipment, machinery, fixtures and other tangible
personal property and improvements used or held for use primarily in connection
with the ownership or operation of the Gathering Assets or other Assets, but
excluding any such items included in the Excluded Assets; and


 


(e)           the Records.


 


Notwithstanding
anything to the contrary contained herein, the Assets shall not include, and
the following are excepted, reserved and excluded from the transactions
contemplated hereby (collectively, the “Excluded Assets”):


 


(a)           all water disposal
wells, and any transfer facility, loadout facility or other facility associated
with such water disposal wells, primarily used in connection with the disposal
of produced water derived from or otherwise attributable to any of the wells
that produce gas transported through the Gathering Assets, including those
water disposal wells and associated facilities described on Exhibit A-2
attached hereto;


 


(b)           all corporate, financial,
income and franchise tax and legal records of Assignor that relate to
Assignor’s business generally (other than those relating primarily to the
Assets), and all books, records and files that relate to the Excluded Assets
and copies of any Records retained by Assignor;


 


(c)           (i) equipment,
machinery, fixtures and other tangible property and improvements described on Exhibit A-3
attached hereto; (ii) computers and peripheral equipment related to such
equipment; (iii) communication and telecommunication


 


2

















 


equipment including but not
limited to radios, towers, and networking equipment; (iv) custom
applications and databases; (v) measurement and data collection devices;
and (vi) software and associated licenses, including but not limited to
any software relating to the SCADA System, Enertia, Altra, Flow-Cal, Talon,
Aries, Production Access, Pre-drill Manager, Geographix, Synergy, and CygNet;


 


(d)           all rights and all obligations of
Assignor with respect to any refund or payment of Taxes or other costs or
expenses borne by Assignor or Assignor’s predecessors in interest and title
attributable to the Assets and the period prior to the Effective Time;


 


(e)           all rights and all
obligations of Assignor with respect to the claims and causes of action
relating to the Assets that accrued or arose prior to the Effective Time (other
than claims or causes of action for proceeds to which Assignee is entitled
under Section 1.5(b) of the Contribution Agreement);


 


(f)            Assignor’s area-wide
bonds, permits and licenses (including all Federal Communications Commission
licenses) or other permits, licenses or authorizations used in the conduct of
Assignor’s business generally and not exclusively related to the Gathering
Assets;


 


(g)           those other assets
and interests identified on Exhibit A-4 attached hereto; and


 


(h)           all of Assignor’s
rights and interests under that certain Easement Agreement of even date
herewith between Assignor and Assignee and any interest of Assignor in and to
the mineral estate and associated interests in the lands covered by such
Easement Agreement.


 


Assignor warrants title to
the Assets from and against the claims and demands of all persons claiming by,
through or under Assignor and its Affiliates, but not otherwise, subject to the
Permitted Encumbrances. This Assignment shall transfer to Assignee all rights
or actions on title warranties given or made by Assignor’s predecessors (other
than its Affiliates) to the extent that such title warranties pertain to the
Assets and Assignor may legally transfer such rights.


 


EXCEPT
AS EXPRESSLY SET FORTH IN THE PRECEDING PARAGRAPH AND IN THE CONTRIBUTION
AGREEMENT, THE ASSETS ARE CONVEYED TO ASSIGNEE “AS IS, WHERE IS” AND WITH ALL
FAULTS, AND, EXCEPT AS EXPRESSLY PROVIDED IN THE CONTRIBUTION AGREEMENT OR IN
THIS ASSIGNMENT, ASSIGNOR MAKES NO, AND EXPRESSLY DISCLAIMS AND NEGATES ANY,
REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT
LIMITATION ANY REPRESENTATION OR WARRANTY AS TO: (a) MERCHANTABILITY OF
THE ASSETS, (b) FITNESS OF THE ASSETS FOR ANY PARTICULAR PURPOSE,
(c) CONDITION OF THE ASSETS, (d) CONFORMITY OF THE ASSETS TO MODELS
OR SAMPLES OF MATERIALS (e) TITLE TO THE ASSETS OR (f) THE PHYSICAL
AND ENVIRONMENTAL CONDITION OF THE PROPERTIES UPON WHICH THEY ARE LOCATED.


 


3
















 


TO HAVE AND TO HOLD the
Assets subject to the following terms and conditions:


 


1.                                      Permitted Encumbrances. The Assets are assigned by Assignor subject
to all Permitted Encumbrances.


 


2.                                      Compliance with Laws. This Assignment is made subject to all
applicable laws, statutes, ordinances, permits, decrees, orders, judgments, rules and
regulations that are promulgated, issued or enacted by a governmental entity
having jurisdiction.


 


3.                                      Assumption of Obligations. Assignee assumes and agrees to perform and be
bound by all of the terms, covenants, conditions, obligations and liabilities
of Assignor as to the Assets and interest herein assigned accruing on or after
the date hereof, and, from and after the date hereof, Assignee accepts and
agrees to perform and be bound by all of the terms, covenants, conditions,
obligations and liabilities of Assignor under the Contracts or with respect to
the interest assigned hereby in other agreements, (in each case) to the extent
accruing on or after the date hereof and to the extent required in such
Contracts or other agreements.


 


4.                                      Successors and Assigns. The terms, covenants and conditions contained
in this Assignment are binding upon and inure to the benefit of the Parties and
their respective successors and assigns, and such terms, covenants and
conditions are covenants running with the land and with each subsequent
transfer or assignment of the Assets or any part thereof.


 


5.                                      Contribution Agreement. This Assignment is made in accordance with
and is subject to the terms, covenants and conditions contained in the
Contribution Agreement. The terms, covenants and conditions of the Contribution
Agreement are incorporated herein by reference. If there is a conflict between
the provisions of the Contribution Agreement and this Assignment, the
provisions of the Contribution Agreement shall control.


 


6.                                      Further Assurances. After the date of this Assignment, the
Parties shall, without further consideration, use reasonable good faith efforts
to execute, deliver, and record or cause to be executed, delivered, and
recorded such instruments of conveyance and transfer, and take such other
actions as may be reasonably required to effectively vest in Assignee
beneficial and record title to the Assets.


 


7.                                      Choice of Law. This Assignment and the legal relations
between the Parties shall be governed by and construed in accordance with the
laws of the Commonwealth of Virginia without regard to principles of conflicts
of laws that would direct the application of the laws of another jurisdiction.


 


8.                                      Covenant. Assignor and Assignee acknowledge that the
Assets are being conveyed and assigned to use for the transportation of certain
gas and other Hydrocarbons of EPC and/or PMOG and their respective Affiliates
in accordance with the priorities set forth in Section 2.12 of that
certain Amended and Restated Limited Liability Company Agreement of even date
herewith among EGEL, PMOG and Assignee.


 


9.                                      Recorded Counterparts. A counterpart original of this Assignment
shall be filed for record in Buchanan, Dickenson, Wise and Russell Counties,
Virginia.


 


[signature page follows]


 


4

















 


EXECUTED on
the day and year first referenced above, but effective as of the Effective
Time.


 


	
  ASSIGNOR

  	
   

  	
  ASSIGNEE

  
	
   

  	
   

  	
   

  
	
  PINE
  MOUNTAIN OIL AND GAS, INC.

  	
   

  	
  NORA
  GATHERING LLC

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  By:

  	
   

  	
   

  	
  By:

  	
   

  
	
  Name:

  	
   

  	
   

  	
  Name:

  	
   

  
	
  Title:

  	
   

  	
   

  	
  Title:

  	
   

  



 


 


SIGNATURE
PAGE TO CONVEYANCE, ASSIGNMENT AND BILL OF SALE


 

















 


	
  STATE OF
  PENNSYLVANIA

  	
   

  	
  §

  
	
   

  	
   

  	
  §

  
	
  COUNTY
  OF

  	
   

  	
  §

  



 


Subscribed,
sworn to and acknowledged before me on this           day
of            , 2007, by           ,
to me personally known, who, being by me duly sworn, did say that he is           of
Pine Mountain Oil and Gas, Inc., and that said instrument was signed on
behalf of said corporation.


 


Given under my
hand and seal this           day
of           , 2007.


 


	
  My
  Commission Expires:

  	
   

  	
   

  
	
   

  	
   

  	
  Notary
  Public, State of Pennsylvania

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Name (Typed
  or Printed)

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Notary’s
  Identification Number

  



 


	
  STATE OF
  PENNSYLVANIA

  	
   

  	
  §

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  §

  
	
  COUNTY
  OF

  	
   

  	
  §

  



 


Subscribed,
sworn to and acknowledged before me on this           day
of            , 2007, by           ,
to me personally known, who, being by me duly sworn, did say that he is           of
Nora Gathering, LLC, and that said instrument was signed on behalf of said corporation.


 


Given under my
hand and seal this           day
of           , 2007.


 


	
  My
  Commission Expires:

  	
   

  	
   

  
	
   

  	
   

  	
  Notary
  Public, State of Pennsylvania

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Name (Typed
  or Printed)

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  Notary’s
  Identification Number

  



 


Attachments


 


Exhibits A-1, A-2, A-3 and A-4


 


ACKNOWLEDGEMENT
PAGE TO CONVEYANCE, ASSIGNMENT AND BILL OF SALE


 

















 


EXHIBIT
C


 


FORM OF
AMENDED AND RESTATED LIMITED


LIABILITY
COMPANY AGREEMENT OF COMPANY


 


[Attached
behind this page.]


 
















 


AMENDED
AND RESTATED


 


LIMITED
LIABILITY COMPANY AGREEMENT


 


 


of


 


 


NORA
GATHERING, LLC


 


Effective
as of               ,
2007


 

















 


TABLE
OF CONTENTS


 


	
   

  	
   

  	
   

  	
  Page

  
	
  Article 1 DEFINITIONS
  AND INTERPRETATION

  	
  2

  
	
  Section 1.1

  	
  Definitions and
  Interpretation

  	
  2

  
	
   

  	
   

  	
   

  
	
  Article 2
  ORGANIZATION AND MEMBERSHIP INTERESTS

  	
  2

  
	
  Section 2.1

  	
  Formation

  	
  2

  
	
  Section 2.2

  	
  Name

  	
  2

  
	
  Section 2.3

  	
  Registered Office;
  Registered Agent; Principal Office

  	
  2

  
	
  Section 2.4

  	
  Purpose of the Company

  	
  2

  
	
  Section 2.5

  	
  Foreign Qualification

  	
  2

  
	
  Section 2.6

  	
  Term

  	
  3

  
	
  Section 2.7

  	
  Title to Property;
  Contracts

  	
  3

  
	
  Section 2.8

  	
  No Partnership

  	
  3

  
	
  Section 2.9

  	
  Membership Interests

  	
  3

  
	
  Section 2.10

  	
  Transactions With Members

  	
  3

  
	
  Section 2.11

  	
  Right of Competition

  	
  3

  
	
  Section 2.12

  	
  Gathering Agreements and
  Priority

  	
  5

  
	
   

  	
   

  	
   

  
	
  Article 3 MANAGEMENT

  	
  6

  
	
  Section 3.1

  	
  Management

  	
  6

  
	
  Section 3.2

  	
  Operating Member

  	
  8

  
	
  Section 3.3

  	
  Restrictions on Operating
  Member’s Power and Authority

  	
  13

  
	
  Section 3.4

  	
  Annual Budget

  	
  16

  
	
  Section 3.5

  	
  Connecting Pipelines and
  Facilities

  	
  19

  
	
  Section 3.6

  	
  Segmentation of Pipelines
  and Facilities

  	
  21

  
	
  Section 3.7

  	
  Notice of Tie-In

  	
  22

  
	
  Section 3.8

  	
  PUHCA Covenant

  	
  22

  
	
  Section 3.9

  	
  Gathering Agreement and
  Interconnect Agreement

  	
  22

  
	
   

  	
   

  	
   

  
	
  Article 4 CAPITAL
  CONTRIBUTIONS; DISTRIBUTIONS

  	
  22

  
	
  Section 4.1

  	
  Initial Capital
  Contributions

  	
  22

  
	
  Section 4.2

  	
  Additional Contributions

  	
  22

  
	
  Section 4.3

  	
  Allocation of Profits and
  Losses

  	
  23

  
	
  Section 4.4

  	
  Distributions

  	
  23

  
	
  Section 4.5

  	
  Return of Capital
  Contributions

  	
  23

  
	
   

  	
   

  	
   

  
	
  Article 5 BOOKS AND
  RECORDS

  	
  23

  
	
  Section 5.1

  	
  Books and Records

  	
  23

  
	
   

  	
   

  	
   

  
	
  Article 6 TRANSFERS AND
  ASSIGNMENTS

  	
  24

  
	
  Section 6.1

  	
  Restriction on Transfers
  of Membership Interests

  	
  24

  



 


i

















 


	
  Section 6.2

  	
  Transfers of Membership
  Interests; Admission as Member

  	
  24

  
	
  Section 6.3

  	
  Transfers to Affiliates;
  Prohibition Against Encumbrances

  	
  25

  
	
  Section 6.4

  	
  General Provisions
  Relating to Transfer of Membership Interests

  	
  26

  
	
  Section 6.5

  	
  Right of First Refusal

  	
  26

  
	
  Section 6.6

  	
  Specific Performance

  	
  29

  
	
  Section 6.7

  	
  Additional Restrictions on
  Transfers

  	
  29

  
	
   

  	
   

  	
   

  
	
  Article 7 FUNDING
  DEFAULT AND REMEDIES

  	
  30

  
	
  Section 7.1

  	
  Funding Default; Remedies

  	
  30

  
	
  Section 7.2

  	
  Member Advances upon
  Funding Default

  	
  31

  
	
  Section 7.3

  	
  Consequences of Funding
  Default; Redirected Distributions Upon a Funding Default

  	
  32

  
	
  Section 7.4

  	
  Cross-Default

  	
  33

  
	
   

  	
   

  	
   

  
	
  Article 8
  TERMINATION; WITHDRAWAL

  	
  33

  
	
  Section 8.1

  	
  Dissolution

  	
  33

  
	
  Section 8.2

  	
  Winding-Up and Termination

  	
  33

  
	
  Section 8.3

  	
  Certificate of
  Cancellation

  	
  34

  
	
  Section 8.4

  	
  Deemed Withdrawal

  	
  34

  
	
   

  	
   

  	
   

  
	
  Article 9 TAX MATTERS

  	
  35

  
	
  Section 9.1

  	
  Tax Partnership

  	
  35

  
	
  Section 9.2

  	
  Capital Accounts

  	
  36

  
	
  Section 9.3

  	
  Regulatory Allocations

  	
  36

  
	
  Section 9.4

  	
  Allocations for Income Tax
  Purposes

  	
  38

  
	
  Section 9.5

  	
  Other Allocations
  Provisions

  	
  39

  
	
  Section 9.6

  	
  Tax Returns

  	
  39

  
	
  Section 9.7

  	
  Tax Elections

  	
  40

  
	
  Section 9.8

  	
  Tax Matters Member

  	
  40

  
	
  Section 9.9

  	
  Tax Withholding

  	
  41

  
	
   

  	
   

  	
   

  
	
  Article 10
  CONFIDENTIALITY AND INTELLECTUAL PROPERTY

  	
  41

  
	
  Section 10.1

  	
  Confidential Information

  	
  41

  
	
  Section 10.2

  	
  Confidentiality
  Obligations

  	
  42

  
	
  Section 10.3

  	
  Notice Preceding Compelled
  Disclosure

  	
  42

  
	
  Section 10.4

  	
  Consultation as to
  Announcements

  	
  42

  
	
  Section 10.5

  	
  Specific Performance

  	
  43

  
	
  Section 10.6

  	
  Proprietary Technology

  	
  43

  
	
  Section 10.7

  	
  Continuing Obligation

  	
  43

  
	
   

  	
   

  	
   

  
	
  Article 11
  MISCELLANEOUS

  	
  44

  
	
  Section 11.1

  	
  Governing Law

  	
  44

  
	
  Section 11.2

  	
  Notices

  	
  44

  
	
  Section 11.3

  	
  Amicable Resolution of
  Disputes

  	
  44

  
	
  Section 11.4

  	
  Entire Agreement

  	
  44

  
	
  Section 11.5

  	
  Severability

  	
  45

  



 


ii

















 


	
  Section 11.6

  	
  No Third-Party
  Beneficiaries

  	
  45

  
	
  Section 11.7

  	
  Amendments and Waivers

  	
  45

  
	
  Section 11.8

  	
  Expenses of the Members;
  Taxes

  	
  45

  
	
  Section 11.9

  	
  No Right of Set-Off

  	
  45

  
	
  Section 11.10

  	
  Relationship of the
  Members

  	
  45

  
	
  Section 11.11

  	
  Disclaimer of Fiduciary
  Duties

  	
  46

  
	
  Section 11.12

  	
  No Partition

  	
  46

  
	
  Section 11.13

  	
  Remedies Cumulative

  	
  46

  
	
  Section 11.14
  

  	
  Counterparts

  	
  46

  
	
  Section 11.15

  	
  Joint Defense

  	
  46

  



 


	
  Exhibit A

  	
  -

  	
  Definitions and
  Interpretation

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Exhibit B

  	
  -

  	
  Certificate of Formation

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Exhibit C

  	
  -

  	
  Schedule of Ownership

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Exhibit D

  	
  -

  	
  Form of Gas Gathering
  Agreement for Members and Affiliates

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Exhibit E

  	
  -

  	
  Approved Annual Budget for
  Fiscal Year 2007

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Exhibit F

  	
  -

  	
  Nora-T Line

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Exhibit G

  	
  -

  	
  Form of Non-Member
  Interconnect Agreement

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Exhibit H

  	
  -

  	
  Form of Member
  Interconnect Agreement

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Exhibit I

  	
  -

  	
  Operating Member Cost
  Reimbursement

  	
   

  



 


iii

















 


AMENDED
AND RESTATED


 


LIMITED
LIABILITY COMPANY AGREEMENT


 


OF


 


NORA
GATHERING, LLC


 


THIS AMENDED AND RESTATED
LIMITED LIABILITY COMPANY AGREEMENT (this “Agreement”) OF NORA GATHERING, LLC
(the “Company”), effective as of                     ,
2007, is adopted, executed and agreed by the Members (as defined in Exhibit C,
as amended from time to time) and the Company.


 


WHEREAS, Equitable Gathering
Equity, LLC, a Delaware limited liability company (“EGEL”), formed the Company
as a limited liability company under the laws of the State of Delaware on April   ,
2007, as its sole member, and in connection therewith executed a limited
liability company agreement of the Company, dated as of April   ,
2007 (the “Original LLC Agreement”);


 


WHEREAS, prior to the
consummation of the transactions in the next recital, the Company had no assets
or liabilities;


 


WHEREAS, Equitable
Production Company, a Pennsylvania corporation (“EPC”), EGEL, Pine Mountain Oil
and Gas, Inc., a Virginia corporation (“PMOG”), and the Company entered
into that certain Contribution Agreement, dated as of April         ,
2007 (the “Contribution Agreement”), whereby EPC and EGEL contributed all of
their right, title and interest in and to that certain natural gas pipeline
gathering system and pipeline located in Dickenson, Buchanan, Wise and Russell
Counties, Virginia, commonly known as the Nora gas gathering system and the
Nora-T pipeline, used in the gathering of natural gas and as further described
therein (such system and pipeline, together with related assets contributed to
the Company, the “Gathering Assets”) to the Company, and PMOG contributed a
specified amount of cash and its interest (if any) in certain assets related to
the Gathering Assets to the Company on the terms and conditions set forth
therein (in each case) in exchange for Membership Interests in the Company; and


 


WHEREAS, the Members now
desire to enter into this Agreement to establish their relative rights and
obligations with respect to the Company.


 


NOW, THEREFORE, in
consideration of the premises and mutual covenants contained herein and for
other good and valuable consideration (the receipt and sufficiency of which are
hereby acknowledged), the Members and the Company hereby agree as follows:


 


1

















 


ARTICLE
1


 


DEFINITIONS
AND INTERPRETATION


 


Section 1.1            Definitions
and Interpretation.  Capitalized terms used in this Agreement and
the Exhibits hereto, but not otherwise defined in this Agreement and the
Exhibits hereto shall have the meanings assigned to such terms in Exhibit A.
Exhibit A also sets forth certain rules applicable to the
interpretation of this Agreement.


 


ARTICLE
2


 


ORGANIZATION
AND MEMBERSHIP INTERESTS


 


Section 2.1            Formation. The Company was organized as a Delaware
limited liability company by the filing of a Certificate of Formation (the
“Certificate of Formation”), a copy of which is attached hereto as Exhibit B,
with the Secretary of State of Delaware pursuant to the Act. This Agreement
amends and restates the Original LLC Agreement.


 


Section 2.2            Name. Pursuant to the Certificate of Formation,
the legal name of the Company is “Nora Gathering, LLC” and all Company business
must be conducted in such name or such other names that comply with Applicable
Law as the Management Committee may select from time to time.


 


Section 2.3            Registered
Office; Registered Agent; Principal Office. The registered office of the Company in the
State of Delaware shall be the initial registered office designated in the
Certificate of Formation or such other office (which need not be a place of
business of the Company) as the Management Committee may designate from time to
time in accordance with Applicable Law. The registered agent of the Company in
the State of Delaware shall be the initial registered agent named in the
Certificate of Formation or such other Person or Persons as the Management
Committee may designate from time to time in accordance with Applicable Law.
The principal office of the Company shall be at such place as the Management
Committee may designate, and the Operating Member shall (i) maintain the
Company’s records there or such other place as the Management Committee may
designate from time to time in accordance with Applicable Law and (ii) keep
the street address of such principal office at the registered office of the
Company in the State of Delaware.


 


Section 2.4            Purpose
of the Company. The
purpose of the Company is to own, construct, maintain, manage, operate and
Transfer the Gathering System and to engage in the business of gathering,
compressing, transporting and delivering natural gas and all other necessary
and appropriate activities incidental to the foregoing.


 


Section 2.5            Foreign
Qualification. Prior
to the Company conducting business in any jurisdiction other than the State of
Delaware, the Operating Member shall cause the Company to comply, to the extent
procedures are available and those matters are reasonably within the control of
the Operating Member, with all requirements necessary to qualify the Company as
a foreign limited liability company in that jurisdiction. At the request of the
Operating Member, each Member shall execute, acknowledge, swear to, and deliver
all certificates and other


 


2

















 


instruments conforming with this Agreement
that are necessary or appropriate to qualify, continue and terminate the
Company as a foreign limited liability company in all such jurisdictions in
which the Company may conduct business.


 


Section 2.6            Term.
The existence of the
Company commenced as of the date upon which the Certificate of Formation was
filed in the office of the Secretary of State of the State of Delaware, and the
Company shall continue in existence until it is dissolved in accordance with
the provisions of this Agreement, and to the extent provided under the Act,
until its affairs are wound up and the Company is terminated in accordance with
the provisions of this Agreement and the Act (the “Term”).


 


Section 2.7            Title
to Property; Contracts. The Gathering System owned by the Company shall be owned by the Company
as an entity and no Member shall have any ownership interest in such Gathering
System in its individual name. The Company shall hold title to the Gathering
System in the name of the Company and not in the name of any Member. All
contracts and agreements entered into on behalf of the Company by any Member
(whether or not in such Member’s capacity as the Operating Member) shall be in
the name of the Company and not in the name of such Member.


 


Section 2.8            No
Partnership. The
Members intend that the Company not be a partnership (including a limited
partnership) or joint venture, and that no Member be a partner or joint
venturer of any other Member, for any purposes other than United States federal
and state tax purposes, and this Agreement shall not be construed to suggest
otherwise.


 


Section 2.9            Membership
Interests. The
names, addresses and relative Membership Interests of the Members are as set
forth on Exhibit C attached hereto. If and when the Company issues
additional Membership Interests or a Member Transfers all or a portion of its
Membership Interest pursuant to, and in accordance with, the terms and
conditions of this Agreement, then upon such issuance or Transfer, as applicable,
the Operating Member shall amend Exhibit C and the records of the
Company, as appropriate, to reflect such issuance or Transfer and deliver to
each Member, within a reasonable time thereafter, a copy of Exhibit C,
as amended.


 


Section 2.10         Transactions
With Members. Nothing
contained in this Agreement shall prohibit the Company from entering into any
transactions or arrangements with any Member or its Affiliates; provided,
however, that, except for the Approved Affiliate Transactions, the Management
Committee shall have approved such transactions or arrangements.


 


Section 2.11         Right of Competition.


 


(a)       The Members hereby
expressly agree that, except as set forth in Section 2.11(b) and Section 3.5(c),
there is no duty or obligation of a Member or its Affiliates to offer to the
Company or its other Members or their Affiliates any particular business
opportunity, project or property which may become available to such Member or
its Affiliates, and to the extent permitted by Applicable Law and subject to
the foregoing, the Members waive any duties or obligations of the other Members
and their Affiliates under Applicable Law to offer to the Company or such
Members or their Affiliates any such business opportunity, project or property.


 


3

















 


(b)      Notwithstanding anything
herein to the contrary, each Member (the “Presenting Member”) agrees that it
shall present, by written notice (the “Construction Notice”) to the Management
Committee and the other Members, any proposed construction of a natural gas
pipeline, separate compression or other facility (the “Proposed Facility”) by
such Presenting Member or its Affiliates within the AMI for the gathering of
gas from any well in the AMI in which any Member (or its Affiliates) owns or
controls a working interest. The Construction Notice must include a description
of the Proposed Facility, the timing of the proposed construction and a
reasonable estimate of (i) the aggregate costs of such proposed
construction and (ii) the natural gas volumes expected to flow through
such Proposed Facility during the next ten (10) year period (which shall
be accompanied by a current reserve report for the area served by the Proposed
Facility). The Company, acting through the Management Committee by the
affirmative vote of the Committee Members (other than the Presenting Member and
its Affiliates) representing more than fifty percent (50%) of the Membership
Interests remaining after excluding the Membership Interests held by the
Presenting Member and its Affiliates, shall have the first right and
opportunity for sixty (60) days from the receipt of the Construction Notice to
elect, by written notice from the Management Committee to the Presenting
Member, to construct, own and operate the Proposed Facility under the terms of
this Agreement as an addition to the Gathering System; provided, that this Section 2.11(b) shall
have no applicability to the Parallel Pipeline described in Section 3.5(d).
If the Company so elects to construct, own and operate the Proposed Facility in
accordance with the previous sentence, then the Members agree that the then
current Approved Annual Budget shall be automatically amended to include the
estimated cost of the Proposed Facility in such Approved Annual Budget. Failure
of the Management Committee to timely deliver the written notice to the
Presenting Member shall be deemed an election by the Company to not construct,
own or operate the Proposed Facility. If the Company does not elect to
construct, own or operate the Proposed Facility pursuant to this Section 2.11(b),
then the Presenting Member may construct, own and operate the Proposed Facility
at its sole cost and expense and connect the Proposed Facility to the Gathering
System pursuant to Section 3.5 hereof or any alternative gathering system.
The Company and the Members hereby acknowledge that, subject to the provisions
of the Operating Agreement, a Member (or its Affiliates) may connect any well
(inside or outside of the AMI) in which such Member (or its Affiliates) owns or
controls a working interest to another gathering system other than the
Gathering System, and such Member shall not be deemed to have breached any of
its obligations to the Company if it decides to do so.


 


(c)       Subject to a Member’s
and any of its Affiliate’s obligations under this Agreement, the Operating
Agreement, other applicable agreements and Applicable Law, it is understood and
agreed that (i) a Member shall not be required to devote all of its time
to the Company’s business, and (ii) any Member and its Affiliates may
engage in and possess interests in other business ventures of any and every
type and description, independently or with others, including the ownership,
acquisition, development, operation and management of natural gas gathering
systems, gas transmission and other pipeline systems, gas storage, gas
processing, oil and gas properties, oil and gas drilling programs (including
adjacent to the Gathering System) and/or any other business venture which may
be in direct or indirect competition with the business and assets of the


 


4

















 


Company. Subject to a
Member’s and any of its Affiliate’s obligations under this Agreement, the
Operating Agreement, other applicable agreements and Applicable Law, (i) neither
the Company nor any other Members or their Affiliates shall have any right,
title or interest in or to such independent ventures or to any profits
therefrom, (ii) to the extent permitted by Applicable Law, no Member or
any of its Affiliates shall be in breach of its duties or obligations to the
Company or other Members or their Affiliates under Applicable Law by engaging
in such independent ventures, and (iii) each Member and the Company hereby
waives any right or claim it may have against a Member or any of its Affiliates
or any of their successors with respect to any such independent ventures or the
income or profits therefrom.


 


Section 2.12         Gathering
Agreements and Priority.


 


(a)       The Members and the
Company agree that the Company, subject to the provisions of Section 3.9,
shall gather gas owned by any Member or its Affiliates on substantially the
terms contained in the agreement attached hereto as Exhibit D (the
“Gathering Agreement”), with such changes as may be approved from time to time
by the Management Committee. The Members agree that, in entering into
agreements for gas gathering by the Company and conducting the Company’s
business, the Operating Member shall use commercially reasonable efforts to
cause gas produced from any well in the Contract Area in which a Member (or its
Affiliates) and each of the other Members (or an Affiliate of the applicable
Member) owns or controls a working interest under the Operating Agreement
(“First Priority Gas”) to be transported with first priority and preference
over any other gas that might be transported in the Gathering System. The
Members further agree that, in entering into agreements for gas gathering by
the Company, the Operating Member shall use commercially reasonable efforts to
cause gas produced from any well in the Contract Area in which one or more (but
not all) Members or their Affiliates own or control a working interest not
subject to the Operating Agreement (“Second Priority Gas”) to be transported
with priority and preference second only to First Priority Gas, and if more
than one Member is transporting Second Priority Gas, then on pro rata basis.
The Members further agree that, in entering into agreements for gas gathering
by the Company, the Operating Member shall use commercially reasonable efforts
to cause gas produced from any well outside of the Contract Area in which all
Members or their Affiliates own or control a working interest (“Third Priority
Gas”) to be transported with priority and preference second only to Second Priority
Gas and First Priority Gas, and if more than one Member is transporting Third
Priority Gas, then on pro rata basis. The Members further agree that, in
entering into agreements for gas gathering by the Company, the Operating Member
shall use commercially reasonable efforts to cause gas produced from any well
outside of the Contract Area in which one or more (but not all) Members or
their Affiliates own or control a working interest (“Fourth Priority Gas”) to
be transported with priority and preference second only to Third Priority Gas,
Second Priority Gas and First Priority Gas, and if more than one Member is
transporting Fourth Priority Gas, then on pro rata basis. The Members
acknowledge the existence of the Nora T/Kentucky West Interconnect on the Gathering
System but agree that gas delivered through such Nora T/Kentucky West
Interconnect shall be treated as Fourth Priority Gas, notwithstanding anything
herein to the contrary.


 


5

















 


(b)      Notwithstanding any
provision that provides priority in the Gathering System to the gas owned or
controlled by any Member or its Affiliates, the Members further acknowledge and
agree that there may be periods of time during which such priority cannot be
maintained due to operational or production rate reasons. The Operating Member
shall use its customary practices and other commercially reasonable efforts to
attempt to facilitate the continued flow of the gas of each Member or its
Affiliates through the Gathering System in accordance with the priorities
established in Section 2.12(a) during such periods.


 


ARTICLE
3


 


MANAGEMENT


 


Section 3.1            Management.


 


(a)       The Company shall be a
member managed limited liability company. To facilitate the orderly and
efficient management of the Company, the Members shall act through the
Management Committee and the Operating Member pursuant to this Article 3.
Decisions or actions taken by the Management Committee and the Operating Member
pursuant to this Agreement shall constitute decisions or actions by the Company
and shall be binding on the Company.


 


(b)      The “Management
Committee” shall be composed of each Member that is the holder of record of a
Membership Interest. Each such Member entitled to a position on the Management
Committee shall be a “Committee Member.” If two or more Members are Affiliates,
then only one of the Affiliated Members shall be permitted to be a Committee
Member. Such Affiliated Members may decide which Member among or between them
will represent their collective interests as a Committee Member. Each Committee
Member shall, by notice to the Company and each other Member, nominate one
principal representative (the “Principal Representative”) and one alternate
representative (the “Alternate Representative” and each Principal
Representative or Alternate Representative being a “Representative”) to
represent such Committee Member at meetings of the Management Committee. Each
Committee Member shall have the right at any time, by notice to the Company and
each other Committee Member, to remove with or without cause and replace any
Representative nominated by it. The Representatives shall be duly constituted
as the authorized representatives and agents of the appointing Committee
Members for purposes of exercising the rights, powers and duties of such
Committee Members hereunder and each Representative shall have the right to
vote and take action by written consent on behalf of the Committee Member that
nominated such Representative. When a Principal Representative is absent, such Representative
shall be replaced by the Alternate Representative nominated by the same
Committee Member. Each Committee Member shall cause its Representatives to take
commercially reasonable efforts to attend all of the meetings of the Management
Committee.


 


(c)       Each Member hereby
agrees that, it shall not take, nor permit its Representatives to take, without
the prior written consent of the Management Committee,


 


6
















 


any action which would
commit or bind, or purport to commit or bind, the Company to any act, agreement
or other instrument or undertaking of any kind or nature whatsoever, nor
expend, nor permit its Representatives to expend, without the prior written consent
of the Management Committee, any amounts for the account of the Company, and
will indemnify each other Member and the Company against any claim, loss,
damage or liability to which such other Member or the Company may become
subject by reason of any breach of this undertaking by that Member; provided,
that the provisions of this paragraph shall not apply to actions taken by the
Operating Member in its capacity as Operating Member, in compliance with the
provisions of this Agreement. The Company shall indemnify and hold harmless (to
the extent of the Company’s assets only) each Member and its Affiliates from
any and all damages, losses, costs, expenses (including reasonable attorneys’
fees and expenses) and liabilities arising from or relating to settlements,
claims, demands or causes of action brought by or on behalf of any Person
(other than the Company, the Members or their Affiliates), which settlements,
claims, demands or causes of action arise out of or result from the Company’s
activities and business, even though caused in whole or in part by a
pre-existing defect, or the negligence (whether sole, joint or concurrent),
strict liability, violation of Applicable Law, or other legal fault of such
Member or Affiliate (excluding, however, any such damages, losses, costs,
expenses and liabilities, including reasonable attorneys’ fees and expenses, to
the extent caused by the gross negligence or willful misconduct (which shall
include actual knowledge at the time in question of material unlawful acts committed
by such Member or Affiliate) of such Member or Affiliate).


 


(d)      The vote of each
Committee Member shall be equal to the Membership Interest of such Committee
Member or, where two Members are Affiliates, the collective Membership
Interests of the group of Members that are Affiliates. Except as otherwise
provided in this Agreement (including Section 2.11(b), Section 3.2(e), Section 3.2(f),
Section 3.3(c), Section 6.7(a), Section 7.1(c), Section 7.3(a) and
Section 7.3(b)), the Management Committee shall make decisions, take
actions or give its consent or approval by the affirmative vote of the
Committee Members representing more than fifty percent (50%) of the Membership
Interests. The same vote required for any decision, action, consent or approval
of the Management Committee as provided herein (including the vote required by Section 2.11(b),
Section 3.2(e), Section 3.2(f), Section 3.3(c), Section 6.7(a),
Section 7.1(c), Section 7.3(a) and Section 7.3(b)) shall
also be required for any amendment to, or modification of, such decision,
action, consent or approval or ratification of such decision, action, consent
or approval not previously approved by it.


 


(e)       Management Committee
meetings shall be held in person, by proxy or by telephone conference call,
video conference or similar means whereby all participating Representatives in
attendance at the meeting can hear and speak to each other. Any Member entitled
to vote at a Management Committee meeting shall have the right to call such a
meeting by giving notice to the Principal Representative of each Committee
Member of the time, date, location and means of conducting such meeting and the
agenda for such meeting at least ten (10) days prior to such meeting or,
for a meeting in a case of emergency with respect to the Gathering Assets, as
soon as reasonably practicable prior to such meeting (it being understood that
the sole agenda item for a meeting in a case of emergency with respect to the
Gathering Assets shall be the item giving rise to such


 


7

















 


emergency). Meetings of the
Management Committee shall be held not less frequently than once every calendar
year beginning in 2008. Notice of any meeting or of the agenda for the meeting
or both shall be deemed waived if waived in writing by all Committee Members
entitled to vote at such meeting. Additional items may be added to the agenda
by any Committee Member, in each case by notice to each Committee Member not
less than three (3) days prior to the scheduled date for the meeting,
except for a meeting in a case of emergency with respect to the Gathering
Assets. If notice of the agenda for a Management Committee meeting has not been
waived as provided above, only items on the agenda may be the subject of a vote
at such meeting, unless otherwise agreed by all Committee Members entitled to
vote at such meeting. Except for a meeting in a case of emergency with respect
to the Gathering Assets, the notice for a Management Committee meeting provided
in the third preceding sentence or the notice of a change in the agenda
therefor provided in the immediately preceding sentence shall in each case be
provided in accordance with Section 11.2 and shall be accompanied by such
written materials as would provide to each Committee Member information
reasonably sufficient for such Committee Member to reach an informed business
decision on each item on such agenda. Notwithstanding the preceding sentence,
failure to receive such information shall in no event be cause for invalidity
of any resolution adopted by the Management Committee or notice of such
meeting. Committee Members shall be entitled to bring to Management Committee
meetings Alternative Representatives and advisors whose expertise is reasonably
related to the matters to be discussed.


 


(f)       Any decision or action
required or permitted to be taken at a meeting of the Management Committee may
be taken without a meeting by written consent of the Committee Members whose
affirmative vote is required for the taking of such decision or action.


 


Section 3.2            Operating
Member.


 


(a)       Each Member acknowledges
and agrees that EGEL shall serve as the operating Member of the Company (the
“Operating Member”), and in such capacity shall have certain rights, powers and
authority as well as duties and responsibilities, each as set forth herein. The
Operating Member shall use its reasonable efforts to perform its duties and
responsibilities in its capacity as the Operating Member pursuant to this
Agreement in accordance with all Applicable Law and in what it reasonably
believes in good faith to be the best interests of the Company.


 


(b)      Except as otherwise
provided herein, the Operating Member shall bear no cost, expense or liability
of the Company and shall not be entitled to any remuneration in connection with
its acting as the Operating Member. The costs and expenses of the Operating
Member shall be reimbursed by the Company in accordance with the procedures and
methods described on Exhibit I hereto. The Operating Member shall
use its reasonable efforts to recoup such costs and expenses through the
charging of gathering fees and rates for gathering of gas through the Gathering
System, including pursuant to the terms of Exhibit C of the Gathering
Agreement. The Members agree that the costs and expenses of the Operating
Member covered by this Section 3.2(b) include (and are not in
addition to) the costs and expenses incurred by the Operating Member pursuant
to


 


8

















 


that certain Services
Agreement, dated effective as January 1, 2005, between the EPC and EGEL,
and the costs and expenses incurred by the Operating Member under such Services
Agreement shall not operate to increase the costs and expenses for which the
Operating Member is entitled to be reimbursed by the Company in accordance with
the procedures and methods described on Exhibit I hereto.


 


(c)       The Company shall
indemnify and hold harmless (to the extent of the Company’s assets only) the
Operating Member and its Affiliates from any and all damages, losses, costs,
expenses (including reasonable attorneys’ fees and expenses) and liabilities
arising from or relating to settlements, claims, demands or causes of action
brought by or on behalf of any Person (other than the Company, the Members or
their Affiliates), which settlements, claims, demands or causes of action arise
out of or result from the Operating Member’s acting in its capacity as
Operating Member and performing duties and responsibilities of the Operating
Member under this Agreement, even though caused in whole or in part by a
pre-existing defect, or the negligence (whether sole, joint or concurrent),
strict liability, violation of Applicable Law, or other legal fault of the
Operating Member or its Affiliates (excluding, however, any such damages, losses,
costs, expenses and liabilities, including reasonable attorneys’ fees and
expenses, to the extent caused by the gross negligence or willful misconduct
(which shall include actual knowledge at the time in question of material
unlawful acts committed by the Operating Member or its Affiliates) of the
Operating Member or its Affiliates).


 


(d)      The Operating Member may
resign at any time by one hundred and eighty (180) days prior written notice to
the Management Committee.


 


(e)       The Operating Member may
be removed by the Management Committee acting by the affirmative vote of the
Committee Members representing at least fifty percent (50%) of the Membership
Interest upon:


 


(i)         the Operating Member
being adjudicated a bankrupt or insolvent;


 


(ii)        a Transfer of the
Membership Interest of the Operating Member such that, following such Transfer,
the Operating Member holds no Membership Interest; provided, that the Operating
Member may Transfer all or any part of its Membership Interest and all of its
right to act as Operating Member to any Affiliate of the Operating Member who
is also a Member, subject to the provisions of Article 6; or


 


(iii)       the gross negligence
or willful misconduct (which shall include actual knowledge at the time in
question of material unlawful acts committed by the Operating Member) of the
Operating Member;


 


provided, however, if the
Operating Member disputes the propriety of removal pursuant to clause (iii) of
this Section 3.2(e), no successor Operating Member shall be appointed, and
the Operating Member shall continue to serve and discharge its duties in such
capacity in accordance with this Agreement, until removal by court order or
until such dispute has been resolved by a determination of a court of competent
jurisdiction.


 


9

















 


 


(f)       In the event a successor
Operating Member is necessary due to the resignation or removal of an Operating
Member, the Management Committee shall meet as soon as possible to appoint a
successor Operating Member, which successor Operating Member must be a Member.
If an Operating Member is removed, such Operating Member shall have the right
to vote on the election of the successor, but neither such Operating Member nor
any of its Affiliates shall have the right to vote for itself or themselves as
successor Operating Member unless approved by the Management Committee acting
by the vote of all of the Committee Members other than the existing Operating
Member and its Affiliates. In no event shall any Member or its Affiliate be
appointed successor Operating Member without its consent. Upon the effective
date of the resignation or removal, the successor Operating Member shall
succeed to all duties, rights and authority prescribed for the Operating
Member; provided, however, that the Operating Member shall continue to serve
and discharge its duties in such capacity until the earlier of (i) one
hundred and eighty (180) days after resignation or removal or (ii) the
successor Operating Member shall have been appointed and assumed authority
pursuant to this Section 3.2(f). The former Operating Member shall
transfer to the successor Operating Member custody of all Company property and
such books of account, records and other documents of the Company required to
be maintained by Operating Member pursuant to this Agreement or otherwise held
by such former Operating Member, provided that the former Operating Member
shall be entitled to retain copies of any records and documents to which it
would be entitled as a Member or as required by Applicable Law or its customary
record retention policies.


 


(g)      Except for the decisions,
actions, consents or approvals delegated to the Management Committee pursuant
to this Agreement, the Operating Member shall conduct, direct and exercise
control over all activities of the Company and the Gathering System, and shall
have full power and authority on behalf of the Company to manage and administer
the business and affairs of the Company and the Gathering System, and to do or
cause to be done any and all acts deemed by the Operating Member in its sole
discretion to be necessary or appropriate to conduct the business of the
Company and the Gathering System, including the authority to take the actions
described in this Agreement and to bind the Company and the Gathering System,
in making contracts and incurring obligations in the name of the Company and
the Gathering System, in the course of the business of the Company and the
Gathering System. Without limiting the generality of the foregoing and except
as provided in Section 3.3 or otherwise under this Agreement, the
Operating Member’s power and authority shall include the power and authority on
behalf of the Company to:


 


(i)          Direct, monitor and
conduct the business and operations of the Company;


 


(ii)         Provide proper
coordination between the Management Committee, the Company and the Members;


 


(iii)        Prepare and
administer the Approved Annual Budgets, including making expenditures
authorized thereunder;


 


10

















 


(iv)        Manage the daily
operations of the Company;


 


(v)         Adopt such policies as
it determines reasonably appropriate from time to time, including
policies regarding contracting, accounting, employment and training;


 


(vi)        Negotiate, execute and
administer any agreements or other documents executed herewith and therewith,
in the name and on behalf of the Company, and to take any and all actions
deemed appropriate or which may be required in connection with the foregoing;


 


(vii)       Apply for and obtain
all necessary. Governmental Authorizations and post any bonds as may be
required by the Company;


 


(viii)      Negotiate and settle
any single third party damage claim or suit against the Company in complete
settlement of such claim or suit involving the payment by the Company of not more
than Five Hundred Thousand Dollars (US$500,000.00);


 


(ix)        Open, manage
(including depositing funds into and withdrawing funds from) and close bank and
investment accounts of the Company, authorize others to take such actions on
behalf of the Company, pay and discharge expenses of the Company and hold
Company funds advanced or received in Company bank and investment accounts
(subject to netting the revenues received by the Company from its business and
operations against the expenses incurred by the Company in connection with such
business and operations in such cash management arrangement as the Operating
Member determines to be commercially reasonably under the circumstances, unless
otherwise required by the Management Committee); provided, that the Operating
Member shall keep an accurate record of expenses incurred and charges against
funds and credits received and shall make such reports thereof and deposits
into bank and investment accounts of the Company as the Management Committee
may direct;


 


(x)         Purchase and otherwise
acquire real or personal property of every nature considered necessary or
appropriate to carry on and conduct the business of the Company and the
Gathering System, including necessary or appropriate improvements and
expansions;


 


(xi)        Loan funds as may be
authorized by the terms of the Contribution Agreement and be paid such
indebtedness in accordance with such terms;


 


(xii)       Maintain, operate and
manage the Gathering System; renew, replace, repair, abandon or make other
appropriate disposition of the Company’s properties; contract with third
Persons for such purposes; and do any and all other things necessary or
appropriate to carry out the decisions of the Management Committee and the
terms and provisions of this Agreement;


 


11

















 


(xiii)      Enter into and execute
any necessary contractor service agreements, gas processing agreements,
transportation agreements, disposal agreements, gas gathering, gas exchange or
sales contracts, transfer orders, division orders and any other applicable
agreements customarily employed in the oil and gas industry in connection with
the acquisition, sale, management or operation of natural gas gathering system
properties or in connection with facilitating the gathering of gas production
received into and delivered from the Gathering System in accordance with this
Agreement;


 


(xiv)      Sell, assign, convey or
otherwise Transfer, for such consideration, and upon such terms and conditions
as the Operating Member may determine to be in the best interests of the
Company and the Gathering System, all or any part of the Gathering System
assets, any interest therein, or any interest payable therefrom, and in
connection therewith to execute and deliver such deeds, assignments and conveyances
containing such warranties as the Operating Member may determine to be
appropriate;


 


(xv)       Purchase, lease, rent
or otherwise acquire or obtain the use of facilities, machinery, equipment,
tools, materials and all other kinds and types of real or personal property
that may in any way be deemed necessary, convenient or advisable in connection
with carrying on the business of the Company and the Gathering System;


 


(xvi)      Pay rentals, all
applicable taxes and any other amounts necessary or appropriate to the
maintenance or operation of the Company and the Gathering System;


 


(xvii)     Sue and be sued,
complain, defend and settle in the name of and on behalf of the Company and the
Gathering System;


 


(xviii)    Quitclaim, surrender,
release or abandon any of the Company assets that is not a material or used and
useful asset, with or without consideration therefor;


 


(xix)       Execute in the name of
the Company and deliver all checks, drafts, endorsements and other orders for
the payment of Company and the Gathering System funds;


 


(xx)        Appear and represent
the Company and the Gathering System before any Governmental Authority and to
make all necessary or appropriate filings before such Governmental Authority;
and


 


(xxi)       Take such other
action, execute and deliver such other documents and perform such other acts as
reasonably may be deemed by the Operating Member to be necessary or appropriate
to carry out the business and affairs of the Company and the Gathering System
in accordance with this Agreement.


 


12

















 


(h)      Except for the decisions,
actions, consents or approvals delegated to the Management Committee pursuant
to this Agreement, each Member hereby consents and agrees that the Operating
Member is authorized to execute, deliver and perform the agreements, acts,
transactions and matters to be performed by the Operating Member described in
this Agreement on behalf of the Company and the Gathering System, without any
further act, approval or vote of the Members.


 


(i)        In accomplishing the
actions provided for in Section 3.2(g) and in fulfilling its
obligations pursuant to this Agreement, the Operating Member may retain or use
its personnel, properties and equipment, or the Operating Member may hire or
rent personnel, properties and equipment of third Persons, and may employ on a
temporary or continuing basis outside accountants, attorneys, consultants and
others on such terms as the Operating Member deems advisable and in the best
interests of the Company in the Operating Member’s judgment.


 


Section 3.3            Restrictions
on Operating Member’s Power and Authority.


 


(a)       Unless such acts have
been approved by the Management Committee or are contemplated by the then
current Approved Annual Budget, the Operating Member shall not have the power
or authority to itself, or to cause the Company and the Gathering System, to do
or perform any of the following acts on behalf of the Company without having
obtained the prior written consent of the Management Committee:


 


(i)         Incur any indebtedness
or make any loan other than the indebtedness referred to in Section 3.2(g)(xi)
and trade payables incurred in the ordinary course of the operations of the
Company and the Gathering System;


 


(ii)        Sell, assign, convey
or otherwise dispose of properties in any calendar year having with an
aggregate net book value at the time of more than Five Hundred Thousand Dollars
(US$500,000.00) (excluding any abandonment of properties in the ordinary course
of operations);


 


(iii)       Mortgage, pledge,
assign in trust or otherwise encumber or permit to be encumbered any of the
Company assets, except for (A) materialman’s, mechanic’s, repairman’s,
employee’s, contractor’s, operator’s and other similar liens or charges arising
in the ordinary course of business for amounts not yet delinquent or (B) inchoate
liens relating to Taxes;


 


(iv)       Guarantee in the name
or on behalf of the Company, the payment of money or the performance of any
contract or other obligation of any Person other than the Company;


 


(v)        Loan any funds of the
Company or the Gathering System to any Member or any of their Affiliates other
than the loan referred to in Section 3.2(g)(xi);


 


(vi)       Enter into, after the
effective date hereof, any new agreements or amendments of any existing or new
agreements that obligate the Company or the


 


13

















 


Gathering System for a term
of more than one (1) year and/or requires payments by the Company or the
Gathering System in excess of one percent (1%) of the Company’s annual gross revenues,
except for construction contracts or other agreements related to capital costs
contemplated by an Approved Annual Budget;


 


(vii)      Institute any action on
behalf of the Company or agree to any settlement or confess a judgment against
the Company in connection with a threatened or pending claim, suit or other
legal action involving the payment by the Company of more than Five Hundred
Thousand Dollars (US$500,000.00);


 


(viii)     Terminate or materially
modify the terms of any Gathering Agreement or any gathering agreement between
the Company and third Persons or consent to any assignment by the counterparty
thereto of its rights and obligations under any Gathering Agreement or enter
into any new gathering agreement (A) with any Member or its Affiliates,
other than the Gathering Agreement, or (B) with third Persons;


 


(ix)       Approve any amendment
to the Certificate of Formation or this Agreement;


 


(x)        Seek regulation of any
of he Company’s assets by any Governmental Authority;


 


(xi)       Approve in respect of
the Company the commencement by the Company of a voluntary case or proceeding
under any applicable bankruptcy, insolvency, reorganization or other similar
Applicable Law or of any other case or proceeding to be adjudicated a bankrupt
or insolvent, or the consent by the Company to the entry of a decree or order
for relief in respect of the Company in an involuntary case or proceeding under
any applicable bankruptcy, insolvency, reorganization or other similar
Applicable Law or to the commencement of any bankruptcy or insolvency case or
proceeding against the Company; or the filing by the Company of a petition or
answer or consent seeking reorganization or similar relief in respect of the
Company under any Applicable Law; or the consent by the Company to the filing
of such petition or to the appointment of or taking possession in respect of
the Company by a custodian, receiver, liquidator, assignee, trustee,
sequestrator or similar official of the Company or of any substantial part of
the property of the Company; or the making by the Company of an assignment for
the benefit of creditors; or the admission by the Company in writing of its
inability to pay its debts generally as they become due; or the dissolution,
split-up or winding up of the Company;


 


(xii)      Approve any consolidation,
merger or sale of all or substantially all of the assets of the Company or the
transformation of the Company into another entity;


 


(xiii)     Suspend operation of
the Gathering System for economic reasons (and not reasons related to
maintenance, emergencies or operational necessity);


 


14

















 


(xiv)     Acquire interests in
existing companies or cause the incorporation of companies, Affiliates, or the
formation of joint ventures, partnerships or profit sharing arrangements for
the development of activities or businesses for any purpose, to make
contributions in cash, in kind or in services thereto, or to liquidate or wind
up such companies and to transfer any ownership interests, rights or shares
thereof;


 


(xv)      Issue any new Membership
Interests;


 


(xvi)     Obligate the Company in
any material manner that would be inconsistent with the purposes of the
Company;


 


(xvii)    Perform any act that
would subject any other Member to liability to third Persons for debts or
obligations of the Company;


 


(xviii)   Cause the Company to
distribute any of its assets to a Member or an Affiliate of a Member other than
permitted in this Agreement pursuant to Section 8.2;


 


(xix)      Except for Approved
Affiliate Transactions, cause the Company to enter into any transactions with a
Member or an Affiliate of a Member;


 


(xx)       Approve any tax
elections of the Company;


 


(xxi)      Cause the Company to
undertake any capital project not otherwise contemplated in the then current
Approved Annual Budget, except as provided under Section 3.4(c) or Section 3.4(d);


 


(xxii)     Approve accounting
procedures of or for the Company not in accordance with U.S. GAAP;


 


(xxiii)    Cause or permit the
Company to enter into any hedging or derivative transaction;


 


(xxiv)   Take any action that
would cause the Company’s aggregate expenditures in any period of time covered
by an Approved Annual Budget to exceed one hundred and ten percent (110%) of
the total expenditures set forth in such Approved Annual Budget, except as
provided in Section 3.4(d);


 


(xxv)    Pursuant to Section 3.5(a) and
Section 3.5(b), approve and reject requests to connect any pipeline,
including any Connecting Pipeline Facilities, to the Gathering System;


 


(xxvi)   Cause the Company to
deliver gas through the Gathering System to a delivery point other than (A) the
Nora Lateral pipeline interconnect with the East Tennessee Natural Gas Company
pipeline and (B) the proposed Jewel Ridge pipeline interconnect with the
East Tennessee pipeline as covered by the Approved Annual Budget for Fiscal
Year 2007 (such points of interconnect


 


15

















 


referred to in clauses (A) and
(B) above, the “Delivery Points”); provided, that this provision shall not
apply to any Curtailment lasting for a period of less than ninety (90) days;


 


(xxvii)  Terminate or materially
amend any Member Interconnect Agreement with any Member or any Member’s
Affiliate or, other than pursuant to the Member Interconnect Agreement, enter
into an interconnect agreement with any Member or any Member’s Affiliates
(other than for the interconnect at the northern border of Virginia between the
Nora-T Line and the pipeline owned and operated by Kentucky West Virginia Gas
Company, LLC (the “Nora-T/Kentucky West Interconnect”) or as provided in Section 3.5(c)),
or consent to any assignment by any Member of its rights and obligations under
any Member Interconnect Agreement; and


 


(xxviii)  Disconnect any Member’s
or any Member’s Affiliate’s interconnection facilities from the Gathering System;
provided that this shall not limit the Operating Member’s right to shut in any
Member as permitted under the Member Interconnect Agreement.


 


(b)     Whenever the consent of
the Management Committee is required under Section 3.3(a), the Operating
Member shall submit a written request for such consent to each Committee
Member. Each Committee Member shall use all commercially reasonable efforts to
respond to the Operating Member within ten (10) Business Days of the date
of its receipt of the Operating Member’s written request for consent. Any
failure by a Committee Member to respond within the requisite time period shall
be deemed a vote of such Committee Member on the Management Committee to
approve or consent to the request of the Operating Member.


 


(c)     The Management Committee
acting solely by the affirmative vote of any Member (without the vote of any
other Members) may cause the Company to enforce the Company’s rights under the
Contribution Agreement against any other Member. The Management Committee acting
solely by the affirmative vote of any Member that is not a party to a
transaction or arrangement between the Company and another Member or its
Affiliates may cause the Company to enforce the Company’s rights with respect
to such transaction or arrangement. The Management Committee acting solely by
the affirmative vote of any Member other than the Member indebted to the
Company (without the vote of any other Members) may cause the Company to
enforce the Company’s rights (i) under any loan made by the Company to any
other Member or its Affiliates pursuant to the Contribution Agreement and (ii) against
a Defaulting Member.


 


(d)     The Members acknowledge
and agree that the Company is subject to the Existing Agreements as a successor
in interest and, notwithstanding any provision to the contrary herein, the
Operating Member is authorized to cause the Company to perform its obligations
under the Existing Agreements.


 


16
















 


Section 3.4           Annual Budget.


 


(a)                    At least ninety (90) days prior to the
commencement of each Fiscal Year, the Operating Member shall prepare and submit
to the Management Committee an annual operating, maintenance and capital budget
(the “Annual Budget”) for the Company for such Fiscal Year. Each proposed
Annual Budget shall include the following:


 


(i)                                     an estimate of the amounts to be received and
of the operating and maintenance costs and capital expenditures to be incurred
by the Company (or for which a reserve may be constituted by it) within the
relevant Fiscal Year (or, with respect to capital expenditures, for the
expected period of such capital expenditures), and a summary of the basis on
which such estimates were prepared;


 


(ii)                                  an estimate of sources and uses of funds for
the relevant Fiscal Year, the estimated timing thereof and the estimated amount
and timing of any Capital Contributions to be received or Distributions to be
made by the Company;


 


(iii)                               an estimate of working capital requirements
for such Fiscal Year, a summary of the basis on which such estimate was
prepared and any reserves required therefore; and


 


(iv)                              a reasonable estimate of the timing of any
required Capital Contributions to be made by the Members for such Fiscal Year.


 


(b)                   The Operating Member shall cooperate with the
Management Committee in connection with their review of the proposed Annual
Budget. The Management Committee shall consider, modify and endeavor either to
approve or reject each Annual Budget prior to the commencement of each Fiscal
Year (as approved, an “Approved Annual Budget”). Approval by the Management
Committee of any Annual Budget under the terms of this Agreement shall
constitute deemed authorization to the Operating Member to make the
expenditures thereunder. The Approved Annual Budget for Fiscal Year 2007 is set
forth in Exhibit E. In addition, to the extent reasonably
necessary to accomplish the activities contemplated by the then current
Approved Annual Budget, the Operating Member is authorized to make additional
expenditures on behalf of the Company up to an amount equal to ten percent
(10%) of the total authorized amount of the then current Approved Annual
Budget. The ten percent (10%) overage amount authorized by this Section 3.4(b) shall
be calculated with respect to the original amount of such Approved Annual
Budget or, once amended, the amended amount of such Approved Annual Budget;
provided that any expenditures under Section 3.4(d) shall not
constitute part of the total authorized amount (including the ten percent (10%)
overage) of the Approved Annual Budget for purposes of this Section 3.4(b).
At any time the Operating Member reasonably anticipates that overexpenditures
under an Approved Annual Budget will exceed such ten percent (10%) amount above
the total authorized amount of the then current Approved Annual Budget, the
Operating Member shall promptly submit an amended budget to the Management
Committee for approval.


 


(c)                    If for any reason an Annual Budget is not
approved by the commencement of any Fiscal Year, the Management Committee shall
be deemed to have established an


 


17

















 


interim Annual Budget
necessary for Operating Member to maintain continued operation of the Gathering
System and to construct such additional pipelines and facilities as may be
necessary or appropriate to connect the Gathering System to wells owned or
controlled by any Member or any of its Affiliates in the AMI. Such interim
Annual Budget, including an interim operating and maintenance and capital
budget, shall not exceed an amount equal to the prior year’s actual operating
and maintenance expense increased by three percent (3%). In no event shall any
capital expenditures contemplated by such interim Annual Budget be used to
construct pipelines and/or facilities to be located outside of the AMI. The
Management Committee shall continue to use reasonable efforts to approve an
agreed Annual Budget, and upon such approval, the interim Annual Budget deemed
approved pursuant to this (c) shall cease to apply.


 


(d)                   The Operating Member is authorized to make
expenditures not included in the then current Approved Annual Budget as may be
necessary, in the Operating Member’s sole and reasonable judgment, to cause the
Company’s operations to comply with Applicable Law, to accommodate coal mining
if required by Applicable Law, contract or pre-existing rights of coal owners,
to comply with any Governmental Authority requirements, or to deal with an
emergency that may endanger lives, property or the environment. Upon any such
event, the Operating Member shall provide written notice thereof to the other
Members, together with reasonable details regarding such event and the costs
associated therewith, within five (5) Business Days following such event.
The Members shall make such Capital Contributions as are necessitated by such
expenditures as requested by the Operating Member. Notwithstanding the
foregoing, the debts, obligations and liabilities of the Company, whether
arising in contract, tort or otherwise, shall be solely the debts, obligations
and liabilities of the Company, and no Member shall be obligated personally for
any such debt, obligation or liability of the Company solely by reason of being
a Member or acting as Operating Member of the Company. Nothing in this
Agreement shall be interpreted as an agreement by any Member to be obligated
personally for any or all of the debts, obligations and liabilities of the
Company.


 


(e)                    The Operating Member shall deliver to each
Member, as soon as commercially reasonable (i) following the end of each
calendar quarter, operating and financial reports of the Company (including the
unaudited financial statements consisting of a balance sheet, a statement of
the Members’ Capital Accounts as of the last day of such calendar quarter, an
income statement for such calendar quarter, and a statement of cash flows for
such calendar quarter) and (ii) following the end of each calendar year, (A) an
audited balance sheet as of the last day of such calendar year, an audited
income statement for such calendar year, and a statement of cash flows for such
calendar year and notes associated with each,(B) an audited statement of
the Members’ Capital Accounts and changes therein for such calendar year; and (C) a
certificate of the Operating Member to the effect that the unconsolidated and
consolidated financial statements in clause (A) above present fairly in
all material respects the financial position and results of operations of the
Company on an unconsolidated basis, and the financial condition and results of
operations of the Company on a consolidated basis. The Operating Member shall
cause the audit described in clause (ii) above to be conducted by


 


18

















 


Ernst & Young LLP
or, if such firm is unavailable, by a nationally recognized independent
certified public accounting firm approved by the Management Committee.


 


(f)                      Prior to the Management Committee meeting
held to consider and approve the Annual Budget, each Member shall provide the
other Members with a reasonably detailed one (1) and three (3) year
development plan for the gas and oil exploration and development operations of
such Member and its Affiliates in the area that is served or would reasonably
be served (through expansion) by the Gathering System.


 


Section 3.5           Connecting Pipelines and Facilities


 


(a)                    If any unaffiliated third Person requests
permission at its sole expense to connect a well or separate pipeline owned by
such Person and/or install a separate compression or other facility owned by
such Person (in each case) located within or outside the AMI to the Gathering
System which is not provided for under the Company’s then current Approved
Annual Budget, then approval or disapproval of each such request shall be
determined by the Management Committee. Any such unaffiliated third Person
shall be required to enter into an interconnect agreement on substantially the
terms contained in the agreement attached hereto as Exhibit G. If
any Member or any Member’s Affiliate transports gas through the Gathering
System pursuant to an arrangement other than the arrangement under the
Operating Agreement as of the date hereof, such Member or such Member’s
Affiliate shall be required to enter into an interconnect agreement on
substantially the terms contained in the Member Interconnect Agreement.


 


(b)                   If a Member or any Affiliate of a Member
requests permission at its sole expense to connect a well or separate pipeline
owned by such Person and/or install a separate compression or other facility
owned by such Person (in each case) located outside of the AMI to the Gathering
System which is not provided for under the Company’s then current Approved
Annual Budget, then approval or disapproval of each such request, and the form
and substance of the interconnect agreement, shall be determined by the
Management Committee.


 


(c)                    If a Member or any Affiliate of a Member
desires at its sole expense to connect a separate pipeline owned by such Person
and/or install a separate compression or other facility owned by such Person
(in each case) within the AMI (each a “Connecting Pipeline Facility”) to the
Gathering System, then such Member or its Affiliate shall be permitted to
connect such pipeline or install such facility (as applicable) to the Gathering
System pursuant to an interconnect agreement in the form attached hereto as Exhibit H
(each, a “Member Interconnect Agreement”) subject to the satisfaction of the
following conditions:


 


(i)                                     Gas from the Connecting Pipeline Facility
through the Gathering System must be reasonably intended to flow in accordance
with the priority set forth in Section 2.12.


 


19

















 


(ii)                                  As a condition to allowing such Connecting
Pipeline Facility to be connected to the Gathering System, the Member or its
Affiliate who owns such Connecting Pipeline Facility must agree:


 


(A)                              To transport any gas in which any other
Member (or its Affiliates) owns or controls an interest through such Connecting
Pipeline Facility for a gathering rate (and gas retention percentage)
structured in the same manner as the rate structure included in Exhibit D,  which rate shall be separate and additive to the gathering rate charged
for the remainder of the Gathering System; and


 


(B)                                To give the other Member or its Affiliate, by
written notice to such other Member, a thirty (30) day right to elect to
purchase a fifty percent (50%) equivalent interest in that portion of such
Connecting Pipeline Facility that is within the AMI at cost. If such right is
not exercised by such other Member or its Affiliate, and subsequently the
Connecting Pipeline Facility is used at any time for gas from any well in the
AMI in which such other Member or its Affiliate owns or controls a working
interest, then upon written notice from such other Member, such other Member or
its Affiliate may elect to purchase a fifty percent (50%) equivalent interest
in that portion of the Connecting Pipeline Facility that is within the AMI at a
price equal to sixty percent (60%) of the then depreciated net book value of
the cost of constructing that portion of the Connecting Pipeline Facility that
is within the AMI. If the other Member or its Affiliate elects to purchase a
fifty percent (50%) equivalent interest in that portion of the Connecting
Pipeline Facility that is within the AMI pursuant to this subsection (B), then
the closing of such purchase shall occur on the thirtieth (30 th) day following
such election (or the next Business Day after such date if such date is not a
Business Day) at the principal office of the Company, unless the Member or its
Affiliate who owns such Connecting Pipeline Facility, on the one hand, and the
Member or its Affiliate who elects to purchase such interest in that portion of
the Connection Pipeline Facility that is within the AMI, on the other hand,
agree upon a different time or date. In the event of any such purchase, the
portion of the Connecting Pipeline Facility that is within the AMI shall be
contributed to the Company or purchased by the Company as mutually agreed.


 


(d)                   To the extent the Company can do so without
violating any Applicable Law or contract, the Company and its Members hereby
irrevocably grant EGEL and its Affiliates the right to construct, own and
operate for its sole account and expense, a parallel (twin) line to the Nora-T
Line. In connection with the construction, ownership and operation of such
parallel (twin) line to the Nora-T Line, EGEL or its Affiliates may utilize all
or part of any of the rights of way, easements and similar rights owned by the
Company to the extent the Company is able to make available such rights of way,
easements and other rights requested without violating any obligations to third
Persons; provided, if EGEL or its Affiliates makes use of such rights of way,
easements and other


 


20

















 


rights, that (1) the
Company shall be deemed to have priority in such rights of way, easements and
similar rights and in the use of available capacity (now or hereinafter
existing) of EGEL and/or its Affiliates on the pipeline of the East Tennessee
Natural Gas Company to the extent necessary to allow the Company to transport
the capacity in the Gathering System and (2) EGEL and its Affiliates will
pay (i) one-half of any fees or charges arising under the instruments
creating or governing such rights of way, easements and similar rights,
together with one-half of any maintenance costs incurred by the Company with
respect to such rights of ways, easements and similar rights and (ii) any
increased costs of cathodic protection. For the purposes of this Agreement, a
parallel (twin) line to the Nora-T Line which utilizes any of the rights of
way, easements and similar rights owned by the Company shall be deemed to be
(and referred to herein as) the “Parallel Pipeline.” EGEL and its Affiliates
shall be responsible for and defend, indemnify and hold (A) the Company
and its Affiliates and their respective directors, officers, employees,
stockholders, members, agents, consultants, advisors and other representatives
(including legal counsel, accountants and financial advisors) and (B) PMOG
and its Affiliates and their respective directors, officers, employees,
stockholders, members, agents, consultants, advisors and other representatives
(including legal counsel, accountants and financial advisors), harmless for any
damages, losses, costs, expenses (including reasonable attorneys’ fees and
expenses) and liabilities suffered by any of such Persons described in clauses (A) and
(B) above to the extent such damages, losses, costs, expenses (including
reasonable attorneys’ fees and expenses) and liabilities arise out of or relate
to any of EGEL’s or its Affiliates’ use of such rights of way, easements, and
similar rights in connection with the construction, ownership or operation of
the Parallel Pipeline. EGEL represents to the Company that it and its
Affiliates, will not use the Parallel Pipeline in a manner that would
materially (x) limit the quantities of gas that the Members are capable of
transporting through the Gathering System and to the Delivery Points or (y) decrease
the price paid for any Member’s gas. The rights to use the Company’s rights of
way, easements and similar rights for the purposes of the Parallel Pipeline may
not be assigned to any Person that is not a Member or an Affiliate of a Member.


 


Section 3.6           Segmentation of Pipelines and
Facilities.  As
used in this Agreement, the term “Unbalanced Segment” means any portion of the
Gathering System owned by the Company that transports gas produced from wells
in which any Member, together with its Affiliates, owns sixty percent (60%) or
more of the working interest volumes being transported (the “Majority WI
Member”). In the event that any portion of the Gathering System constructed by
the Company after the date hereof becomes an Unbalanced Segment, any Member
other than the Majority WI Member may request that the Unbalanced Segment be
segmented from the remainder of the Gathering System. If the Operating Member
determines in its commercially reasonable discretion that the Unbalanced
Segment can be segmented from the remainder of the Gathering System by
installing one or more check meters at or near the point (s) in the
Gathering System where the Unbalanced Segment connects to the remainder of the
Gathering System, the portion of the Unbalanced Segment behind such check meter
(the “Segmented Segment”) shall be operated as follows:


 


(a)                    From the time the Unbalanced Segment becomes
a Segmented Segment, the Operating Member shall determine the gathering rate
(and gas retention percentage)


 


21

















 


to be charged for such
segment using a rate structured in the same manner as the rate structure
included in Exhibit D, which rate shall be separate and additive to
the gathering rate charged for the remainder of the Gathering System.


 


(b)                   The Company shall continue to operate the
Segmented Segment in accordance with the provisions set forth in this
Agreement.


 


(c)                    Any expansions to the Segmented Segment
beyond the check meter(s) separating the Segmented Segment from the
remainder of the Gathering System shall be considered a part of the Segmented
Segment.


 


Section 3.7           Notice of Tie-In. After
receiving a notice pursuant to Section 2.9 of that certain Contract
Operating Agreement, dated of even date herewith, between PMOG and EPC (the
“Contract Operating Agreement”), that a well will be tied into the Gathering
System, the Company shall promptly provide a copy of such notice to the parties
to the Contract Operating Agreement.


 


Section 3.8           PUHCA Covenant. No Member shall take any action that would
be reasonably expected to result in, or refrain from taking any action relating
to such Member that would be reasonably expected to be necessary to prevent,
the Company becoming a public-utility company within the meaning of PUHCA.


 


Section 3.9           Gathering Agreement and
Interconnect Agreement. The Members agree that to the extent any
Member connects a well or pipeline to the Gathering System, then such Member
(on its own behalf and on behalf of any non-operators in such well) shall enter
into (i)(a) if the well is within the AMI, a Member Interconnect Agreement
or (b) if the well is outside the AMI, an interconnect agreement approved
by the Management Committee and (ii) to the extent such Member is
marketing its own production, the Gathering Agreement with the Company.


 


ARTICLE
4


 


CAPITAL
CONTRIBUTIONS; DISTRIBUTIONS


 


Section 4.1           Initial Capital Contributions. The Members shall make the initial Capital Contributions to the Company as
set forth in the Contribution Agreement.


 


Section 4.2           Additional Contributions. No Member is required to make any additional
Capital Contribution to the Company except as expressly provided for in this Section 4.2.
Subject to the provisions of this Section 4.2, the Members shall make
additional Capital Contributions in such amounts and at such times as requested
in writing by the Operating Member in order to comply with the provisions of Section 3.4
(d) and to reasonably enable the Company to pay all costs and expenses
included in the then current Approved Annual Budget or any interim Annual
Budget under Section 3.4 (c), if applicable, (in each case) when due. For
the period of time that the Promissory Note is outstanding, at any time when
the Members are required to make additional Capital Contributions pursuant to
the preceding sentence, the Company acting through the Operating Member shall
demand payment under the Promissory Note from ET Blue Grass Company in the
aggregate amount of such additional Capital


 


22

















 


Contributions. If the outstanding balance
under the Promissory Note is equal to or greater than the aggregate amount of
such additional Capital Contributions, then the Members shall not be required
to make such addition Capital Contributions. If such aggregate amount of such
additional Capital Contributions exceeds the outstanding balance of the
Promissory Note, then the Members shall make additional Capital Contributions
in amounts equal to the difference between (i) such aggregate amount of
such additional Capital Contributions and (ii) the outstanding balance of
the Promissory Note. Any required additional Capital Contributions pursuant to
this Section 4.2 shall be made by the Members in accordance with their respective
Membership Interests and on or before the thirtieth (30th) day after receipt of the Operating Member’s written notice therefore.


 


Section 4.3           Allocation of Profits and
Losses.
The Company’s Profits and
Losses shall be allocated in accordance with the Members’ respective Membership
Interests.


 


Section 4.4           Distributions. Distributions shall be made to the Members at
the times and in the aggregate amounts determined by the Management Committee
or as may be provided for in the then current Approved Annual Budget. Except
for the Distribution to EGEL contemplated by the Contribution Agreement and
subject to Section 7.3 hereof, all Distributions shall be allocated among
the Members in accordance with their Membership Interests. Notwithstanding
anything to the contrary contained herein, the Company shall not make a
Distribution to any Member on account of the interest of such Member in the
Company if such Distribution would violate Section 18-607 of the Act.


 


Section 4.5           Return of Capital
Contributions. Except
as expressly provided in Article 7, (a) a Member is not entitled to
the return of any part of its Capital Contributions or to be paid interest in
respect of its Capital Contributions and (b) a Member shall not be
required to contribute or to lend any cash or property to the Company to enable
the Company to return any Member’s Capital Contributions.


 


ARTICLE 5


 


BOOKS AND RECORDS


 


Section 5.1           Books and Records. During the Tenn and for a period of at least
five (5) years thereafter, the Operating Member shall keep or cause to be kept
at the address of the Company (or at such other place as the Management
Committee may designate from time to time in accordance with Applicable Law)
full and accurate accounts of the transactions of the Company, and a register
of Members, in proper books and records of account, which shall set forth all
information required by the Applicable Law. Such books and records shall be maintained
in accordance with U.S. GAAP, which shall be the basis for the preparation of
all financial reports. Such books and records shall be available for inspection
and copying at reasonable times during business hours by a Member or its duly
authorized agents or representatives for any purpose reasonably related to such
Member’s interest in the Company.


 


23

















 


ARTICLE
6


 


TRANSFERS
AND ASSIGNMENTS


 


Section 6.1           Restriction on Transfers of
Membership Interests. A Member may Transfer or Encumber all or any
portion of its Membership Interests so long as such Transfer complies with the
provisions of this Article 6. Except as expressly provided in this Article 6,
no Member may Transfer or Encumber any of its rights or obligations under this
Agreement to any other Person. Neither the Company nor any of the Members shall
permit any Transfer or Encumbrance of Membership Interest in violation of this Article 6
to be registered, if applicable, in the relevant register of the Company.


 


Section 6.2           Transfers of Membership Interests; Admission as Member. Any Transfer of Membership Interests and any
admission of a Transferee as a Member shall be subject to the requirements of
this Section 6.2 and such Transfer shall not be effective unless such
requirements are complied with; provided, however, that the Management
Committee may waive any of the requirements of this Section 6.2 (other
than the requirements of Section 6.2 (b)). A Transferee who complies with
the following requirements shall be admitted to the Company as a Member:


 


(a)                    Except for a Transfer by a Member to any Affiliate
of such Member, a Transfer of all or any part of a Membership Interest, the
Transfer must comply with the provisions of Section 6.5;


 


(b)                   The following documents must be delivered to
the Management Committee:


 


(i)                                A copy of the instrument pursuant to which
the Transfer is effected.


 


(ii)                             With respect to any Transfer, an instrument,
executed by the Member making the Transfer (a “Transferor”) and its Transferee,
containing the following information and agreements: (A) the notice
address of the Transferee; (B) the total percentage of the Membership
Interests owned by the Transferee and the Transferor after the Transfer (which
together must total the total percentage of Membership Interests owned by the
Transferor before the Transfer); (C) the Transferee’s ratification of this
Agreement and agreement to be bound by it; (D) the Transferee’s agreement
to assume all liability associated with the transferred Membership Interest
accruing from and after the effective date of such transfer; and (E) representations
and warranties by the Transferor and its Transferee that the Transfer and
admission is being made in accordance with Applicable Laws.


 


(iii)                          With respect to any Transfer, such opinions
of counsel regarding tax and securities law matters as the Management
Committee, in its reasonable discretion, may require.


 


24

















 


(c)                    The Transferee must represent, warrant and
covenant to the Company and each Member that the following statements are true
and correct as of the date on which such Transferee becomes admitted to the
Company as a Member:


 


(i)                                the Transferee is duly incorporated,
organized or formed (as applicable), validly existing, and (if applicable) in
good standing under the law of the jurisdiction of its incorporation,
organization or formation; if required by Applicable Law, that the Transferee
is duly qualified and in good standing in the jurisdiction of its principal
place of business, if different from its jurisdiction of incorporation,
organization or formation; and that the Transferee has full power and authority
to execute and deliver this Agreement and to perform its obligations hereunder,
and all necessary actions by the board of directors, shareholders, managers,
members, partners, trustees, beneficiaries or other applicable Persons
necessary for the due authorization, execution, delivery and performance of
this Agreement by that Transferee have been duly taken;


 


(ii)                             the Transferee has duly executed and
delivered this Agreement and the other documents contemplated herein, and they
constitute the legal, valid and binding obligation of that Transferee
enforceable against it in accordance with their terms (except as may be limited
by bankruptcy, insolvency or similar laws of general application and by the effect
of general principles of equity, regardless of whether considered at Applicable
Law or in equity);


 


(iii)                          the Transferee’s authorization, execution,
delivery and performance of this Agreement does not and will not (1) conflict
with, or result in a breach, default or violation of, (A) the
organizational documents of such Transferee, (B) any contract or agreement to
which that Transferee is a party or is otherwise subject or (C) any
Applicable Law to which that Member is subject; or (2) unless previously
satisfied, require any consent, approval or authorization from, filing or
registration with, or notice to, any Governmental Authority or other Person;
and


 


(d)                   The Transferor and its Transferee shall pay,
or reimburse the Company for, all reasonable costs and expenses payable to
third Persons (other than Affiliates) incurred by the Company in connection
with the Transfer and admission of the Transferee as a Member, including the
legal fees incurred in connection with the legal opinions referred to in Section 6.2
(b)(iii); and


 


(e)                    Unless approved by the Management Committee,
no Transfer of any Membership Interests shall effect a release by the Company
or any other Members of the Transferor from any liabilities to the Company or
any other Members arising from events occurring prior to the Transfer.


 


Section 6.3           Transfers to Affiliates; Prohibition
Against Encumbrances.


 


(a)                    Any Member may Transfer all or any part of
its Membership Interest to any of its Affiliates without complying with Section 6.5.


 


25

















 


(b)                   Unless approved by the Management Committee,
no Member may Encumber its Membership Interests to any third Person.


 


Section 6.4           General Provisions Relating to
Transfer of Membership Interests.


 


(a)                    No Member may withdraw from the Company,
other than as a result of a Transfer of all of such Member’s Membership
Interests in accordance with this Article 6 with respect to which the
Transferee becomes a Member in place of the Transferor. Except as otherwise
provided in this Agreement, any Member who Transfers all of the Membership
Interests held by such Member in a Transfer permitted pursuant to this Article 6
where the Transferee is admitted as a Member shall automatically cease to be a
Member as of the date of consummation of such Transfer.


 


(b)                   All distributions and allocations with
respect to which the record date is before the effective date of any Transfer
shall be made to the Transferor, and all distributions and allocations from and
after such date shall be made to the Transferee.


 


(c)                    In addition to any other restrictions on
Transfer contained herein, in no event may any Transfer of Membership Interests
by any Member be made (i) to any Person who lacks the legal right, power
or capacity to own Membership Interests or (ii) in violation of Applicable
Law.


 


(d)                   The Promissory Note must be repaid in full
prior to any Transfer by EGEL of its Membership Interest.


 


Section 6.5           Right of First. Refusal.


 


(a)                    Except as provided in Section 6.3(a),
Transfers of Membership Interests by a Member shall not be permitted unless the
Member has complied with this Section 6.5. If a Member enters into an
agreement whereby such Member agrees to Transfer all or any portion of its
Membership Interests to a bona fide purchaser, then such Member (the
“Transferring Party”) shall give prompt written notice (the “Transfer Notice”)
to the Company and the other Members that are not Affiliates of the
Transferring Party (the “Non-Affiliated Members”) at least thirty (30) days
prior to the closing of such Transfer (such thirty (30) day period being
referred to herein as the “First Refusal Period”), stating that the
Transferring Party intends to make such a Transfer, identifying the terms and
conditions of such Transfer, including without limitation (i) the name and
address of the prospective purchaser (the “Proposed Transferee”), (ii) the
percentage of Membership Interests proposed to be purchased pursuant to the
offer (the “First Refusal Membership Interests”) and (iii) (a) if the
Transfer is a Cash Transfer, the price to be paid for the First Refusal
Membership Interests or (b) if the Transfer is not a Cash Transfer, the
Cash Value of the First Refusal Membership Interests, determined by the
Transferring Party in good faith (such U.S. dollar amount as used in
subsections (a) or (b), as applicable, shall be referred to herein as the
“Transfer Price”), which Transfer Notice shall constitute an irrevocable
election by the Transferring Party to sell the First Refusal Membership
Interests to the Non-Affiliated Members for the Transfer Price. A copy of the
offer and purchase agreement, if in writing, shall be attached to the Transfer
Notice.


 


26
















 


(b)                   The Non-Affiliated Members shall have the
irrevocable right, by written notice to the Transferring Party, and option to
purchase at the Transfer Price all but not less than all the First Refusal
Membership Interests. If the First Refusal Membership Interests are part of a
Wider Transaction, the Non-Affiliated Members shall only have the right and
option to purchase the First Refusal Membership Interests, and shall have no
right to purchase any other interests that may be the subject of the Wider Transaction.
Within thirty (30) days following delivery of the Transfer Notice, each
Non-Affiliated Member shall deliver a written notice to the Transferring Party
stating whether it elects to exercise its option under this Section 6.5(b),
and such notice shall constitute an irrevocable commitment by such
Non-Affiliated Member to purchase a percentage of the First Refusal Membership
Interests, equal to the ratio of (i) the Membership Interests held by such
Non-Affiliated Member to (ii) the Membership Interests held by all Members
excluding the First Refusal Membership Interests, from the Transferring Party
on the terms set forth in the Transfer Notice. Failure to timely deliver the
notice to the Transferring Party by a Non-Affiliated Member shall be deemed an
election of such Non-Affiliated Member not to exercise its options under this Section 6.5(b).


 


(c)                    If the First Refusal Membership Interests are
not elected to be purchased by all of the Non-Affiliated Members but one or
more of such Non-Affiliated Members (the “Electing Non-Affiliated Members”)
have timely elected to purchase their proportionate share of such First Refusal
Membership Interests, then the Transferring Party shall notify each Electing
Non-Affiliated Member, by written notice, which Non-Affiliated Members have
elected to purchase their proportionate share of the First Refusal Membership
Interests and which Non-Affiliated Members have not elected to purchase their
proportionate share of the First Refusal Membership Interests. The Electing Non-Affiliated
Members, for a period of five (5) days from the receipt of such notice,
shall have the irrevocable right and option to purchase at the Transfer Price
all but not less than all the First Refusal Membership Interests, and each
Electing Non-Affiliated Member shall deliver a written notice to the
Transferring Party stating whether it so elects to exercise its option under
this Section 6.5(c), and such notice shall constitute an irrevocable
commitment of such Electing Non-Affiliated Member to purchase a percentage of
the First Refusal Membership Interests, equal to the percentage agreed to among
all Electing Non-Affiliated Members who provide such notice, from the
Transferring Party on the terms set forth in the Transfer Notice. Failure to
timely deliver the notice to the Transferring Party by an Electing
Non-Affiliated Member shall be deemed an election of such Electing
Non-Affiliated Member not to exercise its option under this Section 6.5(c).


 


(d)                   If the Non-Affiliated Members elect to
purchase the First Refusal Membership Interests pursuant to Section 6.5(b)
above or the Electing Non-Affiliated Members elect to purchase the First
Refusal Membership Interests pursuant to subsection Section 6.5(c) above,
then the closing of such purchase shall occur no later than ninety (90) days
after (A) if the Transfer contemplated in the Transfer Notice is a Cash
Transfer and is not part of a wider transaction between the Transferring Party
and the Proposed Transferee involving other properties in addition to the First
Refusal Membership Interests (the “Wider Transaction”), the date of such
election, (B) if the Transfer contemplated in the Transfer Notice is a
Cash Transfer but is part of the Wider


 


27

















 


Transaction, the date on
which the Wider Transaction closes, (C) if the Transfer contemplated in
the Transfer Notice is not a Cash Transfer and is not part of the Wider
Transaction, the date on which the Cash Value is deemed final pursuant to the
provisions of Section 6.5(f) or (D) if the Transfer contemplated
in the Transfer Notice is not a Cash Transfer but is part of the Wider
Transaction, on the later of (i) the date on which the Cash Value is
deemed final pursuant to the provisions of Section 6.5(f) and (ii) the
date on which the Wider Transaction closes, (in each case) unless the Electing
Non-Affiliated Members and the Transferring Party agree upon a different time.
The closing shall take place at the offices of the Transferring Party, unless
the Electing Non-Affiliated Members and the Transferring Party agree upon a
different place. If the contemplated Transfer is part of the Wider Transaction
and the Wider Transaction terminates without completion for any reason, the
Electing Non-Affiliated Members’ rights to acquire the First Refusal Membership
Interests which are part of such Wider Transaction shall also terminate.


 


(e)                    If all of the First Refusal Membership
Interests are not elected to be purchased by the Non-Affiliated Members or
Electing Non-Affiliated Members in a timely manner pursuant to this Section 6.5,
then, subject to Article 6, the Transferring Party shall be free, for a
period of ninety (90) days from the date of the expiration of the First Refusal
Period, to sell such First Refusal Membership Interests to the Proposed
Transferee under terms and conditions no more favorable to the Proposed
Transferee than those set forth in the Transfer Notice. If the Transfer of such
First Refusal Membership Interests by the Transferring Party is not completed
after the end of such ninety (90) day period, and the Transferring Party still
desires to effect such Transfer, then the Transferring Party shall be required
to deliver an additional Transfer Notice delivered to the Company and the
Non-Affiliated Members, and the terms and conditions of this Section 6.5
shall apply to such additional Transfer Notice, thereby giving rise anew to the
rights provided in the preceding paragraphs.


 


(f)                      For purposes of Section 6.5(d), the Cash
Value proposed by the Transferring Party in the Transfer Notice shall be
conclusively deemed correct and final unless the Electing Non-Affiliated
Members give notice that they disagree with the Transferring Party’s estimate
of the Cash Value (the “Disagreement Notice”) to the Transferring Party within ten
(10) days of the Electing Non-Affiliated Members’ receipt of the Transfer
Notice. The Disagreement Notice shall state (i) the Cash Value as
determined by the Transferring Party, (ii) the Cash Value proposed by the
Electing Non-Affiliated Members, and (iii) any information supporting the
proposed Cash Value by the Electing Non-Affiliated Members. The Transferring
Party and the Electing Non-Affiliated Members giving the Disagreement Notice
(the “Disagreeing Parties”) shall then have fifteen (15) days in which to
attempt to negotiate an agreement on the Cash Value. If no agreement has been
reached by the end of such fifteen (15) day period, any Disagreeing Party shall
have the right to refer the matter of Cash Value determination to final and
binding arbitration before an expert in accordance with this Section 6.5(f).
The expert shall be selected unanimously by the Disagreeing Parties and if the
Disagreeing Parties are unable to agree upon an expert within fifteen (15) days
after deciding to refer the matter of Cash Value determination to an expert,
then, upon request of either Disagreeing Party, the American Arbitration
Association shall appoint such expert. The expert shall not have any economic
interest in or economic relationship with the parties


 


28

















 


hereto or have been employed
by any Party or any of their Affiliates for at least five (5) years prior
to its appointment as an expert hereunder. The expert, once appointed, shall
have no ex parte communications with the parties hereto concerning the expert
determination or the underlying dispute. All communications between the
Disagreeing Parties and the expert shall be conducted (A) in writing with
each Disagreeing Party receiving a copy of such communications, or (B) at
a meeting to which representatives of all the Disagreeing Parties have been
invited and of which all the Disagreeing Parties have been provided at least
seven (7) days notice. Within thirty (30) days after the expert’s
acceptance of its appointment, each Disagreeing Party shall provide the expert
and each other with a report containing their proposal for the resolution of
the matter and the reasons therefore, accompanied by all relevant supporting
information and data (each, an “Initial Report”). Each Disagreeing Party may
also provide the expert and the other Disagreeing Parties with a response to
the Initial Report of the other Disagreeing Parties within fifteen (15) days of
the expert’s receipt of the Initial Reports. Within sixty (60) days of its
receipt of the Initial Reports and after receipt of additional information or
data as may be required by the expert, the expert shall issue an award
selecting the proposal which it finds is more consistent with the terms of this
Agreement. In issuing its award, the expert may not propose alternate positions
or award damages, interest or penalties to any Disagreeing Party with respect
to any matter. The expert’s award shall be final and binding on the Disagreeing
Parties and judgment may be entered upon it by any court of competent
jurisdiction.


 


(g)                   Once the Cash Value is determined under Section 6.5(f),
subject to Section 6.5(d), the Transferring Party shall be obligated to
sell and the Electing Non-Affiliated Members shall be obligated to buy the
First Refusal Membership Interests at such Cash Value.


 


Section 6.6           Specific Performance. The Members agree that a breach of the provisions
of this Article 6 may cause irreparable injury to the Company and to the
other Members for which monetary damages (or other remedy at Applicable Law)
are inadequate in view of (a) the complexities and uncertainties in
measuring the actual damages that would be sustained by reason of the failure
of a Member to comply with such provision and (b) the uniqueness of the
business of the Company and the relationship among the Members. Accordingly,
the Members agree that the provisions of this Article 6 may be enforced by
specific performance.


 


Section 6.7           Additional Restrictions on
Transfers.


 


(a)                    During any twelve (12) month period, the
total Transfers of the Membership Interest (including, without duplication,
Deemed Tax Transfers) by or with respect to any Member shall not exceed
forty-nine and nine-tenths percent (49.9%) of the Membership Interest of such
Member as of the beginning of such twelve (12) month period unless (i) the
Management Committee, acting by the affirmative vote of Committee Members
(other than the Transferor and its Affiliates) representing more than fifty
percent (50%) of the Membership Interests remaining after excluding the
Membership Interests held by the Transferor and its Affiliates, gives its
consent, (ii) the Transfer or Deemed Tax Transfer is equal to or less than
twenty-four and ninety-five


 


29

















 


hundredths percent (24.95%)
of the Membership Interest of the Transferor and, when combined with the
Membership Interests transferred (or deemed transferred) pursuant to all other
Transfers and Deemed Tax Transfers by or with respect to all Members during
such 12 month period, does not exceed forty-nine and nine-tenths percent
(49.9%) of the Membership Interests of all Members, or (iii) the
Transferor (with the consent of the Management Committee, acting by the
affirmative vote of Committee Members (other than the Transferor and its
Affiliates) representing more than fifty percent (50%) of the Membership
Interests remaining after excluding the Membership Interests held by the
Transferor and its Affiliates, which consent shall not be unreasonably
withheld, conditioned or delayed) agrees to modify Section 4.3 to provide
for the special allocation of deductions of the Company to the Members other
than the Transferor (the “Non-Transferor Members”) so that, notwithstanding the
reduced depreciation and cost recovery deductions of the Company arising from a
termination of the Company for purposes of Section 708(b)(1)(B) of
the Code (the “Technical Termination”), (A) on an annual basis the
deductions allocated to the Non-Transferor Members will be the same amount as
the amount of deductions the Non-Transferor Members would have been allocated
under Section 4.3 if the Technical Termination had not occurred and (B) in
the year of the liquidation of the Company income and gain will be specially
allocated to the Non-Transferor Members in an amount necessary to cause the
Capital Account of each Member to be equivalent per one percent of Membership
Interest held by such Member.


 


(b)                   In connection with each such Transfer and
Deemed Tax Transfer, the Member making the Transfer or with respect to whom the
Deemed Tax Transfer applies shall provide written notice to the Company and the
other Members of the date of the consummation of such Transfer or Deemed Tax
Transfer and the Membership Interest so transferred or deemed transferred.


 


(c)                    As used herein, the term “Deemed Tax
Transfer” means any event or series of events that is treated for federal
income tax purposes as a sale or exchange of a Member’s Membership Interest or
portion thereof for purposes of Section 708(b)(1)(B) of the Code.


 


ARTICLE
7


 


FUNDING
DEFAULT AND REMEDIES


 


Section 7.1           Funding Default; Remedies.


 


(a)                                  If at any time a Member fails to pay any
amount of a Capital Contribution as expressly required under Section 4.2,
then such unpaid amount shall bear interest from the applicable due date until
the date such unpaid amount is paid by such Member to the Company, which
interest, together with the unpaid Capital Contribution, shall be payable to
the Company upon demand or, in the absence of any demand, on the last day of
each month, at a rate equal to LIBOR plus six percent (6%) per annum (or such
lower rate as is the maximum rate permitted by Applicable Law from time to
time).


 


30

















 


(b)                                 The Company and any Member, other than the Defaulting
Member (each a “Non-Defaulting Member”), shall be entitled to recover from the
Defaulting Member all reasonable attorneys’ fees and other costs incurred by
each of them in the collection of amounts owing hereunder and in the
enforcement of this Agreement.


 


(c)                                  Upon the occurrence of a Funding Default, the
Operating Member shall notify the other Members by written notice that such
Funding Default has occurred. Each Non-Defaulting Member, by written notice to
the Defaulting Member and the Company, may elect to either (i) make all or
a portion of the Defaulted Contribution on behalf of the Defaulting Member as
provided in Section 7.2(a) within thirty (30) days of its receipt of
such notice from the Operating Member (and the failure to make such election
within such time period by such Non-Defaulting Member shall be deemed an
election not to make all or a portion of the Defaulted Contribution on behalf
of the Defaulting Member), or (ii) take such other action available under
this Agreement, Applicable Law or in equity as the Management Committee, acting
by affirmative vote of the Committee Members (other than the Defaulting Member
and its Affiliates) representing more than fifty percent (50%) of the
Membership Interests remaining after excluding the Membership Interests held by
the Defaulting Member and its Affiliates, may otherwise approve. If none of the
Non-Defaulted Members elect to make all or a portion of the Defaulted
Contribution on behalf of the Defaulting Member as provided in this (c) and
Section 7.2(a), then the Defaulted Contribution shall constitute
indebtedness due from the Defaulting Member to the Company unless and until
such amount is repaid by the Defaulting Member to the Company. Amounts repaid
by the Defaulting Member to the Company in connection with the Defaulted
Contribution shall be applied by the Company first to costs of collection and
enforcement incurred by the Company and second to amounts constituting the
Defaulted Contribution (applied first to all accrued and unpaid interest) of
the Defaulting Member that have not yet been paid to the Company.


 


Section 7.2           Member Advances upon Funding
Default.


 


(a)                                  Upon the occurrence of a Funding Default, any
Non-Defaulting Member may elect to make all or a portion of the Defaulted
Contribution on behalf of the Defaulting Member. Such election shall be made by
such Non-Defaulting Member by written notice to the Defaulting Member and the
other Members specifying the date by which such Defaulted Contribution will be
made by such Non-Defaulting Member, which date shall be not more than ten (10) days
from the date of such election. If any other Non-Defaulting Member wishes to
join in making the Defaulted Contribution, it shall notify the Non-Defaulting
Member providing the notice, and all or a portion of the Defaulted Contribution
being paid by the electing Non-Defaulting Members shall be divided among them
pro rata in relation to their respective Membership Interests or as otherwise
agreed among them. Each Non-Defaulting Member who makes all or a portion of a
Defaulted Contribution shall be a “Funding Member” and the portion of the
Defaulted Contribution made by each Funding Member shall constitute
indebtedness due from the Defaulting Member to such Funding Member. Amounts
repaid by the Defaulting Member to any such Funding Member in connection with
the Defaulted Contribution by such Funding Member shall be applied by such
Funding Member first to costs of collection and enforcement incurred by such
Funding Member and second to amounts constituting the Defaulted Contribution
(applied first to all accrued and unpaid interest) of the Defaulting Member
that have not yet been paid to such Funding Member.


 


31

















 


(b)                                 The Defaulting Member shall not be deemed to
have cured the Funding Default until all of the Defaulted Contribution has been
paid by it or the Funding Default has been repaid by the application of the
Distributions to which the Defaulting Member would otherwise be entitled.


 


Section 7.3           Consequences of Funding Default;
Redirected Distributions Upon a Funding Default.


 


(a)                                  For so long as a Funding Default has occurred
and is continuing, then notwithstanding anything to the contrary herein, (1) the
Committee Member designated by the Defaulting Member or its Affiliates shall
not have the right to participate in the decisions, actions, consents or
approvals of the Management Committee, and the Management Committee shall have
the right to make decisions, take actions or give its consent or approval by
the affirmative vote of the Committee Members (other than the Defaulting Member
and its Affiliates) representing the required percentage (as set forth in the
applicable Section hereof with respect to the applicable decision, action,
consent or approval) of the Membership Interests remaining after excluding the
Membership Interests held by the Defaulting Member and its Affiliates and (2) the
Defaulting Member shall not be entitled to any Distributions.


 


(b)                                 Any Distribution to which the Defaulting
Member would otherwise have been entitled (the “Redirected Distribution”) shall
be handled in the following order: (i) such Redirected Distribution shall
be applied by the Company in accordance with the last sentence of Section 7.1(c) until
all amounts due to the Company (if any), together with any costs of collection
and enforcement, have been paid in full; (ii) such remaining Redirected
Distribution (after the Company has received the amounts necessary to satisfy (i) above)
shall be distributed by the Company to the Funding Members (in proportion to
the amount of the Defaulted Contribution each Funding Member is owed), until
all amounts due to the Funding Members, together with any costs of collection
and enforcement, have been paid in full (and such Funding Members shall apply
such Redirected Distribution received in accordance with the last sentence of Section 7.2(a));
and (iii) after all amounts due to the Company and such Funding Members
have been paid in full, any remaining Redirected Distribution shall be paid to
the Defaulting Member; provided, however, that the Company acting through the
Management Committee, by affirmative vote of the Committee Members (other than
the Defaulting Member and its Affiliates) representing more than fifty percent
(50%) of the Membership Interests remaining after excluding the Membership
Interests held by the Defaulting Member and its Affiliates, may elect to retain
such remaining Redirected Distributions payable to the Defaulting Member as an
advance payment for future Capital Contributions of the Defaulting Member or
demand other security or assurances for such future Capital Contributions.


 


(c)                                  A Redirected Distribution shall be considered
a Distribution by the Company to the Defaulting Member and a subsequent payment
by the Defaulting Member of an equal amount to the Company or to the Funding
Members, as the case may be.


 


(d)                                 Each Member hereby agrees that, if at any
time it becomes a Defaulting Member, it shall promptly return to the Company,
for redistribution in accordance with (b) any amount received by it in
contravention of this Article 7.


 


32

















 


Section 7.4           Cross-Default. A failure by ET Blue Grass Company to make
any payment required to be made by it pursuant to the Promissory Note (including
upon demand by the Company pursuant to Section 4.2) after giving effect to
any applicable notice requirement or grace period expressly set forth in the
Promissory Note shall constitute a default of all of ET Blue Grass Company’s
Affiliates that are Members, and each such Affiliates that is a Member shall
become a Defaulting Member for the purposes of this Agreement until all amounts
owing under the Promissory Note are paid in full.


 


ARTICLE
8


 


TERMINATION;
WITHDRAWAL


 


Section 8.1           Dissolution. The Company shall dissolve and its affairs
shall be wound up on the first to occur of the following events (each a
“Dissolution Event”):


 


(a)                    approval by Committee Members holding not
less than seventy five percent (75%) of the Membership Interest; or


 


(b)                   entry of a decree of judicial dissolution of
the Company under Section 18-802 of the Act.


 


No other event shall cause a
dissolution of the Company.


 


Section 8.2           Winding-Up and Termination. On the occurrence of a Dissolution Event,
the Management Committee shall act as liquidators. The liquidators shall
proceed diligently to wind up the affairs of the Company and make final
Distributions as provided herein and in the Act. The costs of winding up shall
be borne as a Company expense. Until final Distribution, the liquidators shall continue
to operate the Company and its properties with all of the power and authority
of the Operating Member and the Management Committee. The liquidators shall
prepare a liquidation plan, which shall be approved by the Management Committee
and shall include the following steps:


 


(a)                    as promptly as possible after dissolution and
again after final winding up, the liquidators shall cause a proper accounting
to be made by a recognized firm of certified public accountants of the
Company’s assets, liabilities, and operations through the last day of the month
in which the dissolution occurs or the final winding up is completed, as
applicable;


 


(b)                   the liquidators shall discharge from Company
funds all debts, liabilities and obligations of the Company or otherwise make
adequate provision for payment and discharge thereof (including the
establishment of a cash escrow fund for contingent liabilities in such amount
and for such term as the liquidators may reasonably determine); and


 


(c)                    all remaining assets of the Company shall be
distributed to the Members as follows:


 


33

















 


(i)                       each Member shall have the opportunity to
submit sealed bids for the remaining tangible assets, with the highest bidder
for the assets receiving the assets as a liquidation distribution;


 


(ii)                    with respect to remaining Company property,
the liquidators shall sell the Company property to the Member submitting the
highest bid, or, if no such bids are received, may sell any or all Company
property to one or more third Persons and any resulting gain or loss from each
sale shall be computed and allocated to the Members in accordance with the
provisions of this Agreement;


 


(iii)                 with respect to all Company property that has
not been sold, the fair market value of that property shall be determined and
the Capital Accounts of the Members shall be adjusted to reflect the manner in
which the unrealized income, gain, loss, and deduction inherent in property
that has not been reflected in the Capital Accounts previously would be
allocated among the Members if there were a taxable disposition of that
property for the fair market value of that property on the date of
Distribution; and


 


(iv)                Company property (including cash) shall be
distributed among the Members in accordance with their respective positive
Capital Account balances (provided, however, that if the Promissory Note is
outstanding as of the Dissolution Event, then such Promissory Note shall be
distributed 100% to EGEL and Distributions of equivalent value shall be made to
the other Members in accordance with their respective positive Capital Account
balances); and those Distributions shall be made by the end of the Fiscal Year
during which the Dissolution Event occurs (or, if later, ninety (90) days after
the date of the Dissolution Event).


 


The Distribution of cash or property to a
Member in accordance with the provisions of this Section 8.2 constitutes a
complete return to the Member of its Capital Contributions and a complete
Distribution to the Member of its Membership Interests and all the Company’s
property and constitutes a compromise to which all Members have consented
pursuant to Section 18-502(b) of the Act. To the extent that a Member
returns funds to the Company, it has no claim against any other Member for
those funds.


 


Section 8.3           Certificate of Cancellation. On completion of the Distribution of Company
assets as provided herein, the Management Committee (or such other Person or
Persons as the Act may require or permit) shall file a certificate of
cancellation with the Secretary of State of Delaware, cancel any other filings
made pursuant to Section 2.5, and take such other actions as may be
necessary to terminate the existence of the Company. Upon the filing of such
certificate of cancellation, the existence of the Company shall terminate,
except as may be otherwise provided by the Act or other Applicable Law.


 


34

















 


Section 8.4                                   Deemed Withdrawal.


 


(a)                    A Member is deemed to have withdrawn from the
Company (such Member being referred to herein as the “Withdrawn Member”) upon
the occurrence of any of the following events:


 


(i)                                it becomes unlawful for the Member to
continue to be a Member; or


 


(ii)                             the Member dissolves, commences liquidation
or winds-up its operations.


 


(b)                   A Withdrawn Member shall comply with the
following requirements in connection with its Withdrawal:


 


(i)                                A Withdrawn Member ceases to have the rights
of a Member immediately and shall not receive any compensation or return of
capital with respect to its Membership Interest or with respect to Capital
Contributions made by it.


 


(ii)                             The Withdrawn Member shall not be entitled to
receive any Distributions from the Company.


 


(iii)                          A Withdrawn Member shall not be entitled to exercise
any voting or consent rights or receive any further information (or access to
information) from the Company.


 


(iv)                         The Withdrawn Member must pay to the Company
all amounts owed to it by such Withdrawn Member.


 


(v)                            The Withdrawn Member shall remain obligated
for all liabilities it may have under this Agreement or otherwise with respect
to the Company that accrue prior to the Withdrawal.


 


(vi)                         The Membership Interest of the Withdrawn
Member shall be allocated among the other Members in proportion to each other
Member’s Membership Interest, or in such other proportion as such other Members
may unanimously agree.


 


ARTICLE
9


 


TAX
MATTERS


 


Section 9.1           Tax Partnership. The Members intend for the Company to be
classified as a partnership for United States federal income tax and applicable
state tax purposes. Notwithstanding any provision of the Agreement, this Article 9
shall govern with respect to federal, state and local income tax matters.
Neither the Company nor any Member may make an election for the Company to be
excluded from the application of the provisions of subchapter K of chapter 1 of
subtitle A of the Code or any similar provisions of applicable state law or to
be


 


35

















 


classified for federal income tax purposes
and applicable state tax purposes as other than a partnership.


 


Section 9.2           Capital Accounts.  A
Capital Account shall be established and maintained for each Member. Each
Member’s Capital Account (a) shall be increased by (i) the amount of
money contributed by that Member to the Company, (ii) the Book Value of
property contributed by that Member to the Company (net of liabilities secured
by the contributed property that the Company is considered to assume or take
subject to under section 752 of the Code) and (iii) allocations to that
Member of Profits and any items of income or gain allocated to such Member
pursuant to the Regulatory Allocations, and (b) shall be decreased by (i) the
amount of money distributed to that Member by the Company, (ii) the Book
Value of property distributed to that Member by the Company (net of liabilities
secured by the distributed property that the Member is considered to assume or
take subject to under section 752 of the Code), and (iii) allocations to
that Member of Losses and any items of loss or deduction allocated to such
Member pursuant to the Regulatory Allocations. The Capital Accounts shall also
be increased or decreased to reflect a revaluation of Company property pursuant
to paragraph (b) of the definition of Book Value. A Member that has more
than one Membership Interest in the Company shall have a single Capital Account
that reflects all such Membership Interests, regardless of the class of
Membership Interests owned and the time or manner in which such Membership
Interests were acquired. On the Transfer of all or part of a Membership
Interest, the Capital Account of the Transferor that is attributable to the
transferred Membership Interest shall carry over to the Transferee in
accordance with the provisions of Treasury Regulation Section 1.704-1(b)(2)(iv)(l).


 


Section 9.3           Regulatory Allocations. The following allocations shall be made in
the following order:


 


(a)                    The Losses allocated to a Member pursuant to Article 4
shall not exceed the maximum amount of Losses that can be so allocated without
causing the Member to have a deficit in its Adjusted Capital Account at the end
of the taxable year. All Losses in excess of the limitation set forth in this Section 9.3(a) shall
be allocated to the Member who does not have an Adjusted Capital Account
Deficit but only to the extent that the Losses does not cause any Member to
have an Adjusted Capital Account Deficit. Nonrecourse Deductions shall be
allocated to the Members in accordance with their Membership Interests.


 


(b)                   Member Nonrecourse Deductions attributable to
Member Nonrecourse Debt shall be allocated to the Members bearing the Economic
Risk of Loss for such Member Nonrecourse Debt as determined under Treasury
Regulation Section 1.704-2(b)(4). If more than one Member bears the
Economic Risk of Loss for such Member Nonrecourse Debt, the Member Nonrecourse
Deductions attributable to such Member Nonrecourse Debt shall be allocated
among the Members according to the ratio in which they bear the Economic Risk
of Loss. This Section 9.3(b) is intended to comply with the
provisions of Treasury Regulation Section 1.704-2(i) and shall be
interpreted consistently therewith.


 


36
















 


(c)                    Notwithstanding any other provision hereof to
the contrary, if there is a net decrease in Minimum Gain for a taxable year (or
if there was a net decrease in Minimum Gain for a prior taxable year and the
Company did not have sufficient amounts of income and gain during prior years
to allocate among the Members under this Section 9.3(c)), items of income
and gain shall be allocated to each Member in an amount equal to such Member’s
share of the net decrease in such Minimum Gain (as determined pursuant to
Treasury Regulation Section 1.704-2(g)(2)). This Section 9.3(c) is
intended to constitute a minimum gain chargeback under Treasury Regulation Section 1.704-2(f) and
shall be interpreted consistently therewith.


 


(d)                   Notwithstanding any provision hereof to the
contrary except Section 9.3(c) (dealing with Minimum Gain), if there
is a net decrease in Member Nonrecourse Debt Minimum Gain for a taxable year
(or if there was a net decrease in Member Nonrecourse Debt Minimum Gain for a
prior taxable year and the Company did not have sufficient amounts of income
and gain during prior years to allocate among the Members under this Section 9.3(d)),
items of income and gain shall be allocated to each Member in an amount equal
to such Member’s share of the net decrease in Member Nonrecourse Debt Minimum
Gain (as determined pursuant to Treasury Regulation Section 1.704-2(i)(4)).
This Section 9.3(d) is intended to constitute a partner nonrecourse
debt minimum gain chargeback under Treasury Regulation Section 1.704-2(i)(4) and
shall be interpreted consistently therewith. The Minimum Gain chargeback shall
consist first of Profits from the disposition of Company assets subject to
Nonrecourse Liabilities of the Company with the remainder of the Minimum Gain
chargeback, if any, made up of a pro rata portion of the Company’s other items
of Profits for such year and shall be determined in accordance with Treasury
Regulations sections 1.704-2(f)(6), 1.704-2(g)(2) and 1.704-2(j)(2)(i), or
any successor provisions. If such Profits from the disposition of Company
assets exceed the amount of Minimum Gain chargeback, a proportionate share of
each item of such Profits shall constitute a part of the Minimum Gain
chargeback.


 


(e)                    Notwithstanding any provision hereof to the
contrary except Section 9.3(c) and (d) (dealing with Minimum
Gain and Member Nonrecourse Debt Minimum Gain), a Member who unexpectedly
receives an adjustment, allocation or distribution described in Treasury
Regulation Section 1.704-1(b)(2)(ii)(d)(4), (5) or (6) shall be
allocated items of income and gain (consisting of a pro rata portion of each
item of income, including gross income, and gain for the taxable year) in an
amount and manner sufficient to eliminate any deficit balance in such Member’s
Adjusted Capital Account as quickly as possible. This Section 9.3(e) is
intended to constitute a qualified income offset under Treasury Regulation Section 1.704-1(b)(2)(ii)(d) and
shall be interpreted consistently therewith.


 


(f)                      In the event that any Member has a negative
Adjusted Capital Account at the end of any taxable year, such Member shall be
allocated items of Company income and gain in the amount of such deficit as
quickly as possible; provided that
an allocation pursuant to this Section 9.3(f) shall be made only if
and to the extent that such Member would have a negative Adjusted Capital
Account after all other allocations provided for in this Article 9 have
been tentatively made as if Section 9.3(e) and this Section 9.3(f) were
not in this Agreement.


 


37

















 


(g)                   The Regulatory Allocations are intended to
comply with certain requirements of Treasury Regulations sections 1.704-1 and
1.704-2. Notwithstanding any other provision of the Agreement and this Article 9
(other than the Regulatory Allocations), the Regulatory Allocations shall be
taken into account in allocating other Profits and Losses among the Members so
that, to the extent possible, the net amount of such allocations of other
Profits and Losses and the Regulatory Allocations to the Members shall be equal
to the net amount that would have been allocated to the Members if the
Regulatory Allocations had not occurred.


 


(h)                   Profits and Losses of the Company shall not
be allocated in accordance with Article 4 or any paragraph of this Article 9
other than this Section 9.3(h) if and to the extent that any such
allocation would cause the Company’s allocations not to have substantial
economic effect for purposes of section 704(b)(2) of the Code under the
economic effect equivalence test set forth in Treasury Regulations section
1.704-1(b)(2)(ii)(i), and any such Profits and Losses shall instead be
allocated to and among the Members in the amounts and in the manner necessary
to cause the Company’s allocations to comply with such economic effect
equivalence test. For purposes of this Section 9.3(h) only, it shall
be assumed that no Member is obligated to contribute to the Company any cash or
property to eliminate the deficit balance existing in its Capital Account upon
the liquidation of the Company except to the extent that such Member is
personally liable under law or by contract to satisfy a Company liability.


 


(i)                     It is intended that the allocations set forth
in Article 4 satisfy the substantial economic effect requirement of section
704(b) of the Code. However, in the event that counsel to the Company or
any Member determines that such requirements are not satisfied, the Operating
Member shall cause this Agreement to be amended in conformity with the
provisions of Section 11.7.


 


(j)                     To the extent an adjustment to the adjusted
tax basis of any Company property pursuant to Section 734 (b) or Section 743
(b) of the Code is required pursuant to Treasury Regulation Section 1.704-1(b)(2)(iv)(m)(2) or
1.704-1(b)(2)(iv)(m)(4) to be taken into account in determining Capital
Accounts as the result of a distribution to any Member in complete liquidation
of such Member’s Membership Interest, the amount of such adjustment to Capital
Accounts shall be treated as an item of gain (if the adjustment increases the
basis of the property) or loss (if the adjustment decreases such basis) and
such gain or loss shall be allocated to the Members in accordance with Treasury
Regulation Section 1.704-1(b)(2)(iv)(m)(2) if such Section applies,
or to the Member to whom such distribution was made if Treasury Regulation Section 1.704-1(b)(2)(iv)(m)(4) applies.


 


Section 9.4           Allocations for Income Tax
Purposes.


 


(a)                  All items of income, gain, loss and deduction
of the Company for income tax purposes shall be allocated in the same manner as
the corresponding item of Profits and Losses is allocated for book purposes,
except as otherwise provided in this Section 9.4.


 


38

















 


(b)                   In accordance with Section 704(c) of
the Code and the applicable Treasury Regulations thereunder, income, gain, loss
and deduction with respect to any property contributed to the Company shall,
solely for tax purposes, be allocated among the Members so as to take account
of any variation between the adjusted basis of such property to the Company for
federal income tax purposes and its initial Book Value. In the event the Book
Value of any property is adjusted pursuant to clause (b) or (d) of
the definition of Book Value, subsequent allocations of income, gain, loss and
deduction with respect to such property shall take account of any variation
between the adjusted basis of such property for federal income tax purposes and
its Book Value in the same manner as under Section 704(c) of the Code
and the applicable Regulations thereunder. For purposes of such allocations,
the Company shall elect the remedial allocation method (within the meaning of
Treasury Regulation Section 1.704-3(d)), and in applying the remedial
allocation method to depreciable property, the Company shall compute remedial
allocations using the MACRS class life for such property and (where available)
the double declining balance method of depreciation.


 


(c)                    Any recapture of depreciation or other item
of deduction shall be allocated, in accordance with Treasury Regulation
Sections 1.1245-1(e), to the Members who received the benefit of such
deductions (taking into account the effect of remedial allocations).


 


(d)                   Allocations pursuant to this Section 9.4
are solely for purposes of federal, state, and local taxes and shall not
affect, or in any way be taken into account in computing, any Member’s Capital
Account or share of Profits, Losses, other items or Distributions pursuant to
any provision of this Agreement.


 


Section 9.5           Other Allocations Provisions.


 


(a)                    All items of income, gain, loss, deduction
and credit allocable to an interest in the Company that may have been
Transferred shall be allocated between the Transferor and the Transferee based
on the portion of the calendar year during which each was recognized as the
owner of such interest, without regard to the results of Company operations
during any particular portion of that calendar year and without regard to
whether cash distributions were made to the Transferor or the Transferee during
that calendar year; provided, however, that this allocation must be made in
accordance with a method permissible under Section 706 of the Code and the
regulations thereunder.


 


(b)                   The Members’ proportionate shares of the
“excess nonrecourse liabilities” of the Company, within the meaning of Treasury
Regulation Section 1.752-3(a)(3), shall be determined in accordance with
their Membership Interests.


 


Section 9.6           Tax Returns. The Company shall cause to be prepared and
filed all necessary federal, state and local tax returns for the Company,
including making the elections described in Section 9.7. Each Member shall
furnish to the Company all pertinent information in its possession relating to
Company operations that is necessary to enable the Company’s tax returns to be
prepared and filed. The Company shall deliver to each Member a copy of such
federal, state and local income tax returns and such other accounting, tax
information and


 


39

















 


schedules (if any) as shall be reasonably
necessary for the preparation by each Member of its income tax returns.


 


Section 9.7           Tax Elections. The Tax Matters Member shall cause the
Company to make the following elections on the appropriate tax returns:


 


(a)                    to adopt the calendar year as the Company’s
Fiscal Year;


 


(b)                     to adopt the accrual method of accounting and
to keep the Company’s books and records on the income-tax method;


 


(c)                    if there is a distribution of Company
property as described in Section 734 of the Code or if there is a Transfer
of an interest in the Company as described in Section 743 of the Code, on
request by any Member, to elect, pursuant to Section 754 of the Code, to
adjust the basis of Company properties;


 


(d)                     to elect to amortize the organizational
expenses of the Company over a period of 180 months as permitted by Section 709(b) of
the Code; and


 


(e)                    any other election the Management Committee
may deem appropriate and in the best interests of the Members.


 


Section 9.8           Tax Matters Member.


 


(a)                    The tax matters partner of the Company
pursuant to Section 6231(a)(7) of the Code shall be the Operating
Member unless otherwise designated by the Management Committee. Any such Member
who is designated as the tax matters partner is referred to herein as the “Tax
Matters Member”. The Tax Matters Member shall take such action as may be
necessary to cause to the extent possible each other Member to become a notice
partner within the meaning of Section 6231(a)(8) of the Code. The Tax
Matters Member shall inform each other Member of all significant matters that
may come to its attention in its capacity as Tax Matters Member by giving
notice thereof on or before the fifth (5th)
Business Day after becoming aware thereof and, within that time, shall forward
to each other Member copies of all significant written communications it may
receive in that capacity.


 


(b)                     The Tax Matters Member shall take no action
without the authorization of the Management Committee, other than such action
as is authorized herein or may be required by Applicable Law. Any cost or
expense incurred by the Tax Matters Member in connection with its duties,
including the preparation for or pursuance of administrative or judicial
proceedings, shall be paid by the Company.


 


(c)                    The Tax Matters Member shall not enter into
any extension of the period of limitations for making assessments on behalf of
the Members without first obtaining the consent of the Management Committee.
The Tax Matters Member shall not bind any Member to a settlement agreement
without obtaining the consent of such Member. Any Member that enters into a
settlement agreement with respect to any partnership item (within the meaning
of Section 6231(a)(3) of the Code) shall notify the other Members of


 


40

















 


such settlement agreement
and its terms within ninety (90) days from the date of the settlement.


 


(d)                     No Member shall file a request pursuant to Section 6227
of the Code for an administrative adjustment of partnership items for any
taxable year without first notifying the other Members. If the Management
Committee consents to the requested adjustment, the Tax Matters Member shall
file the request for the administrative adjustment on behalf of the Members. If
such consent is not obtained within thirty (30) days from such notice, or
within the period required to timely file the request for administrative
adjustment, if shorter, any Member, including the Tax Matters Member, may file
a request for administrative adjustment on its own behalf. Any Member intending
to file a petition under Sections 6226, 6228 or other sections of the Code with
respect to any item involving the Company shall notify the other Members of
such intention and the nature of the contemplated proceeding. In the case where
the Tax Matters Member is the Member intending to file such petition on behalf
of the Company, such notice shall be given within a reasonable period of time
to allow the other Members to participate in the choosing of the forum in which
such petition will be filed.


 


(e)                    If any Member intends to file a notice of
inconsistent treatment under Section 6222(b) of the Code, such Member
shall give reasonable notice under the circumstances to the other Members of
such intent and the manner in which the Member’s intended treatment of an item
is (or may be) inconsistent with the treatment of that item by the other
Members.


 


Section 9.9           Tax Withholding. Each Member hereby agrees that the Company
shall withhold and remit any applicable United States federal income tax
obligations with respect to such Member’s interest in the Company (the “Tax
Amounts”), and that such Tax Amounts shall be treated as distributions to such
Member for all purposes of this Agreement.


 


ARTICLE
10


 


CONFIDENTIALITY
AND INTELLECTUAL PROPERTY


 


Section 10.1    Confidential
Information.


 


(a)                  “Confidential Information” shall mean all
information that is furnished by any Party (the “Disclosing Party”) to any
other Party in connection with the business of the Company (the “Receiving
Party”), whether written or oral and in whatever form or medium it is provided
and shall specifically include (i) this Agreement and other agreements
entered into by the Company, (ii) all data, records, oral discussions and
information exchanged between the Members and the Committee Members, and (iii) all
technical, financial or environmental information generated by the Company
related to its activities, but shall exclude the information specified in Section 10.1(b).


 


(b)                   The following information shall not be deemed
to be Confidential Information and the provisions of this Article 10 shall
not apply to: (i) information which is or becomes generally available to
the public other than as a result of a disclosure in


 


41

















 


violation of this Agreement;
(ii) information which becomes available to the Receiving Party on a
non-confidential basis from a source other than a Disclosing Party if such
Receiving Party had no reason to believe that such source was subject to any
prohibition against transmitting the information to such Receiving Party; and (iii) information
independently developed by the Receiving Party.


 


Section 10.2    Confidentiality Obligations.


 


(a)                  Each Receiving Party shall not disclose any
Confidential Information to any other Person without the consent of all
Parties, other than: (i) to the other Parties; (ii) to an actual or
prospective financial advisor, lender, manager of an underwriting syndicate,
legal counsel, consultant, contractor or subcontractor, in each case with a
business need to be informed; (iii) to an actual or prospective purchaser
of all or any portion of the Membership Interests of such Party or the assets
of the Company, or of a direct or indirect interest in a Member; (iv) to a
Governmental Authority or a Person to which the Disclosing Party or its
Affiliate is required by Applicable Law or the applicable rules of any
stock exchange or securities regulatory authority to disclose the Confidential
Information; (v) to a natural gas purchaser, natural gas supplier, natural
gas transporter, consultant, contractor, subcontractor or legal counsel, in
each case with a business need to be informed; and (vi) any arbitral
tribunal or court in connection with a proceeding pursuant to Section 11.1
or Section 11.3.


 


(b)                   In case of a disclosure of Confidential
Information to a third Person permitted by Section 10.2(a)(ii), Section 10.2(a)(iii) or
Section 10.2(a)(v), the Receiving Party disclosing such information shall
ensure that such third Person has signed an agreement in writing (or in the
case of Section 10.2(a)(ii) and Section 10.2(a)(v) is
otherwise bound by an obligation of confidentiality at least as restrictive as
those contained in this Agreement) to protect the Confidential Information from
further disclosure to the same extent as the Parties are obligated under this Article 10,
except in the case of any such Person which is prevented from entering into
such an agreement in accordance with Applicable Law.


 


Section 10.3    Notice Preceding Compelled Disclosure. If a Party reasonably believes it or any of
its representatives is required by Applicable Law or the applicable rules of
any stock exchange or securities regulatory authority (whether requested by
oral question, interrogatory, request for information or documents, subpoena,
civil investigative demand, similar Applicable Law or legal process or
otherwise) to disclose any Confidential Information, such Party shall promptly
notify the other Parties of such requirement as soon as it becomes aware that
such disclosure is required.


 


Section 10.4    Consultation as to Announcements. Subject to Section 10.2,
no public announcement or press release concerning the Company shall be made by
the Company or any Member without approval by the Management Committee;
provided that this Section 10.4 shall not prohibit any public announcement
or press release required to be made (a) pursuant to Applicable Law,
regulations or policies of any federal, provincial or state governmental agency
or similar agency or any stock exchange or securities regulatory authority, (b) by
the reasonable good faith judgment of the Disclosing Party as a response to any
environmental or other


 


42

















 


emergency or (c) by the Operating Member
as part of routine operations, including routine public relations, advertising
and marketing activities; provided, further, that the Party making such
announcement shall, to the extent practicable, consult with the other Parties
concerning the timing and content of such announcement before such announcement
is made and shall give a copy thereof to each of the other Parties at the same
time, or as soon as reasonably practicable after the making of such
announcement.


 


Section 10.5    Specific Performance. The Parties recognize and agree that if any
of the provisions of this Article 10 are not performed in accordance with
their specific terms or are otherwise breached, immediate and irreparable harm
or injury may be caused for which money damages would not be an adequate
remedy. Accordingly, each Party hereby agrees that, in addition to other
remedies, the Parties shall be entitled to seek an injunction restraining any
violation or threatened violation of the provisions of this Article 10 or
to seek specific performance or other equitable relief to enforce the
provisions of this Article 10.


 


Section 10.6    Proprietary Technology.


 


(a)                    “Proprietary Technology” means all of the
following rights, title, or interest in or arising under the laws of the United
States, any state, any other country, or international treaty regime, whether
or not filed, perfected, registered, or recorded, including all renewals
thereof: (i) certificates of invention and other indicia of invention
ownership, patents, patent applications, and patent rights, including any such
rights granted upon any reissue, reexamination, division, extension,
provisional, continuation, or continuation-in-part applications, and equivalent
or similar rights anywhere in the world in inventions and discoveries; (ii) rights
associated with works of authorship and literary property rights, including
copyrights, copyright applications and copyright registrations; (iii) rights
relating to confidential know-how or trade secrets, including ideas, concepts,
methods, techniques, inventions (whether patentable or unpatentable), and other
confidential information; and (iv) any rights analogous to those set forth
in the preceding clauses relating to intangible property.


 


(b)                     No Member shall be required to license or
disclose any Proprietary Technology to the Company or to any other Member or
its Affiliates.


 


(c)                    If any Member desires or is willing to make
available Proprietary Technology to the Company, such Member and the Company
shall negotiate and may enter into a license for such Proprietary Technology,
and the Company may use such Proprietary Technology pursuant to the terms of
such license.


 


Section 10.7    Continuing Obligation. The obligations of
this Article 10 shall be continuing and shall survive until the later of (i) five
(5) years after the date of execution of this Agreement or (ii) five (5) years
after the termination of this Agreement, or (iii) with respect to specific
information subject to confidentiality obligations under any separate agreement
by which the Company is bound, such longer period as required pursuant to the
terms of such agreement, and shall be binding on any Member which ceases to be
a Member until the expiration of such period.


 


43

















 


ARTICLE
11


 


MISCELLANEOUS


 


Section 11.1    Governing Law. This Agreement and the legal relations
between the Parties shall be governed by and construed in accordance with the
laws of the State of Delaware without regard to principles of conflicts of laws
that would direct the application of the laws of another jurisdiction. Each of
the Parties agrees that it shall bring any action or proceeding in respect of
any claim arising out of or related to this Agreement or the transactions
contemplated hereby exclusively in the federal Court for the Western District
of Virginia (the “Chosen Court”) and, solely in connection with claims arising
under this Agreement or the transactions contemplated hereby, (i) irrevocably
submits to the exclusive jurisdiction of the Chosen Court, (ii) waives any
objection to laying venue in any such action or proceeding in the Chosen Court,
and (iii) waives any objection that the chosen Court is an inconvenient
forum or does not have jurisdiction over it. The foregoing consents to
jurisdiction shall not constitute general consents for any purpose except as
provided herein and shall not be deemed to confer rights on any Person other
than the Parties.


 


Section 11.2    Notices. All notices, requests, demands, directions
and other communications hereunder shall be in writing and shall be given by
personal delivery or facsimile communication addressed to the Members at the
addresses set forth on Exhibit C and to the Company at the address
for notices to the Operating Member or to such other addresses or facsimile
telephone numbers as may be designated by notice given by any Party to the
other Parties. Any notice, demand, request, direction or other communication
given by personal delivery or facsimile communication shall be conclusively
deemed to have been given on the Business Day of actual delivery or transmittal
thereof if given during the normal business hours of the recipient, and on the
next Business Day during which such normal business hours next occur if not
given during such hours on any day; provided, however, that such
delivery and transmittal shall be effective only upon a confirmation (including
automatically-generated confirmations) of receipt thereof.


 


Section 11.3    Amicable Resolution of Disputes. Upon any dispute
arising under this Agreement or Management Committee deadlock, any Member may,
by written notice to the other Members, request a meeting among senior
executives designated by each Member to attempt to resolve such dispute or
deadlock by negotiation in good faith. If such dispute or deadlock is not
resolved among such senior executives within thirty (30) days, the Members may
pursue any action available to them under Applicable Law or in equity.


 


Section 11.4    Entire Agreement. This Agreement supersedes the Original LLC Agreement
and the Original LLC Agreement shall be of no further force and effect. This
Agreement, the Exhibits attached hereto and the documents to be delivered
hereunder, together with the Contribution Agreement, the schedules and exhibits
attached thereto and the documents to be delivered thereunder or in connection
with a condition to the closing thereof (the “Transaction Documents”), shall
constitute the entire agreement among the Parties pertaining to the subject
matter of the Transaction Documents, and supersede all prior agreements,
understandings, negotiations and discussions, whether oral or written, among
the Parties regarding such subject matter.


 


44

















 


Section 11.5    Severability. Upon a determination by a court of competent
jurisdiction that any term or other provision of this Agreement is invalid,
illegal or incapable of being enforced, then (i) all other conditions and
provisions of this Agreement shall nevertheless remain in full force and
effect, (ii) the Members shall negotiate in good faith to modify this
Agreement to give effect to the original economic and legal intent of the
Members as closely as possible in an acceptable manner to the end that the
transactions contemplated by the Transaction Documents are fulfilled to the
extent possible, and (iii) if the Members are unable to agree on such
modifications to this Agreement and the economic or legal substance of the
transactions contemplated by the Transaction Documents is affected in any
manner materially adverse to a Member, then the Transaction Documents shall be
interpreted to give effect to the original economic and legal intent of the
Members as closely as possible in an acceptable manner to the end that the
transactions contemplated by the Transaction Documents are fulfilled to the
extent possible. If there is a direct conflict between the provisions of this
Agreement and (a) any provision of the Certificate of Formation or (b) any
mandatory provision of the Act (or to the extent any other statutes are
incorporated into the Act, such other statutes), the applicable provision of
the Certificate of Formation, the Act or such other statutes shall control.


 


Section 11.6    No Third-Party Beneficiaries. This Agreement
shall inure to the benefit of and be binding upon only the Parties and their
respective successors and permitted assigns and no other Person shall be
entitled to enforce this Agreement, rely on any representation, warranty,
covenant or agreement contained herein, receive any rights hereunder or be a
third-party beneficiary hereof.


 


Section 11.7    Amendments and Waivers. No amendment,
supplement, waiver or termination of this Agreement shall be binding unless
executed in writing by all Members. No waiver of any of the provisions of this
Agreement shall be deemed or shall constitute a waiver of any other provisions
(whether or not similar) nor shall such waiver constitute a continuing waiver
unless otherwise expressly provided.


 


Section 11.8    Expenses of the Members; Taxes. All fees and
expenses incurred by or on behalf of any of the Members in connection with the
authorization, preparation and consummation of this Agreement shall be borne
solely by the Member who incurred such fees or expenses, including all fees and
expenses of agents, representatives, counsel and accountants employed by such
Member in connection with the authorization, preparation, execution and
consummation of this Agreement. Except as otherwise provided herein, each Party
shall be solely responsible for the payment of all Taxes imposed on it.


 


Section 11.9    No Right of Set-Off. No Member shall by virtue of this Agreement
be entitled to offset against any of its financial obligations to the Company
under this Agreement or any obligation owed to it or any of its Affiliates by
any other Member or any of such other Member’s Affiliates.


 


Section 11.10 Relationship of the Members. Nothing in this Agreement shall be construed
to create a partnership (including a limited partnership) or joint venture for
any purposes other than United States federal and state tax purposes between or
among any of the Members or to constitute any Person the guarantor of the
Company’s obligations. The obligations of the Company, each Member under or in
connection with this Agreement,


 


45

















 


including each
Member’s obligation to make Capital Contributions to the extent provided
herein, shall be the several obligations of each such Party, and not joint.
Each Member shall be jointly and severally liable for the actions, obligations
and liabilities of any other Member who is an Affiliate of such Member. Without
affecting in any manner the obligations under Section 4.2, nothing herein
shall be deemed or construed to make any Member a surety or a guarantor of the
Company or of another Person or liable to meet any obligation of the Company or
of another Person.


 


Section 11.11 Disclaimer
of Fiduciary Duties.
Each Member and Committee Member shall be entitled to exercise all voting
rights hereunder or under the Certificate of Formation in respect of its
Membership Interest in the sole interest of such Member, and shall have no
fiduciary or similar duties under this Agreement, the Certificate of Formation
or otherwise to the Company or any other Member with respect to the exercise of
such voting rights except as expressly provided by the Act. The Company and the
Members hereby expressly and irrevocably waives, to the full extent permitted
by Applicable Law, all fiduciary and similar duties under Applicable Law of
each other Member with respect to its exercise or failure to exercise any
voting rights hereunder or under the Certificate of Formation, and, to the
extent permitted by Applicable Law, agrees that it shall not raise any claim or
action against any such other Member based on a breach or alleged breach of any
fiduciary or similar duties under Applicable Law. Except as expressly provided
in this Agreement, no conflict of interest with the Company shall prevent a
Member from exercising its voting, consent or approval rights or its rights to
transfer its Membership Interests under this Agreement.


 


Section 11.12 No
Partition. In
connection with the winding-up, liquidation and dissolution of the Company,
each Member hereby irrevocably waives any and all rights that it may have to
maintain an action for partition of any of the property or assets of the
Company.


 


Section 11.13 Remedies
Cumulative. The
remedies specified in this Agreement are cumulative, and the exercise of any
remedy provided hereunder shall not preclude the exercise of any other remedy
provided hereunder or available under Applicable Law.


 


Section 11.14 Counterparts. This Agreement may be executed in one
or more counterparts, each of which shall be deemed an original, but all of
which together shall constitute one and the same instrument.


 


Section 11.15 Joint
Defense. If the
Company and one or more Members are named as defendants in any third-party
claim or cause of action arising out of or relating to this Agreement, then the
Company and such Members will, as reasonably requested by each Party, cooperate
in the joint defense of their common interests to the extent permitted by
Applicable Law and, to the extent mutually agreeable, enter into an agreement
for joint defense of the action (except as against each other).


 


[Remainder of this page left intentionally blank.]


 


46
















 


IN WITNESS WHEREOF, the
Parties have caused this Agreement to be signed and delivered by their duly
authorized representatives as of the date and year first above written.


 


	
   

  	
  COMPANY:

  
	
   

  	
   

  
	
   

  	
  NORA GATHERING, LLC

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
   

  
	
   

  	
   

  
	
   

  	
  Name:

  	
   

  
	
   

  	
   

  
	
   

  	
  Title:

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  MEMBERS:

  
	
   

  	
   

  
	
   

  	
  EQUITABLE GATHERING
  EQUITY, LLC

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
   

  
	
   

  	
   

  
	
   

  	
  Name:

  	
   

  
	
   

  	
   

  
	
   

  	
  Title:

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  PINE MOUNTAIN OIL AND GAS,
  INC.

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
   

  
	
   

  	
   

  
	
   

  	
  Name:

  	
   

  
	
   

  	
   

  
	
   

  	
  Title:

  	
   

  
								



 


 


SIGNATURE
PAGE TO AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF NORA
GATHERING, LLC


 

















 


EXHIBIT
A 


 


DEFINITIONS AND INTERPRETATION


 


Section 1.
Definitions. In
this Agreement and in any other document that references this Agreement for
definitions, the following terms shall have the meanings assigned or referenced
below:


 


“Act”  means the
Delaware Limited Liability Company Act.


 


“Adjusted
Capital Account” shall mean, with respect to any Member,
the Capital Account maintained for such Member, (a) increased by any
amounts that such Member is obligated to restore or is treated as obligated to
restore under Treasury Regulation Sections 1.704-1(b)(2)(ii)(c), 1.704-2(g)(1) and
1.704-2(i)(5)), and (b) decreased by any amounts described in Treasury
Regulation Section 1.704-1(b)(2)(ii)(d)(4), (5) and (6) with
respect to such Member.


 


“Affiliate”  means, with
respect to any Person, a Person that directly or indirectly controls, is
controlled by or is under common control with such Person, with control in such
context meaning (i) the power to direct the vote of more than fifty
percent (50%) of the voting shares or other securities of such Person through
ownership, pursuant to a written agreement, or otherwise or (ii) the power
to direct the management and policies of a Person through ownership of voting
shares or other securities, pursuant to a written agreement, or otherwise. For
the purposes of this Agreement, the Company shall not be considered an
Affiliate of a Member or such Member’s Affiliates so long as it is owned
equally by each Member taken together with its Affiliates.


 


“Agreement”  has the meaning
set forth in the preamble.


 


“Alternate
Representative”  has the meaning set forth in Section 3.1(b).


 


“AMI”  has the meaning
given to such term in the Operating Agreement.


 


“Annual
Budget”  has the meaning set forth in Section 3.4(a).


 


“Applicable
Law”  means all laws, statutes, rules, regulations, ordinances,
orders, requirements and codes of Governmental Authorities.


 


“Approved
Affiliate Transactions”  means (i) that certain Gas Gathering
Agreement dated as of July 1, 1995, by and between Equitable Resources
Exploration, a division of Equitable Resources Energy Company, Penn Virginia
Resources Corporation, the Olin R. Prather Revocable Trust, John W. Gillespie
and R. Hagan Kohler; (ii) that certain Services Agreement dated as of January 1,
2005, by and between EPC and EGEL; and (iii) that certain Interconnect
Agreement by and between Kentucky West Virginia Gas Company and EGEL dated as
of the date hereof.


 


“Approved Annual Budget”  has the meaning set forth in Section 3.4(b).


 


A-1

















 


“Book
Value”  means, with respect to any property, such
property’s adjusted basis for federal income tax purposes, except as follows:


 


(a)       The initial Book Value
of any property contributed by a Member to the Company shall be the fair market
value of such property as determined by the Management Committee;


 


(b)      The Book Values of all
properties shall be adjusted to equal their respective fair market values as
determined by the Management Committee in connection with (i) the acquisition
of an additional interest in the Company by any new or existing Member in
exchange for more than a de minimis capital
contribution to the Company, (ii) the distribution by the Company to a
Member of more than a de minimis amount of property as consideration
for an interest in the Company, (iii) the liquidation of the Company
within the meaning of Treasury Regulation Section 1.704-1(b)(2)(ii)(g), (iv) the
grant of an interest in the Company (other than a de minimis interest) as consideration for
the provision of services to or for the benefit of the Company by an existing
Member acting in a Member capacity, or by a new Member acting in a Member
capacity or in anticipation of being a Member or (v) any other event to
the extent determined by the Managers to be necessary to properly reflect Book
Values in accordance with the standards set forth in Treasury Regulation Section 1.704-1(b)(2)(iv)(q);
provided that adjustments pursuant to clauses (i) and (ii) above
shall be made only if the Management Committee reasonably determines that such
adjustments are necessary or appropriate to reflect the relative economic
interests of the Members in the Company;


 


(c)       The Book Value of
property distributed to a Member shall be the fair market value of such
property as determined by the Management Committee; and


 


(d)      The Book Value of all
properties shall be increased (or decreased) to reflect any adjustments to the
adjusted basis of such property pursuant to Section 734(b) or Section 743(b) of
the Code, but only to the extent that such adjustments are taken into account
in determining Capital Accounts pursuant to Treasury Regulation Section 1.704-1(b)(2)(iv)(m) and
clause (f) of the definition of Profits and Losses; provided, however,
Book Value shall not be adjusted pursuant to this clause (d) to the extent
the Management Committee determines that an adjustment pursuant to clause (b) hereof
is necessary or appropriate in connection with the transaction that would
otherwise result in an adjustment pursuant to this clause (d).


 


If the Book
Value of property has been determined or adjusted pursuant to clause (b) or
(d) hereof, such Book Value shall thereafter be adjusted by the
Depreciation taken into account with respect to such property for purposes of
computing Profits and Losses.


 


“Business
Day”  means a day other than a Saturday or Sunday on which banks
are permitted to be open for business in Pittsburgh, Pennsylvania or Fort
Worth, Texas.


 


“Capital
Account”  shall mean the Capital Account established and
maintained for each Member pursuant to Section 9.2.


 


“Capital
Contribution”  means any contribution in cash, property or as
otherwise provided herein to the capital of the Company by a Member with
respect to its Membership Interest.


 


A-2

















 


“Cash
Value”  means the portion of the total monetary value
(expressed in U.S. dollars) of the consideration being offered by a Proposed
Transferee (including without limitation any cash, other assets, and Tax
Savings to a Transferor from a non-cash deal) that reasonably should be
allocated to any First Refusal Membership Interests that are subject to a
proposed Transfer.


 


“Cash
Transfer”  means any Transfer where the sole consideration
(other than the assumption of obligations and liabilities associated with the
transferred Membership Interests) takes the form of cash, cash equivalents or
promissory notes.


 


“Certificate
of Formation”  has the meaning
set forth in Section 2.1.


 


“Chosen
Court”  has the meaning set forth in Section 11.1.


 


“Code” means the Internal Revenue Code of
1986, as amended.


 


“Committee Member” has the meaning set
forth in Section 3.1(b).


 


“Company” has the meaning set forth in the
preamble.


 


“Confidential Information” has the meaning
set forth in Section 10.1(a). 


 


“Connecting Pipeline Facility” has the
meaning set forth in Section 3.5(c). 


 


“Construction Notice” has the meaning set
forth in Section 2.11(b). 


 


“Contract
Area”  has the meaning set forth in the Operating Agreement. 


 


“Contract
Operating Agreement”  has the meaning set forth in Section 3.7.



 


“Contribution
Agreement”  has the meaning set forth in the preamble.


 


“Curtailment”  means any
constraint, operational or otherwise outside of the reasonable control of the
Company, on the Gathering System or any pipeline system interconnected with the
Gathering System that limits, in whole or in part, the amount of gas that
Company is able to receive, transport or deliver on all or part of the
Gathering System.


 


“Deemed
Tax Transfer”  has the meaning
set forth in Section 6.7(c).


 


“Defaulted
Contribution”  means the unpaid amount of any Capital
Contribution by a Defaulting Member, together with any accrued and unpaid
interest thereon calculated as set forth in Section 7.1(a).


 


“Defaulting
Member”  means a Member as to which a Funding Default has
occurred and is continuing.


 


“Delivery
Points”  has the meaning in Section 3.3(a)(xxvi).


 


“Depreciation”  means, for each
taxable year, an amount equal to the depreciation, amortization or other cost
recovery deduction allowable for federal income tax purposes with 


 


A-3

















 


respect to
property for such taxable year, except that (A) with respect to any
property the Book Value of which differs from its adjusted tax basis for
federal income tax purposes and which difference is being eliminated by use of
the remedial allocation method pursuant to Treasury Regulation Section 1.704-3(d),
Depreciation for such taxable year shall be the amount of book basis recovered
for such taxable year under the rules prescribed by Treasury Regulation Section 1.704-3(d)(2),
and (B) with respect to any other property the Book Value of which differs
from its adjusted tax basis at the beginning of such taxable year, Depreciation
shall be an amount which bears the same ratio to such beginning Book Value as
the federal income tax depreciation, amortization, or other cost recovery
deduction for such taxable year bears to such beginning adjusted tax basis;
provided that if the adjusted tax basis of any property at the beginning of
such taxable year is zero, Depreciation with respect to such property shall be
determined with reference to such beginning value using any reasonable method
selected by the Management Committee.


 


“Disclosing Party” has the meaning set
forth in Section 10.1(a). 


 


“Disagreeing
Parties”  has the meaning set forth in Section 6.5(f).



 


“Disagreement
Notice”  has the meaning set forth in Section 6.5(f).



 


“Dissolution
Event”  has the meaning set forth in Section 8.1.


 


“Distribution”  means any
distribution by the Company by means of any dividend or other payment of
Profits, whether in cash, equity interests or otherwise, any payment or
application of any of its assets to purchase, redeem or otherwise retire the
Membership Interests held by a Member, any distribution by way of reduction of
capital, split-up and liquidation or otherwise in respect of any of the
Membership Interests held by such Member.


 


“Economic
Risk of Loss”  has the meaning assigned to that term in
Treasury Regulation Section 1.752-2(a).


 


“EGEL”  has the meaning
set forth in the recitals.


 


“Electing Non-Affiliated Members” has the meaning set forth in Section 6.5(c).


 


“Encumber” means to pledge, charge, grant
a security interest in, encumber or hypothecate the asset or property in
question.


 


“EPC” has the meaning set forth in the
recitals.


 


“ET Blue
Grass Company”  means ET Blue Grass Company, a Delaware
corporation.


 


“Existing
Agreements”  means that certain Gas Gathering Agreement dated
as of July 1, 1995, by and between Equitable Resources Exploration, a
division of Equitable Resources Energy Company, Penn Virginia Resources
Corporation, the Olin R. Prather Revocable Trust, John W. Gillespie and R.
Hagan Kohler.


 


“First Priority Gas” has the meaning set forth in Section 2.12.


 


A-4

















 


“First Refusal Period” has the meaning set
forth in Section 6.5(a).


 


“First Refusal Membership Interests”  has the meaning
set forth in Section 6.5(a).


 


“Fiscal
Year”  means the calendar year ending on December 31, subject
to any shorter initial period ending on December 31 and to any shorter
final period, or such other period as may be determined by approval of the
Management Committee.


 


“Fourth
Priority Gas”  has the meaning
in Section 2.12.


 


“Funding
Default”  means a failure by a Member to make any Capital
Contribution required to be made by it pursuant to the terms of this Agreement
within thirty (30) days following the due date therefor.


 


“Funding
Member”  has the meaning set forth in Section 7.2(a).


 


“Gathering
Agreement”  has the meaning set forth in Section 2.12.


 


“Gathering
Assets”  has the meaning set forth in the preamble.


 


“Gathering
System”  means the Gathering Assets along with any
gathering and associated assets constructed or acquired by the Company, less
any gathering or associated assets transferred or otherwise disposed of by the
Company, that are owned, controlled and operated at the relevant time by the
Company. The Parallel Pipeline described in Section 3.5 shall not be
considered part of the Gathering System.


 


“Governmental
Authority”  means any government and/or any political
subdivision thereof, including departments, courts, commissions, boards,
bureaus, ministries, agencies or other instrumentalities.


 


“Governmental
Authorizations”  means any authorization, consent, approval,
license, ruling, permit, certification, exemption, exoneration or registration
by or with any Governmental Authority.


 


“Initial
Report”  has the meaning set forth in Section 6.5(f).


 


“LIBOR”  means for any
month, the rate per annum equal to the London Interbank Offered. Rate for one month dollar deposits as
reported in The Wall Street Journal as of the first Business Day of the
applicable month.


 


“Majority
WI Member”  has the meaning set forth in Section 3.6. 


 


“Management
Committee”  has the meaning set forth in Section 3.1(b).


 


“Member”  means any Person
executing this Agreement as of the date of this Agreement as a Member or
hereafter admitted to the Company as a Member as provided in this Agreement,
but such term does not include any Person who has ceased to be a Member in the
Company.


 


“Member
Interconnect Agreement”  has the meaning set forth in Section 3.5(c).


 


A-5

















 


“Member
Nonrecourse Debt”  has the meaning assigned to the term “partner
nonrecourse debt” in Treasury Regulation Section 1.704-2(b)(4).


 


“Member
Nonrecourse Debt Minimum Gain”  has the meaning assigned to the term
“partner nonrecourse debt minimum gain” in Treasury Regulation Section 1.704-2(i)(2).


 


“Member
Nonrecourse Deductions”  has the meaning assigned to the term
“partner nonrecourse deductions” in Treasury Regulation Section 1.704-2(i)(1).


 


“Membership
Interest”  means with respect to any Member, as provided by
the Act and this Agreement, (a) that Member’s status as a Member of the
Company; (b) that Member’s share of the income, gain, loss, deduction and
credits of, and the right to receive distributions from, the Company; (c) all
other rights, benefits and privileges enjoyed by that Member in its capacity as
a Member, including that Member’s rights to vote, consent and approve and
otherwise to participate in the management of the Company, including through
the Management Committee; and (d) all obligations, duties and liabilities
imposed on that Member in its capacity as a Member, including any obligations
to make Capital Contributions. The Membership Interests from time to time held
by Members in the Company are set forth in Exhibit C.


 


“Minimum
Gain”  shall mean the aggregate gain, if any, that
would be realized by the Company for purposes of computing income or loss with
respect to each Company asset if each Company asset were disposed of by the
Company in a taxable transaction in full satisfaction of all Nonrecourse
Liabilities of the Company secured by such asset. Minimum Gain with respect to
each Company asset shall be further determined in accordance with the rules of
Treasury Regulations section 1.704-2(d) and any subsequent rule or
regulation governing the determination of minimum gain. A Member’s share of
Minimum Gain at the end of any Company year shall equal the aggregate
Nonrecourse Deductions allocated to such Member (or its predecessors in
interest) up to that time, less such Member’s (and predecessors’) aggregate
share of decreases in Minimum Gain determined in accordance with Treasury Regulations
section 1.704-2(g).


 


“Nonrecourse
Deductions”  has the meaning assigned to that term in
Treasury Regulation Section 1.704-2(b).


 


“Nonrecourse
Liability”  has the meaning assigned to that term in
Treasury Regulation Section 1.752-1(a)(2).


 


“Non-Affiliated
Members”  has the meaning set forth in Section 6.5(a). 


 


“Non-Cash
Consideration”  has the meaning set forth in Section 6.5(a).



 


“Non-Defaulting
Member”  has the meaning set forth in Section 7.1(b). 


 


“Non-Transferor
Members”  has the meaning set forth in Section 6.7(a).


 


“Nora-T/Kentucky West
Interconnect”  has the meaning set forth in Section 3.3(a).



 


“Nora-T Line”  means the
pipeline depicted on Exhibit F.


 


A-6

















 


“Operating
Agreement”  means that certain Operating Agreement dated of
even date herewith, by and between EPC and PMOG.


 


“Operating
Member”  has the meaning set forth in Section 3.2(a).



 


“Original
LLC Agreement”  has the meaning set forth in the recitals. 


 


“Parallel
Pipeline”  has the meaning set forth in Section 3.5(d).



 


“Parties”  means each of
the Members and the Company.


 


“Person”  means any
individual, corporation, partnership, joint venture, limited liability company,
association, trust, unincorporated organization, state enterprise or governmental
or any agency or political subdivision thereof.


 


“PMOG”  has the meaning
set forth in the recitals.


 


“Presenting
Member”  has the meaning set forth in Section 2.11(b).


 


“Principal
Representative”  has the meaning set forth in Section 3.1(b).


 


“Profits”  or “Losses”  means, for each
taxable year, an amount equal to the Company’s taxable income or loss for such
taxable year, determined in accordance with Section 703(a) of the
Code (for this purpose, all items of income, gain, loss, or deduction required
to be stated separately pursuant to Section 703(a)(1) of the Code
shall be included in taxable income or loss), with the following adjustments
(without duplication):


 


(a)           Any income of the Company that is
exempt from federal income tax and not otherwise taken into account in
computing Profits or Losses shall be added to such taxable income or loss;


 


(b)           Any expenditures of the Company
described in Section 705(a)(2)(B) of the Code or treated as Section 705(a)(2)(B)
expenditures pursuant to Treasury Regulation Section 1.704-1(b)(2)(iv)(i),
and not otherwise taken into account in computing Profits or Losses shall be
subtracted from such taxable income or loss;


 


(c)           In the event the Book Value of any
asset is adjusted pursuant to clause (b) or clause (c) of the definition
of Book Value, the amount of such adjustment shall be treated as an item of
gain (if the adjustment increases the Book Value of the asset) or an item of
loss (if the adjustment decreases the Book Value of the asset) from the
disposition of such asset and shall be taken into account for purposes of
computing Profits or Losses;


 


(d)           Gain or loss resulting from any
Disposition of property with respect to which gain or loss is recognized for
federal income tax purposes shall be computed by reference to the Book Value of
the property disposed of, notwithstanding that the adjusted tax basis of such
property differs from its Book Value;


 


A-7

















 


(e)           In lieu of the depreciation,
amortization, and other cost recovery deductions taken into account in
computing such taxable income or loss, there shall be taken into account
Depreciation for such taxable year;


 


(f)            To the extent an adjustment to the
adjusted tax basis of any property pursuant to Section 734(b) of the
Code is required, pursuant to Treasury Regulation Section 1.704-1(b)(2)(iv)(m)(4),
to be taken into account in determining Capital Accounts as a result of a
distribution other than in liquidation of a Member’s interest in the Company,
the amount of such adjustment shall be treated as an item of gain (if the
adjustment increases the basis of the asset) or an item of loss (if the
adjustment decreases such basis) from the disposition of such asset and shall
be taken into account for purposes of computing Profits or Losses; and


 


(g)           Any items that are allocated pursuant
to the Regulatory Allocations shall not be taken into account in computing
Profits and Losses, and the amounts of the items of income, gain, loss or
deduction available to be allocated pursuant to the Regulatory Allocations
shall be determined by applying rules analogous to those set forth in clauses (a) through
(f) hereof.


 


“Promissory
Note”  means that certain note of ET Blue Grass
Company, dated as of the date hereof, payable to the Company.


 


“Proposed
Facility”  has the meaning set forth in Section 2.11(b).



 


“Proposed
Transferee”  has the meaning set forth in Section 6.5(a).



 


“Proprietary
Technology”  has the meaning set forth in Section 10.6(a).


 


“PUHCA”  means the
Public Utility Holding Company Act of 2005, 16 U.S.C. § 16451, et seq., as
amended from time to time.


 


“Receiving
Party”  has the meaning set forth in Section 10.1(a).


 


“Redirected
Distribution”  has the meaning set forth in Section 7.3(b).


 


“Regulatory
Allocations”  means the allocations set forth in Section 9.3.


 


“Representative”  has the meaning
set forth in Section 3.1(b).


 


“Second
Priority Gas”  has the meaning set forth in Section 2.12.


 


“Segmented
Segment”  has the meaning set forth in Section 3.6.


 


“Tax
Amounts”  has the meaning set forth in Section 9.9.


 


“Tax
Matters Member”  has the meaning set forth in Section 9.8(a).


 


“Tax
Savings”  means the actual reduction in tax liability that
has been or will be realized and that would not have been realized but for the
relevant Transfer.


 


A-8

















 


“Taxes”  means all taxes
and similar governmental charges, imposts, levies, fees and assessments,
however denominated (including income taxes, business asset taxes, franchise
taxes, net worth taxes, capital taxes, estimated taxes, withholding taxes, use
taxes, gross or net receipts taxes, sales taxes, transfer taxes or fees, excise
taxes, real and personal property taxes, ad valorem taxes, value added taxes,
payroll related taxes, employment taxes, unemployment insurance, social
security taxes, minimum taxes, and import duties and other obligations of the
same or a similar nature), together with any related liabilities, penalties,
fines, additions to tax or interest, imposed at the national, state or
municipal level.


 


“Technical
Termination”  has the meaning set forth in Section 6.7(a).


 


“Term”  has the meaning
set forth in Section 2.6.


 


“Third
Priority Gas”  has the meaning set forth in Section 2.12. 


 


“Transaction
Documents”  has the meaning set forth in Section 11.4.


 


“Transfer”  means to sell,
transfer or assign, distribute or otherwise dispose of the asset or property in
question excluding actions to Encumber such asset or property. Notwithstanding
anything to the contrary in the preceding sentence, “Transfer” shall not include
any indirect transfer by change of control, merger, consolidation or
reorganization.


 


“Transfer
Notice”  has the meaning set forth in Section 6.5(a).


 


“Transfer
Price”  has the meaning set forth in Section 6.5(a).


 


“Transferee”  means a Person
who has received Membership Interest by means of a Transfer.


 


“Transferring
Party”  has the meaning set forth in Section 6.5(a).


 


“Transferor”  has the meaning
as set forth in Section 6.2(b)(ii).


 


“Treasury
Regulations”  shall mean the United States Treasury Regulations
promulgated pursuant to the Code.


 


“Unbalanced
Segment”  has the meaning set forth in Section 3.6.


 


“U.S.
GAAP”  means accounting principles generally accepted in the
United States, as in effect from time to time; all accounting terms not
otherwise defined herein shall have the meanings assigned to them in accordance
with U.S. GAAP; and, except as otherwise expressly provided herein, the term
“U.S. GAAP” with respect to any computation required or permitted hereunder
shall mean such accounting principles as are generally accepted at the date of
such computation.


 


“Voting
Securities”  means any shares, capital stock, other
securities or equity interests which ordinarily have voting power for the
election of the directors, managers or other Persons performing similar
functions.


 


A-9
















 


“Wider Transaction” has the meaning set forth in Section 6.5(d).



 


“Withdrawn Member” has the meaning set forth in Section 8.4(a).


 


Section 2.
Interpretation. For
all purposes of this Agreement, except as otherwise expressly-provided herein
or unless the context otherwise requires:


 


(a)       the terms defined in
this Agreement include the plural as well as the singular and vice versa;


 


(b)      words importing gender
include all genders;


 


(c)       any reference to an “Article,” “Section” or “Exhibit” refers
to an Article or Section of, or Exhibit to, this Agreement;


 


(d)      any reference to this
Agreement refers to this Agreement, including all Exhibits and Schedules
hereto, and the words “herein,”
“hereof,” “hereto” and “hereunder” and other words of similar
import refer to this Agreement and its Appendices as a whole and not to any
particular Article, Section, Exhibit or other subdivision; provided,
however, that none of the agreements the forms of which are attached hereto as
Exhibits shall be binding on or enforceable against any Member or its
Affiliates unless and until such agreements are duly executed by all of the
respective parties thereto;


 


(e)       references made to “days,” “months” and “years” refer to calendar days, months and years,
respectively;


 


(f)       any time period provided
for in this Agreement which expires on a day which is not a Business Day shall
expire on the next succeeding Business Day;


 


(g)      any reference to an
agreement in this Agreement means such agreement as it may be amended and
restated from time to time; and


 


(h)      “including” means “including but
not limited to.”


 


A-10

















 


EXHIBIT B




CERTIFICATE OF FORMATION


 


[See
attached.]


 


B-1

















 


	
   

  	
  

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  The First State

  	
   

  



 


I, HARRIET SMITH WINDSOR, SECRETARY OF STATE
OF THE
STATE OF DELAWARE,
DO HEREBY
CERTIFY
THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF FORMATION OF “NORA GATHERING, LLC”, FILED IN
THIS OFFICE
ON THE TENTH DAY OF APRIL , A.D. 2007, AT 12:30 O’CLOCK P.M.


 


 


	
   

  	
  [SEAL]

  	
  /s/
  Harriet Smith Windsor

  
	
   

  	
  Harriet
  Smith Windsor, Secretary
  of State

  
	
  4331718   8100

  	
  AUTHENTICATION: 

  	
  5581004

  
	
   

  	
   

  	
   

  
	
  070416867

  	
  DATE :

  	
   04-10-07

  



 


1

















 


	
   

  	
  State of Delaware

  
	
   

  	
  Secretary of State

  
	
   

  	
  Division of Corporations

  
	
   

  	
  Delivered 01:04 PM 04/10/2007

  
	
   

  	
  FILED 12:30 PM 04/10/2007

  
	
   

  	
  SRV 070416867 - 4331719 FILE

  



 


CERTIFICATE
OF FORMATION


 


OF


 


NORA
GATHERING, LLC


 


1. The name of the limited
liability company is “Nora Gathering, LLC.”


 


2. The address of its
registered office in the State of Delaware is Corporation Trust Center, 1209
Orange Street, in the City of Washington, County of New Castle, Delaware 19801. The name of its registered agent at such address is The Corporation
Trust Company.


 


IN WITNESS WHEREOF, the
undersigned has executed this Certificate of Formation of Nora Gathering, LLC
this 9th day of April , 2007.


 


	
   

  	
  Equitable Gathering Equity,
  LLC,

  
	
   

  	
  the sole member

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  /s/ Jean F. Marks

  
	
   

  	
  By:

  
	
   

  	
  Name:  Jean F. Marks

  
	
   

  	
  Title:   Assistant Secretary

  



 

















 


EXHIBIT
C 




SCHEDULE OF OWNERSHIP


 


	
   

  	
   

  	
  Membership
  Interest

  	
   

  
	
  Member’s
  Name and Address

  	
   

  	
  (expressed
  as a percentage)

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Equitable Gathering Equity, LLC

   

  225 North
  Shore Drive

  Pittsburgh, Pennsylvania 15212

  Attention: Corporate Secretary

  Telephone: (412)553-5700

  Telecopy: (412)553-7781

  	
   

  	
  50

  	
  %

  
	
   

  	
   

  	
   

  	
   

  
	
  Pine Mountain Oil and Gas, Inc.

   

  777 Main
  Street, Suite 800

  Fort Worth, Texas 76102

  Attention: Chad Stephens

  Telephone: (810) 817-1929

  Telecopy: (810) 817-1990

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  With a copy to:

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  125 State
  Route 43

  P.O. Box 550

  Hartville, OH 44632

  Attention: Jeffery A. Bynum

  Telephone: (330) 877-6747

  Telecopy: (330) 877-2689

  	
   

  	
  50

  	
  %

  
	
   

  	
   

  	
   

  	
   

  
	
  Total

  	
   

  	
  100

  	
  %

  



 


C-1

















 


EXHIBIT
D 




FORM OF
GAS GATHERING AGREEMENT FOR MEMBERS AND AFFILIATES


 


[See
attached.]


 


D-1

















 


GAS
GATHERING AGREEMENT


 


THIS GAS
GATHERING AGREEMENT (“Agreement”) is entered into this       
of April , 2007, by and between NORA GATHERING, LLC, a limited liability
company organized under the laws of Delaware (“Gatherer”), and Equitable
Energy, LLC, a limited liability company organized under the laws of Delaware
(“Shipper”).


 


WHEREAS,
Gatherer owns certain natural gas gathering lines located in the Commonwealth
of Virginia;


 


WHEREAS,
Shipper has available certain supplies of natural gas (which natural gas
Shipper has purchased from one or more members of the Gatherer and such Natural
Gas has been produced from wells in which one or more of such members own a
working interest) which it desires to have gathered by Gatherer by use of
Gatherer’s natural gas gathering lines located in the Commonwealth of Virginia;


 


WHEREAS,
Shipper has requested that Gatherer provide gathering services for such natural
gas, on behalf of Shipper, by receiving quantities of such natural gas and
redelivering such quantities less the Gas Retention Percentage (as hereinafter
defined) for Shipper’s account; and


 


WHEREAS, Shipper and Gatherer desire to set a
gathering fee (with escalator) for the Shipper’s gas to be gathered pursuant to
this Agreement.


 


NOW THEREFORE, in consideration of the premises and
covenants contained herein, Gatherer and Shipper hereby agree as follows.


 


ARTICLE I 

DEFINITIONS


 


For the
purposes of this Agreement, the following definitions shall be applicable:


 


“Affiliate”
means, with respect to any Person, a Person that directly or indirectly
controls, is controlled by or is under common control with such Person, with
control in such context meaning (i) the power to direct the vote of more
than fifty percent (50%) of the voting shares or other securities of such
Person through ownership, pursuant to a written agreement, or otherwise or (ii) the
power to direct the management and policies of a Person through ownership of
voting shares or other securities, pursuant to a written agreement, or
otherwise.


 


“Btu” shall
mean the amount of heat required to raise the temperature of one avoirdupois
pound of pure water from fifty-eight and five-tenths degrees (58.5) Fahrenheit
to fifty-nine and five-tenths degrees (59.5) Fahrenheit at a constant pressure
of fourteen and seventy-three hundredths (14.73) Psia. Where appropriate, Btu
shall mean the plural of the aforementioned definition.


 


“Chosen Court”
has the meaning set forth in Section 13.4.


 


“Commencement
Date” shall mean           ,
2007.


 


1

















 


“Cubic feet”
or “cubic foot” shall mean the volume of Natural Gas which occupies one (1) cubic
foot of space at a temperature of sixty degrees (60) Fahrenheit and an absolute
pressure of fourteen and seventy-three hundredths (14.73) pounds per square
inch absolute.


 


“Day” shall
mean that period of time beginning at 10:00 a.m. Eastern Prevailing Time
(“EPT”) on each calendar day and ending at 10:00 a.m. EPT on the following
calendar day. “Eastern Prevailing Time” or “EPT” shall mean the prevailing time
(i.e. Standard Time or Daylight Savings Time) on any given day in the Eastern
Time zone.


 


“Dth” or
“Dekatherm” shall mean one million Btu.


 


“Dry Gas”
shall mean Natural Gas containing no water vapor.


 


“Electric
Compression Rate” shall mean the rate per Dth for compression costs described
on Exhibit C.


 


“Electronic
Measurement” shall mean that form of measurement consisting of flow computers
or computerized remote terminal units, electronic transducers, and associated
power, data communications and other electronic equipment to accomplish the
measurement of Natural Gas and transfer of data without the use of charts or
other paper recordings.


 


“Equivalent
Quality/Quantity” shall mean that quality and quantity of Natural Gas delivered
at the Point(s) of Delivery which is of similar quality and the thermal
equivalent of the quantity of Shipper’s Natural Gas received at the Point(s) of
Receipt, less the Gas Retention Percentage.


 


“GAAP” has the
meaning set forth in Section 13.7(b).


 


“Gas” or
“Natural Gas” shall mean a mixture of hydrocarbon and nonhydrocarbon gases, and
shall include casinghead gas produced with crude oil, gas produced from gas
wells, including coalbed methane wells, and residue gas resulting from
processing both casinghead gas and gas well gas.


 


“Gas Retention
Percentage” shall mean the percentage of Natural Gas per Dth retained by
Gatherer as described on Exhibit C.


 


“Gathering
Rate” shall mean the rate per Dth for deliveries off the Gathering System as
described on Exhibit C.


 


“Gathering
System” shall mean the pipelines and appurtenant facilities described on Exhibit D
along with any gathering and associated assets constructed or acquired by
Gatherer from time to time less any gathering or associated assets transferred
or otherwise disposed of by Gatherer from time to time.


 


“Governmental
Authority” shall mean any government and/or any political subdivision thereof,
including departments, courts, commissions, boards, bureaus, ministries,
agencies or other instrumentalities.


 


2

















 


“Gross Heating
Value” shall mean the number of Btu’s liberated by the complete combustion of
constant pressure of one (1) cubic foot of Dry Gas, at a base temperature
of sixty (60) degrees Fahrenheit and a referenced pressure base of fourteen and
seventy-three hundredths (14.73) Psia, with air of the same temperature and
pressure of the Gas, after products of combustion are cooled to the initial
temperature of the Gas, and after the water of the combustion is condensed to a
liquid state. The Gross Heating Value of the Gas shall be corrected for the
water vapor content of the Gas being delivered; provided, however that if the
water vapor content of the Gas is seven (7) pounds or less per one million
(1,000,000) cubic feet, the Gas shall be deemed to be dry and no correction
will be made.


 


“Mcf” shall
mean one thousand (1,000) cubic feet of Gas.


 


“MMBtu” shall
mean one million (1,000,000) Btu.


 


“Month” shall
mean a period of time beginning at 10:00 a.m. EPT on the first Day of a
calendar month and ending at 10:00 a.m. EPT on the first Day of the
following calendar month.


 


“Natural Gas”
has the meaning set forth in the definition of Gas.


 


“Notice” has
the meaning set forth in Section 14.1.


 


“Person” shall
mean any individual, corporation, partnership, limited liability company,
trust, estate, Governmental Authority or any other entity.


 


“Point(s) of
Delivery” shall mean the point(s) at which Gatherer tenders delivery of
the Natural Gas to Shipper as further described in Section 3.2.


 


“Point(s) of
Receipt” shall mean the point(s) at which Shipper tenders and surrenders
control of the Natural Gas to Gatherer as further described in Section 3.1.


 


“Psia” shall
mean pounds per square inch absolute.


 


“Psig” shall
mean pounds per square inch gauge.


 


“Unauthorized
Gas” shall mean all Natural Gas introduced by Shipper, whether intentionally or
otherwise, into Gatherer’s facilities which is not authorized by this
Agreement.


 


ARTICLE
II 

SERVICE


 


2.1.  Service. Subject to the terms and provisions of this Agreement and all
of the General Terms and Conditions set forth on Exhibit A,
Gatherer agrees to accept and receive from Shipper at the Point(s) of
Receipt such quantities of Natural Gas as may be tendered by Shipper at the
Point(s) of Receipt; provided, however, that Gatherer shall only be
obligated to accept on any Day that quantity of Natural Gas which Gatherer
determines, in its sole and reasonable discretion, it has the capacity to
receive and deliver (less the Gas Retention Percentage). Gatherer shall deliver
and Shipper shall accept at the Point(s) of Delivery, on a Monthly basis,
an


 


3

















 


Equivalent
Quality/Quantity of Natural Gas as the quality and quantity of Natural Gas
received by Gatherer for Shipper at the Point(s) of Receipt for gathering
hereunder. The parties hereto acknowledge that the Natural Gas subject to this
Agreement is Natural Gas that Shipper has purchased from one or more members of
the Gatherer and such Natural Gas has been produced from wells in which one or
more of such members own a working interest.


 


2.2.      Conditions
to Service. Gathering services will be provided hereunder subject to:
(i) Gathering System capacity, as reasonably determined by Gatherer; (ii) availability
of downstream or delivery point capacity; (iii) Gatherer’s terms and
conditions for service as set forth herein (including but not limited to
creditworthiness requirements); and (iv) force majeure as set forth in Article XI.
Gatherer shall not be required to perform service hereunder should Shipper fail
to comply in any material respect with any provision of this Agreement.


 


2.3.     Commingling
of Natural Gas. From the time any Natural Gas is received by Gatherer at
the Point(s) of Receipt, Gatherer shall have the right to commingle such
Natural Gas  with other
Natural Gas in the Gathering System. Shipper expressly acknowledges and agrees
that the Natural Gas it receives at the Point(s) of Delivery may be
different molecules of Natural Gas from those it is delivered at the Point(s) of
Receipt but Gatherer agrees such Natural Gas that is delivered to Shipper at
the Point(s) of Delivery shall be of Equivalent Quality/Quantity to the
Natural Gas received by Gatherer from Shipper at the Point(s) of Receipt.


 


ARTICLE
III 

POINT(S) OF RECEIPT AND DELIVERY


 


3.1.     Point(s) of
Receipt. The Point(s) of Receipt for all Gas to be gathered hereunder
shall be the inlet flange of each meter set forth on Exhibit B, as
amended from time to time.


 


3.2.     Point(s) of
Delivery. The Point(s) of Delivery for all Gas gathered hereunder
shall be the tap and measurement station(s) as set forth on Exhibit B.


 


3.3.     Gatherer’s
Facilities. Gatherer shall have no obligation to construct, modify, improve,
alter or relocate any of its facilities to provide service under this
Agreement. Nothing in this Agreement shall prohibit Gatherer in its sole
discretion from abandoning any portion of its facilities, installing
compression, or constructing, maintaining or otherwise undertaking, or not
undertaking, any operations in connection with its facilities.


 


ARTICLE
IV 

RATES


 


4.1.     Rate.
In consideration for services rendered under this Agreement, Shipper shall pay
to Gatherer each Month during the term of this Agreement the Gathering Rate
specified on Exhibit C and any other amounts expressly contemplated
to be paid by Shipper pursuant to this Agreement. Should Gatherer be assessed a
fee by any downstream transporter or incur any other expense (in each case)
attributable to Shipper’s Gas (including any fees associated with processing
the Gas), Shipper shall reimburse Gatherer the full amount of such fee or expense.
Gatherer may elect to invoice Shipper separately for such fee or expense, or
may make an appropriate deduction from the quantity of Gas delivered to Shipper
at the Point(s) of Delivery (being the same quantity of gas deducted by
the downstream transporter for such fee or expense).


 


4
















 


4.2.                              Relocation. Gatherer, from time-to-time, may relocate certain of its
facilities due to the activities of third Persons or for legal or operational
necessity and convenience. Gatherer may increase its rate(s) as a result
thereof in accordance with Section 4.3.


 


4.3.                              Adjustment of Rates and Charges. The rates, charges and fees
memorialized pursuant to Exhibit C
to this Agreement are subject to adjustment as set forth on such Exhibit.


 


ARTICLE
V 

NOMINATION, SCHEDULING AND RECONCILIATION 

OF RECEIPTS AND DELIVERIES


 


5.1.                              Shipper
shall be responsible for submitting nominations, where applicable, for the
quantity of Natural Gas tendered by Gatherer to Shipper at the Point(s) of
Delivery, to the entity downstream of the Point(s) of Delivery that will
physically receive the Natural Gas at that point(s). All nominations must be
confirmed by Gatherer and the downstream transporter that will physically
receive the Natural Gas before Gatherer will schedule the service. In the event
that Shipper’s nomination requires adjustment by Gatherer, Gatherer shall
advise Shipper of its revised nomination and Shipper shall adjust its
production to the extent necessary to comply with the revised nomination
provided by Gatherer.


 


5.2.                              Where
transporters downstream of the Point(s) of Delivery require Gatherer to
submit a predetermined allocation in order to schedule receipt of gathered
volumes into the system(s) of such transporters, Gatherer will base such
predetermined allocations on the actual measured quantities it has received for
deliveries to such transporters. In the event that Shipper’s predetermined
allocation requires adjustment by Gatherer, Gatherer shall advise Shipper of
its revised allocation and Shipper shall adjust its deliveries to the extent
necessary to comply with the revised allocation provided by Gatherer.


 


5.3.                              Gatherer
reserves the right to upwardly or downwardly adjust Shipper’s nominations to
the extent Gatherer determines that Shipper’s nominations vary materially from
Shipper’s actual tenders of Gas.


 


5.4.                              Reserved.


 


5.5.                              Gatherer
is not required to schedule any receipts and/or deliveries of Gas until Shipper
has executed this Agreement and has submitted an accurate and complete
nomination for the period of time in question.


 


5.6.                              Shipper
is solely responsible for the accuracy of its nominations. Gatherer makes no
representation or guarantee that Shipper’s nominations are correct.


 


5.7.                              Subject
to the other provisions hereof, the nomination accepted by Gatherer, as it may
have been revised, shall represent the maximum quantity of Natural Gas eligible
for service hereunder by Gatherer during the period for which the nomination
was accepted or until Shipper submits a new nomination that is accepted by
Gatherer. Submission of any new nomination must be consistent with the
provisions of this Article V. If Shipper desires to increase its
nomination during a Month, Shipper shall give Gatherer at least one
(1) Day advance notice unless such notice is waived by Gatherer in its
sole discretion.


 


5

















 


5.8.                              On
or about the twenty-fifth Day of each delivery Month, Gatherer will determine
actual measured flows into and out of the Gathering System, and issue an
allocation statement to Shipper. To the extent such allocation statement
indicates a discrepancy between Shipper’s scheduled volumes and Shipper’s
actual volumes for such Month, Shipper shall adjust current and/or future
nominations to eliminate such discrepancy and/or Gatherer shall make the
necessary adjustment(s) to eliminate such discrepancy.


 


ARTICLE VI

RECEIPT AND DELIVERY PRESSURES


 


6.1.                              Gatherer’s
Operating Pressures. Gatherer shall not be required to operate the
Gathering System at pressures in excess of its operational preference. In no
event will Gatherer operate the Gathering System at pressures in excess of its
maximum allowable operating pressure, as such pressure may change from time to
time: Gatherer shall not be required to install or be prohibited from
installing compression in order to receive, gather or redeliver Gas.


 


6.2.                              Maximum
Allowable Working Pressure. Notwithstanding any other provisions of this
Agreement, Shipper shall never deliver Gas at a pressure that exceeds the
maximum allowable working pressure(s) as determined solely by Gatherer.


 


6.3.                              Shipper’s
Compression. Shipper shall make deliveries to Gatherer against the
prevailing pressures in Gatherer’s Gathering System. Gatherer shall not be
obligated to maintain line pressure or to lower line pressure by additional
compression or otherwise. Except as specifically permitted under any valid
interconnect agreement between Gatherer and an interconnecting party relating
to Shipper’s Gas, Shipper shall not compress such deliveries, or cause such Gas
deliveries to be compressed. Gas compressed without Gatherer’s authorization
shall be deemed Unauthorized Gas and shall be subject to Section 10.2 of
this Agreement.


 


6.4.                              Overpressure
Protection. As between Shipper and Gatherer, Gatherer is completely and
solely responsible for the installation and maintenance of overpressure
protection equipment of pipeline(s), valve(s) and other interconnection
equipment.


 


ARTICLE VII 

TERM


 


7.1.                              Term.
The term of this Agreement shall commence on the Commencement Date, regardless
of when executed, and shall continue for a term of ten (10) years (the
“Initial Term”). Unless either party provides not less than sixty (60) Days
prior written notice to the other party on or before the expiration of the
Initial Term, or if applicable the anniversary date of the Initial Term, the
term of this Agreement shall be automatically extended for additional one-year
periods.


 


7.2.                              Effect
of Governmental Action. It is understood that performance hereunder shall
be subject to all rules and regulations of Governmental Authorities having
jurisdiction or control over the matters related hereto. If at any time during
the term hereof any Governmental Authority shall take any action which is, with
respect to or as a result of the gathering services provided for under this
Agreement, designed to subject or otherwise subjects Gatherer or the Gathering
System or any of Gatherer’s related facilities to any greater or different
regulation or


 


6

















 


jurisdiction
than that existing on the date of initial delivery of Gas hereunder, then, upon
written notice to Shipper, Gatherer may initiate renegotiations with Shipper to
revise the affected provisions of this Agreement prior to the effective date of
such governmental action. Should parties be unable to reach an agreement within
thirty (30) Days of such notice, either party may terminate this Agreement upon
thirty (30) Days written notice.


 


ARTICLE
VIII 

BILLINGS AND PAYMENTS


 


8.1.                              Billing and Payment. Gatherer shall render to Shipper on
or about the twenty-fifth Day of each Month a statement of the total quantities
of Gas received from Shipper and delivered to Shipper during the preceding
Month, together with a bill for the amount due under this Agreement for service
during such period. Shipper shall pay Gatherer within ten (10) Days after
receipt of Gatherer’s invoice. Shipper shall be deemed to receive the invoice
in accordance with the timelines established in Section 14.3 of this
Agreement for notices. If the payment date falls on a Saturday, Sunday or legal
holiday, payment shall be due and payable on the next business Day. On an
annual basis, Shipper shall have the right to conduct an audit of the cost of
service supporting the rates assessed by Gatherer. Shipper shall provide
Gatherer 60 days advanced notice of the audit including a preliminary list of
information requests. The audit will be conducted at Shipper’s Pittsburgh
offices, limited to the most recent twenty-four (24) months of data available
and conducted in accordance with generally accepted auditing practices.


 


8.2.                              Verification of Actual Receipts. If verification of quantities
received is not available at the time the invoice is issued, adjustments for
actual receipts shall be reflected on the next invoice issued after such
confirmation.


 


8.3.                              Failure to Make Timely Payments. Should Shipper fail to make timely
payment of all invoiced amounts, interest shall accrue on the unpaid amounts
and shall be payable immediately. All unpaid amounts shall accrue interest on a
daily basis at the prime rate of interest published under “Money Rates” by The
Wall Street Journal, Eastern edition, plus two percent (2%), but in no event
shall interest due hereunder exceed the maximum rate permitted by law. If
Shipper becomes delinquent by ten (10) Days in the payment of any invoice,
Shipper shall provide adequate assurance of payment to Gatherer within two
(2) business Days of the date of written notice of the delinquency;
provided, however, that Shipper, in good faith, may dispute the amount of any
such invoice or any part thereof and within such two (2) Day period if it
(a) pays to Gatherer such amounts as Shipper concedes to be correct and
(b) provides a standby irrevocable letter of credit, a prepayment, a
security interest in an asset acceptable to the Gatherer or a guaranty by a
creditworthy entity, acceptable to Gatherer in Gatherer’s sole opinion, to
secure payment of the remainder of the invoiced amount. If the parties are
unable to reach an agreement regarding the disputed amount, any resort to legal
process shall be commenced within twenty-four (24) Months after the disputed
amount is claimed to be due or shall thereafter be forever barred.


 


8.4.                              Refund. In the event any overcharge or undercharge in any form
whatsoever shall be found within twenty-four (24) Months from the date a
billing or measurement discrepancy occurs, the appropriate party shall refund
the amount of overcharge or pay the amount of undercharge within thirty (30)
Days after the final determination of the amount overcharged or


 


7

















 


undercharged
has been made. Any overcharge or undercharge, for which no claim has been made
within twenty-four (24) Months, shall be deemed waived by both parties.


 


ARTICLE
IX 

WARRANTIES AND INDEMNIFICATION


 


9.1.                              Warranty
of Title. Shipper warrants that it will, at the time of delivery of Gas to
Gatherer under this Agreement and throughout the period prior to redelivery
thereof, have good and merchantable title to, or good right to deliver and
receive, all Gas so delivered by Shipper at the Point(s) of Receipt and
that the Gas shall be free and clear of all liens, encumbrances or adverse
claims of any kind.


 


9.2.                              Warranty
of Eligibility for Gathering. Shipper warrants that it shall have all legal
rights and title necessary to deliver all Gas delivered to Gatherer for
gathering hereunder; that it shall comply in all material respects with all
applicable laws, rules, regulations or orders of any Governmental Authority
having jurisdiction and all rules, terms and conditions of Gatherer set forth
herein and that at the time of such deliveries, Shipper has complied in all
material respects with all provisions of this Agreement.


 


9.3.                              Shipper
Indemnification. Shipper agrees to indemnify and hold harmless and provide
defense for Gatherer, its officers, directors, members, Affiliates, agents,
employees and contractors against any liability, loss, cost, or damage
whatsoever (including, without limitation, claims for royalties, taxes, fees or
other charges) occurring in connection with or relating in any way to (i) breach
of this Agreement by Shipper; (ii) the negligence or other tortious
act(s) or omission(s) by Shipper, its officers, directors, members,
Affiliates (other than Gatherer), agents, employees or contractors;
(iii) the Natural Gas prior to its delivery to Gatherer at the
Point(s) of Receipt and after its redelivery at the Point(s) of
Delivery; and/or (iv) the Natural Gas to the extent the claim, liability,
or damage arises as a result of the quality of the Natural Gas delivered by
Shipper or other condition of the Natural Gas. Such indemnification shall
include, but not be limited to, all costs and attorneys’ fees, whether or not
such liability, loss, cost, or damage results from any demand, claim, action,
cause of action, or suit brought by Shipper or by any other Person, that is not
a party to this Agreement.


 


9.4.                              Liability.
Neither Gatherer nor Shipper, nor their respective officers, directors,
partners, members, agents, employees, Affiliates or successors or assigns shall
be liable to the other party or its officers, directors, agents, employees,
Affiliates or successors or assigns for claims for incidental, special,
indirect, punitive or consequential damages of any nature connected with or
resulting from performance or non-performance of this Agreement, including,
without limitation, claims in the nature of lost revenues, income or profits
(other than payments specifically provided for and properly due under this
Agreement) irrespective of whether such claims are based upon warranty,
negligence, strict liability, contract, operation of law or otherwise.


 


8

















 


ARTICLE X 

POSSESSION AND CONTROL


 


10.1.                        Possession
and Control. As between Shipper and Gatherer, Shipper shall be deemed to be
in control and in possession of the Gas prior to such Gas being received by
Gatherer at the Point(s) of Receipt and shall be responsible for any
damages, losses or injuries caused thereby until the Gas shall be received by
Gatherer at the Point(s) of Receipt except for injuries or damages which
have been occasioned solely and proximately by the negligence of Gatherer.
Gatherer shall be in control and in possession of the Gas subsequent to such
Gas being received by Gatherer at the Point(s) of Receipt and shall be
responsible for any damages, losses or injuries caused thereby until the same
shall have been redelivered to Shipper or its designee at the Point(s) of
Delivery, except for injuries or damages which have been occasioned by the
negligence of Shipper or its designee or by the quality of the Gas or other
condition of the Gas outside of the control of Gatherer, and except as
otherwise set forth herein.


 


10.2.                        Unauthorized
Gas. Upon the detection of Unauthorized Gas on any of Gatherer’s Gathering
System, Gatherer may issue notice of the Unauthorized Gas, directing all
responsible parties to either obtain authority for the introduction of such Gas
or to remove it from the Gathering System within forty-eight (48) hours.
Gatherer will make reasonable efforts to provide direct written or telecopied
notice to Shipper of such Unauthorized Gas delivered by Shipper into the
Gathering System. In the event Shipper fails to either obtain authority for the
introduction of such Gas or to remove it from the Gathering System, Gatherer
may, at its sole discretion, avail itself of any one of the following options:


 


(a)                                  Confiscate
the Gas at no cost to Gatherer;


 


(b)                                 Impose
a penalty of twenty-five dollars ($25.00) per MMBtu of Unauthorized Gas; or


 


(c)                                  Purchase
the Unauthorized Gas at seventy-five percent (75%) percent of the Spot Market
Price per Dekatherm. “Spot Market Price”, for purposes of this Section, shall
mean the price per Dekatherm reported by Platt’s Inside FERC’s Gas Market
Report, under the heading Prices for Spot Gas Delivered to Pipelines, for
the delivery location (i) into which Shipper’s Gas is delivered or
(ii) which is most proximate to the Point(s) of Delivery, for the
first Day of the Month immediately succeeding the Month in which Gatherer
discovers that Shipper has been introducing Unauthorized Gas into the Gathering
System.


 


ARTICLE
XI 

FORCE MAJEURE


 


11.1.                        If either
Gatherer or Shipper is rendered unable, wholly or in part, by force majeure to
perform or comply with any obligation or condition of this Agreement, such
obligation or condition shall be suspended during the continuance from
inception of the inability so caused and such party shall be relieved of
liability and shall suffer no prejudice for failure to perform the same during
such period; provided the obligation to make payments shall not be suspended
and the cause for suspension (other than strikes and lockouts) shall be
remedied so far


 


9

















 


as possible
with reasonable dispatch. The party suffering any such force majeure shall give
notice and reasonably full particulars to the other party as soon as reasonably
possible upon the occurrence of such event. Settlement of strikes and lockouts
shall be wholly within the discretion of the party having difficulty. The term
“force majeure” shall include, without limitation, the following: acts of God,
the public enemy, fire, freezes, floods, storms, accidents, breakdowns of
pipeline or equipment, planned or unplanned facility repairs, lack of capacity
by any third party pipeline transporter to transport Gas, failures or freezing
of wells, strikes, and any other industrial, civil, or public disturbance, the
inability to obtain materials, supplies, permits or labor, and any laws,
orders, rules, regulations, acts or restraints of any Government Authority,
civil or military, and any other cause, whether of the kind enumerated or
otherwise, not reasonably within the control of the party claiming force
majeure. Notwithstanding any other provision, Gatherer shall not be under any
obligation to repair or replace pipelines, equipment or other facilities.


 


ARTICLE XII 

INTERRUPTION OF SERVICE


 


12.1.                        Interruption.
Gatherer shall have the right to interrupt service in whole or in part on all
or a portion of its Gathering System from time to time for reasons of force
majeure or when necessary, in Gatherer’s reasonable judgment, to meet its
Gathering System operating requirements or other service obligations. Partial
interruptions shall be implemented on a pro rata basis based upon actual
measured receipt quantities from prior Months.


 


12.2.                        Interruption
Compliance. Gatherer will provide reasonable notice to Shipper of such
interruption orders and Shipper shall within twenty-four (24) hours, or such
lesser time as is required to protect the integrity of the Gathering System,
reduce its tenders or takes in compliance with the interruption orders. If
Shipper fails to reduce its tenders or takes, in addition to all other
remedies, Gatherer may take such action as necessary to reduce the tenders or
takes without further notice to Shipper.


 


12.3.                        Situation
Reports and Notices.


 


(a)                                  Gatherer
shall provide notice of interruption to Shipper at a time and in a manner that
is reasonably prudent under then existing conditions, and shall in any event
confirm in writing the notice given if originally provided telephonically.


 


(b)                                 Shipper
shall have the responsibility to inform its suppliers, other transporters and
all others involved in the transaction about any interruption.


 


ARTICLE XIII 

MISCELLANEOUS


 


13.1.                        Regulatory
Bodies. This Agreement shall be subject to all applicable federal, state
and local laws, rules and regulations of any Governmental Authority having
jurisdiction, subject to Section 7.2 of Article VII.


 


10

















 


13.2.                        Modification. Except as otherwise contemplated by
Section 4.3 of Article IV, any modification of terms or amendment of
provisions of this Agreement shall become effective only by supplemental
written agreement between the parties.


 


13.3.                        Waiver. No waiver by Gatherer of any default of Shipper under this
Agreement shall operate as a waiver of any future default, whether of a like or
different character.


 


13.4.                        Governing Law. This Agreement and the legal
relations between the parties shall be governed by and construed in accordance
with the laws of the State of Virginia without regard to principles of
conflicts of laws that would direct the application of the laws of another
jurisdiction. Each of the parties agrees that it shall bring any action or
proceeding in respect of any claim arising out of or related to this Agreement
or the transactions contemplated hereby exclusively in the Federal Court for
the Western District of Virginia (the “Chosen Court”) and, solely in connection
with claims arising under this Agreement or the transactions contemplated
hereby, (i) irrevocably submits to the exclusive jurisdiction of the
Chosen Court, (ii) waives any objection to laying venue in any such action
or proceeding in the Chosen Court, and (iii) waives any objection that the
Chosen Court is an inconvenient forum or does not have jurisdiction over it.
The foregoing consents to jurisdiction shall not constitute general consents
for any purpose except as provided herein and shall not be deemed to confer
rights on any Person other than the parties.


 


13.5.                        Assignment. Any Person which shall succeed by purchase of all or
substantially all the properties of Gatherer or of Shipper, as the case may be,
shall be entitled to the rights and shall be subject to the obligations of its
predecessor in title under this Agreement, subject to the restriction below.
Either party may, without relieving itself of its obligations under this
Agreement, assign any of its rights hereunder to an Affiliate of such party.
Except to an Affiliate, Shipper shall not assign this Agreement or any of the
rights or obligations hereunder without first obtaining the consent thereto in
writing from Gatherer, which consent shall not be unreasonably withheld,
conditioned or delayed.


 


13.6.                        Cancellation of Prior Contracts. When this Agreement becomes
effective, it supersedes and cancels as of the Commencement Date any contract
or other agreement or arrangement held by Shipper for the gathering or
transportation of Gas purchased from any member of Gatherer on the Gathering
System.


 


13.7.                        Creditworthiness of Shipper.


 


(a)                                  Subject to the
provisions of paragraphs (b) and (c) immediately below, Gatherer shall
not be required to commence service or to continue to perform service on behalf
of Shipper if Shipper (i) is or has become insolvent, (ii) has
applied for bankruptcy under Chapter 11 of the Bankruptcy Code or is subject to
similar proceedings under state or federal law, (iii) fails, in Gatherer’s
reasonable judgment, to demonstrate minimal creditworthiness for all or any
part of the service requested, based upon Gatherer’s consideration of available
data (including but not limited to Shipper’s past payment history, financial
statements, Shipper’s or its parent company’s reports filed with the Securities
and Exchange


 


11

















 


Commission or
other public agency, and credit reports) or (iv) is in arrears for any
payments under this Agreement or any other agreement with Gatherer.


 


(b)                                 In connection with an
initial request for service, request for additional service, or any
re-evaluation of creditworthiness, Shipper shall provide to Gatherer (i) a
bank reference and at least two (2) trade references; (ii) confirmation in
writing that it is not operating under any state or federal bankruptcy or
receivership laws; (iii) its most recent audited financial statements;
(iv) confirmation in writing that Shipper is not in default on its
indebtedness or payment obligations; and (v) a list of owners and/or
shareholders. In addition, Gatherer may require the following: (A) audited
financial statements; (B) annual reports; (C) a list of affiliates, parent
companies, and subsidiaries; (D) publicly available information from
credit reports of credit and bond rating agencies; (E) private credit ratings, if
obtained by the Shipper; (F) bank references; (G) additional trade references; (H) a
statement of legal composition; (I) a statement of length of time business
has been in operation; (J) most recent filed statements with the Securities
and Exchange Commission (or an equivalent authority) or such other publicly
available information; (K) for public entities, the most recent publicly
available interim financial statements, with an attestation by its Chief Financial
Officer, Controller, or equivalent (CFO) that such statements constitute a
true, correct, and fair representation of financial condition prepared in
accordance with generally accepted accounting principles (“GAAP”) or
equivalent; (L) for
non-public entities, including those that are state-regulated utilities: (i) the most
recent available interim financial statements, with an attestation by its CFO
that such statements constitute a true, correct, and fair representation of
financial condition prepared in accordance with GAAP or equivalent; (ii) an existing
sworn filing, including the most recent available interim financial statements
and annual audited financial reports filed with the respective regulatory
authority, showing the Shipper’s current financial condition; (M) for
state-regulated utility and local distribution companies, documentation from
their respective state regulatory commission (or an equivalent authority) of an
authorized Gas supply cost recovery mechanism which fully recovers both Gas commodity
and transportation capacity costs and is afforded regulatory asset accounting
treatment in accordance with GAAP or equivalent; and (N)
such other information as may be mutually agreed to by the parties.


 


Shipper shall
provide notice to Gatherer within two (2) Days if Shipper defaults on its
indebtedness, restates its financials, or is in default of any other payment
obligations.


 


(c)                                  Gatherer may require
Shipper to provide financial data necessary to demonstrate creditworthiness at
any time. If Shipper fails to provide such data within ten (10) Days from
the date of the request, Gatherer may treat Shipper as being uncreditworthy and
suspend service until Shipper provides adequate assurance of payment.


 


12

















 


(d)                                 Gatherer may require
adequate assurance of payment at any time Gatherer has grounds for insecurity
of payment or performance hereunder. Shipper may receive or continue to receive
service if it provides adequate assurance of payment for service within two
(2) Days after the date of written demand by Gatherer or such shorter
period of time as is reasonable under the circumstances. Gatherer may
immediately suspend service to any Shipper failing to timely provide adequate
assurance of payment and subsequently terminate this Agreement if adequate
assurance of payment is not provided.


 


(e)                                  The type of adequate
assurance required by Gatherer, in its discretion, may include:


 


(i)                                     a deposit with
Gatherer;


 


(ii)                                  advance payment for
service, in a continuing nature, in an amount equal to the cost of performing
gathering service hereunder for a one (1) Month advance period based on
the prior Month’s actual measured receipt quantities hereunder;


 


(iii)                               an irrevocable letter of
credit from a creditworthy financial institution;


 


(iv)                              a guarantee from a
creditworthy entity; or


 


(v)                                 any other form of
adequate assurance acceptable to Gatherer.


 


(f)                                    The
amount of adequate assurance (other than prepayments) shall be equal to three
(3) Months of performing service hereunder at the maximum contractual
level plus, at Gatherer’s discretion, the value of Gas associated with
Shipper’s highest negative imbalance during the preceding twelve (12) Months,
or, if there has been no negative imbalance, ten percent (10%) of Shipper’s actual
measured receipt quantities under this Agreement for the preceding twelve (12)
Months.


 


(g)                                 Gatherer
may at any time re-evaluate the creditworthiness of Shipper and demand adequate
assurance of payment or additional assurances of payment.


 


(h)                                 In
the event of a default in payment of any amounts due from Shipper or failure to
make up a negative imbalance on a timely basis, Gatherer may liquidate or draw
upon the financial assurance in order to satisfy the Shipper’s obligations and
require Shipper to replace the liquidated or drawn-upon funds in order to
continue receiving service.


 


(i)                                     Failure
of Gatherer to demand adequate assurance or financial security or to otherwise
suspend performance of this Agreement or assert any rights hereunder shall not
be deemed as a waiver of any rights hereunder or prevent Gatherer from later
asserting it rights whether related to the same, future or similar
circumstances.


 


13

















 


13.8.                        No Third Party Beneficiary. It is expressly understood that
there is no third party beneficiary to this Agreement, and that the provisions
of this Agreement do not create enforceable rights in anyone who is not a party
or a successor or assignee of a party hereto.


 


13.9.                        Failure to Comply. If Shipper fails to comply in any
material respect with any provision of this Agreement, Gatherer, upon notice to
Shipper, may refuse to accept Gas from Shipper and/or may refuse to deliver Gas
to Shipper until Shipper has fully complied in all material respects with the
terms of this Agreement.


 


13.10.                  Counterparts. This Agreement may be signed in
counterpart, each of which shall constitute an original and together which
shall constitute one and the same Agreement


 


13.11.                  Entire Agreement. This Agreement along with its
Exhibits, which are attached to and hereby incorporated into and made an
integral part of this Agreement, represents the entire agreement between the
parties hereto, and there are no other written, oral or implied or other
representations, indemnifications or understandings of any kind whatsoever.


 


13.12.                  No Duplicative Activities/Charges. Gatherer and Shipper acknowledge
that Gatherer has interconnect agreement(s) with the seller(s) of the Gas
that Shipper is transporting hereunder. To the extent that any provision of
this Agreement overlaps with the provisions of such interconnect
agreement(s) and Gatherer has required the party to such agreement to
perform some activity or to pay for an expense thereunder, Gatherer shall not
require Shipper to perform the same activity hereunder nor shall Gatherer
charge the same expense to Shipper hereunder.


 


ARTICLE
XIV 

NOTICES


 


14.1.                        Notices. Any notice, request, statement or correspondence provided for
in this Agreement (“Notice”) shall be in writing and delivered to the physical
addresses shown below or at such other addresses or numbers as may be hereafter
furnished by one party to the other party in writing.


 


14.2.                        Manner of Delivery. All Notices required hereunder may
be sent by facsimile or mutually acceptable electronic means, a nationally
recognized overnight courier service, first class mail or hand delivered.


 


14.3.                        Receipt of Notices. Notice shall be given when received
on a business Day by the addressee. In the absence of proof of the actual
receipt date, the following presumptions will apply. Notices sent by facsimile
shall be deemed to have been received upon the sending party’s receipt of its
facsimile machine’s confirmation of successful transmission. If the Day on
which such facsimile is received is not a business Day or is after
5:00 p.m., on a business Day, then such facsimile shall be deemed to have
been received on the next following business Day. Notice by overnight mail or
courier shall be deemed to have been received on the next business Day after it
was sent or such earlier time as is confirmed by the receiving party. Notice
via first class mail shall be considered delivered five (5) business Days
after mailing.


 


14
















 


Gatherer:


Nora Gathering, LLC


c/o Equitable Gathering Equity, LLC


225 North Shore Drive


Pittsburgh, Pennsylvania 15212


Attention: TBD


Telephone: 412-395-xxxx


Facsimile: 412-395-xxxx


 


Shipper:


[NAME]


[ADDRESS]


[CITY, STATE & ZIP CODE]


[CONTACT PERSON]


Telephone:


Facsimile:


 


ARTICLE
XV 

GENERAL TERMS AND CONDITIONS


 


15.1.          General. Should there exist any conflict or
discrepancy between anything contained in the main body of this Agreement and
anything contained in Exhibit A, the General Terms and Conditions, the
provisions in the main body of this Agreement shall at all times and in all
cases govern and control.


 


THE REMAINDER OF THIS PAGE HAS
BEEN LEFT INTENTIONALLY BLANK


 


15

















 


IN WITNESS WHEREOF, the parties
hereto have executed this Agreement the Day and year first above written.


 


	
  EQUITABLE ENERGY, LLC

  	
   

  	
  NORA GATHERING, LLC

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  By: Equitable Gathering
  Equity, LLC, its Operating Member

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  By:

  	
   

  	
   

  	
  By:

  	
   

  
	
  Name:

  	
   

  	
   

  	
  Name:

  	
   

  
	
  Title:

  	
   

  	
   

  	
  Title:

  	
   

  
	
  Date:

  	
   

  	
   

  	
  Date:

  	
   

  



 


 


Signature
Page to Gas Gathering Agreement


 

















 


EXHIBIT
A 

GENERAL
TERMS AND CONDITIONS


 


Attached
to and made a part of the Gas Gathering Agreement, dated as of the
     day of               
 , 20   ,
between Nora Gathering, LLC and Equitable Energy, LLC.


 


ARTICLE
I


 


QUALITY OF GAS


 


1.1                                 Specifications.


 


(a)               Subject to Section 1.2
Processing below, all Natural Gas delivered by Shipper and received by Gatherer
hereunder shall at all times conform to the gas quality and heat content
standards established by the applicable downstream receiver or transporter, and
such other gas quality heat content standards as Gatherer may reasonably
impose. In the event that the downstream receiver or transporter of the Natural
Gas is subject to a valid FERC Gas Tariff, the Natural Gas delivered by Shipper
and received by Gatherer shall at all times conform to the quality provisions
of such FERC Gas Tariff, which provisions are incorporated herein by reference.
Shipper shall indemnify Gatherer and save it harmless from all suits, actions,
damages, losses and expenses (including attorneys’ fees) arising out of the Gas
failing to conform to such quality provisions.


 


(b)              Gatherer will have the right
to collect from all Shippers their pro rata share of the cost of any additional
Gas analysis and quality control equipment which Gatherer determines should be
installed at particular Point(s) of Receipt or Point(s) of Delivery
to monitor the quality of Gas delivered.


 


(c)               Gatherer shall have the
right to test any well or Point(s) of Receipt from which Gas is tendered
to Gatherer for service, to ensure that the Gas produced meets the quality
specifications.


 


(d)              Gatherer, in its sole
discretion, will have the right to sample and analyze annually, at Shipper’s
expense, Gas received from Shipper. Subsequent samples during any one year
period would be at Shipper’s expense only if: (i) Gatherer determines that
there are significant quantity increases at the Point(s) of Receipt; (ii) the
subsequent Btu analysis results in the recognition of a heating value different
than the recognized value at the Point(s) of Receipt; and/or (iii) the
sample analysis determines that the quality is not acceptable. In the case of
(iii), Shipper will pay for subsequent sampling until and including such time
that a sample reveals the Gas to be acceptable.


 


1

















 


1.2                                 Processing.


 


(a)               Gatherer may remove
moisture, impurities, helium, natural gasoline, butane, propane, and any other
hydrocarbons except methane from Gas delivered into its system prior to
redelivery of Gas for Shipper in order to satisfy the quality standards of
downstream transporters or quality standards and provisions as Gatherer may
impose. Gatherer may subject, or permit the subjection of, the Gas to compression,
cooling, cleaning and other processes.


 


(b)              If Shipper’s Gas must be
processed in order to meet the Gas quality standards and provisions of the
applicable downstream receiver or transporter and such other quality standards
and provisions as Gatherer may impose, then Shipper must have entered into a
separate agreement with the owner/operator of the applicable processing plant(s)
on the system. Absent proof of such an agreement, Gatherer shall not be
obligated to gather Shipper’s Gas. At Gatherer’s sole option, it may elect to
gather Shipper’s Gas and to process the Gas, at Shipper’s expense, in order to
meet the Gas quality standards and provisions of the applicable downstream
receiver or transporter and such other quality standards and provisions as
Gatherer may impose.


 


1.3                                 Nonconforming
Gas. As to the Gas which cannot meet the specifications set out above,
Gatherer, in its sole discretion, shall have the option to:


 


(a)               Refuse to accept delivery of
such Gas. In the event Shipper cannot correct such deficiency within a
reasonable time, Gatherer shall have the right to terminate this Agreement with
respect to Point(s) of Receipt of such nonconforming Gas upon giving
Shipper prior written notice; or


 


(b)              Accept delivery of such Gas
and elect to process the Gas or take other actions needed in order for the Gas
to meet the specifications set out above, at Shipper’s sole cost. Gatherer’s
acceptance of Gas that does not conform to the quality specifications stated
above shall not constitute a waiver of such specifications by Gatherer in
regard to Gas delivered or redelivered under this Agreement in the future, nor
shall acceptance without an express written waiver constitute a waiver of any
claim for damages resulting from delivery of Gas not meeting such specifications.


 


ARTICLE
II


 


MEASUREMENT
AND FACILITIES


 


2.1                                 Facilities. The parties
acknowledge that Gatherer shall install, operate, and maintain facilities to
measure the Gas at the Point(s) of Receipt and Point(s) of Delivery
and that all or some of such facilities may not be in existence as of the date
of execution of this Agreement. If it is necessary to install any facilities in
order to receive and measure Gas to be tendered to Gatherer at the Point(s) of
Delivery, then Shipper agrees to reimburse Gatherer for all its costs of all
material, labor, overhead, and loss of Gas incurred by Gatherer in connection
with


 


2

















 


the installation of
facilities. All such facilities shall be deemed to be the personal property of
Gatherer, whether or not affixed to the realty, and shall at all times be
subject to the absolute control and disposition of Gatherer. At any time after
the termination of this Agreement, Gatherer shall have the right to remove its
facilities. Shipper shall be solely responsible for and shall bear the full
costs of getting the Gas to the Point(s) of Receipt for gathering under
this Agreement.


 


2.2                                 Measurement
Equipment. Gatherer shall designate the type of measuring
equipment that shall be utilized and be the operator of the measurement
facilities. Shipper may install, maintain and operate, at its sole cost and
expense, check measuring equipment; provided, however, that such equipment
shall be installed in a manner that will not interfere with the operation of
the other party’s measuring equipment.


 


2.3                                 Orifice Meters. Orifice
meters installed at any measurement site shall be constructed and operated in
accordance with American National Standard Institute (“ANSI”) standards,
American Petroleum Institute (“API”) 2530, American Gas Association (“AGA”) AGA
Report No. 3, Orifice Metering of Natural Gas and Other Related
Hydrocarbon Fluids, Second Edition, dated September 1985, and any
subsequent modifications and amendments thereto, and shall include the use of
flange connections and, where necessary, straightening vanes, temperature
correcting devices and pulsation dampening equipment.


 


2.4                                 Positive
Displacement Meters. Positive Displacement Meters installed at any
measurement site shall be constructed and operated in accordance with
provisions of AGA Measurement Committee Report No. 6 (AGA Report No. 6)
dated January 1971, and any subsequent amendment or revisions thereof.


 


2.5                                 Turbine Meters. Turbine
Meters installed at any measurement site shall be constructed and operated in
accordance with the provisions of AGA Measurement Committee Report No. 7
(AGA Report No. 7), First Revision, dated November 1984, and any
subsequent modifications and amendments thereof.


 


2.6                                 Electronics. When and
where electronic equipment and flow computers are used, the Gas may have its
volume, mass and/or energy content determined and computed in accordance with
the applicable AGA Standards including, but not limited to, AGA Report Nos. 3,
5, 6, and 7 and any subsequent modifications and amendments thereto.


 


2.7                                 Notice. Gatherer
shall give reasonable notice to Shipper in order that Shipper may have
representatives present to observe any installing, reading, cleaning, changing,
repairing, inspecting, testing, calibrating, or adjusting of Gatherer’s
measuring equipment used in measuring or checking the measurement of receipts
or deliveries of Gas under this Agreement. The official charts (recordings)
from such measuring equipment shall remain the property of Gatherer, but upon
request Gatherer will make the records and charts, together with calculations
therefrom, available to Shipper for inspection and verification.


 


2.8                                 Testing and
Calibration.


 


(a)                                  Gatherer shall
have the right, at any time, to verify the accuracy of and to adjust and
calibrate all recording devices used in the measurement of Gas


 


3

















 


hereunder. Shipper may
request a special test be performed as described in Section 2.9 below.


 


(b)                                 If during any
test of the measuring equipment, an adjustment or calibration error is found
which results in an incremental adjustment to the calculated hourly flow rate
through each meter set in excess of two percent (2%) of the correct flow rate
(whether positive or negative and using the correct flow rate as the percent
error equation denominator), then any previous recording of such equipment
shall be corrected to zero error in computing deliveries for any period during
which the error existed (and which is either known definitely or agreed to by
both parties) and the total flow for the period predetermined in accordance
with the provisions of Section 2.10 below. If the period of error cannot
be determined or agreed upon between the parties, such correction shall be made
over a period extending over the last one-half (1/2) of the time elapsed since
the date of the latest test, not exceeding a correction period of six (6) Months.


 


(c)                                  If, during any
test of the measuring equipment, an adjustment or calibration error is found
which results in an incremental adjustment to the calculated hourly flow rate
which does not exceed two percent (2%) of the adjusted flow rate (as described
in part (b) of this Section), all prior recording shall be considered to
be accurate for quantity determination purposes.


 


(d)                                 All equipment
shall, in any case, be adjusted at the time of the test to record correctly.


 


2.9                                 Special Test. In the event Shipper desires
a special test (a test not scheduled by Gatherer under the provisions of Section 2.8
above) of any measuring equipment, seventy-two (72) hours advance notice, in
writing, shall be given to Gatherer and both parties shall cooperate to secure
a prompt test of the accuracy of such equipment. If the measuring equipment
tested is found to fall under the provisions of Section 2.8(c) above
or if an inspection of the primary measurement equipment indicates no problems,
Gatherer shall have the right to bill Shipper for the cost of such special test
including any labor, gathering and other costs pertaining to such special test
and Shipper shall pay such costs.


 


2.10                           Measuring Adjustment. If, for any reason, any
measurement equipment is (i) out of adjustment, (ii) out of service,
or (iii) out of repair and the total calculated hourly flow rate through
each meter set is found to be in error by an amount of the magnitude described
in  Section 2.8(b) above, the total quantity of Gas delivered
shall be determined by Gatherer in accordance with the first of the following
methods which is, in Gatherer’s sole opinion, feasible:


 


(a)                                  by using the
registration of any mutually agreeable check metering facility, if installed
and accurately registering (subject to testing as described in Section 2.8
above);


 


(b)                                 where parallel
multiple meter sets exist, by calculation using the registration of such
parallel meter sets; provided that they are measuring Gas from upstream and
downstream headers in common with the faulty metering


 


4

















 


equipment, are not
controlled by separate regulators, and are accurately registering;


 


(c)                                  by correcting
the error by re-reading of the official charts, or by straightforward
application of a correction factor to the quantities recorded for the period
(if the net percentage of error is ascertainable by calibration, tests or
mathematical calculation); or


 


(d)                                 by estimating
the quantity, based upon deliveries made during periods of similar conditions
when the meter was registering accurately.


 


The estimated readings or
deliveries so determined shall be used in determining the quantities of Gas
delivered for any known or agreed upon applicable period. In case the period is
not known or agreed upon, such estimated deliveries shall be used in
determining the quantities of Gas delivered hereunder during the latter half of
the period from the date of the immediately preceding test to the date the
measuring equipment has been adjusted to record accurately. The recordings of
the measuring equipment during the first half of said period shall be
considered accurate in computing deliveries.


 


2.11                           Measurement
Corrections. If an error is discovered in the measured
quantities, such error shall be adjusted within thirty (30) Days of the
determination thereof; provided, however, that any claim for adjustment shall
be made within twenty-four (24) Months of the production Month in which the
claimed error occurred. Such time limits shall not apply in the case of a
deliberate act of omission or misrepresentation, or mutual mistake of fact.


 


2.12                           Termination. If Gatherer
determines based on reasonable evidence that Shipper has tampered with the
measurement equipment so as to misrepresent the actual volume of Shipper’s Gas
delivered at any Point of Receipt(s) or Point of Delivery(s), Gatherer has
the right to immediately shut-in such Point of Receipt or Point of Delivery for
an indefinite period of time and may terminate this and any other agreement(s) with
Shipper (in each case) with respect to such Point of Receipt or Point of
Delivery.


 


2.13                           Data and
Records Retention. Gatherer and Shipper shall retain and preserve for
a period of at least two (2) years all measurement data, charts, and other
similar records.


 


2.14                           Volume and
Quality Determination. The measurement of the quantity and quality
of all Gas received and delivered hereunder shall be conducted in accordance
with the following:


 


(a)                                  Unit of Volume. The unit of
volume for measurement shall be one (1) cubic foot of Gas. Such measured
volumes, converted to Mcf, shall be multiplied by their Gross Heating Value per
cubic foot and divided by 1,000 to determine MMBtus received and delivered
hereunder.


 


(b)                                 Orifice Meter
Volume Computations. Computations of Gas Volumes from measurement data
shall be made in accordance with ANSI/API2530 (AGA Report No. 3), Orifice
Metering of Natural Gas and Other Related Hydrocarbon Fluids, Second
Edition, dated September 1985, and any subsequent amendments or revisions.


 


5

















 


(c)                                  Positive Displacement Meter Volume
Computation. Computation of
Gas Volumes from data shall be in accordance with the AGA Measurement Committee
Report No. 6 (AGA Report 6), dated January 1971, and any subsequent
amendments or revisions.


 


(d)                                 Turbine Meter
Volume Computations. Computations of Gas Volumes from data shall be in
accordance with AGA Measurement Committee Report No. 7 (AGA Report 7),
First Revisions, dated November 1984, and any subsequent amendments or
revisions.


 


(e)                                  Electronic
Devices and Flow Computers Volume Computations. Computation of Gas Volumes
from data or devices shall be in accordance with AGA Measurement Committee
Report Nos. 3, 5, 6, and 7 and any subsequent amendments or revisions.


 


(f)                                    Assumed
Atmospheric Pressure. An assumed atmospheric pressure of fourteen and
seventy-three hundredths (14.73) Psia for the respective Point(s) of
Receipt and Point(s) of Delivery shall be utilized for measurement and
calculation purposes, irrespective of any variation of the actual atmospheric
pressure from the assumed atmospheric pressure.


 


(g)                                 Gross Heating
Value. At least yearly, the Gross Heating Value of the Gas stream at each of
the Point(s) of Receipt and Point(s) of Delivery hereunder shall be
determined by using a Cutler-Hammer or other standard type calorimeter or by
calculating the Gross Heating Value from an in-line chromatograph or a Gas
analysis of a spot or continuous Gas sample. The spot or continuous sample
shall be taken at a suitable point on the facilities to be representative of
the Gas being analyzed. Shipper has the right to request the determination of
the Gross Heating Value of the Gas stream at each of the Point(s) of
Receipt applicable to Shipper in accordance with the above methodology.


 


(h)                                 Other Tests. Other tests
to determine water content, sulfur, and other impurities in the Gas shall be
conducted by Gatherer as necessary and shall be conducted in accordance with
standard industry testing procedures.


 


(i)                                     New Test
Methods. If at any time during the term hereof a new method or technique is
developed with respect to Gas measurement, such new method or technique may be
substituted for the method set forth in this Article when such methods or
techniques are in accordance with the currently accepted standards of the
American Gas Association, if mutually agreed upon by the parties.


 


2.15                           Right of Inspections. Gatherer or Shipper shall
have the right to inspect equipment installed or furnished by the other or
third party operators and the charts and other measurement or testing data of
all such parties at all times during business hours; but the reading, calibration
and adjustment of such equipment and changing of charts shall be done by
Gatherer, unless agreed to otherwise by the parties. Gatherer and Shipper shall
preserve all original test


 


6

















 


data, charts and other
similar records in such party’s possession for a period of at least twenty-four
(24) Months.


 


2.16                           Uneconomical
and Low Volume Point(s) of Receipt and Delivery; Impossibility of
Measurement. If total deliveries of Gas to Gatherer at a Point
of Receipt fall below an average daily quantity of three (3) Mcf of Gas
per day for any ninety (90) consecutive Days at any Point of Receipt, or total
deliveries to Shipper at any Point of Delivery fall below an average daily
quantity of five (5) MMBtu for any thirty (30) consecutive Days, then
Gatherer may, in its ole and reasonable discretion, terminate this Agreement as
it relates such Point of Receipt or Point of Delivery by giving Shipper notice
in writing sixty (60) Days prior to such termination unless:


 


(a)                                  Shipper agrees
to reimburse Gatherer for Gatherer’s expenses associated with the operation or
maintenance of such Point(s) of Receipt or Point(s) of Delivery and
the upstream section of, Gathering System utilized in effectuating deliveries
to such Point(s) of Delivery, or


 


(b)                                 Shipper agrees
to assume responsibility for the operation and maintenance of and measurement
at the Point(s) of Receipt or Point(s) of Delivery, subject to the
provisions of a Gas Measurement and Operation Agreement between Shipper and Gatherer,
and subject to compliance with the provisions of this Agreement regarding
measurement.


 


ARTICLE
III


 


RETAINAGE
CALCULATIONS


 


3.1                                 Gatherer shall
retain the actual Natural Gas compressor fuel, use, shrink and lost and
unaccounted for Gas as set forth in Exhibit C.


 


THE
REMAINDER OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK


 


7

















 


EXHIBIT
B


 


NATURE OF SERVICE AND POINT(S) OF
RECEIPT AND DELIVERY


 


Attached
to and made a part of the Gas Gathering Agreement, dated as of the
    day of
               ,
20    , between Nora Gathering, LLC and [  ].


 


NATURE
OF SERVICE


 


Gathering service under this
Agreement will be provided on an interruptible basis subject to the terms of
this Agreement.


 


POINTS OF RECEIPT


 


	
  Meter No.

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
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1
















 


EXHIBIT
B


 


	
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2

















 


EXHIBIT
B


 


	
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3

















 


EXHIBIT
B


 


	
  728-4517

  	
   

  	
   

  
	
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  725-4603

  	
   

  	
   

  
	
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  728-4888

  	
   

  	
   

  
	
  728-4889

  	
   

  	
   

  
	
  728-4890

  	
   

  	
   

  
	
  725-4912

  	
   

  	
   

  
	
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4

















 


EXHIBIT
B


 


	
  728-5000

  	
   

  	
   

  
	
  728-5001

  	
   

  	
   

  
	
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5

















 


EXHIBIT
B


 


	
  725-5254

  	
   

  	
   

  
	
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  728-5371

  	
   

  	
   

  
	
  725-5372

  	
   

  	
   

  
	
  029291

  	
   

  	
   

  
	
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6

















 


EXHIBIT
B


 


	
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7

















 


EXHIBIT
B


 


	
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8

















 


EXHIBIT
B


 


	
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  728-5951

  	
   

  	
   

  
	
  728-5952

  	
   

  	
   

  
	
  728-5953

  	
   

  	
   

  
	
  728-5954

  	
   

  	
   

  
	
  728-5955

  	
   

  	
   

  
	
  728-5957

  	
   

  	
   

  
	
  728-5959

  	
   

  	
   

  
	
  728-5960

  	
   

  	
   

  
	
  725-5962

  	
   

  	
   

  
	
  725-5980

  	
   

  	
   

  
	
  725-5986

  	
   

  	
   

  
	
  725-6029

  	
   

  	
   

  
	
  725-6033

  	
   

  	
   

  
	
  728-6044

  	
   

  	
   

  
	
  728-6045

  	
   

  	
   

  
	
  728-6046

  	
   

  	
   

  
	
  728-6048

  	
   

  	
   

  
	
  728-6049

  	
   

  	
   

  
	
  728-6050

  	
   

  	
   

  
	
  728-6054

  	
   

  	
   

  
	
  728-6057

  	
   

  	
   

  
	
  728-6058

  	
   

  	
   

  
	
  728-6059

  	
   

  	
   

  
	
  728-6060

  	
   

  	
   

  
	
  728-6061

  	
   

  	
   

  
	
  728-6062

  	
   

  	
   

  
	
  728-6063

  	
   

  	
   

  
	
  728-6064

  	
   

  	
   

  
	
  728-6066

  	
   

  	
   

  
	
  728-6068

  	
   

  	
   

  
	
  728-6069

  	
   

  	
   

  
	
  728-6070

  	
   

  	
   

  
	
  728-6072

  	
   

  	
   

  
	
  728-6073

  	
   

  	
   

  
	
  728-6074

  	
   

  	
   

  
	
  728-6075

  	
   

  	
   

  
	
  728-6076

  	
   

  	
   

  
	
  728-6077

  	
   

  	
   

  
	
  728-6078

  	
   

  	
   

  
	
  728-6080

  	
   

  	
   

  
	
  728-6081

  	
   

  	
   

  
	
  728-6082

  	
   

  	
   

  
	
  728-6083

  	
   

  	
   

  
	
  728-6084

  	
   

  	
   

  
	
  728-6085

  	
   

  	
   

  
	
  728-6087

  	
   

  	
   

  
	
  728-6088

  	
   

  	
   

  
	
  728-6089

  	
   

  	
   

  



 


9

















 


EXHIBIT
B


 


	
  728-6091

  	
   

  	
   

  
	
  725-6098

  	
   

  	
   

  
	
  725-6099

  	
   

  	
   

  
	
  725-6101

  	
   

  	
   

  
	
  725-6102

  	
   

  	
   

  
	
  725-6103

  	
   

  	
   

  
	
  725-6107

  	
   

  	
   

  
	
  728-6108

  	
   

  	
   

  
	
  725-6122

  	
   

  	
   

  
	
  725-6128

  	
   

  	
   

  
	
  825-6134

  	
   

  	
   

  
	
  728-6145

  	
   

  	
   

  
	
  728-6146

  	
   

  	
   

  
	
  728-6159

  	
   

  	
   

  
	
  728-6160

  	
   

  	
   

  
	
  728-6161

  	
   

  	
   

  
	
  728-6167

  	
   

  	
   

  
	
  728-6168

  	
   

  	
   

  
	
  728-6170

  	
   

  	
   

  
	
  728-6178

  	
   

  	
   

  
	
  728-6179

  	
   

  	
   

  
	
  728-6180

  	
   

  	
   

  
	
  728-6181

  	
   

  	
   

  
	
  728-6190

  	
   

  	
   

  
	
  728-6207

  	
   

  	
   

  
	
  728-6209

  	
   

  	
   

  
	
  728-6210

  	
   

  	
   

  
	
  725-6212

  	
   

  	
   

  
	
  728-6214

  	
   

  	
   

  
	
  728-6215

  	
   

  	
   

  
	
  728-6218

  	
   

  	
   

  
	
  728-6220

  	
   

  	
   

  
	
  728-6222

  	
   

  	
   

  
	
  728-6225

  	
   

  	
   

  
	
  728-6248

  	
   

  	
   

  
	
  728-6255

  	
   

  	
   

  
	
  728-6257

  	
   

  	
   

  
	
  728-6259

  	
   

  	
   

  
	
  728-6264

  	
   

  	
   

  
	
  728-6265

  	
   

  	
   

  
	
  728-6302

  	
   

  	
   

  
	
  728-6303

  	
   

  	
   

  
	
  728-6305

  	
   

  	
   

  
	
  728-6306

  	
   

  	
   

  
	
  728-6307

  	
   

  	
   

  
	
  728-6310

  	
   

  	
   

  
	
  728-6311

  	
   

  	
   

  
	
  728-6313

  	
   

  	
   

  
	
  728-6314

  	
   

  	
   

  
	
  728-6316

  	
   

  	
   

  



 


10

















 


EXHIBIT
B


 


	
  728-6318

  	
   

  	
   

  
	
  728-6319

  	
   

  	
   

  
	
  728-6329

  	
   

  	
   

  
	
  728-6330

  	
   

  	
   

  
	
  728-6331

  	
   

  	
   

  
	
  728-6333

  	
   

  	
   

  
	
  728-6334

  	
   

  	
   

  
	
  728-6360

  	
   

  	
   

  
	
  728-6363

  	
   

  	
   

  
	
  728-6364

  	
   

  	
   

  
	
  728-6373

  	
   

  	
   

  
	
  728-6375

  	
   

  	
   

  
	
  728-6379

  	
   

  	
   

  
	
  728-6380

  	
   

  	
   

  
	
  728-6381

  	
   

  	
   

  
	
  728-6382

  	
   

  	
   

  
	
  728-6383

  	
   

  	
   

  
	
  728-6384

  	
   

  	
   

  
	
  728-6388

  	
   

  	
   

  
	
  728-6389

  	
   

  	
   

  
	
  728-6390

  	
   

  	
   

  
	
  725-6391

  	
   

  	
   

  
	
  725-6392

  	
   

  	
   

  
	
  725-6393

  	
   

  	
   

  
	
  725-6394

  	
   

  	
   

  
	
  725-6397

  	
   

  	
   

  
	
  728-6398

  	
   

  	
   

  
	
  728-6399

  	
   

  	
   

  
	
  728-6400

  	
   

  	
   

  
	
  728-6402

  	
   

  	
   

  
	
  728-6403

  	
   

  	
   

  
	
  728-6404

  	
   

  	
   

  
	
  728-6405

  	
   

  	
   

  
	
  728-6406

  	
   

  	
   

  
	
  728-6409

  	
   

  	
   

  
	
  728-6417

  	
   

  	
   

  
	
  728-6418

  	
   

  	
   

  
	
  728-6419

  	
   

  	
   

  
	
  728-6420

  	
   

  	
   

  
	
  728-6425

  	
   

  	
   

  
	
  728-6426

  	
   

  	
   

  
	
  728-6431

  	
   

  	
   

  
	
  728-6433

  	
   

  	
   

  
	
  728-6434

  	
   

  	
   

  
	
  728-6435

  	
   

  	
   

  
	
  728-6437

  	
   

  	
   

  
	
  728-6440

  	
   

  	
   

  
	
  728-6441

  	
   

  	
   

  
	
  728-6442

  	
   

  	
   

  
	
  728-6443

  	
   

  	
   

  



 


11
















 


EXHIBIT
B


 


	
  728-6447

  	
   

  	
   

  
	
  728-6448

  	
   

  	
   

  
	
  728-6449

  	
   

  	
   

  
	
  728-6474

  	
   

  	
   

  
	
  728-6475

  	
   

  	
   

  
	
  728-6476

  	
   

  	
   

  
	
  728-6490

  	
   

  	
   

  
	
  728-6491

  	
   

  	
   

  
	
  728-6494

  	
   

  	
   

  
	
  728-6495

  	
   

  	
   

  
	
  728-6496

  	
   

  	
   

  
	
  728-6497

  	
   

  	
   

  
	
  728-6498

  	
   

  	
   

  
	
  728-6506

  	
   

  	
   

  
	
  728-6507

  	
   

  	
   

  
	
  728-6508

  	
   

  	
   

  
	
  728-6509

  	
   

  	
   

  
	
  728-6510

  	
   

  	
   

  
	
  728-6513

  	
   

  	
   

  
	
  728-6525

  	
   

  	
   

  
	
  728-6526

  	
   

  	
   

  
	
  728-6531

  	
   

  	
   

  
	
  728-6532

  	
   

  	
   

  
	
  728-6533

  	
   

  	
   

  
	
  728-6534

  	
   

  	
   

  
	
  728-6535

  	
   

  	
   

  
	
  728-6536

  	
   

  	
   

  
	
  728-6537

  	
   

  	
   

  
	
  728-6538

  	
   

  	
   

  
	
  728-6540

  	
   

  	
   

  
	
  728-6541

  	
   

  	
   

  
	
  728-6542

  	
   

  	
   

  
	
  728-6544

  	
   

  	
   

  
	
  728-6545

  	
   

  	
   

  
	
  728-6546

  	
   

  	
   

  
	
  728-6547

  	
   

  	
   

  
	
  728-6548

  	
   

  	
   

  
	
  728-6551

  	
   

  	
   

  
	
  728-6559

  	
   

  	
   

  
	
  728-6567

  	
   

  	
   

  
	
  728-6578

  	
   

  	
   

  
	
  728-6582

  	
   

  	
   

  
	
  728-6583

  	
   

  	
   

  
	
  728-6584

  	
   

  	
   

  
	
  728-6585

  	
   

  	
   

  
	
  728-6586

  	
   

  	
   

  
	
  728-6587

  	
   

  	
   

  
	
  728-6591

  	
   

  	
   

  
	
  728-6595

  	
   

  	
   

  
	
  728-6596

  	
   

  	
   

  



 


12

















 


EXHIBIT
B


 


	
  728-6598

  	
   

  	
   

  
	
  728-6599

  	
   

  	
   

  
	
  728-6600

  	
   

  	
   

  
	
  728-6603

  	
   

  	
   

  
	
  728-6604

  	
   

  	
   

  
	
  728-6605

  	
   

  	
   

  
	
  728-6610

  	
   

  	
   

  
	
  728-6612

  	
   

  	
   

  
	
  728-6613

  	
   

  	
   

  
	
  728-6614

  	
   

  	
   

  
	
  728-6615

  	
   

  	
   

  
	
  728-6616

  	
   

  	
   

  
	
  728-6617

  	
   

  	
   

  
	
  728-6618

  	
   

  	
   

  
	
  728-6619

  	
   

  	
   

  
	
  728-6622

  	
   

  	
   

  
	
  728-6623

  	
   

  	
   

  
	
  728-6624

  	
   

  	
   

  
	
  728-6626

  	
   

  	
   

  
	
  728-6627

  	
   

  	
   

  
	
  728-6628

  	
   

  	
   

  
	
  728-6638

  	
   

  	
   

  
	
  728-6641

  	
   

  	
   

  
	
  728-6642

  	
   

  	
   

  
	
  728-6644

  	
   

  	
   

  
	
  728-6647

  	
   

  	
   

  
	
  728-6648

  	
   

  	
   

  
	
  728-6649

  	
   

  	
   

  
	
  728-6651

  	
   

  	
   

  
	
  728-6662

  	
   

  	
   

  
	
  728-6664

  	
   

  	
   

  
	
  728-6665

  	
   

  	
   

  
	
  728-6666

  	
   

  	
   

  
	
  728-6667

  	
   

  	
   

  
	
  728-6678

  	
   

  	
   

  
	
  728-6682

  	
   

  	
   

  
	
  728-6689

  	
   

  	
   

  
	
  728-6692

  	
   

  	
   

  
	
  728-6693

  	
   

  	
   

  
	
  728-6694

  	
   

  	
   

  
	
  728-6696

  	
   

  	
   

  
	
  728-6697

  	
   

  	
   

  
	
  728-6698

  	
   

  	
   

  
	
  728-6702

  	
   

  	
   

  
	
  725-6720

  	
   

  	
   

  
	
  725-6721

  	
   

  	
   

  
	
  725-6722

  	
   

  	
   

  
	
  725-6725

  	
   

  	
   

  
	
  725-6727

  	
   

  	
   

  
	
  725-6732

  	
   

  	
   

  



 


13

















 


EXHIBIT
B


 


	
  725-6733

  	
   

  	
   

  
	
  728-6756

  	
   

  	
   

  
	
  725-6758

  	
   

  	
   

  
	
  725-6759

  	
   

  	
   

  
	
  725-6760

  	
   

  	
   

  
	
  725-6762

  	
   

  	
   

  
	
  725-6764

  	
   

  	
   

  
	
  725-6765

  	
   

  	
   

  
	
  725-6766

  	
   

  	
   

  
	
  728-6768

  	
   

  	
   

  
	
  728-6769

  	
   

  	
   

  
	
  728-6770

  	
   

  	
   

  
	
  728-6771

  	
   

  	
   

  
	
  728-6772

  	
   

  	
   

  
	
  725-6777

  	
   

  	
   

  
	
  725-6778

  	
   

  	
   

  
	
  725-6779

  	
   

  	
   

  
	
  725-6780

  	
   

  	
   

  
	
  725-6781

  	
   

  	
   

  
	
  725-6782

  	
   

  	
   

  
	
  728-6783

  	
   

  	
   

  
	
  725-6788

  	
   

  	
   

  
	
  725-6789

  	
   

  	
   

  
	
  725-6792

  	
   

  	
   

  
	
  725-6797

  	
   

  	
   

  
	
  725-6798

  	
   

  	
   

  
	
  725-6804

  	
   

  	
   

  
	
  725-6809

  	
   

  	
   

  
	
  728-6810

  	
   

  	
   

  
	
  728-6811

  	
   

  	
   

  
	
  728-6813

  	
   

  	
   

  
	
  728-6814

  	
   

  	
   

  
	
  728-6815

  	
   

  	
   

  
	
  728-6819

  	
   

  	
   

  
	
  728-6827

  	
   

  	
   

  
	
  728-6828

  	
   

  	
   

  
	
  728-6832

  	
   

  	
   

  
	
  728-6833

  	
   

  	
   

  
	
  728-6837

  	
   

  	
   

  
	
  728-6838

  	
   

  	
   

  
	
  728-6840

  	
   

  	
   

  
	
  728-6841

  	
   

  	
   

  
	
  728-6842

  	
   

  	
   

  
	
  728-6843

  	
   

  	
   

  
	
  728-6844

  	
   

  	
   

  
	
  728-6845

  	
   

  	
   

  
	
  728-6846

  	
   

  	
   

  
	
  728-6870

  	
   

  	
   

  
	
  728-6874

  	
   

  	
   

  
	
  728-6875

  	
   

  	
   

  



 


14

















 


EXHIBIT
B


 


	
  728-6876

  	
   

  	
   

  
	
  728-6878

  	
   

  	
   

  
	
  728-6879

  	
   

  	
   

  
	
  728-6882

  	
   

  	
   

  
	
  728-6883

  	
   

  	
   

  
	
  728-6884

  	
   

  	
   

  
	
  728-6885

  	
   

  	
   

  
	
  725-6888

  	
   

  	
   

  
	
  728-6931

  	
   

  	
   

  
	
  728-6932

  	
   

  	
   

  
	
  728-6933

  	
   

  	
   

  
	
  728-6935

  	
   

  	
   

  
	
  728-6970

  	
   

  	
   

  
	
  728-6974

  	
   

  	
   

  
	
  728-6989

  	
   

  	
   

  
	
  728-6990

  	
   

  	
   

  
	
  728-6991

  	
   

  	
   

  
	
  728-6992

  	
   

  	
   

  
	
  728-6993

  	
   

  	
   

  
	
  728-6994

  	
   

  	
   

  
	
  728-7017

  	
   

  	
   

  
	
  728-6992

  	
   

  	
   

  
	
  728-7022

  	
   

  	
   

  
	
  728-7023

  	
   

  	
   

  
	
  728-7024

  	
   

  	
   

  
	
  728-7025

  	
   

  	
   

  
	
  728-7026

  	
   

  	
   

  
	
  728-7027

  	
   

  	
   

  
	
  728-7029

  	
   

  	
   

  
	
  728-7031

  	
   

  	
   

  
	
  728-7033

  	
   

  	
   

  
	
  728-7034

  	
   

  	
   

  
	
  728-7035

  	
   

  	
   

  
	
  728-7036

  	
   

  	
   

  
	
  728-7048

  	
   

  	
   

  
	
  728-7049

  	
   

  	
   

  
	
  728-7050

  	
   

  	
   

  
	
  728-7051

  	
   

  	
   

  
	
  728-7052

  	
   

  	
   

  
	
  728-7059

  	
   

  	
   

  
	
  728-7060

  	
   

  	
   

  
	
  725-7064

  	
   

  	
   

  
	
  728-7085

  	
   

  	
   

  
	
  728-7095

  	
   

  	
   

  
	
  728-7096

  	
   

  	
   

  
	
  728-7097

  	
   

  	
   

  
	
  728-7098

  	
   

  	
   

  
	
  728-7103

  	
   

  	
   

  
	
  728-7104

  	
   

  	
   

  
	
  728-7105

  	
   

  	
   

  



 


15

















 


EXHIBIT
B


 


	
  728-7106

  	
   

  	
   

  
	
  728-7109

  	
   

  	
   

  
	
  728-7114

  	
   

  	
   

  
	
  728-7214

  	
   

  	
   

  
	
  728-7264

  	
   

  	
   

  
	
  728-7266

  	
   

  	
   

  
	
  728-7272

  	
   

  	
   

  
	
  728-7273

  	
   

  	
   

  
	
  728-7274

  	
   

  	
   

  
	
  728-7276

  	
   

  	
   

  
	
  728-7277

  	
   

  	
   

  
	
  728-7278

  	
   

  	
   

  
	
  728-7279

  	
   

  	
   

  
	
  728-7280

  	
   

  	
   

  
	
  728-7286

  	
   

  	
   

  
	
  728-7287

  	
   

  	
   

  
	
  728-7288

  	
   

  	
   

  
	
  728-7292

  	
   

  	
   

  
	
  728-7293

  	
   

  	
   

  
	
  728-7294

  	
   

  	
   

  
	
  728-7295

  	
   

  	
   

  
	
  728-7296

  	
   

  	
   

  
	
  725-7301

  	
   

  	
   

  
	
  728-7304

  	
   

  	
   

  
	
  725-7725

  	
   

  	
   

  
	
  728-198

  	
   

  	
   

  
	
  725-274

  	
   

  	
   

  
	
  725-278

  	
   

  	
   

  
	
  728-0285

  	
   

  	
   

  
	
  728-0289

  	
   

  	
   

  
	
  725-323

  	
   

  	
   

  
	
  725-327

  	
   

  	
   

  
	
  725-329

  	
   

  	
   

  
	
  725-404

  	
   

  	
   

  
	
  725-0405

  	
   

  	
   

  
	
  725-406

  	
   

  	
   

  
	
  725-423

  	
   

  	
   

  
	
  725-426

  	
   

  	
   

  
	
  725-443

  	
   

  	
   

  
	
  725-0447

  	
   

  	
   

  
	
  728-448

  	
   

  	
   

  
	
  725-449

  	
   

  	
   

  
	
  725-450

  	
   

  	
   

  
	
  725-451

  	
   

  	
   

  
	
  725-0459

  	
   

  	
   

  
	
  725-470

  	
   

  	
   

  
	
  725-497

  	
   

  	
   

  
	
  725-504

  	
   

  	
   

  
	
  725-506

  	
   

  	
   

  
	
  725-510

  	
   

  	
   

  



 


16

















 


EXHIBIT
B


 


	
  725-0511

  	
   

  	
   

  
	
  725-513

  	
   

  	
   

  
	
  728-1010

  	
   

  	
   

  
	
  728-1016

  	
   

  	
   

  
	
  728-1018

  	
   

  	
   

  
	
  728-1020

  	
   

  	
   

  
	
  728-1021

  	
   

  	
   

  
	
  728-111

  	
   

  	
   

  
	
  728-1120

  	
   

  	
   

  
	
  728-1127

  	
   

  	
   

  
	
  728-1130

  	
   

  	
   

  
	
  728-1137

  	
   

  	
   

  
	
  728-1138

  	
   

  	
   

  
	
  728-1139

  	
   

  	
   

  
	
  728-1306

  	
   

  	
   

  
	
  728-1315

  	
   

  	
   

  
	
  725-1824

  	
   

  	
   

  
	
  725-1829

  	
   

  	
   

  
	
  725-1831

  	
   

  	
   

  
	
  725-1833

  	
   

  	
   

  
	
  728-1849

  	
   

  	
   

  
	
  728-1850

  	
   

  	
   

  
	
  728-1852

  	
   

  	
   

  
	
  728-1863

  	
   

  	
   

  
	
  728-1869

  	
   

  	
   

  
	
  728-1870

  	
   

  	
   

  
	
  728-1871

  	
   

  	
   

  
	
  728-1872

  	
   

  	
   

  
	
  728-1873

  	
   

  	
   

  
	
  728-1874

  	
   

  	
   

  
	
  725-1913

  	
   

  	
   

  
	
  728-1934

  	
   

  	
   

  
	
  728-1935

  	
   

  	
   

  
	
  728-1936

  	
   

  	
   

  
	
  715-1940

  	
   

  	
   

  
	
  725-1941

  	
   

  	
   

  
	
  725-1942

  	
   

  	
   

  
	
  728-1987

  	
   

  	
   

  
	
  728-1989

  	
   

  	
   

  
	
  728-1990

  	
   

  	
   

  
	
  728-1991

  	
   

  	
   

  
	
  728-1992

  	
   

  	
   

  
	
  711-1998

  	
   

  	
   

  
	
  715-1999

  	
   

  	
   

  
	
  725-2001

  	
   

  	
   

  
	
  728-2005

  	
   

  	
   

  
	
  728-2006

  	
   

  	
   

  
	
  728-2007

  	
   

  	
   

  
	
  728-2008

  	
   

  	
   

  
	
  728-2009

  	
   

  	
   

  



 


17

















 


EXHIBIT
B


 


	
  728-2010

  	
   

  	
   

  
	
  728-2011

  	
   

  	
   

  
	
  728-2012

  	
   

  	
   

  
	
  728-2014

  	
   

  	
   

  
	
  728-2015

  	
   

  	
   

  
	
  711-2016

  	
   

  	
   

  
	
  728-2020

  	
   

  	
   

  
	
  728-2024

  	
   

  	
   

  
	
  725-2026

  	
   

  	
   

  
	
  725-2027

  	
   

  	
   

  
	
  725-2031

  	
   

  	
   

  
	
  725-2032

  	
   

  	
   

  
	
  711-2033

  	
   

  	
   

  
	
  728-2112

  	
   

  	
   

  
	
  728-2113

  	
   

  	
   

  
	
  728-2114

  	
   

  	
   

  
	
  728-2115

  	
   

  	
   

  
	
  728-2116

  	
   

  	
   

  
	
  728-2117

  	
   

  	
   

  
	
  728-2118

  	
   

  	
   

  
	
  728-2120

  	
   

  	
   

  
	
  728-2121

  	
   

  	
   

  
	
  716-2135

  	
   

  	
   

  
	
  725-2135

  	
   

  	
   

  
	
  728-2145

  	
   

  	
   

  
	
  728-2146

  	
   

  	
   

  
	
  728-2148

  	
   

  	
   

  
	
  728-2149

  	
   

  	
   

  
	
  728-2150

  	
   

  	
   

  
	
  728-2151

  	
   

  	
   

  
	
  728-2199

  	
   

  	
   

  
	
  728-2200

  	
   

  	
   

  
	
  728-2201

  	
   

  	
   

  
	
  728-2203

  	
   

  	
   

  
	
  728-2206

  	
   

  	
   

  
	
  728-2207

  	
   

  	
   

  
	
  728-2208

  	
   

  	
   

  
	
  728-2220

  	
   

  	
   

  
	
  711-2266

  	
   

  	
   

  
	
  728-2274

  	
   

  	
   

  
	
  728-2275

  	
   

  	
   

  
	
  728-2276

  	
   

  	
   

  
	
  728-2277

  	
   

  	
   

  
	
  728-2279

  	
   

  	
   

  
	
  728-2280

  	
   

  	
   

  
	
  728-2286

  	
   

  	
   

  
	
  725-2372

  	
   

  	
   

  
	
  725-2374

  	
   

  	
   

  
	
  725-2375

  	
   

  	
   

  
	
  710-2376

  	
   

  	
   

  



 


18

















 


EXHIBIT
B


 


	
  711-2376

  	
   

  	
   

  
	
  711-2378

  	
   

  	
   

  
	
  725-2379

  	
   

  	
   

  
	
  728-2389

  	
   

  	
   

  
	
  728-2390

  	
   

  	
   

  
	
  728-2391

  	
   

  	
   

  
	
  728-2392

  	
   

  	
   

  
	
  728-2399

  	
   

  	
   

  
	
  728-2400

  	
   

  	
   

  
	
  728-2453

  	
   

  	
   

  
	
  728-2469

  	
   

  	
   

  
	
  728-2470

  	
   

  	
   

  
	
  728-2471

  	
   

  	
   

  
	
  728-2472

  	
   

  	
   

  
	
  728-2473

  	
   

  	
   

  
	
  728-2474

  	
   

  	
   

  
	
  728-2476

  	
   

  	
   

  
	
  728-2477

  	
   

  	
   

  
	
  728-2478

  	
   

  	
   

  
	
  728-2479

  	
   

  	
   

  
	
  728-2482

  	
   

  	
   

  
	
  728-2484

  	
   

  	
   

  
	
  728-2547

  	
   

  	
   

  
	
  728-2548

  	
   

  	
   

  
	
  728-2549

  	
   

  	
   

  
	
  728-2550

  	
   

  	
   

  
	
  728-2551

  	
   

  	
   

  
	
  728-2555

  	
   

  	
   

  
	
  728-2556

  	
   

  	
   

  
	
  728-2557

  	
   

  	
   

  
	
  728-2558

  	
   

  	
   

  
	
  728-2559

  	
   

  	
   

  
	
  728-2562

  	
   

  	
   

  
	
  728-2563

  	
   

  	
   

  
	
  728-2565

  	
   

  	
   

  
	
  728-2566

  	
   

  	
   

  
	
  728-2583

  	
   

  	
   

  
	
  728-2584

  	
   

  	
   

  
	
  728-2585

  	
   

  	
   

  
	
  728-2586

  	
   

  	
   

  
	
  725-2587

  	
   

  	
   

  
	
  728-2587

  	
   

  	
   

  
	
  728-2588

  	
   

  	
   

  
	
  728-2589

  	
   

  	
   

  
	
  728-2591

  	
   

  	
   

  
	
  728-2592

  	
   

  	
   

  
	
  728-2593

  	
   

  	
   

  
	
  728-2594

  	
   

  	
   

  
	
  728-2595

  	
   

  	
   

  
	
  728-2596

  	
   

  	
   

  



 


19

















 


EXHIBIT
B


 


	
  728-2598

  	
   

  	
   

  
	
  728-2599

  	
   

  	
   

  
	
  728-2600

  	
   

  	
   

  
	
  728-2601

  	
   

  	
   

  
	
  728-2602

  	
   

  	
   

  
	
  728-2623

  	
   

  	
   

  
	
  828-2627

  	
   

  	
   

  
	
  828-2628

  	
   

  	
   

  
	
  711-2703

  	
   

  	
   

  
	
  711-2706

  	
   

  	
   

  
	
  711-2823

  	
   

  	
   

  
	
  711-2824

  	
   

  	
   

  
	
  728-2831

  	
   

  	
   

  
	
  728-2835

  	
   

  	
   

  
	
  828-2837

  	
   

  	
   

  
	
  828-2838

  	
   

  	
   

  
	
  825-2839

  	
   

  	
   

  
	
  728-2843

  	
   

  	
   

  
	
  728-2844

  	
   

  	
   

  
	
  728-2845

  	
   

  	
   

  
	
  728-2846

  	
   

  	
   

  
	
  728-2863

  	
   

  	
   

  
	
  728-2869

  	
   

  	
   

  
	
  728-2870

  	
   

  	
   

  
	
  728-2926

  	
   

  	
   

  
	
  728-2927

  	
   

  	
   

  
	
  728-2928

  	
   

  	
   

  
	
  728-2929

  	
   

  	
   

  
	
  728-2931

  	
   

  	
   

  
	
  728-2938

  	
   

  	
   

  
	
  728-2939

  	
   

  	
   

  
	
  728-2940

  	
   

  	
   

  
	
  728-2942

  	
   

  	
   

  
	
  728-2965

  	
   

  	
   

  
	
  728-2966

  	
   

  	
   

  
	
  728-2968

  	
   

  	
   

  
	
  728-2975

  	
   

  	
   

  
	
  728-2976

  	
   

  	
   

  
	
  728-2977

  	
   

  	
   

  
	
  728-2978

  	
   

  	
   

  
	
  728-2979

  	
   

  	
   

  
	
  725-2980

  	
   

  	
   

  
	
  728-2990

  	
   

  	
   

  
	
  828-3006

  	
   

  	
   

  
	
  728-3035

  	
   

  	
   

  
	
  728-3036

  	
   

  	
   

  
	
  728-3037

  	
   

  	
   

  
	
  728-3038

  	
   

  	
   

  
	
  728-3040

  	
   

  	
   

  
	
  728-3041

  	
   

  	
   

  



 


20

















 


EXHIBIT
B


 


	
  728-3043

  	
   

  	
   

  
	
  728-3044

  	
   

  	
   

  
	
  728-3045

  	
   

  	
   

  
	
  728-3046

  	
   

  	
   

  
	
  728-3047

  	
   

  	
   

  
	
  728-3048

  	
   

  	
   

  
	
  728-3049

  	
   

  	
   

  
	
  728-3050

  	
   

  	
   

  
	
  728-3051

  	
   

  	
   

  
	
  728-3052

  	
   

  	
   

  
	
  728-3053

  	
   

  	
   

  
	
  728-3054

  	
   

  	
   

  
	
  728-3082

  	
   

  	
   

  
	
  728-3083

  	
   

  	
   

  
	
  728-3084

  	
   

  	
   

  
	
  728-3166

  	
   

  	
   

  
	
  728-3167

  	
   

  	
   

  
	
  728-3169

  	
   

  	
   

  
	
  728-3171

  	
   

  	
   

  
	
  728-3172

  	
   

  	
   

  
	
  728-3173

  	
   

  	
   

  
	
  728-3175

  	
   

  	
   

  
	
  728-3176

  	
   

  	
   

  
	
  725-3178

  	
   

  	
   

  
	
  728-3212

  	
   

  	
   

  
	
  728-3216

  	
   

  	
   

  
	
  728-3217

  	
   

  	
   

  
	
  728-3218

  	
   

  	
   

  
	
  728-3220

  	
   

  	
   

  
	
  828-3221

  	
   

  	
   

  
	
  828-3222

  	
   

  	
   

  
	
  828-3227

  	
   

  	
   

  
	
  828-3290

  	
   

  	
   

  
	
  728-3305

  	
   

  	
   

  
	
  728-3307

  	
   

  	
   

  
	
  728-3310

  	
   

  	
   

  
	
  728-3311

  	
   

  	
   

  
	
  728-3313

  	
   

  	
   

  
	
  728-3314

  	
   

  	
   

  
	
  728-3315

  	
   

  	
   

  
	
  728-3317

  	
   

  	
   

  
	
  728-3318

  	
   

  	
   

  
	
  728-3319

  	
   

  	
   

  
	
  728-3323

  	
   

  	
   

  
	
  728-3324

  	
   

  	
   

  
	
  728-3327

  	
   

  	
   

  
	
  728-3328

  	
   

  	
   

  
	
  728-3356

  	
   

  	
   

  
	
  711-3399

  	
   

  	
   

  
	
  828-3414

  	
   

  	
   

  



 


21
















 


EXHIBIT
B


 


	
  728-3432

  	
   

  	
   

  
	
  728-3433

  	
   

  	
   

  
	
  728-3437

  	
   

  	
   

  
	
  728-3438

  	
   

  	
   

  
	
  828-3447

  	
   

  	
   

  
	
  728-3449

  	
   

  	
   

  
	
  728-3452

  	
   

  	
   

  
	
  725-3549

  	
   

  	
   

  
	
  725-3550

  	
   

  	
   

  
	
  728-3553

  	
   

  	
   

  
	
  725-3554

  	
   

  	
   

  
	
  728-3554

  	
   

  	
   

  
	
  728-3555

  	
   

  	
   

  
	
  728-3556

  	
   

  	
   

  
	
  728-3557

  	
   

  	
   

  
	
  728-3558

  	
   

  	
   

  
	
  728-3561

  	
   

  	
   

  
	
  728-3562

  	
   

  	
   

  
	
  728-3563

  	
   

  	
   

  
	
  728-3564

  	
   

  	
   

  
	
  728-3565

  	
   

  	
   

  
	
  728-3566

  	
   

  	
   

  
	
  728-3567

  	
   

  	
   

  
	
  728-3568

  	
   

  	
   

  
	
  728-3569

  	
   

  	
   

  
	
  728-3575

  	
   

  	
   

  
	
  728-3589

  	
   

  	
   

  
	
  728-3590

  	
   

  	
   

  
	
  728-3592

  	
   

  	
   

  
	
  728-3593

  	
   

  	
   

  
	
  728-3594

  	
   

  	
   

  
	
  728-3595

  	
   

  	
   

  
	
  728-3596

  	
   

  	
   

  
	
  728-3597

  	
   

  	
   

  
	
  728-3598

  	
   

  	
   

  
	
  728-3601

  	
   

  	
   

  
	
  728-3602

  	
   

  	
   

  
	
  728-3603

  	
   

  	
   

  
	
  728-3604

  	
   

  	
   

  
	
  728-3610

  	
   

  	
   

  
	
  728-3611

  	
   

  	
   

  
	
  728-3612

  	
   

  	
   

  
	
  728-3613

  	
   

  	
   

  
	
  728-3614

  	
   

  	
   

  
	
  728-3615

  	
   

  	
   

  
	
  728-3616

  	
   

  	
   

  
	
  728-3617

  	
   

  	
   

  
	
  728-3618

  	
   

  	
   

  
	
  728-3619

  	
   

  	
   

  
	
  728-3620

  	
   

  	
   

  



 


22

















 


EXHIBIT
B


 


	
  728-3621

  	
   

  	
   

  
	
  728-3622

  	
   

  	
   

  
	
  728-3623

  	
   

  	
   

  
	
  825-3625

  	
   

  	
   

  
	
  728-3626

  	
   

  	
   

  
	
  728-3628

  	
   

  	
   

  
	
  728-3629

  	
   

  	
   

  
	
  728-3630

  	
   

  	
   

  
	
  728-3631

  	
   

  	
   

  
	
  728-3632

  	
   

  	
   

  
	
  728-3633

  	
   

  	
   

  
	
  728-3634

  	
   

  	
   

  
	
  728-3635

  	
   

  	
   

  
	
  728-3636

  	
   

  	
   

  
	
  728-3637

  	
   

  	
   

  
	
  728-3640

  	
   

  	
   

  
	
  728-3646

  	
   

  	
   

  
	
  728-3649

  	
   

  	
   

  
	
  728-3650

  	
   

  	
   

  
	
  728-3651

  	
   

  	
   

  
	
  728-3652

  	
   

  	
   

  
	
  728-3655

  	
   

  	
   

  
	
  728-3662

  	
   

  	
   

  
	
  728-3663

  	
   

  	
   

  
	
  728-3666

  	
   

  	
   

  
	
  728-3667

  	
   

  	
   

  
	
  728-3668

  	
   

  	
   

  
	
  728-3671

  	
   

  	
   

  
	
  728-3672

  	
   

  	
   

  
	
  728-3673

  	
   

  	
   

  
	
  728-3674

  	
   

  	
   

  
	
  728-3675

  	
   

  	
   

  
	
  728-3678

  	
   

  	
   

  
	
  728-3682

  	
   

  	
   

  
	
  728-3683

  	
   

  	
   

  
	
  725-3685

  	
   

  	
   

  
	
  728-3703

  	
   

  	
   

  
	
  728-3704

  	
   

  	
   

  
	
  728-3705

  	
   

  	
   

  
	
  728-3706

  	
   

  	
   

  
	
  728-3707

  	
   

  	
   

  
	
  728-3710

  	
   

  	
   

  
	
  728-3711

  	
   

  	
   

  
	
  728-3712

  	
   

  	
   

  
	
  728-3713

  	
   

  	
   

  
	
  728-3714

  	
   

  	
   

  
	
  728-3715

  	
   

  	
   

  
	
  728-3716

  	
   

  	
   

  
	
  728-3718

  	
   

  	
   

  
	
  728-3719

  	
   

  	
   

  



 


23

















 


EXHIBIT
B


 


	
  728-3720

  	
   

  	
   

  
	
  728-3722

  	
   

  	
   

  
	
  728-3723

  	
   

  	
   

  
	
  728-3724

  	
   

  	
   

  
	
  728-3725

  	
   

  	
   

  
	
  728-3727

  	
   

  	
   

  
	
  728-3728

  	
   

  	
   

  
	
  728-3739

  	
   

  	
   

  
	
  728-3748

  	
   

  	
   

  
	
  728-3749

  	
   

  	
   

  
	
  728-3750

  	
   

  	
   

  
	
  728-3751

  	
   

  	
   

  
	
  728-3752

  	
   

  	
   

  
	
  728-3753

  	
   

  	
   

  
	
  728-3756

  	
   

  	
   

  
	
  728-3757

  	
   

  	
   

  
	
  728-3758

  	
   

  	
   

  
	
  728-3759

  	
   

  	
   

  
	
  728-3760

  	
   

  	
   

  
	
  728-3761

  	
   

  	
   

  
	
  728-3763

  	
   

  	
   

  
	
  728-3764

  	
   

  	
   

  
	
  728-3768

  	
   

  	
   

  
	
  728-3769

  	
   

  	
   

  
	
  825-3804

  	
   

  	
   

  
	
  711-3811

  	
   

  	
   

  
	
  728-3884

  	
   

  	
   

  
	
  728-3885

  	
   

  	
   

  
	
  728-3886

  	
   

  	
   

  
	
  728-3888

  	
   

  	
   

  
	
  728-3889

  	
   

  	
   

  
	
  728-3890

  	
   

  	
   

  
	
  728-3892

  	
   

  	
   

  
	
  728-3893

  	
   

  	
   

  
	
  728-3894

  	
   

  	
   

  
	
  728-3895

  	
   

  	
   

  
	
  728-3896

  	
   

  	
   

  
	
  728-3897

  	
   

  	
   

  
	
  728-3899

  	
   

  	
   

  
	
  728-3900

  	
   

  	
   

  
	
  728-3901

  	
   

  	
   

  
	
  728-3902

  	
   

  	
   

  
	
  728-3903

  	
   

  	
   

  
	
  728-386

  	
   

  	
   

  
	
  725-3953

  	
   

  	
   

  
	
  728-3956

  	
   

  	
   

  
	
  728-3957

  	
   

  	
   

  
	
  728-3958

  	
   

  	
   

  
	
  728-3959

  	
   

  	
   

  
	
  728-3960

  	
   

  	
   

  



 


24

















 


EXHIBIT
B


 


	
  728-3961

  	
   

  	
   

  
	
  728-3964

  	
   

  	
   

  
	
  728-3966

  	
   

  	
   

  
	
  728-3967

  	
   

  	
   

  
	
  728-3970

  	
   

  	
   

  
	
  728-3971

  	
   

  	
   

  
	
  728-3973

  	
   

  	
   

  
	
  728-3974

  	
   

  	
   

  
	
  728-3976

  	
   

  	
   

  
	
  728-3977

  	
   

  	
   

  
	
  728-3978

  	
   

  	
   

  
	
  728-3979

  	
   

  	
   

  
	
  728-4057

  	
   

  	
   

  
	
  728-4058

  	
   

  	
   

  
	
  728-4059

  	
   

  	
   

  
	
  728-4060

  	
   

  	
   

  
	
  728-4061

  	
   

  	
   

  
	
  728-4062

  	
   

  	
   

  
	
  728-4065

  	
   

  	
   

  
	
  728-4068

  	
   

  	
   

  
	
  728-4070

  	
   

  	
   

  
	
  728-4071

  	
   

  	
   

  
	
  728-4072

  	
   

  	
   

  
	
  728-4073

  	
   

  	
   

  
	
  728-4074

  	
   

  	
   

  
	
  728-4075

  	
   

  	
   

  
	
  728-4076

  	
   

  	
   

  
	
  828-4086

  	
   

  	
   

  
	
  828-4087

  	
   

  	
   

  
	
  728-4099

  	
   

  	
   

  
	
  728-4100

  	
   

  	
   

  
	
  728-4101

  	
   

  	
   

  
	
  728-4102

  	
   

  	
   

  
	
  728-4105

  	
   

  	
   

  
	
  728-4158

  	
   

  	
   

  
	
  728-4159

  	
   

  	
   

  
	
  728-4160

  	
   

  	
   

  
	
  728-4162

  	
   

  	
   

  
	
  728-4163

  	
   

  	
   

  
	
  728-4164

  	
   

  	
   

  
	
  728-4165

  	
   

  	
   

  
	
  728-4166

  	
   

  	
   

  
	
  728-4167

  	
   

  	
   

  
	
  728-4168

  	
   

  	
   

  
	
  728-4169

  	
   

  	
   

  
	
  728-4170

  	
   

  	
   

  
	
  728-4171

  	
   

  	
   

  
	
  728-4172

  	
   

  	
   

  
	
  728-4174

  	
   

  	
   

  
	
  728-4175

  	
   

  	
   

  



 


25

















 


EXHIBIT
B


 


	
  728-4176

  	
   

  	
   

  
	
  728-4250

  	
   

  	
   

  
	
  728-4251

  	
   

  	
   

  
	
  728-4252

  	
   

  	
   

  
	
  728-4253

  	
   

  	
   

  
	
  728-4255

  	
   

  	
   

  
	
  728-4256

  	
   

  	
   

  
	
  728-4258

  	
   

  	
   

  
	
  728-4259

  	
   

  	
   

  
	
  728-4260

  	
   

  	
   

  
	
  728-4261

  	
   

  	
   

  
	
  728-4262

  	
   

  	
   

  
	
  728-4264

  	
   

  	
   

  
	
  728-4265

  	
   

  	
   

  
	
  728-4266

  	
   

  	
   

  
	
  728-4267

  	
   

  	
   

  
	
  728-4268

  	
   

  	
   

  
	
  728-4269

  	
   

  	
   

  
	
  728-4270

  	
   

  	
   

  
	
  728-4271

  	
   

  	
   

  
	
  728-4272

  	
   

  	
   

  
	
  728-4273

  	
   

  	
   

  
	
  728-4277

  	
   

  	
   

  
	
  728-4279

  	
   

  	
   

  
	
  728-4280

  	
   

  	
   

  
	
  728-4281

  	
   

  	
   

  
	
  728-4282

  	
   

  	
   

  
	
  728-4283

  	
   

  	
   

  
	
  728-4356

  	
   

  	
   

  
	
  728-4360

  	
   

  	
   

  
	
  728-4361

  	
   

  	
   

  
	
  728-4362

  	
   

  	
   

  
	
  728-4363

  	
   

  	
   

  
	
  728-4369

  	
   

  	
   

  
	
  728-4370

  	
   

  	
   

  
	
  728-4371

  	
   

  	
   

  
	
  728-4373

  	
   

  	
   

  
	
  728-4374

  	
   

  	
   

  
	
  728-4376

  	
   

  	
   

  
	
  728-4377

  	
   

  	
   

  
	
  728-4441

  	
   

  	
   

  
	
  728-4488

  	
   

  	
   

  
	
  728-4499

  	
   

  	
   

  
	
  728-4511

  	
   

  	
   

  
	
  728-4523

  	
   

  	
   

  
	
  728-4533

  	
   

  	
   

  
	
  728-4602

  	
   

  	
   

  
	
  725-4738

  	
   

  	
   

  
	
  725-001

  	
   

  	
   

  
	
  725-002

  	
   

  	
   

  



 


26

















 


EXHIBIT
B


 


	
  725-003

  	
   

  	
   

  
	
  725-004

  	
   

  	
   

  
	
  711-005

  	
   

  	
   

  
	
  711-006

  	
   

  	
   

  
	
  711-007

  	
   

  	
   

  
	
  711-008

  	
   

  	
   

  
	
  725-010

  	
   

  	
   

  
	
  725-011

  	
   

  	
   

  
	
  725-012

  	
   

  	
   

  
	
  725-013

  	
   

  	
   

  
	
  725-014

  	
   

  	
   

  
	
  725-015

  	
   

  	
   

  
	
  711-016

  	
   

  	
   

  
	
  711-017

  	
   

  	
   

  
	
  725-018

  	
   

  	
   

  
	
  728-019

  	
   

  	
   

  
	
  728-020

  	
   

  	
   

  
	
  725-021

  	
   

  	
   

  
	
  725-022

  	
   

  	
   

  
	
  711-023

  	
   

  	
   

  
	
  714-024

  	
   

  	
   

  
	
  711-025

  	
   

  	
   

  
	
  725-026

  	
   

  	
   

  
	
  725-027

  	
   

  	
   

  
	
  725-028

  	
   

  	
   

  
	
  725-029

  	
   

  	
   

  
	
  725-030

  	
   

  	
   

  
	
  711-031

  	
   

  	
   

  
	
  725-032

  	
   

  	
   

  
	
  711-033

  	
   

  	
   

  
	
  711-034

  	
   

  	
   

  
	
  711-035

  	
   

  	
   

  
	
  711-036

  	
   

  	
   

  
	
  711-037

  	
   

  	
   

  
	
  728-038

  	
   

  	
   

  
	
  725-039

  	
   

  	
   

  
	
  728-040

  	
   

  	
   

  
	
  711-041

  	
   

  	
   

  
	
  711-042

  	
   

  	
   

  
	
  711-043

  	
   

  	
   

  
	
  725-044

  	
   

  	
   

  
	
  711-045

  	
   

  	
   

  
	
  728-046

  	
   

  	
   

  
	
  725-047

  	
   

  	
   

  
	
  711-048

  	
   

  	
   

  
	
  711-049

  	
   

  	
   

  
	
  711-050

  	
   

  	
   

  
	
  711-051

  	
   

  	
   

  
	
  725-052

  	
   

  	
   

  
	
  711-053

  	
   

  	
   

  



 


27

















 


EXHIBIT
B


 


	
  715-054

  	
   

  	
   

  
	
  725-055

  	
   

  	
   

  
	
  725-056

  	
   

  	
   

  
	
  711-057

  	
   

  	
   

  
	
  711-058

  	
   

  	
   

  
	
  711-059

  	
   

  	
   

  
	
  725-060

  	
   

  	
   

  
	
  711-062

  	
   

  	
   

  
	
  725-063

  	
   

  	
   

  
	
  725-064

  	
   

  	
   

  
	
  725-065

  	
   

  	
   

  
	
  711-066

  	
   

  	
   

  
	
  725-067

  	
   

  	
   

  
	
  725-068

  	
   

  	
   

  
	
  725-069

  	
   

  	
   

  
	
  725-070

  	
   

  	
   

  
	
  711-071

  	
   

  	
   

  
	
  725-072

  	
   

  	
   

  
	
  711-073

  	
   

  	
   

  
	
  725-074

  	
   

  	
   

  
	
  711-075

  	
   

  	
   

  
	
  725-076

  	
   

  	
   

  
	
  725-077

  	
   

  	
   

  
	
  711-078

  	
   

  	
   

  
	
  725-079

  	
   

  	
   

  
	
  725-080

  	
   

  	
   

  
	
  711-081

  	
   

  	
   

  
	
  711-082

  	
   

  	
   

  
	
  725-083

  	
   

  	
   

  
	
  725-084

  	
   

  	
   

  
	
  711-086

  	
   

  	
   

  
	
  711-087

  	
   

  	
   

  
	
  711-088

  	
   

  	
   

  
	
  725-089

  	
   

  	
   

  
	
  725-090

  	
   

  	
   

  
	
  725-091

  	
   

  	
   

  
	
  725-092

  	
   

  	
   

  
	
  725-093

  	
   

  	
   

  
	
  725-094

  	
   

  	
   

  
	
  711-095

  	
   

  	
   

  
	
  710-096

  	
   

  	
   

  
	
  711-099

  	
   

  	
   

  
	
  711-100

  	
   

  	
   

  
	
  711-101

  	
   

  	
   

  
	
  725-102

  	
   

  	
   

  
	
  725-103

  	
   

  	
   

  
	
  725-104

  	
   

  	
   

  
	
  725-105

  	
   

  	
   

  
	
  711-106

  	
   

  	
   

  
	
  725-107

  	
   

  	
   

  



 


28

















 


EXHIBIT
B


 


	
  711-108

  	
   

  	
   

  
	
  711-109

  	
   

  	
   

  
	
  711-110

  	
   

  	
   

  
	
  725-111

  	
   

  	
   

  
	
  725-112

  	
   

  	
   

  
	
  711-113

  	
   

  	
   

  
	
  714-116

  	
   

  	
   

  
	
  728-117-1

  	
   

  	
   

  
	
  714-118

  	
   

  	
   

  
	
  714-119

  	
   

  	
   

  
	
  711-120

  	
   

  	
   

  
	
  725-121

  	
   

  	
   

  
	
  711-122

  	
   

  	
   

  
	
  725-123

  	
   

  	
   

  
	
  725-124

  	
   

  	
   

  
	
  725-125

  	
   

  	
   

  
	
  725-126

  	
   

  	
   

  
	
  725-127

  	
   

  	
   

  
	
  711-128

  	
   

  	
   

  
	
  711-129

  	
   

  	
   

  
	
  725-130

  	
   

  	
   

  
	
  725-133

  	
   

  	
   

  
	
  725-134

  	
   

  	
   

  
	
  725-135

  	
   

  	
   

  
	
  711-136

  	
   

  	
   

  
	
  711-137

  	
   

  	
   

  
	
  725-138

  	
   

  	
   

  
	
  725-139

  	
   

  	
   

  
	
  711-140

  	
   

  	
   

  
	
  725-141

  	
   

  	
   

  
	
  725-142

  	
   

  	
   

  
	
  711-144

  	
   

  	
   

  
	
  711-145

  	
   

  	
   

  
	
  725-146

  	
   

  	
   

  
	
  711-147

  	
   

  	
   

  
	
  725-150

  	
   

  	
   

  
	
  711-151

  	
   

  	
   

  
	
  725-152

  	
   

  	
   

  
	
  711-153

  	
   

  	
   

  
	
  711-154

  	
   

  	
   

  
	
  711-155

  	
   

  	
   

  
	
  725-156

  	
   

  	
   

  
	
  711-157

  	
   

  	
   

  
	
  725-158

  	
   

  	
   

  
	
  710-159

  	
   

  	
   

  
	
  725-159

  	
   

  	
   

  
	
  725-160

  	
   

  	
   

  
	
  710-161

  	
   

  	
   

  
	
  711-161

  	
   

  	
   

  
	
  711-162

  	
   

  	
   

  



 


29

















 


EXHIBIT
B


 


	
  715-163

  	
   

  	
   

  
	
  725-165

  	
   

  	
   

  
	
  711-166

  	
   

  	
   

  
	
  711-167

  	
   

  	
   

  
	
  711-168

  	
   

  	
   

  
	
  711-169

  	
   

  	
   

  
	
  725-173

  	
   

  	
   

  
	
  725-174

  	
   

  	
   

  
	
  725-175

  	
   

  	
   

  
	
  725-177

  	
   

  	
   

  
	
  711-178

  	
   

  	
   

  
	
  711-179

  	
   

  	
   

  
	
  728-180

  	
   

  	
   

  
	
  725-181

  	
   

  	
   

  
	
  725-182

  	
   

  	
   

  
	
  725-183

  	
   

  	
   

  
	
  725-184

  	
   

  	
   

  
	
  725-185

  	
   

  	
   

  
	
  725-186

  	
   

  	
   

  
	
  725-187

  	
   

  	
   

  
	
  725-188

  	
   

  	
   

  
	
  725-189

  	
   

  	
   

  
	
  711-190

  	
   

  	
   

  
	
  710-191

  	
   

  	
   

  
	
  725-191

  	
   

  	
   

  
	
  711-192

  	
   

  	
   

  
	
  711-193

  	
   

  	
   

  
	
  711-194

  	
   

  	
   

  
	
  711-195

  	
   

  	
   

  
	
  725-196

  	
   

  	
   

  
	
  725-197

  	
   

  	
   

  
	
  725-199

  	
   

  	
   

  
	
  711-200

  	
   

  	
   

  
	
  725-201

  	
   

  	
   

  
	
  711-202

  	
   

  	
   

  
	
  711-203

  	
   

  	
   

  
	
  725-204

  	
   

  	
   

  
	
  716-206

  	
   

  	
   

  
	
  725-206

  	
   

  	
   

  
	
  725-207

  	
   

  	
   

  
	
  711-208

  	
   

  	
   

  
	
  725-209

  	
   

  	
   

  
	
  725-210

  	
   

  	
   

  
	
  711-211

  	
   

  	
   

  
	
  725-212

  	
   

  	
   

  
	
  725-213

  	
   

  	
   

  
	
  711-214

  	
   

  	
   

  
	
  725-215

  	
   

  	
   

  
	
  711-216

  	
   

  	
   

  
	
  726-217

  	
   

  	
   

  



 


30

















 


EXHIBIT
B


 


	
  711-218

  	
   

  	
   

  
	
  711-219

  	
   

  	
   

  
	
  725-220

  	
   

  	
   

  
	
  711-221

  	
   

  	
   

  
	
  725-222

  	
   

  	
   

  
	
  711-223

  	
   

  	
   

  
	
  725-224

  	
   

  	
   

  
	
  711-225

  	
   

  	
   

  
	
  725-226

  	
   

  	
   

  
	
  711-227

  	
   

  	
   

  
	
  715-228

  	
   

  	
   

  
	
  725-229

  	
   

  	
   

  
	
  725-232

  	
   

  	
   

  
	
  711-233

  	
   

  	
   

  
	
  725-234

  	
   

  	
   

  
	
  725-235

  	
   

  	
   

  
	
  725-236

  	
   

  	
   

  
	
  725-237

  	
   

  	
   

  
	
  725-238

  	
   

  	
   

  
	
  711-239

  	
   

  	
   

  
	
  711-240

  	
   

  	
   

  
	
  711-242

  	
   

  	
   

  
	
  725-243

  	
   

  	
   

  
	
  711-244

  	
   

  	
   

  
	
  725-245

  	
   

  	
   

  
	
  725-247

  	
   

  	
   

  
	
  725-248

  	
   

  	
   

  
	
  725-250

  	
   

  	
   

  
	
  728-252

  	
   

  	
   

  
	
  725-256

  	
   

  	
   

  
	
  711-257

  	
   

  	
   

  
	
  725-258

  	
   

  	
   

  
	
  728-261

  	
   

  	
   

  
	
  728-263

  	
   

  	
   

  
	
  711-265

  	
   

  	
   

  
	
  725-266

  	
   

  	
   

  
	
  711-267

  	
   

  	
   

  
	
  725-268

  	
   

  	
   

  
	
  725-269

  	
   

  	
   

  
	
  725-270

  	
   

  	
   

  
	
  725-271

  	
   

  	
   

  
	
  728-280

  	
   

  	
   

  
	
  728-283

  	
   

  	
   

  
	
  715-284

  	
   

  	
   

  
	
  725-286

  	
   

  	
   

  
	
  725-287

  	
   

  	
   

  
	
  725-288

  	
   

  	
   

  
	
  725-294

  	
   

  	
   

  
	
  725-300

  	
   

  	
   

  
	
  725-306

  	
   

  	
   

  



 


31
















 


EXHIBIT
B


 


	
  725-308

  	
   

  	
   

  
	
  725-310

  	
   

  	
   

  
	
  725-311

  	
   

  	
   

  
	
  725-312

  	
   

  	
   

  
	
  728-316

  	
   

  	
   

  
	
  725-317

  	
   

  	
   

  
	
  725-318

  	
   

  	
   

  
	
  711-322

  	
   

  	
   

  
	
  711-326

  	
   

  	
   

  
	
  725-328

  	
   

  	
   

  
	
  725-330

  	
   

  	
   

  
	
  725-331

  	
   

  	
   

  
	
  725-332

  	
   

  	
   

  
	
  725-333

  	
   

  	
   

  
	
  725-334

  	
   

  	
   

  
	
  725-335

  	
   

  	
   

  
	
  725-337

  	
   

  	
   

  
	
  725-338

  	
   

  	
   

  
	
  725-341

  	
   

  	
   

  
	
  725-342

  	
   

  	
   

  
	
  725-343

  	
   

  	
   

  
	
  711-344

  	
   

  	
   

  
	
  725-345

  	
   

  	
   

  
	
  711-346

  	
   

  	
   

  
	
  725-347

  	
   

  	
   

  
	
  711-348

  	
   

  	
   

  
	
  725-349

  	
   

  	
   

  
	
  728-50351

  	
   

  	
   

  
	
  728-352

  	
   

  	
   

  
	
  725-353

  	
   

  	
   

  
	
  725-354

  	
   

  	
   

  
	
  725-355

  	
   

  	
   

  
	
  725-356

  	
   

  	
   

  
	
  725-357

  	
   

  	
   

  
	
  725-358

  	
   

  	
   

  
	
  710-359

  	
   

  	
   

  
	
  725-359

  	
   

  	
   

  
	
  711-360

  	
   

  	
   

  
	
  725-361

  	
   

  	
   

  
	
  725-362

  	
   

  	
   

  
	
  725-366

  	
   

  	
   

  
	
  725-367

  	
   

  	
   

  
	
  725-368

  	
   

  	
   

  
	
  725-369

  	
   

  	
   

  
	
  725-370

  	
   

  	
   

  
	
  725-371

  	
   

  	
   

  
	
  725-373

  	
   

  	
   

  
	
  725-374

  	
   

  	
   

  
	
  725-378

  	
   

  	
   

  
	
  710-380

  	
   

  	
   

  



 


32

















 


EXHIBIT
B


 


	
  711-381

  	
   

  	
   

  
	
  728-50383

  	
   

  	
   

  
	
  725-384

  	
   

  	
   

  
	
  725-385

  	
   

  	
   

  
	
  714-387

  	
   

  	
   

  
	
  725-388

  	
   

  	
   

  
	
  725-390

  	
   

  	
   

  
	
  725-391

  	
   

  	
   

  
	
  728-392

  	
   

  	
   

  
	
  725-393

  	
   

  	
   

  
	
  725-394

  	
   

  	
   

  
	
  725-395

  	
   

  	
   

  
	
  725-396

  	
   

  	
   

  
	
  725-397

  	
   

  	
   

  
	
  725-399

  	
   

  	
   

  
	
  710-401

  	
   

  	
   

  
	
  728-402

  	
   

  	
   

  
	
  725-407

  	
   

  	
   

  
	
  725-408

  	
   

  	
   

  
	
  725-409

  	
   

  	
   

  
	
  725-411

  	
   

  	
   

  
	
  725-413

  	
   

  	
   

  
	
  716-414

  	
   

  	
   

  
	
  725-414

  	
   

  	
   

  
	
  728-416

  	
   

  	
   

  
	
  725-417

  	
   

  	
   

  
	
  711-418

  	
   

  	
   

  
	
  728-419

  	
   

  	
   

  
	
  725-422

  	
   

  	
   

  
	
  725-424

  	
   

  	
   

  
	
  714-428

  	
   

  	
   

  
	
  711-430

  	
   

  	
   

  
	
  728-431

  	
   

  	
   

  
	
  728-432

  	
   

  	
   

  
	
  725-433

  	
   

  	
   

  
	
  725-434

  	
   

  	
   

  
	
  725-435

  	
   

  	
   

  
	
  728-436

  	
   

  	
   

  
	
  728-437

  	
   

  	
   

  
	
  714-442

  	
   

  	
   

  
	
  725-444

  	
   

  	
   

  
	
  725-445

  	
   

  	
   

  
	
  725-446

  	
   

  	
   

  
	
  728-452

  	
   

  	
   

  
	
  728-50454

  	
   

  	
   

  
	
  725-461

  	
   

  	
   

  
	
  725-462

  	
   

  	
   

  
	
  725-464

  	
   

  	
   

  
	
  725-465

  	
   

  	
   

  
	
  710-466

  	
   

  	
   

  



 


33

















 


EXHIBIT
B


 


	
  725-467

  	
   

  	
   

  
	
  725-468

  	
   

  	
   

  
	
  725-471

  	
   

  	
   

  
	
  711-474

  	
   

  	
   

  
	
  711-475

  	
   

  	
   

  
	
  725-476

  	
   

  	
   

  
	
  725-477

  	
   

  	
   

  
	
  711-478

  	
   

  	
   

  
	
  725-480

  	
   

  	
   

  
	
  711-481

  	
   

  	
   

  
	
  725-484

  	
   

  	
   

  
	
  711-486

  	
   

  	
   

  
	
  725-487

  	
   

  	
   

  
	
  728-488

  	
   

  	
   

  
	
  725-491

  	
   

  	
   

  
	
  710-492

  	
   

  	
   

  
	
  725-492

  	
   

  	
   

  
	
  725-493

  	
   

  	
   

  
	
  715-494

  	
   

  	
   

  
	
  725-495

  	
   

  	
   

  
	
  725-496

  	
   

  	
   

  
	
  725-499

  	
   

  	
   

  
	
  711-501

  	
   

  	
   

  
	
  715-502

  	
   

  	
   

  
	
  725-502

  	
   

  	
   

  
	
  711-503

  	
   

  	
   

  
	
  725-507

  	
   

  	
   

  
	
  728-001

  	
   

  	
   

  
	
  728-002

  	
   

  	
   

  
	
  728-003

  	
   

  	
   

  
	
  728-004

  	
   

  	
   

  
	
  728-005

  	
   

  	
   

  
	
  728-006

  	
   

  	
   

  
	
  728-007

  	
   

  	
   

  
	
  728-008

  	
   

  	
   

  
	
  728-009

  	
   

  	
   

  
	
  728-011

  	
   

  	
   

  
	
  728-012

  	
   

  	
   

  
	
  728-013

  	
   

  	
   

  
	
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  728-51017

  	
   

  	
   

  
	
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  728-107

  	
   

  	
   

  
	
  728-108

  	
   

  	
   

  



 


34

















 


EXHIBIT
B


 


	
  728-109

  	
   

  	
   

  
	
  728-110

  	
   

  	
   

  
	
  728-112

  	
   

  	
   

  
	
  728-113

  	
   

  	
   

  
	
  728-114

  	
   

  	
   

  
	
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  728-140

  	
   

  	
   

  
	
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  828-3804

  	
   

  	
   

  



 


35

















 


EXHIBIT
B


 


	
  828-2839

  	
   

  	
   

  
	
  828-3181

  	
   

  	
   

  
	
  728-3182

  	
   

  	
   

  
	
  728-3320

  	
   

  	
   

  
	
  828-3625

  	
   

  	
   

  
	
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  728-4276

  	
   

  	
   

  
	
  725-132851

  	
   

  	
   

  
	
  711-132857

  	
   

  	
   

  
	
  725-132897

  	
   

  	
   

  
	
  725-133550

  	
   

  	
   

  
	
  725-133551

  	
   

  	
   

  
	
  715-133736

  	
   

  	
   

  
	
  710-133742

  	
   

  	
   

  
	
  711-133789

  	
   

  	
   

  
	
  711-133793

  	
   

  	
   

  
	
  711-133796

  	
   

  	
   

  
	
  725-133814

  	
   

  	
   

  



 


POINTS
OF DELIVERY


 


	
  Meter No.

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  75-9315

  	
   

  	
  East Tennessee (Nora)
  Dickenson Co

  
	
  75-9326

  	
   

  	
  EAST TENN (NORA) /
  Dickenson # 3

  
	
  55M3A

  	
   

  	
  Shelby Gap (Nora to KY)

  



 


36

















 


EXHIBIT
C




RATES


 


EFFECTIVE
DATE:            


 


Attached
to and made a part of the Gas Gathering Agreement, dated as of
the       day of
                 ,
20   , between Nora Gathering, LLC and Equitable Energy, LLC.


 


GATHERING RATE


 


Rate
= $            per
Dth received


 


Beginning on the
Commencement Date, the gathering rate assessed on each Dth of Gas received at
the Point(s) of Receipt will be updated every calendar quarter to reflect
the actual cost of providing gathering service on the Gathering System for the
preceding twelve-Month period, calculated based upon the factors set forth
below. New rates will be placed into effect on the first Day of the second
Month following the end of the calendar quarter (e.g., 1st quarter rates will
go into effect May 1, based on the cost of service for the twelve Months
ending March 31). The Gathering Rate will be calculated based on the
following factors:


 


Pre-Tax Return of [   ]%


Gross plant adjusted for
accumulated depreciation


Operating and maintenance
expense (excluding electric compression costs)


General and Administrative
Expense


Depreciation


Taxes other than income


 


GAS RETENTION PERCENTAGE


 


The Gas Retention Percentage
shall be the actual Natural Gas compressor fuel use, shrink and lost and
unaccounted for Gas incurred by Gatherer to gather and deliver Shipper’s gas to
the Point(s) of Delivery for the Month divided by total volumes (in Dth)
received by Gatherer from Shipper at the Point(s) of Receipt during the
Month.


 


ELECTRIC
COMPRESSION RATE ($ per Dth received)


 


Rate
= $             Dth
received


 


Beginning with the
Commencement Date the electric compression rate assessed per Dth of Natural Gas
received into the Gathering System (the “Electric Compression Rate”) will be
updated every calendar year to adjust the rate for historic over or under
recovery of electric compression costs and prospective changes in electric
compression costs. New rates will be placed into effect on February 1 of
each year, based on the electric compression costs incurred and rate recoveries
for the previous year ending December 31.


 


1

















 


Shipper acknowledges and
agrees that this Exhibit C shall be subject to termination by Gatherer and
renegotiation between Gatherer and Shipper if at any time the Gathering System
shall become subject to any regulation (including without limitation any
requirement to open access to the Gathering System) by any Government Authority
that would impose new and/or additional governmental oversight of the gathering
rates. The Gatherer and Shipper acknowledge that the discounted Gathering Rate
set forth herein was negotiated in consideration of the fact that the Gas will
be gathered hereunder being Gas produced by one or more members of the
Gatherer.


 


THE
REMAINDER OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK


 


2

















 


EXHIBIT
D 




GATHERING SYSTEM 




EFFECTIVE
DATE:           


 


Attached
to and made a part of the Gas Gathering Agreement, dated as of the        day
of
                ,
20   , between Nora Gathering, LLC and Equitable Energy, LLC.


 


[INSERT DESCRIPTION OF GATHERING
SYSTEM]


 


1

















 


EXHIBIT
E




APPROVED ANNUAL BUDGET FOR FISCAL YEAR 2007


 


($MM)


 


2007 CAPEX PROJECTIONS


 


	
   

  	
   

  	
  Q1

  	
   

  	
  Q2

  	
   

  	
  Q3

  	
   

  	
  Q4

  	
   

  	
  TOTAL

  	
   

  
	
  Gathering

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Carryover as of 4-5-07

  	
   

  	
  —

  	
   

  	
  9.90

  	
   

  	
  3.71

  	
   

  	
  —

  	
   

  	
  13.61

  	
   

  
	
  2007 Capital Budget

  	
   

  	
  6.28

  	
   

  	
  11.27

  	
   

  	
  17.42

  	
   

  	
  25.62

  	
   

  	
  60.60

  	
   

  
	
  2007 CAPEX Projection

  	
   

  	
  6.28

  	
   

  	
  21.17

  	
   

  	
  21.13

  	
   

  	
  25.62

  	
   

  	
  74.21

  	
   

  



 


2007 CAPITAL BUDGET COMMITMENT PROJECTIONS


 


	
   

  	
   

  	
  Q1

  	
   

  	
  Q2

  	
   

  	
  Q3

  	
   

  	
  Q4

  	
   

  	
  TOTAL

  	
   

  
	
  Gathering

  	
   

  	
  32.05

  	
   

  	
  43.21

  	
   

  	
  25.74

  	
   

  	
  0.00

  	
   

  	
  (101.00

  	
  )

  
	
  2007 Capital Budget Capex Projection

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  60.60

  	
   

  
	
  Carryover into 2008

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  40.40

  	
   

  



 


1

















 


EXHIBIT
F




NORA-T
LINE




[See attached.]


 


F-1
















 


MAP


 


EXHIBIT F – Nora T-Line


Dickenson and Wise Counties, Virginia


 

















 


EXHIBIT
G 




FORM OF
NON-MEMBER INTERCONNECT AGREEMENT


 


[See
attached.]


 


G-1

















 


INTERCONNECT
AGREEMENT




BETWEEN 




NORA GATHERING, LLC 




AS GATHERER,


 


AND


 






 


AS
CUSTOMER,


 


Dated as of               ,
20  


 

















 


Interconnect
Agreement Number E-                    


Meter
Name                     


 


TABLE
OF CONTENTS


 


	
  ARTICLE 1 DEFINITIONS

  	
  1

  
	
  Section 1.1

  	
  Definitions

  	
  1

  
	
   

  	
   

  	
   

  
	
  ARTICLE
  2 PURPOSE AND PROCEDURES FOR DESIGN, APPROVAL, INSTALLATION AND ACTIVATION OF
  FACILITIES

  	
  2

  
	
  Section 2.1

  	
  Agreement

  	
  2

  
	
  Section 2.2

  	
  Base Agreement

  	
  2

  
	
  Section 2.3

  	
  Application

  	
  2

  
	
  Section 2.4

  	
  Design Specifications

  	
  2

  
	
  Section 2.5

  	
  Installation

  	
  2

  
	
  Section 2.6

  	
  Activation of Facilities

  	
  3

  
	
   

  	
   

  	
   

  
	
  ARTICLE 3 INTERCONNECT
  FACILITIES  

  	
  3

  
	
  Section 3.1

  	
  Interconnect Facilities

  	
  3

  
	
  Section 3.2

  	
  Debris and Obstructions

  	
  3

  
	
   

  	
   

  	
   

  
	
  ARTICLE 4 COMPANY’S
  FACILITIES

  	
  3

  
	
  Section 4.1

  	
  Gatherer’s Facilities

  	
  3

  
	
   

  	
   

  	
   

  
	
  ARTICLE 5 INTERCONNECTION
  OPERATIONS 

  	
  3

  
	
  Section 5.1

  	
  Commencement of Operation

  	
  3

  
	
  Section 5.2

  	
  Gathering Obligations

  	
  4

  
	
  Section 5.3

  	
  Environmental
  Responsibility

  	
  4

  
	
  Section 5.4

  	
  Facility Improvements

  	
  4

  
	
  Section 5.5

  	
  Shut In

  	
  4

  
	
  Section 5.6

  	
  Notice of Maintenance or
  Repairs

  	
  4

  
	
  Section 5.7

  	
  Facilities Abandonment

  	
  4

  
	
   

  	
   

  	
   

  
	
  ARTICLE 6 TERM

  	
  5

  
	
  Section 6.1

  	
  Term

  	
  5

  
	
  Section 6.2

  	
  Low Volume

  	
  5

  
	
  Section 6.3

  	
  Disconnection

  	
  5

  
	
   

  	
   

  	
   

  
	
  ARTICLE 7 BILLING AND
  PAYMENT

  	
  5

  
	
  Section 7.1

  	
  Quantities Deemed
  Conclusive

  	
  5

  
	
  Section 7.2

  	
  Withholding Payments

  	
  5

  
	
   

  	
   

  	
   

  
	
  ARTICLE 8 OPERATIONAL
  COSTS TO BE BORNE BY CUSTOMER

  	
  5

  
	
  Section 8.1

  	
  Gas Quality and Monitoring
  Costs

  	
  5

  
	
  Section 8.2

  	
  Customer Facilities Costs

  	
  6

  
	
   

  	
   

  	
   

  
	
  ARTICLE 9 FAILURE TO
  PERFORM

  	
  6

  
	
  Section 9.1

  	
  Suspension

  	
  6

  
	
  Section 9.2

  	
  Damages

  	
  6

  
	
  Section 9.3

  	
  Indemnity

  	
  6

  



 


i

















 


Interconnect
Agreement Number E-                    


Meter
Name                     


 


	
  ARTICLE 10 PRESSURE, GAS QUALITY AND
  HEATING VALUE

  	
  7

  
	
  Section 10.1

  	
  Regulation

  	
  7

  
	
  Section 10.2

  	
  Compression

  	
  7

  
	
  Section 10.3

  	
  Pressure in
  Gatherer’s System

  	
  7

  
	
  Section 10.4

  	
  Gas Quality

  	
  7

  
	
  Section 10.5

  	
  Temperature

  	
  8

  
	
  Section 10.6

  	
  Monitoring

  	
  8

  
	
  Section 10.7

  	
  Gas Taken
  and Co-mingled

  	
  8

  
	
   

  	
   

  	
   

  
	
  ARTICLE 11 MEASUREMENT FACILITIES

  	
  8

  
	
  Section 11.1

  	
  Measurement
  Facilities

  	
  8

  
	
  Section 11.2

  	
  Pipeline
  Safety

  	
  8

  
	
  Section 11.3

  	
  Measurement
  Site Access

  	
  8

  
	
  Section 11.4

  	
  Check
  Measurement

  	
  9

  
	
  Section 11.5

  	
  Orifice
  Meters

  	
  9

  
	
  Section 11.6

  	
  Positive
  Displacement Meters

  	
  9

  
	
  Section 11.7

  	
  Turbine
  Meters

  	
  9

  
	
  Section 11.8

  	
  Electronics

  	
  9

  
	
  Section 11.9

  	
  Notice

  	
  9

  
	
  Section 11.10 

  	
  Testing and
  Calibration

  	
  10

  
	
  Section 11.11

  	
  Special Test

  	
  10

  
	
  Section 11.12 

  	
  Measuring
  Adjustment

  	
  10

  
	
  Section 11.13 

  	
  Measurement
  Corrections

  	
  11

  
	
  Section 11.14 

  	
  Termination

  	
  11

  
	
  Section 11.15 

  	
  Data and
  Records Retention

  	
  11

  
	
  Section 11.16 

  	
  Volume and
  Quality Determination

  	
  11

  
	
  Section 11.17 

  	
  Right of
  Inspections

  	
  12

  
	
  Section 11.18 

  	
  Low Volumes
  for Receipt Points

  	
  13

  
	
   

  	
   

  	
   

  
	
  ARTICLE 12 REGULATORY APPROVALS

  	
  13

  
	
  Section 12.1

  	
  Initial
  Regulatory Filing Requirements

  	
  13

  
	
  Section 12.2

  	
  Change in
  Regulation Results in Material Adverse Effect

  	
  13

  
	
   

  	
   

  	
   

  
	
  ARTICLE 13 ASSIGNMENT

  	
  13

  
	
  Section 13.1

  	
  Assignment
  of this Agreement

  	
  13

  
	
   

  	
   

  	
   

  
	
  ARTICLE 14 NOTICE

  	
  14

  
	
  Section 14.1

  	
  Notices

  	
  14

  
	
  Section 14.2

  	
  Receipt of
  Communications

  	
  14

  
	
   

  	
   

  	
   

  
	
  ARTICLE 15 MISCELLANEOUS

  	
  14

  
	
  Section 15.1

  	
  Choice of
  Law

  	
  14

  
	
  Section 15.2

  	
  Construction
  of this Agreement

  	
  15

  
	
  Section 15.3

  	
  Execution

  	
  15

  
	
  Section 15.4

  	
  Captions

  	
  15

  
	
  Section 15.5

  	
  Amendments

  	
  15

  
	
  Section 15.6

  	
  Severability

  	
  15

  



 


ii

















 


Interconnect
Agreement Number E-                    


Meter
Name                     


 


	
  Section 15.7

  	
  Confidentiality

  	
  15

  
	
  Section 15.8

  	
  Audits

  	
  16

  
	
  Section 15.9

  	
  Waiver

  	
  17

  
	
  Section 15.10

  	
  Entire Agreement

  	
  17

  



 


iii

















 


Interconnect
Agreement Number E-                    


Meter
Name                     


 


NORA
GATHERING, LLC 

INTERCONNECT AGREEMENT


 


THIS
INTERCONNECT AGREEMENT (“Agreement”) is entered into this             of
         , 20  , by and
between NORA GATHERING, LLC, a Delaware company
with an office located at 225 North Shore Drive, Pittsburgh, Pennsylvania
15212-5861 (hereinafter referred to as “Gatherer”), and       ,
a       corporation with an office at       (hereinafter
referred to as “Customer”). As used in this Agreement, Gatherer and Customer
are also referred to individually as a “Party” and collectively as the
“Parties.”


 


WHEREAS, Gatherer owns and
operates certain natural gas gathering lines located in the State of Virginia;


 


WHEREAS, Customer has
available certain supplies of natural gas which it desires to deliver or have
delivered into Gatherer’s system.


 


NOW THEREFORE, in
consideration of the premises and covenants contained herein, Gatherer and
Customer hereby agree as follows.


 


ARTICLE
1 

DEFINITIONS


 


Section 1.1   Definitions. For the purposes of this Agreement, the
following terms, when capitalized herein, shall have the meanings set forth
below:


 


(a)        “Applicable Law” means
all laws, statutes, rules, regulations, ordinances, orders, requirements and
codes of Governmental Authorities.


 


(b)        “Authorizations” means any and all approvals, permits,
licenses, franchises, or other authorizations required by any federal, state or
local governmental authority which are necessary for the performance of a
Party’s obligations hereunder.


 


(c)        “Btu” means a
British Thermal Unit.


 


(d)        “Construction and Installation Fee” means a fee charged to Customer to
compensate Gatherer for the actual time, labor, tools, materials, equipment and
overhead expenses for the development, design, construction and completion
activities for the facilities contemplated by this Agreement.


 


(e)        “Dekatherm” shall mean one million (1,000,000) Btu’s or
one MMBtu.


 


(f)         “Gas” means a
mixture of hydrocarbon and nonhydrocarbon gases.


 


(g)        “Governmental
Authority” means any government and/or any political subdivision thereof,
including departments, courts, commissions, boards, bureaus, ministries,
agencies or other instrumentalities.


 


1

















 


Interconnect
Agreement Number E-                    


Meter
Name                     


 


(h)        “Interconnect” means the point of interconnection between
the pipeline facilities used by Customer and the Gatherer’s system as set forth
in the Appendices attached hereto, as amended from time-to-time.


 


(i)         “Interconnect
Facilities” is
defined in Section 3.1 of
this Agreement.


 


(j)         “MMBtu” shall mean one million (1,000,000) Btu’s or
one Dekatherm.


 


ARTICLE
2 

PURPOSE AND PROCEDURES FOR DESIGN, APPROVAL, INSTALLATION AND 

ACTIVATION OF FACILITIES


 


Section 2.1   Agreement. This Agreement establishes the general terms
and conditions under which Customer and Gatherer will provide for the proper
design, installation, operation, maintenance and cost responsibility of an
Interconnect for the receipt of Gas into Gatherer’s system. Neither Customer
nor Gatherer shall take action hereunder, including flowing Gas through the
Interconnect, until such time as this Agreement and the required Appendices are
fully executed.


 


Section 2.2   Base Agreement. Customer and Gatherer may utilize this
Agreement as a vehicle for establishing multiple Interconnects between the
Gatherer’s system and Customer’s facilities. The specifications for each
individual Interconnect will be established in a separate appendix (hereinafter
“Appendix” or “Appendices”).


 


Section 2.3   Application. Customer shall provide complete and accurate
information to Gatherer in connection with any request for a proposed
Interconnect, which information shall include, at a minimum, (i) the
location of the proposed Interconnect, (ii) the proposed maximum allowable
operating pressure at the Interconnect, (iii) the desired date for
completion of the Interconnect, (iv) Customer’s estimated maximum, minimum
and average volumes of Gas to be delivered through the Interconnect on a daily
basis and (v) Customer’s estimated maximum, minimum and average
delivery/receipt pressures through the Interconnect.


 


Section 2.4   Design Specifications. Customer shall submit to Gatherer for
Gatherer’s prior approval complete design specifications for the proposed
Interconnect prior to site work or construction of any facilities. Customer
agrees to make those changes to such design and construction plans as Gatherer,
in its reasonable discretion, believes are necessary for the safe and reliable
delivery of Gas into Gatherer’s system. Gatherer shall signify its approval by
returning one set of drawings noted as “APPROVED”. If the proposed Interconnect
request is initially denied but could be approved with modifications to the
design of the Interconnect Facilities, Gatherer shall provide recommendations
to Customer.


 


Section 2.5   Installation. Notwithstanding Gatherer’s approval of the
drawings and design, the scheduling of construction and installation must be
coordinated with Gatherer. No site work and no construction or installation work
shall commence until Customer has satisfied all of its prerequisite obligations
under this Agreement and Gatherer has notified Customer, in writing, that
construction and installation activities may commence.


 


2

















 


Interconnect
Agreement Number E-                    


Meter
Name                     


 


Section 2.6   Activation
of Facilities. Activation
of the Interconnect shall be contingent upon readiness of Gatherer’s gas
control department as well as completion of all construction and installation
activities as specified and agreed upon by and between Gatherer and Customer.


 


ARTICLE
3 

INTERCONNECT FACILITIES


 


Section 3.1   Interconnect
Facilities. The
Interconnect facilities shall be comprised of equipment which includes (i) gas
measurement equipment, (ii) overpressure protection, (iii) certain
interconnect piping facilities including a check valve and an insulated/welded
tie-in connection and (viii) such other facilities as may be required by
Gatherer (collectively “Interconnect Facilities”) at the interconnection
between Customer’s facilities and Gatherer’s system. The Interconnect
Facilities shall be designed, installed, operated, maintained and owned by
Gatherer, Customer or Customer’s designee, as agreed and as set forth in Appendix
A. The minimum engineering and technical specifications for the
Interconnect Facilities are further detailed in Appendix B. All costs
associated with the Interconnect Facilities shall be Customer’s responsibility,
unless waived in writing by Gatherer, and any such costs borne or paid by
Gatherer shall be reimbursed by Customer through the Construction and
Installation Fee.


 


Section 3.2   Debris
and Obstructions.
Customer’s facilities shall be cleared of all debris, obstructions and
contaminants before they are connected to Gatherer’s system.


 


ARTICLE
4 

COMPANY’S FACILITIES


 


Section 4.1   Gatherer’s
Facilities.
Gatherer shall own, and Gatherer or its designee shall design, install, operate
and maintain, a tap and side valve connecting Gatherer’s system to the
Interconnect Facilities, as more specifically described in Appendix A.
The Interconnect Facilities shall extend to within three feet (3’) of
Gatherer’s line unless otherwise approved by Gatherer.


 


ARTICLE
5 

INTERCONNECTION OPERATIONS


 


Section 5.1   Commencement
of Operation.
Customer shall notify Gatherer, in writing, when the Interconnect and
Interconnect Facilities are complete, tested and ready for activation. Unless
otherwise instructed by Gatherer, receipts and/or deliveries of Gas at the
Interconnect may commence as soon as all Authorizations have been granted, the
necessary facilities have been completed, the requisite documents have been
submitted, a gathering agreement is in place and Customer has satisfied the terms
and conditions of this Agreement. Gatherer shall be responsible for the
coordination, installation, testing, and physical fmal tie-in to Gatherer’s
system. Gatherer shall develop, coordinate, and oversee all operations
associated with purging the meter set and piping into service. All such tie-in
activities shall be Customer’s financial responsibility, unless waived by
Gatherer, and any such costs borne or paid by Gatherer shall be reimbursed by
Customer through the Construction and Installation Fee.


 


3

















 


Interconnect
Agreement Number E-                    


Meter
Name                     


 


Section 5.2   Gathering
Obligations. Gatherer
will receive Gas from Customer, or deliver Gas to Customer, as the case may be,
at the Interconnect, provided that all parties utilizing the Interconnect,
including Customer, if applicable, have entered into valid gathering agreements
with Gatherer.


 


Section 5.3   Environmental
Responsibility. Each
Party represents that no hazardous substance as that term is defined in the
Federal Comprehensive Environmental Response Compensation Liability Act
(CERCLA), petroleum or petroleum products, “asbestos material” as that term is
defined in 40 CFR 61.41 (1987), polychlorinated biphenyls (PCBs), or “solid
waste” as that term is defined in the Federal Resource Conservation Recovery
Act (RCRA), will be leaked, spilled, deposited or otherwise released by either
Party on the other Party’s property. In the event that any of said above
referenced materials are discovered on said property, the discovering Party
shall immediately notify the other Party of the discovery and existence of said
materials. In the event of either Party’s breach of the warranty contained in
this section, as between the Parties hereto the full responsibility for the
proper handling, remediation, treatment, storage or disposal of any such
hazardous substance, petroleum or petroleum product, asbestos material, PCBs or
solid waste discovered on said property, including the handling of such
materials in compliance with all environmental laws including federal, state
and local laws, rules and regulations, shall remain with such Party who is
responsible for the leak, spill, deposit or release, and such Party shall
indemnify the other Party for any loss, cost, injury, damage to persons or
property, or fines, penalties or compliance order issued by any governmental
agency relating to pollution or protection of the environment, including
without limitation, laws and regulations relating to emissions, discharges,
releases or threatened releases of chemicals, pollutants, contaminants, waste
petroleum, toxic substances and hazardous substances occurring on said
property. This section shall survive the termination of this Agreement.


 


Section 5.4   Facility
Improvements. Gatherer
retains the unilateral right to change the operation of its facilities and/or
upgrade its system. Such operational changes may require the adjustment and/or
addition of equipment and facilities by Customer in order to maintain delivery
of Gas volumes. As between the Parties, the cost of any such adjustment and/or
addition of equipment and facilities requirements will be borne entirely by
Customer.


 


Section 5.5   Shut In. Gatherer retains the unilateral right to
immediately shut in or cause Customer to shut in any Interconnect the continued
operation of which, in Gatherer’s sole judgment, threatens the integrity and
safe operation of Gatherer’s system.


 


Section 5.6   Notice of
Maintenance or Repairs.
Customer shall advise Gatherer in writing at least fifteen calendar (15) days
before taking the Interconnect Facilities out of service for maintenance or
repairs lasting more than seven calendar (7) days. After Customer has
completed all maintenance and repairs, Customer shall immediately reconnect the
Interconnect Facilities to Gatherer’s system and resume service, subject to ten
(10) days’ advance notification to Gatherer.


 


Section 5.7   Facilities
Abandonment. In the
event Gatherer should ever abandon, retire or cease to operate, in whole or in
part, facilities used to gather Gas, Gatherer may, in its sole discretion, and
without further obligation, terminate this Agreement upon not less than sixty
(60) days’ prior written notice to Customer.


 


4
















 


Interconnect Agreement
Number E- _____________


Meter Name _____________


 


ARTICLE
6 


TERM


 


Section 6.1   Term. This Agreement shall become effective upon
its execution by both Gatherer and Customer and continue in full force and
effect for a period of one (1) year (“Primary Term”). Unless terminated by
written notice given by either Party at least thirty (30) days prior to the end
of the Primary Term or any subsequent renewal term, this Agreement shall
continue after the Primary Term on a month-to-month basis. The obligations of
Customer to indemnify Gatherer pursuant hereto shall survive the termination or
cancellation of this Agreement and the Appendices.


 


Section 6.2   Low Volume. Gatherer shall have the right to terminate
this Agreement upon sixty (60) days advance written notice to Customer if Gas
attributable to Customer’s account has not flowed for the previous period of
twelve (12) consecutive months, or if Gatherer or its designee has caused the
Interconnect Facilities to be disconnected or removed.


 


Section 6.3   Disconnection. In the event either Party desires to
disconnect its facilities from the other, the initiating Party shall tender not
less than sixty (60) days advance written notice to the other Party of such
intent, and upon such disconnection of facilities, this Agreement shall
terminate with respect to such Interconnect. The Parties agree that such
disconnection shall not occur during the Primary Term, unless mutually agreed
by both Parties or mandated by governmental action. Each Party shall be
responsible for all costs of abandonment and/or removal of their respective
facilities. Any disconnection shall be in accordance with the requirements of
any regulatory agency having jurisdiction.


 


ARTICLE
7


BILLING
AND PAYMENT


 


Section 7.1   Quantities Deemed Conclusive. Gatherer’s statement of the total quantity of
Gas received by Customer during any month shall be deemed conclusive unless
Customer forwards an objection to Gatherer in writing within sixty (60) days
after the receipt of Gatherer’s statement.


 


Section 7.2   Withholding Payments. In the event of any adverse claim to or
against the proceeds of this Agreement or any Gas transported under this
Agreement, or any part thereof, or against the proceeds of any other contract
that Gatherer has with Customer, is made by any person, Gatherer may refuse to
receive or deliver Gas under this Agreement; as the case may be, until the
dispute is settled by agreement between Customer and such adverse claimant or
by a final decree of a court of competent jurisdiction.


 


ARTICLE
8


OPERATIONAL
COSTS TO BE BORNE BY CUSTOMER


 


Section 8.1   Gas Quality and Monitoring Costs. As between the Parties, Customer shall be
solely responsible for all costs and charges associated with monitoring,
ensuring and maintaining the quality of Gas delivered into Gatherer’s system
and all costs associated with


 


5

















 


Interconnect Agreement
Number E- _____________


Meter Name _____________


 


quality remediation.
Gatherer shall have access to facilities and all devices and shall have the
right, but not the obligation, to operate such facilities and devices.


 


Section 8.2   Customer Facilities Costs. As between the Parties, Customer shall be
solely responsible for all costs and charges associated with monitoring,
ensuring and maintaining the safe and reliable operation of pipeline,
measurement, compression, regulation, dehydration and any other appurtenant
facilities, which are upstream of the Interconnect Facilities. Gatherer
reserves the right to refuse receipts and/or deliveries of Gas through the
Interconnect if Gatherer, in its sole judgment, deems the operation of
Customer’s facilities to be unacceptable.


 


ARTICLE
9 

FAILURE TO PERFORM


 


Section 9.1   Suspension. If Customer fails to comply with any of the
covenants contained in this Agreement, Gatherer may refuse to allow Gas to flow
through the Interconnect until, in Gatherer’s sole opinion, Customer is fully
complying with all of the terms and conditions of this Agreement. Gatherer, in
its sole judgment, shall have the right to shut in the Interconnect immediately
if any equipment is not operating properly, an overpressure condition exists,
design limitations are exceeded, or safe operating conditions are compromised.
Furthermore, Gatherer has the right to keep the Interconnect shut in until
Customer makes the necessary provisions to rectify the situation. If the
abnormal conditions repeatedly arise, Gatherer has the right to shut in the
Interconnect indefinitely, and/or terminate this Agreement.


 


Customer shall reimburse
Gatherer for any damages caused by Customer failing to comply with any of the
covenants contained in this Agreement, including payments made by Gatherer to
other affected customers in settlement of claims arising out of such service.
To the extent any damages required to be paid hereunder are liquidated, the
Parties acknowledge that the damages are difficult or impossible to determine,
otherwise obtaining an adequate remedy is inconvenient, and the liquidated
damages constitute a reasonable approximation of the harm or loss.


 


If litigation results from
any dispute between Customer and Gatherer, Gatherer may pay any money withheld
under this Agreement to a court of competent jurisdiction without any further
liability, or may interplead all claimants, including Customer. Customer shall
reimburse Gatherer for all costs incurred associated with such litigation,
including, but not limited to, attorneys’ fees.


 


Section 9.2   Damages. IN NO EVENT WILL EITHER PARTY BE
RESPONSIBLE, EITHER UNDER THIS ARTICLE X OR UNDER ANY OTHER TERM OR PROVISION
OF THIS AGREEMENT, FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.


 


Section 9.3   Indemnity. Customer agrees to indemnify, hold harmless
and provide a defense for Gatherer, its officers, directors, affiliates,
agents, employees and contractors against any liability, loss, cost or damage
whatsoever (including, without limitation, claims for royalties, taxes, fees or
other charges) occurring in connection with or relating in any way to (i) breach
of this Agreement by Customer; (ii) the negligence or other tortious act(s) or
omission(s) by


 


6

















 


Interconnect Agreement
Number E- _____________


Meter Name _____________


 


Customer, its officers, directors,
affiliates, agents, employees or contractors; (iii) the Gas prior to its
delivery to Gatherer at the Interconnect; (iv) Customer’s title to the Gas
or Customer’s right to tender and ship the Gas through Gatherer’s system;
and/or (v) the Gas to the extent the claim, liability, or damage arises as
a result of the quality of the Gas delivered by Customer or other condition of
the Gas. Such indemnification shall include, but not be limited to, all costs
and attorneys’ fees, whether or not such liability, loss, cost or damage
results from any demand, claim, action, cause of action, or suit brought by
Customer or by any person, association or entity, public or private, that is
not a party to this Agreement.


 


ARTICLE
10 

PRESSURE, GAS QUALITY AND HEATING VALUE


 


Section 10.1   Regulation. Gatherer may require regulation and shall
require over-pressure protection at the Interconnect(s) under this Agreement.
Such regulation shall ensure pressures compatible with Gatherer’s operating
pressures in Gatherer’s system. Gatherer shall specify and/or approve the type
of regulators to be used and, among other specifications, shall specify
pressure ranges and operating settings. All costs associated with such
equipment, including installation costs, shall be Customer’s responsibility,
and any such costs borne or paid by Gatherer shall be reimbursed by Customer
through the Construction and Installation Fee.


 


Section 10.2   Compression. Customer shall not use any mechanical means
or accessory equipment to pump or compress Gas to aid its delivery into
Gatherer’s system without the
express prior written consent of Gatherer. Without limiting the
foregoing, Customers utilizing compression upstream of the Interconnect meter
set shall meet, at a minimum, the following safety criteria:


 


Compressor units must have
low-pressure shutdown controls on the suction of the compressors to preclude
drawing air into the system. If Customer desires to operate the suction system
with less than a two (2) psig minimum inlet pressure, an oxygen sensor
shall be installed on the inlet of the suction line so as to automatically shut
down the system when oxygen is detected at levels above two thousand (2,000)
parts per million (0.2%).


 


Section 10.3   Pressure in Gatherer’s System. Gatherer makes no representations or
warranties concerning the pressure which will be maintained in its gathering
system from time-to-time or with respect to any other factors which may affect
the quantity of Gas which Customer may be able to deliver to or receive from
Gatherer’s system. Gatherer reserves the right to upgrade, when necessary,
pipeline operating pressures with no obligation to Customer, other than
providing reasonable notification of such matters.


 


Section 10.4   Gas Quality. All Gas delivered through an Interconnect
into Gatherer’s system shall at all times meet or exceed the quality and heat
content requirements established by the operator of the downstream pipeline
system on which the Gas is ultimately transported. Before Gatherer permits any
flow of any amount of Gas into its system, Customer shall provide Gatherer with
a certified gas analysis from a Gatherer-approved agency denoting that the Gas
proposed to be delivered into Gatherer’s system meets and/or exceeds those
requirements.


 


7

















 


Interconnect Agreement
Number E- _____________


Meter Name _____________


 


Section 10.5   Temperature. Gas
delivered through an Interconnect into Gatherer’s system shall not exceed
100°F. Gas having a temperature greater than 100°F may be delivered into
Gatherer’s system only upon prior
written approval by
Gatherer.


 


Section 10.6   Monitoring. After
initial deliveries are received, Gatherer reserves the right to periodically
sample the Gas, or require Customer to acquire and install continuous, on-line
monitoring equipment, at the Interconnect Facilities in order to validate the
Gas quality. If the analysis indicates that Gatherer’s gas quality
specifications are not being met, Gatherer reserves the right to shut off the
deliveries and receipts indefinitely until Customer makes the necessary
provisions to fully comply with the gas quality requirements and/or take such
other action as may be available under this Agreement.


 


Section 10.7   Gas Taken and Co-mingled. Gatherer shall accept Gas taken and measured
at the Interconnect in accordance with this Agreement. Such Gas shall be taken
in its natural state, except as otherwise provided in this Agreement, subject
to any modification thereof required by this Agreement, at the pressure of the
Gas flowing from Customer’s facilities and discharging into Gatherer’s system,
against the varying pressures from time to time maintained therein.


 


ARTICLE 11


MEASUREMENT FACILITIES


 


Section 11.1   Measurement Facilities. Gas delivered into Gatherer’s system through
the Interconnect shall be measured at a site satisfactory to Gatherer using
measurement equipment designated by Gatherer. The Parties acknowledge that all
or some of the measurement and other appurtenant facilities required by this
Agreement may not be in existence as of the date of execution of this
Agreement. If the facilities required by this Agreement are not in existence as
of the date of execution of this Agreement, the Parties shall work in good
faith to install such facilities within ninety (90) days, or such other period
as may be agreed to by the Parties in writing. The measurement facilities shall
be designed, installed, operated, maintained and owned by (i) Gatherer, (ii) Customer
or (iii) Customer’s designee, as mutually agreed and as set forth in Appendix A. Regardless of
facilities ownership, however, Gatherer shall be the measuring party and shall
read all meters. At any time after the termination of this Agreement, Gatherer
shall have the right to remove its facilities. Customer shall be solely
responsible for and shall bear the full costs of delivering Gas to the
Interconnect.


 


Section 11.2   Pipeline Safety. Customer agrees to operate, maintain, test,
and repair the meter set as a prudent operator in accordance with any and all
applicable state regulatory regulations and requirements, and all other
applicable industry codes and standards, all at Customer’s expense.


 


Section 11.3   Measurement Site Access. Customer shall provide Gatherer with the
necessary rights-of-way, permits, and related surface rights, including the
rights of ingress, egress and regress, necessary for Gatherer to access the
Interconnect Facilities. Customer shall also provide, if required, a
right-of-way necessary for the tie-in of the Interconnect Facilities to
Gatherer’s facilities that is free of all costs and from all claims and
liabilities for damages arising out of installation or the construction of the
facility. Customer and Gatherer must agree


 


8

















 


Interconnect Agreement
Number E- _____________


Meter Name _____________


 


beforehand to the location
of the meter set and final tie-in location. The meter set shall be readily
accessible, located in an area that is not susceptible to vehicular or other
damage but as near as practical to the final tie-in point, and be enclosed
within a locked fence or building. All costs associated with Customer’s
obligations under this section shall be Customer’s responsibility, and any such
costs borne or paid by Gatherer shall be reimbursed by Customer through the
Construction and Installation Fee. To the extent that Gatherer is at any time
required to pay for such rights-of-way or incur such costs or claims or
liabilities, then such amounts and related expenses shall be reimbursed by
Customer.


 


Section 11.4   Check
Measurement. Customer
may install, maintain and operate, at its sole cost and expense, check
measuring equipment; provided, however, that such equipment shall be installed
in a manner that will not interfere with the operation of the measuring
equipment required by this Agreement.


 


Section 11.5   Orifice
Meters. Orifice
meters installed in such measuring stations shall be constructed and operated
in accordance with American National Standard Institute (“ANSI”) standards,
American Petroleum Institute (“API”) 2530, American Gas Association (“AGA”) AGA
Report No. 3, Orifice Metering of Natural Gas and Other Related
Hydrocarbon Fluids, Second Edition, dated September 1985, and any
subsequent modifications and amendments thereto, and shall include the use of
flange connections and, where necessary, straightening vanes, temperature
correcting devices and pulsation dampening equipment.


 


Section 11.6   Positive
Displacement Meters.
Positive Displacement Meters installed at the measurement site shall be
constructed and operated in accordance with provisions of AGA Measurement
Committee Report No. 6 (AGA Report No. 6) dated January 1971,
and any subsequent amendment or revisions thereof.


 


Section 11.7   Turbine
Meters. Turbine
Meters installed at the measurement site shall be constructed and operated in
accordance with the provisions of AGA Measurement Committee Report No. 7
(AGA Report No. 7), First Revision, dated November 1984, and any
subsequent modifications and amendments thereof.


 


Section 11.8   Electronics. When and where electronic equipment and flow
computers are installed at the measurement site, the Gas may have its volume,
mass and/or energy content determined and computed in accordance with the
applicable AGA Standards including, but not limited to, AGA Report Nos. 3, 5,
6, and 7 and any subsequent modifications and amendments thereto.


 


Section 11.9   Notice. Gatherer shall give reasonable notice to
Customer in order that Customer may have representatives present to observe any
installing, reading, cleaning, changing, repairing, inspecting, testing,
calibrating, or adjusting of the measuring equipment used in measuring or
checking the measurement of receipts or deliveries of Gas under this Agreement.
The official charts (recordings) from such measuring equipment shall be the
property of Gatherer, but upon request Gatherer will make the records and
charts, together with calculations therefrom, available to Customer for
inspection and verification.


 


9

















 


Interconnect Agreement
Number E- _____________


Meter Name _____________


 


Section 11.10   Testing
and Calibration:


 


(a)         Gatherer shall have
the right, at any time, to verify the accuracy of and to adjust and calibrate
all recording devices used in the measurement of Gas hereunder. Customer may
request a special test be performed as described in Paragraph 12.11 below.


 


(b)         If during any test of
the measuring equipment, an adjustment or calibration error is found which
results in an incremental adjustment to the calculated hourly flow rate through
each meter run in excess of two percent (2%) of the correct flow rate (whether
positive or negative and using the correct flow rate as the percent error
equation denominator), then any previous recording of such equipment shall be
corrected to zero error in computing deliveries for any period during which the
error existed (and which is either known definitely or agreed to by both
Parties) and the total flow for the period predetermined in accordance with the
provisions of Paragraph 2.10 below. If the period of error cannot be determined
or agreed upon between the Parties, such correction shall be made over a period
extending over the last one-half (1/2) of the time elapsed since the date of the
latest test, not exceeding a correction period of six (6) months.


 


(c)         If, during any test of
the measuring equipment, an adjustment or calibration error is found which
results in an incremental adjustment to the calculated hourly flow rate which
does not exceed two percent (2%) of the adjusted flow rate (as described in
part (b) of this Paragraph), all prior recording shall be considered to be
accurate for quantity determination purposes.


 


(d)         All equipment shall,
in any case, be adjusted at the time of the test to record correctly.


 


Section 11.11   Special
Test. In the
event Customer desires a special test (a test not scheduled by Gatherer under
the provisions of Paragraph 12.10 above) of any measuring equipment,
seventy-two (72) hours advance notice, in writing, shall be given to Gatherer
and both Parties shall cooperate to secure a prompt test of the accuracy of
such equipment. If the measuring equipment tested is found to fall under the
provisions of Paragraph 12.10(c) above or if an inspection of the primary
measurement equipment indicates no problems, Gatherer shall have the right to
bill Customer for the cost of such special test, including the cost of the cost
of any labor, gathering and other costs pertaining to such special test and
Customer shall pay such costs.


 


Section 11.12   Measuring
Adjustment. If,
for any reason, any measurement
equipment is (i) out of
adjustment, (ii) out of service, or (iii) out of repair and the total
calculated hourly flow rate through each meter run is found to be in error by
an amount of the magnitude described in Paragraph 12.10(b) above, the
total quantity of Gas delivered shall be determined by Gatherer in accordance
with the first of the following methods which is, in Gatherer’s sole opinion,
feasible:


 


(a)         by using the
registration of any mutually agreeable check metering facility, if installed
and accurately registering (subject to testing as described in Paragraph 12.10
above);


 


10

















 


Interconnect Agreement
Number E- _____________


Meter Name _____________


 


(b)         where parallel
multiple meter runs exist, by calculation using the registration of such
parallel meter runs; provided that they are measuring Gas from upstream and
downstream headers in common with the faulty metering equipment, are not
controlled by separate regulators, and are accurately registering;


 


(c)         by correcting the
error by re-reading of the official charts, or by straightforward application
of a correction factor to the quantities recorded for the period (if the net
percentage of error is ascertainable by calibration, tests or mathematical
calculation); or


 


(d)         by estimating the
quantity, based upon deliveries made during periods of similar conditions when
the meter was registering accurately.


 


The estimated readings or
deliveries so determined shall be used in determining the quantities of Gas
delivered for any known or agreed upon applicable period. In case the period is
not known or agreed upon, such estimated deliveries shall be used in determining
the quantities of Gas delivered hereunder during the latter half of the period
from the date of the immediately preceding test to the date the measuring
equipment has been adjusted to record accurately. The recordings of the
measuring equipment during the first half of said period shall be considered
accurate in computing deliveries.


 


Section 11.13   Measurement
Corrections. If
an error is discovered in the measured quantities, such error shall be adjusted
within thirty (30) days of the determination thereof; provided, however, that
any claim for adjustment shall be made within twenty-four (24) months of the
delivery month in which the claimed error occurred. Such time limits shall not
apply in the case of a deliberate act of omission or misrepresentation, or
mutual mistake of fact.


 


Section 11.14   Termination. If Gatherer determines that Customer has
tampered with the measurement equipment so as to misrepresent the actual volume
of Gas delivered through the Interconnect, Gatherer has the right to immediately
shut in the Interconnect for an indefinite period of time and may terminate
this and any other Agreement(s) with Customer.


 


Section 11.15   Data
and Records Retention. Gatherer and Customer shall retain and preserve for a period of at
least two (2) years all measurement data, charts, and other similar
records.


 


Section 11.16   Volume
and Quality Determination. The
measurement of the quantity
and quality of all Gas received and delivered hereunder shall be conducted in
accordance with the following:


 


(a)         Unit of Volume. The unit of volume for measurement shall be
one (1) cubic foot of gas. Such measured volumes, converted to Mcf, shall
be multiplied by their Gross Heating Value per cubic foot and divided by 1,000
to determine MMBtus received and delivered hereunder.


 


(b)         Orifice Meter
Volume Computations.
Computations of Gas Volumes from measurement data shall be made in accordance
with ANSI/API2530 (AGA Report


 


11

















 


Interconnect Agreement
Number E- _____________


Meter Name _____________


 


No. 3), Orifice Metering of Natural Gas and Other
Related Hydrocarbon Fluids,  Second Edition, dated September 1985, and
any subsequent amendments or revisions.


 


(c)         Positive
Displacement Meter Volume Computation. Computation of Gas Volumes from data shall be in accordance with the
AGA Measurement Committee Report No. 6 (AGA Report 6), dated January 1971,
and any subsequent amendments or revisions.


 


(d)         Turbine Meter
Volume Computations.
Computations of Gas Volumes from data shall be in accordance with AGA
Measurement Committee Report No. 7 (AGA Report 7), First Revisions, dated November 1984,
and any subsequent amendments or revisions.


 


(e)         Electronic Devices
and Flow Computers Volume Computations.  Computation of Gas Volumes from data or
devices shall be in accordance with AGA Measurement Committee Report Nos. 3, 5,
6, and 7, and any subsequent amendments or revisions.


 


(f)          Assumed
Atmospheric Pressure.
An assumed atmospheric pressure as defined in Exhibit B for
the respective Interconnect shall be utilized for measurement and calculation
purposes, irrespective of any variation of the actual atmospheric pressure from
the assumed atmospheric pressure.


 


(g)         Gross Heating Value. At least yearly, the Gross Heating Value of
the gas stream at each of the Interconnects hereunder shall be determined by
using a Cutler-Hammer or other standard type calorimeter or by calculating the
Gross Heating Value from an in-line chromatograph or a gas analysis of a spot
or continuous gas sample. The spot or continuous sample shall be taken at a
suitable point on the facilities to be representative of the Gas being
analyzed.


 


(h)         Other Tests. Other tests to determine water content,
sulfur, and other impurities in the Gas shall be conducted by Gatherer as necessary
and shall be conducted in accordance with standard industry testing procedures.


 


(i)          New Test Methods. If at any time during the term hereof a new
method or technique is developed with respect to gas measurement, such new
method or technique may be substituted for the method set forth in this Article when
such methods or techniques are in accordance with the currently accepted
standards of the American Gas Association, if mutually agreed upon by the
Parties.


 


Section 11.17   Right of Inspections. Gatherer or Customer shall have the right to
inspect equipment installed or furnished by the other or third party operators
and the charts and other measurement or testing data of all such parties at all
times during business hours; but the reading, calibration and adjustment of
such equipment and changing of charts shall be done by Gatherer, or its
designee, unless agreed to otherwise by the parties. Gatherer and Customer
shall preserve all original test data, charts and other similar records in such
party’s possession for a period of at least twenty-four (24) months.


 


12

















 


Interconnect Agreement
Number E- _____________


Meter Name _____________


 


Section 11.18  Low Volumes for Receipt Points.


 


(a)         In the event that
Customer does not deliver to Gatherer an average of three (3) Mcf of Gas per day at
each Interconnect into Gatherer’s system, during any ninety (90) consecutive
day period, then Gatherer may, at its sole discretion, terminate the agreement
as it relates to such Interconnect by giving Customer notice in writing thirty
(30) days prior to the effective date of termination.


 


(b)         In the event that the
amount of Gas passing through any Interconnect is less than the facility
minimum design requirements for accurate measurement, Gatherer has the right to
shut-in service from Customer until (i) Customer has provided adequate Gas
supply to meet such design requirements and has proven to Gatherer that such
volumes exist, and/or (ii) the metering and related facilities have been
redesigned and installed for effectively and efficiently measuring the revised
volumes within the accuracy allowed and required by Gatherer.


 


ARTICLE
12 

REGULATORY APPROVALS


 


Section 12.1   Initial Regulatory Filing
Requirements.
Both Gatherer and Customer
are responsible for identifying and obtaining any governmental and/or
regulatory approvals that may be required for construction and operation of the
facilities contemplated by this Agreement.


 


Section 12.2   Change in Regulation Results in Material
Adverse Effect.
If any governmental agency,
whether state, federal or local, takes any action or issues any determination
that directly or indirectly results in a material adverse change to any
provision of this Agreement, then the materially adversely affected Party
(hereinafter “Affected Party”) may either:


 


(a)         continue to fulfill
its obligations under this Agreement as altered by the change in regulation; or


 


(b)         shut in the affected
Interconnect indefinitely and/or terminate this Agreement.


 


ARTICLE
13 

ASSIGNMENT


 


Section 13.1   Assignment of this Agreement. This Agreement shall be binding upon and
inure to the benefit of the successors, permitted assigns, personal
representatives, and heirs of the respective Parties hereto, and the covenants,
conditions, rights and obligations of this Agreement shall run for the full
term of this Agreement. No assignment of this Agreement, in whole or in part,
will be made without the prior written consent of the non-assigning Party,
which consent will not be unreasonably withheld or delayed; provided, either
Party may transfer its interest to any parent or affiliate by assignment,
merger or otherwise without the prior approval of the other Party. Any
purported assignment made contrary to this Section 13.1 shall
be void and of no legal force or effect. Upon any transfer and assumption, the
transferor shall not be relieved of or discharged from any obligations
hereunder.


 


13

















 


Interconnect Agreement
Number E- _____________


Meter Name _____________


 


ARTICLE
14 

NOTICE


 


Section 14.1   Notices.  All
communications, invoices and payments (“Notices”) required hereunder may be
sent by facsimile, a nationally recognized overnight courier service, hand
delivered or via first class mail.


 


	
  Nora Gathering, LLC

  	
  Customer

  
	
  225 North Shore Drive

  	
   

  
	
  Pittsburgh, Pennsylvania
  15212

  	
   

  
	
   

  	
   

  
	
  Attention: [Gas Management
  Services]

  	
  Attention:

  
	
  Phone: [412-395-3228]

  	
  Phone:

  
	
  Facsimile: [412-395-3311]

  	
  Facsimile:

  



 


Section 14.2   Receipt
of Communications.
Any notice required or permitted under this Agreement shall be in writing.
Notice shall be deemed to have been received (i) when transmitted by
facsimile (“FAX”) transmission, upon the sending Party’s receipt of its
facsimile’s confirmation thereof, (ii) when sent by overnight mail or
courier, on the next business day after it was sent or such earlier time as is
confirmed by the receiving Party, (iii) when delivered by hand, at the
time it is delivered to an officer or to a responsible employee of the
receiving Party and (iv) when delivered via First Class Mail, two (2) business
days after mailing. Any FAX communication shall be promptly confirmed by mail.
Either Party may change its address, telephone number, or FAX number at any
time by promptly giving notice of such change to the other Party. Either Party
may prospectively modify any notice information specified above by written
notice to the other Party.


 


ARTICLE
15


MISCELLANEOUS


 


Section 15.1   Choice
of Law. This
Agreement and the legal relations between the parties shall be governed by and
construed in accordance with the laws of the State of Virginia without regard
to principles of conflicts of laws that would direct the application of the
laws of another jurisdiction. Each of the Parties agrees that it shall bring
any action or proceeding in respect of any claim arising out of or related to
this Agreement or the transactions contemplated hereby exclusively in the
Federal Court for the Western District of Virginia (the “Chosen Court”) and,
solely in connection with claims arising under this Agreement or the
transactions contemplated hereby, (i) irrevocably submits to the exclusive
jurisdiction of the Chosen Court, (ii) waives any objection to laying
venue in any such action or proceeding in the Chosen Court, and (iii) waives
any objection that the Chosen Court is an inconvenient forum or does not have
jurisdiction over it. The foregoing consents to jurisdiction and service of
process shall not constitute general consents to service of process for any
purpose except as provided herein and shall not be deemed to confer rights on
any Person other than the parties.


 


14
















 


Interconnect Agreement Number E- _____________


Meter Name _____________


 


Section 15.2     Construction of this Agreement. No presumption
shall operate in favor of or against either Party as a result of any
responsibility either Party may have had for drafting this Agreement.


 


Section 15.3     Execution. This Agreement
may be executed in one or more counterparts, each of which shall be deemed an
original, and all of which together shall constitute one and the same
instrument. As used herein, the singular of any term shall include the plural.


 


Section 15.4     Captions. The article
and section captions of this Agreement are for purposes of reference only and
shall not affect the meaning of any provision of this Agreement.


 


Section 15.5     Amendments. This Agreement
may only be amended or modified by written instrument signed by the duly
authorized representatives of Customer and Gatherer.


 


Section 15.6     Severability. If any
provision of this Agreement is held by any court of competent jurisdiction to
be illegal, invalid, unenforceable, or in conflict with any law of the
Commonwealth of Virginia, the validity of the remaining provisions of this
Agreement shall not be affected, and the rights and obligations of the Parties
shall continue in full force and effect to the full extent permitted by law. If
any provision of this Agreement is held invalid, illegal, unenforceable or in
conflict with any Virginia law, the Parties shall meet promptly and negotiate
in good faith a replacement provision to effectuate the intent of the Parties.


 


Section 15.7     Confidentiality.


 


(a)        “Confidential information”
shall mean all information that is furnished by any Party (the “Disclosing
Party”) to any other Party in connection with the purposes of this Agreement
(the “Receiving Party”), whether written or oral and in whatever form or medium
it is provided and shall specifically include (i) this Agreement, and (ii) all
data, records, oral discussions and information exchanged between the Parties.


 


(b)        The following Information
shall not be deemed to be Confidential Information and the provisions of this Section 15.7
shall not apply to: (i) information which is or becomes generally
available to the public other than as a result of a disclosure in violation of
this Agreement; (ii) information which becomes available to the Receiving
Party on a non-confidential basis from a source other than a Disclosing Party
if such Receiving Party had no reason to believe that such source was subject
to any prohibition against transmitting the information to such Receiving
Party; and (iii) information  independently developed by
the Receiving Party.


 


(c)        For a period
ending two (2) years after the expiration or termination of this
Agreement, each Receiving Party shall not disclose any Confidential Information
to any other Person without the consent of the Disclosing Party, other than: (i)
to an actual or prospective financial advisor, lender, manager of an
underwriting syndicate, legal counsel, consultant, contractor or subcontractor,
in each case with a business need to be informed; (ii) to an actual or
prospective purchaser of all or any portion of the capital securities or assets
of such Party; (iii) to a Governmental Authority or a Person to which


 


15

















 


Interconnect Agreement Number E- _____________


Meter Name _____________


 


the Disclosing Party or its
Affiliate is required by Applicable Law or the applicable rules of any
stock exchange or securities regulatory authority to disclose the Confidential
Information; and (iv) to a natural gas purchaser, natural gas supplier,
natural gas transporter, consultant, contractor, subcontractor or legal
counsel, in each case with a business need to be informed.


 


(d)        In case of a
disclosure of Confidential Information to a third Person permitted by this Section 15.7,
the Receiving Party disclosing such information shall ensure that such third
Person has signed an agreement in writing or is otherwise bound by an
obligation of confidentiality at least as restrictive as those contained in this
Agreement to protect the Confidential Information from further disclosure to
the same extent as the Parties are obligated under this Section 15.7,
except in the case of any such Person which is prevented from entering into
such an agreement in accordance with Applicable Law or disclosures permitted by
Section 15.7(c)(iii).


 


(e)        If a Party
reasonably believes it or any of its representatives is required by Applicable
Law or the applicable rules of any stock exchange or securities regulatory
authority (whether requested by oral question, interrogatory, request for
information or documents, subpoena, civil investigative demand, similar law or
legal process or otherwise) to disclose any Confidential Information, such
Party shall promptly notify the other Parties of such requirement as soon as it
becomes aware that such disclosure is required.


 


(f)         The Parties
recognize and agree that if any of the provisions of this Section 15.7 are
not performed in accordance with their specific terms or are otherwise breached,
immediate and irreparable harm or injury may be caused for which money damages
would not be an adequate remedy. Accordingly, each Party hereby agrees that, in
addition to other remedies, the Parties shall be entitled to seek an injunction
restraining any violation or threatened violation of the provisions of this Section 15.7
or to seek specific performance or other equitable relief to enforce the
provisions of this Section 15.7.


 


Section 15.8     Audits.


 


(a)         Accounting
Audits: Gatherer shall have the right to audit Customer’s accounting records
and other documents relating to materials delivered by or on behalf of Customer
for Gatherer’s account for any calendar year within the twenty-four (24) month
period following the end of such calendar year. This provision shall continue
in full force and effect for a period of twenty-four (24) months from the
effective date of cancellation or termination of this Agreement.


 


(b)         Field Audits: Customer
gives Gatherer permission to periodically come onto Customer’s property in
order to audit those facilities used to deliver/receive Gas hereunder.
Permission for ingress/egress includes personnel, vehicles, and other equipment
deemed necessary by Gatherer. Gatherer has permission to perform all operating
and maintenance functions associated with verifying the integrity and
functionality of equipment, piping, and appurtenances. If, in Gatherer’s
judgment,


 


16

















 


Interconnect Agreement Number E- _____________


Meter Name _____________


 


modifications are necessary in order to
assure proper operation of the equipment, Gatherer has permission to remove
and/or replace pipe, fittings, and equipment at the Gatherer’s discretion and
at the expense of the Customer.


 


Section 15.9     Waiver. Any waiver by
either Party of performance due by the other Party under the
terms of this Agreement shall not operate as a waiver of any or all of such
Party’s rights with respect to all prior or subsequent obligations of the other
Party.


 


Section 15.10   Entire Agreement. The entire
agreement between the Parties shall include those provisions contained in this
agreement and any effective Appendices (collectively “Agreement”). Each
Appendix shall be executed by duly authorized representatives of Gatherer and Customer
to signify acceptance of the terms and conditions set forth therein. Each duly
executed Appendix is hereby incorporated into and made a part of this
Agreement. In the event of a conflict between the terms of any Appendix and the
terms of this Agreement, the terms of the Appendix shall govern.


 


This Agreement, as amended
from time to time, constitutes the entire agreement between the Parties and
supersedes all previous offers, negotiations, understandings and agreements
between the Parties with respect to the subject matter hereof. There are no
agreements, modifications, conditions or understandings, written or oral,
expressed or implied, pertaining to the subject matter of this Agreement which
are not contained in this Agreement.


 


[SIGNATURE
PAGE FOLLOWS]


 


17

















 


Interconnect Agreement Number E- _____________


Meter Name _____________


 


IN
WITNESS WHEREOF, Gatherer and Customer have duly executed this Agreement to be
effective as of the day and year first written above.


 


	
  NORA GATHERING, LLC

  	
   

  	
  <Customer>

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Signature:

  	
   

  	
   

  	
  Signature:

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Name:

  	
   

  	
   

  	
  Name:

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Title:

  	
   

  	
   

  	
  Title:

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Date:

  	
   

  	
   

  	
  Date:

  	
   

  



 


18

















 


Interconnect Agreement Number E- _____________


Meter Name _____________


 


NORA
GATHERING, LLC 

Interconnect Agreement 

Appendix A


 


This
Appendix A is a part of the Interconnect Agreement (“Agreement”) made
and entered into on the       day
of       , 20    by and
between              
(“Customer”) with offices at                  
, and Nora Gathering, LLC, a Pennsylvania limited partnership, with offices at
225 North Shore Drive, Pittsburgh, Pennsylvania 15212 (“Gatherer”). This
Appendix A, in conjunction with the Agreement, provides for the establishment of
a new point of interconnection on Gatherer’s system at or near          ,
in             County,             .
As used in this Appendix, Gatherer and Customer are also referred to
individually as a “Party” and collectively as the “Parties”.


 


Section 1           Specifications. Customer shall
follow the “Minimum Engineering &  Technical Specifications for
Interconnect Facilities” set forth in Appendix B in designing and installing
the proposed Interconnection Facilities. In addition to the minimum design
specification and operating parameters set forth in Appendix B, the following
specifications shall be followed:


 


(a)         Maximum Allowable Operating
Pressure (“MAOP”). The Gatherer’s MAOP at the
point of delivery into line No.                           
is currently              
psig. Accordingly, all Interconnection Facilities shall be designed with
a                           psig
minimum design pressure and
ANSI                        rated
fittings.


 


(b)         Interconnect Location:


 


Section 2           Ownership. The
Interconnect Facilities shall be owned by
           .


 


Section 3           Operation. The
Interconnect Facilities shall be operated by            .


 


Section 4           Construction
and Installation Fee. Customer shall pay Gatherer
a Construction and Installation Fee in the amount of       .


 


19

















 


Interconnect Agreement Number E- _____________


Meter Name _____________


 


IN
WITNESS WHEREOF, Gatherer and Customer have duly executed this Appendix A,
complete with any necessary attachments and as noted above, on
this         day of
                       ,
20   .


 


	
  NORA GATHERING, LLC

  	
   

  	
  <Customer>

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Signature:

  	
   

  	
   

  	
  Signature:

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Name:

  	
   

  	
   

  	
  Name:

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Title:

  	
   

  	
   

  	
  Title:

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Date:

  	
   

  	
   

  	
  Date:

  	
   

  



 


20

















 


Interconnect Agreement Number E- _____________


Meter Name _____________


 


NORA
GATHERING, LLC 

Gathering Interconnect Agreement 

Minimum Engineering & Technical Specifications 

for Interconnect Facilities


Appendix
B


 


ARTICLE
1


DESIGN
OF INTERCONNECT FACILITIES


 


Section 1.1      General. Customer shall
be responsible for all aspects of the design and construction of the
Interconnect, subject to the terms and conditions of the Interconnect
Agreement, unless specifically noted otherwise by Gatherer.


 


Section 1.2      Materials. All material
and equipment furnished for the Interconnect Facilities shall be new and shall
satisfy (i) the generally accepted industry standards and (ii) the
specifications set forth in Appendix A.


 


Section 1.3      Site/Land Acquisition


 


(a)       Customer shall provide, if
required, a right of way necessary for the tie-in of proposed Interconnect
facilities to existing Gatherer-owned facilities that is free of all costs and
from all claims and liabilities for damages arising out of installation or the
construction of the facility. Customer shall provide Gatherer with the
necessary rights-of-way, permits, and related surface rights including the
rights of ingress, egress and regress necessary to access the Interconnect
Facilities.


 


(b)      Customer and Gatherer must
agree beforehand to the location of the Interconnection as well as the final
tie-in location.


 


(c)       Customer shall satisfy
itself as to the character and types of surface and subsurface materials to be
encountered in construction of the Interconnect.


 


(d)      Customer’s right-of-way
shall be cleared of all debris and obstructions before the Interconnect
Facilities are tied into the Gatherer’s facilities.


 


(e)       The Interconnect Facilities
shall be readily accessible, located in an area that is not susceptible to
vehicular or other damage but as near as practical to the final tie-in point.
Gatherer reserves the right to require that the Interconnect be enclosed within
a locked fence or building.


 


(f)       All costs associated with
Customer’s obligations under this section shall be the Customer’s
responsibility.


 


(g)      To the extent that Gatherer
is at any time required to pay for such rights-of-way or such costs or claims
or liabilities, then such amounts and related


 


21

















 


Interconnect Agreement Number E- _____________


Meter Name _____________


 


expenses shall be
incorporated within the Initial Construction and Installation payment made
under this Agreement.


 


Section 1.4      Inlet Filter.
Filter/filter-separator facilities installed upstream of the Interconnect
Facilities at receipt interconnects must be considered and based upon specific
gas analysis.


 


Section 1.5      Freeze Prevention. In
circumstances where heavier hydrocarbons and/or water vapor may be present
within the gas stream, Customer shall incorporate freeze protection measures
into the design of the Interconnect Facilities. The method and design of the
freeze protection measures shall be submitted to the Gatherer for approval and
no construction shall commence until such time as Customer receives written
approval from Gatherer. If Customer’s freeze protection measures involve the
use of natural gas for fuel, then the tap for such fuel supply line shall be
made (i) upstream of the Interconnect, if the Interconnect is functioning
as a receipt point into Gatherer’s system and/or (ii) downstream of the
Interconnect, if the Interconnect is functioning as a delivery point from the
Gatherer’s system, as the case may be, such that Customer bears the costs of
the fuel. Freeze protection measures which may be acceptable to Gatherer
include the following:


 


(a)       Methanol Injection — should
be installed downstream of meters


 


(b)      Catalytic heaters / heat
trace - for regulator bodies


 


(c)       Indirect water bath heaters — for large pressure cuts and large
flow volumes


 


(d)      All gas provided and
delivered to Gatherer shall have a temperature of no less than 45o F.


 


Section 1.6      Regulating and Overpressure
Protection. Gatherer may require regulation and shall
require over-pressure protection for receipt points under this Agreement. Such
regulation shall deliver pressures suitable to pressures in Gatherer’s system.
Gatherer shall specify and/or approve the type of regulators to be used and
shall specify, pressure ranges, and operating settings.


 


(a)       A pressure-limiting device
shall be required whenever a pipeline system has the possibility of realizing
pressures exceeding the Gatherer facility MAOP.


 


(b)       Overpressure protection
devices shall be set such that pressures may not exceed the maximum allowable
operating pressure for the facility into which Customer is delivering Gas.


 


(c)       Overpressure protection
devices must be designed to prevent a single incident from affecting the
operation of the Interconnect.


 


(d)       Monitor regulators, or
control valves, when feasible, should be used for overpressure protection.


 


22

















 


Interconnect Agreement Number E- _____________


Meter Name _____________


 


(e)       Monitor regulators shall
consist of a stand-alone valve operating on a pneumatic signal taken directly
from the pipeline.


 


(f)       The monitor regulator shall
fail open, unless specified otherwise by the Gatherer.


 


(g)      If pilot loaded valves are
used, the pilots shall not bleed when they are not operating. Pilot bleeds should
be routed to downstream piping.


 


Section 1.7      Control Valves


 


(a)       Control valves shall be
sized using the highest flow rate compounded with the lowest delivery pressure.


 


(b)      All flow control valves
should be installed to fail in the open position or in the last set positions,
as applicable.


 


(c)       Gatherer shall approve the
type and brand of control valve.


 


(d)      Downstream taps for pressure
control valves shall be noted on detail drawings, and shall also possess a
pressure transducer for stations designed with telemetry.


 


Section 1.8      Miscellaneous Valves and Piping


 


(a)       Blowdown valves shall be
installed to provide for venting of all sections.


 


(b)      Meter header piping shall be
sized for 1.5 times the total combined area of the total meter runs


 


(c)       Isolation valves will be
installed on either side of regulators, meters, and control valves.


 


(d)      Piping shall be Standard
Weight unless approved otherwise by Gatherer


 


Section 1.9      Emergency Valve. The design and
installation shall include an emergency valve (ball valve preferred) located at
least twenty-five (25) lineal feet (point to point) but not to exceed fifty
(50) lineal feet from the tie-in with Gatherer’s pipeline facilities. The
emergency valve shall be readily accessible, easily operated, and sufficiently
marked for quick identification.


 


Section 1.10    Gatherer tie-in and tap sizing. Gatherer shall
provide for the sizing and actual installation of tap for tie-in of
interconnect to Gatherer facilities. Customer shall provide data necessary for
the sizing of the tap.


 


Section 1.11      Gas Chromatograph. Auxiliary
equipment may be required for measurement of Btu variations. Gatherer’s gas
control department shall have the final decision as to the type of gas analysis
required. An on-line chromatograph, designed for the specific type


 


23

















 


Interconnect Agreement Number E- _____________


Meter Name _____________


 


of gas and gas content
applicable to the Interconnect shall be typically required. When approved, in
writing by Gatherer’s gas control department, a continuous sampler shall be
required as an alternative to the on-line chromatograph.


 


Section 1.12    Dehydration. Gas received
by Gatherer at interconnects shall contain a maximum water content of no more
than seven (7) pounds per MMcf of gas. Customer shall consider the need
for dehydration if water content exceeding this amount could be realized.
Gatherer has final approval on the type of dehydration proposed by Customer.
Gatherer has the right to discontinue and/or terminate any Agreement whereas
water content of gas delivered exceeds this specified limit.


 


Section 1.13    Dew Point Tester. When deemed
necessary by Gatherer, Customer shall incorporate an on-line dew point tester
as part of the Interconnect Facilities. The unit shall be set such that any gas
volumes detecting water content levels in excess of contractual specifications
shall result in the automated closure of an in-line valve thereby preventing
further delivery of gas into system. Valve shall remain closed until an
acceptable water moisture content of the gas can be provided.


 


Section 1.14    Corrosion Coupon Tap. When specified
by Gatherer, Customer shall provide for an in-line valve tap for installing
corrosion coupons.


 


Section 1.15    Check Valve. All interconnects
shall be installed with a check valve of some type so as to assure gas flow in
the direction proposed by the Agreement.


 


ARTICLE
2


INSTALLATION,
TESTING, and INSPECTION


 


Section 2.1      Testing


 


(a)       All facilities shall be
tested in accordance with specifications provided by Gatherer. Gatherer shall
specify minimum test pressure and test duration. Tests shall be conducted using
a recording chart of which Gatherer shall receive original or a clear copy of
the original test chart.


 


(b)      Gatherer shall not activate
the Interconnect until a copy (or original) of the test chart has been received
and approved.


 


Section 2.2        Inspection


 


(a)       Gatherer reserves the right
to inspect all facilities during installation.


 


(b)       Prior to startup of
construction, three days notice shall be provided to Gatherer


 


(c)       All girth welds must be 100%
radiographically inspected and approved.


 


24
















 


Interconnect Agreement
Number E- _____________


Meter Name _____________


 


(d)                        Customer shall be responsible for all expenses, including inspection by Gatherer,
relative to construction inspections of facility.


 


25

















 


EXHIBIT
H 




FORM OF
MEMBER INTERCONNECT AGREEMENT 




[See
attached.]


 


H-1

















 


MEMBERS
INTERCONNECT AGREEMENT


 


BETWEEN


 


NORA
GATHERING, LLC


 


AS
GATHERER,


 


AND


 


EQUITABLE
PRODUCTION COMPANY


 


AS
CUSTOMER,


 


Dated as of                      ,
2007


 

















 


Interconnect Agreement
Number E- _____________


 


TABLE
OF CONTENTS


 


	
  ARTICLE 1 DEFINITIONS

  	
  1

  
	
  Section 1.1

  	
  Definitions

  	
  1

  
	
   

  	
   

  	
   

  
	
  ARTICLE
  2 PURPOSE AND PROCEDURES FOR DESIGN, APPROVAL, INSTALLATION AND ACTIVATION OF
  FACILITIES

  	
  3

  
	
  Section 2.1

  	
  Agreement

  	
  3

  
	
  Section 2.2

  	
  Base Agreement

  	
  3

  
	
  Section 2.3

  	
  Application

  	
  3

  
	
  Section 2.4

  	
  Design Specifications

  	
  3

  
	
  Section 2.5

  	
  Installation

  	
  3

  
	
  Section 2.6

  	
  Activation of Facilities

  	
  4

  
	
   

  	
   

  	
   

  
	
  ARTICLE
  3 INTERCONNECT FACILITIES

  	
  4

  
	
  Section 3.1

  	
  Interconnect Facilities

  	
  4

  
	
  Section 3.2

  	
  Debris and Obstructions

  	
  4

  
	
   

  	
   

  	
   

  
	
  ARTICLE
  4 OWNERSHIP OF INTERCONNECT FACILITIES

  	
  4

  
	
  Section 4.1

  	
  Gatherer’s Facilities

  	
  4

  
	
  Section 4.2

  	
  Customer’s Facilities

  	
  4

  
	
   

  	
   

  	
   

  
	
  ARTICLE
  5 INTERCONNECTION OPERATIONS

  	
  5

  
	
  Section 5.1

  	
  Commencement of Operation

  	
  5

  
	
  Section 5.2

  	
  Gathering Obligations

  	
  5

  
	
  Section 5.3

  	
  Environmental
  Responsibility

  	
  5

  
	
  Section 5.4

  	
  Facility Improvements

  	
  6

  
	
  Section 5.5

  	
  Shut-In

  	
  6

  
	
  Section 5.6

  	
  Notice of Maintenance or
  Repairs

  	
  6

  
	
  Section 5.7

  	
  Facilities Abandonment

  	
  6

  
	
   

  	
   

  	
   

  
	
  ARTICLE
  6 TERM

  	
  6

  
	
  Section 6.1

  	
  Term

  	
  6

  
	
  Section 6.2

  	
  Disconnection

  	
  6

  
	
   

  	
   

  	
   

  
	
  ARTICLE
  7 BILLING AND PAYMENT

  	
  7

  
	
  Section 7.1

  	
  Quantities Deemed
  Conclusive

  	
  7

  
	
  Section 7.2

  	
  Remedies for Adverse
  Claims

  	
  7

  
	
   

  	
   

  	
   

  
	
  ARTICLE
  8 OPERATIONAL COSTS TO BE BORNE BY CUSTOMER

  	
  7

  
	
  Section 8.1

  	
  Gas Quality and Monitoring
  Costs

  	
  7

  
	
  Section 8.2

  	
  Customer Facilities Costs

  	
  7

  
	
   

  	
   

  	
   

  
	
  ARTICLE
  9 FAILURE TO PERFORM

  	
  7

  
	
  Section 9.1

  	
  Suspension

  	
  7

  
	
  Section 9.2

  	
  Damages

  	
  8

  



 


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Interconnect Agreement
Number E- _____________


 


	
  Section 9.3

  	
  Indemnity

  	
  8

  
	
   

  	
   

  	
   

  
	
  ARTICLE
  10 PRESSURE, GAS QUALITY AND HEATING VALUE

  	
  8

  
	
  Section 10.1

  	
  Regulation

  	
  8

  
	
  Section 10.2

  	
  Compression

  	
  9

  
	
  Section 10.3

  	
  Pressure in Gatherer’s
  System

  	
  9

  
	
  Section 10.4

  	
  Gas Quality

  	
  9

  
	
  Section 10.5

  	
  Temperature

  	
  9

  
	
  Section 10.6

  	
  Monitoring

  	
  9

  
	
  Section 10.7

  	
  Gas Taken and Co-mingled

  	
  10

  
	
   

  	
   

  	
   

  
	
  ARTICLE
  11 MEASUREMENT FACILITIES

  	
  10

  
	
  Section 11.1

  	
  Measurement Facilities

  	
  10

  
	
  Section 11.2

  	
  Pipeline Safety

  	
  10

  
	
  Section 11.3

  	
  Measurement Site Access

  	
  10

  
	
  Section 11.4

  	
  Check Measurement

  	
  11

  
	
  Section 11.5

  	
  Orifice Meters

  	
  11

  
	
  Section 11.6

  	
  Positive Displacement
  Meters

  	
  11

  
	
  Section 11.7

  	
  Turbine Meters

  	
  11

  
	
  Section 11.8

  	
  Electronics

  	
  11

  
	
  Section 11.9

  	
  Notice

  	
  11

  
	
  Section 11.10

  	
  Testing and Calibration

  	
  12

  
	
  Section 11.11

  	
  Special Test

  	
  12

  
	
  Section 11.12

  	
  Measuring Adjustment

  	
  12

  
	
  Section 11.13

  	
  Measurement Corrections

  	
  13

  
	
  Section 11.14

  	
  Termination

  	
  13

  
	
  Section 11.15

  	
  Data and Records Retention

  	
  13

  
	
  Section 11.16

  	
  Volume and Quality
  Determination

  	
  13

  
	
  Section 11.17

  	
  Right of Inspections

  	
  14

  
	
  Section 11.18

  	
  Low Volumes for Receipt
  Points

  	
  15

  
	
   

  	
   

  	
   

  
	
  ARTICLE
  12 REGULATORY APPROVALS

  	
  15

  
	
  Section 12.1

  	
  Initial Regulatory Filing
  Requirements

  	
  15

  
	
  Section 12.2

  	
  Change in Regulation
  Results in Material Adverse Effect

  	
  15

  
	
   

  	
   

  	
   

  
	
  ARTICLE
  13 ASSIGNMENT

  	
  16

  
	
  Section 13.1

  	
  Assignment of this Agreement

  	
  16

  
	
   

  	
   

  	
   

  
	
  ARTICLE 14 NOTICE

  	
  16

  
	
  Section 14.1

  	
  Notices

  	
  16

  
	
  Section 14.2

  	
  Receipt of Communications

  	
  16

  
	
   

  	
   

  	
   

  
	
  ARTICLE 15 MISCELLANEOUS

  	
  17

  
	
  Section 15.1

  	
  Choice of Law

  	
  17

  
	
  Section 15.2

  	
  Construction of this
  Agreement

  	
  17

  
	
  Section 15.3

  	
  Execution

  	
  17

  



 


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Interconnect Agreement
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  Section 15.4

  	
  Captions

  	
  17

  
	
  Section 15.5

  	
  Amendments

  	
  17

  
	
  Section 15.6

  	
  Entire Agreement

  	
  17

  
	
  Section 15.7

  	
  Severability

  	
  18

  
	
  Section 15.8

  	
  Confidentiality

  	
  18

  
	
  Section 15.9

  	
  Audits

  	
  19

  
	
  Section 15.10

  	
  Waiver

  	
  20

  
	
  Section 15.11

  	
  No Third Party Beneficiary

  	
  20

  



 


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Interconnect Agreement
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NORA
GATHERING, LLC

MEMBERS INTERCONNECT AGREEMENT


 


THIS MEMBERS INTERCONNECT
AGREEMENT (this “Agreement”) is entered into this        day
of             ,
2007, by and between NORA GATHERING, LLC, a Delaware limited liability company
with an office located at 225 North Shore Drive, Pittsburgh, Pennsylvania
15212-5861 (hereinafter referred to as “Gatherer”), and EQUITABLE PRODUCTION
COMPANY, a Pennsylvania corporation with an office at 225 North Shore Drive,
Pittsburgh, Pennsylvania 15212-5861 (hereinafter referred to as “Customer”).
Gatherer and Customer are also referred to herein individually as a “Party” and
collectively as the “Parties.”


 


WHEREAS, Gatherer owns and
operates certain natural gas gathering lines located in the Commonwealth of
Virginia; and


 


WHEREAS, Customer is a
member of Gatherer and has available certain supplies of natural gas (in which
it and/or another member of Gatherer and any co-owners in any the wells
producing such natural gas own an interest within the Nora Field, as defined in
that certain Contribution Agreement dated                  ,
2007 among Customer, Equitable Gathering Equity, LLC, Pine Mountain Oil and
Gas, Inc. and Gatherer) which it desires to deliver or have delivered into
Gatherer’s natural gas gathering lines.


 


NOW THEREFORE, in
consideration of the premises and mutual covenants contained herein, and for
other good and valuable consideration (the receipt and sufficiency of which are
hereby acknowledged), Gatherer and Customer hereby agree as follows.


 


ARTICLE
1

DEFINITIONS


 


Section
1.1                     Definitions.   For the purposes of this Agreement, the
following terms, when capitalized herein, shall have the meanings set forth
below:


 


(a)       “Applicable Law” means all laws, statutes, rules,
regulations, ordinances, orders, requirements and codes of Governmental
Authorities.


 


(b)      “Authorizations” means any and all approvals, permits,
licenses, franchises, or other authorizations required by any Governmental
Authority which are necessary for the performance of a Party’s obligations
hereunder.


 


(c)       “Btu” means the amount of heat
required to raise the temperature of one avoirdupois pound of pure water from
fifty-eight and five-tenths degrees (58.5) Fahrenheit to fifty-nine and
five-tenths degrees (59.5) Fahrenheit at a constant pressure of fourteen and
seventy-three hundredths (14.73) Psia. Where appropriate, Btu shall mean the
plural of the aforementioned definition.


 


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Interconnect Agreement
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(d)      “Construction and Installation Fee” means the actual costs incurred by Gatherer
(including labor, tools, materials, equipment and overhead expenses incurred by
Gatherer) for the development, design, construction and completion activities
for the Interconnect Facilities.


 


(e)       “Custody Transfer Point” means the inlet flange of the meter with
respect to any Interconnect.


 


(f)       “Customer Interconnect Facilities” means each Interconnect Facilities situated
upstream of any Custody Transfer Point.


 


(g)      “Dry Gas” means Gas containing no water vapor.


 


(h)      “Existing Interconnects” means the Interconnects currently existing
as of the date of this Agreement.


 


(i)        “Gas” means a mixture of hydrocarbon
and nonhydrocarbon gases, and shall include casinghead gas produced with
crude oil, gas produced from gas wells, including coalbed methane wells, and
residue gas resulting from processing both casinghead gas and gas well gas.


 


(j)        “Gatherer Interconnect Facilities” means each Interconnect Facilities situated
downstream of the Custody Transfer Point.


 


(k)       “Governmental Authority” means any government and/or any political subdivision
thereof, including departments, courts, commissions, boards, bureaus,
ministries, agencies or other instrumentalities. 


 


(l)        “Gross Heating Value” means the number of Btu’s liberated by the complete
combustion of constant pressure of one (1) cubic foot of Dry Gas, at a base
temperature of sixty (60) degrees Fahrenheit and a referenced pressure base of
fourteen and seventy-three hundredths (14.73) Psia, with air of the same
temperature and pressure of the Gas, after products of combustion are cooled to
the initial temperature of the Gas, and after the water of the combustion is
condensed to a liquid state. The Gross Heating Value of the Gas shall be
corrected for the water vapor content of the Gas being delivered; provided,
however that if the water vapor content of the Gas is seven (7) pounds or less
per one million (1,000,000) cubic feet, the Gas shall be deemed to be dry and
no correction will be made.


 


(m)      “Interconnect” means each point of interconnection between
each Well and the Gatherer’s natural gas gathering lines as set forth in the
Appendices attached hereto, as amended and/or supplemented from time-to-time.


 


(n)      “Interconnect Facilities” is defined in Section 3.1 of this Agreement.


 


(o)      “Mcf” means one thousand (1,000) cubic
feet of Gas. 


 


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Interconnect Agreement
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(p)      “MMBtu” means one million (1,000,000) Btu’s.


 


(q)      “Well” means a well in which Customer (and/or a member of Gatherer for which
Customer is marketing Gas) has a working interest.


 


ARTICLE
2

PURPOSE AND PROCEDURES FOR DESIGN, APPROVAL, INSTALLATION AND

ACTIVATION OF FACILITIES


 


Section 2.1                Agreement.   This Agreement establishes the general terms
and conditions under which Customer and Gatherer will provide for (i) the
proper design, installation, operation, maintenance and cost responsibility for
new Interconnects and corresponding Interconnect Facilities and (ii) the proper
operation, maintenance and cost responsibility for Existing Interconnects.


 


Section 2.2                Base Agreement.   Customer and Gatherer may
utilize this Agreement as a vehicle for establishing multiple Interconnects
between Gatherer’s natural gas gathering lines and Customer’s Wells. The
specifications for individual Interconnect Facilities (other than Existing
Interconnects) will be established in a separate appendix (hereinafter
“Appendix” or “Appendices”) in the form attached hereto.


 


Section 2.3                Application.   Customer shall provide
complete and accurate information to Gatherer in connection with any request
for a proposed new Interconnect, which information shall include, at a minimum,
(i) the location of such Interconnect and associated Interconnect Facilities,
(ii) the proposed maximum allowable operating pressure at the Interconnect,
(iii) the desired date for completion of such Interconnect, (iv) Customer’s
estimated maximum, minimum and average volumes of Gas to be delivered through
such Interconnect on a daily basis and (v) Customer’s estimated maximum,
minimum and average delivery/receipt pressures through such Interconnect.


 


Section 2.4                Design Specifications.   (a) Customer shall submit to Gatherer for
Gatherer’s prior approval (which approval shall not be unreasonably withheld,
conditioned or delayed) complete design specifications for each proposed
Customer Interconnect Facilities prior to site work or construction of any such
facilities. Customer agrees to make those changes to such design and
construction plans as Gatherer, in its reasonable discretion, believes are
necessary for the safe and reliable delivery of Gas into Gatherer’s natural gas
gathering lines. Gatherer shall promptly signify its approval by returning one
set of drawings noted as “APPROVED”. If approval of such proposed Customer
Interconnect Facilities is initially denied, the Parties shall meet to discuss
any necessary modifications to the design of such Customer Interconnect
Facilities.


 


(b)                   Gatherer shall submit to Customer complete
design specifications for each proposed Gatherer Interconnect Facilities.


 


Section 2.5                     Installation.   Upon Gatherer’s approval of the drawings and
design for Customer Interconnect Facilities, Customer and Gatherer shall
promptly coordinate the scheduling of construction and installation of each (a)
Customer Interconnect Facilities by


 


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Customer and (b) Gatherer
Interconnect Facilities by Gatherer. Gatherer shall have no obligation to
commence construction or installation work on any Gatherer Interconnect
Facilities until Customer has satisfied all of its prerequisite obligations
under this Agreement.


 


Section 2.6                     Activation of Facilities.   Activation of each Interconnect shall be
contingent upon readiness of Gatherer’s gas control department (which shall not
unreasonably delay activation of such Interconnect), as well as completion of
all construction and installation activities as specified and agreed upon by
and between Gatherer and Customer. Gatherer shall notify Customer when such
Interconnect is activated. Gatherer acknowledges that the Existing
Interconnects and associated facilities are currently activated for deliveries
of Gas.


 


ARTICLE
3

INTERCONNECT FACILITIES


 


Section 3.1                     Interconnect Facilities.   Each Interconnect
facilities (other than for Existing Interconnects) shall be comprised of
equipment which includes (i) gas measurement equipment, (ii) overpressure
protection, (iii) certain interconnect piping facilities including a check
valve and an insulated/welded tie-in connection and (iv) such other facilities
as may be reasonably required by Gatherer (collectively “Interconnect
Facilities”) at each Interconnect, and shall include the Customer
Interconnect Facilities and the Gatherer Interconnect Facilities.
Notwithstanding the foregoing, the Interconnect Facilities shall not include
the pipelines and equipment upstream of the meter for each Interconnect unless
required by Gatherer as part of the design specifications for the applicable
Customer Interconnect Facilities. The Customer Interconnect Facilities shall be
designed, installed, operated, maintained and owned by Customer, and the
Gatherer Interconnect Facilities shall be designed, installed, operated,
maintained and owned by Gatherer, as agreed and as set forth in Appendix A.
The minimum engineering and technical specifications for each Interconnect
Facilities are further detailed in Appendix B. All costs associated with
any Interconnect Facilities shall be Customer’s responsibility, and any such
costs borne or paid by Gatherer shall be reimbursed by Customer through the
Construction and Installation Fee.


 


Section 3.2                     Debris and Obstructions.   Each Customer Interconnect
Facilities shall be cleared of all debris, obstructions and contaminants before
they are connected to any Gatherer Interconnect Facilities.


 


ARTICLE
4

OWNERSHIP OF INTERCONNECT FACILITIES


 


Section 4.1                     Gatherer’s Facilities.   Gatherer shall own, and
Gatherer shall design, install, operate and maintain each Gatherer Interconnect
Facilities, as more specifically described in Appendix A.


 


Section 4.2                     Customer’s Facilities.   Customer shall own (on its behalf and on
behalf of any co-owners in the applicable Well), and Customer shall design,
install, operate and maintain each Customer Interconnect Facilities, as more
specifically described in Appendix A.


 


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Interconnect Agreement
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ARTICLE
5


INTERCONNECTION
OPERATIONS


 


Section 5.1     Commencement of Operation.  Provided that Customer has notified
Gatherer, in writing, that the applicable Customer Interconnect Facilities are
complete, then Gatherer shall notify Customer, in writing, when the associated
Interconnect Facilities are complete, tested and ready for activation. Unless
otherwise instructed by Gatherer, receipts and/or deliveries of Gas at such
Interconnect Facilities may commence as soon as all Authorizations have been
granted, the necessary facilities have been completed, a gathering agreement is
in place with Customer or its purchaser of such Gas and Customer has satisfied
the material terms and conditions of this Agreement. Gatherer shall be
responsible for the coordination, installation, testing, and physical final
tie-in of each Interconnect Facilities to Gatherer’s natural gas gathering
lines. Gatherer shall develop, coordinate, and oversee all operations
associated with purging the meter set and piping into service. All such tie-in
activities shall be Customer’s financial responsibility, and any such costs
borne or paid by Gatherer shall be reimbursed by Customer through the
Construction and Installation Fee.


 


Section 5.2     Gathering Obligations.  Customer
will deliver its Gas at the Custody Transfer Point on each Interconnect to its
purchaser of such Gas (or if Customer is marketing such Gas, to Gatherer) and
Gatherer will receive Gas from such purchaser at such Custody Transfer Point
(or if Customer is marketing such Gas, from Customer), provided that Customer
or any party utilizing such Interconnect on behalf of Customer (including
Customer’s purchaser of such Gas), has entered into a valid gathering agreement
with Gatherer. Notwithstanding anything in this Agreement to the contrary,
delivery of Gas by Customer to its purchaser at the Custody Transfer Point
shall not diminish, alleviate or alter any Customer’s obligations hereunder. If
Customer is selling its Gas to its purchaser at the Custody Transfer Point,
Customer agrees that if Gas is delivered at the Custody Transfer Point and its
purchaser fails to nominate deliveries of such Gas, it shall not claim that
Gatherer has converted or stolen such Gas.


 


Section 5.3     Environmental Responsibility.  Each Party
represents that no hazardous substance as that term is defined in the Federal
Comprehensive Environmental Response Compensation Liability Act (CERCLA),
petroleum or petroleum products, “asbestos material” as that term is defined in
40 CFR 61.41 (1987), polychlorinated biphenyls (PCBs), or “solid waste” as that
term is defined in the Federal Resource Conservation Recovery Act (RCRA), will
be leaked, spilled, deposited or otherwise released by either Party on the
other Party’s property. In the event that any of said above referenced
materials are discovered on said property, the discovering Party shall
immediately notify the other Party of the discovery and existence of said
materials. In the event of either Party’s breach of the warranty contained in
this Section, as between the Parties hereto the full responsibility for the
proper handling, remediation, treatment, storage or disposal of any such
hazardous substance, petroleum or petroleum product, asbestos material, PCBs or
solid waste discovered on said property, including the handling of such
materials in compliance with all environmental laws including federal, state
and local laws, rules and regulations, shall remain with such Party who is
responsible for the leak, spill, deposit or release, and such Party shall
indemnify the other Party for any loss, cost, injury, damage to persons or
property, or fines, penalties or compliance order issued by any Governmental


 


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Interconnect Agreement
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Authority relating to
pollution or protection of the environment, including without limitation, laws
and regulations relating to emissions, discharges, releases or threatened
releases of chemicals, pollutants, contaminants, waste petroleum, toxic
substances and hazardous substances occurring on said property. This
Section shall survive the termination of this Agreement.


 


Section 5.4     Facility Improvements.  Gatherer retains the unilateral right
to change the operation of its natural gas gathering lines and/or upgrade its
system. Such operational changes may require the adjustment and/or addition of
equipment and facilities by Customer in order to maintain delivery of Gas
volumes that it desires to deliver at each Custody Transfer Point. As between
the Parties, the cost of any such adjustment and/or addition of equipment and
facilities requirements will be borne entirely by Customer. 


 


Section 5.5     Shut-In.  Gatherer retains the unilateral right
to immediately shut-in or cause Customer to shut-in any Interconnect the
continued operation of which, in Gatherer’s sole and reasonable judgment,
threatens the integrity and safe operation of Gatherer’s natural gas gathering
lines.


 


Section 5.6     Notice of Maintenance or Repairs.  To the extent possible, each Party
shall advise the other Party in writing at least fifteen (15) calendar days
before taking any of its Interconnect Facilities out of service for maintenance
or repairs lasting more than seven (7) calendar days. After all maintenance
and repairs have been completed, the Party making repairs shall immediately
reconnect such Interconnect Facilities and resume service (subject to, in the
case of maintenance or repairs by Customer to any Customer Interconnect
Facilities, two (2) business days’ advance notification to Gatherer).


 


Section 5.7     Facilities Abandonment.  In the event Gatherer, in its
reasonable discretion because of operational reasons, surface rights issues or
reasons of third party constraints, should ever abandon, retire or cease to
operate, in whole or in part, its natural gas gathering lines, then Gatherer
may, in its sole and reasonable discretion, and without further obligation,
terminate this Agreement, as it relates to the Interconnects utilizing such
lines, upon not less than sixty (60) calendar days’ prior written notice to
Customer.


 


ARTICLE
6


TERM


 


Section 6.1     Term.  The
term of this Agreement shall commence on
                           
, 2007 regardless of when executed, and shall continue for a term of ten (10) years
(the “Initial Term”). Unless either Party provides not less than sixty (60)
days prior written notice to the other Party on or before the expiration of the
Initial Term, or if applicable the anniversary date of the Initial Term, the
term of this Agreement shall be automatically extended for additional one-year
periods. The obligations of Customer to indemnify Gatherer pursuant hereto
shall survive the termination or cancellation of this Agreement and the
Appendices.


 


Section 6.2       Disconnection.  In the
event either Party desires to disconnect the Customer Interconnect Facilities
from the Gatherer Interconnect Facilities, the initiating Party


 


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Interconnect Agreement
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shall tender not less than
sixty (60) calendar days advance written notice to the other Party of such
intent, and upon such disconnection of facilities, this Agreement shall
terminate with respect to the Interconnect associated with such Interconnect
Facilities. The Parties agree that such disconnection shall not occur during
the Initial Term, unless mutually agreed by both Parties or mandated by an
action of any Governmental Authority. Each Party shall be responsible for all
costs of abandonment and/or removal of their respective facilities. Any
disconnection shall be in accordance with the requirements of any Governmental
Authority having jurisdiction.


 


ARTICLE
7


BILLING
AND PAYMENT


 


Section 7.1     Quantities Deemed Conclusive.  Gatherer’s
statement of the total quantity of Gas received at the Custody Transfer Point
from Customer during any month shall be deemed conclusive unless Customer
forwards an objection to Gatherer in writing within twenty-four (24) months
after the receipt of Gatherer’s statement.


 


Section 7.2     Remedies for Adverse Claims.  In the event
of any adverse claim to any Gas received under this Agreement, or any part
thereof, is made by any person, Gatherer may refuse to receive such Gas under
this Agreement until the dispute is settled by agreement between Customer and
such person or by a decree of a court of competent jurisdiction.


 


ARTICLE
8


OPERATIONAL
COSTS TO BE BORNE BY CUSTOMER


 


Section 8.1     Gas Quality and Monitoring Costs.  As between
the Parties, Customer shall be solely responsible for all costs and charges
associated with the installation, operation and maintenance of Customer
Interconnect Facilities required to monitor, ensure and maintain the quality of
Gas delivered by Customer at a Custody Transfer Point and all costs associated
with quality remediation. Gatherer shall have access to facilities and all
devices and shall have the right, but not the obligation, to operate such
facilities and devices.


 


Section 8.2     Customer Facilities Costs.  As between
the Parties, Customer shall be solely responsible for all costs and charges
associated with monitoring, ensuring and maintaining the safe and reliable
operation of each Customer Interconnect Facilities. Gatherer reserves the right
to refuse receipts and/or deliveries of Gas through any Interconnect hereunder
if Gatherer, in its sole and reasonable judgment, deems the operation of
Customer’s facilities to be harmful to Gatherer’s natural gas gathering lines.


 


ARTICLE
9

FAILURE TO PERFORM


 


Section 9.1     Suspension.  If Customer fails to materially comply
with any of the covenants contained in this Agreement with respect to any
Interconnect, Gatherer may refuse to allow Gas to flow through such
Interconnect until, in Gatherer’s sole and reasonable opinion, Customer is
materially complying with all of the terms and conditions of this Agreement
with respect to such Interconnect. Gatherer, in its sole judgment, shall have
the right to shut-in any


 


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Interconnect Agreement
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Interconnect immediately if
any equipment with respect thereto is not operating properly, an overpressure
condition with respect thereto exists, design limitations with respect thereto
are exceeded, or safe operating conditions with respect thereto are
compromised. Furthermore, Gatherer has the right to keep such Interconnect
shut-in until Customer makes the necessary provisions to rectify the situation.
If the aforementioned conditions repeatedly arise, Gatherer has the right to
shut-in such Interconnect affected thereby indefinitely, and/or terminate this
Agreement with respect to such Interconnect.


 


Customer
shall reimburse Gatherer for any damages caused by Customer failing to comply
with any of the covenants contained in this Agreement, including payments made
by Gatherer to other affected customers in settlement of claims arising out of
such service. To the extent any damages required to be paid hereunder are
liquidated, the Parties acknowledge that the damages are difficult or
impossible to determine, otherwise obtaining an adequate remedy is
inconvenient, and the liquidated damages constitute a reasonable approximation
of the harm or loss.


 


If
any dispute between Customer and Gatherer results in third-party litigation
(i.e. litigation other than between Customer and Gatherer), Gatherer may
interplead all claimants that have an interest in such dispute, including
Customer.


 


Section 9.2     Damages.  IN NO EVENT WILL EITHER PARTY BE
RESPONSIBLE, EITHER UNDER THIS ARTICLE IX OR UNDER ANY OTHER TERM OR PROVISION
OF THIS AGREEMENT, FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.


 


Section 9.3     Indemnity.  Customer agrees to indemnify, hold harmless
and provide a defense for Gatherer, its officers, directors, members,
affiliates, agents, employees and contractors against any liability, loss, cost
or damage whatsoever (including, without limitation, claims for royalties,
taxes, fees or other charges) occurring in connection with or relating in any
way to (i) breach of this Agreement by Customer; (ii) the negligence
or other tortious act(s) or omission(s) by Customer, its officers,
directors, affiliates (other than Gatherer), agents, employees or contractors;
(iii) the Gas prior to its delivery at the Custody Transfer Point;
(iv) Customer’s title to the Gas upon delivery at the Custody Transfer
Point; and/or (v) the Gas to the extent the claim, liability, or damage
arises as a result of the quality of the Gas delivered by Customer or other
condition of the Gas. Such indemnification shall include, but not be limited
to, all costs and attorneys’ fees, whether or not such liability, loss, cost or
damage results from any demand, claim, action, cause of action, or suit brought
by Customer or by any person, association or entity, public or private, that is
not a Party to this Agreement.


 


ARTICLE
10

PRESSURE, GAS QUALITY AND HEATING VALUE


 


Section 10.1   Regulation.  Gatherer may require regulation and
shall require over-pressure protection at each Interconnect under this
Agreement.  Such regulation shall ensure
pressures compatible with Gatherer’s operating pressures in Gatherer’s natural
gas gathering lines. Gatherer shall specify and/or approve the type of
regulators to be used and, among other


 


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specifications, shall
specify pressure ranges and operating settings. All costs associated with such
equipment, including installation costs, shall be Customer’s responsibility,
and any such costs borne or paid by Gatherer shall be reimbursed by Customer
through the Construction and Installation Fee.


 


Section 10.2     Compression.  Customer shall not use any mechanical
means or accessory equipment to pump or compress Gas to aid its delivery at any
Custody Transfer Point without the express prior written consent of Gatherer
(which consent shall not be unreasonably withheld, conditioned or delayed).
Without limiting the foregoing, any compression utilized at, or immediately
upstream of, the Interconnect shall meet, at a minimum, the following safety criteria:


 


Compressor
units must have low-pressure shutdown controls on the suction of the
compressors to preclude drawing air into the system. If Customer desires to
operate the suction system with less than a two (2) psig minimum inlet
pressure, an oxygen sensor shall be installed on the inlet of the suction line
so as to automatically shut down the system when oxygen is detected at levels
above two thousand (2,000) parts per million (0.2%).


 


Section 10.3     Pressure
in Gatherer’s System.  Gatherer makes no representations or warranties concerning the
pressure which will be maintained in its natural gas gathering lines from
time-to-time or with respect to any other factors which may affect the quantity
of Gas which Customer may be able to deliver at the Custody Transfer Point.
Gatherer reserves the right to upgrade, when necessary, pipeline operating
pressures with no obligation to Customer, other than providing reasonable
notification of such matters.


 


Section 10.4     Gas
Quality. 
All Gas delivered by Customer at the Custody Transfer Point shall at all times
conform to the gas quality and heat content requirements established by the
applicable downstream receiver or transporter of such Gas, and such other gas
quality and heat content standards as Gatherer may reasonably impose. In the
event that the downstream receiver or transporter of the Gas is subject to a
valid FERC Gas Tariff, the Gas delivered by Customer at the Custody Transfer
Point shall at all times conform to the quality provisions of such FERC Gas Tariff,
which provisions are incorporated herein by reference. Before Gatherer permits
any flow of any amount of Gas into its system,. Customer shall provide Gatherer
with a certified gas analysis from a Gatherer-approved agency denoting that the
Gas proposed to be delivered at the Custody Transfer Point meets and/or exceeds
those requirements.


 


Section 10.5     Temperature.  Gas delivered at the Custody Transfer
Point by Customer shall not exceed one hundred degrees Fahrenheit (100°F). Gas
having a temperature greater than one hundred degrees Fahrenheit (100°F) may be
delivered at the Custody Transfer Point only upon prior written approval (which
approval shall not be unreasonably withheld, conditioned or delayed) by
Gatherer.


 


Section 10.6     Monitoring.  After initial deliveries are received,
Gatherer reserves the right to annually sample Customer’s Gas (to the extent
not sampled under the gathering agreement covering such Gas), or, if
reasonable, require Customer to acquire and install continuous, on-line monitoring
equipment, at the applicable Interconnect Facilities in order to


 


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validate the gas quality. If
the analysis indicates that Gatherer’s Gas quality specifications are not being
met, Gatherer reserves the right to shut-in deliveries at such Interconnect
Facilities indefinitely until Customer makes the necessary provisions to fully
comply with the gas quality requirements and/or take such other action as may be
available under this Agreement.


 


Section 10.7     Gas Taken and Co-mingled.  Gatherer shall accept Gas taken at
each Custody Transfer Point in accordance with this Agreement. Such Gas shall
be taken in its natural state, except as otherwise provided in this Agreement,
at the pressure of the Gas flowing from Customer’s Interconnect Facilities and
discharging at the Custody Transfer Point, against the varying pressures from
time to time maintained therein. From the time Customer’s Gas is received at
the Custody Transfer Point, Gatherer shall have the right to commingle such Gas
with other Gas in its natural gas gathering lines.


 


ARTICLE
11


MEASUREMENT
FACILITIES


 


Section 11.1     Measurement Facilities.  Gas
delivered by Customer at the Custody Transfer Point shall be measured at a site
satisfactory to Gatherer using measurement equipment designated by Gatherer.
The Parties acknowledge that all or some of the measurement and other
appurtenant facilities required by this Agreement may not be in existence as of
the date of execution of this Agreement. If the facilities required by this
Agreement are not in existence as of the date of execution of this Agreement,
the Parties shall work in good faith to install such facilities within ninety
(90) calendar days, or such other period as may be agreed to by the Parties in
writing. The measurement facilities shall be designed, installed, operated,
maintained and owned by Gatherer as set forth in Appendix A, and such measurement facilities shall be a part of the Gatherer
Interconnect Facilities. Gatherer shall be the measuring party and shall read
all meters. At any time after the termination of this Agreement, Gatherer shall
have the right to remove its facilities. Customer shall be solely responsible
for and shall bear the full costs of delivering Gas to the Custody Transfer
Point.


 


Section 11.2     Pipeline Safety.  Gatherer agrees to operate, maintain,
test, and repair the Gatherer Interconnect Facilities as a prudent operator in
accordance with any and all applicable state regulatory regulations and
requirements, and all other applicable industry codes and standards, all at
Customer’s expense.


 


Section 11.3     Measurement Site Access.  Except with
respect to lands covered by that certain Easement Agreement of even date
herewith between Pine Mountain Oil and Gas, Inc. and Gatherer, Customer
shall provide Gatherer with the necessary rights-of-way, permits, and related
surface rights, including the rights of ingress, egress and regress, necessary
for Gatherer to construct operate and maintain each Gatherer Interconnect
Facilities, to tie-in such Interconnect Facilities and to access each Customer
Interconnect Facilities, (in each case) free of all costs and from all claims
and liabilities for damages arising out of the installation or the construction
of such facilities. Customer and Gatherer must agree beforehand to the location
of the meter set and final tie-in location. Customer shall satisfy itself as to
the character and types of surface and subsurface materials to be encountered
in construction of each Interconnect Facilities. Customer’s right-of-way shall
be cleared of all debris and obstructions before the Customer


 


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Interconnect Agreement
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Interconnect Facilities are
tied into the Gatherer Interconnect Facilities. The meter set associated with
such Interconnect Facilities shall be readily accessible, located in an area
that is not susceptible to vehicular or other damage but as near as practical
to the final tie-in point, and be enclosed within a locked fence or building. All costs associated with Customer’s
obligations under this section shall be Customer’s responsibility, and any such
costs borne or paid by Gatherer shall be reimbursed by Customer through the Construction
and Installation Fee. To the extent that Gatherer is at any time required to
pay for such rights-of-way or incur such costs or claims or liabilities, then
such amounts and related expenses shall be reimbursed by Customer via the
Construction and Installation Fee.


 


Section 11.4     Check Measurement.  Customer may install, maintain and
operate, at its sole cost and expense, check measuring equipment in connection
with the Customer Interconnect Facilities; provided, however, that such
equipment shall be installed in a manner that will not interfere with the
operation of the measuring equipment required by this Agreement.


 


Section 11.5     Orifice Meters.  Orifice meters installed at any
measurement site shall be constructed and operated in accordance with American
National Standard Institute (“ANSI”) standards, American Petroleum Institute
(“API”) 2530, American Gas Association (“AGA”) AGA Report No. 3, Orifice Metering of Natural Gas and Other
Related Hydrocarbon Fluids, Second Edition, dated September 1985,
and any subsequent modifications and amendments thereto, and shall include the
use of flange connections and, where necessary, straightening vanes,
temperature correcting devices and pulsation dampening equipment.


 


Section 11.6     Positive Displacement Meters.  Positive Displacement Meters installed
at any measurement site shall be constructed and operated in accordance with
provisions of AGA Measurement Committee Report No. 6 (AGA Report
No. 6) dated January 1971, and any subsequent amendment or revisions
thereof.


 


Section 11.7     Turbine Meters.  Turbine Meters installed at any
measurement site shall be constructed and operated in accordance with the
provisions of AGA Measurement Committee Report No. 7 (AGA Report
No. 7), First Revision, dated November 1984, and any subsequent
modifications and amendments thereof.


 


Section 11.8     Electronics.  When and where electronic equipment
and flow computers are installed at any measurement site, the Gas may have its
volume, mass and/or energy content determined and computed in accordance with
the applicable AGA Standards including, but not limited to, AGA Report Nos. 3,
5, 6, and 7 and any subsequent modifications and amendments thereto.


 


Section 11.9     Notice.  Gatherer shall give reasonable notice
to Customer in order that Customer may have representatives present to observe
any installing, reading, cleaning, changing, repairing, inspecting, testing,
calibrating, or adjusting of any measuring equipment used in measuring or
checking the measurement of receipts or deliveries of Gas under this Agreement.
The official charts (recordings) from such measuring equipment shall be the
property of Gatherer, but upon request Gatherer will make the records and
charts, together with calculations therefrom, available to Customer for inspection
and verification.


 


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Interconnect Agreement
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Section 11.10  Testing and Calibration:


 


(a)       Gatherer shall have the
right, at any time, to verify the accuracy of and to adjust and calibrate all
recording devices used in the measurement of Gas hereunder. Customer may
request a special test be performed as described in Section 11.11 below.


 


(b)      If during any test of the
measuring equipment, an adjustment or calibration error is found which results
in an incremental adjustment to the calculated hourly flow rate through each
meter set in excess of two percent (2%) of the correct flow rate (whether
positive or negative and using the correct flow rate as the percent error
equation denominator), then any previous recording of such equipment shall be
corrected to zero error in computing deliveries for any period during which the
error existed (and which is either known definitely or agreed to by both
Parties) and the total flow for the period predetermined in accordance with the
provisions of Section 11.12 below. If the period of error cannot be
determined or agreed upon between the Parties, such correction shall be made
over a period extending over the last one-half (1/2) of the time elapsed since
the date of the latest test, not exceeding a correction period of six
(6) months.


 


(c)       If, during any test of
the measuring equipment, an adjustment or calibration error is found which
results in an incremental adjustment to the calculated hourly flow rate which
does not exceed two percent (2%) of the adjusted flow rate (as described in
part (b) of this Section), all prior recording shall be considered to be
accurate for quantity determination purposes.


 


(d)      All equipment shall, in any case, be adjusted at the time of the test to record
correctly.


 


Section 11.11  Special Test.  In the event Customer desires a
special test (a test not scheduled by Gatherer under the provisions of
Section 11.10 above) of any measuring equipment seventy-two (72) hours advance
notice, in writing, shall be given to Gatherer and both Parties shall cooperate
to secure a prompt test of the accuracy of such equipment. If the measuring
equipment tested is found to fall under the provisions of
Section 11.10(c) above or if an inspection of the primary measurement
equipment indicates no problems, Gatherer shall have the right to bill Customer
for the cost of such special test, including the cost of any labor, gathering
and other costs pertaining to such special test, and Customer shall pay such
costs.


 


Section 11.12  Measuring Adjustment.  If, for any reason, any measurement
equipment is (i) out of adjustment, (ii) out of service, or
(iii) out of repair and the total calculated hourly flow rate through each
meter set is found to be in error by an amount of the magnitude described in
Section 11.10(b) above, the total quantity of Gas delivered shall be
determined by Gatherer in accordance with the first of the following methods
which is, in Gatherer’s sole and reasonable opinion, feasible:


 


(a)       by using the
registration of any mutually agreeable check metering facility, if installed
and accurately registering (subject to testing as described in
Section 11.10 above);


 


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Interconnect Agreement
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(b)      where parallel multiple
meter sets exist, by calculation using the registration of such parallel meter
sets; provided that they are measuring Gas from upstream and downstream headers
in common with the faulty metering equipment, are not controlled by separate
regulators, and are accurately registering;


 


(c)       by correcting the error
by re-reading of the official charts, or by straightforward application of a
correction factor to the quantities recorded for the period (if the net
percentage of error is ascertainable by calibration, tests or mathematical
calculation); or


 


(d)      by estimating the
quantity, based upon deliveries made during periods of similar conditions when
the meter was registering accurately.


 


The estimated readings or
deliveries so determined shall be used in determining the quantities of Gas
delivered for any known or agreed upon applicable period. In case the period is
not known or agreed upon, such estimated deliveries shall be used in
determining the quantities of Gas delivered hereunder during the latter half of
the period from the date of the immediately preceding test to the date the
measuring equipment has been adjusted to record accurately. The recordings of
the measuring equipment during the first half of said period shall be
considered accurate in computing deliveries.


 


Section 11.13  Measurement Corrections.  If an error is discovered in the measured
quantities, such error shall be adjusted within thirty (30) calendar days of
the determination thereof; provided, however, that any claim for adjustment
shall be made within twenty-four (24) months of the delivery month in which the
claimed error occurred. Such time limits shall not apply in the case of a
deliberate act of omission or misrepresentation, or mutual mistake of fact.


 


Section 11.14  Termination.  If
Gatherer determines based on reasonable evidence that Customer has tampered
with the measurement equipment so as to misrepresent the actual volume of Gas
delivered through any Interconnect, Gatherer has the right to immediately
shut-in such Interconnect for an indefinite period of time and may terminate
this and any other agreement(s) with Customer (in each case) with respect
to such Interconnect.


 


Section 11.15  Data and Records Retention.  Gatherer and Customer shall retain and
preserve for a period of at least two (2) years all measurement data,
charts, and other similar records.


 


Section 11.16  Volume and Quality Determination.  The
measurement of the quantity and quality of all Gas received and delivered
hereunder shall be conducted in accordance with the following:


 


(a)       Unit of Volume. 
The unit of volume for measurement shall be one (1) cubic foot of Gas. Such
measured volumes, converted to Mcf, shall be multiplied by their Gross Heating
Value per cubic foot and divided by 1,000 to determine MMBtus received and
delivered hereunder.


 


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Interconnect Agreement
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(b)      Orifice Meter Volume
Computations.  Computations of Gas
Volumes from measurement data shall be made in accordance with ANSI/AP12530
(AGA Report No. 3), Orifice Metering of Natural Gas and Other Related
Hydrocarbon Fluids, Second Edition, dated September 1985, and any
subsequent amendments or revisions.


 


(c)       Positive Displacement
Meter Volume Computation.  Computation
of Gas Volumes from data shall be in accordance with the AGA Measurement
Committee Report No. 6 (AGA Report 6), dated January 1971, and any
subsequent amendments or revisions.


 


(d)      Turbine Meter Volume
Computations.  Computations of Gas
Volumes from data shall be in accordance with AGA Measurement Committee Report
No. 7 (AGA Report 7), First Revisions, dated November 1984, and any
subsequent amendments or revisions.


 


(e)       Electronic Devices
and Flow Computers Volume Computations.  Computation of Gas Volumes from data or
devices shall be in accordance with AGA Measurement Committee Report Nos. 3, 5,
6, and 7, and any subsequent amendments or revisions.


 


(f)       Assumed Atmospheric
Pressure.  An assumed atmospheric
pressure of fourteen and seventy-three hundredths (14.73) Psia for the
respective Interconnect shall be utilized for measurement and calculation
purposes, irrespective of any variation of the actual atmospheric pressure from
the assumed atmospheric pressure.


 


(g)        Gross Heating Value.
 At least yearly, the Gross Heating Value
of the Gas stream at each of the Interconnects hereunder shall be determined by
using a Cutler-Hammer or other standard type calorimeter or by calculating the
Gross Heating Value from an in-line chromatograph or a gas analysis of a spot
or continuous Gas sample. The spot or continuous sample shall be taken-at a
suitable point on the facilities to be representative of the Gas being
analyzed. Customer has the right to request the determination of the Gross
Heating Value of the Gas stream at each Custody Transfer Point in accordance
with the above methodology.


 


(h)        Other Tests.  Other tests to determine water content,
sulfur, and other impurities in the Gas shall be conducted by Gatherer as
necessary and shall be conducted in accordance with standard industry testing
procedures.


 


(i)         New Test Methods.
 If at any time during the term hereof a
new method or technique is developed with respect to gas measurement, such new
method or technique may be substituted for the method set forth in this
Article when such methods or techniques are in accordance with the
currently accepted standards of the American Gas Association, if mutually
agreed upon by the Parties.


 


Section 11.17  Right of Inspections.  Gatherer or Customer shall have the
right to inspect equipment installed or furnished by the other or third party
operators and the charts and other measurement or testing data of all such
parties at all times during business hours; but the


 


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Interconnect
Agreement Number E- ______________


 


reading, calibration and
adjustment of such equipment and changing of charts shall be done by Gatherer,
unless agreed to otherwise by the Parties. Gatherer and Customer shall preserve
all original test data, charts and other similar records in such Party’s
possession for a period of twenty-four (24) months.


 


Section 11.18   Low Volumes for Receipt Points.


 


(a)        In the event that
Customer does not deliver
an average of three (3) Mcf of Gas per day for any ninety (90) consecutive
days at any Custody Transfer Point, then Gatherer may, at its sole and
reasonable discretion, terminate this Agreement as it relates to the
Interconnect associated with such Custody Transfer Point by giving Customer
notice in writing sixty (60) calendar days prior to the effective date of
termination unless:


 


(i)        Customer agrees to reimburse Gatherer for
Gatherer’s expenses associated with the operation or maintenance of such
Interconnect, or


 


(ii)        Customer agrees to assume responsibility for
the operation and maintenance of and measurement at the Interconnect, subject
to the provisions of a Gas Measurement and Operation Agreement between Customer
and Gatherer, and subject to compliance with the provisions of this Agreement
regarding measurement.


 


(b)        In the event that the amount of Gas passing
through any Interconnect is less than the facility minimum design requirements
for accurate measurement, Gatherer has the right to shut-in such Gas from
Customer until (i) Customer has provided adequate Gas supply to meet such
design requirements and has proven to Gatherer that such volumes exist, and/or
(ii) the metering and related facilities have been redesigned and
installed for effectively and efficiently measuring the revised volumes within
the accuracy allowed and required by Gatherer.


 


(c)        Gatherer shall have the right to shut-in any
Interconnect upon sixty (60) calendar days advance written notice to Customer
if Customer has not flowed any Gas through such Interconnect during the
previous period of twelve (12) consecutive months. Furthermore, Gatherer has
the right to keep such Interconnect shut-in indefinitely, disconnect or remove
such Interconnect and/or terminate this Agreement with respect to such Interconnect.


 


ARTICLE
12

REGULATORY APPROVALS


 


Section 12.1        Initial Regulatory Filing
Requirements. Both Gatherer and Customer are responsible
for identifying and obtaining any Authorizations that may be required for
construction and operation of each Interconnect Facilities contemplated by this
Agreement.


 


Section 12.2        Change in Regulation Results in
Material Adverse Effect.  If any Governmental Authority, whether state,
federal or local, takes any action or issues any determination that directly or
indirectly results in a material adverse change to any provision of


 


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Interconnect Agreement
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this Agreement, then the
materially adversely affected Party (hereinafter “Affected Party”) may either:


 


(a)        continue
to fulfill its obligations under this Agreement as altered by the change in
regulation; or


 


(b)        shut-in
the affected Interconnect indefinitely and/or terminate this Agreement


 


ARTICLE
13

ASSIGNMENT


 


Section 13.1        Assignment of this Agreement.  This Agreement shall be binding
upon and inure to the benefit of the successors and assigns of the respective
Parties hereto, and the covenants, conditions, rights and obligations of this
Agreement shall run for the full term of this Agreement. Any person which shall
succeed by purchase of all or substantially all the properties of Customer or
Gatherer, as the case may be, shall be entitled to the rights and shall be
subject to the obligations of its predecessor in title under this Agreement,
subject to the restriction below. Either Party may, without relieving itself of
its obligations under this Agreement, assign any of its rights hereunder to an
Affiliate of such Party. Except to an Affiliate, neither Party shall assign
this Agreement or any of the rights or obligations hereunder without first
obtaining the consent thereto in writing from the other Party, which consent
shall not be unreasonably withheld, conditioned or delayed.


 


ARTICLE
14

NOTICE


 


Section 14.1        Notices.  All communications, invoices and
payments (“Notices”) required hereunder may be sent by facsimile, a nationally
recognized overnight courier service, hand-delivered or via first class mail.


 


	
  Gatherer:

  	
  Customer:

  
	
   

  	
   

  
	
  Nora Gathering, LLC

  225 North Shore Drive
 Pittsburgh, Pennsylvania 15212

  	
  Equitable Production
  Company

  225 North Shore Drive

  Pittsburgh, Pennsylvania 15212

  
	
   

  	
   

  
	
  Attention: Gas Management
  Services

  Phone: 412-395- 3228

  Facsimile: 412-395- 3311

  	
  Attention: Corporate
  Secretary

  Phone: (412)553-5700

  Facsimile: (412)553-7781

  



 


Section 14.2        Receipt of Communications.  Any notice required or permitted under this Agreement shall be in writing. Notice
shall be deemed to have been received (i) when transmitted by facsimile
(“FAX”) transmission, upon the sending Party’s receipt of its facsimile’s
confirmation thereof, (ii) when sent by overnight mail or courier, on the
next business day after it was sent or such earlier time as is confirmed by the
receiving Party, (iii) when


 


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Interconnect Agreement Number E-
______________


 


delivered by hand, at the
time it is delivered to an officer or to a
responsible employee of the receiving Party and (iv) when delivered via
First Class Mail, two (2) business days after mailing. Any FAX
communication shall be promptly confirmed by mail. Either Party may change its
address, telephone number, or FAX number at any time by promptly giving notice
of such change to the other Party. Either Party may prospectively modify any
notice information specified above by written notice to the other Party.


 


ARTICLE 15

MISCELLANEOUS


 


Section 15.1        Choice of Law.  This
Agreement and the legal relations between the Parties shall be governed by and construed in accordance with the laws of the
State of Virginia without regard to principles of conflicts of laws that would
direct the application of the laws of another jurisdiction. Each of the Parties
agrees that it shall bring any action or proceeding in respect of any claim
arising out of or related to this Agreement or the transactions contemplated
hereby exclusively in the Federal Court for the Western District of Virginia
(the “Chosen Court”) and, solely in connection with claims arising under this
Agreement or the transactions- contemplated hereby, (i) irrevocably
submits to the exclusive jurisdiction of the Chosen Court, (ii) waives any
objection to laying venue in any such action or proceeding in the Chosen Court,
and (iii) waives any objection that the Chosen Court is an inconvenient
forum or does not have jurisdiction over it. The foregoing consents to
jurisdiction shall not constitute general consents for any purpose except as
provided herein and shall not be deemed to confer rights on any person other
than the Parties.


 


Section 15.2        Construction of this Agreement.  No
presumption shall operate in favor of or against either Party as a result of
any responsibility either Party may have had for drafting this Agreement.


 


Section 15.3        Execution.  This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, and all of which together shall
constitute one and the same instrument. As used herein, the singular of any
term shall include the plural.


 


Section 15.4        Captions.  The article and
section captions of this Agreement are for purposes of reference only and shall
not affect the meaning of any provision of this Agreement.


 


Section 15.5        Amendments.  This Agreement
may only be amended or modified by written instrument signed by the duly
authorized representatives of Customer and Gatherer.


 


Section 15.6        Entire Agreement.  This
Agreement, the Appendixes attached hereto, together with that certain Purchase
and Sale Agreement, dated as of the date hereof (the “PSA”),  between Equitable Production Company, a
Pennsylvania corporation, and Pine Mountain Oil and Gas, Inc., a Virginia
corporation, the exhibits and schedules attached thereto and the documents to
be executed thereunder or in connection with a condition to the closing thereof
(the “Transaction Documents”), shall constitute the entire agreement among the
Parties and their Affiliates pertaining to the subject matter of the
Transaction Documents, and supersede all prior


 


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Interconnect Agreement
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agreements, understandings,
negotiations and discussions, whether oral or written, among the Parties and
their Affiliates regarding such subject matter. Each Appendix shall be executed
by duly authorized representatives of Gatherer and Customer to signify
acceptance of the terms and conditions set forth therein. Each duly executed
Appendix is hereby incorporated into and made a part of this Agreement. In the
event of a conflict between the terms of any Appendix and the terms of this
Agreement, the terms of the Appendix shall govern.


 


Section 15.7        Severability.  Upon a determination by a court of competent
jurisdiction that any term or other provision of this Agreement is invalid,
illegal or incapable of being enforced, then (i) all other conditions and
provisions of this Agreement shall nevertheless remain in full force and effect, (ii) the Parties shall negotiate
in good faith to modify this Agreement to give effect to the original economic
and legal intent of the Parties as closely as possible in an acceptable manner
to the end that the transactions contemplated by the Transaction Documents are
fulfilled to the extent possible, and (iii) if the Parties are unable to
agree on such modifications to this Agreement and the economic or legal
substance of the transactions contemplated by the Transaction Documents is
affected in any manner materially adverse to any of the Parties, then the
Transaction Documents shall be interpreted to give effect to the original
economic and legal intent of the Parties as closely as possible in an
acceptable manner to the end that the transactions contemplated by the
Transaction Documents are fulfilled to the extent possible.


 


Section 15.        Confidentiality.


 


(a)        “Confidential
Information” shall mean all confidential information that is furnished by any
Party (the “Disclosing Party”) to any other Party in connection with the
purposes of this Agreement (the “Receiving Party”), whether written or oral and
in whatever form or medium it is provided and shall specifically include
(i) this Agreement, and (ii) all data,
records, oral discussions and information exchanged between the Parties.


 


(b)        The
following information shall not be deemed to be Confidential Information and
the provisions of this Section 15.8 shall not apply to:
(i) information which is or becomes generally available to the public
other than as a result of a disclosure in violation of this Agreement;
(ii) information which becomes available to the Receiving Party on a
non-confidential basis from a source other than a Disclosing Party if such
Receiving Party had no reason to believe that such source was subject to any
prohibition against transmitting the information to such Receiving Party; and
(iii) information independently developed by the Receiving Party.


 


(c)        For
a period ending two (2) years after the expiration or termination of this Agreement,
each Receiving Party shall not disclose any Confidential Information to any other
person without the consent of the Disclosing Party, other than: (i) to an
actual or prospective financial advisor, lender, manager of an underwriting
syndicate, legal counsel, consultant, contractor or subcontractor, in each case
with a business need to be informed; (ii) to an actual or prospective
purchaser of all or any portion of the capital securities or assets of such
Party; (iii) to a Governmental Authority or a person to which the
Disclosing Party or its Affiliate is required by Applicable Law or the
applicable rules


 


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Interconnect Agreement
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of any stock exchange or
securities regulatory authority to disclose the Confidential Information; and
(iv) to a natural gas purchaser, natural gas supplier, natural gas
transporter, consultant, contractor, subcontractor or legal counsel, in each
case with a business need to be informed.


 


(d)        In
case of a disclosure of Confidential Information to a third person permitted by
this Section 15.8, the Receiving Party disclosing such information shall
ensure that such third person has signed an agreement in writing or is
otherwise bound by an obligation of confidentiality at least as restrictive as
those contained in this Agreement to protect the Confidential Information from
further disclosure to the same extent as the Parties are obligated under this
Section 15.8, except in the case of any such person which is prevented
from entering into such an agreement in accordance with Applicable Law or
disclosures permitted by Section 15.8(c)(iii).


 


(e)        If
a Party reasonably believes it or any of its representatives is required by Applicable
Law or the applicable rules of any stock exchange or securities regulatory
authority (whether requested by oral question, interrogatory, request for
information or documents, subpoena, civil investigative demand, similar law or
legal process or otherwise) to disclose any Confidential Information, such
Party shall promptly notify the other Parties of such requirement as soon as it
becomes aware that such disclosure is required.


 


(f)        The
Parties recognize and agree that if any of the provisions of this Section 15.8
are not performed in accordance with their specific terms or are otherwise
breached, immediate and irreparable harm or injury may be caused for which
money damages would not be an adequate remedy. Accordingly, each Party hereby
agrees that, in addition to other remedies, the Parties shall be entitled to
seek an injunction restraining any violation or threatened violation of the
provisions of this Section 15.8 or to seek specific performance or other
equitable relief to enforce the provisions of this Section 15.8.


 


Section 15.9        Audits.


 


(a)        Accounting Audits:  Each
of Gatherer and Customer shall have the right to audit the other Party’s
accounting records and other documents relating to such Party’s rights and
obligations under this Agreement during any period of time within the
immediately preceding twenty-four (24) month period. This provision shall
continue in full force and effect for a period of twenty-four (24) months from
the effective date of cancellation or termination of this Agreement.


 


(b)        Field Audits:  Customer
gives Gatherer permission to periodically come onto Customer’s property in
order to audit those facilities used to deliver/receive Gas hereunder.
Permission for ingress/egress includes personnel, vehicles, and other equipment
deemed necessary by Gatherer. Gatherer has permission to perform all operating
and maintenance functions associated with verifying the integrity and
functionality of equipment, piping, and appurtenances. If, in Gatherer’s
judgment,


 


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Interconnect Agreement
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modifications are necessary
in order to assure proper operation of the equipment, Gatherer has permission
to remove and/or replace pipe, fittings, and equipment at the Gatherer’s
discretion and at the expense of the Customer.


 


Section 15.10        Waiver.  Any waiver by either Party of
performance due by the other Party under the terms of this Agreement shall not
operate as a waiver of any or all of such Party’s rights with respect to all
prior or subsequent obligations of the other Party.


 


Section 15.11        No Third Party Beneficiary.  It is expressly understood that
there is no third party beneficiary to this Agreement, and that the provisions
of this Agreement do not create enforceable rights in anyone who is not a party
or a successor or assignee of a party hereto; provided, however, that Pine
Mountain Oil and Gas, Inc. shall be a third party beneficiary of
Customer’s rights hereunder.


 


[SIGNATURE
PAGE FOLLOWS]


 


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Interconnect Agreement
Number E- ______________


 


IN WITNESS WHEREOF, Gatherer
and Customer have duly executed this Agreement to be effective as of the day
and year first written above.


 


	
  NORA GATHERING, LLC

  	
  EQUITABLE PRODUCTION COMPANY

  
	
   

  	
   

  
	
   

  	
   

  
	
  Signature: 

  	
   

  	
   

  	
  Signature: 

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Name:

  	
   

  	
   

  	
  Name:

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Title:

  	
   

  	
   

  	
  Title:

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Date:

  	
   

  	
   

  	
  Date:

  	
   

  



 


 


Signature Page to Members Interconnect Agreement


 

















 


Interconnect Agreement
Number E- ______________


 


Appendix
A


 


Specifications


 


This Appendix A is a
part of the Interconnect Agreement (“Agreement”) made and entered into on the      day
of
                    ,
20    by and between                 
(“Customer”) with offices at, and Nora Gathering, LLC, a Delaware limited
liability company, with offices at 225 North Shore Drive, Pittsburgh,
Pennsylvania 15212 (“Gatherer”). This Appendix A, in conjunction with the
Agreement, provides for the establishment of a new point of interconnection on
Gatherer’s natural gas gathering lines at or near         ,
in           County,             .
As used in this Appendix, Gatherer and Customer are also referred to
individually as a “Party” and collectively as the “Parties”.


 


Section 1        Specifications.  Customer
and Gatherer , shall follow the “Minimum Engineering & Technical
Specifications for Interconnect Facilities” set forth in Appendix B in
designing and installing such Party’s proposed Interconnect Facilities. In
addition to the minimum design specification and operating parameters set forth
in Appendix B, the following specifications shall be followed:


 


(a)    Maximum Allowable Operating Pressure (“MAOP”).  Gatherer’s
MAOP at the point of delivery into line No.           is
currently
             psig.
Accordingly, all Interconnect Facilities shall be designed with a         psig
minimum design pressure and ANSI          rated
fittings.


 


(b)    Interconnect Location:


 


Section 2      Customer Interconnect Facilities.  The
Customer Interconnect Facilities shall be owned by and operated by Customer.


 


Section 3      Gatherer Interconnect Facilities.  The
Gatherer Interconnect Facilities shall be owned and operated by Gatherer.


 


Section 4        Construction and Installation Fee.  Customer
shall pay Gatherer a Construction and Installation Fee as set forth in this
Agreement.


 


A-1

















 


Interconnect Agreement
Number E- ______________


 


IN WITNESS WHEREOF, Gatherer
and Customer have duly executed this Appendix A, complete with any necessary
attachments and as noted above, on this     day of
               ,
20   .


 


	
  NORA GATHERING, LLC

  	
  <Customer>

  
	
   

  	
   

  
	
   

  	
   

  
	
  Signature: 

  	
   

  	
   

  	
  Signature: 

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Name:

  	
   

  	
   

  	
  Name:

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Title:

  	
   

  	
   

  	
  Title:

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Date:

  	
   

  	
   

  	
  Date:

  	
   

  



 


A-2

















 


Interconnect Agreement
Number E- ______________


 


Appendix
B


 


Minimum
Engineering & Technical Specifications

for Interconnect Facilities


 


ARTICLE 1
 DESIGN
OF INTERCONNECT FACILITIES


 


Section 1.1        General.  Customer shall
be responsible for all aspects of the design and construction of each Customer
Interconnect Facilities and Gatherer shall be responsible for all aspects of
the design and construction of each Gatherer Interconnect Facilities (including
the meter associated therewith), in each case, subject to the terms and
conditions of this Agreement.


 


Section 1.2        Materials.  All material
and equipment furnished for the Interconnect Facilities shall be new and shall
satisfy (i) the generally accepted industry standards and (ii) the
specifications set forth in Appendix A.


 


Section 1.3        Inlet Filter.  Filter/filter-separator
facilities installed upstream of the Custody Transfer Point must be considered
and based upon specific gas analysis.


 


Section 1.4        Freeze Prevention.  In
circumstances where heavier hydrocarbons and/or water vapor may be present
within the gas stream, Customer shall incorporate freeze protection measures
into the design of each Customer Interconnect Facilities. The method and design
of the freeze protection measures shall be submitted to the Gatherer for
approval and no construction shall commence until such time as Customer
receives written approval from Gatherer (which approval shall not be
unreasonably withheld, conditioned or delayed). If Customer’s freeze protection
measures involve the use of natural gas for fuel, then the tap for such fuel supply
line shall be made upstream of the Custody Transfer Point, if the Custody
Transfer Point is functioning as a receipt point into Gatherer’s natural gas
gathering lines, such that Customer bears the costs of the fuel. Freeze
protection measures which may be acceptable to Gatherer include the following:


 


(a)        Methanol Injection –
should be installed downstream of meters


 


(b)        Catalytic
heaters / heat trace - for regulator bodies


 


(c)        Indirect water bath
heaters – for large pressure cuts and large flow volumes


 


(d)        All Gas provided and delivered to Gatherer shall have a temperature of no
less than 45° F.


 


Section 1.5       Regulating and Overpressure Protection.  Gatherer
may require regulation and shall require over-pressure protection for receipt
points under this Agreement. Such regulation shall deliver pressures suitable
to pressures in Gatherer’s natural gas gathering


 


B-1
















 


Interconnect
Agreement Number E- _____________


 


lines. Gatherer shall
specify and/or approve the type of regulators to be used and shall specify,
pressure ranges, and operating settings.


 


(a)                A pressure-limiting device shall be required whenever
a pipeline system has the possibility of realizing pressures exceeding the MAOP
for Gatherer’s natural gas gathering lines.


 


(b)                Overpressure protection devices shall be set such
that pressures may not exceed the maximum allowable operating pressure for the
natural gas gathering lines into which Customer is delivering Gas.


 


(c)                Overpressure protection devices must be designed to
prevent a single incident from affecting the operation of the Interconnect
Facilities.


 


(d)                Monitor regulators, or control valves, when feasible,
should be used for overpressure protection.


 


(e)                Monitor regulators shall consist of a stand-alone
valve operating on a pneumatic signal taken directly from the pipeline.


 


(f)                The monitor regulator shall fail
open, unless specified otherwise by the Gatherer.


 


(g)                If pilot loaded valves are used, the pilots shall not
bleed when they are not operating. Pilot bleeds should be routed to downstream
piping.


 


Section 1.6              Control
Valves


 


(a)                Control valves shall be sized using the highest flow
rate compounded with the lowest delivery pressure.


 


(b)                All flow control valves should be installed to fail
in the open position or in the last set positions, as applicable.


 


(c)                Gatherer shall approve the type and brand of control
valve.


 


(d)                Downstream taps for pressure control valves shall be
noted on detail drawings, and shall also possess a pressure transducer for
stations designed with telemetry.


 


Section 1.7              Miscellaneous
Valves and Piping


 


(a)                Blowdown valves shall be installed to provide for
venting of all sections.


 


(b)                Meter header piping shall be sized for 1.5 times the
total combined area of the total meter sets


 


(c)                Isolation valves will be installed on either side of
regulators, meters, and control valves.


 


B-2

















 


Interconnect Agreement Number E-
_____________


 


(d)                Piping shall be Standard Weight unless approved
otherwise by Gatherer


 


Section 1.8              Emergency
Valve. The design and installation of the Customer Interconnect
Facilities shall include an emergency valve (ball valve preferred) located at
least twenty-five (25) lineal feet (point to point) but not to exceed fifty
(50) lineal feet from the applicable Custody Transfer Point. The emergency
valve shall be readily accessible, easily operated, and sufficiently marked for
quick identification.


 


Section 1.9              Gatherer
tie-in and tap sizing. Gatherer shall provide for the sizing and actual
installation of tap for tie-in of each Interconnect to Gatherer natural gas
gathering lines. Customer shall provide data necessary for the sizing of the
tap.


 


Section 1.10            Gas Chromatograph.
Auxiliary equipment may be required for measurement of Btu variations.
Gatherer’s gas control department shall have the final decision as to the type
of Gas analysis required which decision shall be made on a reasonable and
prompt basis. An on-line chromatograph, designed for the specific type of Gas
and Gas content applicable to an Interconnect shall be typically required. When
approved, in writing by Gatherer, a continuous sampler shall be required as an
alternative to the on-line chromatograph.


 


Section 1.11            Dehydration.
Gas received by Gatherer at each Interconnect shall contain a maximum water
content of no more than seven (7) pounds per MMcf of Gas. Customer shall
consider the need for dehydration if water content exceeding this amount could
be realized. Gatherer has final approval on the type of dehydration proposed by
Customer. Gatherer has the right to discontinue and/or terminate any Agreement
with respect to any Interconnect where the water content of Gas delivered
exceeds this specified limit.


 


Section 1.12            Dew Point Tester.
When deemed necessary by Gatherer in its reasonable judgment, Customer shall
incorporate an on-line dew point tester as part of the applicable Customer
Interconnect Facilities. The unit shall be set such that any Gas volumes
detecting water content levels in excess of contractual specifications shall
result in the automated closure of an in-line valve thereby preventing further
delivery of Gas into system. Valve shall remain closed until an acceptable
water moisture content of the Gas can be provided.


 


Section 1.13            Corrosion Coupon Tap.
When specified by Gatherer in its reasonable judgment, Customer shall provide
for an in-line valve tap for installing corrosion coupons with respect to the
applicable Customer Interconnect Facilities.


 


Section 1.14            Check Valve.
All Interconnects shall be installed with a check valve of some type so as to
assure Gas flow in the direction required.


 


ARTICLE 2
 INSTALLATION,
TESTING, and INSPECTION


 


Section 2.1              Testing


 


(a)                All facilities shall be tested by Gatherer in
accordance with specifications provided by Gatherer to Customer from
time-to-time. Gatherer shall specify


 


B-3

















 


Interconnect Agreement Number E-
_____________


 


minimum test pressure and
test duration. Tests shall be conducted by Gatherer using a recording chart of
which Gatherer shall receive original or a clear copy of the original test
chart.


 


(b)                Gatherer shall not activate the applicable
Interconnect until appropriate testing has been completed in Gatherer’s
reasonable judgment.


 


Section 2.2              Inspection


 


(a)                Gatherer reserves the right to inspect all Customer
Interconnect Facilities during installation. 


 


(b)                Prior to startup of construction, three
(3) calendar days notice shall be provided to Gatherer


 


(c)                All girth welds must be 100% radiographically
inspected and approved.


 


(d)                Customer shall be responsible for all expenses,
including inspection by Gatherer, relative to construction inspections of all
Customer Interconnect Facilities.


 


B-4

















 


EXHIBIT
I


 


OPERATING
MEMBER COST REIMBURSEMENT


 


I.
DEFINITIONS


 


Capitalized terms used
herein, but not otherwise defined in this Exhibit shall have the meanings
assigned to such terms in the Agreement to which this Exhibit is attached.


 


“Company
Operations”  shall
mean all operations necessary or proper to own, construct, maintain, manage and
operate the Gathering System and to engage in the business of gathering,
compressing, transporting and delivering natural gas and all other necessary
and appropriate activities incidental to the foregoing.


 


“Controllable
Material”  shall
mean Material which at the time is so classified in the Material Classification
Manual as most recently recommended by the Council of Petroleum Accountants
Societies.


 


“First
Level Supervisors”  shall
mean those employees whose primary function is the direct supervision of other
employees and/or contract labor directly employed on the Company Operations in
a field operating capacity.


 


“Material”  shall mean personal property, equipment or
supplies acquired or held for use for the benefit of the Company.


 


“Personal
Expenses”  shall
mean travel and other reasonable reimbursable expenses of the Operating
Member’s employees.


 


“Technical
Employees”  shall
mean those employees having special and specific engineering or other
professional skills, and whose primary function in the Company Operations is
the handling of specific operating conditions and problems for the benefit of
the Company.


 


II.
DIRECT CHARGES


 


The Company shall reimburse
the Operating Member for the following items:


 


1.          Ecological and
Environmental


 


Costs incurred for the
benefit of the Company as a result of governmental or regulatory requirements
to satisfy environmental considerations applicable to the Company. Such costs
may include surveys of an ecological or archaeological nature and pollution
control procedures as required by applicable laws and regulations.


 


2.          Labor


 


A.         (1)              Salaries and wages of the
Operating Member’s field employees employed in the conduct of Company
Operations.


 


(2)             Salaries of First Level Supervisors.


 


(3)             Salaries and wages of Technical Employees employed in
the conduct of Company Operations if such charges are excluded from the
overhead rates.


 


(4)         Salaries and wages of Technical
Employees either temporarily or permanently assigned to and directly employed
in the conduct of Company Operations if such charges are excluded from the
overhead rates.


 


B.          The Operating Member’s cost of holiday, vacation, sickness
and disability benefits and other customary allowances paid to employees whose
salaries and wages are chargeable to the Company under Paragraph 2A of this Section II.
Such costs under this Paragraph 2B may be charged on a “when and as paid basis”
or by “percentage


 


1

















 


assessment”
on the amount of salaries and wages chargeable to the Company under Paragraph
2A of this Section II. If percentage assessment is used, the rate shall be
based on the Operating Member’s cost experience.


 


C.            Expenditures or contributions made pursuant to
assessments imposed by Governmental Authority which are applicable to the
Operating Member’s costs chargeable to the Company under Paragraphs 2A and 2B
of this Section II.


 


D.            Personal Expenses of those employees whose salaries and
wages are chargeable to the Company under Paragraph 2A of this Section II.


 


3.             Employee Benefits


 


The Operating Member’s
current costs of established plans for employees’ group life insurance,
hospitalization, pension, retirement, stock purchase, thrift, bonus, and other
benefit plans of a like nature, applicable to the Operating Member’s labor cost
chargeable to the Company under Paragraphs 2A and 2B of this Section II
shall be the Operating Member’s actual cost.


 


4.             Material


 


Material purchased or
furnished by the Operating Member for use in the conduct of Company Operations.


 


5.             Transportation


 


Transportation of employees
and Material necessary for the Company Operations.


 


6.             Services


 


The
cost  of contract services, equipment and utilities
provided by outside sources, except services excluded by Paragraph 1.A, 1.B,
and 1.C, of Section III. The cost of professional consultant services and
contract services of technical personnel directly engaged in the conduct of
Company Operations if such charges are excluded from the overhead rates. The
cost of professional consultant services or contract services of technical
personnel not directly engaged in the conduct of Company Operations shall not
be charged to the Company unless previously approved by the Management
Committee.


 


7.             Equipment and Facilities Furnished By the Operating
Member


 


A.            Reimbursement for use of equipment and facilities owned by the Operating Member
at rates commensurate with costs of ownership and operation. Such rates shall
include costs of maintenance, repairs, other operating expense, insurance,
taxes, depreciation, and interest on gross investment less accumulated
depreciation not to exceed the Operating Member’s customary rates.


 


B.            In lieu of charges in paragraph 7A above, the Operating Member may elect to
use average commercial rates prevailing in the immediate area of the Gathering
System less 20%. For automotive equipment, the Operating Member may elect to
use rates published by the Petroleum Motor Transport Association.


 


8.             Damages and Losses to Gathering System


 


All costs or expenses
necessary for the repair or replacement of Gathering System made necessary
because of damages or losses incurred by fire, flood, storm, theft, accident,
or other cause, except those resulting from the Operating Member’s gross negligence or willful
misconduct. The Operating Member shall furnish the Management Committee written
notice of damages or losses incurred as soon as practicable after a report
thereof has been received by the Operating Member.


 


2

















 


9.             Legal Expense


 


Expense of handling,
investigating and settling litigation or claims, discharging of liens, payment
of judgments and amounts paid for settlement of claims incurred in or resulting
from operations under the agreement or necessary to protect or recover property
used in the conduct of Company Operations. All Operating Member internal legal
staff expense is considered to be covered by the overhead provisions of
Section III.


 


10.          Taxes


 


All taxes of every kind and
nature assessed or levied upon or in connection with Company Operations, and
which taxes have been paid by the Operating Member for the benefit of the
Company.


 


11.          Insurance


 


Net premiums paid for insurance required to be
carried for the Company Operations for the protection of the Company, the
Members or the Operating Member. In the event Company Operations are conducted
in a state in which the Operating Member may act as self-insurer for Worker’s
Compensation and/or Employers Liability under the respective state’s laws, the
Operating Member may, at its election, include the risk under its
self-insurance program and in that event, the Operating Member shall include a
charge at the Operating Member’s cost not to exceed manual rates.


 


12.          Abandonment and Reclamation


 


Costs incurred for
abandonment of any part of the Gathering System, including costs required by
governmental or other regulatory authority.


 


13.          Communications


 


Cost of acquiring, leasing,
installing, operating, repairing and maintaining communication systems,
including radio and microwave facilities directly serving the Gathering System.
In the event communication facilities/systems
serving the Gathering System are the Operating Member owned, charges to the Company shall be made as provided in Paragraph 7 of this
Section II.


 


14.          Other Expenditures


 


Any other expenditure not
covered or dealt with in the foregoing provisions of this Section II, or
in Section III and which is of direct benefit to the Company and is
incurred by the Operating Member in the necessary and proper conduct of the
Company Operations.


 


15.          Rentals


 


Rental, easement, right of
way and similar expenses paid by Operating Member for Company Operations.


 


III. OVERHEAD


 


1.             Overhead - Gathering Operations


 


A.            As compensation for administrative, supervision, office
services and warehousing costs, the Operating Member shall be reimbursed for a
gathering operations fee on a percentage basis in accordance with
Section III Paragraph 2.


 


Unless otherwise approved by
the Management Committee, such charge shall be in lieu of costs and expenses of
all offices and salaries or wages plus applicable burdens and expenses of all
personnel, except those directly chargeable under Section II Paragraph 2A.
The cost and expense of services from outside sources in connection with
matters of taxation, traffic, accounting or matters before or involving
governmental agencies shall


 


3

















 


be
considered as included in the overhead rates provided for in Paragraph 2 of
this Section III unless such cost and expense are approved by the
Management Committee as a direct charge to the Company.


 


B.            The salaries, wages and Personal Expenses of Technical
Employees and/or costs of professional consultant services and contract
services of technical personnel either temporarily or permanently assigned to
and directly employed in the conduct of Company Operations shall not be covered
by the overhead rates.


 


2.             Overhead - Percentage Basis


 


The Operating Member shall be
reimbursed by the Company for all selling, general and administrative costs
incurred by the Operating Member in connection with its acting as the Operating
Member. The selling, general and administrative cost incurred by the Operating
Member shall be determined by allocating a portion of the total selling,
general and administrative cost incurred by the Operating Member and charged to
the Company. The allocation will be based on the Company’s throughput as a
percentage of total Operating Member throughput. Additionally, a corporate
overhead charge of $0.03 per Dth received will be paid by the Company to the
Operating Member.


 


3.             Catastrophe Overhead


 


To compensate the Operating
Member for overhead costs incurred in the event of expenditures resulting from
a single occurrence due to oil spill, blowout, explosion, fire, storm,
hurricane, or other catastrophes as approved by the Management Committee, which
are necessary to restore the Gathering System to the equivalent condition that
existed prior to the event causing the expenditures, the Operating Member shall
charge the Company actual costs incurred by the Operating Member related to the
event.


 


IV.     PRICING
OF COMPANY MATERIAL PURCHASES, TRANSFERS AND DISPOSITIONS BY

OPERATING MEMBER


 


The Operating Member is
responsible for Company Material and shall make proper and timely charges and
credits for all Material movements affecting the Company Operations. Operating
Member shall provide all Material for use on Company Operations; however, at
Operating Member’s option, such Material may be supplied by the Operating
Member. The Operating Member shall make timely disposition of idle and/or
surplus Material, such disposal being made either through sale to any Member,
division in kind, or sale to outsiders. The Operating Member may purchase, but
shall be under no obligation to purchase, interest of the Members in surplus
condition A or B Material. The disposal of surplus Controllable Material not
purchased by the Operating Member shall be approved by the Management
Committee.


 


1.             Purchases


 


Material purchased shall be
charged at the actual price paid by the Operating Member after deduction of all
discounts received. In case of Material found to be defective or returned to
vendor for any reason, credit shall be passed to the Company when adjustment
has been received by the Operating Member.


 


2.             Transfers and Dispositions


 


Material furnished to the
Company and Material transferred from the Company or disposed of by the
Operating Member, unless otherwise approved by the Management Committee, shall
be priced on the following basis exclusive of cash discounts:


 


A.            New Material – Defined as Material that has never been
used / installed and which carries a complete manufacturer’s warranty
(Condition A). New Material will be priced at the actual price-in-effect at the
time of delivery as paid by the Operating Member to its distributor (s) or
original equipment manufacturer, plus the cost of transportation of the
Material to the site.


 


4

















 


B.          Good Used Material – Defined as Material that has been
previously installed for use, and may have some warranty remaining or may have
an expired warranty. This Material is in sound and serviceable condition and
suitable for reuse without reconditioning (Condition B). Good Used Material
will be priced as follows:


 


(1)             Material moved to Company Operations


 


At seventy-five percent (75%)
of current new price, as determined by Paragraph A.


 


(2)             Material used on and moved from Company Operations


 


(a)                             At seventy-five percent (75%) of current new
price, as determined by Paragraph A, if Material was originally charged to the
Company as New Material or


 


(b)                            At sixty-five percent (65%) of current new
price, as determined by Paragraph A, if Material was originally charged to the
Company as used Material.


 


(3)             Material not used on and moved from Company Operations


 


At seventy-five percent (75%)
of current new price as determined by Paragraph A.


 


The cost of reconditioning,
if any, shall be absorbed by the transferring property.


 


C.                               Other Used Material


 


(1)             Condition C


 


Material which is not in
sound and serviceable condition and not suitable for its original function
until after reconditioning shall be priced at fifty percent (50%) of current
new price as determined by Paragraph A. The cost of reconditioning shall be
charged to the receiving property, provided Condition C value plus cost of
reconditioning does not exceed Condition B value.


 


(2)             Condition D


 


Material, excluding junk, no
longer suitable for its original purpose, but usable for some other purpose
shall be priced on a market basis commensurate with its use. The Operating
Member may dispose of Condition D Material under procedures normally used by
the Operating Member without prior approval of the Management Committee.


 


(a)                             Casing, tubing, or drill pipe used as line
pipe shall be priced as Grade A and B seamless line pipe of comparable size and
weight. Used casing, tubing or drill pipe utilized as line pipe shall be priced
at used line pipe market prices.


 


(b)                            Casing, tubing or drill pipe used as higher
pressure service lines than standard line pipe, e.g. power oil lines, shall be
priced under normal market pricing procedures for casing, tubing, or drill
pipe. Upset tubular goods shall be priced on a non-upset basis.


 


(3)             Condition E


 


Junk shall be priced at
prevailing market prices. The Operating Member may dispose of Condition E
Material under scrap / surplus procedures normally utilized by the Operating
Member without prior approval of the Management Committee.


 


5

















 


D.            Obsolete Material


 


Material which is serviceable
and usable for its original function but condition and/or value of such
Material is not equivalent to that which would justify a price as provided
above may be specially priced as approved by the Management Committee. Such
price should result in the Company being charged with the value of the service
rendered by such Material.


 


3.             Premium Prices


 


Whenever Material is not
readily obtainable because of force majeure (i.e. — Acts of God, national
emergencies, strikes or other unusual causes) over which the Operating Member
has no control, the Operating Member may charge the Company for the required
Material at the Operating Member’s actual cost incurred in providing such
Material, in making it suitable for use, and in moving it to the Company
Operations; provided notice in writing is furnished to the Management Committee
of the proposed charge prior to billing the Members for such Material. Each of
the Members shall have the right, by so electing and notifying the Operating
Member within ten days after receiving notice from the Operating Member, to
furnish in kind all or part of his share of such Material suitable for use and
acceptable to the Operating Member.


 


4.      Warranty
of Material Furnished By the Operating Member


 


The Operating Member does not
warrant the Material furnished. In case of defective Material, credit shall not
be passed to the Company until adjustment has been received by the Operating
Member from the manufacturers or their agents.


 


6
















 


EXHIBIT D


 


FORM OF ASSIGNMENT OF EASEMENT AGREEMENT


 


[Attached behind this page.]


 

















 


EASEMENT AGREEMENT


 


BETWEEN


 


PINE MOUNTAIN OIL AND GAS, INC.


 


AS GRANTOR,


 


AND


 


NORA GATHERING, LLC


 


AS GRANTEE,


 


Dated as of
                        ,
2007


 

















 


TABLE OF CONTENTS


 


	
   

  	
   

  	
   

  	
  Page

  
	
   

  	
   

  
	
  ARTICLE 1 GRANT OF
  EASEMENT

  	
  1

  
	
   

  	
  Section 1.1

  	
  Grant

  	
  2

  
	
   

  	
  Section 1.2

  	
  Conditions

  	
  3

  
	
   

  	
  Section 1.3

  	
  Exceptions and
  Reservations

  	
  4

  
	
   

  	
  Section 1.4

  	
  Covenant

  	
  4

  
	
   

  	
  Section 1.5

  	
  No Warranty

  	
  4

  
	
   

  	
  Section 1.6

  	
  Notice Obligations

  	
  4

  
	
   

  	
   

  	
   

  	
   

  
	
  ARTICLE 2 MISCELLANEOUS

  	
  4

  
	
   

  	
  Section 2.1

  	
  Governing Law

  	
  4

  
	
   

  	
  Section 2.2

  	
  Notices

  	
  5

  
	
   

  	
  Section 2.3

  	
  Assignment

  	
  5

  
	
   

  	
  Section 2.4

  	
  Entire Agreement

  	
  5

  
	
   

  	
  Section 2.5

  	
  Severability

  	
  6

  
	
   

  	
  Section 2.6

  	
  Amendments and Waivers

  	
  6

  
	
   

  	
  Section 2.7

  	
  Counterparts

  	
  6

  
	
   

  	
  Section 2.8

  	
  Further Assurances

  	
  6

  
	
   

  	
  Section 2.9

  	
  Recorded Counterparts

  	
  7

  



 

















 


EASEMENT AGREEMENT


 


This Easement
Agreement (this “Agreement”), dated as of
                          ,
2007, is by and between Pine Mountain Oil and Gas, Inc., a Virginia corporation
(“Grantor”) and Nora Gathering, LLC, a Delaware limited liability
company (“Grantee”). Grantor and Grantee are sometimes referred to
herein, collectively, as the “Parties” and, individually, as a “Party.”


 


RECITALS


 


WHEREAS, Grantor
is the owner of certain mineral interests including oil, gas, gasoline, coaled
methane, hydrocarbons and their constituent elements and all rights and
privileges appurtenant thereto pertaining to the exploration, production and
transportation thereof including but not limited to oil and gas wells, pipelines,
easements and rights of way for access and for constructing, laying, using and
maintaining oil and gas pipelines and surface facilities necessary or
convenient for the exploration, production and transportation of oil and gas,
including coaled methane, over, under, across, through and beyond the surface
real estate located on the acreage identified below located in the Counties of
Buchanan, Dickenson, Russell, and Wise in the Commonwealth of Virginia, thereby
making all other estates in said acreage servient to the oil, gas and coalbed
methane gas estate, which interests were acquired by Grantor in the conveyances
described on Schedule “A” attached hereto (the “Pine Mountain Deeds”);


 


WHEREAS, Grantor
(as assignee to an undivided interest of the lessee’s interest) and Equitable
Production Company, a Pennsylvania corporation (“EPC”), are parties to
that certain Lease Agreement (the “Lease”), dated as of the date hereof,
between Grantor, as lessor, and EPC, which grants certain exclusive and
nonexclusive rights to the lessee thereunder on the Leased Acreage (as such
term is defined in the Lease) and on the Easement Premises (as such term is
defined below); and


 


WHEREAS, Grantor
desires to grant, and Grantee desires to accept, an easement as further
described herein on the terms and conditions hereinafter set forth.


 


NOW, THEREFORE, in
consideration of the premises and of the mutual promises, representations,
warranties, covenants, conditions and agreements contained herein, and for
other valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:


 


ARTICLE 1


GRANT OF EASEMENT


 


Section 1.1           Grant.  Grantor
does hereby grant and convey to Grantee the following rights and easements
(collectively, the “Easement”), subject to all the conditions,
reservations and limitations elsewhere herein:


 


(a) The
nonexclusive rights of way and easements from time to time to construct,
operate, inspect, maintain, repair, replace, alter, improve and remove
pipelines and all


 


1

















 


appurtenances (including,
without limitation, piping, drips, valves, fittings, taps and side valves,
regulators, meters, pumps, compressor stations, station piping, corrosion
control equipment, pipeline markers and other related equipment) now or
hereafter thereto or thereon (hereinafter referred to as the “Pipeline
Facilities”) to the extent the same may be useful or necessary for the
transportation of oil (including without limitation natural crude oil or petroleum
and other hydrocarbons, regardless of gravity, which are produced at the well
in liquid form by ordinary production methods), gas (including without
limitation all natural gas whether hydrocarbon or non-hydrocarbon or any
combination or mixture thereof, including hydrocarbons, hydrogen sulfide,
helium, carbon dioxide, nitrogen, hydrogen and casing head gas and coalbed
methane gas, including without limitation coal seam gas, coalbed gas, methane gas, gob gas,
occluded gas and other naturally occurring gases in or associated with any coal
seam and gas originated or produced from any coal seam), gasoline, and other
associated hydrocarbons and their constituent elements (the “Hydrocarbons”)
produced from the area described on Schedule “E” attached hereto (the “AMI”)
or, if commingled with such Hydrocarbons produced from the AMI, produced from
any other area in the State of Kentucky or Commonwealth of Virginia (“Off-AMI
Hydrocarbons”), in each case through such Pipeline Facilities on, over,
across, under and through the land described in Schedule “B” attached hereto
(hereinafter referred to as the “Easement Premises”); provided, however,
that the requirement that Off-AMI Hydrocarbons be commingled with Hydrocarbons produced from the AMI shall not
apply to those portions of the Pipeline Facilities that consist of the Nora-T
Pipeline described on Schedule G hereto (the “Nora-T Pipeline”); and


 


(b) The
nonexclusive right of ingress and egress over and across the Easement Premises
to construct, operate, inspect, maintain, repair, replace, alter, improve and
remove the Pipeline Facilities as provided herein insofar as such ingress and
egress does not unreasonably interfere with the operations of Grantor and the
rights of lessee(s) under the Lease or others in and to the Easement Premises
or the rights of abutting property owners. Grantee shall have the right to
maintain the Pipeline Facilities below or above ground.


 


Section 1.2           Conditions.  The
Easement is granted and accepted for the following purposes and upon and
subject to the following conditions:


 


(a) Grantor
reserves the right to fully use and enjoy the Easement Premises in any manner;
provided that any such use and enjoyment shall not unreasonably prevent or
interfere with the Easement or the exercise by Grantee of its rights hereunder.


 


(b) During
operation, construction, inspection, maintenance, repair, replacement,
alteration, improvement or removal of the Pipeline Facilities by Grantee within
the Easement Premises, Grantee shall comply in all material respects with all
applicable federal, state and local laws and regulations. In emergency
situations for the protection of life or property, each Party may access the
Easement Premises as needed without prior approval of the other Party, but
notification to the oilier Party’s designated representative shall be made as
soon as practical for safety and insurance purposes.


 


2

















 


(c) Grantee
shall pay all damages which it may cause to fences, pipelines, roadways, machinery,
equipment, structures or otherwise on the Easement Premises, by reason of its
operating, maintaining, repairing, replacing, altering, improving or removing
the Pipeline Facilities.


 


(d) Grantee
agrees to indemnify, hold harmless and defend Grantor and the lessee(s) under
the Lease, their subsidiaries, affiliates, successors and assigns other than
Grantee (and their respective directors, officers, employees, agents and
representatives) from and against any and all claims, causes of action,
liability, loss, damage or expense of every kind and nature, including, but not
limited to, claims based on theories of strict liability, and including, but
not limited to, reasonable legal, investigation and expert fees, expenses and
reasonable related charges, insofar as related to any operations or activities
of Grantee after the date hereof on the Easement Premises or the enjoyment or
exercise by Grantee of any rights granted or reserved herein, including, but
not limited to, the construction, operation, inspection, maintenance, repair,
replacement, alteration, improvement, removal, use or existence of the
pipelines and facilities on the Easement Premises, save and except such portion
or part of the same that are proximately caused by negligence, gross negligence,
willful misconduct, or breach of the covenants and agreements hereunder by
Grantor (or its directors, officers, employees, agents or representatives).


 


(e) With
respect to each pipeline covered hereby, Grantee’s Easement shall be
twenty-five (25) feet on either side of each such pipeline and such additional
area as may be necessary for maintenance and repairs in proximity to the
Pipeline Facilities.


 


(f) This Easement is expressly subject to and conditioned
upon all documents of record affecting the Easement Premises and binding upon
Grantor.


 


(g) The
rights granted to Grantee
under Section l.1(a) to construct and place additional Pipeline Facilities
over, across, under and through the Easement Premises shall terminate effective
as of the date of the termination of the Lease (the “Termination Date”);
provided, however, that this Section 1.2(g) shall not affect any of Grantee’s
rights or obligations hereunder with respect to those Pipeline Facilities
existing upon the Easement Premises as of such Termination Date.


 


Section 1.3           Exceptions and Reservations.  There
is expressly RESERVED and EXCEPTED herefrom:


 


(a) All those
rights and interests reserved by the grantors in the Pine Mountain Deeds.


 


(b) The
mineral and other interests in
those lands covered by the agreements and conveyances listed on Schedule
“C” attached hereto.


 


(c) Those
leases identified on Schedule “D” attached hereto.


 


3
















 


Section 1.4           Covenant.  The
Parties acknowledge that the Pipeline Facilities are being constructed and used
for the transportation of certain gas and other Hydrocarbons of Grantor and/or
the lessee(s) under the Lease and their respective subsidiaries, affiliates,
successors and assigns in accordance with the priorities set forth in Section 2.12
of that certain Amended and Restated Limited Liability Company Agreement of
even date herewith among Equitable Gathering Equity, LLC, Grantor and Grantee,
as the same may be amended from time to time.


 


Section 1.5           No Warranty.  NOTWITHSTANDING
ANY OTHER PROVISIONS OF THIS AGREEMENT, GRANTOR MAKES NO WARRANTY, EXPRESS OR
IMPLIED, AND GRANTOR HEREBY DISCLAIMS ANY SUCH WARRANTIES, EXPRESS, IMPLIED OR
STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, CONDITION,
MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, OR THE PHYSICAL AND ENVIRONMENTAL
CONDITION OF THE EASEMENT PREMISES.


 


Section 1.6           Notice Obligations.  In
connection with Grantee’s exercise of its nonexclusive rights hereunder, to the
extent that Grantor is required to do so under the Pine Mountain Deeds and/or
the instruments described in Schedule “F” attached hereto (the “Coal Deeds”),
Grantee shall give the other estate owners on the Easement Premises notice
regarding the location and construction of Pipeline Facilities consistent with
the obligations of Grantor under the Pine Mountain Deeds and/or the Coal Deeds.
Grantee shall promptly provide a copy of any such notice to Grantor. If either
Grantor or Grantee receives notice from any other party to the Pine Mountain
Deeds and/or the Coal Deeds in connection with or relating to the Pipeline
Facilities, such receiving party shall promptly provide a copy of such notice
to the other party. If any such notice received by either party requires any
approval or consent relating to the Pipeline Facilities, then Grantor shall
retain the rights to respond to such request for approval or consent. Grantor
shall promptly provide to Grantee a copy of any response by Grantor to such
request for approval or consent.


 


ARTICLE 2

MISCELLANEOUS


 


Section 2.1           Governing
Law.  This Agreement and the legal relations between
the Parties shall be governed by and construed in accordance with the laws of
the Commonwealth of Virginia without regard to principles of conflicts of laws
that would direct the application of the laws of another jurisdiction. Each of
the Parties agrees that it shall bring any action or proceeding in respect of
any claim arising out of or related to this Agreement or the transactions
contemplated hereby exclusively in the Federal Court for the Western District
of Virginia (the “Chosen Court”) and, solely in connection with claims
arising under this Agreement or the transactions contemplated hereby, (i) irrevocably
submits to the exclusive jurisdiction of the Chosen Court, (ii) waives any
objection to laying venue in any such action or proceeding in the Chosen Court,
and (iii) waives any objection that the chosen Court is an inconvenient
forum or does not have jurisdiction over it. The foregoing consents to
jurisdiction and service of process shall not constitute general consents to
service of process for any purpose except as provided herein and shall not be
deemed to confer rights on any person or entity other than the Parties.


 


4

















 


Section 2.2           Notices.  All
notices, requests, demands, directions and other communications hereunder shall
be in writing and shall be given by one Party to the other Party by personal delivery,
recognized courier service or facsimile communication addressed as set forth
below or to such other address, individual or facsimile telephone number as may
be designated by notice given by one Party to the other Party.


 


	
   

  	
  If
  to Grantor:

  	
  225 North Shore Drive

  
	
   

  	
   

  	
  Pittsburgh, Pennsylvania 15212

  
	
   

  	
   

  	
  Attention: Corporate Secretary

  
	
   

  	
   

  	
  Telephone: (412)553-5700

  
	
   

  	
   

  	
  Telecopy: (412)553-7781

  
	
   

  	
   

  	
   

  
	
   

  	
  If
  to Grantee:

  	
  777 Main Street, Suite 800

  
	
   

  	
   

  	
  Fort Worth, Texas 76102

  
	
   

  	
   

  	
  Attention: Chad Stephens

  
	
   

  	
   

  	
  Telephone: (810) 817-1929

  
	
   

  	
   

  	
  Telecopy: (810) 817-1990

  
	
   

  	
   

  	
   

  
	
   

  	
  With
  a copy to:

  	
  125 State Route 43

  
	
   

  	
   

  	
  P.O. Box 550

  
	
   

  	
   

  	
  Hartville, OH 44632

  
	
   

  	
   

  	
  Attention: Jeffery A. Bynum

  
	
   

  	
   

  	
  Telephone: (330) 877-6747

  
	
   

  	
   

  	
  Telecopy: (330) 877-1629

  



 


Any notice, request,
demand, direction or other communication given by personal delivery or
recognized courier service shall be conclusively deemed to have been given on
the day of actual delivery thereof and, if given by facsimile communication, on
the day of transmittal thereof if given during the normal business hours of the
recipient and on the next day during which such normal business hours occur if
not given during such hours on any day; provided, however, that such delivery
shall be effective only upon a confirmation (including automatically-generated
confirmations) of receipt thereof. The Party giving any notice, request,
demand, direction or other communication by facsimile communication shall send
the original by personal delivery or recognized courier service following such
facsimile communication.


 


Section 2.3           Assignment.  Grantor
may assign, otherwise transfer or delegate to others all or any part of this
Agreement without prior approval of Grantee. Grantee may not assign, otherwise
transfer or delegate to others all or any part of this Agreement without prior
written approval of Grantor, which approval shall not be unreasonably withheld.
Any assignment, transfer or delegation by Grantee in contravention of this Section 2.3
shall be null and void. Subject to the foregoing, this Agreement shall be
binding upon and inure to the benefit of the Parties hereto and their
respective successors and assigns.


 


Section 2.4           Entire Agreement.  This
Agreement and the Schedules attached hereto, together with the Purchase
Agreement, the exhibits and schedules attached thereto and


 


5

















 


the documents to be
executed thereunder or in connection with a condition to the closing thereof
(the “Transaction Documents”), shall constitute the entire agreement
between the Parties pertaining to the subject matter of the Transaction
Documents, and supersede all prior agreements, understandings, negotiations and
discussions, whether oral or written, between the Parties regarding such
subject matter.


 


Section 2.5           Severability.  Upon
a determination by a court of competent jurisdiction that any term or other
provision of this Agreement is invalid, illegal or incapable of being enforced,
then (i) all other conditions and provisions of this Agreement shall
nevertheless remain in full force and effect, (ii) the Parties shall
negotiate in good faith to modify this Agreement to give effect to the original
economic and legal intent of the Parties as closely as possible in an
acceptable manner to the end that the transactions contemplated by the
Transaction Documents are fulfilled to the extent possible, and (iii) if
the Parties are unable to agree on such modifications to this Agreement and the
economic or legal substance of the transactions contemplated by the Transaction
Documents is affected in any manner materially adverse to a Party, then the
Transaction Documents shall be interpreted to give effect to the original
economic and legal intent of the Parties as closely as possible in an
acceptable manner to the end that the transactions contemplated by the
Transaction Documents are fulfilled to the extent possible.


 


Section 2.6           Amendments and Waivers.  No
amendment, supplement, waiver or termination of this Agreement shall be binding
unless executed in writing by each Party. No waiver of any of the provisions of
this Agreement shall be deemed or shall constitute a waiver of any other
provisions (whether or not similar) nor shall such waiver constitute a
continuing waiver unless otherwise expressly provided.


 


Section 2.7           Counterparts.  This
Agreement may be executed in one or more counterparts, including facsimile
counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same instrument.


 


Section 2.8           Further Assurances.  Each
Party agrees to take such further actions and to execute, acknowledge and
deliver all such further documents as are reasonably requested by the other
Party for carrying out the purposes of this Agreement. It is understood and
agreed by the Parties that to the extent a consent, approval and/or waiver is
required for the conveyance of a particular right, title or interest under the
express terms of a lease, deed, easement, grant, license, permit, agreement,
contract, license or other instrument relating to the Easement, then this
Agreement shall not be deemed to have conveyed said right, title or interest to
Grantee, if an actual or attempted assignment thereof would constitute a breach
thereof or default thereunder resulting in termination thereof, until such
required consent, approval and/or waiver is obtained. The Parties shall
cooperate in obtaining any such required consents, approvals and/or waivers,
and for any pending period, the Parties shall cooperate in any reasonable,
permitted arrangement to provide Grantee with all, or the equivalent of all, of
the benefits and privileges associated with said right, title or interest.


 


6

















 


Section 2.9           Recorded Counterparts.  A
counterpart original of this Agreement or an appropriate memorandum hereof
shall be filed for record in the Counties of Buchanan, Dickenson, Wise and
Russell, Virginia.


 


[SIGNATURE PAGE FOLLOWS]


 


7

















 


IN WITNESS
WHEREOF, this Agreement has been signed by each of the Parties as of the date
first above written.


 


	
   

  	
   

  	
  GRANTEE:

  	
  Nora Gathering, LLC

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  By:

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  Name:

  
	
   

  	
   

  	
   

  	
  Title:

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
  GRANTOR

  	
  Pine Mountain Oil and
  Gas, Inc.

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  By: 

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  Name: 

  
	
   

  	
   

  	
   

  	
  Title: 

  



 


 


SCHEDULES
ATTACHED HERETO:


 




	
  Schedule “A”

  	
  Pine Mountain Deeds

  
	
  Schedule “B”

  	
  Easement Premises

  
	
  Schedule “C”

  	
  Agreements and Conveyances With Respect to Excepted
  Interests

  
	
  Schedule “D”

  	
  Leases

  
	
  Schedule “E”

  	
  AMI

  
	
  Schedule “F”

  	
  Coal Deeds

  
	
  Schedule “G”

  	
  Nora-T Pipeline

  






 


SIGNATURE PAGE TO EASEMENT AGREEMENT


 

















 




	
  STATE
  OF PENNSYLVANIA

  	
  §

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  §

  	
   

  
	
   

  	
   

  	
   

  
	
  COUNTY
  OF
                     

  	
  §

  	
   

  






 


Subscribed, sworn
to and acknowledged before me on this
         day of
                    ,
2007, by                       ,
to me personally known, who, being by me duly sworn, did say that he is
                      
of Nora Gathering, LLC, and that said instrument was signed on behalf of said
corporation.


 


Given under my
hand and seal this          day of
                          ,
2007.


 




	
  My Commission
  Expires:
                          

  	
   

  
	
   

  	
  Notary Public, State of Pennsylvania

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  Name (Typed or Printed)

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  Notary’s Identification Number

  






 


 




	
  STATE
  OF PENNSYLVANIA

  	
  §

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  §

  	
   

  
	
   

  	
   

  	
   

  
	
  COUNTY
  OF             

  	
  §

  	
   

  






 


Subscribed, sworn
to and acknowledged before me on this
        day of
                            ,
by                     ,
to me personally known, who, being by me duly sworn, did say that he is
                          
of Pine Mountain Oil and Gas, Inc., and that said instrument was signed on
behalf of said corporation.


 


Given under my
hand and seal this           
day of
                            ,
2007.


 




	
  My Commission
  Expires:                     

  	
   

  
	
   

  	
  Notary Public, State of Pennsylvania

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  Name (Typed or Printed)

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  Notary’s Identification Number

  






 


ACKNOWLEDGEMENT PAGE TO  EASEMENT AGREEMENT


 

















 


SCHEDULE “A”


Attached to and made a part of that
certain Easement Agreement by and between Pine Mountain Oil and Gas, Inc.,
as Grantor, and Nora Gathering, LLC, as Grantee.


 


Pine Mountain Deeds


 


	
  1

  	
  Deed and Assignment dated April 1, 1986 by and
  between THE PITTSTON COMPANY and PINE MOUNTAIN OIL AND GAS, INC. of record in
  the Clerk’s Office of the Circuit Court of Buchanan County, Virginia in Deed
  Book 320 Page 703.

  
	
   

  	
   

  
	
  2

  	
  Deed and Assignment dated April 1, 1986 by and
  between THE PITTSTON COMPANY and PINE MOUNTAIN OIL AND GAS, INC. of record in
  the Clerk’s Office of the Circuit Court of Dickenson County, Virginia in Deed
  Book 235 Page 92.

  
	
   

  	
   

  
	
  3

  	
  Deed and Assignment dated April 1, 1986 by and
  between THE PITTSTON COMPANY and PINE MOUNTAIN OIL AND GAS, INC. of record in
  the Clerk’s Office of the Circuit Court of Russell County, Virginia in Deed
  Book 341 Page 269.

  
	
   

  	
   

  
	
  4

  	
  Deed and Assignment dated April 1, 1986 by and
  between THE PITTSTON COMPANY and PINE MOUNTAIN OIL AND GAS, INC. of record in
  the Clerk’s Office of the Circuit Court of Wise County, Virginia in Deed Book
  624 Page 429.

  
	
   

  	
   

  
	
  5

  	
  Deed dated July 15, 2003 by and between PYXIS
  RESOURCES COMPANY and PINE MOUNTAIN OIL AND GAS., INC. of record in the Clerk’s
  Office of the Circuit Court of Buchanan County, Virginia in Deed Book 574
  Page 672.

  
	
   

  	
   

  
	
  6

  	
  Quitclaim Deed dated July 15, 2003 by and
  between PYXIS RESOURCES COMPANY, PARAMONT COAL CORPORATION, MOTIVATION COAL
  COMPANY AND CLINCHFIELD COAL COMPANY AND PINE MOUNTAIN OIL AND GAS, INC. of
  record in the Clerk’s Office of the Circuit Court of Buchanan County Virginia
  in Deed Book 574 Page 669.

  
	
   

  	
   

  
	
  7

  	
  Quitclaim Deed dated July 15, 2003 by and
  between PYXIS RESOURCES COMPANY, PARAMONT COAL CORPORATION, MOTIVATION COAL
  COMPANY AND CLINCHFIELD COAL COMPANY AND PINE MOUNTAIN OIL AND GAS, INC. of
  record in the Clerk’s Office of the Circuit Court of Dickenson County
  Virginia in Deed Book 390 Page 92.

  
	
   

  	
   

  
	
  8

  	
  Quitclaim Deed dated July 15, 2003 by and
  between PYXIS RESOURCES COMPANY, PARAMONT COAL CORPORATION, MOTIVATION COAL
  COMPANY AND CLINCHFIELD COAL COMPANY AND PINE MOUNTAIN OIL AND GAS, INC. of
  record in the Clerk’s Office of the Circuit Court of Russell County Virginia
  in Deed Book 589 Page 673.

  
	
   

  	
   

  
	
  9

  	
  Quitclaim Deed dated July 15, 2003 by and
  between PYXIS RESOURCES COMPANY, PARAMONT COAL CORPORATION, MOTIVATION COAL
  COMPANY AND CLINCHFIELD COAL COMPANY AND PINE MOUNTAIN OIL AND GAS, INC. of
  record in the Clerk’s Office of the Circuit Court of Wise County Virginia as
  Instrument No. 200303852.

  



 


End of Schedule “A”


 


1
















 


Schedule
“B”


 


Attached
to and made a part of that certain Easement Agreement by and between Pine Mountain Oil and Gas, Inc.,
as

Grantor, and Nora Gathering, LLC, as Grantee.


 


Easement
Premises


 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T 1

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  204.14

  	
   

  	
  Ervinton

  	
   

  	
  Ayers & Aston

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 2

  	
   

  	
  Horace Hardaway

  	
   

  	
  2/20/1915

  	
   

  	
  9.99

  	
   

  	
  Ervinton

  	
   

  	
  William Adkins

  	
   

  	
  Dickenson

  	
   

  	
  36

  	
   

  	
  8

  	
   

  
	
   

  	
  T 3

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  45.80

  	
   

  	
  Ervinton

  	
   

  	
  John Adkins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 4

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  72.00

  	
   

  	
  Ervinton

  	
   

  	
  John Adkins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 5

  	
   

  	
  Marion Amburgey

  	
   

  	
  12/20/1915

  	
   

  	
  34.98

  	
   

  	
  Ervinton

  	
   

  	
  Marion Amburgey

  	
   

  	
  Dickenson

  	
   

  	
  36

  	
   

  	
  358

  	
   

  
	
   

  	
  T 6

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  74.17

  	
   

  	
  Ervinton

  	
   

  	
  Alcy Blair

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 7

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  280.00

  	
   

  	
  Ervinton

  	
   

  	
  G. M. Blair

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 8

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  336.00

  	
   

  	
  Ervinton

  	
   

  	
  J. W. Ball

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 9

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  206.00

  	
   

  	
  Ervinton

  	
   

  	
  T. J. Ball

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 10

  	
   

  	
  A. Breeding Heirs

  	
   

  	
  3/29/1926

  	
   

  	
  15.05

  	
   

  	
  Ervinton

  	
   

  	
  A. Breeding (W. P. Smith)

  	
   

  	
  Dickenson

  	
   

  	
  55

  	
   

  	
  285

  	
   

  
	
   

  	
  T 11

  	
   

  	
  Pioneer Coal Corp.

  	
   

  	
  8/25/1949

  	
   

  	
  361.00

  	
   

  	
  Ervinton

  	
   

  	
  Jessee Bean

  	
   

  	
  Dickenson

  	
   

  	
  97

  	
   

  	
  193

  	
   

  
	
   

  	
  T 12

  	
   

  	
  Rosa Breeding & Husband

  	
   

  	
  5/20/1924

  	
   

  	
  4.35

  	
   

  	
  Ervinton

  	
   

  	
  Rosa Breeding

  	
   

  	
  Dickenson

  	
   

  	
  51

  	
   

  	
  516

  	
   

  
	
   

  	
  T 13

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  1206.73

  	
   

  	
  Ervinton

  	
   

  	
  Samuel Bise

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 14

  	
   

  	
  Virginia Iron Coal & Coke Co.

  	
   

  	
  5/1/1913

  	
   

  	
  105.89

  	
   

  	
  Ervinton

  	
   

  	
  M.A. Buchanan

  	
   

  	
  Dickenson

  	
   

  	
  36

  	
   

  	
  25

  	
   

  
	
   

  	
  T 15

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  338.36

  	
   

  	
  Ervinton

  	
   

  	
  W. L. Counts

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 16

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  427.66

  	
   

  	
  Ervinton

  	
   

  	
  W. L. Counts

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 17

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  571.14

  	
   

  	
  Ervinton

  	
   

  	
  David Colley

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 18

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  797.88

  	
   

  	
  Ervinton

  	
   

  	
  J. M. Colley

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 19

  	
   

  	
  James M. Colley

  	
   

  	
  6/7/1920

  	
   

  	
  50.00

  	
   

  	
  Ervinton

  	
   

  	
  J. M. Colley

  	
   

  	
  Dickenson

  	
   

  	
  45

  	
   

  	
  396

  	
   

  
	
   

  	
  T 20

  	
   

  	
  Charles Kinser

  	
   

  	
  11/7/1938

  	
   

  	
  75.81

  	
   

  	
  Ervinton

  	
   

  	
  L. M. Carico

  	
   

  	
  Dickenson

  	
   

  	
  72

  	
   

  	
  326

  	
   

  
	
   

  	
  T 21

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  101.74

  	
   

  	
  Ervinton

  	
   

  	
  Campbell-Carter

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 22

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  60.00

  	
   

  	
  Ervinton

  	
   

  	
  R. E. Chase

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 23

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  69.00

  	
   

  	
  Ervinton

  	
   

  	
  R. E. Chase

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 24

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  51.00

  	
   

  	
  Ervinton

  	
   

  	
  R. E. Chase

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 25

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  65.00

  	
   

  	
  Ervinton

  	
   

  	
  R. E. Chase

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  



 


1

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T 26

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  84.36

  	
   

  	
  Ervinton

  	
   

  	
  J. B. F. Counts

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 27

  	
   

  	
  Sandy Ridge Coal Co.

  	
   

  	
  11/11/1920

  	
   

  	
  15.98

  	
   

  	
  Ervinton

  	
   

  	
  Chafin, Wright & Turner

  	
   

  	
  Dickenson

  	
   

  	
  47

  	
   

  	
  229

  	
   

  
	
   

  	
  T 28

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  12/16/1935

  	
   

  	
  97.41

  	
   

  	
  Ervinton

  	
   

  	
  Nellie E. Carico

  	
   

  	
  Dickenson

  	
   

  	
  68

  	
   

  	
  501

  	
   

  
	
   

  	
  T 29

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  199.00

  	
   

  	
  Ervinton

  	
   

  	
  George Dyer

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 30

  	
   

  	
  W. M. Ritter Lumber Co.

  	
   

  	
  12/28/1923

  	
   

  	
  22.00

  	
   

  	
  Ervinton

  	
   

  	
  George Dyer

  	
   

  	
  Dickenson

  	
   

  	
  51

  	
   

  	
  322

  	
   

  
	
   

  	
  T 31

  	
   

  	
  Ellen W. Duryea

  	
   

  	
  1/10/1914

  	
   

  	
  45.00

  	
   

  	
  Ervinton

  	
   

  	
  E. W. Duryea (Jonathan Stanley)

  	
   

  	
  Dickenson

  	
   

  	
  33

  	
   

  	
  431

  	
   

  
	
   

  	
  T 32

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  184.21

  	
   

  	
  Ervinton

  	
   

  	
  N. M. Deel

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 33

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  39.45

  	
   

  	
  Ervinton

  	
   

  	
  N. M. Deel

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 34

  	
   

  	
  S. P. (Pat) Dingus & Wife

  	
   

  	
  2/15/1924

  	
   

  	
  6.38

  	
   

  	
  Ervinton

  	
   

  	
  S. P. (Pat) Dingus

  	
   

  	
  Dickenson

  	
   

  	
  52

  	
   

  	
  169

  	
   

  
	
   

  	
  T 35

  	
   

  	
  R. L. Dingus & Wife

  	
   

  	
  7/29/1922

  	
   

  	
  1.00

  	
   

  	
  Ervinton

  	
   

  	
  R. L. Dingus

  	
   

  	
  Dickenson

  	
   

  	
  48

  	
   

  	
  459

  	
   

  
	
   

  	
  T 36

  	
   

  	
  S. P. Dinqus, & Wife

  	
   

  	
  7/28/1929

  	
   

  	
  0.42

  	
   

  	
  Ervinton

  	
   

  	
  S. P. Dingus (GEO. ELAM)

  	
   

  	
  Dickenson

  	
   

  	
  60

  	
   

  	
  537

  	
   

  
	
   

  	
  T 37

  	
   

  	
  Sandy Ridge Coal Co.

  	
   

  	
  11/12/1920

  	
   

  	
  400.00

  	
   

  	
  Ervinton

  	
   

  	
  R. A. Dingus

  	
   

  	
  Dickenson

  	
   

  	
  47

  	
   

  	
  229

  	
   

  
	
   

  	
  T 38

  	
   

  	
  St. Paul National Bank

  	
   

  	
  8/26/1942

  	
   

  	
  16.00

  	
   

  	
  Ervinton

  	
   

  	
  R. W. Dickenson

  	
   

  	
  Dickenson

  	
   

  	
  79

  	
   

  	
  356

  	
   

  
	
   

  	
  T 39

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  1354.00

  	
   

  	
  Ervinton

  	
   

  	
  Simpson Dyer’s Heirs

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 40

  	
   

  	
  Holston Corporation

  	
   

  	
  9/10/1920

  	
   

  	
  77.06

  	
   

  	
  Ervinton

  	
   

  	
  R. W. Ervin

  	
   

  	
  Dickenson

  	
   

  	
  49

  	
   

  	
  446

  	
   

  
	
   

  	
  T 41

  	
   

  	
  Virginia Iron Coal & Cake Co.

  	
   

  	
  5/1/1913

  	
   

  	
  1.98

  	
   

  	
  Ervinton

  	
   

  	
  J. T. Edwards

  	
   

  	
  Dickenson

  	
   

  	
  36

  	
   

  	
  25

  	
   

  
	
   

  	
  T 42

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  122.12

  	
   

  	
  Ervinton

  	
   

  	
  D. L. French

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 43

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  22.00

  	
   

  	
  Ervinton

  	
   

  	
  Emaline French

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 44

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  47.79

  	
   

  	
  Ervinton

  	
   

  	
  D. L. French

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 45

  	
   

  	
  Sandy Ridge Coal Co.

  	
   

  	
  11/12/1920

  	
   

  	
  66.75

  	
   

  	
  Ervinton

  	
   

  	
  H. C. Grizzle

  	
   

  	
  Dickenson

  	
   

  	
  47

  	
   

  	
  229

  	
   

  
	
   

  	
  T 46

  	
   

  	
  Open Fork Lumber Co.

  	
   

  	
  12/8/1926

  	
   

  	
  8.71

  	
   

  	
  Ervinton

  	
   

  	
  G. T. Grizzle

  	
   

  	
  Dickenson

  	
   

  	
  56

  	
   

  	
  337-373

  	
   

  
	
   

  	
  T 47

  	
   

  	
  Dawson Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  666.33

  	
   

  	
  Ervinton

  	
   

  	
  W. T. Goodloe

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  195

  	
   

  
	
   

  	
  T 48

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  616.00

  	
   

  	
  Ervinton

  	
   

  	
  Wm. Green

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 49

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  280.00

  	
   

  	
  Ervinton

  	
   

  	
  Wm. Green

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 50

  	
   

  	
  Thursey C. Hamon

  	
   

  	
  8/26/1940

  	
   

  	
  4.30

  	
   

  	
  Ervinton

  	
   

  	
  Thursey C. Hamon

  	
   

  	
  Dickenson

  	
   

  	
  75

  	
   

  	
  472

  	
   

  



 


2

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T 51

  	
   

  	
  Open Fork Lumber Co.

  	
   

  	
  12/8/1926

  	
   

  	
  30.87

  	
   

  	
  Ervinton

  	
   

  	
  Sarah E. Hamon

  	
   

  	
  Dickenson

  	
   

  	
  56

  	
   

  	
  337

  	
   

  
	
   

  	
  T 52

  	
   

  	
  B. H. Hamon

  	
   

  	
  8/26/1940

  	
   

  	
  25.38

  	
   

  	
  Ervinton

  	
   

  	
  B. H. Hamon

  	
   

  	
  Dickenson

  	
   

  	
  75

  	
   

  	
  468

  	
   

  
	
   

  	
  T 53

  	
   

  	
  Open Fork Lumber Co.

  	
   

  	
  12/8/1926

  	
   

  	
  39.33

  	
   

  	
  Ervinton

  	
   

  	
  Margaret Hughes

  	
   

  	
  Dickenson

  	
   

  	
  56

  	
   

  	
  337

  	
   

  
	
   

  	
  T 54

  	
   

  	
  Open Fork Lumber Co.

  	
   

  	
  12/8/1926

  	
   

  	
  18.73

  	
   

  	
  Ervinton

  	
   

  	
  W. A. Holbrook

  	
   

  	
  Dickenson

  	
   

  	
  56

  	
   

  	
  337

  	
   

  
	
   

  	
  T 55

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  12/16/1935

  	
   

  	
  24.15

  	
   

  	
  Ervinton

  	
   

  	
  Mathias Hensley

  	
   

  	
  Dickenson

  	
   

  	
  68

  	
   

  	
  501

  	
   

  
	
   

  	
  T 56

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  9/4/1906

  	
   

  	
  96.47

  	
   

  	
  Ervinton

  	
   

  	
  A. W. Hale

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 57

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  49.60

  	
   

  	
  Ervinton

  	
   

  	
  J. P. Harmon

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 58

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  94.25

  	
   

  	
  Ervinton

  	
   

  	
  J. P. Harmon

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 59

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  85.88

  	
   

  	
  Ervinton

  	
   

  	
  J. P. Harmon

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 60

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  10/30/1906

  	
   

  	
  461.12

  	
   

  	
  Ervinton

  	
   

  	
  W. E. Harris

  	
   

  	
  Dickenson

  	
   

  	
  27

  	
   

  	
  186

  	
   

  
	
   

  	
  T 61

  	
   

  	
  G. H. Holbrook & Wife

  	
   

  	
  12/28/1921

  	
   

  	
  18.00

  	
   

  	
  Ervinton

  	
   

  	
  G. H. Holbrook

  	
   

  	
  Dickenson

  	
   

  	
  47

  	
   

  	
  545

  	
   

  
	
   

  	
  T 62

  	
   

  	
  G. H. Holbrook & Wife

  	
   

  	
  12/28/1921

  	
   

  	
  6.47

  	
   

  	
  Ervinton

  	
   

  	
  G. H. Holbrook

  	
   

  	
  Dickenson

  	
   

  	
  47

  	
   

  	
  545

  	
   

  
	
   

  	
  T 63

  	
   

  	
  Sandy Ridge Coal Co.

  	
   

  	
  11/12/1920

  	
   

  	
  103.00

  	
   

  	
  Ervinton

  	
   

  	
  Jno. W. Harmon

  	
   

  	
  Dickenson

  	
   

  	
  47

  	
   

  	
  229

  	
   

  
	
   

  	
  T 64

  	
   

  	
  Sandy Ridge Coal Co.

  	
   

  	
  11/12/1920

  	
   

  	
  135.00

  	
   

  	
  Ervinton

  	
   

  	
  Jno. W. Harmon

  	
   

  	
  Dickenson

  	
   

  	
  47

  	
   

  	
  229

  	
   

  
	
   

  	
  T 65

  	
   

  	
  Sandy Ridge Coal Co.

  	
   

  	
  11/12/1920

  	
   

  	
  37.50

  	
   

  	
  Ervinton

  	
   

  	
  Jas. W. Hay

  	
   

  	
  Dickenson

  	
   

  	
  47

  	
   

  	
  229

  	
   

  
	
   

  	
  T 66

  	
   

  	
  Virginia Iron Coal & Coke Co.

  	
   

  	
  5/1/1913

  	
   

  	
  31.22

  	
   

  	
  Ervinton

  	
   

  	
  Jas. W. Hay

  	
   

  	
  Dickenson

  	
   

  	
  36

  	
   

  	
  25

  	
   

  
	
   

  	
  T 67

  	
   

  	
  Sandy Ridge Coal Co.

  	
   

  	
  11/12/1920

  	
   

  	
  60.79

  	
   

  	
  Ervinton

  	
   

  	
  Jno. W. Hay

  	
   

  	
  Dickenson

  	
   

  	
  47

  	
   

  	
  229

  	
   

  
	
   

  	
  T 68

  	
   

  	
  Huston J. Kiser & Wife

  	
   

  	
  12/15/1923

  	
   

  	
  3.72

  	
   

  	
  Ervinton

  	
   

  	
  Huston Kiser

  	
   

  	
  Dickenson

  	
   

  	
  52

  	
   

  	
  61-62

  	
   

  
	
   

  	
  T 69

  	
   

  	
  M. A. Kiser & Wife

  	
   

  	
  4/10/1923

  	
   

  	
  6.07

  	
   

  	
  Ervinton

  	
   

  	
  M. A. Kiser

  	
   

  	
  Dickenson

  	
   

  	
  67

  	
   

  	
  395

  	
   

  
	
   

  	
  T 70

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  1488.00

  	
   

  	
  Ervinton

  	
   

  	
  J. M. Kiser

  	
   

  	
  Dickenson & Russel

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 71

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  70.00

  	
   

  	
  Ervinton

  	
   

  	
  Louvicy Kiser

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 72

  	
   

  	
  K. W. Crabtree & Wife

  	
   

  	
  5/11/1953

  	
   

  	
  31.95

  	
   

  	
  Ervinton

  	
   

  	
  W. & R. L. Deel

  	
   

  	
  Dickenson

  	
   

  	
  106

  	
   

  	
  114

  	
   

  
	
   

  	
  T 73

  	
   

  	
  H. Hardaway

  	
   

  	
  7/29/1912

  	
   

  	
  26.27

  	
   

  	
  Ervinton

  	
   

  	
  A. H. Kiser

  	
   

  	
  Dickenson

  	
   

  	
  35

  	
   

  	
  260

  	
   

  
	
   

  	
  T 74

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  539.53

  	
   

  	
  Ervinton

  	
   

  	
  E. M. Kiser

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 75

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  1372.48

  	
   

  	
  Ervinton

  	
   

  	
  Joseph Kelly

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 76

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  142.89

  	
   

  	
  Ervinton

  	
   

  	
  F. P. Kelly

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 77

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  150.00

  	
   

  	
  Ervinton

  	
   

  	
  Abednego
  Kiser

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 78

  	
   

  	
  Lewis Kiser

  	
   

  	
  7/5/1933

  	
   

  	
  22.50

  	
   

  	
  Ervinton

  	
   

  	
  J. P. Laforce

  	
   

  	
  Dickenson

  	
   

  	
  64

  	
   

  	
  558

  	
   

  
	
   

  	
  T 79

  	
   

  	
  J. M. & J. W. Harman, H. C. Robst

  	
   

  	
  11/8/1917

  	
   

  	
  22.50

  	
   

  	
  Ervinton

  	
   

  	
  J. P. Laforce

  	
   

  	
  Dickenson

  	
   

  	
  42

  	
   

  	
  445

  	
   

  



 


3

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T 80

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  95.30

  	
   

  	
  Ervinton

  	
   

  	
  H. W. Lambert

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 81

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  163.12

  	
   

  	
  Ervinton

  	
   

  	
  E. J. Long

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 82

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  394.56

  	
   

  	
  Ervinton

  	
   

  	
  Jessee Lee

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 83

  	
   

  	
  Dawson Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  40.73

  	
   

  	
  Ervinton

  	
   

  	
  G. O. Lee

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  195

  	
   

  
	
   

  	
  T 84

  	
   

  	
  Sandy Ridge Coal Co.

  	
   

  	
  11/12/1920

  	
   

  	
  37.94

  	
   

  	
  Ervinton

  	
   

  	
  A. H. Moore

  	
   

  	
  Dickenson

  	
   

  	
  47

  	
   

  	
  229

  	
   

  
	
   

  	
  T 85

  	
   

  	
  Sandy Ridge Coal Co.

  	
   

  	
  11/12/1920

  	
   

  	
  33.00

  	
   

  	
  Ervinton

  	
   

  	
  Sarah T. McCoy

  	
   

  	
  Dickenson

  	
   

  	
  47

  	
   

  	
  229

  	
   

  
	
   

  	
  T 86

  	
   

  	
  Sandy Ridge Coal Co.

  	
   

  	
  11/12/1920

  	
   

  	
  5.51

  	
   

  	
  Ervinton

  	
   

  	
  H. H. Minton

  	
   

  	
  Dickenson

  	
   

  	
  47

  	
   

  	
  229

  	
   

  
	
   

  	
  T 87

  	
   

  	
  Wiley McCoy

  	
   

  	
  1/2/1923

  	
   

  	
  21.34

  	
   

  	
  Ervinton

  	
   

  	
  Wiley McCoy

  	
   

  	
  Dickenson

  	
   

  	
  49

  	
   

  	
  320

  	
   

  
	
   

  	
  T 88

  	
   

  	
  James McCoy

  	
   

  	
  1/2/1923

  	
   

  	
  7.25

  	
   

  	
  Ervinton

  	
   

  	
  James McCoy

  	
   

  	
  Dickenson

  	
   

  	
  49

  	
   

  	
  319

  	
   

  
	
   

  	
  T 89

  	
   

  	
  Charles Kinser

  	
   

  	
  6/2/1937

  	
   

  	
  56.64

  	
   

  	
  Ervinton

  	
   

  	
  R. H. McCoy

  	
   

  	
  Dickenson

  	
   

  	
  69

  	
   

  	
  545

  	
   

  
	
   

  	
  T 90

  	
   

  	
  William McCoy’s Heirs

  	
   

  	
  1/2/1923

  	
   

  	
  16.98

  	
   

  	
  Ervinton

  	
   

  	
  William McCoy’s Heirs (correct copy)

  	
   

  	
  Dickenson

  	
   

  	
  49

  	
   

  	
  322

  	
   

  
	
   

  	
  T 91

  	
   

  	
  Open Fork Lumber Co.

  	
   

  	
  12/8/1926

  	
   

  	
  43.61

  	
   

  	
  Ervinton

  	
   

  	
  Lucy A. McReynolds

  	
   

  	
  Dickenson

  	
   

  	
  56

  	
   

  	
  337

  	
   

  
	
   

  	
  T 92

  	
   

  	
  A. J. McCoy

  	
   

  	
  3/28/1930

  	
   

  	
  19.80

  	
   

  	
  Ervinton

  	
   

  	
  A. J. McCoy

  	
   

  	
  Dickenson

  	
   

  	
  61

  	
   

  	
  220

  	
   

  
	
   

  	
  T 93

  	
   

  	
  Open Fork Lumber Co.

  	
   

  	
  12/8/1926

  	
   

  	
  71.27

  	
   

  	
  Ervinton

  	
   

  	
  John M. McCoy

  	
   

  	
  Dickenson

  	
   

  	
  56

  	
   

  	
  337

  	
   

  
	
   

  	
  T 94

  	
   

  	
  C. E. Meade Heirs

  	
   

  	
  8/20/1951

  	
   

  	
  23.26

  	
   

  	
  Ervinton

  	
   

  	
  Meade & Smith

  	
   

  	
  Dickenson

  	
   

  	
  103

  	
   

  	
  245

  	
   

  
	
   

  	
  T 95

  	
   

  	
  Sandy Ridge Coal Co.

  	
   

  	
  11/12/1920

  	
   

  	
  72.50

  	
   

  	
  Ervinton

  	
   

  	
  John F. McCoy

  	
   

  	
  Dickenson

  	
   

  	
  47

  	
   

  	
  229

  	
   

  
	
   

  	
  T 96

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  130.54

  	
   

  	
  Ervinton

  	
   

  	
  Marion McCoy

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 97

  	
   

  	
  Dawson Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  61.63

  	
   

  	
  Ervinton

  	
   

  	
  Joshua Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  195

  	
   

  
	
   

  	
  T 98

  	
   

  	
  Open Fork Lumber Co.

  	
   

  	
  12/8/1926

  	
   

  	
  2.02

  	
   

  	
  Ervinton

  	
   

  	
  B. F. Meece

  	
   

  	
  Dickenson

  	
   

  	
  56

  	
   

  	
  337-373

  	
   

  
	
   

  	
  T 99

  	
   

  	
  Open Fork Lumber Co.

  	
   

  	
  12/8/1926

  	
   

  	
  0.48

  	
   

  	
  Ervinton

  	
   

  	
  B. F. Meece

  	
   

  	
  Dickenson

  	
   

  	
  56

  	
   

  	
  337-373

  	
   

  
	
   

  	
  T 100

  	
   

  	
  Sandy Ridge Coal Co.

  	
   

  	
  11/12/1920

  	
   

  	
  5.15

  	
   

  	
  Ervinton

  	
   

  	
  B. F. Meece

  	
   

  	
  Dickenson

  	
   

  	
  47

  	
   

  	
  339

  	
   

  
	
   

  	
  T 101

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  951.73

  	
   

  	
  Ervinton

  	
   

  	
  Joshua Pressley

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 102

  	
   

  	
  Dawson Coal & Coke
  Co.

  	
   

  	
  6/4/1906

  	
   

  	
  122.00

  	
   

  	
  Ervinton

  	
   

  	
  W.W. Pressley

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  195

  	
   

  
	
   

  	
  T 103

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  60.24

  	
   

  	
  Ervinton

  	
   

  	
  John Page

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 104

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  76.96

  	
   

  	
  Ervinton

  	
   

  	
  R. J. Phillips

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 105

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  175.32

  	
   

  	
  Ervinton

  	
   

  	
  Laban Phillips

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 106

  	
   

  	
  Russell Powers & Wife

  	
   

  	
  8/2/1928

  	
   

  	
  20.27

  	
   

  	
  Ervinton

  	
   

  	
  Russell
  Powers

  	
   

  	
  Dickenson

  	
   

  	
  59

  	
   

  	
  2

  	
   

  



 


4

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T 107

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  30.00

  	
   

  	
  Ervinton

  	
   

  	
  C. C. Puckett

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 108

  	
   

  	
  A. R. Austin & Wife

  	
   

  	
  8/17/1920

  	
   

  	
  61.00

  	
   

  	
  Ervinton

  	
   

  	
  F. H. Parkis

  	
   

  	
  Dickenson

  	
   

  	
  45

  	
   

  	
  552

  	
   

  
	
   

  	
  T 109

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  200.00

  	
   

  	
  Ervinton

  	
   

  	
  Peter Reedy

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 110

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  310.55

  	
   

  	
  Ervinton

  	
   

  	
  Peter Reedy (Shoffner)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 111

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  143.34

  	
   

  	
  Ervinton

  	
   

  	
  W. J. Ring (W. A. Stanley)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 112

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  101.08

  	
   

  	
  Ervinton

  	
   

  	
  J. G. Keer (W. A. Stanley)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 113

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  58.00

  	
   

  	
  Ervinton

  	
   

  	
  J. T. Ramey (Shoffner)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 114

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  124.04

  	
   

  	
  Ervinton

  	
   

  	
  Linville Reedy

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 115

  	
   

  	
  J. T. Wilder

  	
   

  	
  5/18/1910

  	
   

  	
  1303.00

  	
   

  	
  Ervinton

  	
   

  	
  Rainwater Ramsey

  	
   

  	
  Dickenson

  	
   

  	
  31

  	
   

  	
  223

  	
   

  
	
   

  	
  T 116

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  614/1906

  	
   

  	
  710.00

  	
   

  	
  Ervinton

  	
   

  	
  Rainwater Ramsey (Bronson)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 117

  	
   

  	
  Sandy Ridge Coal Co.

  	
   

  	
  11/12/1920

  	
   

  	
  1321.75

  	
   

  	
  Ervinton

  	
   

  	
  John S. Rose

  	
   

  	
  Dickenson

  	
   

  	
  47

  	
   

  	
  229

  	
   

  
	
   

  	
  T 118

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  116.77

  	
   

  	
  Ervinton

  	
   

  	
  Sam W. Rose (Wilson Rose)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 119

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  150.00

  	
   

  	
  Ervinton

  	
   

  	
  Wilson Rose

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 120

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  29.00

  	
   

  	
  Ervinton

  	
   

  	
  Wilson Rose (Fee)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 121

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  1330.00

  	
   

  	
  Ervinton

  	
   

  	
  Wilson Rose

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 122

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  69.42

  	
   

  	
  Ervinton

  	
   

  	
  Robin Rose, Heirs

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 123

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  70.98

  	
   

  	
  Ervinton

  	
   

  	
  S. G. Rose

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 124

  	
   

  	
  H. Hardaway

  	
   

  	
  7/29/1912

  	
   

  	
  35.58

  	
   

  	
  Ervinton

  	
   

  	
  Jude Rasnake

  	
   

  	
  Dickenson

  	
   

  	
  35

  	
   

  	
  260

  	
   

  
	
   

  	
  T 125

  	
   

  	
  Lillian Rasnake &
  Husband

  	
   

  	
  8/8/1907

  	
   

  	
  67.04

  	
   

  	
  Ervinton

  	
   

  	
  Lillian Rasnake

  	
   

  	
  Dickenson

  	
   

  	
  38

  	
   

  	
  451

  	
   

  
	
   

  	
  T 126

  	
   

  	
  Open Fork Lumber Co.

  	
   

  	
  12/8/1926

  	
   

  	
  12.30

  	
   

  	
  Ervinton

  	
   

  	
  Phoebe
  Rasnick (Elijah)

  	
   

  	
  Dickenson

  	
   

  	
  56

  	
   

  	
  337-373

  	
   

  



 


5
















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T 127

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  262.25

  	
   

  	
  Ervinton

  	
   

  	
  S. H. Richardson

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 128

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  107.77

  	
   

  	
  Ervinton

  	
   

  	
  Rainwater Ramsey

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 129

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  641.00

  	
   

  	
  Ervinton

  	
   

  	
  Jasper Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 130

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  193.47

  	
   

  	
  Ervinton

  	
   

  	
  Larkin Stanley

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 131

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  312.02

  	
   

  	
  Ervinton

  	
   

  	
  Larkin Stanley

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 132

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  129.00

  	
   

  	
  Ervinton

  	
   

  	
  Levi Stanley

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 133

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  185.53

  	
   

  	
  Ervinton

  	
   

  	
  Jonathan Stanley

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 134

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  635.72

  	
   

  	
  Ervinton

  	
   

  	
  Lovell Stanley

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 135

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  64.44

  	
   

  	
  Ervinton

  	
   

  	
  Lovell Stanley

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 136

  	
   

  	
  Dawson Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  60.26

  	
   

  	
  Ervinton

  	
   

  	
  A. A. Skeen

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  1190

  	
   

  
	
   

  	
  T 140

  	
   

  	
  H. Hardaway

  	
   

  	
  1/25/1911

  	
   

  	
  31.77

  	
   

  	
  Ervinton

  	
   

  	
  C. C. Smith

  	
   

  	
  Dickenson

  	
   

  	
  48

  	
   

  	
  191

  	
   

  
	
   

  	
  T 141

  	
   

  	
  Flourney Smith & Wife

  	
   

  	
  11/30/1916

  	
   

  	
  29.00

  	
   

  	
  Ervinton

  	
   

  	
  H. D. Smith

  	
   

  	
  Dickenson

  	
   

  	
  39

  	
   

  	
  81

  	
   

  
	
   

  	
  T 144

  	
   

  	
  Dawson Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  79.01

  	
   

  	
  Ervinton

  	
   

  	
  D. E. Smith

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  195

  	
   

  
	
   

  	
  T 145

  	
   

  	
  Sandy Ridge Coal Co.

  	
   

  	
  11/12/1920

  	
   

  	
  789.42

  	
   

  	
  Ervinton

  	
   

  	
  David Smith

  	
   

  	
  Dickenson

  	
   

  	
  47

  	
   

  	
  229

  	
   

  
	
   

  	
  T 146

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  5/6/1915

  	
   

  	
  40.00

  	
   

  	
  Ervinton

  	
   

  	
  Elexious Smith

  	
   

  	
  Dickenson

  	
   

  	
  38

  	
   

  	
  75

  	
   

  
	
   

  	
  T 151

  	
   

  	
  Dawson Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  152.68

  	
   

  	
  Ervinton

  	
   

  	
  D. E. Smith

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  195

  	
   

  
	
   

  	
  T 152

  	
   

  	
  Dawson Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  113.42

  	
   

  	
  Ervinton

  	
   

  	
  James W. Smith

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  195

  	
   

  
	
   

  	
  T 153

  	
   

  	
  Dawson Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  6.52

  	
   

  	
  Ervinton

  	
   

  	
  D. E. Smith

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  195

  	
   

  
	
   

  	
  T 154

  	
   

  	
  Dawson Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  60.22

  	
   

  	
  Ervinton

  	
   

  	
  A. A. Skeen

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  195

  	
   

  
	
   

  	
  T 155

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  42.96

  	
   

  	
  Ervinton

  	
   

  	
  A. A. Skeen

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 156

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  218.00

  	
   

  	
  Ervinton

  	
   

  	
  Joseph Silcox

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 157

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  210.21

  	
   

  	
  Ervinton

  	
   

  	
  Joseph Silcox

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 158

  	
   

  	
  Sarah A. Sutherland & Husband

  	
   

  	
  6/25/1907

  	
   

  	
  30.00

  	
   

  	
  Ervinton

  	
   

  	
  Sarah A. Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  28

  	
   

  	
  364

  	
   

  
	
   

  	
  T 161

  	
   

  	
  Open Fork Lumber Co.

  	
   

  	
  12/8/1926

  	
   

  	
  2.04

  	
   

  	
  Ervinton

  	
   

  	
  Ida J. Smith

  	
   

  	
  Dickenson

  	
   

  	
  56

  	
   

  	
  337-373

  	
   

  
	
   

  	
  T 163

  	
   

  	
  Open Fork Lumber Co.

  	
   

  	
  12/8/1926

  	
   

  	
  10.83

  	
   

  	
  Ervinton

  	
   

  	
  M. T. Smith

  	
   

  	
  Dickenson

  	
   

  	
  56

  	
   

  	
  337-373

  	
   

  
	
   

  	
  T 166

  	
   

  	
  A. P. Skeen

  	
   

  	
  1/2/1923

  	
   

  	
  18.27

  	
   

  	
  Ervinton

  	
   

  	
  A. P. Skeen

  	
   

  	
  Dickenson

  	
   

  	
  49

  	
   

  	
  324

  	
   

  
	
   

  	
  T 167

  	
   

  	
  A. P. Skeen

  	
   

  	
  2/12/1942

  	
   

  	
  24.68

  	
   

  	
  Ervinton

  	
   

  	
  A. P. Skeen

  	
   

  	
  Dickenson

  	
   

  	
  78

  	
   

  	
  527

  	
   

  
	
   

  	
  T 168

  	
   

  	
  Charles Kinser

  	
   

  	
  6/2/1937

  	
   

  	
  24.68

  	
   

  	
  Ervinton

  	
   

  	
  Tennessee Skeen

  	
   

  	
  Dickenson

  	
   

  	
  69

  	
   

  	
  545

  	
   

  
	
   

  	
  T 169

  	
   

  	
  Morgan T. Smith

  	
   

  	
  8/20/1951

  	
   

  	
  23.25

  	
   

  	
  Ervinton

  	
   

  	
  Smith & Meade

  	
   

  	
  Dickenson

  	
   

  	
  103

  	
   

  	
  176

  	
   

  



 


6

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T 171

  	
   

  	
  Dawson Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  233.85

  	
   

  	
  Ervinton

  	
   

  	
  Jas. W. Smith et
  als (Goodloe)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  195

  	
   

  
	
   

  	
  T 172

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  110.00

  	
   

  	
  Ervinton

  	
   

  	
  Elexious Smith

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 173

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  228.00

  	
   

  	
  Ervinton

  	
   

  	
  Squire Smith

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 174

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  80.44

  	
   

  	
  Ervinton

  	
   

  	
  Squire Smith

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 175

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  119.47

  	
   

  	
  Ervinton

  	
   

  	
  Squire Smith

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 176

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  121.77

  	
   

  	
  Ervinton

  	
   

  	
  Noah Smith

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 177

  	
   

  	
  Dawson Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  154.07

  	
   

  	
  Ervinton

  	
   

  	
  J. F. Smith

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  195

  	
   

  
	
   

  	
  T 178

  	
   

  	
  Vadna Salyer

  	
   

  	
  5/7/1941

  	
   

  	
  29.44

  	
   

  	
  Ervinton

  	
   

  	
  Vadna Salyer

  	
   

  	
  Dickenson

  	
   

  	
  77

  	
   

  	
  432

  	
   

  
	
   

  	
  T 179

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  231.00

  	
   

  	
  Ervinton

  	
   

  	
  G. W. Smith

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 180

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  155.56

  	
   

  	
  Ervinton

  	
   

  	
  W. R. Stallard

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 181

  	
   

  	
  Dawson Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  83.45

  	
   

  	
  Ervinton

  	
   

  	
  F. P. Smith

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  195

  	
   

  
	
   

  	
  T 182

  	
   

  	
  Dawson Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  42.17

  	
   

  	
  Ervinton

  	
   

  	
  Elexious Smith

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  195

  	
   

  
	
   

  	
  T 183

  	
   

  	
  Dawson Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  53.19

  	
   

  	
  Ervinton

  	
   

  	
  D. W. V. Smith

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  195

  	
   

  
	
   

  	
  T 184

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  6.23

  	
   

  	
  Ervinton

  	
   

  	
  J. F. Smith

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 185

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  292.00

  	
   

  	
  Ervinton

  	
   

  	
  Elexious Smith

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 186

  	
   

  	
  Dawson Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  327.39

  	
   

  	
  Ervinton

  	
   

  	
  Noah A. Skeen

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  195

  	
   

  
	
   

  	
  T 187

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  57.41

  	
   

  	
  Ervinton

  	
   

  	
  G. W. Smith

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 188

  	
   

  	
  Dawson Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  83.64

  	
   

  	
  Ervinton

  	
   

  	
  M. A. Skeen

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  195

  	
   

  
	
   

  	
  T 189

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  152.06

  	
   

  	
  Ervinton

  	
   

  	
  W. W. Pressley-A. M. Phipps

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 190

  	
   

  	
  C. R. McCoy, spl. Comm.

  	
   

  	
  7/2/1930

  	
   

  	
  23.03

  	
   

  	
  Ervinton

  	
   

  	
  L. A. Turner

  	
   

  	
  Dickenson

  	
   

  	
  61

  	
   

  	
  382

  	
   

  
	
   

  	
  T 191

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  189.95

  	
   

  	
  Ervinton

  	
   

  	
  D. H. Vance

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 192

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  57.00

  	
   

  	
  Ervinton

  	
   

  	
  Floyd Viars

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 193

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  3215.00

  	
   

  	
  Ervinton

  	
   

  	
  Jessee Wampler

  	
   

  	
  Dickenson

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
   

  	
  T 194

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  77.14

  	
   

  	
  Ervinton

  	
   

  	
  W. R. Wampler

  	
   

  	
  Dickenson

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  TL 195

  	
   

  	
  W. H. P. Baker (Formerly M. R. Duffy)

  	
   

  	
  6/15/1952

  	
   

  	
  346.46

  	
   

  	
  Ervinton

  	
   

  	
  R. B. Bise

  	
   

  	
  Dickenson

  	
   

  	
  104

  	
   

  	
  529

  	
   

  



 


7

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  TL 196

  	
   

  	
  T. B. Bise

  	
   

  	
  6/30/1952

  	
   

  	
  130.00

  	
   

  	
  Ervinton

  	
   

  	
  Samuel Edwards

  	
   

  	
  Dickenson

  	
   

  	
  104

  	
   

  	
  531

  	
   

  
	
   

  	
  TL 197

  	
   

  	
  Luther A. Carico & Edna Carico

  	
   

  	
  7/22/1952

  	
   

  	
  5.50

  	
   

  	
  Ervinton

  	
   

  	
  Samuel Carico

  	
   

  	
  Dickenson

  	
   

  	
  105

  	
   

  	
  327

  	
   

  
	
   

  	
  TL 198

  	
   

  	
  Virgie Carico

  	
   

  	
  7/1/1952

  	
   

  	
  5.50

  	
   

  	
  Ervinton

  	
   

  	
  Samuel Carico

  	
   

  	
  Dickenson

  	
   

  	
  104

  	
   

  	
  533

  	
   

  
	
   

  	
  TL 199

  	
   

  	
  Fletcher Childress & Wife

  	
   

  	
  4/26/1949

  	
   

  	
  26.50

  	
   

  	
  Ervinton

  	
   

  	
  Noah Smith

  	
   

  	
  Dickenson

  	
   

  	
  96

  	
   

  	
  39

  	
   

  
	
   

  	
  TL 200

  	
   

  	
  Emma Carico Crabtree & Husband

  	
   

  	
  7/19/1952

  	
   

  	
  5.50

  	
   

  	
  Ervinton

  	
   

  	
  Samuel Carico

  	
   

  	
  Dickenson

  	
   

  	
  105

  	
   

  	
  25

  	
   

  
	
   

  	
  TL 201

  	
   

  	
  D. A. Deel & Wife

  	
   

  	
  7/3/1952

  	
   

  	
  184.00

  	
   

  	
  Ervinton

  	
   

  	
  J. W. Carico

  	
   

  	
  Dickenson

  	
   

  	
  104

  	
   

  	
  537

  	
   

  
	
   

  	
  TL 202

  	
   

  	
  Pearl Carico Edwards (Widow)

  	
   

  	
  7/1/1952

  	
   

  	
  22.00

  	
   

  	
  Ervinton

  	
   

  	
  Samuel Carico

  	
   

  	
  Dickenson

  	
   

  	
  104

  	
   

  	
  535

  	
   

  
	
   

  	
  TL 202

  	
   

  	
  Nancy Carico Ellington, Basil A. Carico, Tony M.
  Carico, Wm. P. Carico, Ruth Carico Grizzle & Husband, Hazel Carico
  Bond & Husband

  	
   

  	
  7/28/1952

  	
   

  	
  23.25

  	
   

  	
  Ervinton

  	
   

  	
  Samuel Carico

  	
   

  	
  Dickenson

  	
   

  	
  105

  	
   

  	
  247

  	
   

  
	
   

  	
  TL 203

  	
   

  	
  Bettie Yates Hamilton & Husband

  	
   

  	
  4/26/1949

  	
   

  	
  29.13

  	
   

  	
  Ervinton

  	
   

  	
  Noah Smith

  	
   

  	
  Dickenson

  	
   

  	
  96

  	
   

  	
  43

  	
   

  
	
   

  	
  TL 204

  	
   

  	
  Ocie B. Hayes & Husband

  	
   

  	
  6/4/1952

  	
   

  	
  34.00

  	
   

  	
  Ervinton

  	
   

  	
  A. W. Hale

  	
   

  	
  Dickenson

  	
   

  	
  104

  	
   

  	
  433

  	
   

  
	
   

  	
  TL 205

  	
   

  	
  Clinton Hillman, John Hillman & Wife,
  Mazilpha H. Edwards & Husband, Etta H Pierce & Husband,
  Maude H. Justice & Husband, Vassie H. Angel Husband, Alyce H.
  Archibald & Husband, Dorothy M. Greenwood & Husband, Carden
  A. Hillman & Wife

  	
   

  	
  7/15/1952

  	
   

  	
  44.00

  	
   

  	
  Ervinton

  	
   

  	
  J. W. Carico

  	
   

  	
  Dickenson

  	
   

  	
  105

  	
   

  	
  135

  	
   

  
	
   

  	
  TL 206

  	
   

  	
  Hillman & Wife

  	
   

  	
  7/15/1952

  	
   

  	
  44.00

  	
   

  	
  Ervinton

  	
   

  	
  J. W. Carrico

  	
   

  	
  Dickenson

  	
   

  	
  105

  	
   

  	
  135

  	
   

  
	
   

  	
  TL 207

  	
   

  	
  Lillie McClain (Widow)

  	
   

  	
  5/3/1949

  	
   

  	
  43.00

  	
   

  	
  Ervinton

  	
   

  	
  Noah Smith

  	
   

  	
  Dickenson

  	
   

  	
  96

  	
   

  	
  65

  	
   

  
	
   

  	
  TL 208

  	
   

  	
  Finis E. McCoy & Wife

  	
   

  	
  6/4/1952

  	
   

  	
  94.97

  	
   

  	
  Ervinton

  	
   

  	
  A. W. Hale

  	
   

  	
  Dickenson

  	
   

  	
  104

  	
   

  	
  435

  	
   

  
	
   

  	
  TL 209

  	
   

  	
  W. E. McCoy & Wife

  	
   

  	
  6/4/1952

  	
   

  	
  35.00

  	
   

  	
  Ervinton

  	
   

  	
  A. W. Hale

  	
   

  	
  Dickenson

  	
   

  	
  104

  	
   

  	
  437

  	
   

  
	
   

  	
  TL 210

  	
   

  	
  Sammel S. Meade & Wife

  	
   

  	
  7/8/1952

  	
   

  	
  15.00

  	
   

  	
  Ervinton

  	
   

  	
  Jas. T. Edwards

  	
   

  	
  Dickenson

  	
   

  	
  104

  	
   

  	
  543

  	
   

  
	
   

  	
  TL 211

  	
   

  	
  New York Mining & Manufacturing Company

  	
   

  	
  3/30/1950

  	
   

  	
  578.75

  	
   

  	
  Ervinton

  	
   

  	
  Peter Smith

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  TL 212

  	
   

  	
  J. D. Nicewonder &
  Wife

  	
   

  	
  4/26/1949

  	
   

  	
  16.00

  	
   

  	
  Ervinton

  	
   

  	
  Noah Smith

  	
   

  	
  Dickenson

  	
   

  	
  96

  	
   

  	
  41

  	
   

  
	
   

  	
  TL 213

  	
   

  	
  Norma Carico Odle & Husband

  	
   

  	
  9/5/1952

  	
   

  	
  5.50

  	
   

  	
  Ervinton

  	
   

  	
  Samuel Carico

  	
   

  	
  Dickenson

  	
   

  	
  105

  	
   

  	
  129

  	
   

  



 


8

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T 258

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  453.57

  	
   

  	
  Sand Lick

  	
   

  	
  T. K. Colley (3 Tracts)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 259

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  163.09

  	
   

  	
  Sand Lick

  	
   

  	
  Goulsby Counts (FEE)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 260

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  151.77

  	
   

  	
  Sand Lick

  	
   

  	
  John I. Cochran

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 261

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  1500.00

  	
   

  	
  Sand Lick

  	
   

  	
  E. S. Counts

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 262

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  75.66

  	
   

  	
  Sand Lick

  	
   

  	
  E. T. Cochran

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 263

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  123.00

  	
   

  	
  Sand Lick

  	
   

  	
  A. H. Compton

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 264

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  107.00

  	
   

  	
  Sand Lick

  	
   

  	
  Wm. J. Compton

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 265

  	
   

  	
  Susan D. Counts & Husband

  	
   

  	
  10/9/1922

  	
   

  	
  51.44

  	
   

  	
  Sand Lick

  	
   

  	
  Susan D. Counts

  	
   

  	
  Dickenson

  	
   

  	
  49

  	
   

  	
  130

  	
   

  
	
   

  	
  T 266

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  674.29

  	
   

  	
  Sand Lick

  	
   

  	
  Campbell-Carter

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 267

  	
   

  	
  Ellen W. Duryea

  	
   

  	
  1/10/1914

  	
   

  	
  154.00

  	
   

  	
  Sand Lick

  	
   

  	
  E. W. Duryea

  	
   

  	
  Dickenson

  	
   

  	
  33

  	
   

  	
  431

  	
   

  
	
   

  	
  T 268

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  280.15

  	
   

  	
  Sand Lick

  	
   

  	
  A. Floyd Deal (2 Tracts)

  	
   

  	
  Dickenson & Buchannan

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 269

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  192.87

  	
   

  	
  Sand Lick

  	
   

  	
  Richard Deal

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 270

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  47.09

  	
   

  	
  Sand Lick

  	
   

  	
  Richard Deal

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 271

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  108.43

  	
   

  	
  Sand Lick

  	
   

  	
  R. Deal & Owens (FEE)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 272

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  248.00

  	
   

  	
  Sand Lick

  	
   

  	
  Lemuel Duty

  	
   

  	
  Dickenson &
  Buchannan

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 273

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  378.00

  	
   

  	
  Sand Lick

  	
   

  	
  Joel F. Duty

  	
   

  	
  Dickenson &
  Buchannan

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 274

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  203.00

  	
   

  	
  Sand Lick

  	
   

  	
  Frederick Deel

  	
   

  	
  Dickenson & Buchannan

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 275

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  158.00

  	
   

  	
  Sand Lick

  	
   

  	
  Silas Deel

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 276

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  111.79

  	
   

  	
  Sand Lick

  	
   

  	
  Davis A. Deel

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T277

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  449.84

  	
   

  	
  Sand Lick

  	
   

  	
  D. C. Davis

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 278

  	
   

  	
  E. W. & H. E. Duryea

  	
   

  	
  5/10/1915

  	
   

  	
  60.61

  	
   

  	
  Sand Lick

  	
   

  	
  Ellen W. Duryea

  	
   

  	
  Dickenson

  	
   

  	
  36

  	
   

  	
  130

  	
   

  
	
   

  	
  T 279

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  158.00

  	
   

  	
  Sand Lick

  	
   

  	
  B. H. Edwards

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 280

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  99.90

  	
   

  	
  Sand Lick

  	
   

  	
  B. H. Edwards

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 281

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  81.06

  	
   

  	
  Sand Lick

  	
   

  	
  J. T. Edwards

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  



 


11

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T 282

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  204.77

  	
   

  	
  Sand Lick

  	
   

  	
  B. H. Edwards

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 283

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  274.37

  	
   

  	
  Sand Lick

  	
   

  	
  B. H. Edwards

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 284

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  33.17

  	
   

  	
  Sand Lick

  	
   

  	
  Brice H. Edwards

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 285

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  306.78

  	
   

  	
  Sand Lick

  	
   

  	
  A. J. Edwards

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 286

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  104.20

  	
   

  	
  Sand Lick

  	
   

  	
  Sol. Fleming

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 287

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  46.15

  	
   

  	
  Sand Lick

  	
   

  	
  I. B. French

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 288

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  47.64

  	
   

  	
  Sand Lick

  	
   

  	
  John Fuller

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 289

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  88.51

  	
   

  	
  Sand Lick

  	
   

  	
  J. W. Farmer

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 290

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  67.69

  	
   

  	
  Sand Lick

  	
   

  	
  Jacob Fuller (FEE)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 291

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  240.08

  	
   

  	
  Sand Lick

  	
   

  	
  Thomas Fuller

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 292

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  120.48

  	
   

  	
  Sand Lick

  	
   

  	
  Jonas Fuller

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 293

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  79.60

  	
   

  	
  Sand Lick

  	
   

  	
  Geo. H. Fuller

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 294

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  276.96

  	
   

  	
  Sand Lick

  	
   

  	
  William Fleming (FEE)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 295

  	
   

  	
  J. W. Flannigan, Jr. & Wife

  	
   

  	
  5/5/1928

  	
   

  	
  75.00

  	
   

  	
  Sand Lick

  	
   

  	
  John W. Flannigan

  	
   

  	
  Dickenson

  	
   

  	
  58

  	
   

  	
  564

  	
   

  
	
   

  	
  T 296

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  149.36

  	
   

  	
  Sand Lick

  	
   

  	
  W. F. Grizzle

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 297

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  82.47

  	
   

  	
  Sand Lick

  	
   

  	
  W. F. Grizzle

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 298

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  190.73

  	
   

  	
  Sand Lick

  	
   

  	
  Jesse J. Grizzle

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 299

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  139.00

  	
   

  	
  Sand Lick

  	
   

  	
  Jonas B. Grizzle

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 300

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  82.05

  	
   

  	
  Sand Lick

  	
   

  	
  J. C. Hill

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 301

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  93.00

  	
   

  	
  Sand Lick

  	
   

  	
  J. H. Harrison

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 302

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  232.00

  	
   

  	
  Sand Lick

  	
   

  	
  Phoebe Hay

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 303

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  199.61

  	
   

  	
  Sand Lick

  	
   

  	
  John Hay

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 304

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  259.23

  	
   

  	
  Sand Lick

  	
   

  	
  Clark
  Harrison (FEE)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  



 


12
















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T 305

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  101.02

  	
   

  	
  Sand Lick

  	
   

  	
  Alex Hackney

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 306

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  64.90

  	
   

  	
  Sand Lick

  	
   

  	
  Albert Hackney

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 307

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  88.33

  	
   

  	
  Sand Lick

  	
   

  	
  Geo.W. Hackney

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 308

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  14.97

  	
   

  	
  Sand Lick

  	
   

  	
  Interstate

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 309

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  246.00

  	
   

  	
  Sand Lick

  	
   

  	
  Ancil Johnson

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 310

  	
   

  	
  Dawson Coal & Coke Co.

  	
   

  	
  12/16/1935

  	
   

  	
  397.80

  	
   

  	
  Sand Lick

  	
   

  	
  Eliha Kiser

  	
   

  	
  Dickenson & Russel

  	
   

  	
  68

  	
   

  	
  492

  	
   

  
	
  T 311

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  1895.00

  	
   

  	
  Sand Lick

  	
   

  	
  John C. Kiser’s Heirs

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 312

  	
   

  	
  Shown as T2- 140 Holston Corporation

  	
   

  	
  9/10/1920

  	
   

  	
  50.83

  	
   

  	
  Sand Lick

  	
   

  	
  E. C. Kiser

  	
   

  	
  Dickenson

  	
   

  	
  49

  	
   

  	
  446

  	
   

  
	
  T 313

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  1874.41

  	
   

  	
  Sand Lick

  	
   

  	
  John Kiser Heirs

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 314

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  83.32

  	
   

  	
  Sand Lick

  	
   

  	
  Chris. Kiser

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 315

  	
   

  	
  Warren W. Laforce

  	
   

  	
  6/3/1909

  	
   

  	
  76.18

  	
   

  	
  Sand Lick

  	
   

  	
  Warren W. Laforce

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  296

  	
   

  
	
  T 316

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  48.81

  	
   

  	
  Sand Lick

  	
   

  	
  Jacob Lambert (FEE)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 317

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  30.30

  	
   

  	
  Sand Lick

  	
   

  	
  I. B. McRevnolds

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 318

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  76.27

  	
   

  	
  Sand Lick

  	
   

  	
  I. B. McReynolds

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 319

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  98.00

  	
   

  	
  Sand Lick

  	
   

  	
  I. B. McReynolds

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 320

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  191.44

  	
   

  	
  Sand Lick

  	
   

  	
  S. T. Newberry

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 321

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  40.00

  	
   

  	
  Sand Lick

  	
   

  	
  L. D. R. Owens

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 322

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  55.00

  	
   

  	
  Sand Lick

  	
   

  	
  A. J. O’Quinn

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 323

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  54.00

  	
   

  	
  Sand Lick

  	
   

  	
  J. W. O’Quinn

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 324

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  160.00

  	
   

  	
  Sand Lick

  	
   

  	
  L. D. R. Owens

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 325

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  206.19

  	
   

  	
  Sand Lick

  	
   

  	
  Martin Owens

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 326

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  67.77

  	
   

  	
  Sand Lick

  	
   

  	
  Almareen Owens

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 327

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  329.72

  	
   

  	
  Sand Lick

  	
   

  	
  Almareen Owens

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  



 


13

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T 328

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  12/16/1935

  	
   

  	
  282.20

  	
   

  	
  Sand Lick

  	
   

  	
  Henry Owens (FEE)

  	
   

  	
  Dickenson

  	
   

  	
  68

  	
   

  	
  489

  	
   

  
	
  T 329

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  38.95

  	
   

  	
  Sand Lick

  	
   

  	
  G. S. Owens

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 330

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  38.71

  	
   

  	
  Sand Lick

  	
   

  	
  Jas. M. Owens

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 331

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  5.39

  	
   

  	
  Sand Lick

  	
   

  	
  Jas. M. Owens

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 332

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  84.10

  	
   

  	
  Sand Lick

  	
   

  	
  B. F. & David

  Owens (2)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 333

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  194.87

  	
   

  	
  Sand Lick

  	
   

  	
  Andy & Hardin Owens (FEE)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 334

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  332.87

  	
   

  	
  Sand Lick

  	
   

  	
  Hardin Owens

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 335

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  99.54

  	
   

  	
  Sand Lick

  	
   

  	
  Hardin Owens

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 336

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  304.59

  	
   

  	
  Sand Lick

  	
   

  	
  Almareen Owens

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 337

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  417.25

  	
   

  	
  Sand Lick

  	
   

  	
  Almareen Owens

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 338

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  73.88

  	
   

  	
  Sand Lick

  	
   

  	
  Almareen Owens, Jr.

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 339

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  108.10

  	
   

  	
  Sand Lick

  	
   

  	
  Almareen Owens, Jr.

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 340

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  115.15

  	
   

  	
  Sand Lick

  	
   

  	
  Hardin Owens

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 341

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  241.80

  	
   

  	
  Sand Lick

  	
   

  	
  L. D. R. Owens

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 342

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  76.00

  	
   

  	
  Sand Lick

  	
   

  	
  C. C. Powers (Fee)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 343

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  50.00

  	
   

  	
  Sand Lick

  	
   

  	
  Russel Powers

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 344

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  117.30

  	
   

  	
  Sand Lick

  	
   

  	
  T. J. Powers (Jeff.)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 345

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  164.50

  	
   

  	
  Sand Lick

  	
   

  	
  Arch Powers (F. T. Adams)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 346

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  336.00

  	
   

  	
  Sand Lick

  	
   

  	
  T. E. Perry

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 347

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  733.89

  	
   

  	
  Sand Lick

  	
   

  	
  Jno. W. Robinson

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  



 


14

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T 348

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  215.00

  	
   

  	
  Sand Lick

  	
   

  	
  James Rasnake

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 349

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  388.52

  	
   

  	
  Sand Lick

  	
   

  	
  James Rasnake

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 350

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  95.00

  	
   

  	
  Sand Lick

  	
   

  	
  James Rasnake

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 351

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  54.00

  	
   

  	
  Sand Lick

  	
   

  	
  Wm.Ratliff

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 352

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  91.83

  	
   

  	
  Sand Lick

  	
   

  	
  E. J. Rasnake

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 353

  	
   

  	
  J. T. Wilder

  	
   

  	
  5/18/1910

  	
   

  	
  167.60

  	
   

  	
  Sand Lick

  	
   

  	
  W. F. Stanley

  	
   

  	
  Dickenson

  	
   

  	
  31

  	
   

  	
  223

  	
   

  
	
  T 354

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  76.47

  	
   

  	
  Sand Lick

  	
   

  	
  James Sykes

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 355

  	
   

  	
  Horace Hardaway

  	
   

  	
  6/10/1914

  	
   

  	
  97.91

  	
   

  	
  Sand Lick

  	
   

  	
  John A. Sykes (3 Tracts)

  	
   

  	
  Dickenson

  	
   

  	
  33

  	
   

  	
  586

  	
   

  
	
  T 356

  	
   

  	
  Horace Hardaway

  	
   

  	
  6/10/1914

  	
   

  	
  34.57

  	
   

  	
  Sand Lick

  	
   

  	
  Alex. Sykes

  	
   

  	
  Dickenson

  	
   

  	
  33

  	
   

  	
  586

  	
   

  
	
  T 357

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  48.07

  	
   

  	
  Sand Lick

  	
   

  	
  B. M. Sykes

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 358

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  354.62

  	
   

  	
  Sand Lick

  	
   

  	
  J. L. Sifers

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 359

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  300.00

  	
   

  	
  Sand Lick

  	
   

  	
  W. D. Stanley (Wilder)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 360

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  74.21

  	
   

  	
  Sand Lick

  	
   

  	
  S. J. Stanley

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 361

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  289.31

  	
   

  	
  Sand Lick

  	
   

  	
  Geo.W. Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 362

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  210.05

  	
   

  	
  Sand Lick

  	
   

  	
  F. P. Smith (FEE)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 363

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  364.91

  	
   

  	
  Sand Lick

  	
   

  	
  D. B. Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 364

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  408.23

  	
   

  	
  Sand Lick

  	
   

  	
  N. B. Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 365

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  202.20

  	
   

  	
  Sand Lick

  	
   

  	
  W. F. sutherland

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 366

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  689.00

  	
   

  	
  Sand Lick

  	
   

  	
  Samuel B. Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 367

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  822.24

  	
   

  	
  Sand Lick

  	
   

  	
  Newton Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 368

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  927.30

  	
   

  	
  Sand Lick

  	
   

  	
  Joshua W. M. Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 369

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  411.43

  	
   

  	
  Sand Lick

  	
   

  	
  Nancy Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  



 


15

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T 370

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  382.93

  	
   

  	
  Sand Lick

  	
   

  	
  R. D. Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 372

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  507.64

  	
   

  	
  Sand Lick

  	
   

  	
  James H. Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 373

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  296.56

  	
   

  	
  Sand Lick

  	
   

  	
  J. C. Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 374

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  21.23

  	
   

  	
  Sand Lick

  	
   

  	
  S. D. Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
  T 375

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  49.50

  	
   

  	
  Sand Lick

  	
   

  	
  J. C. Smith

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 377

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  388.00

  	
   

  	
  Sand Lick

  	
   

  	
  W. B. Stras

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 378

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  49.77

  	
   

  	
  Sand Lick

  	
   

  	
  S. D. Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 379

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  23.00

  	
   

  	
  Sand Lick

  	
   

  	
  N. B. Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 387

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  80.00

  	
   

  	
  Sand Lick

  	
   

  	
  H. B. & G. H. Sutherland (FEE)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 388

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  354.00

  	
   

  	
  Sand Lick

  	
   

  	
  Henry Sutherland (FEE)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 389

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  76.30

  	
   

  	
  Sand Lick

  	
   

  	
  S. D. Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 390

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  160.00

  	
   

  	
  Sand Lick

  	
   

  	
  S. D. Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 392

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  119.00

  	
   

  	
  Sand Lick

  	
   

  	
  J. H. Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 393

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  236.00

  	
   

  	
  Sand Lick

  	
   

  	
  Chas. C. Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 395

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  411.43

  	
   

  	
  Sand Lick

  	
   

  	
  Nancy Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 396

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  382.73

  	
   

  	
  Sand Lick

  	
   

  	
  R. D. Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 401

  	
   

  	
  Dawson Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  96.08

  	
   

  	
  Sand Lick

  	
   

  	
  A. A. Skeen

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  195

  	
   

  
	
  T 405

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  225.00

  	
   

  	
  Sand Lick

  	
   

  	
  H. W. Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 406

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  183.00

  	
   

  	
  Sand Lick

  	
   

  	
  B. Sutherland (FEE)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 407

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  153.00

  	
   

  	
  Sand Lick

  	
   

  	
  N. B. Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 408

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  382.22

  	
   

  	
  Sand Lick

  	
   

  	
  E. Sutherland Heirs

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 409

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  430.65

  	
   

  	
  Sand Lick

  	
   

  	
  J. N. R. Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  



 


16

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T 411

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  296.00

  	
   

  	
  Sand Lick

  	
   

  	
  H.W. Sutherland (FEE)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 413

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  354.00

  	
   

  	
  Sand Lick

  	
   

  	
  Henry Sutherland (FEE)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 414

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  76.30

  	
   

  	
  Sand Lick

  	
   

  	
  S. D. Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 416

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  333.19

  	
   

  	
  Sand Lick

  	
   

  	
  S. D. Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 419

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  56.56

  	
   

  	
  Sand Lick

  	
   

  	
  J. R. Turner

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 420

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  42.60

  	
   

  	
  Sand Lick

  	
   

  	
  J. R. Turner

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 421

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  187.50

  	
   

  	
  Sand Lick

  	
   

  	
  J. R. Turner

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 422

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  229.20

  	
   

  	
  Sand Lick

  	
   

  	
  J. R. Turner

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 423

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  39.74

  	
   

  	
  Sand Lick

  	
   

  	
  C. R. Turner

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 424

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  46.13

  	
   

  	
  Sand Lick

  	
   

  	
  J. R. Turner

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 425

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  169.03

  	
   

  	
  Sand Lick

  	
   

  	
  S. J. Turner

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 426

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  54.91

  	
   

  	
  Sand Lick

  	
   

  	
  J. R. Turner

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 427

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  244.00

  	
   

  	
  Sand Lick

  	
   

  	
  John L. Tiller

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 428

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  245.00

  	
   

  	
  Sand Lick

  	
   

  	
  David Tiller, Jr.

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 429

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  77.50

  	
   

  	
  Sand Lick

  	
   

  	
  S. J. Tiller (FEE)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 430

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  164.31

  	
   

  	
  Sand Lick

  	
   

  	
  S. J. Tiller

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 431

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  139.00

  	
   

  	
  Sand Lick

  	
   

  	
  W. J. Tiller

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 432

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  400.00

  	
   

  	
  Sand Lick

  	
   

  	
  David Tiller (FEE)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 433

  	
   

  	
  Tarpon Coal & Coke Co.

  	
   

  	
  2/20/1915

  	
   

  	
  37.06

  	
   

  	
  Sand Lick

  	
   

  	
  S. S. Viers

  	
   

  	
  Dickenson

  	
   

  	
  36

  	
   

  	
  1

  	
   

  
	
  T 434

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  184.27

  	
   

  	
  Sand Lick

  	
   

  	
  Joseph Viers

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 435

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  202.38

  	
   

  	
  Sand Lick

  	
   

  	
  Larkin Viers (2 Tracts)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 436

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  126.89

  	
   

  	
  Sand Lick

  	
   

  	
  Plessant Viers

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 437

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  182.55

  	
   

  	
  Sand Lick

  	
   

  	
  Floyd Viers & Owens

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 438

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  75.96

  	
   

  	
  Sand Lick

  	
   

  	
  F. Viers & A. Owens (Skeen)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 439

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  223.40

  	
   

  	
  Sand Lick

  	
   

  	
  Lewis Viers

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  



 


17
















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T 440

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  193.87

  	
   

  	
  Sand Lick

  	
   

  	
  Henderson Viers

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 441

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  185.73

  	
   

  	
  Sand Lick

  	
   

  	
  Larkin Viers (2 Tracts)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 442

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  133.52

  	
   

  	
  Sand Lick

  	
   

  	
  Floyd Viers

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 443

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  34.04

  	
   

  	
  Sand Lick

  	
   

  	
  W. L. J. Wright

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 444

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  916.84

  	
   

  	
  Sand Lick

  	
   

  	
  J. W. Wright (Shoffner)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 445

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  386.66

  	
   

  	
  Sand Lick

  	
   

  	
  W. L. F. Wright

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 446

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  132.78

  	
   

  	
  Sand Lick

  	
   

  	
  C. C. Wood

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 447

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  152.87

  	
   

  	
  Sand Lick

  	
   

  	
  C. A. Willis

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 448

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  49.21

  	
   

  	
  Sand Lick

  	
   

  	
  S. E. Wright

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 449

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  94.41

  	
   

  	
  Sand Lick

  	
   

  	
  Jesse Wampler

  	
   

  	
  Dickenson

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
   

  	
  T 450

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  320.90

  	
   

  	
  Sand Lick

  	
   

  	
  Jessee Wampler

  	
   

  	
  Dickenson

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 451

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  1868.00

  	
   

  	
  Sand Lick

  	
   

  	
  H. G. Wampler

  	
   

  	
  Dickenson

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 452

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  103.39

  	
   

  	
  Sand Lick

  	
   

  	
  Jeremiah Yates

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 453

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  625.93

  	
   

  	
  Cleveland

  	
   

  	
  William Artrip

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 454

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  193.39

  	
   

  	
  Cleveland

  	
   

  	
  Samuel Artrip

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 455

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  88.57

  	
   

  	
  Cleveland

  	
   

  	
  Samuel Artrip

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 456

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  350.21

  	
   

  	
  Cleveland

  	
   

  	
  Bryant Breeding

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 457

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  35.10

  	
   

  	
  Cleveland

  	
   

  	
  John Breeding

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 458

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  6.64

  	
   

  	
  Cleveland

  	
   

  	
  W. R. Baumgardner

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 459

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  314.51

  	
   

  	
  Cleveland

  	
   

  	
  Breeding Bros.

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 460

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  148.40

  	
   

  	
  Cleveland

  	
   

  	
  Jas. A. Gilbert

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 461

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  88.55

  	
   

  	
  Cleveland

  	
   

  	
  Jas. A. Gilbert

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 462

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  442.48

  	
   

  	
  Cleveland

  	
   

  	
  W. P. Grizzle

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 463

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  1142.51

  	
   

  	
  Cleveland

  	
   

  	
  Henry Kiser

  	
   

  	
  Dickenson & Russel

  	
   

  	
  30

  	
   

  	
  117

  	
   

  



 


18

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T 464

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  237.28

  	
   

  	
  Cleveland

  	
   

  	
  J. P. Lockhart

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 465

  	
   

  	
  John Laforce & Wife

  	
   

  	
  5/15/1909

  	
   

  	
  7.31

  	
   

  	
  Cleveland

  	
   

  	
  John Laforce

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  502

  	
   

  
	
   

  	
  T 466

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  235.75

  	
   

  	
  Cleveland

  	
   

  	
  James Laforce

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 467

  	
   

  	
  John Laforce & Wife

  	
   

  	
  5/19/1909

  	
   

  	
  46.50

  	
   

  	
  Cleveland

  	
   

  	
  John Laforce

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  502

  	
   

  
	
   

  	
  T 468

  	
   

  	
  Grant Laforce & Wife

  	
   

  	
  10/3/1909

  	
   

  	
  44.19

  	
   

  	
  Cleveland

  	
   

  	
  Polly Laforce

  	
   

  	
  Russell

  	
   

  	
  45

  	
   

  	
  152

  	
   

  
	
   

  	
  T 469

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  148.00

  	
   

  	
  Cleveland

  	
   

  	
  Culberson Laforce

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 470

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  86.46

  	
   

  	
  Cleveland

  	
   

  	
  J. W. Laforce

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 471

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  217.74

  	
   

  	
  Cleveland

  	
   

  	
  J. P. Lockhart

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 472

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  482.36

  	
   

  	
  Cleveland

  	
   

  	
  Warren Laforce

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 473

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  248.92

  	
   

  	
  Cleveland

  	
   

  	
  David Musick

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 474

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  106.33

  	
   

  	
  Cleveland

  	
   

  	
  Jacob Musick

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 475

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  80.20

  	
   

  	
  Cleveland

  	
   

  	
  Draton Musick

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 476

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  20.21

  	
   

  	
  Cleveland

  	
   

  	
  Fielding Musick

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 477

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  43.67

  	
   

  	
  Cleveland

  	
   

  	
  Fielding Musick

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 478

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  63.58

  	
   

  	
  Cleveland

  	
   

  	
  Utah Musick

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 479

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  43.00

  	
   

  	
  Cleveland

  	
   

  	
  Jahial Musick

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 480

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  12.77

  	
   

  	
  Cleveland

  	
   

  	
  Utah Musick

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 481

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  80.20

  	
   

  	
  Cleveland

  	
   

  	
  Vesta Musick

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 482

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  1498.70

  	
   

  	
  Cleveland

  	
   

  	
  Stephen Rasnake

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 483

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  519.46

  	
   

  	
  Cleveland

  	
   

  	
  Robt. Rasnake

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 484

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  256.00

  	
   

  	
  Cleveland

  	
   

  	
  John Rasnake

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 485

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  250.53

  	
   

  	
  Cleveland

  	
   

  	
  N. B. Rasnake

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 486

  	
   

  	
  Eliha Sutherland & Wife

  	
   

  	
  5/18/1909

  	
   

  	
  30.12

  	
   

  	
  Cleveland

  	
   

  	
  Eliha Sutherland

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  280

  	
   

  
	
   

  	
  T 487

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  21.00

  	
   

  	
  Cleveland

  	
   

  	
  V. R. Sutherland

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 488

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  65.48

  	
   

  	
  Cleveland

  	
   

  	
  Skeen-Sutherland

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  



 


19

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T 489

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  337.55

  	
   

  	
  Cleveland

  	
   

  	
  Jasper-Skeen

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 490

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  149.17

  	
   

  	
  Cleveland

  	
   

  	
  Major Smith

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 491

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  200.00

  	
   

  	
  Cleveland

  	
   

  	
  Eliha Sutherland

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 492

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  240.00

  	
   

  	
  Cleveland

  	
   

  	
  Eliha Sutherland

  	
   

  	
  Russell & Dickenson

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 493

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  586.00

  	
   

  	
  Cleveland

  	
   

  	
  Eliha Sutherland

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 494

  	
   

  	
  Wilbur L. Moorman & Wife

  	
   

  	
  5/31/1907

  	
   

  	
  95.60

  	
   

  	
  Cleveland

  	
   

  	
  Eliha Sutherland

  	
   

  	
  Russell

  	
   

  	
  42

  	
   

  	
  104

  	
   

  
	
   

  	
  T 495

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  327.93

  	
   

  	
  Cleveland

  	
   

  	
  John Sutherland

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 496

  	
   

  	
  Clinchfield Coal Co. (Eliz. Breeding)

  	
   

  	
  6/8/1909

  	
   

  	
  240.09

  	
   

  	
  Cleveland

  	
   

  	
  James Taylor

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  348

  	
   

  
	
   

  	
  T 497

  	
   

  	
  Mary Artrip Heirs et als

  	
   

  	
  9/30/1909

  	
   

  	
  7.83

  	
   

  	
  Cleveland

  	
   

  	
  Samuel Wilbur

  	
   

  	
  Russell

  	
   

  	
  45

  	
   

  	
  151

  	
   

  
	
   

  	
  T 498

  	
   

  	
  Cyndesta Wyatt et als

  	
   

  	
  10/8/1909

  	
   

  	
  17.35

  	
   

  	
  Cleveland

  	
   

  	
  Cyndesta Wyatt

  	
   

  	
  Russell

  	
   

  	
  45

  	
   

  	
  136

  	
   

  
	
   

  	
  T 499

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  527.00

  	
   

  	
  New Garden

  	
   

  	
  Abram Bowen

  	
   

  	
  Russell & Buchannan

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 500

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  635.84

  	
   

  	
  New Garden

  	
   

  	
  Isaac V.  Cook

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 501

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  1167.41

  	
   

  	
  New Garden

  	
   

  	
  William Crabtree

  	
   

  	
  Russell & Buchannan

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 502

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  168.89

  	
   

  	
  New Garden

  	
   

  	
  William Crabtree

  	
   

  	
  Russell & Buchannan

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 503

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  202.33

  	
   

  	
  New Garden

  	
   

  	
  Jacob Cook

  	
   

  	
  Russell & Buchannan

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 504

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  318.26

  	
   

  	
  New Garden

  	
   

  	
  Jasper Cook

  	
   

  	
  Russell & Buchannan

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 505

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  267.86

  	
   

  	
  New Garden

  	
   

  	
  J. H. Fife

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 506

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  56.98

  	
   

  	
  New Garden

  	
   

  	
  Peter Goldback

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 507

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  43.20

  	
   

  	
  New Garden

  	
   

  	
  Joan C. Gilbert

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 508

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  26.46

  	
   

  	
  New Garden

  	
   

  	
  Jas. A. Gilbert

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 509

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  15.00

  	
   

  	
  New Garden

  	
   

  	
  J. C. Gilbert

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 510

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  67.81

  	
   

  	
  New Garden

  	
   

  	
  J. C. Gilbert

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 511

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  97.98

  	
   

  	
  New Garden

  	
   

  	
  Colbert Musick

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 512

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  409.61

  	
   

  	
  New Garden

  	
   

  	
  Jacob (Alvin) Musick

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 513

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  164.00

  	
   

  	
  New Garden

  	
   

  	
  G. W. Musick

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 514

  	
   

  	
  J. C. Musick & Wife

  	
   

  	
  3/4/1909

  	
   

  	
  20.64

  	
   

  	
  New Garden

  	
   

  	
  J. C. Musick

  	
   

  	
  Russell

  	
   

  	
  45

  	
   

  	
  3

  	
   

  



 


20

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T 515

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  140.58

  	
   

  	
  New Garden

  	
   

  	
  Alven Musick

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 516

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  82.42

  	
   

  	
  New Garden

  	
   

  	
  Jonas Rasnake

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 517

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  63.36

  	
   

  	
  New Garden

  	
   

  	
  J. W. Rasnake

  	
   

  	
  Russell & Buchannan

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 518

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  79.60

  	
   

  	
  New Garden

  	
   

  	
  J. W. Rasnake

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 519

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  82.00

  	
   

  	
  New Garden

  	
   

  	
  V. R. Sutherland

  	
   

  	
  Russell & Buchannan

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 520

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  75.09

  	
   

  	
  New Garden

  	
   

  	
  V. R. Sutherland

  	
   

  	
  Russell & Buchannan

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 521

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  67.07

  	
   

  	
  New Garden

  	
   

  	
  Geo. A. Warder

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 522

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  12.36

  	
   

  	
  Castlewood

  	
   

  	
  John Brooks

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 523

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  99.90

  	
   

  	
  Castlewood

  	
   

  	
  H. F. Couch

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 524

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  43.74

  	
   

  	
  Castlewood

  	
   

  	
  S. S. Dotson

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 525

  	
   

  	
  Dawson Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  6000.00

  	
   

  	
  Castlewood

  	
   

  	
  Dawson

  	
   

  	
  Russell & Dickenson

  	
   

  	
  44

  	
   

  	
  2

  	
   

  
	
   

  	
  T 526

  	
   

  	
  Dawson Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  1052.02

  	
   

  	
  Castlewood

  	
   

  	
  Dawson (Fields, W. Comm.)

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  2

  	
   

  
	
   

  	
  T 527

  	
   

  	
  J. H. P. Smith et als

  	
   

  	
  9/23/1909

  	
   

  	
  50.36

  	
   

  	
  Castlewood

  	
   

  	
  A. L. Grizzle

  	
   

  	
  Russell

  	
   

  	
  45

  	
   

  	
  122

  	
   

  
	
   

  	
  T 528

  	
   

  	
  Geo. W. Grizzle & Wife

  	
   

  	
  6/29/1909

  	
   

  	
  65.64

  	
   

  	
  Castlewood

  	
   

  	
  Geo. Grizzle

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  410

  	
   

  
	
   

  	
  T 529

  	
   

  	
  T. B. Howard &Wife

  	
   

  	
  7/30/1918

  	
   

  	
  1.00

  	
   

  	
  Castlewood

  	
   

  	
  T. B. Howard

  	
   

  	
  Russell

  	
   

  	
  59

  	
   

  	
  527

  	
   

  
	
   

  	
  T 530

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  103.70

  	
   

  	
  Castlewood

  	
   

  	
  Laban Holbrook

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 531

  	
   

  	
  Henry Powers, et ux. Louise

  	
   

  	
  1/11/1921

  	
   

  	
  84.73

  	
   

  	
  Castlewood

  	
   

  	
  J. H. Jessee

  	
   

  	
  Russell & Dickenson

  	
   

  	
  62

  	
   

  	
  88

  	
   

  
	
   

  	
  T 532

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  119.94

  	
   

  	
  Castlewood

  	
   

  	
  Allen Kiser

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 533

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  349.49

  	
   

  	
  Castlewood

  	
   

  	
  Abraham Kiser

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 534

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  216.73

  	
   

  	
  Castlewood

  	
   

  	
  J. M. Kiser

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 535

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  59.95

  	
   

  	
  Castlewood

  	
   

  	
  S. Kiser

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 536

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  23.30

  	
   

  	
  Castlewood

  	
   

  	
  W. S. & M. T. Kiser

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 537

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  91.00

  	
   

  	
  Castlewood

  	
   

  	
  A. A. Kiser

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 538

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  13.58

  	
   

  	
  Castlewood

  	
   

  	
  U. S. Kiser

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 539

  	
   

  	
  Jas. D. Kiser, Sr. Heirs

  	
   

  	
  7/6/1909

  	
   

  	
  87.20

  	
   

  	
  Castlewood

  	
   

  	
  James D. Kiser

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  471

  	
   

  
	
   

  	
  T 540

  	
   

  	
  Jas. D. Kiser, Sr. Heirs

  	
   

  	
  7/6/1909

  	
   

  	
  43.92

  	
   

  	
  Castlewood

  	
   

  	
  James D. Kiser

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  473

  	
   

  
	
   

  	
  T 541

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  240.33

  	
   

  	
  Castlewood

  	
   

  	
  James D. Kiser

  	
   

  	
  Russell & Dickenson

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 542

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  120.60

  	
   

  	
  Castlewood

  	
   

  	
  E. S. Kiser

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 543

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  103.00

  	
   

  	
  Castlewood

  	
   

  	
  Samuel J. Kiser

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  



 


21

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T 544

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  71.10

  	
   

  	
  Castlewood

  	
   

  	
  Jno. M. Kiser

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 545

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  104.90

  	
   

  	
  Castlewood

  	
   

  	
  Gee. C. Kiser

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 546

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  125.00

  	
   

  	
  Castlewood

  	
   

  	
  Nimrod Kiser

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 547

  	
   

  	
  Hiram A. Kiser & Wife & Archie
  Kiser & Wife

  	
   

  	
  8/8/1923

  	
   

  	
  29.02

  	
   

  	
  Castlewood

  	
   

  	
  Hiram A. Kiser

  	
   

  	
  Russell

  	
   

  	
  67

  	
   

  	
  220

  	
   

  
	
   

  	
  T 548

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  108.34

  	
   

  	
  Castlewood

  	
   

  	
  William F. Kiser

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 549

  	
   

  	
  L. B. Kiser & Wife

  	
   

  	
  7/29/1926

  	
   

  	
  3.10

  	
   

  	
  Castlewood

  	
   

  	
  Lowery B. Kiser

  	
   

  	
  Russell

  	
   

  	
  73

  	
   

  	
  511

  	
   

  
	
   

  	
  T 550

  	
   

  	
  E. M. Kiser & Wife

  	
   

  	
  12/20/1921

  	
   

  	
  140.00

  	
   

  	
  Castlewood

  	
   

  	
  E. M. Kiser

  	
   

  	
  Russell

  	
   

  	
  63

  	
   

  	
  526-529

  	
   

  
	
   

  	
  T 551

  	
   

  	
  A. B. Kiser & Wife

  	
   

  	
  9/12/1923

  	
   

  	
  44.65

  	
   

  	
  Castlewood

  	
   

  	
  A. B. Kiser

  	
   

  	
  Russell

  	
   

  	
  67

  	
   

  	
  391

  	
   

  
	
   

  	
  T 552

  	
   

  	
  E. V. Kiser & Wife

  	
   

  	
  3/21/1924

  	
   

  	
  5.93

  	
   

  	
  Castlewood

  	
   

  	
  E. Villio Kiser

  	
   

  	
  Russell

  	
   

  	
  62

  	
   

  	
  593

  	
   

  
	
   

  	
  T 553

  	
   

  	
  Aaron Laforce et als

  	
   

  	
  7/7/1910

  	
   

  	
  87.06

  	
   

  	
  Castlewood

  	
   

  	
  Aaron Laforce

  	
   

  	
  Russell

  	
   

  	
  46

  	
   

  	
  406

  	
   

  
	
   

  	
  T 554

  	
   

  	
  John Laforce & Wife

  	
   

  	
  5/19/1909

  	
   

  	
  88.94

  	
   

  	
  Castlewood

  	
   

  	
  John Laforce

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  502

  	
   

  
	
   

  	
  T 555

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  588.87

  	
   

  	
  Castlewood

  	
   

  	
  John W. Laforce

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 556

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  457.08

  	
   

  	
  Castlewood

  	
   

  	
  Joseph Laforce

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 557

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  387.00

  	
   

  	
  Castlewood

  	
   

  	
  Elijah Laforce

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 558

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  241.06

  	
   

  	
  Castlewood

  	
   

  	
  E. A. Leonard

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 559

  	
   

  	
  Wm. Mercer & Wife

  	
   

  	
  5/6/1909

  	
   

  	
  29.98

  	
   

  	
  Castlewood

  	
   

  	
  Wm. Mercer

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  261

  	
   

  
	
   

  	
  T 560

  	
   

  	
  W. L. Moorman & Wife

  	
   

  	
  5/31/1909

  	
   

  	
  65.92

  	
   

  	
  Castlewood

  	
   

  	
  W. L. Moorman

  	
   

  	
  Russell

  	
   

  	
  42

  	
   

  	
  104

  	
   

  
	
   

  	
  T 561

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  100.00

  	
   

  	
  Castlewood

  	
   

  	
  S. D. May

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 562

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  355.00

  	
   

  	
  Castlewood

  	
   

  	
  William Minton

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 563

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  288.23

  	
   

  	
  Castlewood

  	
   

  	
  William Minton

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 564

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  181.33

  	
   

  	
  Castlewood

  	
   

  	
  Henry Powers

  	
   

  	
  Russell & Dickenson

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 565

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  431.36

  	
   

  	
  Castlewood

  	
   

  	
  Moncier Sutherland

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
   

  	
  T 566

  	
   

  	
  Dawson Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  8.09

  	
   

  	
  Castlewood

  	
   

  	
  D. L. Silcox

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  2

  	
   

  
	
   

  	
  T 567

  	
   

  	
  John Wolfe & Wife

  	
   

  	
  11/1/1923

  	
   

  	
  3.38

  	
   

  	
  Castlewood

  	
   

  	
  John Wolfe

  	
   

  	
  Russell

  	
   

  	
  67

  	
   

  	
  500

  	
   

  
	
   

  	
  T 568

  	
   

  	
  Jas. A. Kiser & Wife

  	
   

  	
  9/21/1923

  	
   

  	
  47.27

  	
   

  	
  Castlewood

  	
   

  	
  James A. Kiser

  	
   

  	
  Russell

  	
   

  	
  67

  	
   

  	
  395

  	
   

  
	
   

  	
  T 569

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  210.00

  	
   

  	
  Hurricane

  	
   

  	
  Noah G. Ball

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 570

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  1075.00

  	
   

  	
  Hurricane

  	
   

  	
  N. J. Buckell

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 571

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  126.00

  	
   

  	
  Hurricane

  	
   

  	
  John W. Barton

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  



 


22
















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T 572

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  236.00

  	
   

  	
  Hurricane

  	
   

  	
  J. W. Barton

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 573

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  131.00

  	
   

  	
  Hurricane

  	
   

  	
  G. W. Barton

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 574

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  22.00

  	
   

  	
  Hurricane

  	
   

  	
  G. W. Barton

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 575

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  67.00

  	
   

  	
  Hurricane

  	
   

  	
  G. W. Barton

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 576

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  223.00

  	
   

  	
  Hurricane

  	
   

  	
  Fielden Combs

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 577

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  342.27

  	
   

  	
  Hurricane

  	
   

  	
  Fielden Combs

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 578

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  98.00

  	
   

  	
  Hurricane

  	
   

  	
  Larkin Combs

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 579

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  91.00

  	
   

  	
  Hurricane

  	
   

  	
  Lafayett Combs

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 580

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  87.61

  	
   

  	
  Hurricane

  	
   

  	
  Fielden Combs

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 581

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  147.00

  	
   

  	
  Hurricane

  	
   

  	
  Stephens Combs

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 582

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  69.00

  	
   

  	
  Hurricane

  	
   

  	
  Mesback Compton

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 583

  	
   

  	
  Dawson Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  98.25

  	
   

  	
  Hurricane

  	
   

  	
  John H. Duty

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  533

  	
   

  
	
   

  	
  T 584

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  194.00

  	
   

  	
  Hurricane

  	
   

  	
  Wm. H. Duty

  	
   

  	
  Buchanan

  	
   

  	
  36

  	
   

  	
  546

  	
   

  
	
   

  	
  T 585

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  70.00

  	
   

  	
  Hurricane

  	
   

  	
  David F. Deel

  	
   

  	
  Buchanan

  	
   

  	
  36

  	
   

  	
  256

  	
   

  
	
   

  	
  T 586

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  190.00

  	
   

  	
  Hurricane

  	
   

  	
  Wm. F. Deel

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 587

  	
   

  	
  Cranes Nest Coal &
  Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  98.00

  	
   

  	
  Hurricane

  	
   

  	
  H. P. Deel

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 588

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  328.00

  	
   

  	
  Hurricane

  	
   

  	
  Jas. H. Fuller

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 589

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  1000.00

  	
   

  	
  Hurricane

  	
   

  	
  Jas. Ball & Wm. Fuller

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 590

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  50.00

  	
   

  	
  Hurricane

  	
   

  	
  G. B. Fletcher

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 591

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  144.00

  	
   

  	
  Hurricane

  	
   

  	
  W. W. Fletcher

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 592

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  60.00

  	
   

  	
  Hurricane

  	
   

  	
  J. R. Johnson

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 593

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  149.00

  	
   

  	
  Hurricane

  	
   

  	
  W. R. Jackson

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 594

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  135.00

  	
   

  	
  Hurricane

  	
   

  	
  Jas. Jackson

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 595

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  100.00

  	
   

  	
  Hurricane

  	
   

  	
  L. D. Jackson

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 596

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  17.45

  	
   

  	
  Hurricane

  	
   

  	
  Allen James

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  



 


23

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T 597

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  225.00

  	
   

  	
  Hurricane

  	
   

  	
  Jacob R. Lester

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 598

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  125.00

  	
   

  	
  Hurricane

  	
   

  	
  J. R. Lester

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 599

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  300.00

  	
   

  	
  Hurricane

  	
   

  	
  Jacob Lester

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 600

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  230.96

  	
   

  	
  Hurricane

  	
   

  	
  Noah & Elijah Lambert

  	
   

  	
  Buchanan

  	
   

  	
  36

  	
   

  	
  546

  	
   

  
	
   

  	
  T 601

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  204.00

  	
   

  	
  Hurricane

  	
   

  	
  J. P. Lambert

  	
   

  	
  Buchanan &
  Dickenson

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 602

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  125.00

  	
   

  	
  Hurricane

  	
   

  	
  W. A. McFarland

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 603

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  350.00

  	
   

  	
  Hurricane

  	
   

  	
  J. M. & L. L. McFarland

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 604

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  80.00

  	
   

  	
  Hurricane

  	
   

  	
  R. S. W. O’Quinn

  	
   

  	
  Buchanan

  	
   

  	
  36

  	
   

  	
  546

  	
   

  
	
   

  	
  T 605

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  500.00

  	
   

  	
  Hurricane

  	
   

  	
  Daniel Puckett

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 606

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  559.00

  	
   

  	
  Hurricane

  	
   

  	
  Joseph Pressley

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 607

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  176.00

  	
   

  	
  Hurricane

  	
   

  	
  Taze Pressley

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 608

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  103.00

  	
   

  	
  Hurricane

  	
   

  	
  Taze Pressley

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 609

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  149.00

  	
   

  	
  Hurricane

  	
   

  	
  John Pressley

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 610

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  100.00

  	
   

  	
  Hurricane

  	
   

  	
  J. W. Rasnake

  	
   

  	
  Buchanan

  	
   

  	
  36

  	
   

  	
  546

  	
   

  
	
   

  	
  T 611

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  349.33

  	
   

  	
  Hurricane

  	
   

  	
  Mariah
  Stinson

  	
   

  	
  Buchanan &
  Dickenson

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 612

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  330.00

  	
   

  	
  Hurricane

  	
   

  	
  J. M. Stallard

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 613

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  134.00

  	
   

  	
  Hurricane

  	
   

  	
  John W. Stallard

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 614

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  60.00

  	
   

  	
  Hurricane

  	
   

  	
  S. J. Tiller

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 615

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  241.49

  	
   

  	
  Hurricane

  	
   

  	
  A. B. Nicholas
  et als

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 616

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  100.00

  	
   

  	
  Hurricane

  	
   

  	
  David Tiller, Sr.

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 617

  	
   

  	
  Cranes Nest Coal &
  Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  128.00

  	
   

  	
  Hurricane

  	
   

  	
  David Tiller

  	
   

  	
  Buchanan

  	
   

  	
  36

  	
   

  	
  546

  	
   

  
	
   

  	
  T 618

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  118.00

  	
   

  	
  Hurricane

  	
   

  	
  Geo. W. Tiller

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 619

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  40.00

  	
   

  	
  Hurricane

  	
   

  	
  William Taylor

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  



 


24

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T 620

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/3/1906

  	
   

  	
  50.00

  	
   

  	
  Hurricane

  	
   

  	
  J. S. Williams

  	
   

  	
  Buchanan

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 621

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  72.00

  	
   

  	
  Hurricane

  	
   

  	
  G. A. Warder

  	
   

  	
  Buchanan &
  Dickenson

  	
   

  	
  37

  	
   

  	
  256

  	
   

  
	
   

  	
  T 622

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  41.68

  	
   

  	
  Kennedy

  	
   

  	
  William Adkins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 623

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  11.01

  	
   

  	
  Kennedy

  	
   

  	
  Henry.Adking

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 624

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  213.00

  	
   

  	
  Kennedy

  	
   

  	
  W. H. Aston

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 625

  	
   

  	
  H. Hardaway

  	
   

  	
  2/20/1915

  	
   

  	
  116.83

  	
   

  	
  Kennedy

  	
   

  	
  Alley-Hutchinson

  	
   

  	
  Dickenson

  	
   

  	
  36

  	
   

  	
  8

  	
   

  
	
   

  	
  T 626

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  1001.00

  	
   

  	
  Kennedy

  	
   

  	
  Thomas Bise

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 627

  	
   

  	
  Ira Boggs et als

  	
   

  	
  7/14/1910

  	
   

  	
  81.47

  	
   

  	
  Kennedy

  	
   

  	
  Ira Boggs

  	
   

  	
  Dickenson

  	
   

  	
  31

  	
   

  	
  246

  	
   

  
	
   

  	
  T 628

  	
   

  	
  Bessie Buchanan

  	
   

  	
  9/8/1953

  	
   

  	
  40.00

  	
   

  	
  Kennedy

  	
   

  	
  Bessie
  Buchanan

  	
   

  	
  Dickenson

  	
   

  	
  106

  	
   

  	
  452

  	
   

  
	
   

  	
  T 629

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  202.00

  	
   

  	
  Kennedy

  	
   

  	
  D. M. & E. Buchanan

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 630

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  261.00

  	
   

  	
  Kennedy

  	
   

  	
  J. H. Beverly

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 631

  	
   

  	
  Chas. R. Booher

  	
   

  	
  9/16/1953

  	
   

  	
  23.73

  	
   

  	
  Kennedy

  	
   

  	
  Chas. Booher

  	
   

  	
  Dickenson

  	
   

  	
  106

  	
   

  	
  473

  	
   

  
	
   

  	
  T 632

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  89.87

  	
   

  	
  Kennedy

  	
   

  	
  William Crabtree

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 633

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  38.65

  	
   

  	
  Kennedy

  	
   

  	
  R. R. Crabtree (S. Mullins)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 634

  	
   

  	
  E. H. Cantrell et als

  	
   

  	
  4/30/1910

  	
   

  	
  151.88

  	
   

  	
  Kennedy

  	
   

  	
  H. B. Cantrell

  	
   

  	
  Dickenson

  	
   

  	
  31

  	
   

  	
  180

  	
   

  
	
   

  	
  T 635

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  4/30/1906

  	
   

  	
  125.00

  	
   

  	
  Kennedy

  	
   

  	
  William Cantrell

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 636

  	
   

  	
  Frank Crabtree

  	
   

  	
  9/2/1953

  	
   

  	
  129.42

  	
   

  	
  Kennedy

  	
   

  	
  Frank Crabtree

  	
   

  	
  Dickenson

  	
   

  	
  106

  	
   

  	
  443

  	
   

  
	
   

  	
  T 637

  	
   

  	
  D. M. Crabtree

  	
   

  	
  9/2/1953

  	
   

  	
  31.06

  	
   

  	
  Kennedy

  	
   

  	
  D. M. Crabtree

  	
   

  	
  Dickenson

  	
   

  	
  106

  	
   

  	
  457

  	
   

  
	
   

  	
  T 638

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  106.00

  	
   

  	
  Kennedy

  	
   

  	
  G. W. Champan

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 639

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  36.62

  	
   

  	
  Kennedy

  	
   

  	
  L. M. Carico

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 640

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  157.26

  	
   

  	
  Kennedy

  	
   

  	
  John A. Davis

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 641

  	
   

  	
  Noah M. Dotson

  	
   

  	
  9/17/1948

  	
   

  	
  6.28

  	
   

  	
  Kennedy

  	
   

  	
  Noah M. Dotson

  	
   

  	
  Dickenson

  	
   

  	
  94

  	
   

  	
  321

  	
   

  
	
   

  	
  T 642

  	
   

  	
  N. M. Dotson Jr.

  	
   

  	
  8/13/1953

  	
   

  	
  6.00

  	
   

  	
  Kennedy

  	
   

  	
  N. M. Dotson, Jr.

  	
   

  	
  Dickenson

  	
   

  	
  106

  	
   

  	
  397

  	
   

  
	
   

  	
  T 643

  	
   

  	
  Noah M. Dotson

  	
   

  	
  11/12/1946

  	
   

  	
  41.30

  	
   

  	
  Kennedy

  	
   

  	
  Noah M. Dotson

  	
   

  	
  Dickenson

  	
   

  	
  88

  	
   

  	
  252

  	
   

  



 


25

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T 644

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  140.67

  	
   

  	
  Kennedy

  	
   

  	
  N. M. Dotson

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 645

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  27.21

  	
   

  	
  Kennedy

  	
   

  	
  D. R. Dotson

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 646

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  44.52

  	
   

  	
  Kennedy

  	
   

  	
  D. R. Dotson & J. P. Trivett

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 647

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  63.02

  	
   

  	
  Kennedy

  	
   

  	
  M. S. Dotson

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 648

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  526.00

  	
   

  	
  Kennedy

  	
   

  	
  Stephen C. Gose

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 649

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  85.00

  	
   

  	
  Kennedy

  	
   

  	
  Stephen C. Gose

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 650

  	
   

  	
  W. A. Hibbitts

  	
   

  	
  12/2/1912

  	
   

  	
  62.11

  	
   

  	
  Kennedy

  	
   

  	
  W. A. Hibbitts

  	
   

  	
  Dickenson

  	
   

  	
  32

  	
   

  	
  514

  	
   

  
	
   

  	
  T 651

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  224.08

  	
   

  	
  Kennedy

  	
   

  	
  C. R. Hibbitts

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 652

  	
   

  	
  M. H. Hamilton

  	
   

  	
  3/29/1951

  	
   

  	
  8.75

  	
   

  	
  Kennedy

  	
   

  	
  M. H. Hamilton (Henry Mullins)

  	
   

  	
  Dickenson

  	
   

  	
  102

  	
   

  	
  323

  	
   

  
	
   

  	
  T 653

  	
   

  	
  Logan Hibbitts Heirs

  	
   

  	
  8/31/1950

  	
   

  	
  40.00

  	
   

  	
  Kennedy

  	
   

  	
  Logan Hibbitts

  	
   

  	
  Dickenson

  	
   

  	
  104

  	
   

  	
  314

  	
   

  
	
   

  	
  T 654

  	
   

  	
  L. E. Hibbitts

  	
   

  	
  8/31/1950

  	
   

  	
  35.00

  	
   

  	
  Kennedy

  	
   

  	
  Logan Hibbitts

  	
   

  	
  Dickenson

  	
   

  	
  104

  	
   

  	
  314

  	
   

  
	
   

  	
  T 655

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  72.10

  	
   

  	
  Kennedy

  	
   

  	
  Dock Hawkins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 656

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  1132.00

  	
   

  	
  Kennedy

  	
   

  	
  Samuel Hensley

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 657

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  181.00

  	
   

  	
  Kennedy

  	
   

  	
  I. M. Hale

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 658

  	
   

  	
  clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  48.00

  	
   

  	
  Kennedy

  	
   

  	
  Samuel Keel

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 659

  	
   

  	
  J. L. Litz

  	
   

  	
  2/25/1913

  	
   

  	
  4.04

  	
   

  	
  Kennedy

  	
   

  	
  J. L. Litz

  	
   

  	
  Dickenson

  	
   

  	
  33

  	
   

  	
  105

  	
   

  
	
   

  	
  T 660

  	
   

  	
  J. L. Litz

  	
   

  	
  2/25/1913

  	
   

  	
  199.49

  	
   

  	
  Kennedy

  	
   

  	
  J. L. Litz

  	
   

  	
  Dickenson

  	
   

  	
  33

  	
   

  	
  105

  	
   

  
	
   

  	
  T 661

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  152.42

  	
   

  	
  Kennedy

  	
   

  	
  R. F. Lambert

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 662

  	
   

  	
  Isom & W. L. Mullins

  	
   

  	
  1/13/1911

  	
   

  	
  119.22

  	
   

  	
  Kennedy

  	
   

  	
  Isom & W. L. Mullins

  	
   

  	
  Dickenson

  	
   

  	
  20

  	
   

  	
  370

  	
   

  
	
   

  	
  T 663

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  78.32

  	
   

  	
  Kennedy

  	
   

  	
  Thos. Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 664

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  11.17

  	
   

  	
  Kennedy

  	
   

  	
  David Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 665

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  699.95

  	
   

  	
  Kennedy

  	
   

  	
  A. J. Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 666

  	
   

  	
  John A. Mullins

  	
   

  	
  2/4/1948

  	
   

  	
  32.03

  	
   

  	
  Kennedy

  	
   

  	
  John A. Mullins.

  	
   

  	
  Dickenson

  	
   

  	
  91

  	
   

  	
  555

  	
   

  



 


26

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T 667

  	
   

  	
  John Wesley Mullins

  	
   

  	
  4/3/1948

  	
   

  	
  30.01

  	
   

  	
  Kennedy

  	
   

  	
  John Wesley Mullins

  	
   

  	
  Dickenson

  	
   

  	
  93

  	
   

  	
  130

  	
   

  
	
   

  	
  T 668

  	
   

  	
  David J. Mullins

  	
   

  	
  3/12/1946

  	
   

  	
  47.60

  	
   

  	
  Kennedy

  	
   

  	
  David J. Mullins

  	
   

  	
  Dickenson

  	
   

  	
  85

  	
   

  	
  561

  	
   

  
	
   

  	
  T 669

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  460.04

  	
   

  	
  Kennedy

  	
   

  	
  A. B. Nichols-R. H. Powers

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 669A

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
   

  	
   

  	
  300.10

  	
   

  	
  Kennedy

  	
   

  	
  R. L. Stanley

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T 670

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  170.71

  	
   

  	
  Kennedy

  	
   

  	
  J. A. Odie

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 671

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  766.12

  	
   

  	
  Kennedy

  	
   

  	
  J. A. Odie

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 671A

  	
   

  	
  J.A. Odie

  	
   

  	
   

  	
   

  	
  154.93

  	
   

  	
  Lipps

  	
   

  	
  R. Marshall

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T 672

  	
   

  	
  R. E. Baylor, Trustee et als

  	
   

  	
  2/3/1928

  	
   

  	
  22.40

  	
   

  	
   

  	
   

  	
  Phipps, Damron,
  Trivett 67

  	
   

  	
  Dickenson

  	
   

  	
  58

  	
   

  	
  75

  	
   

  
	
   

  	
  T 673

  	
   

  	
  A. W. Pressley et als.

  	
   

  	
  5/21/1921

  	
   

  	
  44.60

  	
   

  	
  Kennedy

  	
   

  	
  Phipps, Damron,
  Trivett 68

  	
   

  	
  Dickenson

  	
   

  	
  57

  	
   

  	
  576

  	
   

  
	
   

  	
  T 674

  	
   

  	
  R. E. Baylor, Trustee et als

  	
   

  	
  2/3/1928

  	
   

  	
  4.78

  	
   

  	
  Kennedy

  	
   

  	
  E. L. Phipps

  	
   

  	
  Dickenson

  	
   

  	
  58

  	
   

  	
  75

  	
   

  
	
   

  	
  T 675

  	
   

  	
  E. L. Phipps

  	
   

  	
  10/23/1905

  	
   

  	
  22.44

  	
   

  	
  Kennedy

  	
   

  	
  E. L. Phipps

  	
   

  	
  Dickenson

  	
   

  	
  25

  	
   

  	
  121

  	
   

  
	
   

  	
  T 676

  	
   

  	
  C. Phipps Heirs

  	
   

  	
  9/4/1954

  	
   

  	
  31.92

  	
   

  	
  Kennedy

  	
   

  	
  C. Phipps Heirs

  	
   

  	
  Dickenson

  	
   

  	
  108

  	
   

  	
  103

  	
   

  
	
   

  	
  T 677

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  238.00

  	
   

  	
  Kennedy

  	
   

  	
  W. J. Ring

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 678

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  309.27

  	
   

  	
  Kennedy

  	
   

  	
  David Short

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 679

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  23.00

  	
   

  	
  Kennedy

  	
   

  	
  Short & Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 680

  	
   

  	
  J. H. Stanley

  	
   

  	
  6/16/1921

  	
   

  	
  24.61

  	
   

  	
  Kennedy

  	
   

  	
  J. W. Stanley

  	
   

  	
  Dickenson

  	
   

  	
  47

  	
   

  	
  66

  	
   

  
	
   

  	
  T 681

  	
   

  	
  Horace Hardaway

  	
   

  	
  2/20/1915

  	
   

  	
  104.73

  	
   

  	
  Kennedy

  	
   

  	
  W. S. Smith

  	
   

  	
  Dickenson

  	
   

  	
  36

  	
   

  	
  8

  	
   

  
	
   

  	
  T 682

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  20.50

  	
   

  	
  Kennedy

  	
   

  	
  F. J. Stanley

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 683

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  58.00

  	
   

  	
  Kennedy

  	
   

  	
  H. B. Stallard

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 684

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  180.00

  	
   

  	
  Kennedy

  	
   

  	
  Sarah J. Stallard

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 685

  	
   

  	
  James Trivett et als

  	
   

  	
  9/4/1953

  	
   

  	
  58.26

  	
   

  	
  Kennedy

  	
   

  	
  James Trivett

  	
   

  	
  Dickenson

  	
   

  	
  106

  	
   

  	
  458

  	
   

  
	
   

  	
  T 686

  	
   

  	
  W. B. Trivett

  	
   

  	
  4/18/1952

  	
   

  	
  23.10

  	
   

  	
  Kennedy

  	
   

  	
  W. B. Trivett

  	
   

  	
  Dickenson

  	
   

  	
  104

  	
   

  	
  271

  	
   

  
	
   

  	
  T 687

  	
   

  	
  W. B. Trivett

  	
   

  	
  4/17/1952

  	
   

  	
  43.50

  	
   

  	
  Kennedy

  	
   

  	
  W. B. Trivett

  	
   

  	
  Dickenson

  	
   

  	
  106

  	
   

  	
  79

  	
   

  
	
   

  	
  T 688

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  97.70

  	
   

  	
  Kennedy

  	
   

  	
  G. A. Warder (Stratton)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  



 


27
















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
    T 689

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  191.47

  	
   

  	
  Kennedy

  	
   

  	
  Noah E. Yates
  (Shoffner)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
    T 690

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  60.00

  	
   

  	
  Kennedy

  	
   

  	
  James T. Edwards

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
    T 691

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  21.25

  	
   

  	
  Kennedy

  	
   

  	
  James T. Edwards

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
    T 692

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  12/16/1935

  	
   

  	
  200.00

  	
   

  	
  Kennedy

  	
   

  	
  Redwine & Culberson

  	
   

  	
  Dickenson

  	
   

  	
  68

  	
   

  	
  501

  	
   

  
	
   

  	
  TL 693

  	
   

  	
  Oakley Stanley & Wife

  	
   

  	
  5/14/1952

  	
   

  	
  54.55

  	
   

  	
  Kennedy

  	
   

  	
  Robert B. Bise

  	
   

  	
  Dickenson

  	
   

  	
  104

  	
   

  	
  383

  	
   

  
	
   

  	
    T 694

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  88.76

  	
   

  	
  Clintwood

  	
   

  	
  John Browning

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
    T 695

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  111.89

  	
   

  	
  Clintwood

  	
   

  	
  R. C. Baker

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
    T 696

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  99.02

  	
   

  	
  Clintwood

  	
   

  	
  Jno. Baker

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
    T 697

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  79.04

  	
   

  	
  Clintwood

  	
   

  	
  F. M. Beverly

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
    T 698

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  69.38

  	
   

  	
  Clintwood

  	
   

  	
  E. P. Chase

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
    T 699

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  50.00

  	
   

  	
  Clintwood

  	
   

  	
  J. P. Chase

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
    T 700

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  84.96

  	
   

  	
  Clintwood

  	
   

  	
  Melvina “Viney” Counts (J.P. Chase?)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
    T 701

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  75.24

  	
   

  	
  Clintwood

  	
   

  	
  Martha Colley

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
    T 702

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  169.33

  	
   

  	
  Clintwood

  	
   

  	
  Jno. W. County

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
    T 703

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  120.77

  	
   

  	
  Clintwood

  	
   

  	
  W. L. Dennis

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
    T 704

  	
   

  	
  Ellen W. Duryea

  	
   

  	
  1/10/1914

  	
   

  	
  60.43

  	
   

  	
  Clintwood

  	
   

  	
  E. W. Duryea (N. P. Kelly)

  	
   

  	
  Dickenson

  	
   

  	
  33

  	
   

  	
  431

  	
   

  
	
   

  	
    T 705

  	
   

  	
  Ellen W. Duryea

  	
   

  	
  1/10/1914

  	
   

  	
  269.67

  	
   

  	
  Clintwood

  	
   

  	
  E. W. Duryea (Eliz. Rose)

  	
   

  	
  Dickenson

  	
   

  	
  33

  	
   

  	
  431

  	
   

  
	
   

  	
    T 706

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  161.00

  	
   

  	
  Clintwood

  	
   

  	
  J. K. Damron

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
    T 707

  	
   

  	
  Ellen W. Duryea

  	
   

  	
  1/10/1914

  	
   

  	
  36.00

  	
   

  	
  Clintwood

  	
   

  	
  E. W. Duryea (M. Hill)

  	
   

  	
  Dickenson

  	
   

  	
  33

  	
   

  	
  431

  	
   

  
	
   

  	
    T 708

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  46.68

  	
   

  	
  Clintwood

  	
   

  	
  R. J. Fleming

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
    T 709

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  117.00

  	
   

  	
  Clintwood

  	
   

  	
  Solomon Fleming

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  



 


28

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T 710

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  45.34

  	
   

  	
  Clintwood

  	
   

  	
  William Fleming (FEE)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 711

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  85.52

  	
   

  	
  Clintwood

  	
   

  	
  Robert Fleming

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 712

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  60.68

  	
   

  	
  Clintwood

  	
   

  	
  W. H. Fleming

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 713

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  88.67

  	
   

  	
  Clintwood

  	
   

  	
  Emanuel Fleming

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 714

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  208.05

  	
   

  	
  Clintwood

  	
   

  	
  Caleb Haynes

  	
   

  	
  Dickenson

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
   

  	
  T 715

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  183.84

  	
   

  	
  Clintwood

  	
   

  	
  G. W. Haynes

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 716

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  373.63

  	
   

  	
  Clintwood

  	
   

  	
  Cornelius Hibbitts

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 717

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  69.59

  	
   

  	
  Clintwood

  	
   

  	
  W. C. Hughes

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 718

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  31.68

  	
   

  	
  Clintwood

  	
   

  	
  W. C. Hughes

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 719

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  49.86

  	
   

  	
  Clintwood

  	
   

  	
  J. H. M. Hill

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 720

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  56.87

  	
   

  	
  Clintwood

  	
   

  	
  Noah Hopson

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 721

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  107.00

  	
   

  	
  Clintwood

  	
   

  	
  Noah Hopson

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 722

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  80.00

  	
   

  	
  Clintwood

  	
   

  	
  J. G. Hylton

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 723

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  135.69

  	
   

  	
  Clintwood

  	
   

  	
  W. E. Harris

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 724

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  566.39

  	
   

  	
  Clintwood

  	
   

  	
  H. T. Keel

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 725

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  174.79

  	
   

  	
  Clintwood

  	
   

  	
  Henry Keel

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 726

  	
   

  	
  H. T. Keel

  	
   

  	
  3/8/1913

  	
   

  	
  20.00

  	
   

  	
  Clintwood

  	
   

  	
  H. T. Keel

  	
   

  	
  Dickenson

  	
   

  	
  33

  	
   

  	
  42

  	
   

  
	
   

  	
  T 727

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  26.65

  	
   

  	
  Clintwood

  	
   

  	
  J.G. Kerr

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 728

  	
   

  	
  J. L. Litz

  	
   

  	
  2/25/1913

  	
   

  	
  68.50

  	
   

  	
  Clintwood

  	
   

  	
  J. L. Litz

  	
   

  	
  Dickenson

  	
   

  	
  33

  	
   

  	
  105

  	
   

  
	
   

  	
  T 729

  	
   

  	
  J. L. Litz

  	
   

  	
  9/5/1911

  	
   

  	
  61.89

  	
   

  	
  Clintwood

  	
   

  	
  J. L. Litz (FEE)

  	
   

  	
  Dickenson

  	
   

  	
  31

  	
   

  	
  506

  	
   

  
	
   

  	
  T 730

  	
   

  	
  J. L. Litz

  	
   

  	
  2/25/1913

  	
   

  	
  56.50

  	
   

  	
  Clintwood

  	
   

  	
  J. L. Litz 1/3 fo 169.5

  	
   

  	
  Dickenson

  	
   

  	
  33

  	
   

  	
  105

  	
   

  
	
   

  	
  T 731

  	
   

  	
  R. V. & 
  Jno. S. Wolford

  	
   

  	
  9/26/1911

  	
   

  	
  56.50

  	
   

  	
  Clintwood

  	
   

  	
  J. L. Litz 1/3 fo 169.5

  	
   

  	
  Dickenson

  	
   

  	
  32

  	
   

  	
  110

  	
   

  
	
   

  	
  T 732

  	
   

  	
  W. E. O’Connor

  	
   

  	
  11/25/1911

  	
   

  	
  56.50

  	
   

  	
  Clintwood

  	
   

  	
  J. L. Litz 1/3 fo 169.5

  	
   

  	
  Dickenson

  	
   

  	
  32

  	
   

  	
  110

  	
   

  
	
   

  	
  T 733

  	
   

  	
  J. L. Litz

  	
   

  	
  2/25/1913

  	
   

  	
  18.55

  	
   

  	
  Clintwood

  	
   

  	
  J. L. Litz (B. F. Sykes)

  	
   

  	
  Dickenson

  	
   

  	
  33

  	
   

  	
  105

  	
   

  
	
   

  	
  T 734

  	
   

  	
  J. L. Litz

  	
   

  	
  2/25/1913

  	
   

  	
  138.15

  	
   

  	
  Clintwood

  	
   

  	
  J. L. Litz (Jas. Fleming)

  	
   

  	
  Dickenson

  	
   

  	
  33

  	
   

  	
  105

  	
   

  



 


29

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T 735

  	
   

  	
  J. L. Litz

  	
   

  	
  2/25/1913

  	
   

  	
  47.46

  	
   

  	
  Clintwood

  	
   

  	
  J. L. Litz (C. Phipps)

  	
   

  	
  Dickenson

  	
   

  	
  33

  	
   

  	
  105

  	
   

  
	
   

  	
  T 736

  	
   

  	
  J. L. Litz

  	
   

  	
  2/25/1913

  	
   

  	
  180.73

  	
   

  	
  Clintwood

  	
   

  	
  J. L. Litz

  	
   

  	
  Dickenson

  	
   

  	
  33

  	
   

  	
  105

  	
   

  
	
   

  	
  T 737

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  719.00

  	
   

  	
  Clintwood

  	
   

  	
  William McFall

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 738

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  100.00

  	
   

  	
  Clintwood

  	
   

  	
  G. W. Meade

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 739

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  21.91

  	
   

  	
  Clintwood

  	
   

  	
  Esaw & Louisa Mullins 1/2 int in 43.83 Acres

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 740

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  100.58

  	
   

  	
  Clintwood

  	
   

  	
  David W. Meade

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 741

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  36.19

  	
   

  	
  Clintwood

  	
   

  	
  J. C. Mooney

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 742

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  83.71

  	
   

  	
  Clintwood

  	
   

  	
  John Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 743

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  35.04

  	
   

  	
  Clintwood

  	
   

  	
  Naomi Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 744

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  60.02

  	
   

  	
  Clintwood

  	
   

  	
  Andrew Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 745

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  135.73

  	
   

  	
  Clintwood

  	
   

  	
  M. C. B. Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 746

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  95.25

  	
   

  	
  Clintwood

  	
   

  	
  Ison Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 747

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  51.16

  	
   

  	
  Clintwood

  	
   

  	
  I. T. Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 748

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  164.71

  	
   

  	
  Clintwood

  	
   

  	
  Spencer Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 749

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  65.97

  	
   

  	
  Clintwood

  	
   

  	
  Jno. Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 750

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  59.93

  	
   

  	
  Clintwood

  	
   

  	
  Isom Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 751

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  151.52

  	
   

  	
  Clintwood

  	
   

  	
  Andrew Moore

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 752

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  75.68

  	
   

  	
  Clintwood

  	
   

  	
  Presto Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 753

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  75.75

  	
   

  	
  Clintwood

  	
   

  	
  Preston Moore

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 754

  	
   

  	
  Cranes Nest Coal &
  Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  189.65

  	
   

  	
  Clintwood

  	
   

  	
  John Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 755

  	
   

  	
  Carl Mullins

  	
   

  	
  6/17/1953

  	
   

  	
  24.05

  	
   

  	
  Clintwood

  	
   

  	
  Carl Mullins

  	
   

  	
  Dickenson

  	
   

  	
  106

  	
   

  	
  217

  	
   

  
	
   

  	
  T 756

  	
   

  	
  Morrison Mullins

  	
   

  	
  10/21/1953

  	
   

  	
  20.95

  	
   

  	
  Clintwood

  	
   

  	
  Simon P. Mullins

  	
   

  	
  Dickenson

  	
   

  	
  106

  	
   

  	
  575

  	
   

  
	
   

  	
  T 757

  	
   

  	
  Alice Mullins

  	
   

  	
  6/23/1953

  	
   

  	
  6.17

  	
   

  	
  Clintwood

  	
   

  	
  Simon Mullins

  	
   

  	
  Dickenson

  	
   

  	
  106

  	
   

  	
  230

  	
   

  



 


30

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T 758

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  150.50

  	
   

  	
  Clintwood

  	
   

  	
  J. F. Porter

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 759

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  28.19

  	
   

  	
  Clintwood

  	
   

  	
  B. R. Powers

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 760

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  88.85

  	
   

  	
  Clintwood

  	
   

  	
  Matilda Price

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 761

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  85.00

  	
   

  	
  Clintwood

  	
   

  	
  Amos Reed

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 762

  	
   

  	
  Sylvan Richardson et als

  	
   

  	
  1/21/1948

  	
   

  	
  36.75

  	
   

  	
  Clintwood

  	
   

  	
  Sylvan Richardson (M. S. Dotson)

  	
   

  	
  Dickenson

  	
   

  	
  91

  	
   

  	
  507

  	
   

  
	
   

  	
  T 763

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  35.37

  	
   

  	
  Clintwood

  	
   

  	
  L. C. Ramey

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 764

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  42.24

  	
   

  	
  Clintwood

  	
   

  	
  M. A. Remines

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 765

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  12/16/1935

  	
   

  	
  247.00

  	
   

  	
  Clintwood

  	
   

  	
  W. R. Reedy

  	
   

  	
  Dickenson

  	
   

  	
  68

  	
   

  	
  501

  	
   

  
	
   

  	
  T 766

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  115.00

  	
   

  	
  Clintwood

  	
   

  	
  W. Reedy

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 767

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  242.41

  	
   

  	
  Clintwood

  	
   

  	
  W. R. Reedy

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 768

  	
   

  	
  W. M. Ritter Lumber Co.

  	
   

  	
  5/1/1974

  	
   

  	
  111.34

  	
   

  	
  Clintwood

  	
   

  	
  N. F. Ramey

  	
   

  	
  Dickenson

  	
   

  	
  90

  	
   

  	
  76

  	
   

  
	
   

  	
  T 769

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  312.16

  	
   

  	
  Clintwood

  	
   

  	
  Elias J. Rose

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 770

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  239.00

  	
   

  	
  Clintwood

  	
   

  	
  Jas. Stanley

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 771

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  12/16/1935

  	
   

  	
  37.77

  	
   

  	
  Clintwood

  	
   

  	
  Nathan Stanley

  	
   

  	
  Dickenson

  	
   

  	
  68

  	
   

  	
  489

  	
   

  
	
   

  	
  T 772

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  57.24

  	
   

  	
  Clintwood

  	
   

  	
  L. A. Smith

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 773

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  411.24

  	
   

  	
  Clintwood

  	
   

  	
  E. A. Smith

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 774

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  113.72

  	
   

  	
  Clintwood

  	
   

  	
  E. A. Smith

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 775

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  49.10

  	
   

  	
  Clintwood

  	
   

  	
  M. J. Shores

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 776

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  87.91

  	
   

  	
  Clintwood

  	
   

  	
  George Stanley

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 777

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  107.56

  	
   

  	
  Clintwood

  	
   

  	
  Joseph Stanley

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 778

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  47.00

  	
   

  	
  Clintwood

  	
   

  	
  Larking Stanley

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 779

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  121.28

  	
   

  	
  Clintwood

  	
   

  	
  J. C. Speer (Bond-Bruce)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 780

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  247.00

  	
   

  	
  Clintwood

  	
   

  	
  J. P. Vanover

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 781

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  288.75

  	
   

  	
  Clintwood

  	
   

  	
  Allen Vanover

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 782

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  107.46

  	
   

  	
  Clintwood

  	
   

  	
  Eli Vanover

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 783

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  54.95

  	
   

  	
  Clintwood

  	
   

  	
  J. H. Vanover

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 784

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  293.35

  	
   

  	
  Clintwood

  	
   

  	
  Wm. & lra Vanover

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  



 


31

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
    T 785

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  153.51

  	
   

  	
  Clintwood

  	
   

  	
  Wm. Vanover (W. J. Keel)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
    T 786

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  51.50

  	
   

  	
  Clintwood

  	
   

  	
  T. G. Wells-M. B. Swindall

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
    T 787

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  33.32

  	
   

  	
  Clintwood

  	
   

  	
  G. W. Whitt

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
    T 788

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  36.56

  	
   

  	
  Clintwood

  	
   

  	
  J. L. Wallen

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
    T 789

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  104.75

  	
   

  	
  Clintwood

  	
   

  	
  W. B. J. Wright

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
    T 790

  	
   

  	
  Burns Willis

  	
   

  	
  9/24/1953

  	
   

  	
  19.08

  	
   

  	
  Clintwood

  	
   

  	
  Burns Willis

  	
   

  	
  Dickenson

  	
   

  	
  106

  	
   

  	
  496

  	
   

  
	
   

  	
    T 791

  	
   

  	
  A. H. Willis

  	
   

  	
  9/24/1953

  	
   

  	
  13.56

  	
   

  	
  Clintwood

  	
   

  	
  A. H. Willis

  	
   

  	
  Dickenson

  	
   

  	
  106

  	
   

  	
  493

  	
   

  
	
   

  	
    T 792

  	
   

  	
  Estel C. Willis

  	
   

  	
  9/24/1953

  	
   

  	
  17.06

  	
   

  	
  Clintwood

  	
   

  	
  Estel C. Willis

  	
   

  	
  Dickenson

  	
   

  	
  106

  	
   

  	
  494

  	
   

  
	
   

  	
    T 793

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  371.28

  	
   

  	
  Clintwood

  	
   

  	
  Jacob Yates

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
    T 794

  	
   

  	
  Jacob C. Elkins

  	
   

  	
  11/5/1954

  	
   

  	
  49.00

  	
   

  	
  Clintwood

  	
   

  	
  Jacob Elkins

  	
   

  	
  Dickenson

  	
   

  	
  108

  	
   

  	
  182

  	
   

  
	
   

  	
  TL 795

  	
   

  	
  Warren Herald Trivitt & Wife

  	
   

  	
  1/30/1950

  	
   

  	
  244.00

  	
   

  	
  Clintwood

  	
   

  	
  Isaac Kilgore

  	
   

  	
  Dickenson

  	
   

  	
  98

  	
   

  	
  351

  	
   

  
	
   

  	
  TL 796

  	
   

  	
  W. B. Trivitt & Wife

  	
   

  	
  12/30/1949

  	
   

  	
  437.25

  	
   

  	
  Clintwood

  	
   

  	
  7 Various Tracts

  	
   

  	
  Dickenson

  	
   

  	
  99

  	
   

  	
  15

  	
   

  
	
   

  	
  TL 797

  	
   

  	
  Wiley Bums Tribitt & Wife

  	
   

  	
  12/30/1949

  	
   

  	
  206.39

  	
   

  	
  Clintwood

  	
   

  	
  Isaac Kilgore

  	
   

  	
  Dickenson

  	
   

  	
  96

  	
   

  	
  337

  	
   

  
	
   

  	
  TL 798

  	
   

  	
  Emary Vanover & Wife

  	
   

  	
  1/17/1950

  	
   

  	
  75.48

  	
   

  	
  Clintwood

  	
   

  	
  J. W. Willis

  	
   

  	
  Dickenson

  	
   

  	
  98

  	
   

  	
  321

  	
   

  
	
   

  	
  TL 799

  	
   

  	
  Ethel A. Hughes & Husband

  	
   

  	
  2/20/1950

  	
   

  	
  43.00

  	
   

  	
  Clintwood

  	
   

  	
  John Yates

  	
   

  	
  Dickenson

  	
   

  	
  99

  	
   

  	
  115

  	
   

  
	
   

  	
    T 800

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  47.08

  	
   

  	
  Willis

  	
   

  	
  Jno. M. Artrip

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
    T 801

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  122.81

  	
   

  	
  Willis

  	
   

  	
  James Artrip

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
    T 802

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  50.11

  	
   

  	
  Willis

  	
   

  	
  Eli Bartley

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
    T 803

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  250.07

  	
   

  	
  Willis

  	
   

  	
  J. R. Belcher (CC. Woods)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
    T 804

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  116.45

  	
   

  	
  Willis

  	
   

  	
  J. R. Belcher

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
    T 805

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  32.93

  	
   

  	
  Willis

  	
   

  	
  Dreary Bartley

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
    T 806

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  88.00

  	
   

  	
  Willis

  	
   

  	
  John Cartrel

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
    T 807

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  62.00

  	
   

  	
  Willis

  	
   

  	
  J. F. Colley

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
    T 808

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  71.00

  	
   

  	
  Willis

  	
   

  	
  Issac Cochran

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
    T 809

  	
   

  	
  Ellen W. Duryea

  	
   

  	
  1/10/1914

  	
   

  	
  163.74

  	
   

  	
  Willis

  	
   

  	
  E. W. Duryea

  	
   

  	
  Dickenson

  	
   

  	
  33

  	
   

  	
  431

  	
   

  
	
   

  	
    T 810

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  417.34

  	
   

  	
  Willis

  	
   

  	
  W. N. Davis

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
    T 811

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  90.50

  	
   

  	
  Willis

  	
   

  	
  J. W. Davis

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
    T 812

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  428.10

  	
   

  	
  Willis

  	
   

  	
  Eli Davis

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
    T 813

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  273.38

  	
   

  	
  Willis

  	
   

  	
  James Fleming

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  



 


32
















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T 814

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  92.57

  	
   

  	
  Willis

  	
   

  	
  James Fleming

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 815

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  92.57

  	
   

  	
  Willis

  	
   

  	
  James Fleming

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 816

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  81.50

  	
   

  	
  Willis

  	
   

  	
  Jeptha Hill

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 817

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  96.46

  	
   

  	
  Willis

  	
   

  	
  Cain Hill

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 818

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  237.61

  	
   

  	
  Willis

  	
   

  	
  J. C. Kerr

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 819

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  22.86

  	
   

  	
  Willis

  	
   

  	
  C. & J. P. Kilgore

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 820

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  66.46

  	
   

  	
  Willis

  	
   

  	
  Edom Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 821

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  42.24

  	
   

  	
  Willis

  	
   

  	
  J. P. Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 822

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  121.02

  	
   

  	
  Willis

  	
   

  	
  Wm. L. Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 823

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  61.74

  	
   

  	
  Willis

  	
   

  	
  Timothy Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 824

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  54.00

  	
   

  	
  Willis

  	
   

  	
  Issac Moore

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 825

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  7.11

  	
   

  	
  Willis

  	
   

  	
  Issac Moore

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 826

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  25.89

  	
   

  	
  Willis

  	
   

  	
  Issac Moore

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 827

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  157.00

  	
   

  	
  Willis

  	
   

  	
  Alex Moore

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 828

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  203.54

  	
   

  	
  Willis

  	
   

  	
  Sol. Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 829

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  67.58

  	
   

  	
  Willis

  	
   

  	
  Sol. Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 830

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  51.52

  	
   

  	
  Willis

  	
   

  	
  Geo. Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 831

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  49.00

  	
   

  	
  Willis

  	
   

  	
  Wm. Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 832

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  113.85

  	
   

  	
  Willis

  	
   

  	
  L. Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 833

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  69.16

  	
   

  	
  Willis

  	
   

  	
  Wm. F. Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 834

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  12.47

  	
   

  	
  Willis

  	
   

  	
  G. J. Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 835

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  66.00

  	
   

  	
  Willis

  	
   

  	
  Dr. Mc. Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 836

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  53.50

  	
   

  	
  Willis

  	
   

  	
  D. E. Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 837

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  43.00

  	
   

  	
  Willis

  	
   

  	
  D. E. Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 838

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  62.85

  	
   

  	
  Willis

  	
   

  	
  D. H. Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 839

  	
   

  	
  Cranes Nest Coal &
  Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  96.11

  	
   

  	
  Willis

  	
   

  	
  Spencer Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T 840

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  39.00

  	
   

  	
  Willis

  	
   

  	
  Thomas Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
   

  	
  T 841

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  44.00

  	
   

  	
  Willis

  	
   

  	
  Thomas Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  



 


33

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T 842

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  23.29

  	
   

  	
  Willis

  	
   

  	
  J. B. Newberry

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 843

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  50.47

  	
   

  	
  Willis

  	
   

  	
  J. B. Newberry

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 844

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  121.66

  	
   

  	
  Willis

  	
   

  	
  d. P. Newberry

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 845

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  253.67

  	
   

  	
  Willis

  	
   

  	
  Barbara Owens

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 846

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  37.90

  	
   

  	
  Willis

  	
   

  	
  Barbara Owens

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 847

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  83.71

  	
   

  	
  Willis

  	
   

  	
  David Puckett

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 848

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  240.74

  	
   

  	
  Willis

  	
   

  	
  J. H. Robinson

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 849

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  207.92

  	
   

  	
  Willis

  	
   

  	
  H. H. Rakes

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 850

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  199.36

  	
   

  	
  Willis

  	
   

  	
  John G. Rakes

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 851

  	
   

  	
  Dominion Coal Co.

  	
   

  	
  3/15/1907

  	
   

  	
  104.00

  	
   

  	
  Willis

  	
   

  	
  Thos. C. Rakes

  	
   

  	
  Dickenson

  	
   

  	
  28

  	
   

  	
  200

  	
   

  
	
  T 852

  	
   

  	
  Tarpon Coal & Coke Co.

  	
   

  	
  2/20/1915

  	
   

  	
  45.41

  	
   

  	
  Willis

  	
   

  	
  W. A. R. Robinson (J. D. Yates)

  	
   

  	
  Dickenson

  	
   

  	
  36

  	
   

  	
  1

  	
   

  
	
  T 853

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  12/16/1935

  	
   

  	
  112.50

  	
   

  	
  Willis

  	
   

  	
  Skeen, Trivett & Friend

  	
   

  	
  Dickenson

  	
   

  	
  68

  	
   

  	
  501

  	
   

  
	
  T 854

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  158.03

  	
   

  	
  Willis

  	
   

  	
  Wm. M. Sifers

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T 855

  	
   

  	
  Horace Hardaway

  	
   

  	
  6/10/1914

  	
   

  	
  128.75

  	
   

  	
  Willis

  	
   

  	
  B. F. Sykes Heirs

  	
   

  	
  Dickenson

  	
   

  	
  33

  	
   

  	
  586

  	
   

  
	
  T 856

  	
   

  	
  Horace Hardaway

  	
   

  	
  6/10/1914

  	
   

  	
  21.67

  	
   

  	
  Willis

  	
   

  	
  Nannie E. Epling

  	
   

  	
  Dickenson

  	
   

  	
  33

  	
   

  	
  586

  	
   

  
	
  T 857

  	
   

  	
  Tarpon Coal & Coke Co.

  	
   

  	
  2/20/1915

  	
   

  	
   25.47

  	
   

  	
  Willis

  	
   

  	
  J. S. Sykes

  	
   

  	
  Dickenson

  	
   

  	
  36

  	
   

  	
  1

  	
   

  
	
  T 858

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  245.67

  	
   

  	
  Willis

  	
   

  	
  Andrew Willis

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 859

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  110.17

  	
   

  	
  Willis

  	
   

  	
  Andrew Willis

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T 860

  	
   

  	
  Tarpon Coal & Coke Co.

  	
   

  	
  2/20/1915

  	
   

  	
  1465.00

  	
   

  	
  Willis

  	
   

  	
  Tarpon Coal & Coke Co.

  	
   

  	
  Dickenson

  	
   

  	
  36

  	
   

  	
  1

  	
   

  
	
  T 861

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  60.70

  	
   

  	
  Kennedy

  	
   

  	
  J. W. Mullins (S. Mullins)

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 862

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  59.65

  	
   

  	
  Kennedy

  	
   

  	
   

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 863

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  63.30

  	
   

  	
  Kennedy

  	
   

  	
   

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 864

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  340.07

  	
   

  	
  Clintwood

  	
   

  	
  Isom Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  



 


34

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T 865

  	
   

  	
  Elijah Kiser Heirs, et al

  	
   

  	
  9/23/1909

  	
   

  	
  94.00

  	
   

  	
  Cleveland

  	
   

  	
  Elijah Kiser Heirs

  	
   

  	
  Russell

  	
   

  	
  45

  	
   

  	
  155

  	
   

  
	
  T 866

  	
   

  	
  Dawson Coal & Coke Co.

  	
   

  	
  12/16/1935

  	
   

  	
  172.50

  	
   

  	
  Cleveland

  	
   

  	
  Daniel Kiser

  	
   

  	
  Russell

  	
   

  	
  92

  	
   

  	
  453

  	
   

  
	
  T 867

  	
   

  	
   

  	
   

  	
  5/18/1909

  	
   

  	
  173.96

  	
   

  	
  Castlewood

  	
   

  	
  Elishu Sutherland

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 868

  	
   

  	
   

  	
   

  	
  4/23/1909

  	
   

  	
  2.54

  	
   

  	
  Castlewood

  	
   

  	
  Mary Luckman

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 869

  	
   

  	
   

  	
   

  	
  6/4/1906

  	
   

  	
  99.00

  	
   

  	
  Castlewood

  	
   

  	
  S. D. May

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 870

  	
   

  	
   

  	
   

  	
  6/4/1906

  	
   

  	
  566.41

  	
   

  	
  Hurricane

  	
   

  	
  Jas. H. Smith

  	
   

  	
  Buchanan & Russel

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 871

  	
   

  	
   

  	
   

  	
  6/4/1906

  	
   

  	
  273.00

  	
   

  	
  Hurricane

  	
   

  	
  Isiah Duty

  	
   

  	
  Buchanan

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 872

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  52.47

  	
   

  	
   

  	
   

  	
  W. H. Johnson

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 873

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  915.64

  	
   

  	
  Cleveland

  	
   

  	
  W. J. Grizzle

  	
   

  	
  Russell

  	
   

  	
  44

  	
   

  	
  152

  	
   

  
	
  T 874

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  122.00

  	
   

  	
  Gladeville

  	
   

  	
  Bevins, J. H. & S. Rose

  	
   

  	
  Wise

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
  T 875

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  12/16/1935

  	
   

  	
  248.77

  	
   

  	
  Gladeville

  	
   

  	
  Horn, John W. (E. G. Willard)

  	
   

  	
  Wise

  	
   

  	
  219

  	
   

  	
  282

  	
   

  
	
  T 876

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  57.95

  	
   

  	
  Gladeville

  	
   

  	
  Redwine, B. B.

  	
   

  	
  Wise

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
  T 877

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  113.75

  	
   

  	
  Gladeville

  	
   

  	
  Redwine, B. B.

  	
   

  	
  Wise

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
  T 878

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  98.11

  	
   

  	
  Gladeville

  	
   

  	
  Stallard, A. J.

  	
   

  	
  Wise

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
  T 879

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  37.00

  	
   

  	
  Gladeville

  	
   

  	
  Stallard, A. J.

  	
   

  	
  Wise

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
  T 880

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  87.09

  	
   

  	
  Gladeville

  	
   

  	
  Stallard, A. J.

  	
   

  	
  Wise

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
  T 881

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  45.50

  	
   

  	
  Gladeville

  	
   

  	
  Stallard, A. J.

  	
   

  	
  Wise

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
  T 882

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  13.50

  	
   

  	
  Gladeville

  	
   

  	
  Stallard, A. J.

  	
   

  	
  Wise

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
  T 883

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  106.00

  	
   

  	
  Gladeville

  	
   

  	
  Stallard, D. A. Sr.

  	
   

  	
  Wise

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
  T 884

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  55.00

  	
   

  	
  Gladeville

  	
   

  	
  Stallard, D. A. Sr.

  	
   

  	
  Wise

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
  T 885

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  283.00

  	
   

  	
  Gladeville

  	
   

  	
  Plummer, Henry C.

  	
   

  	
  Wise

  	
   

  	
  97

  	
   

  	
  245

  	
   

  
	
  T 886

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  165.09

  	
   

  	
  Gladeville

  	
   

  	
  Powers, D. C.

  	
   

  	
  Wise

  	
   

  	
  97

  	
   

  	
  245

  	
   

  
	
  T 887

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  185.04

  	
   

  	
  Gladeville

  	
   

  	
  Powers, W. A.

  	
   

  	
  Wise

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
  T 888

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  597.83

  	
   

  	
  Lipps

  	
   

  	
  Blackwell, Martha J.

  	
   

  	
  Wise

  	
   

  	
  94

  	
   

  	
  463

  	
   

  



 


35

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T 889

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  115.30

  	
   

  	
  Lipps

  	
   

  	
  Dunn, Tract

  	
   

  	
  Wise & Dickenson

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
  T 890

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  457.42

  	
   

  	
  Lipps

  	
   

  	
  Fuller, N. R.

  	
   

  	
  Wise

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
  T 891

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  181.63

  	
   

  	
  Lipps

  	
   

  	
  Henry, M. E. & W. R.

  	
   

  	
  Wise

  	
   

  	
  219

  	
   

  	
  282

  	
   

  
	
  T 892

  	
   

  	
  V. I. C. & C. Company

  	
   

  	
  5/1/1913

  	
   

  	
  33.72

  	
   

  	
  Lipps

  	
   

  	
  Horn, Courtright

  	
   

  	
  Wise

  	
   

  	
  152

  	
   

  	
  230

  	
   

  
	
  T 893

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  1.74

  	
   

  	
  Lipps

  	
   

  	
  Hylton, J. G.

  	
   

  	
  Wise

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
  T 894

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  19.97

  	
   

  	
  Lipps

  	
   

  	
  Hylton, J. G.

  	
   

  	
  Wise

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
  T 895

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  74.93

  	
   

  	
  Lipps

  	
   

  	
  Kiser, Cummins

  	
   

  	
  Wise

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
  T 896

  	
   

  	
  V. I. C. & C. Company

  	
   

  	
  5/1/1913

  	
   

  	
  11.96

  	
   

  	
  Lipps

  	
   

  	
  Banner, D. K

  	
   

  	
  Wise

  	
   

  	
  152

  	
   

  	
  282

  	
   

  
	
  T 897

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  2.52

  	
   

  	
  Lipps

  	
   

  	
  Dunn, Tract (Ollie J. Funk)

  	
   

  	
  Wise

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
  T 898

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  93.36

  	
   

  	
  Lipps

  	
   

  	
  Hale, Issac M.

  	
   

  	
  Wise & Dickenson

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
  T 901

  	
   

  	
  W. T. Adkins, et al

  	
   

  	
  3/24/1919

  	
   

  	
  33.79

  	
   

  	
  Lipps

  	
   

  	
  Adkins, W. T.

  	
   

  	
  Wise

  	
   

  	
  136

  	
   

  	
  412

  	
   

  
	
  T 903

  	
   

  	
  Roberson, C. E., et al

  	
   

  	
  10/30/1931

  	
   

  	
  58.12

  	
   

  	
  Lipps

  	
   

  	
  Roberson, E. C.

  	
   

  	
  Wise

  	
   

  	
  204

  	
   

  	
  202

  	
   

  
	
  T 904

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  24.61

  	
   

  	
  Roberson

  	
   

  	
  Holdway, H. H.

  	
   

  	
  Wise

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
  T 905

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  433.28

  	
   

  	
  Roberson

  	
   

  	
  Hudson, William

  	
   

  	
  Wise

  	
   

  	
  97

  	
   

  	
  248

  	
   

  
	
  T 906

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  176.50

  	
   

  	
  Roberson

  	
   

  	
  McFall, William

  	
   

  	
  Wise & Dickenson

  	
   

  	
  97

  	
   

  	
  248

  	
   

  
	
  T 907

  	
   

  	
  W. J. & R. L. McLemore, et ux

  	
   

  	
  12/20/1910

  	
   

  	
  245.55

  	
   

  	
  Roberson

  	
   

  	
  McLemore, R. L. & W. J.

  	
   

  	
  Wise

  	
   

  	
  104

  	
   

  	
  340

  	
   

  
	
  T 908

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  189.19

  	
   

  	
  Roberson

  	
   

  	
  Powers, Jackson

  	
   

  	
  Wise

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
  T 909

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  17.00

  	
   

  	
  Roberson

  	
   

  	
  Powers, Jackson

  	
   

  	
  Wise

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
  T 910

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  268.39

  	
   

  	
  Roberson

  	
   

  	
  Baker, Mahala

  	
   

  	
  Wise

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
  T 911

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  141.00

  	
   

  	
  Roberson

  	
   

  	
  Baker, Richard

  	
   

  	
  Wise

  	
   

  	
  97

  	
   

  	
  245

  	
   

  
	
  T 912

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  95.50

  	
   

  	
  Roberson

  	
   

  	
  Baker, Wm. J.

  	
   

  	
  Wise

  	
   

  	
  97

  	
   

  	
  245

  	
   

  
	
  T 913

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  119.00

  	
   

  	
  Roberson

  	
   

  	
  Dotson, M. D. L.

  	
   

  	
  Wise & Dickenson

  	
   

  	
  94

  	
   

  	
  463

  	
   

  



 


36

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T 914

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  27.31

  	
   

  	
  Roberson

  	
   

  	
  (Surf) Hudson,
  Wm. (Okla Collins)

  	
   

  	
  Wise

  	
   

  	
  97

  	
   

  	
  245

  	
   

  
	
  T 915

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  278.00

  	
   

  	
  Roberson

  	
   

  	
  McFall, William

  	
   

  	
  Wise

  	
   

  	
  97

  	
   

  	
  245

  	
   

  
	
  T 916

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  713.75

  	
   

  	
  Roberson

  	
   

  	
  McFall, William

  	
   

  	
  Wise

  	
   

  	
  97

  	
   

  	
  245

  	
   

  
	
  T 917

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  85.00

  	
   

  	
  Roberson

  	
   

  	
  Mullins, Wilson

  	
   

  	
  Wise

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
  T 918

  	
   

  	
  Clinchfield Coal Co.

  	
   

  	
  6/4/1906

  	
   

  	
  75.70

  	
   

  	
  Roberson

  	
   

  	
  Whitt, Richard

  	
   

  	
  Wise

  	
   

  	
  97

  	
   

  	
  245

  	
   

  
	
  T 919

  	
   

  	
  Cranes Nest Coal & Coke Co.

  	
   

  	
  6/4/1906

  	
   

  	
  145.00

  	
   

  	
  Roberson

  	
   

  	
  Branham, Martin

  	
   

  	
  Wise & Dickenson

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
  T 925

  	
   

  	
  Napoleon B. Dotson, et ux

  	
   

  	
  6/20/1927

  	
   

  	
  74.25

  	
   

  	
  Roberson

  	
   

  	
  Cantrell, James

  	
   

  	
  Wise

  	
   

  	
  186

  	
   

  	
  34

  	
   

  
	
  T 926

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  20.62

  	
   

  	
  Castlewood

  	
   

  	
  N. Y. M. & M. Company

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 927

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  54.94

  	
   

  	
   

  	
   

  	
  Chs. W. Dickerson

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 928

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  47.99

  	
   

  	
  Castlewood

  	
   

  	
  N. Y. M. & M. Company

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 929

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  71.57

  	
   

  	
   

  	
   

  	
  John Dickerson

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 930

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  61.62

  	
   

  	
   

  	
   

  	
  N. K. Rasnake

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 931

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  38.48

  	
   

  	
  Cleveland

  	
   

  	
  Harmon Kiser Heirs

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 932

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  31.00

  	
   

  	
  Cleveland

  	
   

  	
  nancy Kiser Counts

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 933

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  34.00

  	
   

  	
  Cleveland

  	
   

  	
  Sarah Edna Kiser

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 934

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  32.00

  	
   

  	
  Cleveland

  	
   

  	
  Luther Kiser Heirs

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 935

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  809.00

  	
   

  	
   

  	
   

  	
  J. H. Addington

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 936

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  165.42

  	
   

  	
   

  	
   

  	
  Emily Boatwright

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 937

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  178.57

  	
   

  	
   

  	
   

  	
  Levi Hoback

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 938

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  207.18

  	
   

  	
   

  	
   

  	
  Lucinda Horn

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 939

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  102.00

  	
   

  	
   

  	
   

  	
  Steve Horn

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 940

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  96.44

  	
   

  	
   

  	
   

  	
  Steve Horn

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 941

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  15.07

  	
   

  	
   

  	
   

  	
  Steve Horn

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 942

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  100.54

  	
   

  	
   

  	
   

  	
  Joseph Addington

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


37
















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T 943

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  310.84

  	
   

  	
   

  	
   

  	
  Joseph Addington

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 944

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  50.00

  	
   

  	
   

  	
   

  	
  ?

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 945

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  118.00

  	
   

  	
   

  	
   

  	
  R. C. Dale

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 946

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  13.50

  	
   

  	
  Gladeville

  	
   

  	
  W. H. Gardner

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 947

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  167.75

  	
   

  	
   

  	
   

  	
  William H. Gardner

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 948

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  150.00

  	
   

  	
   

  	
   

  	
  William H. Gardner

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 949

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  142.00

  	
   

  	
   

  	
   

  	
  Jeff Hunsucker

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 950

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  75.00

  	
   

  	
   

  	
   

  	
  Frank Kilgore

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 951

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  11.25

  	
   

  	
   

  	
   

  	
  I. F. Wampler

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 952

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  23.06

  	
   

  	
   

  	
   

  	
  John Adkins, Jr.

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 953

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  0.08

  	
   

  	
  Lipps

  	
   

  	
  D. K. Banner

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 954

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  80.75

  	
   

  	
  Lipps

  	
   

  	
  G. W. Ramsey

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 955

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  0.44

  	
   

  	
   

  	
   

  	
  Sam’l Horn

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 956

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  29.92

  	
   

  	
   

  	
   

  	
  B. W. Alley

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 957

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  48.07

  	
   

  	
   

  	
   

  	
  B. W. Alley

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 958

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  14.22

  	
   

  	
   

  	
   

  	
  B. W. Alley

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 959

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  255.10

  	
   

  	
   

  	
   

  	
  Ellen V. Alley

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 960

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  38.63

  	
   

  	
  Lipps

  	
   

  	
  John D. Bolling

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 961

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  166.00

  	
   

  	
   

  	
   

  	
  Martin Branham

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 962

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  3216.77

  	
   

  	
   

  	
   

  	
  J. T. Chase

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 963

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  17.29

  	
   

  	
   

  	
   

  	
  Caleb Collins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 964

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  104.16

  	
   

  	
   

  	
   

  	
  D. T. Dotson

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 965

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  97.50

  	
   

  	
   

  	
   

  	
  W. P. Dotson

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 966

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  345.76

  	
   

  	
  Lipps

  	
   

  	
  E. M. Fulton, Com’r

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 967

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  100.00

  	
   

  	
   

  	
   

  	
  Milburn Gilliam

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 968

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  67.57

  	
   

  	
   

  	
   

  	
  Milburn Gilliam

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 969

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  73.11

  	
   

  	
  Lipps

  	
   

  	
  W. N. & J. R. Hamilton

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


38

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T 970

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  101.00

  	
   

  	
   

  	
   

  	
  D. J. Hubbard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 971

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  142.50

  	
   

  	
   

  	
   

  	
  J. A. Mann

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 972

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  70.50

  	
   

  	
   

  	
   

  	
  Levi Perry

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 973

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  78.75

  	
   

  	
   

  	
   

  	
  J. H. Roberson

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 974

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  10.75

  	
   

  	
  Lipps

  	
   

  	
  A. J. Stallard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 975

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  47.00

  	
   

  	
  Lipps

  	
   

  	
  T.G. Wells

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 976

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  69.56

  	
   

  	
   

  	
   

  	
  B. W. Alley

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 977

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  95.00

  	
   

  	
   

  	
   

  	
  B. W. Alley

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 978

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  255.00

  	
   

  	
   

  	
   

  	
  Ellen V. Alley

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 979

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  44.31

  	
   

  	
  Roberson

  	
   

  	
  Ellen V. Alley

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 980

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  0.59

  	
   

  	
  Roberson

  	
   

  	
  Ellen V. Alley

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 981

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  122.00

  	
   

  	
   

  	
   

  	
  C. M. Baker

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 982

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  13.50

  	
   

  	
  Roberson

  	
   

  	
  S. J. Baker

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 983

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  80.00

  	
   

  	
   

  	
   

  	
  Silas Boggs

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 984

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  150.00

  	
   

  	
   

  	
   

  	
  Elizabeth Branham

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 985

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  68.00

  	
   

  	
   

  	
   

  	
  Martin Carter

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 986

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  22.00

  	
   

  	
   

  	
   

  	
  Caleb Collins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 987

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  44.36

  	
   

  	
   

  	
   

  	
  S. J. Collins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 988

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  36.05

  	
   

  	
  Roberson

  	
   

  	
  C. C. Cox

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 989

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  84.00

  	
   

  	
   

  	
   

  	
  ?

  	
   

  	
  Wise & Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 990

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  990.50

  	
   

  	
   

  	
   

  	
  Amanda E. Fulton

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 991

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  51.25

  	
   

  	
   

  	
   

  	
  Milburn Gilliam

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 992

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  40.00

  	
   

  	
   

  	
   

  	
  Milburn Gilliam

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 993

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  46.50

  	
   

  	
   

  	
   

  	
  Milburn Gilliam

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 994

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  38.00

  	
   

  	
   

  	
   

  	
  Milburn Gilliam

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 995

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  69.93

  	
   

  	
   

  	
   

  	
  Milburn Gilliam

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 996

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  80.00

  	
   

  	
   

  	
   

  	
  R. P. Hamilton

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 997

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  79.00

  	
   

  	
   

  	
   

  	
  W. J. Holifield

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 998

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  86.00

  	
   

  	
   

  	
   

  	
  D. J. Hubbard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T 999

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  131.00

  	
   

  	
   

  	
   

  	
  J. W. Kilgore

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


39

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T 1000

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  47.00

  	
   

  	
   

  	
   

  	
  J. A. Mann

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T 1001

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  713.75

  	
   

  	
   

  	
   

  	
  James McPeak

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T 1002

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  125.00

  	
   

  	
  Roberson

  	
   

  	
  James McPeak

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T 1003

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  118.00

  	
   

  	
  Roberson

  	
   

  	
  Henry Mullins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T 1004

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  54.29

  	
   

  	
   

  	
   

  	
  Morgan Mullins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T 1005

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  139.00

  	
   

  	
   

  	
   

  	
  Riley Mullins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T 1006

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  209.00

  	
   

  	
  Roberson

  	
   

  	
  Riley Mullins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T 1007

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  160.00

  	
   

  	
   

  	
   

  	
  William Mullins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T 1008

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  90.00

  	
   

  	
   

  	
   

  	
  J. C. Richman

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T 1009

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  68.69

  	
   

  	
  Roberson

  	
   

  	
  J. C. Richmond

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T 1010

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  110.00

  	
   

  	
  Roberson

  	
   

  	
  Henry Mullins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T 1011

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  37.00

  	
   

  	
   

  	
   

  	
  T. M. Roberson

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T 1012

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  281.00

  	
   

  	
   

  	
   

  	
  ?

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T 1013

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  106.59

  	
   

  	
  Roberson

  	
   

  	
  W. P. Whittaker

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T 1014

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  34.15

  	
   

  	
   

  	
   

  	
  S. E Ramsey

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T 1015

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  42.30

  	
   

  	
   

  	
   

  	
  E. S. Ramsey

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T 1016

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  42.00

  	
   

  	
   

  	
   

  	
  S. E. Ramsey

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T 1017

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  24.97

  	
   

  	
   

  	
   

  	
  S. E. Ramsey

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T 1018

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  1659.61

  	
   

  	
   

  	
   

  	
  J. F. McElhenney

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T 1019

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  104.06

  	
   

  	
   

  	
   

  	
  R. W. Dickerson

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T 1020

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  98.86

  	
   

  	
   

  	
   

  	
  Adam H. Dickenson

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T 1021

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  118.22

  	
   

  	
   

  	
   

  	
  J.D. Harrison tr 8 NYM&M

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T2 1

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  224.00

  	
   

  	
  Jenkins E.

  	
   

  	
  W. A. Donaldson
  (M)

  	
   

  	
  Dickenson

  	
   

  	
  20

  	
   

  	
  1

  	
   

  



 


40

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T2 2

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  58.26

  	
   

  	
  Jenkins E.

  	
   

  	
  C. S. & Nancy P. Colley (S)

  Harris-Cheape (M)

  	
   

  	
  Dickenson

  	
   

  	
  111

  	
   

  	
  50

  	
   

  
	
   

  	
  T2 3

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  27.44

  	
   

  	
   

  	
   

  	
  Grant Meade (S)
 James Cantrell (M)

  	
   

  	
  Wise

  	
   

  	
  258

  	
   

  	
  545

  	
   

  
	
   

  	
  T2 4

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  53.26

  	
   

  	
  Jenkins E.

  	
   

  	
  Andrew Mullins
  Heirs (S)

  Emanuel Mullins (M)

  	
   

  	
  Dickenson

  	
   

  	
  109

  	
   

  	
  56

  	
   

  
	
   

  	
  T2 5

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  12.38

  	
   

  	
  Jenkins E.

  	
   

  	
  Carl Mullins (S)

  Emanuel Mullins (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T2 6

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  19.42

  	
   

  	
  Jenkins E.

  	
   

  	
  Elizabeth Cox (S)

  Emanuel Mullins (M)

  	
   

  	
  Dickenson

  	
   

  	
  110

  	
   

  	
  100

  	
   

  
	
   

  	
  T2 7

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  35.60

  	
   

  	
  Jenkins E.

  	
   

  	
  Reuben Mullins (S)
 Emanuel Mullins (M)

  	
   

  	
  Dickenson

  	
   

  	
  109

  	
   

  	
  52

  	
   

  
	
   

  	
  T2 8

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  13.00

  	
   

  	
  Jenkins E.

  	
   

  	
  Surface Tr. 3 (S)

  W. P. Stanley (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T2 9

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  36.58

  	
   

  	
  Clintwood

  	
   

  	
  M. F. Sneter (M)

  	
   

  	
  Dickenson

  	
   

  	
  18

  	
   

  	
  301

  	
   

  
	
   

  	
  T2 10

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  25.99

  	
   

  	
  Clintwood

  	
   

  	
  J. B. Baker (M)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
   

  	
  T2 11

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  11.63

  	
   

  	
  Clintwood

  	
   

  	
  H. H. Branham (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T2 12

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  94.07

  	
   

  	
  Clintwood

  	
   

  	
  Henry Keel Heirs (S)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T2 13

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  147.26

  	
   

  	
  Clintwood

  	
   

  	
  E. A. Smith (S)

  E. A. Smith (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T2 14

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  23.68

  	
   

  	
  Clintwood

  	
   

  	
  A. M. Summerlin

  	
   

  	
  Dickenson

  	
   

  	
  16

  	
   

  	
  170

  	
   

  
	
   

  	
  T2 15

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  32.70

  	
   

  	
  Clintwood

  	
   

  	
  W. S. Vanover

  	
   

  	
  Dickenson

  	
   

  	
  20

  	
   

  	
  1

  	
   

  



 


41

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
  T2 16

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  219.79

  	
   

  	
  Clintwood

  	
   

  	
  F. A. Stratton (F)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T2 17

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  50.49

  	
   

  	
  Clintwood

  	
   

  	
  J. W. Fleming (S)

  	
   

  	
  Dickenson

  	
   

  	
  24

  	
   

  	
  301

  	
   

  
	
   

  	
  T2 18

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  73.21

  	
   

  	
  Clintwood

  	
   

  	
  F. A. Stratton (S)

  F. A. Stratton (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T2 19

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  47.54

  	
   

  	
  Clintwood

  	
   

  	
  E. A. Reedy (S)

  W. A. Stanley (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T2 20

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  14.10

  	
   

  	
  Clintwood

  	
   

  	
  Surface Tr. 2 (S)

  W. P. Stanley (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T2 21

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  79.15

  	
   

  	
  Haysi

  	
   

  	
  C. A. Willis (S)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T2 22

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  134.58

  	
   

  	
  Haysi

  	
   

  	
  Big Sandy Fuel Corp Tract 4

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T2 23

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  38.57

  	
   

  	
  Haysi

  	
   

  	
  A. A. Skeen (S)

  Drewery Puckett (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T2 24

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  17.12

  	
   

  	
  Haysi

  	
   

  	
  David Atkins (S)

  Drewery Puckett (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T2 25

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  48.84

  	
   

  	
  Haysi

  	
   

  	
  A. A. Skeen (S)

  Drewery Puckett (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T2 26

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  9.37

  	
   

  	
  Haysi

  	
   

  	
  A. A. Skeen (S)
 Drewery Puckett (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T2 27

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  11.96

  	
   

  	
  Haysi

  	
   

  	
  Levi Hall (S)
 Drewery Puckett (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
  T2 28

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  114.23

  	
   

  	
  Haysi

  	
   

  	
  A. A. Skeen (S)

  A. J. Hall (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


42
















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T2 29

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  23.40

  	
   

  	
  Haysi

  	
   

  	
  A. W. Hay (S)

  A. W. Hay (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 30

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  24.13

  	
   

  	
  Haysi

  	
   

  	
  John Borders (S)

  Elihu Owens (M)

  	
   

  	
  Dickenson

  	
   

  	
  163

  	
   

  	
  446

  	
   

  
	
  T2 31

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  15.41

  	
   

  	
  Haysi

  	
   

  	
  Ida Deel (S)

  Elihu Owens (M)

  	
   

  	
  Dickenson

  	
   

  	
  167

  	
   

  	
  356

  	
   

  
	
  T2 32

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  40.95

  	
   

  	
  Haysi

  	
   

  	
  J. W. Lyle (M)

  	
   

  	
  Dickenson

  	
   

  	
  19

  	
   

  	
  306

  	
   

  
	
  T2 33

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  16.71

  	
   

  	
  Haysi

  	
   

  	
  R. J. Colley (M)

  	
   

  	
  Dickenson

  	
   

  	
  21

  	
   

  	
  380

  	
   

  
	
  T2 34

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  189.27

  	
   

  	
  Haysi

  	
   

  	
  A. A. Skeen (M)

  	
   

  	
  Dickenson

  	
   

  	
  21

  	
   

  	
  380

  	
   

  
	
  T2 35

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  49.21

  	
   

  	
  Haysi

  	
   

  	
  S. E. Wright M)

  	
   

  	
  Dickenson

  	
   

  	
  20

  	
   

  	
  1

  	
   

  
	
  T2 36

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  34.00

  	
   

  	
  Haysi

  	
   

  	
  B. H. Edwards (S)

  	
   

  	
  Dickenson

  	
   

  	
  24

  	
   

  	
  246

  	
   

  
	
  T2 37

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  19.83

  	
   

  	
  Haysi

  	
   

  	
  W. A. Harrison (M);

  also J. C. Smith, Coms.

  	
   

  	
  Dickenson

  	
   

  	
  28

  	
   

  	
  148

  	
   

  
	
  T2 38

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  58.00

  	
   

  	
  Prater

  	
   

  	
  Alice Thacker (S)

  Big Sandy Fuel Tr. 13 (M)

  	
   

  	
  Buchanan & Dickenson

  	
   

  	
  184

  	
   

  	
  93

  	
   

  
	
  T2 39

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  16.00

  	
   

  	
  Prater

  	
   

  	
  Bruce Deel (S)

  Big Sandy Fuel Tr. 13 (M)

  	
   

  	
  Buchanan & Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 40

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  10.00

  	
   

  	
  Prater

  	
   

  	
  Bruce Deel (S)

  Big Sandy Fuel Tr. 13 (M)

  	
   

  	
  Buchanan & Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 41

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  54.47

  	
   

  	
  Prater

  	
   

  	
  Nubum Deel

  	
   

  	
  Buchanan

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 42

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  2053.22

  	
   

  	
  Prater

  	
   

  	
  A. B. Nichols et al

  Big Sandy Fuel (M)

  	
   

  	
  Buchanan

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


43

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T2 43

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  59.00

  	
   

  	
  Prater

  	
   

  	
  David A Deel (M)

  	
   

  	
  Buchanan

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 44

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  60.3

  	
   

  	
  Prater

  	
   

  	
  Lydia M. Ownes [correct
  copy] (S)

  William Ratliff (M)

  	
   

  	
  Buchanan

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 45

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  153.00

  	
   

  	
  Prater

  	
   

  	
  Por. J. H. Duty (S)

  	
   

  	
  Buchanan

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 46

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  72.00

  	
   

  	
  Prater

  	
   

  	
  Ingram R. James (M)

  	
   

  	
  Buchanan

  	
   

  	
  28

  	
   

  	
  289

  	
   

  
	
  T2 47

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  300.00

  	
   

  	
  Prater

  	
   

  	
  Por. Allen James (M)

  	
   

  	
  Buchanan

  	
   

  	
  28

  	
   

  	
  289

  	
   

  
	
  T2 48

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  125.00

  	
   

  	
  Prater

  	
   

  	
  R. H. Murdock (M)

  	
   

  	
  Buchanan

  	
   

  	
  28

  	
   

  	
  285

  	
   

  
	
  T2 49

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  94.50

  	
   

  	
  Prater

  	
   

  	
  William Johnson (Ml

  	
   

  	
  Buchanan

  	
   

  	
  P

  	
   

  	
  507

  	
   

  
	
  T2 50

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  36.43

  	
   

  	
  Pound

  	
   

  	
  William McFall (S)

  J. W. Short (M)

  	
   

  	
  Dickenson

  	
   

  	
  21

  	
   

  	
  21

  	
   

  
	
  T2 51

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  86.38

  	
   

  	
  Pound

  	
   

  	
  Ross Meade (S)

  J. P. Hamilton (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 52

  	
   

  	
  .

  	
   

  	
   

  	
   

  	
  50.00

  	
   

  	
  Pound

  	
   

  	
  G. W. Meade (S)

  J. W. Stallard (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 53

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  75.00

  	
   

  	
  Pound

  	
   

  	
  Calla McFall (S)

  W. N. Hamilton (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 54

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  60.16

  	
   

  	
  Pound

  	
   

  	
  S. M. McFall (S)

  William McFall (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 55

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  35.73

  	
   

  	
  Pound

  	
   

  	
  Newton M. Keith (S)

  Levi Cantrell (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 56

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  9.67

  	
   

  	
  Pound

  	
   

  	
  John & Hilda Keith (S)

  Levi Cantrell (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


44

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T2 57

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  57.49

  	
   

  	
  Pound

  	
   

  	
  Muthus Isom Heirs (S)

  William McFall (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 58

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  59.57

  	
   

  	
  Pound

  	
   

  	
  Elzie L. Cantrell (S)

  Levi Cantrell (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 59

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  27.47

  	
   

  	
  Pound

  	
   

  	
  W. H. Mullins (S)

  William McFall (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 60

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  29.50

  	
   

  	
  Pound

  	
   

  	
  Mattie Mullins (S)

  Levi Cantrell (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 61

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  1.00

  	
   

  	
  Pound

  	
   

  	
  Letcher Boggs (S)

  William McFall (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 62

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  20.00

  	
   

  	
  Pound

  	
   

  	
  C. McFall (S)

  William McFall (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 63

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  34.76

  	
   

  	
  Pound

  	
   

  	
  Webb Cantrell (S)

  Levi Cantrell (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 64

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  36.00

  	
   

  	
  Pound

  	
   

  	
  R. R. Crabtree (S)

  Spencer Mullins (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 65

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  50.00

  	
   

  	
  Pound

  	
   

  	
  Jonathan Litz (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 66

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  38.00

  	
   

  	
  Pound

  	
   

  	
  Ivet Baker (S)

  R. D. Stallard (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 67

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  50.85

  	
   

  	
  Pound

  	
   

  	
  Ida Fleming (S)

  R. D. Stallard (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 68

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  50.92

  	
   

  	
  Pound

  	
   

  	
  Belford Salyer (S)

  R. D. Stallard (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


45

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T2 69

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  23.85

  	
   

  	
  Pound

  	
   

  	
  Dora M. Stallard (S)

  R. D. Stallard (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 70

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  85.09

  	
   

  	
  Pound

  	
   

  	
  Victor Stallard (S)

  R. D. Stallard (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 71

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  54.14

  	
   

  	
  Pound

  	
   

  	
  Muncie Stallard (S)

  R. D. & Jos. Stallard (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 72

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  41.00

  	
   

  	
  Pound

  	
   

  	
  Creed Lane (S)

  W. B. Lane (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 73

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  83.42

  	
   

  	
  Pound

  	
   

  	
  W. S. Lane (S)

  W. B. Lane (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 74

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  13.75

  	
   

  	
  Pound

  	
   

  	
  Phipps (S)

  W B. Lane (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 75

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  96.93

  	
   

  	
  Pound

  	
   

  	
  F. A. Carico (S)

  W. V. & R. L. McLemore (M)

  	
   

  	
  Wise

  	
   

  	
  104

  	
   

  	
  344

  	
   

  
	
  T2 76

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  12.75

  	
   

  	
  Pound

  	
   

  	
  C. F. Lane (S)

  W. B. Lane (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 77

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  59.75

  	
   

  	
  Pound

  	
   

  	
  E. J. Kilgore (S)

  Nancy J. Stanley (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 78

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  40.25

  	
   

  	
  Pound

  	
   

  	
  W. R. Robinson (S)

  Nancy J. Stanley (M)

  	
   

  	
  Dickenson [correct
  copy]

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 79

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  10.00

  	
   

  	
  Pound

  	
   

  	
  J. D. Nicewonder #1 (S)

  E. S. Baker (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


46

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T2 80

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  10.00

  	
   

  	
  Pound

  	
   

  	
  Contracting Enterprises (S)

  E. S. Baker (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 81

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  10.00

  	
   

  	
  Pound

  	
   

  	
  J. D. Nicewonder #2 (S)

  E. S. Baker (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 82

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  30.00

  	
   

  	
  Pound

  	
   

  	
  Big Six #4 (S)

  E. S. Baker (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 83

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  30.00

  	
   

  	
  Pound

  	
   

  	
  Big Six #4 (S)

  E. S. Baker (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 84

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  175.00

  	
   

  	
  Pound

  	
   

  	
  Robert C. Mullins (S)

  Wilson & Riley Mullins (S,M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 85

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  69.16

  	
   

  	
  Pound

  	
   

  	
  Charles C. Elkins (S)

  E. S. Baker (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 86

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  36.19

  	
   

  	
  Pound

  	
   

  	
  Big Six # 1,2 (S)

  John R. Baker (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 87

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  143.47

  	
   

  	
  Pound

  	
   

  	
  Cantrell & Gruber (S)

  John R. Baker (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 88

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  40.00

  	
   

  	
  Pound

  	
   

  	
  D. J. Hubbard (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 89

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  168.82

  	
   

  	
  Pound

  	
   

  	
  E. M. Fulton (S)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 90

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  35.00

  	
   

  	
  Pound

  	
   

  	
  James Rose (S)

  D. A. Stallard (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 91

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  124.00

  	
   

  	
  Pound

  	
   

  	
  Martha J. Adkins (S)

  VICC (M)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


47
















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T2 92

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  64.73

  	
   

  	
  Pound

  	
   

  	
  W. A. Powers (F)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 93

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  29.00

  	
   

  	
  Pound

  	
   

  	
  David Culbertson (S)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 94

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  53.26

  	
   

  	
  Caney Ridge

  	
   

  	
  James Trivett (8)

  S. S. Hibbits (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 95

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  51.26

  	
   

  	
  Caney Ridge

  	
   

  	
  J. F. Trivett (M)

  	
   

  	
  Dickenson

  	
   

  	
  20

  	
   

  	
  209

  	
   

  
	
  T2 96

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  37.54

  	
   

  	
  Caney Ridge

  	
   

  	
  J. M. Lambert (M)

  	
   

  	
  Dickenson

  	
   

  	
  24

  	
   

  	
  1

  	
   

  
	
  T2 97

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  114.96

  	
   

  	
  Caney Ridge

  	
   

  	
  W. O. Hawkins (S)

  	
   

  	
  Dickenson

  	
   

  	
  23

  	
   

  	
  304

  	
   

  
	
  T2 98

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  88.50

  	
   

  	
  Caney Ridge

  	
   

  	
  N. J. Buckanan (S)

  	
   

  	
  Dickenson

  	
   

  	
  33

  	
   

  	
  522

  	
   

  
	
  T2 99

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  234.00

  	
   

  	
  Caney Ridge

  	
   

  	
  J. L. Litz (M)

  	
   

  	
  Dickenson

  	
   

  	
  33

  	
   

  	
  105

  	
   

  
	
  T2 100

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  54.16

  	
   

  	
  Caney Ridge

  	
   

  	
  J. W. Hale (S)

  	
   

  	
  Dickenson

  	
   

  	
  26

  	
   

  	
  543

  	
   

  
	
  T2 101

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  102.61

  	
   

  	
  Caney Ridge

  	
   

  	
  J. L. Litz (S)

  	
   

  	
  Dickenson

  	
   

  	
  33

  	
   

  	
  105

  	
   

  
	
  T2 102

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  52.41

  	
   

  	
  Caney Ridge

  	
   

  	
  S. C. Gose & Cora Mullins (S)

  S. C. Gose (M)

  	
   

  	
  Dickenson

  	
   

  	
  66

  	
   

  	
  589

  	
   

  
	
  T2 103

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  133.12

  	
   

  	
  Caney Ridge

  	
   

  	
  M. E. Mullins (S)

  	
   

  	
  Dickenson

  	
   

  	
  4

  	
   

  	
  182

  	
   

  
	
  T2 104

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  81.76

  	
   

  	
  Caney Ridge

  	
   

  	
  J. L. Litz (S)

  J. L. Litz (M)

  	
   

  	
  Dickenson

  	
   

  	
  33

  	
   

  	
  538

  	
   

  
	
  T2 105

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  1000.00

  	
   

  	
  Caney Ridge

  	
   

  	
  T. G. Wells (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 106

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  650.00

  	
   

  	
  Caney Ridge

  	
   

  	
  F. A. Stratton (M)

  T. P. Biss (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 107

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  99.48

  	
   

  	
  Caney Ridge

  	
   

  	
  William Reedy (S,M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 108

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  117.62

  	
   

  	
  Caney Ridge

  	
   

  	
  A. B. Nichols (S)

  W. A. Stanley (M)

  	
   

  	
  Dickenson

  	
   

  	
  3

  	
   

  	
  127

  	
   

  
	
  T2 109

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  90.32

  	
   

  	
  Caney Ridge

  	
   

  	
  F. A. Stratton (S,M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


48

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T2 110

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  27.05

  	
   

  	
  Caney Ridge

  	
   

  	
  Margret Adkins (S)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 111

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  14.64

  	
   

  	
  Caney Ridge

  	
   

  	
  R. Ratliff (S)

  	
   

  	
  Dickenson

  	
   

  	
  26

  	
   

  	
  182

  	
   

  
	
  T2 112

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  77.80

  	
   

  	
  Caney Ridge

  	
   

  	
  Squire Smith (M)

  	
   

  	
  Dickenson

  	
   

  	
  20

  	
   

  	
  63

  	
   

  
	
  T2 113

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  18.62

  	
   

  	
  Caney Ridge

  	
   

  	
  S. A. Smith (M)

  	
   

  	
  Dickenson

  	
   

  	
  50

  	
   

  	
  461

  	
   

  
	
  T2 114

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  47.50

  	
   

  	
  Caney Ridge

  	
   

  	
  Thomas Bise (S)

  H. B. Stallard (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 115

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  178.70

  	
   

  	
  Caney Ridge

  	
   

  	
  Henry Adkins (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 116

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  92.00

  	
   

  	
  Caney Ridge

  	
   

  	
  H. K. Hillman (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 117

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  96.56

  	
   

  	
  Caney Ridge

  	
   

  	
  D. A. Deel (S)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 118

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  117.62

  	
   

  	
  Nora

  	
   

  	
  A. B. Nichols (S)

  W. A. Stanley (M)

  	
   

  	
  Dickenson

  	
   

  	
  3

  	
   

  	
  127

  	
   

  
	
  T2 119

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  43.18

  	
   

  	
  Nora

  	
   

  	
  Elexius Smith (S)

  Elexius Smith (M)

  	
   

  	
  Dickenson

  	
   

  	
  20

  	
   

  	
  1

  	
   

  
	
  T2 120

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  87.86

  	
   

  	
  Nora

  	
   

  	
  Roland Counts (S)

  Elexius Smith (M)

  	
   

  	
  Dickenson

  	
   

  	
  25

  	
   

  	
  88

  	
   

  
	
  T2 121

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  36.50

  	
   

  	
  Nora

  	
   

  	
  John Eiklor (S)

  Elexius Smith (M)

  	
   

  	
  Dickenson

  	
   

  	
  102

  	
   

  	
  131

  	
   

  
	
  T2 122

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  64.65

  	
   

  	
  Nora

  	
   

  	
  J. C. Rasnick (M)

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  195

  	
   

  
	
  T2 123

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  130.80

  	
   

  	
  Nora

  	
   

  	
  French-Chase Co. (S)

  Hagan & Rasnick (M)

  	
   

  	
  Dickenson

  	
   

  	
  25

  	
   

  	
  543

  	
   

  
	
  T2 124

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  300.00

  	
   

  	
  Nora

  	
   

  	
  J. B. Trivitt (S)

  Jos. H. Rasnick (M)

  	
   

  	
  Dickenson

  	
   

  	
  22

  	
   

  	
  467

  	
   

  



 


49

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T2 125

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  30.30

  	
   

  	
  Nora

  	
   

  	
  J. B. Trivitt (S)

  C. V. Rasnick (M)

  	
   

  	
  Dickenson

  	
   

  	
  22

  	
   

  	
  467

  	
   

  
	
  T2 126

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  305.20

  	
   

  	
  Nora

  	
   

  	
  J. B. Trivitt (S)

  C. V. Rasnick (M)

  	
   

  	
  Dickenson

  	
   

  	
  22

  	
   

  	
  467

  	
   

  
	
  T2 127

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  613.00

  	
   

  	
  Nora

  	
   

  	
  Hiram Keith et al (S)

  Kemmerer (M)

  	
   

  	
  Dickenson

  	
   

  	
  25

  	
   

  	
  222

  	
   

  
	
  T2 128

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  79.23

  	
   

  	
  Nora

  	
   

  	
  B. W. Jenkins (S)

  Kemmerer (M)

  	
   

  	
  Dickenson

  	
   

  	
  211

  	
   

  	
  674

  	
   

  
	
  T2 129

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  90.00

  	
   

  	
  Nora

  	
   

  	
  Holston Corp. (S)

  	
   

  	
  Dickenson

  	
   

  	
  211

  	
   

  	
  674

  	
   

  
	
  T2 130

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  153.53

  	
   

  	
  Nora

  	
   

  	
  G. B. Lambert (S)

  	
   

  	
  Dickenson

  	
   

  	
  152

  	
   

  	
  214

  	
   

  
	
  T2 131

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  59.61

  	
   

  	
  Nora

  	
   

  	
  J. P. LaForce (S)

  Henry Kiser (M)

  	
   

  	
  Dickenson

  	
   

  	
  42

  	
   

  	
  445

  	
   

  
	
  T2 132

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  19.00

  	
   

  	
  Nora

  	
   

  	
  G. B. Lambert (S)

  Henry Kiser (M)

  	
   

  	
  Dickenson

  	
   

  	
  9

  	
   

  	
  501

  	
   

  
	
  T2 133

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  14.00

  	
   

  	
  Nora

  	
   

  	
  Bessie Ellen Leftwich (S)

  Henry Kiser (M)

  	
   

  	
  Dickenson

  	
   

  	
  9

  	
   

  	
  501

  	
   

  
	
  T2 134

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  13.50

  	
   

  	
  Nora

  	
   

  	
  G. B. Lambert (S)

  Henry Kiser (M)

  	
   

  	
  Dickenson

  	
   

  	
  9

  	
   

  	
  501

  	
   

  
	
  T2 135

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  106.55

  	
   

  	
  Nora

  	
   

  	
  G. B. Lambert (S)

  Henry Kiser (M)

  	
   

  	
  Dickenson

  	
   

  	
  142

  	
   

  	
  214

  	
   

  
	
  T2 136

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  89.00

  	
   

  	
  Nora

  	
   

  	
  R. W. & Eliza A. Owens (S)

  Kemmerer (M)

  	
   

  	
  Dickenson

  	
   

  	
  211

  	
   

  	
  674

  	
   

  



 


50

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T2 137

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  90.00

  	
   

  	
  Nora

  	
   

  	
  H. H. Willard (S)

  Phillips/Kemmerer (M)

  	
   

  	
  Dickenson

  	
   

  	
  211

  	
   

  	
  674

  	
   

  
	
  T2 138

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  293.16

  	
   

  	
  Duty

  	
   

  	
  James E. Sutherland (S)

  	
   

  	
  Dickenson

  	
   

  	
  18

  	
   

  	
  292

  	
   

  
	
  T2 139

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  131.75

  	
   

  	
  Duty

  	
   

  	
  R. D. Sutherland (S)

  	
   

  	
  Dickenson

  	
   

  	
  24

  	
   

  	
  183

  	
   

  
	
  T2 140

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  50.83

  	
   

  	
  Duty

  	
   

  	
  E. C. Kiser (S)

  J. H. Powers (M)

  	
   

  	
  Dickenson

  	
   

  	
  9

  	
   

  	
  152

  	
   

  
	
  T2 141

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  72.00

  	
   

  	
  Duty

  	
   

  	
  Charles Bowman (S)

  Z. T. Sutherland (M)

  	
   

  	
  Dickenson

  	
   

  	
  184

  	
   

  	
  191

  	
   

  
	
  T2 142

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  72.00

  	
   

  	
  Duty

  	
   

  	
  Hargadene Bowman (S)

  Z. T. Sutherland (M)

  	
   

  	
  Dickenson

  	
   

  	
  189

  	
   

  	
  395

  	
   

  
	
  T2 143

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  4.00

  	
   

  	
  Duty

  	
   

  	
  Fairy Rufus (S)

  Z. T. Sutherland (M)

  	
   

  	
  Dickenson

  	
   

  	
  9

  	
   

  	
  138

  	
   

  
	
  T2 144

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  38.41

  	
   

  	
  Duty

  	
   

  	
  Dewey Kiser Heirs (S)

  J. H. Powers (M)

  	
   

  	
  Dickenson

  	
   

  	
  182

  	
   

  	
  37

  	
   

  
	
  T2 145

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  13.00

  	
   

  	
  Duty

  	
   

  	
  Court Decree (S)

  Z. T. Sutherland (M)

  	
   

  	
  Dickenson

  	
   

  	
  9

  	
   

  	
  138

  	
   

  
	
  T2 146

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  103.00

  	
   

  	
  Duty

  	
   

  	
  Carmel E. Wright (S)

  George Johnson (M)

  	
   

  	
  Dickenson

  	
   

  	
  148

  	
   

  	
  623

  	
   

  



 


51

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T2 147

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  87.00

  	
   

  	
  Duty

  	
   

  	
  I. B. McReynolds (S)

  George Johnson (M)

  	
   

  	
  Dickenson

  	
   

  	
  148

  	
   

  	
  623

  	
   

  
	
  T2 148

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  206.00

  	
   

  	
  Duty

  	
   

  	
  I. B. McReynolds (M)

  	
   

  	
  Dickenson

  	
   

  	
  20

  	
   

  	
  88

  	
   

  
	
  T2 149

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  300.00

  	
   

  	
  Duty

  	
   

  	
  David Davenport (M)

  	
   

  	
  Buchanan

  	
   

  	
  28

  	
   

  	
  289

  	
   

  
	
  T2 150

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  55.00

  	
   

  	
  Duty

  	
   

  	
  Robert Smith (S)

  James Owens (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 151

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  47.00

  	
   

  	
  Duty

  	
   

  	
  Frank Kiser (S)

  James Owens (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 152

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  99.75

  	
   

  	
  Duty

  	
   

  	
  W. J. Rasnick (S)

  James Owens(M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 153

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  12.00

  	
   

  	
  Duty

  	
   

  	
  John C. Owens (S)

  James Owens (M)

  	
   

  	
  not given [Dickenson?]

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 154

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  26.999

  	
   

  	
  Duty

  	
   

  	
  Una Penland (S)

  James Owens (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 155

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  50.76

  	
   

  	
  Duty

  	
   

  	
  Maggie Rasnake (S)

  James Owens (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 156

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  50.00

  	
   

  	
  Duty

  	
   

  	
  S. D. Sutherland (S)

  James Owens (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 157

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  32.41

  	
   

  	
  Duty

  	
   

  	
  Melvia & Darrell Mullins (S)

  C. C. Powers (M)

  	
   

  	
  Dickenson

  	
   

  	
  118

  	
   

  	
  331

  	
   

  



 


52
















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T2 158

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  57.00

  	
   

  	
  Duty

  	
   

  	
  Clarence Powers (S) 

  C. C. Powers (M)

  	
   

  	
  Dickenson

  	
   

  	
  118

  	
   

  	
  333

  	
   

  
	
  T2 159

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  65.00

  	
   

  	
  Duty

  	
   

  	
  Charlie Powers (S) 
 Russell Powers (M)

  	
   

  	
  Dickenson

  	
   

  	
  9

  	
   

  	
  132

  	
   

  
	
  T2 160

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  27.00

  	
   

  	
  Duty

  	
   

  	
  Harvey Powers (S) 

  Russell Powers (M)

  	
   

  	
  Dickenson

  	
   

  	
  9

  	
   

  	
  132

  	
   

  
	
  T2 161

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  75.94

  	
   

  	
  Duty

  	
   

  	
  W.W. LaForce (S) 

  Russell Powers (M)

  	
   

  	
  Dickenson

  	
   

  	
  9

  	
   

  	
  132

  	
   

  
	
  T2 162

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  48.00

  	
   

  	
  Duty

  	
   

  	
  W. H. Sheckler (M)

  	
   

  	
  Dickenson

  	
   

  	
  112

  	
   

  	
  242

  	
   

  
	
  T2 163

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  32.00

  	
   

  	
  Duty

  	
   

  	
  Lon Kiser (M)

  	
   

  	
  Dickenson

  	
   

  	
  112

  	
   

  	
  403

  	
   

  
	
  T2 164

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  91.00

  	
   

  	
  Duty

  	
   

  	
  Julia Fletcher (S) 

  S. J. Tiller (M)

  	
   

  	
  Dickenson

  	
   

  	
  128

  	
   

  	
  592

  	
   

  
	
  T2 165

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  9.00

  	
   

  	
  Duty

  	
   

  	
  Radford Powers (S) 

  S. J. Tiller (M)

  	
   

  	
  Dickenson

  	
   

  	
  68

  	
   

  	
  492

  	
   

  
	
  T2 166

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  53.00

  	
   

  	
  Duty

  	
   

  	
  Eilane Duty (S) 

  S. J. Tiller (M)

  	
   

  	
  Dickenson

  	
   

  	
  119

  	
   

  	
  430

  	
   

  
	
  T2 167

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  30.60

  	
   

  	
  Duty

  	
   

  	
  H. M. C. Tiller (S) 

  S. J. Tiller (M)

  	
   

  	
  Dickenson

  	
   

  	
  119

  	
   

  	
  430

  	
   

  
	
  T2 168

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  50.35

  	
   

  	
  Duty

  	
   

  	
  J. R. Tiller (S) 

  S. J. Tiller (M)

  	
   

  	
  Dickenson

  	
   

  	
  119

  	
   

  	
  430

  	
   

  
	
  T2 169

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  50.15

  	
   

  	
  Duty

  	
   

  	
  Ellen Barnett (S) 

  S. J. Tiller (M)

  	
   

  	
  Dickenson

  	
   

  	
  119

  	
   

  	
  430

  	
   

  



 


53

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T2 170

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  49.00

  	
   

  	
  Duty

  	
   

  	
  James Worley Tiller (S) 

  S. J. Tiller (M)

  	
   

  	
  Dickenson

  	
   

  	
  119

  	
   

  	
  430

  	
   

  
	
  T2 171

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  11.47

  	
   

  	
  Duty

  	
   

  	
  J. B. Tiller (S) 

  S. J. Tiller (M)

  	
   

  	
  Dickenson

  	
   

  	
  119

  	
   

  	
  430

  	
   

  
	
  T2 172

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  76.71

  	
   

  	
  Duty

  	
   

  	
  J .B .Tiller (S) 

  S. J. Tiller (M)

  	
   

  	
  Dickenson

  	
   

  	
  119

  	
   

  	
  430

  	
   

  
	
  T2 173

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  27.36

  	
   

  	
  Duty

  	
   

  	
  Rebecca Deel (S) 

  S. J. Tiller (M)

  	
   

  	
  Dickenson

  	
   

  	
  111

  	
   

  	
  308

  	
   

  
	
  T2 174

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  63.00

  	
   

  	
  Duty

  	
   

  	
  Rebecca Rose,
  Par. Int. (S) 

  S. J. Tiller (M)

  	
   

  	
  Dickenson

  	
   

  	
  68

  	
   

  	
  492

  	
   

  
	
  T2 175

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  97.87

  	
   

  	
  Duty

  	
   

  	
  Walker Honaker (S) 

  S. J. Tiller (M)

  	
   

  	
  Dickenson

  	
   

  	
  110

  	
   

  	
  591

  	
   

  
	
  T2 176

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  183.67

  	
   

  	
  Duty

  	
   

  	
  V. C. Kiser Tr. 

  No. 1 N. B. Kiser

  	
   

  	
  Dickenson

  	
   

  	
  149

  	
   

  	
  151

  	
   

  
	
  T2 177

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  46.00

  	
   

  	
  Duty

  	
   

  	
  H. Kiser(S) 

  E. L. Kiser (M)

  	
   

  	
  Russell

  	
   

  	
  192

  	
   

  	
  607

  	
   

  
	
  T2 178

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  21.00

  	
   

  	
  Duty

  	
   

  	
  Tony Kiser (S) 

  Henry Kiser (M)

  	
   

  	
  Dickenson

  	
   

  	
  9

  	
   

  	
  501

  	
   

  
	
  T2 179

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  64.69

  	
   

  	
  Duty

  	
   

  	
  George W. Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  3

  	
   

  	
  457

  	
   

  
	
  T2 180

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  90.00

  	
   

  	
  Duty

  	
   

  	
  W. S. LaForce (S) 
 Kemmerer (M)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 181

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  65.00

  	
   

  	
  Duty

  	
   

  	
  Charles W. Musick (M)

  	
   

  	
  Russell

  	
   

  	
  41

  	
   

  	
  1

  	
   

  



 


54

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T2 182

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  173.73

  	
   

  	
  Big A Mtn

  	
   

  	
  Taze Pressley, Stuart Land & Cattle, John
  Worden (M)

  	
   

  	
  Buchanan

  	
   

  	
  172

  	
   

  	
  368

  	
   

  
	
  T2 183

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  139.20

  	
   

  	
  Big A Mtn

  	
   

  	
  Fielden Combs (M)

  	
   

  	
  Buchanan

  	
   

  	
  B

  	
   

  	
  244

  	
   

  
	
  T2 184

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  39.93

  	
   

  	
  Big A Mtn

  	
   

  	
  Martha Stevens (S) 

  G. W. Cooke (M)

  	
   

  	
  Russell

  	
   

  	
  208

  	
   

  	
  557

  	
   

  
	
  T2 185

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  60.00

  	
   

  	
  St. Paul

  	
   

  	
  Brooks, Holbrook et al (S) 
 Kemmerer (M)

  	
   

  	
  Dickenson

  	
   

  	
  211

  	
   

  	
  674

  	
   

  
	
  T2 186

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  45.00

  	
   

  	
  St. Paul

  	
   

  	
  David Blair (S) 
 Kemmerer (M)

  	
   

  	
  Dickenson

  	
   

  	
  211

  	
   

  	
  674

  	
   

  
	
  T2 187

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  38.00

  	
   

  	
  St. Paul

  	
   

  	
  W. R. & J. W. Hale (S) 

  Elihu Kiser/Kemmerer (M)

  	
   

  	
  Dickenson

  	
   

  	
  211

  	
   

  	
  674

  	
   

  
	
  T2 188

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  140.00

  	
   

  	
  St. Paul

  	
   

  	
  L. H. Kiser (S) 

  Wm. Brooks/Kemmerer (M)

  	
   

  	
  Dickenson

  	
   

  	
  211

  	
   

  	
  674

  	
   

  
	
  T2 189

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  126.67

  	
   

  	
  St. Paul

  	
   

  	
  E. M. Kiser (S) 
 Jos. Kiser/Kemmerer (M)

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 190

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  59.43

  	
   

  	
  Carbo

  	
   

  	
  W. F. Kiser (S) 

  N.Y. Mining & Mfg. (M)

  	
   

  	
  Russell

  	
   

  	
  310

  	
   

  	
  not given

  	
   

  
	
  T2 191

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  206.00

  	
   

  	
  Carbo

  	
   

  	
  N. K. Rasnake (S)

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 192

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  6.00

  	
   

  	
  Carbo

  	
   

  	
  Sidney W. Sutherland (M)

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


55

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T2 193

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  19.45

  	
   

  	
  Carbo

  	
   

  	
  Overton Sutherland (M)

  	
   

  	
  Russell

  	
   

  	
  131

  	
   

  	
  235

  	
   

  
	
  T2 194

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  170.00

  	
   

  	
  Carbo

  	
   

  	
  Overton Sutherland (F)

  	
   

  	
  Russell

  	
   

  	
  131

  	
   

  	
  235

  	
   

  
	
  T2 195

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  162.41

  	
   

  	
  Nora

  	
   

  	
  E. S. Counts (F)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 196

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  110.51

  	
   

  	
  Haysi

  	
   

  	
  W. L. Counts (F)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 197

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  28.88

  	
   

  	
  Clintwood

  	
   

  	
  J. W. Counts (M) 

  C. J. Fleming (S)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 198

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  77.81

  	
   

  	
  Clintwood

  	
   

  	
  William Large

  	
   

  	
  Dickenson

  	
   

  	
  78

  	
   

  	
  15

  	
   

  
	
  T2 199

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  34.05

  	
   

  	
  Clintwood

  	
   

  	
  Swinfield Rose

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T2 200

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  135.00

  	
   

  	
  Vansant

  	
   

  	
  James Jackson

  	
   

  	
  Buchanan

  	
   

  	
  28

  	
   

  	
  289

  	
   

  
	
  T2 201

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  21.23

  	
   

  	
  Duty

  	
   

  	
  S. D. Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  24

  	
   

  	
  598

  	
   

  
	
  T2 202

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  88.00

  	
   

  	
  Clintwood

  	
   

  	
  Jno. Cantrell

  	
   

  	
  Dickenson

  	
   

  	
  14

  	
   

  	
  19

  	
   

  
	
  T2 203

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  204.68

  	
   

  	
  Clintwood

  	
   

  	
  J. L. Dingus

  	
   

  	
  Dickenson

  	
   

  	
  25

  	
   

  	
  246

  	
   

  
	
  T2 204

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  307.50

  	
   

  	
  Clintwood

  	
   

  	
  Enoch Moore

  	
   

  	
  Dickenson

  	
   

  	
  4

  	
   

  	
  243

  	
   

  
	
  T2 205

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  204.43

  	
   

  	
  Clintwood

  	
   

  	
  Jasper Artrip

  	
   

  	
  Dickenson

  	
   

  	
  47

  	
   

  	
  203

  	
   

  
	
  T2 206

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  212.00

  	
   

  	
  Haysi

  	
   

  	
  Eli Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T2 207

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  121.22

  	
   

  	
  Haysi

  	
   

  	
  Sarah A. Rose

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T2 208

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  41.00

  	
   

  	
  Haysi

  	
   

  	
  James P. Mullins

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T2 209

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  17.50

  	
   

  	
  Clintwood

  	
   

  	
  James Farmer

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T2 210

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  49.36

  	
   

  	
  Haysi

  	
   

  	
  W. H. Coleman

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T2 211

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  170.00

  	
   

  	
  Haysi

  	
   

  	
  V. B. Sikes

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  152

  	
   

  
	
  T2 212

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  23.00

  	
   

  	
  Clintwood

  	
   

  	
  John B. Newberry

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T2 213

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  25.00

  	
   

  	
  Haysi

  	
   

  	
  Corbett W. Anderson

  	
   

  	
  Dickenson

  	
   

  	
  112

  	
   

  	
  150

  	
   

  
	
  T2 214

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  209.61

  	
   

  	
  Nora

  	
   

  	
  W. T. Goodloe

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  195

  	
   

  
	
  T2 215

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  56.00

  	
   

  	
  Clintwood

  	
   

  	
  French Chase

  	
   

  	
  Dickenson

  	
   

  	
  26

  	
   

  	
  543

  	
   

  
	
  T2 216

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  10.00

  	
   

  	
  Clintwood

  	
   

  	
  D. Kinney

  	
   

  	
  Dickenson

  	
   

  	
  26

  	
   

  	
  543

  	
   

  



 


56

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T2 217

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  6.34

  	
   

  	
  Haysi

  	
   

  	
  Corbitt W. Anderson

  	
   

  	
  Dickenson

  	
   

  	
  112

  	
   

  	
  150

  	
   

  
	
  T2 218

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  6.30

  	
   

  	
  Caney Ridge

  	
   

  	
  J. Mack Rose

  	
   

  	
  Dickenson

  	
   

  	
  236

  	
   

  	
  94

  	
   

  
	
  T2 219

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  59.17

  	
   

  	
  Clintwood

  	
   

  	
  Monroe Smith

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  
	
  T2 220

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  5.30

  	
   

  	
  Haysi

  	
   

  	
  Solid Rock Coal Co.

  	
   

  	
  Dickenson

  	
   

  	
  178

  	
   

  	
  550, 552

  	
   

  
	
  T2 221

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  161.00

  	
   

  	
  Clintwood

  	
   

  	
  James Fleming

  	
   

  	
  Dickenson

  	
   

  	
  3

  	
   

  	
  123

  	
   

  
	
  T2 222

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  178.01

  	
   

  	
  Duty

  	
   

  	
  Ezekiel Sutherland

  	
   

  	
  Dickenson

  	
   

  	
  9

  	
   

  	
  135

  	
   

  
	
  T2 223

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  9.78

  	
   

  	
  Duty

  	
   

  	
  G. B. Lambert

  	
   

  	
  Dickenson

  	
   

  	
  126

  	
   

  	
  120

  	
   

  
	
  T2 224

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  393.53

  	
   

  	
  Clintwood

  	
   

  	
  Hagan-Riner

  	
   

  	
  Dickenson

  	
   

  	
  24

  	
   

  	
  1

  	
   

  
	
  T2 225

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  18.40

  	
   

  	
  Clintwood

  	
   

  	
  Sol Fleming

  	
   

  	
  Dickenson

  	
   

  	
  21

  	
   

  	
  380

  	
   

  
	
  T2 226

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  49.03

  	
   

  	
  Clintwood

  	
   

  	
  Sol Fleming

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T2 227

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  34.09

  	
   

  	
  Clintwood

  	
   

  	
  Jennie Vanover

  	
   

  	
  Dickenson

  	
   

  	
  31

  	
   

  	
  506

  	
   

  
	
  T2 228

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  72.19

  	
   

  	
  Clintwood

  	
   

  	
  E. J. Rose

  	
   

  	
  Dickenson

  	
   

  	
  24

  	
   

  	
  1

  	
   

  
	
  T2 229

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  28.50

  	
   

  	
  Duty

  	
   

  	
  Jessee Lester Heirs

  	
   

  	
  Dickenson

  	
   

  	
  183

  	
   

  	
  447

  	
   

  
	
  T2 230

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  47.11

  	
   

  	
  Prater

  	
   

  	
  John W. Davis

  	
   

  	
  Dickenson

  	
   

  	
  24

  	
   

  	
  62

  	
   

  
	
  T2 231

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  21.68

  	
   

  	
  Nora

  	
   

  	
  S. A. Smith

  	
   

  	
  Dickenson

  	
   

  	
  23

  	
   

  	
  487

  	
   

  
	
  T2 232

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  67.43

  	
   

  	
  Coeburn

  	
   

  	
  N. R. Fuller

  	
   

  	
  Wise

  	
   

  	
  94

  	
   

  	
  463

  	
   

  
	
  T2 233

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  4.33

  	
   

  	
  Ervinton

  	
   

  	
  J. H. Powers

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 234

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  67.42

  	
   

  	
  Ervinton

  	
   

  	
  Elexious Smith

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 235

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  130.21

  	
   

  	
  Prater

  	
   

  	
  LDR Owens

  	
   

  	
  Dickenson

  	
   

  	
  23

  	
   

  	
  322

  	
   

  
	
  T2 237

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  6.46

  	
   

  	
  Nora

  	
   

  	
  Elihu Kiser

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 240

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  58.77

  	
   

  	
  Kenady

  	
   

  	
  John E. Rose

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 241

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  8.58

  	
   

  	
  Ervinton

  	
   

  	
  Henry Sutherland

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 242

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  58.44

  	
   

  	
  Ervinton

  	
   

  	
  J. B. Compton

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 243

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  25.67

  	
   

  	
  Duty

  	
   

  	
  Sherman Wallace

  	
   

  	
  Dickenson

  	
   

  	
  187

  	
   

  	
  452

  	
   

  
	
  T2 244

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  0.55

  	
   

  	
  Ervinton

  	
   

  	
  Ezekiel Sutherland

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 245

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  4.38

  	
   

  	
  Kenady

  	
   

  	
  Robert B. Bise

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 247

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  6.60

  	
   

  	
  Nora

  	
   

  	
  A. M. Phipps

  	
   

  	
  Dickenson

  	
   

  	
  69

  	
   

  	
  365

  	
   

  
	
  T2 250

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  24.60

  	
   

  	
  Duty

  	
   

  	
  A. A. Skeen

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  147

  	
   

  



 


57






 












 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T2 251

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  127.00

  	
   

  	
  Coeburn

  	
   

  	
  Addington (Lamplighter)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 252

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  121.02

  	
   

  	
  Nora

  	
   

  	
  John D. Ervin

  	
   

  	
  Dickenson

  	
   

  	
  125

  	
   

  	
  498

  	
   

  
	
  T2 253

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  16.00

  	
   

  	
  Duty

  	
   

  	
  T. B. Branstetter

  	
   

  	
  Dickenson

  	
   

  	
  138

  	
   

  	
  229

  	
   

  
	
  T2 253

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  16.75

  	
   

  	
   

  	
   

  	
  James E. Ballard, et al

  	
   

  	
  Dickenson

  	
   

  	
  138

  	
   

  	
  501

  	
   

  
	
  T2 253

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  0

  	
   

  	
   

  	
   

  	
  Lola Ballard Brim

  	
   

  	
  Dickenson

  	
   

  	
  138

  	
   

  	
  524

  	
   

  
	
  T2 253

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  0

  	
   

  	
   

  	
   

  	
  Odessa Ballard Martinez

  	
   

  	
  Dickenson

  	
   

  	
  138

  	
   

  	
  534

  	
   

  
	
  T2 253

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  0

  	
   

  	
   

  	
   

  	
  Lourie E. B. Cross,
  et vir

  	
   

  	
  Dickenson

  	
   

  	
  139

  	
   

  	
  129

  	
   

  
	
  T2 253

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  0

  	
   

  	
   

  	
   

  	
  Blanche Ballard, et al

  	
   

  	
  Dickenson

  	
   

  	
  139

  	
   

  	
  203

  	
   

  
	
  T2 253

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  0

  	
   

  	
   

  	
   

  	
  Ethel B. Batterson,
  et vir

  	
   

  	
  Dickenson

  	
   

  	
  139

  	
   

  	
  240

  	
   

  
	
  T2 253

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  0

  	
   

  	
   

  	
   

  	
  Eugene C. Wise,
  et ux

  	
   

  	
  Dickenson

  	
   

  	
  137

  	
   

  	
  412

  	
   

  
	
  T2 253

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  0

  	
   

  	
   

  	
   

  	
  Maude Wise Flower,
  et vir

  	
   

  	
  Dickenson

  	
   

  	
  137

  	
   

  	
  461

  	
   

  
	
  T2 253

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  0

  	
   

  	
   

  	
   

  	
  Mary A. Wise, et al

  	
   

  	
  Dickenson

  	
   

  	
  138

  	
   

  	
  216

  	
   

  
	
  T2 253

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  0

  	
   

  	
   

  	
   

  	
  Gaynell W. Robinette, et vir

  	
   

  	
  Dickenson

  	
   

  	
  138

  	
   

  	
  723

  	
   

  
	
  T2 253

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  0

  	
   

  	
   

  	
   

  	
  Herbert L. Wise,
  at ux

  	
   

  	
  Dickenson

  	
   

  	
  139

  	
   

  	
  283

  	
   

  
	
  T2 253

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  0

  	
   

  	
   

  	
   

  	
  Beulah Wise Brown,
  et vir

  	
   

  	
  Dickenson

  	
   

  	
  139

  	
   

  	
  302

  	
   

  
	
  T2 253

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  0

  	
   

  	
   

  	
   

  	
  Mamie Wise Swofford, et vir

  	
   

  	
  Dickenson

  	
   

  	
  139

  	
   

  	
  328

  	
   

  
	
  T2 253

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  0

  	
   

  	
   

  	
   

  	
  C. A. Long, Jr.

  	
   

  	
  Dickenson

  	
   

  	
  137

  	
   

  	
  409

  	
   

  
	
  T2 253

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  0

  	
   

  	
  Duty

  	
   

  	
  Rosie Jesse Tiller

  	
   

  	
  Dickenson

  	
   

  	
  251

  	
   

  	
  786

  	
   

  
	
  T2 254

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  112.5

  	
   

  	
  Jenkins East and Clintwood

  	
   

  	
  Samuel Baker

  	
   

  	
  Dickenson

  	
   

  	
  30

  	
   

  	
  190

  	
   

  
	
  T2 255

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  10.08

  	
   

  	
  Duty

  	
   

  	
  Rosie J. Tiller

  	
   

  	
  Dickenson

  	
   

  	
  251

  	
   

  	
  786

  	
   

  



 


58

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  T2 256

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  19.24

  	
   

  	
  Caney Ridge

  	
   

  	
  Thomas Bise

  	
   

  	
  Dickenson

  	
   

  	
  349

  	
   

  	
  412

  	
   

  
	
  T2 257

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  528

  	
   

  	
  Patterson

  	
   

  	
  T. R. Watkins

  	
   

  	
  Dickenson

  	
   

  	
  36

  	
   

  	
  546

  	
   

  
	
  T2 258

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  7.7

  	
   

  	
  Caney Ridge

  	
   

  	
  Vance/Page, et al

  	
   

  	
  Dickenson

  	
   

  	
  390

  	
   

  	
  92

  	
   

  
	
  T2 259

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  38.5

  	
   

  	
  Haysi

  	
   

  	
  Nelson Edwards

  	
   

  	
  Dickenson

  	
   

  	
  265

  	
   

  	
  378

  	
   

  
	
  T2 260

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  119.24

  	
   

  	
  Duty

  	
   

  	
  Tolmax, Inc

  	
   

  	
  Dickenson

  	
   

  	
  299

  	
   

  	
  216

  	
   

  
	
  T2 261

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  9.78

  	
   

  	
  Prater

  	
   

  	
  MTB Owens

  	
   

  	
  Dickenson

  	
   

  	
  42

  	
   

  	
  224

  	
   

  
	
  T2 262

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  37.87

  	
   

  	
  Pound

  	
   

  	
  Samuel Collins

  	
   

  	
  Wise

  	
   

  	
  72

  	
   

  	
  310

  	
   

  
	
  T2 263

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  7.38

  	
   

  	
  Duty

  	
   

  	
  Rebecca Tiller Deel

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  T2 264

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  3.93

  	
   

  	
  Duty

  	
   

  	
  Maggie Lawson

  	
   

  	
  Dickenson

  	
   

  	
  47

  	
   

  	
  229

  	
   

  
	
  TC 1

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  96.84

  	
   

  	
  Flat Gap

  	
   

  	
  F. M. Chisenhall

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 2

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  83.00

  	
   

  	
  Flat Gap

  	
   

  	
  J. J. Stallard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 3

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  35.75

  	
   

  	
  Fiat Gap

  	
   

  	
  J. F. Dotson

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 4

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  27.12

  	
   

  	
  Flat Gap

  	
   

  	
  Alfred Maggard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 5

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  50.73

  	
   

  	
  Flat Gap

  	
   

  	
  C. F. Robinette

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 6

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  50.00

  	
   

  	
  Flat Gap

  	
   

  	
  A. L. Bolliz

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 7

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  52.25

  	
   

  	
  Flat Gap

  	
   

  	
  Eliha Sargeant

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 8

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  86.66

  	
   

  	
  Flat Gap

  	
   

  	
  Joseph Bolliz

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 9

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  30.09

  	
   

  	
  Flat Gap

  	
   

  	
  W. M. BoIliz

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 10

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  76.62

  	
   

  	
  Flat Gap

  	
   

  	
  D. B. Bolliz

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 11

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  567.09

  	
   

  	
  Flat Gap

  	
   

  	
  A. N. Hopkins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 12

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  130.50

  	
   

  	
  Flat Gap

  	
   

  	
  J. M. D. Short

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 13

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  74.00

  	
   

  	
  Flat Gap

  	
   

  	
  George Countiss

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 14

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  57.00

  	
   

  	
  Flat Gap

  	
   

  	
  W. A. Bolling

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 15

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  52.00

  	
   

  	
  Flat Gap

  	
   

  	
  Harve Short

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 16

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  47.00

  	
   

  	
  Flat Gap

  	
   

  	
  J. D. Collier

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 17

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  41.29

  	
   

  	
  Flat Gap

  	
   

  	
  W. R. Gilley

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 18

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  44.62

  	
   

  	
  Wise

  	
   

  	
  R. C. Vaughn

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 19

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  12.34

  	
   

  	
  Pound

  	
   

  	
  E. C. Harmon

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


59

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  TC 20

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  98.00

  	
   

  	
  Pound

  	
   

  	
  James Culberson

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 21

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  120.14

  	
   

  	
  Pound

  	
   

  	
  W. R. Wheatley

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 22

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  78.00

  	
   

  	
  Pound

  	
   

  	
  Joseph T. Freeman

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 23

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  73.00

  	
   

  	
  Pound

  	
   

  	
  D. A. Stallard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 24

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  69.00

  	
   

  	
  Pound

  	
   

  	
  D. A. Stallard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 25

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  63.00

  	
   

  	
  Pound

  	
   

  	
  D. A. Stallard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 26

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  54.76

  	
   

  	
  Pound

  	
   

  	
  D. A. Stallard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 27

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  85.50

  	
   

  	
  Pound

  	
   

  	
  John R. Stallard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 28

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  20.23

  	
   

  	
  Pound

  	
   

  	
  Thomas H. Hillman

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 29

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  14.28

  	
   

  	
  Pound

  	
   

  	
  D. A. Stallard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 30

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  63.00

  	
   

  	
  Pound

  	
   

  	
  D. A. Stallard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 31

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  34.07

  	
   

  	
  Pound

  	
   

  	
  Sam Rose

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 32

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  154.00

  	
   

  	
  Pound

  	
   

  	
  W. W. Freeman

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 33

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  101.00

  	
   

  	
  Pound

  	
   

  	
  L. C. Holdway

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 34

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  76.00

  	
   

  	
  Pound

  	
   

  	
  Levi Perry

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 35

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  49.00

  	
   

  	
  Pound

  	
   

  	
  Ira Collins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 36

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  80.00

  	
   

  	
  Pound

  	
   

  	
  Nancy Kennedy

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 37

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  167.64

  	
   

  	
  Pound

  	
   

  	
  D. A. Stallard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 38

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  54.75

  	
   

  	
  Pound

  	
   

  	
  W. M. Adams

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 39

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  295.52

  	
   

  	
  Pound

  	
   

  	
  M. C. Keith

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 40

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  87.00

  	
   

  	
  Pound

  	
   

  	
  W. R. Powers

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 41

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  60.79

  	
   

  	
  Pound

  	
   

  	
  C. N. Roberson

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 42

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  69.01

  	
   

  	
  Pound

  	
   

  	
  C. N. Roberson

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 43

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  38.33

  	
   

  	
  Pound

  	
   

  	
  T. G. Wells

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 44

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  147.00

  	
   

  	
  Pound

  	
   

  	
  A. J. Stallard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 45

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  35.00

  	
   

  	
  Pound

  	
   

  	
  W. S. Hamilton

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


60

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  TC 46

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  1.25

  	
   

  	
  Pound

  	
   

  	
  J. D. Dotson

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  47

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  235.37

  	
   

  	
  Pound

  	
   

  	
  E. S. Becker

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 48

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  91.38

  	
   

  	
  Pound

  	
   

  	
  Lewis Collins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 49

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  80.00

  	
   

  	
  Pound

  	
   

  	
  Andrew Collins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 50

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  122.20

  	
   

  	
  Pound

  	
   

  	
  Andrew Collins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 51

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  238.50

  	
   

  	
  Pound

  	
   

  	
  A. J. Stallard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 52

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  85.00

  	
   

  	
  Pound

  	
   

  	
  D. J. Hubbard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 53

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  73.42

  	
   

  	
  Pound

  	
   

  	
  W. H. Bond

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 54

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  81.00

  	
   

  	
  Pound

  	
   

  	
  Joseph Short

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 56

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  61.50

  	
   

  	
  Pound

  	
   

  	
  Andrew Mullins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 57

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  221.15

  	
   

  	
  Pound

  	
   

  	
  W. N. Hamilton

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 58

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  51.00

  	
   

  	
  Pound

  	
   

  	
  Riley Hash

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 59

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  45.00

  	
   

  	
  Pound

  	
   

  	
  Levi Perry

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 60

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  56.02

  	
   

  	
  Pound

  	
   

  	
  Wm. F. Strang

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 61

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  168.88

  	
   

  	
  Pound

  	
   

  	
  D. H. Riner

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 62

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  25.60

  	
   

  	
  Pound

  	
   

  	
  W. L. Purkey

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 63

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  198.00

  	
   

  	
  Pound

  	
   

  	
  John Cantrell

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 64

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  87.50

  	
   

  	
  Pound

  	
   

  	
  D. A. Dotson

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 65

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  27.50

  	
   

  	
  Pound

  	
   

  	
  S. V. Hill

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 66

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  33.25

  	
   

  	
  Pound

  	
   

  	
  S. V. Hill

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 67

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  69.26

  	
   

  	
  Pound

  	
   

  	
  H. J. Hill

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 68

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  135.54

  	
   

  	
  Pound

  	
   

  	
  William Dotson

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 69

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  8.00

  	
   

  	
  Pound

  	
   

  	
  C. H. Baker

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 70

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  181.00

  	
   

  	
  Pound

  	
   

  	
  Zachariah Mullins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 71

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  122.00

  	
   

  	
  Flat Gap

  	
   

  	
  J. M. Baker

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 72

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  49.60

  	
   

  	
  Flat Gap

  	
   

  	
  John R. Baker

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 73

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  20.00

  	
   

  	
  Flat Gap

  	
   

  	
  J. H. Stallard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 74

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  70.00

  	
   

  	
  Flat Gap

  	
   

  	
  C. H. Baker

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 75

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  15.00

  	
   

  	
  Flat Gap

  	
   

  	
  R. D. Stallard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 76

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  15.00

  	
   

  	
  Flat Gap

  	
   

  	
  Joseph H. Stallard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 77

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  312.33

  	
   

  	
  Flat Gap

  	
   

  	
  R. L. Phipps

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


61

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  TC 78

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  100.00

  	
   

  	
  Flat Gap

  	
   

  	
  C. G. Swindall

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 79

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  38.00

  	
   

  	
  Flat Gap

  	
   

  	
  Martha J. Hillman

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 80

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  68.88

  	
   

  	
  Flat Gap

  	
   

  	
  John A. Hall

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 81

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  89.76

  	
   

  	
  Flat Gap

  	
   

  	
  D. A. Stallard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 82

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  145.00

  	
   

  	
  Flat Gap

  	
   

  	
  Silas Boggs

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 83

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  115.25

  	
   

  	
  Flat Gap

  	
   

  	
  Riley Mullins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 84

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  43.22

  	
   

  	
  Flat Gap

  	
   

  	
  Baswell Mullins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 85

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  81.00

  	
   

  	
  Flat Gap

  	
   

  	
  W. W. Nickels

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 86

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  124.00

  	
   

  	
  Flat Gap

  	
   

  	
  Thomas B. Dotson

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 87

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  60.00

  	
   

  	
  Flat Gap

  	
   

  	
  J. W. Stallard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 88

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  108.90

  	
   

  	
  Flat Gap

  	
   

  	
  O. M. Vicars

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 89

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  124.50

  	
   

  	
  Flat Gap

  	
   

  	
  Jas. H. Hamilton

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 90

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  10.00

  	
   

  	
  Flat Gap

  	
   

  	
  William McFall

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 91

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  10.00

  	
   

  	
  Jenkins East

  	
   

  	
  Jas. Crabtree

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 92

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  122.90

  	
   

  	
  Jenkins East

  	
   

  	
  Jas. Crabtree & Jas. Stanley

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 93

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  29.95

  	
   

  	
  Jenkins East

  	
   

  	
  W. P. Stanley

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 94

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  246.92

  	
   

  	
  Jenkins East

  	
   

  	
  Abraham Mullins

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 95

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  102.00

  	
   

  	
  Jenkins East

  	
   

  	
  Floyd Stanley

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 96

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  570.00

  	
   

  	
  Jenkins East

  	
   

  	
  J. Wiley Davis

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 97

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  137.00

  	
   

  	
  Jenkins East

  	
   

  	
  Osborne Howell

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 98

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  405.00

  	
   

  	
  Jenkins East

  	
   

  	
  W. M. Thurnbury

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 99

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  100.00

  	
   

  	
  Jenkins East

  	
   

  	
  Wesley Vanover

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 100

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  129.00

  	
   

  	
  Jenkins East

  	
   

  	
  A. H. Hill

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 101

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  413.00

  	
   

  	
  Jenkins East

  	
   

  	
  Solomon Mullins

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


62

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  TC 102

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  113.03

  	
   

  	
  Jenkins East

  	
   

  	
  Harris Cheape

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 103

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  35.56

  	
   

  	
  Jenkins East

  	
   

  	
  Jacob Baumgardner

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 104

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  196.00

  	
   

  	
  Jenkins East

  	
   

  	
  Martin Branham

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 105

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  110.00

  	
   

  	
  Jenkins East

  	
   

  	
  M. Gilliam

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 106

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  44.50

  	
   

  	
  Jenkins East

  	
   

  	
  J. C. Roberson

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 107

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  67.00

  	
   

  	
  Clintwood

  	
   

  	
  Sarah Taylor

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 108

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  72.11

  	
   

  	
  Clintwood

  	
   

  	
  Wesley Vanover

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 109

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  87.82

  	
   

  	
  Clintwood

  	
   

  	
  Wm. J. Fleming

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 110

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  9.94

  	
   

  	
  Clintwood

  	
   

  	
  Wm.  J. Fleming

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 111

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  93.86

  	
   

  	
  Clintwood

  	
   

  	
  Wm. J. Fleming

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 112

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  28.29

  	
   

  	
  Clintwood

  	
   

  	
  Columbus Phipps

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 113

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  135.00

  	
   

  	
  Clintwood

  	
   

  	
  W. V. Vanover

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 114

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  372.30

  	
   

  	
  Clintwood

  	
   

  	
  Isaac Kilgore

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 115

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  52.26

  	
   

  	
  Clintwood

  	
   

  	
  Harve Kelley

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 116

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  131.84

  	
   

  	
  Clintwood

  	
   

  	
  Isaac Mulling

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 117

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  50.00

  	
   

  	
  Clintwood

  	
   

  	
  Horace Hardway

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 118

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  507.35

  	
   

  	
  Clintwood

  	
   

  	
  Wilbur Phipps

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 119

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  39.22

  	
   

  	
  Clintwood

  	
   

  	
  M. F. Senter

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 120

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  77.17

  	
   

  	
  Clintwood

  	
   

  	
  C. C. & J. P. Kilgore

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 121

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  122.86

  	
   

  	
  Clintwood

  	
   

  	
  C. C. Kilgore

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 122

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  188.62

  	
   

  	
  Clintwood

  	
   

  	
  P. P. Haynes

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 123

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  65.72

  	
   

  	
  Clintwood

  	
   

  	
  C. C. & J. P. Kilgore

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 124

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  9.59

  	
   

  	
  Clintwood

  	
   

  	
  S. T. Fleming & J. L. Litz

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 125

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  68.47

  	
   

  	
  Clintwood

  	
   

  	
  L. S. Mullins

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 126

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  43.34

  	
   

  	
  Clintwood

  	
   

  	
  Geo.W. Stanley

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


63
















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  TC
  127

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  441.53

  	
   

  	
  Clintwood

  	
   

  	
  M. S. Dotson

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  128

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  34.74

  	
   

  	
  Clintwood

  	
   

  	
  R. W. Beverly

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  129

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  7.31

  	
   

  	
  Clintwood

  	
   

  	
  L. C. Ramey

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  130

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  60.00

  	
   

  	
  Clintwood

  	
   

  	
  Zack Mullins

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  131

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  37.01

  	
   

  	
  Clintwood

  	
   

  	
  H. L. V. Neel

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  132

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  56.12

  	
   

  	
  Clintwood

  	
   

  	
  Geo.W. Fleming

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  133

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  119.85

  	
   

  	
  Clintwood

  	
   

  	
  A. J. Fleming

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  134

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  35.86

  	
   

  	
  Clintwood

  	
   

  	
  Andrew Mullins

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  135

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  35.88

  	
   

  	
  Clintwood

  	
   

  	
  Wesley Vanover

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  136

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  70.02

  	
   

  	
  Clintwood

  	
   

  	
  Wesley Vanover

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  137

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  320.75

  	
   

  	
  Clintwood

  	
   

  	
  Jno. P. Chase

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  138

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  112.72

  	
   

  	
  Clintwood

  	
   

  	
  Phil Fleming

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  139

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  104.03

  	
   

  	
  Clintwood

  	
   

  	
  Lovel Stanley

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  140

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  5.88

  	
   

  	
  Clintwood

  	
   

  	
  A. Rose

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  141

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  4.15

  	
   

  	
  Clintwood

  	
   

  	
  A. Rose

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  142

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  97.00

  	
   

  	
  Caney Ridge

  	
   

  	
  Joseph Stanley

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  143

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  100.00

  	
   

  	
  Caney Ridge

  	
   

  	
  A. G. Hawkins

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  144

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  60.00

  	
   

  	
  Caney Ridge

  	
   

  	
  Chas. Turner

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  145

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  59.73

  	
   

  	
  Caney Ridge

  	
   

  	
  S. S. Hibbitts

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  146

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  200.00

  	
   

  	
  Caney Ridge

  	
   

  	
  E. H. Dotson

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  147

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  29.11

  	
   

  	
  Caney Ridge

  	
   

  	
  H. C. Stanley

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  148

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  55.00

  	
   

  	
  Caney Ridge

  	
   

  	
  Wm. Adams

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  149

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  86.54

  	
   

  	
  Caney Ridge

  	
   

  	
  Phillip Fleming

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  150

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  22.59

  	
   

  	
  Caney Ridge

  	
   

  	
  S. C. Gose

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  151

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  412.50

  	
   

  	
  Caney Ridge

  	
   

  	
  L. M. Powers

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  152

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  258.46

  	
   

  	
  Caney Ridge

  	
   

  	
  Robert Rose

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  153

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  84.93

  	
   

  	
  Caney Ridge

  	
   

  	
  Wilson Rose Jr.

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  154

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  131.93

  	
   

  	
  Caney Ridge

  	
   

  	
  Noah Smith

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  155

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  50.00

  	
   

  	
  Caney Ridge

  	
   

  	
  Seth Adkins

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


64

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  TC
  156

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  469.25

  	
   

  	
  Caney Ridge

  	
   

  	
  Robert B. Bise

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  157

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  19.24

  	
   

  	
  Caney Ridge

  	
   

  	
  Thomas Bise

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  158

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  54.84

  	
   

  	
  Caney Ridge

  	
   

  	
  A. W. Hale

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  159

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  209.65

  	
   

  	
  Caney Ridge

  	
   

  	
  John E. Rose

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  160

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  97.52

  	
   

  	
  Caney Ridge

  	
   

  	
  Shrole, Inc.

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  161

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  726.69

  	
   

  	
  Caney Ridge

  	
   

  	
  Zilpaia Rose

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  162

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  119.00

  	
   

  	
  Coeburn

  	
   

  	
  Allen W. Powers

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  163

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  87.30

  	
   

  	
  Coeburn

  	
   

  	
  Sam’I Hom

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  164

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  219.10

  	
   

  	
  St. Paul

  	
   

  	
  H. P. Phillips

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  165

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  284.68

  	
   

  	
  St. Paul

  	
   

  	
  J. E. Phillips

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  166

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  100.00

  	
   

  	
  St. Paul

  	
   

  	
  W. P. White

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  167

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  20.11

  	
   

  	
  St. Paul

  	
   

  	
  J. D. McReynolds

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  168

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  65.00

  	
   

  	
  St. Paul

  	
   

  	
  Jax. L. McCoy

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  169

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  6.51

  	
   

  	
  St. Paul

  	
   

  	
  Jno. F. McCoy

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  170

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  150.00

  	
   

  	
  St. Paul

  	
   

  	
  Wm. McCoy & M. Hughes

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  171

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  83.40

  	
   

  	
  St. Paul

  	
   

  	
  John M. McCoy

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  172

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  15.00

  	
   

  	
  St. Paul

  	
   

  	
  W.T. Goodloe

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  173

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  50.00

  	
   

  	
  Nora

  	
   

  	
  Uriah Hay

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  174

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  32.24

  	
   

  	
  Nora

  	
   

  	
  Henry kiser

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  175

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  106.00

  	
   

  	
  Nora

  	
   

  	
  Henry Kiser

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  176

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  90.00

  	
   

  	
  Nora

  	
   

  	
  Elijah Neece (Lambert’s 905467L)

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  177

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  168.23

  	
   

  	
  Nora

  	
   

  	
  Elexius Smith

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  178

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  109.85

  	
   

  	
  Nora

  	
   

  	
  D. L. French

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  179

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  106.00

  	
   

  	
  Nora

  	
   

  	
  Hagan & Rasnick

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  180

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  426.60

  	
   

  	
  Nora

  	
   

  	
  Hagan & Rasnick

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  181

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  148.40

  	
   

  	
  Haysi

  	
   

  	
  John Hay

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  182

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  121.62

  	
   

  	
  Haysi

  	
   

  	
  C. A. Wiilis

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  183

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  176.30

  	
   

  	
  Haysi

  	
   

  	
  H. H. Fuller

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


65

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  TC
  184

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  75.00

  	
   

  	
  Haysi

  	
   

  	
  W. L. Counts

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  185

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  20.00

  	
   

  	
  Haysi

  	
   

  	
  Noah Sykes

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  186

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  137.23

  	
   

  	
  Haysi

  	
   

  	
  D. E. Mullins

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  187

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  244.34

  	
   

  	
  Haysi

  	
   

  	
  Johnson, Briggs & Pitts

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  188

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  856.53

  	
   

  	
  Haysi

  	
   

  	
  Big Sandy Fuel Corp.

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  189

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  164.22

  	
   

  	
  Haysi

  	
   

  	
  J. B. Turner

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  190

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  141.48

  	
   

  	
  Haysi

  	
   

  	
  S. J. Turner

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  191

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  109.23

  	
   

  	
  Haysi

  	
   

  	
  J. R. Gillenwater

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  192

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  126.98

  	
   

  	
  Haysi

  	
   

  	
  J. H. Duty

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  193

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  102.11

  	
   

  	
  Haysi

  	
   

  	
  Joshiah Wood

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  194

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  161.79

  	
   

  	
  Haysi

  	
   

  	
  A. W. Hay

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  195

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  98.77

  	
   

  	
  Haysi

  	
   

  	
  David Puckett

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  196 

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  186.10 

  	
   

  	
  Haysi 

  	
   

  	
  Drewery Puckett 

  	
   

  	
  Dickenson 

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  197

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  510.84

  	
   

  	
  Haysi

  	
   

  	
  Henry Hall

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  198

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  219.12

  	
   

  	
  Haysi

  	
   

  	
  Big Sandy Fuel Corp.

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  199

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  292.67

  	
   

  	
  Haysi

  	
   

  	
  Jonathan S. Willis

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  200

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  194.99

  	
   

  	
  Haysi

  	
   

  	
  Hamilton Lyle

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  201

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  89.46

  	
   

  	
  Haysi

  	
   

  	
  Isa  M. Colley

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  202

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  196.10

  	
   

  	
  Haysi

  	
   

  	
  Elihu Owens

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  203

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  56.38

  	
   

  	
  Haysi

  	
   

  	
  W. J. Cochran

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  204 

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  28.17 

  	
   

  	
  Haysi 

  	
   

  	
  J. H. & Tevis Colley 

  	
   

  	
  Dickenson 

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  205

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  71.40

  	
   

  	
  Haysi

  	
   

  	
  H. W. Owens

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  206

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  127.79

  	
   

  	
  Haysi

  	
   

  	
  J. B. F. Counts

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  207

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  278.86

  	
   

  	
  Haysi

  	
   

  	
  Jacob Fuller

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  208

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  79.80

  	
   

  	
  Elkhorn

  	
   

  	
  Jackson Tract

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  209

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  70.00

  	
   

  	
  Elkhorn

  	
   

  	
  J. S. Willis

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  210

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  58.00

  	
   

  	
  Elkhorn

  	
   

  	
  J. T. Wilder

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  211

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  93.00

  	
   

  	
  Elkhorn

  	
   

  	
  James H. Sykes

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


66

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  TC
  212

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  147.18

  	
   

  	
  Elkhorn

  	
   

  	
  Johnson-Looney

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  213

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  70.80

  	
   

  	
  St. Paul

  	
   

  	
  S. D. May

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  214

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  209.02

  	
   

  	
  Duly

  	
   

  	
  Elihu L. Kiser

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  215

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  100.00

  	
   

  	
  Duly

  	
   

  	
  S. J. Tiller

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  216

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  105.18

  	
   

  	
  Duly

  	
   

  	
  James Owens

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  217

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  100.00

  	
   

  	
  Duty

  	
   

  	
  John H. Duty

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  218

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  165.50

  	
   

  	
  Duly

  	
   

  	
  Wm. J. Tiller

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  219

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  975.29

  	
   

  	
  Duty

  	
   

  	
  J. H. Powers

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  220

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  24.48

  	
   

  	
  Duly

  	
   

  	
  Z. T. Sutherland

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  221

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  279.51

  	
   

  	
  Duly

  	
   

  	
  Z. T. Sutherland

  	
   

  	
  Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC 222

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  1070.81

  	
   

  	
  Duly

  	
   

  	
  John Duty

  	
   

  	
  Dickenson & Buchanan

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  223

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  163.00

  	
   

  	
  Duty

  	
   

  	
  John H. Duty

  	
   

  	
  Buchanan

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  224

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  321.00

  	
   

  	
  Duly

  	
   

  	
  John H. Duty

  	
   

  	
  Buchanan

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  225

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  103.00

  	
   

  	
  Duly

  	
   

  	
  N. B. Sutherland

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  226

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  382.56

  	
   

  	
  Duly

  	
   

  	
  J. B. Compton

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  227

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  9.78

  	
   

  	
  Prater

  	
   

  	
  M. T. B. Owens

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  228

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  200.77

  	
   

  	
  Prater

  	
   

  	
  J. W. Robinson

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  229

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  76.22

  	
   

  	
  Prater

  	
   

  	
  J. H. Duty

  	
   

  	
  Buchanan

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  230

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  146.19

  	
   

  	
  Prater

  	
   

  	
  Big Sandy Fuel Corp.

  	
   

  	
  Buchanan

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  231

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  248.23

  	
   

  	
  Prater

  	
   

  	
  J. W. Robinson

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  232

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  44.11

  	
   

  	
  Prater

  	
   

  	
  B. F. Owens

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  233

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  400.00

  	
   

  	
  Prater

  	
   

  	
  Big Sandy Fuel Corp.

  	
   

  	
  Dickenson

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  234

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  187.00

  	
   

  	
  Big A

  	
   

  	
  Dwight M. Lowrey

  	
   

  	
  Buchanan & Russell

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  235

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  130.21

  	
   

  	
  Big A

  	
   

  	
  Simon Street

  	
   

  	
  Buchanan

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  236

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  220.00

  	
   

  	
  Big A

  	
   

  	
  Cornelius Ball

  	
   

  	
  Buchanan

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  237

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  42.00

  	
   

  	
  Big A

  	
   

  	
  J. H. Duty

  	
   

  	
  Buchanan

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  238

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  135.00

  	
   

  	
  Vansant

  	
   

  	
  James Jackson

  	
   

  	
  Buchanan

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  239

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  144.00

  	
   

  	
  Vansant

  	
   

  	
  W. W. Fletcher

  	
   

  	
  Buchanan

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


67

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  TC
  240

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  50.00

  	
   

  	
  Vansant

  	
   

  	
  G. B. Fletcher

  	
   

  	
  Buchanan

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  241

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  106.42

  	
   

  	
  Vansant

  	
   

  	
  John H. Duty

  	
   

  	
  Buchanan

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  TC
  242

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  11.39

  	
   

  	
   

  	
   

  	
  R. W. Marshall (from VIC)

  	
   

  	
  Wise

  	
   

  	
  152

  	
   

  	
  281

  	
   

  
	
  TC
  243

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  33.00

  	
   

  	
   

  	
   

  	
  Charles Musick (VC-2978)

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  186.00

  	
   

  	
  Flat Gap

  	
   

  	
  Jacob Burnley

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  90.00

  	
   

  	
  Pound

  	
   

  	
  Jeff Holifield

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  111.00

  	
   

  	
  Pound

  	
   

  	
  J.C. Richmond

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  19.63

  	
   

  	
  Pound

  	
   

  	
  D.S. Gilliam

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  153.80

  	
   

  	
  Pound

  	
   

  	
  Jeff Sowards

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  5.00

  	
   

  	
  Pound

  	
   

  	
  Ira Collins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  3.65

  	
   

  	
  Pound

  	
   

  	
  Emiline Collins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  132.59

  	
   

  	
  Pound

  	
   

  	
  J.W. Stallard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  13.77

  	
   

  	
  St. Paul

  	
   

  	
  Billy Joe Hale

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  9.18

  	
   

  	
  St. Paul

  	
   

  	
  Billy Joe Hale

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  13.80

  	
   

  	
  Norton

  	
   

  	
  Wm. H. Gardner

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  21.93

  	
   

  	
  Caney Ridge

  	
   

  	
  W.J. Rinq

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  85.76

  	
   

  	
  Coebum

  	
   

  	
  Geo. W. Ramsey

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  31.70

  	
   

  	
  Coebum

  	
   

  	
  E.M. Fulton

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  137.60

  	
   

  	
  Coeburn

  	
   

  	
  Wm. J. Gibson

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  9.61

  	
   

  	
  Coeburn

  	
   

  	
  David A. Meade

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  3.28

  	
   

  	
  Coeburn

  	
   

  	
  Virgil Willis

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  14.55

  	
   

  	
  Coeburn

  	
   

  	
  Virgil Willis

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  3.52

  	
   

  	
  Coebum

  	
   

  	
  Chs. Hughes

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  20.14

  	
   

  	
  Coeburn

  	
   

  	
  Roger Sturgill

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  45.00

  	
   

  	
  Coebum

  	
   

  	
  Thomas Dotson

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  10.47

  	
   

  	
  Coeburn

  	
   

  	
  Henry

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  4.59

  	
   

  	
  Coeburn

  	
   

  	
  Meade

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  0.99

  	
   

  	
  Coeburn

  	
   

  	
  Geraldine Stallard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


68

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  0.55

  	
   

  	
  Coeburn

  	
   

  	
  J. D. Nicewonder
  Jr.

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  12.40

  	
   

  	
  Coeburn

  	
   

  	
  J. D. Nicewonder
  Jr.

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  0.57

  	
   

  	
  Coeburn

  	
   

  	
  Contracting Enterprises RoW

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  0.96

  	
   

  	
  Coeburn

  	
   

  	
  Contracting Enterprises

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  12.01

  	
   

  	
  Coeburn

  	
   

  	
  Thelmore Dingus

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  53.66

  	
   

  	
  Coeburn

  	
   

  	
  John Meade Est.

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  33.80

  	
   

  	
  Coeburn

  	
   

  	
  Edgar Hollyfield

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  8.49

  	
   

  	
  Coeburn

  	
   

  	
  Dora Mullins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  28.48

  	
   

  	
  Coeburn

  	
   

  	
  Paul E. Vanover

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  1.00

  	
   

  	
  Coeburn

  	
   

  	
  Jimmy D. Elkins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  2.23

  	
   

  	
  Coeburn

  	
   

  	
  Timothy W. Balthis

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  2.95

  	
   

  	
  Coeburn

  	
   

  	
  Timothy W. Balthis

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  11.58

  	
   

  	
  Coeburn

  	
   

  	
  Lillian Hubbard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  10.00

  	
   

  	
  Coeburn

  	
   

  	
  Cora Slemp

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  10.00

  	
   

  	
  Coeburn

  	
   

  	
  Virginia M. Boggs

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  10.00

  	
   

  	
  Coeburn

  	
   

  	
  Michael Collins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  10.00

  	
   

  	
  Coeburn

  	
   

  	
  Marie Collins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  10.00

  	
   

  	
  Coebum

  	
   

  	
  Marie Mullins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  3.25

  	
   

  	
  Coeburn

  	
   

  	
  Carlos B. Bolling

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  12.00

  	
   

  	
  Coeburn

  	
   

  	
  Doug Hartstock

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  14.00

  	
   

  	
  Coeburn

  	
   

  	
  Doug Hartstock

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  26.00

  	
   

  	
  Coeburn

  	
   

  	
  Nora E. Rose et. al.

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  45.09

  	
   

  	
  Coeburn

  	
   

  	
  Martha R. Hubbard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


69

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  37.04

  	
   

  	
  Coeburn

  	
   

  	
  Garland McCarthy

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  18.00

  	
   

  	
  Coeburn

  	
   

  	
  Shirley M. Belcher

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  15.43

  	
   

  	
  Coeburn

  	
   

  	
  David McCarthy

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  28.00

  	
   

  	
  Coeburn

  	
   

  	
  Glen A. Stapleton

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  14.55

  	
   

  	
  Coeburn

  	
   

  	
  Paul Carter et. al.

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  12.00

  	
   

  	
  Coeburn

  	
   

  	
  Ethel Perry Est.

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  37.65

  	
   

  	
  Coeburn

  	
   

  	
  Jerry Strouth

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  45.00

  	
   

  	
  Coeburn

  	
   

  	
  J. H. Blevins

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  88.80

  	
   

  	
  Coeburn

  	
   

  	
  David Culberson

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  29.00

  	
   

  	
  Coeburn

  	
   

  	
  David Culberson

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  19.84

  	
   

  	
  Wise

  	
   

  	
  Paramount Land Co.

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  18.55

  	
   

  	
  Jenkins West

  	
   

  	
  Napoleon Meade

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  65.55

  	
   

  	
  Jenkins West

  	
   

  	
  Albert Lee Edwards

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  7.23

  	
   

  	
  Jenkins West

  	
   

  	
  Winford Stallard

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  164.28

  	
   

  	
  Jenkins East

  	
   

  	
  C. F. Flanary

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  W 108

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  199.50

  	
   

  	
  Jenkins East

  	
   

  	
  W. F. Addington

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  W 114

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  15.94

  	
   

  	
  Jenkins East

  	
   

  	
  D. W. Austin

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  W115

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  119.25

  	
   

  	
  Jenkins East

  	
   

  	
  David W. Austin

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  W 116

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  40.00

  	
   

  	
  Jenkins East

  	
   

  	
  Margret Austin

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  W 117

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  80.00

  	
   

  	
  Jenkins East

  	
   

  	
  Margaret J. Austin

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  W 118

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  138.50

  	
   

  	
  Jenkins East

  	
   

  	
  W. D. Austin

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  W 137

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  48.00

  	
   

  	
  Jenkins East

  	
   

  	
  G. W. Branham

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  W 138

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  139.35

  	
   

  	
  Jenkins East

  	
   

  	
  John C. Branham
  et al.

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  W 139

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  113.95

  	
   

  	
  Jenkins East

  	
   

  	
  Spencer Branham

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  W 140

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  104.00

  	
   

  	
  Jenkins East

  	
   

  	
  Martin Branham

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


70

















 


	
  Equitable Tract Number

  	
   

  	
  Grantor

  	
   

  	
  Date of

  Acquisition

  	
   

  	
  Acreage

  Amount

  	
   

  	
  District

  Location

  	
   

  	
  Common

  Name of

  Tract

  	
   

  	
  County

  	
   

  	
  Deed

  Book

  	
   

  	
  Page

  	
   

  
	
  W141

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  223.00

  	
   

  	
  Jenkins East

  	
   

  	
  Martin Branham

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  W 142

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  51.50

  	
   

  	
  Jenkins East

  	
   

  	
  Martin Branham

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  W 159

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  109.00

  	
   

  	
  Jenkins East

  	
   

  	
  David Cox

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  W 160

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  84.00

  	
   

  	
  Jenkins East

  	
   

  	
  Edmond Cox

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  W 166

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  72.50

  	
   

  	
  Jenkins East

  	
   

  	
  David Elison

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  W 171

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  103.75

  	
   

  	
  Jenkins East

  	
   

  	
  C. W. Gibson

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  W 201

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  80.00

  	
   

  	
  Jenkins East

  	
   

  	
  Joseph McFall

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  W207

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  125.00

  	
   

  	
  Jenkins East

  	
   

  	
  James McPeake

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  W 231

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  48.00

  	
   

  	
  Jenkins East

  	
   

  	
  J. H. Roberson

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  W233

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  13.00

  	
   

  	
  Jenkins East

  	
   

  	
  R. L. Robinson

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  W 240

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  143.00

  	
   

  	
  Jenkins East

  	
   

  	
  Jeff Sowards

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  W241

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  107.50

  	
   

  	
  Jenkins East

  	
   

  	
  P. J. Sowards

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  W 250

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  700.00

  	
   

  	
  Jenkins East

  	
   

  	
  Eli Swindall

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  W254

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  40.00

  	
   

  	
  Jenkins East

  	
   

  	
  J. S. “Smith” Whitaker

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  W648

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  700.00

  	
   

  	
  Jenkins East

  	
   

  	
  J. D. Lipps

  	
   

  	
  Wise

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
  TOTALS  

  	
   

  	
  246,816.42

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  



 


End
of Schedule “B”


 


71
















 


SCHEDULE “C”


 


Attached to
and made a part of that certain Easement Agreement by and between Pine Mountain
Oil and Gas, Inc., as Grantor, and Nora Gathering, LLC, as Grantee.


 


Agreements
and Conveyances With Respect to Excepted Interests


 


1.               Lease
Agreement dated May 1, 1970 by and between The Pittsion Company and United
Fuel Gas Company of record in the Clerk’s Office of the Circuit Court of
Buchanan County, Virginia in Deed Book 195 Page 198, and in the Clerk’s
Office of the Circuit Court of Dickinson County In Deed Book 145 Page 499.


 


2.               Coalbed
Methane Exploration and Development Agreement and Joint Operating Agreement
dated July 29, 2004 by and between Grantor and Columbia Natural Resources,
LLC, a Memorandum of which Agreement is recorded in the Clerk’s Office of the
Circuit Court of Dickenson County, Virginia in Deed Book 414 Page 681 and
in the Clerk’s Office of the Circuit Court of Buchanan County, Virginia in Deed
Book 620 Page 673.


 


3.               Lease
Agreement dated October 27, 2004 by and between Grantor and Columbia
Natural Resources, LLC covering 848.6 acres which lease is of record in the
Clerk’s Office of the Circuit Court of Buchanan County, Virginia in Deed Book
605 Page 209 and a Memorandum of Conventional Gas Joint Operating
Agreement by and between Grantor and Columbia Natural Resources, LLC affecting
this lease, of record in the Clerk’s Office of the Circuit Court of Buchanan
County, Virginia in Deed Book 620 Page 670.


 


4.               The
M.J. Stiltner Tract containing approximately 109 acres as described in the
records of the Clerk’s Office of the Circuit Court of Buchanan County, Virginia
in Deed Book C Page 388.


 


5.               Amendment
and Acreage Agreement dated August 11, 2006 by and between Grantor,
Chesapeake Appalachia, LLC and Equitable Production Company.


 


End of Schedule “C”


 


1

















 


SCHEDULE “D”


 


Attached to
and made a part of that certain Easement Agreement by and between Pine Mountain
Oil and Gas, Inc., as Grantor, and Nora Gathering, LLC, as Grantee.


 


Leases


 


	
  Lessor

  	
   

  	
  Lessee

  	
   

  	
  Lease Date

  	
   

  	
  Acres

  	
   

  	
  State

  	
   

  	
  County

  	
   

  	
  Recording Information Instrument Number

  	
   

  
	
  1

  	
   

  	
  Ada Lee
  Ratliff

  	
   

  	
  PMOG

  	
   

  	
  10/6/2005

  	
   

  	
  203.59 

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  05-0003432

  	
   

  
	
  2

  	
   

  	
  Ada Lee
  Ratliff

  	
   

  	
  PMOG

  	
   

  	
  10/6/2005

  	
   

  	
  201.7

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  05-0003433

  	
   

  
	
  3

  	
   

  	
  Linda R. Yates

  	
   

  	
  PMOG

  	
   

  	
  10/3/2005

  	
   

  	
  201.7 

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  05-0003434

  	
   

  
	
  4

  	
   

  	
  Roger Yates,
  et ux

  	
   

  	
  PMOG

  	
   

  	
  11/10/2005

  	
   

  	
  201.7

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  06-0000015

  	
   

  
	
  5

  	
   

  	
  Linda Gay Belcher, et vir

  	
   

  	
  PMOG

  	
   

  	
  2/3/2006

  	
   

  	
  38

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  06-0000649

  	
   

  
	
  6

  	
   

  	
  Johnny
  Belcher, et ux

  	
   

  	
  PMOG

  	
   

  	
  2/3/2006

  	
   

  	
  2.25

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  06-0000646

  	
   

  
	
  7

  	
   

  	
  Johnny
  Belcher, et ux

  	
   

  	
  PMOG

  	
   

  	
  2/15/2006

  	
   

  	
  2.25

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  06-0000789

  	
   

  
	
  8

  	
   

  	
  Seldon Clevinger,
  et ux

  	
   

  	
  PMOG

  	
   

  	
  2/22/2006

  	
   

  	
  55.4

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  06-0001001

  	
   

  
	
  9

  	
   

  	
  Doris
  Childress, et vir

  	
   

  	
  PMOG

  	
   

  	
  2/22/2006

  	
   

  	
  55.4

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  06-0000999

  	
   

  
	
  10

  	
   

  	
  Delores Bentley,
  et vir

  	
   

  	
  PMOG

  	
   

  	
  2/22/2006

  	
   

  	
  55.4 

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  06-0000998

  	
   

  
	
  11

  	
   

  	
  Ruby Neil,
  et vir

  	
   

  	
  PMOG

  	
   

  	
  2/22/2006

  	
   

  	
  55.4

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  06-0001000

  	
   

  
	
  12

  	
   

  	
  Freida
  Brown, et vir

  	
   

  	
  PMOG

  	
   

  	
  2/2/2006

  	
   

  	
  55.4

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  06-0001422

  	
   

  
	
  13

  	
   

  	
  Roy E.
  Owens, et ux

  	
   

  	
  PMOG

  	
   

  	
  3/24/2006

  	
   

  	
  12.62

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  06-0001817

  	
   

  
	
  14

  	
   

  	
  Paul R. Owens, et ux

  	
   

  	
  PMOG

  	
   

  	
  3/24/2006

  	
   

  	
  12.26

  	
   

  	
  Virginia

  	
   

  	
  Buchanan

  	
   

  	
  06-0001995

  	
   

  



 


End of
Schedule “D”


 


1

















 


SCHEDULE “E”


 


Attached to
and made a part of that certain Easement Agreement by  and
between Pine Mountain Oil and Gas, Inc., as Grantor, and Nora  Gathering,
LLC, as Grantee.


 


AMI


 


1.             AMI (as such term is
defined in that certain Operating Agreement, dated as of the date hereof,
between EPC and PMOG).


 


End of Schedule “E”


 


1

















 


SCHEDULE
“F”


 


Attached to
and made a part of that certain Easement Agreement by and between Pine Mountain
Oil and Gas, Inc., as Grantor, and Nora Gathering, LLC, as Grantee.


 


Conveyances to Which Easement is Subject


 


1.             Deed made and entered into the eleventh (11th) day of December, 2002, by and between PYXIS RESOURCES COMPANY, a
Virginia corporation, CLINCHFIELD COAL COMPANY, a Virginia corporation, PARAMOUNT
COAL CORPORATION, a Delaware corporation, and MOTIVATION COAL COMPANY, a
Virginia corporation, Grantors, and ALPHA LAND AND RESERVES, LLC, a Delaware
limited liability company, Grantee, which deed is of record in the Clerk’s
Office of the Circuit Court of Dickenson County, Virginia as Instrument No. 020002398;
in the Wise County Circuit Court Clerk’s Office, Deed Instrument No. 200205755,
Page 000348; in the Clerk’s Office of the Circuit Court of Buchanan County,
Virginia in Deed Book 559, Page 217; in the Clerk’s Office of the Circuit Court
of Russell County, Virginia in Deed Book 571, Page 0071.


 


2.               Deed
made and entered into the eleventh (11th)
day of December, 2002, by and between CLINCHFIELD COAL COMPANY, a Virginia
corporation, as Grantor, and DICKENSON-RUSSELL COAL COMPANY, LLC, a Delaware
limited liability company as Grantee which deed is of record in the Clerk’s
Office of the Circuit Court of Dickenson County, Virginia, as Instrument
No. 020002397; in the Clerk’s Office of the Circuit Court of Buchanan County, Virginia in Deed Book 559,
Page 165; in the Clerk’s Office of the Circuit Court of Russell County,
Virginia in Deed Book 571, Page 0019; in the Clerk’s Office of the Circuit
Court of Dickenson County, Virginia in Deed Book 381, Page 692.


 


3.               Deed made the eleventh (11th) day of December, 2002, by and between PYXIS RESOURCES COMPANY, a
Virginia corporation, CLINCHFIELD COAL COMPANY, a Virginia corporation,
PARAMOUNT COAL CORPORATION, a Delaware corporation, and MOTIVATION COAL COMPANY,
a Virginia corporation, as Grantors, and ALPHA LAND AND RESERVES, LLC, a
Delaware limited liability company, as Grantee, which deed is of record in the
Clerk’s Office of the Circuit Court of Wise County, Virginia as Instrument No. 200205754, page 000334.


 


4.               Deed
made the eleventh (11th) day of December, 2002, by and between CLINCHFIELD
COAL COMPANY, a Virginia corporation, as Grantor, and DICKENSON-RUSSELL COAL
COMPANY, LLC, a Delaware limited liability company, as Grantee, which deed is
of record in the Clerk’s Office of the Circuit Court of Dickenson County,
Virginia as Instrument No.: 020002395 in Deed Book 381, Page 671; in the
Clerk’s Office of the Circuit Court of Buchanan County in Deed Book 559, Page 147;
and in the Clerk’s Office of the Circuit Court of Russell County, Virginia in
Deed Book 571; Page 0001.


 


1

















 


5.               Deed dated the thirtieth (30th) day of December, 2003, by and between Pyxis Resources Company, Clinchfield Coal Company
and Paramount Coal Corporation, Grantors
and Heartland (sic) (Heartwood) Forestland Fund IV. L.P. Grantee, which deed is of record in the Clerk’s Office of the
Circuit Court of Buchanan County, Virginia in Deed Book 584 Page 591; and Deed dated the 29th day of
January 2004 by and between
Pyxis Resources Company, Clinchfield Coal Company and Paramount Coal Corporation, Grantors and
Heartland (sic) (Heartwood) Forestland Fund IV, LP., Grantee, which deed is of record in the Clerk’s Office of the
Circuit Court of Buchanan County,
Virginia in Deed Book 586 Page 166; and Deed of Correction dated seventh (7th) day of July 2004 effective as of January 29, 2004, by and between Pyxis Resources Company, Clinchfield Coal Company and Paramount Coal Corporation. Grantors and Heartwood
Forestland Fund IV, L.P. Grantee, which deed is of record in the Clerk’s Office of the Circuit Court of Buchanan
County, Virginia in Deed Book 599
Page 30. 


 


6.               The
Lease.


 


End of Schedule “F”


 


2

















 


SCHEDULE
“G”


 


Attached
to and made a part of that certain Easement Agreement by and between Pine
Mountain Oil and Gas, Inc., as Grantor, and Nora  Gathering, LLC, as
Grantee.


 


Nora-T Pipeline


 


[See attached behind this page.]


 


End of Schedule
“G”


 


1

















 


MAP


 


Schedule G — Nora T-Line

Dickenson and Wise Counties, Virginia


 
















 


EXHIBIT E


 


FORM OF NOTE


 


[Attached behind this page.]


 





















 


PROMISSORY NOTE


 


	
  US$                                                                  

  	
   

  	
  Date:
                        ,2007

  
	
  Name
  of Maker:

  	
  ET Blue Grass Company

  
	
  Address
  of Maker:

  	
  225 North Shore Drive

  
	
   

  	
  Pittsburgh, Pennsylvania 15212

  
	
  State
  of Incorporation:

  	
  Delaware

  
	
  Certificate
  of Incorporation Filed With:

  	
  Secretary of State of Delaware

  
	
  Due
  on:

  	
  Demand,
  or, if demand is not sooner made, December 31, 2008 (such stated date
  being the “Outside Maturity Date”)

  
							



 


Interest Payable on:
Demand, or, if demand is not sooner made the Outside Maturity Date


 


FOR VALUE
RECEIVED, the undersigned, ET Blue Grass Company, a Delaware corporation (“Maker”),
promises to pay on demand, or, if demand is not sooner made, on the Outside
Maturity Date, to the order of NORA GATHERING, LLC, a Delaware limited
liability company (“Payee” which term herein in every instance shall refer to
any owner of this note) the principal sum of
[                          ] DOLLARS
(US$[                    ]), together with interest accrued
thereon according to the terms set forth herein, said principal and interest
being payable in lawful money of the United States of America at the offices of
Payee located at 225 North Shore Drive, Pittsburgh, Pennsylvania 15212, or at
such other place as Payee may designate hereafter in writing Maker acknowledges
that Payee may from time to time demand partial payment of the unpaid principal
amount hereunder, together with all accrued and unpaid interest thereon.


 


1





















 


Interest on the
unpaid principal balance of this note, from the date hereof until maturity,
shall accrue at a rate equal to five and one half percent (5.50%) per annum
(the “Standard Interest Rate”). All interest under this note shall be
calculated on the actual number of days elapsed based on a 365/366 day year, as
applicable.


 


It is agreed and understood between Maker and Payee that this
note is for a loan that is made to an entity for business purposes and, as
such, the defense of usury is not available to the Maker or its successors and
assigns pursuant to Va. Code Ann. §6.1-330.75, the laws of such state governing
the enforcement of this note.


 


All unpaid
principal amounts, together with accrued and unpaid interest thereon, under
this note shall reach maturity on demand or, if demand is not sooner made, on
the Outside Maturity Date. All unpaid amounts shall be due when this note
reaches maturity. All amounts paid under this note shall apply first to accrued
and unpaid interest and, after such interest is repaid, to the unpaid principal
amount of this note. Maker may prepay this note in whole or in part at any time
without penalty. Partial prepayment shall not defer the Outside Maturity Date
or modify Payee’s right of demand provided herein, in any way.


 


If any of the
following events (the “Events of Default”) shall occur at any time, then, at
Payee’s election, the entire sum of the unpaid principal balance of this note
and accrued and unpaid interest thereupon (such sum being referred to herein as
the “Unpaid Amount”) at once shall mature and become due and payable upon such
occurrence of an Event of Default without notice or requirement for demand, to
the fullest extent permitted by applicable law:


 


(i)         Maker fails to make
any payment of principal hereof or interest thereon within thirty (30) days of
the date due or demanded, as the case may be;


 


2





















 


(ii)       Maker makes any assignment for the
benefit of creditors, if a petition in bankruptcy, reorganization, insolvency,
receivership or the like is filed by Maker with respect to Maker; or if a
petition in bankruptcy, reorganization, insolvency, receivership or the like is
filed by any Person other than Maker with respect to Maker and same is not
dismissed or stayed within sixty (60) days;


 


(iii)      The dissolution of Maker;


 


(iv)      Maker becomes insolvent, ceases to do
business as a going concern, or transfers or sells all or substantially all of
its assets;


 


(v)       Equitable Gathering Equity, LLC (“EGEL”)
(or any of its Affiliates that are Members) becomes a Defaulting Member. The
terms “Affiliates”, “Members” and “Defaulting Member” as used in this note
shall have the meanings given to such terms in that certain Amended and
Restated Limited Liability Company Agreement of Nora Gathering, LLC of even
date herewith, among Pine Mountain Oil & Gas, Inc., EGEL and Payee;


 


(vi)      Maker ceases to be an Affiliate of EGEL;
or


 


(vii)     Other than the failure of Maker to make
payments of principal or interest under this note, Maker breaches any of the
terms, covenants or conditions of this note and such breach is not cured within
thirty (30) days of Payee’s notice to Maker of such breach.


 


Upon the
occurrence of any Event of Default, interest on the Unpaid Amount shall accrue
at a rate equal to the Standard Interest Rate plus LIBOR until the entire
Unpaid Amount is repaid to Payee. “LIBOR” shall mean, for any month, the rate
per annum equal to the London Interbank Offered Rate for one month dollar
deposits as reported in The Wall Street Journal as of the first Business Day of
the applicable month.


 


3





















 


Upon the
occurrence of any of the Events of Default, Maker and each surety, endorser,
and guarantor (the “Obligors”) hereby waive all demands for payment,
presentations for payment, notice of dishonor, notices of intention to
accelerate maturity, notices of acceleration of maturity, protests, and notices
of protest, to the extent permitted by applicable law.


 


Notwithstanding
any course of dealing between the parties, neither failure nor delay on the
part of Payee to exercise any right, power or remedy hereunder shall operate as
a waiver thereof, nor shall any single or partial exercise by Payee of any
right, power or remedy hereunder preclude any other or further exercise thereof
or the exercise of any other right, power or remedy.


 


Maker shall not
assign or transfer (by merger or otherwise) any of its rights or obligations
under this note to any person or entity, except an Affiliate of Maker, without
prior written consent of Payee (which consent may be withheld in Payee’s sole
discretion). Maker may assign or transfer (by merger or otherwise) any of its
rights or obligations under this note to any Affiliate of Maker without consent
of Payee.


 


If any term or
other provision of this note shall be held invalid, illegal or incapable of
being enforced by any applicable law or public policy by a court of competent
jurisdiction, all other conditions and provisions of this note shall
nevertheless remain in full force and effect.


 


Notwithstanding
the foregoing and to the extent that it is permitted by applicable law, Maker,
its successors, assigns and all the Obligors hereby waive, and agree not to set
up in defense of the obligations herein, any claim or reliance upon any
invalidity of any provision contained herein regardless of any such finding by
any court of competent jurisdiction and in doing so each hereby acknowledges
that it has had the advice of counsel in the negotiation, preparation and
execution of this obligation and agree to be bound hereby.


 


4





















 


Upon a
determination by a court of competent jurisdiction that any term or other
provision of this note is invalid, illegal or incapable of being enforced,
Maker and Payee shall negotiate in good faith to modify this note as to give
effect to the original economic and legal intent of the Maker and Payee as
closely as possible in an acceptable manner to the end that the transaction
contemplated hereby is fulfilled to the extent possible.


 


A finding by any
court or tribunal that this note is not a negotiable instrument shall not
release, impair or negate the contractual obligations hereunder among the
Obligors and their respective successors and assigns.


 


The rights and
remedies of Payee under this note shall be cumulative and not alternative.
Notwithstanding any course of dealing between the parties, no waiver by Payee
of any right or remedy under this note shall be effective unless in a writing
signed by Payee. Neither the failure nor any delay in exercising any right,
power or privilege under this note will operate as a waiver of such right,
power or privilege and no single or partial exercise of any such right, power
or privilege by Payee will preclude any other or further exercise of such
right, power or privilege or the exercise of any other right, power or
privilege. To the maximum extent permitted by applicable law and
notwithstanding any course of dealing between the parties, (a) no claim or
right of Payee arising out of this note can be discharged by Payee, in whole or
in part, by a waiver or renunciation of the claim or right unless in a writing,
signed by Payee; (b) no waiver that may be given by Payee will be
applicable except in the specific instance for which it is given; and (c) no
notice to or demand on Maker will be deemed to be a waiver of any obligation of
Maker or of the right of Payee to take further action without notice or demand
as provided in this note.


 


5





















 


This note and the
legal relations between the Obligors and Payee shall be governed by and
construed in accordance with the laws of the Commonwealth of Virginia without
regard to principles of conflicts of laws that would direct the application of
the laws of another jurisdiction. Each party agrees that it shall bring any
action or proceeding in respect of any claim arising out of or related to this
Note or the transactions contemplated hereby exclusively in the Federal Court for the Western
District of Virginia (the “Chosen Court”) and in connection with claims arising
hereunder hereby, (i) irrevocably submits to the exclusive jurisdiction of
the Chosen Court, (ii) waives any objection to laying venue in any such
action or proceeding in the Chosen Court and (iii) waives any objection
that the Chosen Court is an inconvenient forum or does not have jurisdiction
over it. The foregoing consents to jurisdiction shall not constitute general
consents for any purpose except as provided herein and shall not be deemed to
confer rights on any person or entity other than the parties hereto.


 


Obligors shall be
responsible for the payment of all costs and fees arising or incurred in the
collection and enforcement by Payee or assigns of any and all obligations due
hereunder including reasonable attorneys fees.


 


 


	
   

  	
  ET BLUE GRASS COMPANY

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
  By:

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  – MAKER –

  



 


6





















 


EXHIBIT F


 


PERMITTED ENCUMBRANCES


 


None


 





















 


EXHIBIT G


 


FORM OF GATHERING AGREEMENT


 


[Attached behind this page.]


 




















 


GAS GATHERING AGREEMENT


 


THIS GAS GATHERING
AGREEMENT (“Agreement”) is entered into this
              
of April, 2007, by and between NORA GATHERING, LLC, a limited liability company
organized under the laws of Delaware (“Gatherer”), and Equitable Energy, LLC, a
limited liability company organized under the laws of Delaware (“Shipper”).


 


WHEREAS,
Gatherer owns certain natural gas gathering lines located in the Commonwealth
of Virginia;


 


WHEREAS,
Shipper has available certain supplies of natural gas (which natural gas
Shipper has purchased from one or more members of the Gatherer and such Natural
Gas has been produced from wells in which one or more of such members own a
working interest) which it desires to have gathered by Gatherer by use of
Gatherer’s natural gas gathering lines located in the Commonwealth of Virginia;


 


WHEREAS,
Shipper has requested that Gatherer provide gathering services for such natural
gas, on behalf of Shipper, by receiving quantities of such natural gas and
redelivering such quantities less the Gas Retention Percentage (as hereinafter
defined) for Shipper’s account; and


 


WHEREAS,
Shipper and Gatherer desire to set a gathering fee (with escalator) for the
Shipper’s gas to be gathered pursuant to this Agreement.


 


NOW
THEREFORE, in consideration of the premises and covenants
contained herein, Gatherer and Shipper hereby agree as follows.


 


ARTICLE I

DEFINITIONS


 


For the purposes
of this Agreement, the following definitions shall be applicable:


 


“Affiliate” means,
with respect to any Person, a Person that directly or indirectly controls, is
controlled by or is under common control with such Person, with control in such
context meaning (i) the power to direct the vote of more than fifty
percent (50%) of the voting shares or other securities of such Person through
ownership, pursuant to a written agreement, or otherwise or (ii) the power
to direct the management and policies of a Person through ownership of voting
shares or other securities, pursuant to a written agreement, or otherwise.


 


“Btu” shall mean
the amount of heat required to raise the temperature of one avoirdupois pound
of pure water from fifty-eight and five-tenths degrees (58.5) Fahrenheit to
fifty-nine and five-tenths degrees (59.5) Fahrenheit at a constant pressure of
fourteen and seventy-three hundredths (14.73) Psia. Where appropriate, Btu
shall mean the plural of the aforementioned definition.


 


“Chosen Court” has
the meaning set forth in Section 13.4.


 


“Commencement Date”
shall mean
                                    ,
2007.


 


1

















 


“Cubic feet” or “cubic foot” shall mean the volume of Natural Gas which
occupies one (1) cubic foot of space at a temperature of sixty degrees
(60) Fahrenheit and an absolute pressure of fourteen and seventy-three
hundredths (14.73) pounds per square inch absolute.


 


“Day” shall mean that period of time beginning at 10:00 a.m.
Eastern Prevailing Time (“EPT”) on each calendar day and ending at 10:00 a.m.
EPT on the following calendar day. “Eastern Prevailing Time” or “EPT” shall
mean the prevailing time (i.e. Standard Time or Daylight Savings Time) on any
given day in the Eastern Time zone.


 


“Dth” or “Dekatherm” shall mean one million Btu.


 


“Dry Gas” shall mean Natural Gas containing no water vapor.


 


“Electric Compression Rate” shall mean the rate per Dth for compression
costs described on Exhibit C.


 


“Electronic Measurement” shall mean that form of measurement consisting
of flow computers or computerized remote terminal units, electronic
transducers, and associated power, data communications and other electronic
equipment to accomplish the measurement of Natural Gas and transfer of data
without the use of charts or other paper recordings.


 


“Equivalent Quality/Quantity” shall mean that quality and quantity of Natural
Gas delivered at the Point(s) of Delivery which is of similar quality and
the thermal equivalent of the quantity of Shipper’s Natural Gas received at the
Point(s) of Receipt, less the Gas Retention Percentage.


 


“GAAP” has the meaning set forth in Section 13.7(b).


 


“Gas” or “Natural Gas” shall mean a mixture of hydrocarbon and
nonhydrocarbon gases, and shall include casinghead gas produced with crude oil,
gas produced from gas wells, including coalbed methane wells, and residue gas
resulting from processing both casinghead gas and gas well gas.


 


“Gas Retention Percentage” shall mean the percentage of Natural Gas per
Dth retained by Gatherer as described on Exhibit C.


 


“Gathering Rate” shall mean the rate per Dth for deliveries off the
Gathering System as described on Exhibit C.


 


“Gathering System” shall mean the pipelines and appurtenant facilities
described on Exhibit D along with any gathering and associated
assets constructed or acquired by Gatherer from time to time less any gathering
or associated assets transferred or otherwise disposed of by Gatherer from time
to time.


 


“Governmental Authority” shall mean any government and/or any political
subdivision thereof, including departments, courts, commissions, boards,
bureaus, ministries, agencies or other instrumentalities.


 


2

















 


“Gross Heating Value” shall mean the number of Btu’s liberated by the
complete combustion of constant pressure of one (1) cubic foot of Dry Gas,
at a base temperature of sixty (60) degrees Fahrenheit and a referenced
pressure base of fourteen and seventy-three hundredths (14.73) Psia, with air
of the same temperature and pressure of the Gas, after products of combustion
are cooled to the initial temperature of the Gas, and after the water of the
combustion is condensed to a liquid state. The Gross Heating Value of the Gas
shall be corrected for the water vapor content of the Gas being delivered;
provided, however that if the water vapor content of the Gas is seven (7) pounds
or less per one million (1,000,000) cubic feet, the Gas shall be deemed to be dry
and no correction will be made.


 


“Mcf” shall mean one thousand (1,000) cubic feet of Gas.


 


“MMBtu” shall mean one million (1,000,000) Btu.


 


“Month” shall mean a period of time beginning at 10:00 a.m. EPT on
the first Day of a calendar month and ending at 10:00 a.m. EPT on the
first Day of the following calendar month.


 


“Natural Gas” has the meaning set forth in the definition of Gas.


 


“Notice” has the meaning set forth in Section 14.1.


 


“Person” shall mean any individual, corporation, partnership, limited
liability company, trust, estate, Governmental Authority or any other entity.


 


“Point(s) of Delivery” shall mean the point(s) at which
Gatherer tenders delivery of the Natural Gas to Shipper as further described in
Section 3.2.


 


“Point(s) of Receipt” shall mean the point(s) at which Shipper
tenders and surrenders control of the Natural Gas to Gatherer as further
described in Section 3.1.


 


“Psia” shall mean pounds per square inch absolute.


 


“Psig” shall mean pounds per square inch gauge.


 


“Unauthorized Gas” shall mean all Natural Gas introduced by Shipper,
whether intentionally or otherwise, into Gatherer’s facilities which is not
authorized by this Agreement.


 


ARTICLE II

SERVICE


 


2.1. Service. Subject to the terms and provisions of this
Agreement and all of the General Terms and Conditions set forth on Exhibit A,
Gatherer agrees to accept and receive from Shipper at the Point(s) of
Receipt such quantities of Natural Gas as may be tendered by Shipper at the
Point(s) of Receipt; provided, however, that Gatherer shall only be
obligated to accept on any Day that quantity of Natural Gas which Gatherer
determines, in its sole and reasonable discretion, it has the capacity to receive and deliver (less the Gas Retention
Percentage). Gatherer shall deliver and Shipper shall accept at the Point(s) of
Delivery, on a Monthly basis, an


 


3

















 


Equivalent
Quality/Quantity of Natural Gas as the quality and quantity of Natural Gas
received by Gatherer for Shipper at the Point(s) of Receipt for gathering
hereunder. The parties hereto acknowledge that the Natural Gas subject to this
Agreement is Natural Gas that Shipper has purchased from one or more members of
the Gatherer and such Natural Gas has been produced from wells in which one or
more of such members own a working interest.


 


2.2.      Conditions to Service.  Gathering services will be provided hereunder
subject to: (i) Gathering System capacity, as reasonably determined by
Gatherer; (ii) availability of downstream or delivery point capacity; (iii) Gatherer’s
terms and conditions for service as set forth herein (including but not limited
to creditworthiness requirements); and (iv) force majeure as set forth in Article XI.
Gatherer shall not be required to perform service hereunder should Shipper fail
to comply in any material respect with any provision of this Agreement.


 


2.3.      Commingling of Natural Gas.  From the time any Natural Gas is received by
Gatherer at the Point(s) of Receipt, Gatherer shall have the right to
commingle such Natural Gas with other Natural Gas in the Gathering System.
Shipper expressly acknowledges and agrees that the Natural Gas it receives at
the Point(s) of Delivery may be different molecules of Natural Gas from
those it is delivered at the Point(s) of Receipt but Gatherer agrees such
Natural Gas that is delivered to Shipper at the Point(s) of Delivery shall
be of Equivalent Quality/Quantity to the Natural Gas received by Gatherer from
Shipper at the Point(s) of Receipt.


 


ARTICLE III

POINT(S) OF RECEIPT AND DELIVERY


 


3.1.      Point(s) of Receipt.  The Point(s) of Receipt for all Gas to be
gathered hereunder shall be the inlet flange of each meter set forth on Exhibit B,
as amended from time to time.


 


3.2.      Point(s) of Delivery.  The Point(s) of Delivery for all Gas
gathered hereunder shall be the tap and measurement station(s) as set
forth on Exhibit B.


 


3.3.      Gatherer’s Facilities.  Gatherer shall have no obligation to
construct, modify, improve, alter or relocate any of its facilities to provide
service under this Agreement. Nothing in this Agreement shall prohibit Gatherer
in its sole discretion from abandoning any portion of its facilities,
installing compression, or constructing, maintaining or otherwise undertaking,
or not undertaking, any operations in connection with its facilities.


 


ARTICLE IV

RATES


 


4.1.      Rate.  In consideration for services rendered under
this Agreement, Shipper shall pay to Gatherer each Month during the term of
this Agreement the Gathering Rate specified on Exhibit C and any
other amounts expressly contemplated to be paid by Shipper pursuant to this
Agreement. Should Gatherer be assessed a fee by any downstream transporter or
incur any other expense (in each case) attributable to Shipper’s Gas (including
any fees associated with processing the Gas), Shipper shall reimburse Gatherer
the full amount of such fee or expense. Gatherer may elect to invoice Shipper
separately for such fee or expense, or may make an appropriate deduction from
the quantity of Gas delivered to Shipper at the Point(s) of Delivery
(being the same quantity of gas deducted by the downstream transporter for such
fee or expense).


 


4

















 


4.2.      Relocation.  Gatherer, from time-to-time, may relocate
certain of its facilities due to the activities of third Persons or for legal
or operational necessity and convenience. Gatherer may increase its rate(s) as
a result thereof in accordance with Section 4.3.


 


4.3.      Adjustment of Rates and Charges.
The rates, charges and fees memorialized pursuant to Exhibit C to
this Agreement are subject to adjustment as set forth on such Exhibit.


 


ARTICLE V

NOMINATION, SCHEDULING AND RECONCILIATION

OF RECEIPTS AND DELIVERIES


 


5.1.      Shipper shall be responsible for
submitting nominations, where applicable, for the quantity of Natural Gas
tendered by Gatherer to Shipper at the Point(s) of Delivery, to the entity
downstream of the Point(s) of Delivery that will physically receive the
Natural Gas at that point(s). All nominations must be confirmed by Gatherer and
the downstream transporter that will physically receive the Natural Gas before
Gatherer will schedule the service. In the event that Shipper’s nomination
requires adjustment by Gatherer, Gatherer shall advise Shipper of its revised
nomination and Shipper shall adjust its production to the extent necessary to
comply with the revised nomination provided by Gatherer.


 


5.2.      Where transporters downstream of the Point(s) of
Delivery require Gatherer to submit a predetermined allocation in order to
schedule receipt of gathered volumes into the system(s) of such
transporters, Gatherer will base such predetermined allocations on the actual measured quantities it
has received for deliveries to such transporters. In the event that Shipper’s
predetermined allocation requires adjustment by Gatherer, Gatherer shall advise
Shipper of its revised allocation and Shipper shall adjust its deliveries to
the extent necessary to comply with the revised allocation provided by
Gatherer.


 


5.3.      Gatherer reserves the right to upwardly or
downwardly adjust Shipper’s nominations to the extent Gatherer determines that
Shipper’s nominations vary materially from Shipper’s actual tenders of Gas.


 


5.4.      Reserved.


 


5.5.      Gatherer is not required to schedule any
receipts and/or deliveries of Gas until Shipper has executed this Agreement and
has submitted an accurate and complete nomination for the period of time in
question.


 


5.6.      Shipper is solely responsible for the
accuracy of its nominations. Gatherer makes no representation or guarantee that
Shipper’s nominations are correct.


 


5.7.      Subject to the other provisions hereof,
the nomination accepted by Gatherer, as it may have been revised, shall
represent the maximum quantity of Natural Gas eligible for service hereunder by
Gatherer during the period for which the nomination was accepted or until
Shipper submits a new nomination that is accepted by Gatherer. Submission of
any new nomination must be consistent with the provisions of this Article V.
If Shipper desires to increase its nomination during a Month, Shipper shall
give Gatherer at least one (1) Day advance notice unless such notice is
waived by Gatherer in its sole discretion.


 


5

















 


5.8.      On or about the twenty-fifth Day of each
delivery Month, Gatherer will determine actual measured flows into and out of
the Gathering System, and issue an allocation statement to Shipper. To the
extent such allocation statement indicates a discrepancy between Shipper’s
scheduled volumes and Shipper’s actual volumes for such Month, Shipper shall
adjust current and/or future nominations to eliminate such discrepancy and/or
Gatherer shall make the necessary adjustment(s) to eliminate such
discrepancy.


 


ARTICLE VI

RECEIPT AND DELIVERY PRESSURES


 


6.1.      Gatherer’s Operating Pressures.
Gatherer shall not be required to operate the Gathering System at pressures in
excess of its operational preference. In no event will Gatherer operate the
Gathering System at pressures in excess of its maximum allowable operating
pressure, as such pressure may change from time to time. Gatherer shall not be
required to install or be prohibited from installing compression in order to
receive, gather or redeliver Gas.


 


6.2.      Maximum Allowable Working Pressure.
 Notwithstanding any other provisions of
this Agreement, Shipper shall never deliver Gas at a pressure that exceeds the
maximum allowable working pressure(s) as determined solely by Gatherer.


 


6.3.      Shipper’s Compression.  Shipper shall make deliveries to Gatherer
against the prevailing pressures in Gatherer’s Gathering System. Gatherer shall
not be obligated to maintain line pressure or to lower line pressure by
additional compression or otherwise. Except as specifically permitted under any
valid interconnect agreement between Gatherer and an interconnecting party
relating to Shipper’s Gas, Shipper shall not compress such deliveries, or cause
such Gas deliveries to be compressed. Gas compressed without Gatherer’s
authorization shall be deemed Unauthorized Gas and shall be subject to Section 10.2
of this Agreement.


 


6.4.      Overpressure Protection.  As between Shipper and Gatherer, Gatherer is
completely and solely responsible for the installation and maintenance of
overpressure protection equipment of pipeline(s), valve(s) and other
interconnection equipment.


 


ARTICLE VII

TERM


 


7.1.      Term.  The term of this Agreement shall commence on
the Commencement Date, regardless of when executed, and shall continue for a
term of ten (10) years (the “Initial Term”). Unless either party provides
not less than sixty (60) Days prior written notice to the other party on or
before the expiration of the Initial Term, or if applicable the anniversary
date of the Initial Term, the term of this Agreement shall be automatically
extended for additional one-year periods.


 


7.2.      Effect of Governmental Action.  It is understood that performance hereunder
shall be subject to all rules and regulations of Governmental Authorities
having jurisdiction or control over the matters related hereto. If at any time
during the term hereof any Governmental Authority shall take any action which
is, with respect to or as a result of the gathering services provided for under
this Agreement, designed to subject or otherwise subjects Gatherer or the
Gathering System or any of Gatherer’s related facilities to any greater or
different regulation or


 


6

















 


jurisdiction than that existing on the date of
initial delivery of Gas hereunder, then, upon written notice to Shipper,
Gatherer may initiate renegotiations with Shipper to revise the affected
provisions of this Agreement prior to the effective date of such governmental
action. Should parties be unable to reach an agreement within thirty (30) Days
of such notice, either party may terminate this Agreement upon thirty (30) Days
written notice.


 


ARTICLE VIII

BILLINGS AND PAYMENTS


 


8.1.      Billing
and Payment.  Gatherer shall render
to Shipper on or about the twenty-fifth Day of each Month a statement of the
total quantities of Gas received from Shipper and delivered to Shipper during
the preceding Month, together with a bill for the amount due under this
Agreement for service during such period. Shipper shall pay Gatherer within ten
(10) Days after receipt of Gatherer’s invoice. Shipper shall be deemed to
receive the invoice in accordance with the timelines established in Section 14.3
of this Agreement for notices. If the payment date falls on a Saturday, Sunday
or legal holiday, payment shall be due and payable on the next business Day. On
an annual basis, Shipper shall have the right to conduct an audit of the cost
of service supporting the rates assessed by Gatherer. Shipper shall provide
Gatherer 60 days advanced notice of the audit including a preliminary list of
information requests. The audit will be conducted at Shipper’s Pittsburgh
offices, limited to the most recent twenty-four (24) months of data available
and conducted in accordance with generally accepted auditing practices.


 


8.2.      Verification
of Actual Receipts.  If verification
of quantities received is not available at the time the invoice is issued,
adjustments for actual receipts shall be reflected on the next invoice issued
after such confirmation.


 


8.3.      Failure
to Make Timely Payments.  Should
Shipper fail to make timely payment of all invoiced amounts, interest shall
accrue on the unpaid amounts and shall be payable immediately. All unpaid
amounts shall accrue interest on a daily basis at the prime rate of interest
published under “Money Rates” by The Wall Street Journal, Eastern edition, plus
two percent (2%), but in no event shall interest due hereunder exceed the
maximum rate permitted by law. If Shipper becomes delinquent by ten (10) Days
in the payment of any invoice, Shipper shall provide adequate assurance of
payment to Gatherer within two (2) business Days of the date of written
notice of the delinquency; provided, however, that Shipper, in good faith, may
dispute the amount of any such invoice or any part thereof and within such two (2) Day
period if it (a) pays to Gatherer such amounts as Shipper concedes to be
correct and (b) provides a standby irrevocable letter of credit, a
prepayment, a security interest in an asset acceptable to the Gatherer or a
guaranty by a creditworthy entity, acceptable to Gatherer in Gatherer’s sole
opinion, to secure payment of the remainder of the invoiced amount. If the
parties are unable to reach an agreement regarding the disputed amount, any
resort to legal process shall be commenced within twenty-four (24) Months after
the disputed amount is claimed to be due or shall thereafter be forever barred.


 


8.4.      Refund.
 In the event any overcharge or
undercharge in any form whatsoever shall be found within twenty-four (24)
Months from the date a billing or measurement discrepancy occurs, the
appropriate party shall refund the amount of overcharge or pay the amount of
undercharge within thirty (30) Days after the final determination of the amount
overcharged or


 


7

















 


undercharged has been
made. Any overcharge or undercharge, for which no claim has been made within
twenty-four (24) Months, shall be deemed waived by both parties.


 


ARTICLE IX

WARRANTIES AND INDEMNIFICATION


 


9.1.      Warranty
of Title.  Shipper warrants that it
will, at the time of delivery of Gas to Gatherer under this Agreement and
throughout the period prior to redelivery thereof, have good and merchantable
title to, or good right to deliver and receive, all Gas so delivered by Shipper
at the Point(s) of Receipt and that the Gas shall be free and clear of all
liens, encumbrances or adverse claims of any kind.


 


9.2.      Warranty
of Eligibility for Gathering.  Shipper
warrants that it shall have all legal rights and title necessary to deliver all
Gas delivered to Gatherer for gathering hereunder; that it shall comply in all
material respects with all applicable laws, rules, regulations or orders of any
Governmental Authority having jurisdiction and all rules, terms and conditions
of Gatherer set forth herein and that at the time of such deliveries, Shipper
has complied in all material respects with all provisions of this Agreement.


 


9.3.      Shipper
Indemnification.  Shipper agrees to
indemnify and hold harmless and provide defense for Gatherer, its officers, directors,
members, Affiliates, agents, employees and contractors against any liability,
loss, cost, or damage whatsoever (including, without limitation, claims for
royalties, taxes, fees or other charges) occurring in connection with or
relating in any way to (i) breach of this Agreement by Shipper; (ii) the
negligence or other tortious act(s) or omission(s) by Shipper, its
officers, directors, members, Affiliates (other than Gatherer), agents,
employees or contractors; (iii) the Natural Gas prior to its delivery to
Gatherer at the Point(s) of Receipt and after its redelivery at the Point(s) of
Delivery; and/or (iv) the Natural Gas to the extent the claim, liability,
or damage arises as a result of the quality of the Natural Gas delivered by
Shipper or other condition of the Natural Gas. Such indemnification shall
include, but not be limited to, all costs and attorneys’ fees, whether or not
such liability, loss, cost, or damage results from any demand, claim, action,
cause of action, or suit brought by Shipper or by any other Person, that is not
a party to this Agreement.


 


9.4.      Liability.
 Neither Gatherer nor Shipper, nor their
respective officers, directors, partners, members, agents, employees,
Affiliates or successors or assigns shall be liable to the other party or its
officers, directors, agents, employees, Affiliates or successors or assigns for
claims for incidental, special, indirect, punitive or consequential damages of
any nature connected with or resulting from performance or non-performance of this
Agreement, including, without limitation, claims in the nature of lost
revenues, income or profits (other than payments specifically provided for and
properly due under this Agreement) irrespective of whether such claims are
based upon warranty, negligence, strict liability, contract, operation of law
or otherwise.


 


8





















 


ARTICLE X

POSSESSION AND CONTROL


 


10.1.    Possession
and Control.  As between Shipper and
Gatherer, Shipper shall be deemed to be in control and in possession of the Gas
prior to such Gas being received by Gatherer at the Point(s) of Receipt
and shall be responsible for any damages, losses or injuries caused thereby
until the Gas shall be received by Gatherer at the Point(s) of Receipt
except for injuries or damages which have been occasioned solely and
proximately by the negligence of Gatherer. Gatherer shall be in control and in
possession of the Gas subsequent to such Gas being received by Gatherer at the
Point(s) of Receipt and shall be responsible for any damages, losses or
injuries caused thereby until the same shall have been redelivered to Shipper
or its designee at the Point(s) of Delivery, except for injuries or
damages which have been occasioned by the negligence of Shipper or its designee
or by the quality of the Gas or other condition of the Gas outside of the
control of Gatherer, and except as otherwise set forth herein.


 


10.2.    Unauthorized
Gas.  Upon the detection of
Unauthorized Gas on any of Gatherer’s Gathering System, Gatherer may issue
notice of the Unauthorized Gas, directing all responsible parties to either
obtain authority for the introduction of such Gas or to remove it from the
Gathering System within forty-eight (48) hours. Gatherer will make reasonable
efforts to provide direct written or telecopied notice to Shipper of such
Unauthorized Gas delivered by Shipper into the Gathering System. In the event
Shipper fails to either obtain authority for the introduction of such Gas or to
remove it from the Gathering System, Gatherer may, at its sole discretion,
avail itself of anyone of the following options:


 


(a)       Confiscate
the Gas at no cost to Gatherer;


 


(b)       Impose
a· penalty of twenty-five dollars ($25.00) per MMBtu of Unauthorized Gas; or


 


(c)                    Purchase the
Unauthorized Gas at seventy-five percent (75%) percent of the Spot Market Price
per Dekatherm. “Spot Market Price”, for purposes of this Section, shall mean
the price per Dekatherm reported by Platt’s Inside FERC’s Gas Market Report,
under the heading Prices for Spot Gas Delivered to Pipelines, for the delivery
location (i) into which Shipper’s Gas is delivered or (ii) which is
most proximate to the Point(s) of Delivery, for the first Day of the Month
immediately succeeding the Month in which Gatherer discovers that Shipper has
been introducing Unauthorized Gas into the Gathering System.


 


ARTICLE XI

FORCE MAJEURE


 


11.1.    If
either Gatherer or Shipper is rendered unable, wholly or in part, by force
majeure to perform or comply with any obligation or condition of this
Agreement, such obligation or condition shall be suspended during the
continuance from inception of the inability so caused and such party shall be
relieved of liability and shall suffer no prejudice for failure to perform the
same during such period; provided the obligation to make payments shall not be
suspended and the cause for suspension (other than strikes and lockouts) shall
be remedied so far


 


9

















 


as possible with
reasonable dispatch. The party suffering any such force majeure shall give
notice and reasonably full particulars to the other party as soon as reasonably
possible upon the occurrence of such event. Settlement of strikes and lockouts
shall be wholly within the discretion of the party having difficulty. The term “force
majeure” shall include, without limitation, the following: acts of God, the
public enemy, fire, freezes, floods, storms, accidents, breakdowns of pipeline
or equipment, planned or unplanned facility repairs, lack of capacity by any
third party pipeline transporter to transport Gas, failures or freezing of
wells, strikes, and any other industrial, civil, or public disturbance, the
inability to obtain materials, supplies, permits or labor, and any laws,
orders, rules, regulations, acts or restraints of any Government Authority,
civil or military, and any other cause, whether of the kind enumerated or
otherwise, not reasonably within the control of the party claiming force
majeure. Notwithstanding any other provision, Gatherer shall not be under any
obligation to repair or replace pipelines, equipment or other facilities.


 


ARTICLE XII

INTERRUPTION OF SERVICE


 


12.1. Interruption.
Gatherer shall have the right to interrupt service in whole or in part on all
or a portion of its Gathering System from time to time for reasons of force
majeure or when necessary, in Gatherer’s reasonable judgment, to meet its
Gathering System operating requirements or other service obligations. Partial
interruptions shall be implemented on a pro rata basis based upon actual measured
receipt quantities from prior Months.


 


12.2. Interruption
Compliance. Gatherer will provide reasonable notice to Shipper of such
interruption orders and Shipper shall within twenty-four (24) hours, or such
lesser time as is required to protect the integrity of the Gathering System,
reduce its tenders or takes in compliance with the interruption orders. If
Shipper fails to reduce its tenders or takes, in addition to all other
remedies, Gatherer may take such action as necessary to reduce the tenders or
takes without further notice to Shipper.


 


12.3. Situation
Reports and Notices.


 


(a)                    Gatherer shall
provide notice of interruption to Shipper at a time and in a manner that is
reasonably prudent under then· existing conditions, and shall in any event confirm
in writing the notice given if originally provided telephonically.


 


(b)                   Shipper shall
have the responsibility to inform its suppliers, other transporters and all
others involved in the transaction about any interruption.


 


ARTICLE XIII

MISCELLANEOUS


 


13.1. Regulatory
Bodies. This Agreement shall be subject to all applicable federal, state
and local laws, rules and regulations of any Governmental Authority having
jurisdiction, subject to Section 7.2 of Article VII.


 


10
















 


13.2.    Modification.  Except as
otherwise contemplated by Section 4.3 of Article IV, any modification of terms
or amendment of provisions of this Agreement shall become effective only by
supplemental written agreement between the parties.


 


13.3.    Waiver.  No waiver by
Gatherer of any default of Shipper under this Agreement shall operate as a
waiver of any future default, whether of a like or different character.


 


13.4.    Governing Law.  This
Agreement and the legal relations between the parties shall be governed by and
construed in accordance with the laws of the State of Virginia without regard
to principles of conflicts of laws that would direct the application of the
laws of another jurisdiction. Each of the parties agrees that it shall bring
any action or proceeding in respect of any claim arising out of or related to
this Agreement or the transactions contemplated hereby exclusively in the
Federal Court for the Western District of Virginia (the “Chosen Court”) and,
solely in connection with claims arising under this Agreement or the
transactions contemplated hereby, (i) irrevocably submits to the exclusive
jurisdiction of the Chosen Court, (ii) waives any objection to laying venue in
any such action or proceeding in the Chosen Court, and (iii) waives any objection
that the Chosen Court is an inconvenient forum or does not have jurisdiction
over it. The foregoing consents to jurisdiction shall not constitute general
consents for any purpose except as provided herein and shall not be deemed to
confer rights on any Person other than the parties.


 


13.5.    Assignment.  Any Person
which shall succeed by purchase of all or substantially all the properties of
Gatherer or of Shipper, as the case may be, shall be entitled to the rights and
shall be subject to the obligations of its predecessor in title under this
Agreement, subject to the restriction below. Either party may, without
relieving itself of its obligations under this Agreement, assign any of its
rights hereunder to an Affiliate of such party. Except to an Affiliate, Shipper
shall not assign this Agreement or any of the rights or obligations hereunder
without first obtaining the consent thereto in writing from Gatherer, which
consent shall not be unreasonably withheld, conditioned or delayed.


 


13.6.    Cancellation of Prior Contracts.  When
this Agreement becomes effective, it supersedes and cancels as of the
Commencement Date any contract or other agreement or arrangement held by
Shipper for the gathering or transportation of Gas purchased from any member of
Gatherer on the Gathering System.


 


13.7.    Creditworthiness
of Shipper.


 


(a)       Subject
to the provisions of paragraphs (b) and (c) immediately below, Gatherer shall
not be required to commence service or to continue to perform service on behalf
of Shipper if Shipper (i) is or has become insolvent, (ii) has applied for
bankruptcy under Chapter 11 of the Bankruptcy Code or is subject to similar
proceedings under state or federal law, (iii) fails, in Gatherer’s reasonable
judgment, to demonstrate minimal creditworthiness for all or any part of the
service requested, based upon Gatherer’s consideration of available data
(including but not limited to Shipper’s past payment history, financial
statements, Shipper’s or its parent company’s reports filed with the Securities
and Exchange


 


11

















 


Commission or other
public agency, and credit reports) or (iv) is in arrears for any payments under
this Agreement or any other agreement with Gatherer.


 


(b)                   In connection
with an initial request for service, request for additional service, or any
re-evaluation of creditworthiness, Shipper shall provide to Gatherer (i) a bank
reference and at least two (2) trade references; (ii) confirmation in writing
that it is not operating under any state or federal bankruptcy or receivership
laws; (iii) its most recent audited financial statements; (iv) confirmation in
writing that Shipper is not in default on its indebtedness or payment
obligations; and (v) a list of owners and/or shareholders. In addition,
Gatherer may require the following: (A) audited
financial statements; (B) annual
reports; (C) a list of
affiliates, parent companies, and subsidiaries; (D) publicly available information from credit reports of
credit and bond rating agencies; (E) private
credit ratings, if obtained by the Shipper; (F)
bank references; (G) additional
trade references; (H) a statement
of legal composition; (I) a statement of length of time business has been in
operation; (J) most recent filed
statements with the Securities and Exchange Commission (or an equivalent
authority) or such other publicly available information; (K) for public entities, the most recent
publicly available interim financial statements, with an attestation by its
Chief Financial Officer, Controller, or equivalent (CFO) that such statements
constitute a true, correct, and fair representation of financial condition
prepared in accordance with generally accepted accounting principles (“GAAP”)
or equivalent; (L) for non-public
entities, including those that are state-regulated utilities: (i) the most recent available interim
financial statements, with an attestation by its CFO that such statements
constitute a true, correct,· and fair representation of financial condition
prepared in accordance with GAAP or equivalent; (ii) an existing sworn filing, including the most recent
available interim financial statements and annual audited financial reports
filed with the respective regulatory authority, showing the Shipper’s current
financial condition; (M) for state-regulated
utility and local distribution companies, documentation from their respective
state regulatory commission (or an equivalent authority) of an authorized Gas
supply cost recovery mechanism which fully recovers both Gas commodity and
transportation capacity costs and is afforded regulatory asset accounting
treatment in accordance with GAAP or equivalent; and (N) such other information as may be mutually agreed to by
the parties.


 


Shipper shall provide
notice to Gatherer within two (2) Days if Shipper defaults on its indebtedness,
restates its financials, or is in default of any other payment obligations.


 


(c)                    Gatherer may
require Shipper to provide financial data necessary to demonstrate
creditworthiness at any time. If Shipper fails to provide such data within ten (10)
Days from the date of the request, Gatherer may treat Shipper as being
uncreditworthy and suspend service until Shipper provides adequate assurance of
payment.


 


12

















 


(d)                   Gatherer may require
adequate assurance of payment at any time Gatherer has grounds for insecurity
of payment or performance hereunder. Shipper may receive or continue to receive
service if it provides adequate
assurance of payment for service within two (2) Days after the date of written
demand by Gatherer or such shorter period of time as is reasonable under the
circumstances. Gatherer may immediately suspend service to any Shipper failing
to timely provide adequate assurance of payment and subsequently terminate this
Agreement if adequate assurance of payment is not provided.


 


(e)                    The type of
adequate assurance required by Gatherer, in
its discretion, may include:


 


(i)                        a deposit
with Gatherer;


 


(ii)                     advance
payment for service, in a continuing nature, in an amount equal to the cost of
performing gathering service hereunder for a one (1) Month advance period based
on the prior Month’s actual measured receipt quantities hereunder;


 


(iii)                  an irrevocable
letter of credit from a creditworthy financial institution;


 


(iv)                 a guarantee from
a creditworthy entity; or


 


(v)                    any other form
of adequate assurance acceptable to Gatherer.


 


(f)                      The amount
of adequate assurance (other than prepayments) shall be equal to three (3) Months
of performing service hereunder at the maximum contractual level plus, at
Gatherer’s discretion, the value of Gas associated with Shipper’s highest
negative imbalance during the preceding twelve (12) Months, or, if there has
been no negative imbalance, ten percent (10%) of Shipper’s actual measured
receipt quantities under this Agreement for the preceding twelve (12) Months.


 


(g)                   Gatherer may at
any time re-evaluate the creditworthiness of Shipper and demand adequate
assurance of payment or additional assurances of payment.


 


(h)                   In the event of
a default in payment of any amounts due from Shipper or failure to make up a
negative imbalance on a timely basis, Gatherer may liquidate or draw upon the
financial assurance in order to satisfy the Shipper’s obligations and require
Shipper to replace the liquidated or drawn-upon funds in order to continue
receiving service.


 


(i)                       Failure of
Gatherer to demand adequate assurance or financial security or to otherwise
suspend performance of this Agreement or assert any rights hereunder shall not
be deemed as a waiver of any rights hereunder or prevent Gatherer from later
asserting it rights whether related to the same, future or similar
circumstances.


 


13

















 


13.8.    No Third Party Beneficiary. It is
expressly understood that there is no third party beneficiary to this
Agreement, and that the provisions of this Agreement do not create enforceable
rights in anyone who is not a party or a successor or assignee of a party
hereto.


 


13.9.    Failure to Comply. If Shipper fails
to comply in any material respect with any provision of this Agreement,
Gatherer, upon notice to Shipper, may refuse to accept Gas from Shipper and/or
may refuse to deliver Gas to Shipper until Shipper has fully complied in all
material respects with the terms of this Agreement.


 


13.10.  Counterparts. This Agreement may be
signed in counterpart, each of which shall constitute an original and together
which shall constitute one and the same Agreement.


 


13.11.  Entire Agreement. This Agreement along
with its Exhibits, which are attached to and hereby incorporated into and made
an integral part of this Agreement, represents the entire agreement between the
parties hereto, and there are no other written, oral or implied or other
representations, indemnifications or understandings of any kind whatsoever.


 


13.12.  No Duplicative Activities/Charges.
Gatherer and Shipper acknowledge that Gatherer has interconnect agreement(s) with
the seller(s) of the Gas that Shipper is transporting hereunder. To the extent
that any provision of this Agreement overlaps with the provisions of such
interconnect agreement(s) and Gatherer has required the party to such agreement
to perform some activity or to pay for an expense thereunder, Gatherer shall
not require Shipper to perform the same activity hereunder nor shall Gatherer
charge the same expense to Shipper hereunder.


 


ARTICLE XIV

NOTICES


 


14.1.    Notices. Any notice, request,
statement or correspondence provided for in this Agreement (“Notice”) shall be
in writing and delivered to the physical addresses shown below or at such other
addresses or numbers as may be hereafter furnished by one party to the other
party in writing.


 


14.2.    Manner of Delivery. All Notices
required hereunder may be sent by facsimile or mutually acceptable electronic
means, a nationally recognized overnight courier service, first class mail or
hand delivered.        .


 


14.3.    Receipt of Notices. Notice shall be
given when received on a business Day by the addressee. In the absence of proof
of the actual receipt date, the following presumptions will apply. Notices sent
by facsimile shall be deemed to have been received upon the sending party’s
receipt of its facsimile machine’s confirmation of successful transmission. If
the Day on which such facsimile is received is not a business Day or is after
5:00 p.m., on a business Day, then such facsimile shall be deemed to have been
received on the next following business Day. Notice by overnight mail or
courier shall be deemed to have been received on the next business Day after it
was sent or such earlier time as is confirmed by the receiving party. Notice
via first class mail shall be considered delivered five (5) business Days after
mailing.


 


14

















 


Gatherer:


Nora
Gathering, LLC


c/o
Equitable Gathering Equity, LLC


225
North Shore Drive


Pittsburgh,
Pennsylvania 15212


Attention:
TBD


Telephone:
412-395-xxxx


Facsimile:
412-395-xxxx


 


Shipper:


[NAME]


[ADDRESS]


[CITY,
STATE &  ZIP CODE]


[CONTACT
PERSON]


Telephone:


Facsimile:


 


ARTICLE XV

GENERAL TERMS AND CONDITIONS


 


15.1.    General. Should there exist any
conflict or discrepancy between anything contained in the main body of this
Agreement and anything contained in Exhibit A, the General Terms and
Conditions, the provisions in the main body of this Agreement shall at all
times and in all cases govern and control.


 


THE REMAINDER OF THIS PAGE HAS BEEN
LEFT INTENTIONALLY BLANK


 


15

















 


IN WITNESS WHEREOF, the parties hereto have executed
this Agreement the Day and year first above written.


 


	
  EQUITABLE
  ENERGY, LLC

  	
   

  	
  NORA
  GATHERING, LLC

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
  By: Equitable Gathering
  Equity, LLC, its

  Operating Member

  
	
   

  	
   

  	
   

  
	
  By:

  	
   

  	
   

  	
  By:

  	
   

  
	
  Name:

  	
   

  	
   

  	
  Name:

  	
   

  
	
  Title:

  	
   

  	
   

  	
  Title:

  	
   

  
	
  Date:

  	
   

  	
   

  	
  Date:

  	
   

  



 


Signature Page to Gas Gathering
Agreement


 
















 


EXHIBIT A


 


GENERAL
TERMS AND CONDITIONS


 


Attached
to and made a part of the Gas Gathering Agreement, dated as of the
     day of           ,
20    , between
Nora Gathering, LLC and Equitable Energy, LLC.


 


ARTICLE I


 


QUALITY OF
GAS


 


1.1       Specifications.


 


(a)       Subject to Section 1.2
Processing below, all Natural Gas delivered by Shipper and received by Gatherer
hereunder shall at all times conform to the gas quality and heat content
standards established by the applicable downstream receiver or transporter, and
such other gas quality heat content standards as Gatherer may reasonably
impose. In the event that the downstream receiver or transporter of the Natural
Gas is subject to a valid FERC Gas Tariff, the Natural Gas delivered by Shipper
and received by Gatherer shall at all times conform to the quality provisions
of such FERC Gas Tariff, which provisions are incorporated herein by reference.
Shipper shall indemnify Gatherer and save it harmless from all suits, actions,
damages, losses and expenses (including attorneys’ fees) arising out of the Gas
failing to conform to such quality provisions.


 


(b)       Gatherer will have the
right to collect from all Shippers their pro rata share of the cost of any
additional Gas analysis and quality control equipment which Gatherer determines
should be installed at particular Point(s) of Receipt or Point(s) of
Delivery to monitor the quality of Gas delivered.


 


(c)       Gatherer shall have the
right to test any well or Point(s) of Receipt from which Gas is tendered
to Gatherer for service, to ensure that the Gas produced meets the quality
specifications.


 


(d)       Gatherer, in its sole
discretion, will have the right to sample and analyze annually, at Shipper’s
expense, Gas received from Shipper. Subsequent samples during anyone year
period would be at Shipper’s expense only if: (i) Gatherer determines that
there are significant quantity increases at the Point(s) of Receipt; (ii) the
subsequent Btu analysis results in the recognition of a heating value different
than the recognized value at the Point(s) of Receipt; and/or (iii) the
sample analysis determines that the quality is not acceptable. In the case of
(iii), Shipper will pay for subsequent sampling until and including such time
that a sample reveals the Gas to be acceptable.


 


1

















 


1.2       Processing.


 


(a)       Gatherer may remove
moisture, impurities, helium, natural gasoline, butane, propane, and any other
hydrocarbons except methane from Gas delivered into its system prior to
redelivery of Gas for Shipper in order to satisfy the quality standards of
downstream transporters or quality standards and provisions as Gatherer may
impose. Gatherer may subject, or permit the subjection of, the Gas to compression, cooling, cleaning
and other processes.


 


(b)       If Shipper’s Gas must be processed in order to meet the Gas
quality standards and provisions of the applicable downstream receiver or
transporter and such other quality standards and provisions as Gatherer may
impose, then Shipper must have entered into a separate agreement with the
owner/operator of the applicable processing plant(s) on the system. Absent
proof of such an agreement, Gatherer shall not be obligated to gather Shipper’s
Gas. At Gatherer’s sole option, it may
elect to gather Shipper’s Gas and to process the Gas, at Shipper’s expense, in order to meet the Gas quality
standards and provisions of the applicable downstream receiver or transporter
and such other quality standards and provisions as Gatherer may impose.


 


1.3       Nonconforming Gas.  As to the Gas which cannot meet the
specifications set out above, Gatherer, in its sole discretion, shall have the
option to:


 


(a)       Refuse to accept delivery
of such Gas. In the event Shipper cannot correct such deficiency within a
reasonable time, Gatherer shall have the right to terminate this Agreement with
respect to Point(s) of Receipt of such nonconforming Gas upon giving
Shipper prior written notice; or


 


(b)       Accept delivery of such Gas
and elect to process the Gas or take other actions needed in order for the Gas
to meet the specifications set out above, at Shipper’s sole cost Gatherer’s
acceptance of Gas that does not conform to the quality specifications stated
above shall not constitute a waiver of such specifications by Gatherer in
regard to Gas delivered or redelivered under this Agreement in the future, nor
shall acceptance without an express written waiver constitute a waiver of any
claim for damages resulting from delivery of Gas not meeting such
specifications.


 


ARTICLE II


 


MEASUREMENT AND FACILITIES


 


2.1       Facilities.  The parties acknowledge that Gatherer shall
install, operate, and maintain facilities to measure the Gas at the Point(s) of
Receipt and Point(s) of Delivery and that all or some of such facilities
may not be in existence as of the date of execution of this Agreement. If it is necessary to install any
facilities in order to receive and measure Gas to be tendered to Gatherer at the Point(s) of Delivery, then
Shipper agrees to reimburse Gatherer for all its costs of all material, labor,
overhead, and loss of Gas incurred by Gatherer in connection with


 


2

















 


the installation of
facilities. All such facilities shall be deemed to be the personal property of
Gatherer, whether or not affixed to the realty, and shall at all times be
subject to the absolute control and disposition of Gatherer. At any time after
the termination of this Agreement, Gatherer shall have the right to remove its
facilities. Shipper shall be solely responsible for and shall bear the full
costs of getting the Gas to the Point(s) of Receipt for gathering under
this Agreement.


 


2.2       Measurement Equipment.
 Gatherer shall designate the type of
measuring equipment that shall be utilized and be the operator of the
measurement facilities. Shipper may install, maintain and operate, at its sole
cost and expense, check measuring equipment; provided, however, that such
equipment shall be installed in a manner that will not interfere with the
operation of the other party’s measuring equipment.


 


2.3       Orifice Meters.  Orifice meters installed at·any measurement
site shall be constructed and operated in accordance with American National
Standard Institute (“ANSI”) standards, American Petroleum Institute (“API”)
2530, American Gas Association (“AGA”) AGA Report No. 3, Orifice Metering of
Natural Gas and Other Related Hydrocarbon Fluids, Second Edition, dated September 1985,
and any subsequent modifications and amendments thereto, and shall include the
use of flange connections and, where necessary, straightening vanes,
temperature correcting devices and pulsation dampening equipment.


 


2.4       Positive
Displacement Meters.  Positive
Displacement Meters installed at any measurement site shall be constructed and
operated in accordance with provisions of AGA Measurement Committee Report No. 6
(AGA Report No. 6) dated January 1971, and any subsequent amendment or
revisions thereof.


 


2.5       Turbine Meters.  Turbine Meters installed at any measurement
site shall be constructed and operated in accordance with the provisions of AGA
Measurement Committee Report No. 7 (AGA Report No. 7), First Revision, dated November 1984,
and any subsequent modifications and amendments thereof.


 


2.6       Electronics.  When and where electronic equipment and flow
computers are used, the Gas may have its volume, mass and/or energy content
determined and computed in accordance with the applicable AGA Standards
including, but not limited to, AGA Report Nos. 3,5,6, and 7 and any subsequent
modifications and amendments thereto.


 


2.7       Notice.  Gatherer shall give reasonable notice to
Shipper in order that Shipper may have representatives present to observe any
installing, reading, cleaning, changing, repairing, inspecting, testing,
calibrating, or adjusting of Gatherer’s measuring equipment used in measuring
or checking the measurement of receipts or deliveries of Gas under this
Agreement. The official charts (recordings) from such measuring equipment shall
remain the property of Gatherer, but upon request Gatherer will make the
records and charts, together with calculations therefrom, available to Shipper
for inspection and verification.


 


2.8       Testing and Calibration.


 


(a)       Gatherer shall have the
right, at any time, to verify the accuracy of and to adjust and calibrate all
recording devices used in the measurement of Gas


 


3

















 


hereunder. Shipper may
request a special test be performed as described in Section 2.9 below.


 


(b)       If during any test of the
measuring equipment, an adjustment or calibration error is found which results
in an incremental adjustment to the calculated hourly flow rate through each
meter set in excess of two
percent (2%) of the correct flow rate (whether positive or negative and using
the correct flow rate as the percent error equation denominator), then any
previous recording of such equipment shall be corrected to zero error in
computing deliveries for any period during which the error existed (and which
is either known definitely or agreed to by both parties) and the total flow for
the period predetermined in accordance with the provisions of Section 2.10
below. If the period of error cannot be determined or agreed upon between the
parties, such correction shall be made over a period extending over the last
one-half (1/2) of the time elapsed since the date of the latest test, not
exceeding a correction period of six (6) Months.


 


(c)       If, during any test of the
measuring equipment, an adjustment or calibration error is found which results
in an incremental adjustment to the calculated hourly flow rate which does not
exceed two percent (2%) of the adjusted flow rate (as described in part (b) of
this Section), all prior recording shall be considered to be accurate for
quantity determination purposes.


 


(d)       All equipment shall, in any case, be adjusted at the time of
the test to record correctly.


 


2.9       Special Test.  In the event Shipper desires a special test (a
test not scheduled by Gatherer under the provisions of Section 2.8 above)
of any measuring equipment, seventy-two (72) hours advance notice, in writing,
shall be given to Gatherer and both parties shall cooperate to secure a prompt
test of the accuracy of such equipment. If the measuring equipment tested is
found to fall under the
provisions of Section 2.8(c) above or if an inspection of the primary
measurement equipment indicates no problems, Gatherer shall have the right to
bill Shipper for the cost of such special test including any labor, gathering
and other costs pertaining to such special test and Shipper shall pay such
costs.


 


2.10     Measuring Adjustment.  If, for any reason, any measurement equipment
is (i) out of adjustment, (ii) out of service, or (iii) out of
repair and the total calculated hourly flow rate through each meter set is
found to be in error by an amount
of the magnitude described in Section 2.8(b) above, the total
quantity of Gas delivered shall
be determined by Gatherer in accordance with the first of the following methods
which is, in Gatherer’s sole opinion, feasible:


 


(a)       by using the registration
of any mutually agreeable check metering facility, if installed and accurately
registering (subject to testing as described
in Section 2.8 above);


 


(b)       where parallel multiple
meter sets exist, by calculation using the registration of such parallel meter
sets; provided that they are
measuring Gas from upstream and downstream headers in common with the faulty
metering


 


4

















 


equipment, are not
controlled by separate regulators, and are accurately registering;


 


(c)       by correcting the error by re-reading
of the official charts, or by straightforward application of a
correction factor to the quantities recorded for the period (if the net
percentage of error is ascertainable by calibration, tests or mathematical
calculation); or


 


(d)       by estimating the quantity,
based upon deliveries made during periods of similar conditions when the meter
was registering accurately.


 


The estimated readings or
deliveries so determined shall be used in determining the quantities of Gas
delivered for any known or agreed upon applicable period. In case the period is
not known or agreed upon, such estimated deliveries shall be used in
determining the quantities of Gas delivered hereunder during the latter half of
the period from the date of the immediately preceding test to the date the
measuring equipment has been adjusted to record accurately. The recordings of
the measuring equipment during the first half of said period shall be
considered accurate in computing deliveries.


 


2.11     Measurement Corrections.
If an error is discovered in the measured quantities, such error shall be
adjusted within thirty (30) Days of the determination thereof; provided,
however, that any claim for adjustment shall be made within twenty-four (24)
Months of the production Month in which the claimed error occurred. Such time
limits shall not apply in the case of a deliberate act of omission or
misrepresentation, or mutual mistake of fact.


 


2.12     Termination.  If Gatherer determines based on reasonable
evidence that Shipper has tampered with the measurement equipment so as to
misrepresent the actual volume of Shipper’s Gas delivered at any Point of
Receipt(s) or Point of Delivery(s), Gatherer has the right to immediately
shut-in such Point of Receipt or Point of Delivery for an indefinite period of
time and may terminate this and any other agreement(s) with Shipper (in
each case) with respect to such Point of Receipt or Point of Delivery.


 


2.13     Data and Records Retention.
 Gatherer and Shipper shall retain and
preserve for a period of at least two (2) years all measurement data,
charts, and other similar records.


 


2.14     Volume and Quality
Determination.  The measurement of
the quantity and quality of all Gas received and delivered hereunder shall be
conducted in accordance with the following:


 


(a)       Unit of Volume.  The unit of volume for measurement shall be
one (1) cubic foot of Gas. Such
measured volumes, converted to Mcf, shall be multiplied by their Gross Heating
Value per cubic foot and divided by 1,000 to determine MMBtus received and delivered
hereunder.


 


(b)       Orifice Meter Volume
Computations.  Computations of Gas
Volumes from measurement data shall be made in accordance with ANSI/API2530
(AGA Report No. 3), Orifice Metering of Natural Gas and Other Related
Hydrocarbon Fluids, Second Edition, dated September 1985, and any
subsequent amendments or revisions.


 


5

















 


(c)       Positive Displacement Meter Volume Computation.  Computation
of Gas Volumes from data shall be in accordance with the AGA Measurement
Committee Report No. 6 (AGA Report 9), dated January 1971, and any
subsequent amendments or revisions.


 


(d)       Turbine Meter Volume Computations.  Computations of Gas Volumes
from data shall be in accordance with AGA Measurement Committee Report No. 7
(AGA Report 7), First Revisions, dated November 1984, and any subsequent
amendments or revisions.


 


(e)       Electronic Devices and Flow Computers Volume Computations.  Computation
of Gas Volumes from data or devices shall be in accordance with AGA Measurement
Committee Report Nos. 3, 5, 6, and 7 and any subsequent amendments or
revisions.


 


(f)        Assumed Atmospheric Pressure.  An assumed atmospheric pressure
of fourteen and seventy-three hundredths (14.73) Psia for the respective Point(s) of
Receipt and Point(s) of Delivery shall be utilized for measurement and
calculation purposes, irrespective of any variation of the actual atmospheric
pressure from the assumed atmospheric pressure.


 


(g)       Gross Heating Value.  At least yearly, the Gross Heating Value of
the Gas stream at each of the Point(s) of Receipt and Point(s) of
Delivery hereunder shall be determined by using a Cutler-Hammer or other
standard type calorimeter or by calculating the Gross Heating Value from an
in-line chromatograph or a Gas analysis of a spot or continuous Gas sample. The
spot or continuous sample shall be taken at a suitable point on the facilities
to be representative of the Gas being analyzed. Shipper has the right to
request the determination of the Gross Heating Value of the Gas stream at each of
the Point(s) of Receipt applicable to Shipper in accordance with the above
methodology.


 


(h)       Other Tests.  Other tests to determine water content,
sulfur, and other impurities in the Gas shall be conducted by Gatherer as
necessary and shall be conducted in accordance with standard industry testing
procedures.


 


(i)        New Test Methods.  If at any time during the term hereof a new
method or technique is developed with respect to Gas measurement, such new
method or technique may be substituted for the method set forth in this Article when
such methods or techniques are in accordance with the currently accepted
standards of the American Gas Association, if mutually agreed upon by the
parties.


 


2.15     Right of Inspections.  Gatherer
or Shipper shall have the right to inspect equipment installed or furnished by
the other or third party operators and the charts and other measurement or
testing data of all such parties at all times during business hours; but the
reading, calibration and adjustment of such equipment and changing of charts
shall be done by Gatherer, unless agreed to otherwise by the parties. Gatherer
and Shipper shall preserve all original test


 


6

















 


data, charts and other
similar records in such party’s possession for a period of at least twenty-four
(24) Months.


 


2.16     Uneconomical and Low
Volume Point(s) of Receipt and Delivery; Impossibility of Measurement.
 If total deliveries of Gas to Gatherer
at a Point of Receipt fall below an average daily quantity of three (3) Mcf
of Gas per day for any ninety (90) consecutive Days at any Point of Receipt, or
total deliveries to Shipper at any Point of Delivery fall below an average
daily quantity of five (5) MMBtu for
any thirty (30) consecutive Days, then Gatherer may, in its ole and reasonable
discretion, terminate this Agreement as it relates such Point of Receipt or
Point of Delivery by giving Shipper notice in writing sixty (60) Days prior to such termination
unless:


 


(a)       Shipper agrees to reimburse
Gatherer for Gatherer’s expenses associated with the operation or maintenance
of such Point(s) of Receipt or Point(s) of Delivery and the upstream
section of Gathering System utilized in effectuating deliveries to such Point(s) of
Delivery, or


 


(b)       Shipper agrees to assume
responsibility for the operation and maintenance of and measurement at the
Point(s) of Receipt or Point(s) of Delivery, subject to the
provisions of a Gas Measurement and Operation Agreement between Shipper and
Gatherer, and subject to compliance with the provisions of this Agreement
regarding measurement.


 


ARTICLE III


 


RETAINAGE
CALCULATIONS


 


3.1       Gatherer shall retain the
actual Natural Gas compressor fuel, use, shrink and lost and unaccounted for
Gas as set forth in Exhibit C.


 


THE
REMAINDER OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK


 


7
















 


EXHIBIT B


 


NATURE OF SERVICE AND POINT(S) OF
RECEIPT AND DELIVERY


 


Attached to and made a
part of the Gas Gathering Agreement, dated as of the
         day of
          ,
20    , between Nora Gathering, LLC and [  ].


 


NATURE OF SERVICE


 


Gathering service under
this Agreement will be provided on an interruptible basis subject to the terms
of this Agreement.


 


POINTS OF RECEIPT


 


	
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  728-6638

  
	
  728-6641

  
	
  728-6642

  
	
  728-6644

  
	
  728-6647

  
	
  728-6648

  
	
  728-6649

  
	
  728-6651

  
	
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  728-6666

  
	
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  728-6678

  
	
  728-6682

  
	
  728-6689

  
	
  728-6692

  
	
  728-6693

  
	
  728-6694

  
	
  728-6696

  
	
  728-6697

  
	
  728-6698

  
	
  728-6702

  
	
  725-6720

  
	
  725-6721

  
	
  725-6722

  
	
  725-6725

  
	
  725-6727

  
	
  725-6732

  



 


13

















 


	
  725-6733

  
	
  728-6756

  
	
  725-6758

  
	
  725-6759

  
	
  725-6760

  
	
  725-6762

  
	
  725-6764

  
	
  725-6765

  
	
  725-6766

  
	
  728-6768

  
	
  728-6769

  
	
  728-6770

  
	
  728-6771

  
	
  728-6772

  
	
  725-6777

  
	
  725-6778

  
	
  725-6779

  
	
  725-6780

  
	
  725-6781

  
	
  725-6782

  
	
  728-6783

  
	
  725-6788

  
	
  725-6789

  
	
  725-6792

  
	
  725-6797

  
	
  725-6798

  
	
  725-6804

  
	
  725-6809

  
	
  728-6810

  
	
  728-6811

  
	
  728-6813

  
	
  728-6814

  
	
  728-6815

  
	
  728-6819

  
	
  728-6827

  
	
  728-6828

  
	
  728-6832

  
	
  728-6833

  
	
  728-6837

  
	
  728-6838

  
	
  728-6840

  
	
  728-6841

  
	
  728-6842

  
	
  728-6843

  
	
  728-6844

  
	
  728-6845

  
	
  728-6846

  
	
  728-6870

  
	
  728-6874

  
	
  728-6875

  



 


14

















 


	
  728-6876

  
	
  728-6878

  
	
  728-6879

  
	
  728-6882

  
	
  728-6883

  
	
  728-6884

  
	
  728-6885

  
	
  725-6888

  
	
  728-6931

  
	
  728-6932

  
	
  728-6933

  
	
  728-6935

  
	
  728-6970

  
	
  728-6974

  
	
  728-6989

  
	
  728-6990

  
	
  728-6991

  
	
  728-6992

  
	
  728-6993

  
	
  728-6994

  
	
  728-7017

  
	
  728-6992

  
	
  728-7022

  
	
  728-7023

  
	
  728-7024

  
	
  728-7025

  
	
  728-7026

  
	
  728-7027

  
	
  728-7029

  
	
  728-7031

  
	
  728-7033

  
	
  728-7034

  
	
  728-7035

  
	
  728-7036

  
	
  728-7048

  
	
  728-7049

  
	
  728-7050

  
	
  728-7051

  
	
  728-7052

  
	
  728-7059

  
	
  728-7060

  
	
  725-7064

  
	
  728-7085

  
	
  728-7095

  
	
  728-7096

  
	
  728-7097

  
	
  728-7098

  
	
  728-7103

  
	
  728-7104

  
	
  728-7105

  



 


15

















 


	
  728-7106

  
	
  728-7109

  
	
  728-7114

  
	
  728-7214

  
	
  728-7264

  
	
  728-7266

  
	
  728-7272

  
	
  728-7273

  
	
  728-7274

  
	
  728-7276

  
	
  728-7277

  
	
  728-7278

  
	
  728-7279

  
	
  728-7280

  
	
  728-7286

  
	
  728-7287

  
	
  728-7288

  
	
  728-7292

  
	
  728-7293

  
	
  728-7294

  
	
  728-7295

  
	
  728-7296

  
	
  725-7301

  
	
  728-7304

  
	
  725-7725

  
	
  728-198

  
	
  725-274

  
	
  725-278

  
	
  728-0285

  
	
  728-0289

  
	
  725-323

  
	
  725-327

  
	
  725-329

  
	
  725-404

  
	
  725-0405

  
	
  725-406

  
	
  725-423

  
	
  725-426

  
	
  725-443

  
	
  725-0447

  
	
  728-448

  
	
  725-449

  
	
  725-450

  
	
  725-451

  
	
  725-0459

  
	
  725-470

  
	
  725-497

  
	
  725-504

  
	
  725-506

  
	
  725-510

  



 


16

















 


	
  725-0511

  
	
  725-513

  
	
  728-1010

  
	
  728-1016

  
	
  728-1018

  
	
  728-1020

  
	
  728-1021

  
	
  728-111

  
	
  728-1120

  
	
  728-1127

  
	
  728-1130

  
	
  728-1137

  
	
  728-1138

  
	
  728-1139

  
	
  728-1306

  
	
  728-1315

  
	
  725-1824

  
	
  725-1829

  
	
  725-1831

  
	
  725-1833

  
	
  728-1849

  
	
  728-1850

  
	
  728-1852

  
	
  728-1863

  
	
  728-1869

  
	
  728-1870

  
	
  728-1871

  
	
  728-1872

  
	
  728-1873

  
	
  728-1874

  
	
  725-1913

  
	
  728-1934

  
	
  728-1935

  
	
  728-1936

  
	
  715-1940

  
	
  725-1941

  
	
  725-1942

  
	
  728-1987

  
	
  728-1989

  
	
  728-1990

  
	
  728-1991

  
	
  728-1992

  
	
  711-1998

  
	
  715-1999

  
	
  725-2001

  
	
  728-2005

  
	
  728-2006

  
	
  728-2007

  
	
  728-2008

  
	
  728-2009

  



 


17

















 


	
  728-2010

  
	
  728-2011

  
	
  728-2012

  
	
  728-2014

  
	
  728-2015

  
	
  711-2016

  
	
  728-2020

  
	
  728-2024

  
	
  725-2026

  
	
  725-2027

  
	
  725-2031

  
	
  725-2032

  
	
  711-2033

  
	
  728-2112

  
	
  728-2113

  
	
  728-2114

  
	
  728-2115

  
	
  728-2116

  
	
  728-2117

  
	
  728-2118

  
	
  728-2120

  
	
  728-2121

  
	
  716-2135

  
	
  725-2135

  
	
  728-2145

  
	
  728-2146

  
	
  728-2148

  
	
  728-2149

  
	
  728-2150

  
	
  728-2151

  
	
  728-2199

  
	
  728-2200

  
	
  728-2201

  
	
  728-2203

  
	
  728-2206

  
	
  728-2207

  
	
  728-2208

  
	
  728-2220

  
	
  711-2266

  
	
  728-2274

  
	
  728-2275

  
	
  728-2276

  
	
  728-2277

  
	
  728-2279

  
	
  728-2280

  
	
  728-2286

  
	
  725-2372

  
	
  725-2374

  
	
  725-2375

  
	
  710-2376

  



 


18

















 


	
  711-2376

  
	
  711-2378

  
	
  725-2379

  
	
  728-2389

  
	
  728-2390

  
	
  728-2391

  
	
  728-2392

  
	
  728-2399

  
	
  728-2400

  
	
  728-2453

  
	
  728-2469

  
	
  728-2470

  
	
  728-2471

  
	
  728-2472

  
	
  728-2473

  
	
  728-2474

  
	
  728-2476

  
	
  728-2477

  
	
  728-2478

  
	
  728-2479

  
	
  728-2482

  
	
  728-2484

  
	
  728-2547

  
	
  728-2548

  
	
  728-2549

  
	
  728-2550

  
	
  728-2551

  
	
  728-2555

  
	
  728-2556

  
	
  728-2557

  
	
  728-2558

  
	
  728-2559

  
	
  728-2562

  
	
  728-2563

  
	
  728-2565

  
	
  728-2566

  
	
  728-2583

  
	
  728-2584

  
	
  728-2585

  
	
  728-2586

  
	
  725-2587

  
	
  728-2587

  
	
  728-2588

  
	
  728-2589

  
	
  728-2591

  
	
  728-2592

  
	
  728-2593

  
	
  728-2594

  
	
  728-2595

  
	
  728-2596

  



 


19

















 


	
  728-2598

  
	
  728-2599

  
	
  728-2600

  
	
  728-2601

  
	
  728-2602

  
	
  728-2623

  
	
  828-2627

  
	
  828-2628

  
	
  711-2703

  
	
  711-2706

  
	
  711-2823

  
	
  711-2824

  
	
  728-2831

  
	
  728-2835

  
	
  828-2837

  
	
  828-2838

  
	
  825-2839

  
	
  728-2843

  
	
  728-2844

  
	
  728-2845

  
	
  728-2846

  
	
  728-2863

  
	
  728-2869

  
	
  728-2870

  
	
  728-2926

  
	
  728-2927

  
	
  728-2928

  
	
  728-2929

  
	
  728-2931

  
	
  728-2938

  
	
  728-2939

  
	
  728-2940

  
	
  728-2942

  
	
  728-2965

  
	
  728-2966

  
	
  728-2968

  
	
  728-2975

  
	
  728-2976

  
	
  728-2977

  
	
  728-2978

  
	
  728-2979

  
	
  725-2980

  
	
  728-2990

  
	
  828-3006

  
	
  728-3035

  
	
  728-3036

  
	
  728-3037

  
	
  728-3038

  
	
  728-3040

  
	
  728-3041

  



 


20

















 


	
  728-3043

  
	
  728-3044

  
	
  728-3045

  
	
  728-3046

  
	
  728-3047

  
	
  728-3048

  
	
  728-3049

  
	
  728-3050

  
	
  728-3051

  
	
  728-3052

  
	
  728-3053

  
	
  728-3054

  
	
  728-3082

  
	
  728-3083

  
	
  728-3084

  
	
  728-3166

  
	
  728-3167

  
	
  728-3169

  
	
  728-3171

  
	
  728-3172

  
	
  728-3173

  
	
  728-3175

  
	
  728-3176

  
	
  725-3178

  
	
  728-3212

  
	
  728-3216

  
	
  728-3217

  
	
  728-3218

  
	
  728-3220

  
	
  828-3221

  
	
  828-3222

  
	
  828-3227

  
	
  828-3290

  
	
  728-3305

  
	
  728-3307

  
	
  728-3310

  
	
  728-3311

  
	
  728-3313

  
	
  728-3314

  
	
  728-3315

  
	
  728-3317

  
	
  728-3318

  
	
  728-3319

  
	
  728-3323

  
	
  728-3324

  
	
  728-3327

  
	
  728-3328

  
	
  728-3356

  
	
  711-3399

  
	
  828-3414

  



 


21
















 


	
  728-3432

  
	
  728-3433

  
	
  728-3437

  
	
  728-3438

  
	
  828-3447

  
	
  728-3449

  
	
  728-3452

  
	
  725-3549

  
	
  725-3550

  
	
  728-3553

  
	
  725-3554

  
	
  728-3554

  
	
  728-3555

  
	
  728-3556

  
	
  728-3557

  
	
  728-3558

  
	
  728-3561

  
	
  728-3562

  
	
  728-3563

  
	
  728-3564

  
	
  728-3565

  
	
  728-3566

  
	
  728-3567

  
	
  728-3568

  
	
  728-3569

  
	
  728-3575

  
	
  728-3589

  
	
  728-3590

  
	
  728-3592

  
	
  728-3593

  
	
  728-3594

  
	
  728-3595

  
	
  728-3596

  
	
  728-3597

  
	
  728-3598

  
	
  728-3601

  
	
  728-3602

  
	
  728-3603

  
	
  728-3604

  
	
  728-3610

  
	
  728-3611

  
	
  728-3612

  
	
  728-3613

  
	
  728-3614

  
	
  728-3615

  
	
  728-3616

  
	
  728-3617

  
	
  728-3618

  
	
  728-3619

  
	
  728-3620

  



 


22

















 


	
  728-3621

  
	
  728-3622

  
	
  728-3623

  
	
  825-3625

  
	
  728-3626

  
	
  728-3628

  
	
  728-3629

  
	
  728-3630

  
	
  728-3631

  
	
  728-3632

  
	
  728-3633

  
	
  728-3634

  
	
  728-3635

  
	
  728-3636

  
	
  728-3637

  
	
  728-3640

  
	
  728-3646

  
	
  728-3649

  
	
  728-3650

  
	
  728-3651

  
	
  728-3652

  
	
  728-3655

  
	
  728-3662

  
	
  728-3663

  
	
  728-3666

  
	
  728-3667

  
	
  728-3668

  
	
  728-3671

  
	
  728-3672

  
	
  728-3673

  
	
  728-3674

  
	
  728-3675

  
	
  728-3678

  
	
  728-3682

  
	
  728-3683

  
	
  725-3685

  
	
  728-3703

  
	
  728-3704

  
	
  728-3705

  
	
  728-3706

  
	
  728-3707

  
	
  728-3710

  
	
  728-3711

  
	
  728-3712

  
	
  728-3713

  
	
  728-3714

  
	
  728-3715

  
	
  728-3716

  
	
  728-3718

  
	
  728-3719

  



 


23

















 


	
  728-3720

  
	
  728-3722

  
	
  728-3723

  
	
  728-3724

  
	
  728-3725

  
	
  728-3727

  
	
  728-3728

  
	
  728-3739

  
	
  728-3748

  
	
  728-3749

  
	
  728-3750

  
	
  728-3751

  
	
  728-3752

  
	
  728-3753

  
	
  728-3756

  
	
  728-3757

  
	
  728-3758

  
	
  728-3759

  
	
  728-3760

  
	
  728-3761

  
	
  728-3763

  
	
  728-3764

  
	
  728-3768

  
	
  728-3769

  
	
  825-3804

  
	
  711-3811

  
	
  728-3884

  
	
  728-3885

  
	
  728-3886

  
	
  728-3888

  
	
  728-3889

  
	
  728-3890

  
	
  728-3892

  
	
  728-3893

  
	
  728-3894

  
	
  728-3895

  
	
  728-3896

  
	
  728-3897

  
	
  728-3899

  
	
  728-3900

  
	
  728-3901

  
	
  728-3902

  
	
  728-3903

  
	
  728-386

  
	
  725-3953

  
	
  728-3956

  
	
  728-3957

  
	
  728-3958

  
	
  728-3959

  
	
  728-3960

  



 


24

















 


	
  728-3961

  
	
  728-3964

  
	
  728-3966

  
	
  728-3967

  
	
  728-3970

  
	
  728-3971

  
	
  728-3973

  
	
  728-3974

  
	
  728-3976

  
	
  728-3977

  
	
  728-3978

  
	
  728-3979

  
	
  728-4057

  
	
  728-4058

  
	
  728-4059

  
	
  728-4060

  
	
  728-4061

  
	
  728-4062

  
	
  728-4065

  
	
  728-4068

  
	
  728-4070

  
	
  728-4071

  
	
  728-4072

  
	
  728-4073

  
	
  728-4074

  
	
  728-4075

  
	
  728-4076

  
	
  828-4086

  
	
  828-4087

  
	
  728-4099

  
	
  728-4100

  
	
  728-4101

  
	
  728-4102

  
	
  728-4105

  
	
  728-4158

  
	
  728-4159

  
	
  728-4160

  
	
  728-4162

  
	
  728-4163

  
	
  728-4164

  
	
  728-4165

  
	
  728-4166

  
	
  728-4167

  
	
  728-4168

  
	
  728-4169

  
	
  728-4170

  
	
  728-4171

  
	
  728-4172

  
	
  728-4174

  
	
  728-4175

  



 


25

















 


	
  728-4176

  
	
  728-4250

  
	
  728-4251

  
	
  728-4252

  
	
  728-4253

  
	
  728-4255

  
	
  728-4256

  
	
  728-4258

  
	
  728-4259

  
	
  728-4260

  
	
  728-4261

  
	
  728-4262

  
	
  728-4264

  
	
  728-4265

  
	
  728-4266

  
	
  728-4267

  
	
  728-4268

  
	
  728-4269

  
	
  728-4270

  
	
  728-4271

  
	
  728-4272

  
	
  728-4273

  
	
  728-4277

  
	
  728-4279

  
	
  728-4280

  
	
  728-4281

  
	
  728-4282

  
	
  728-4283

  
	
  728-4356

  
	
  728-4360

  
	
  728-4361

  
	
  728-4362

  
	
  728-4363

  
	
  728-4369

  
	
  728-4370

  
	
  728-4371

  
	
  728-4373

  
	
  728-4374

  
	
  728-4376

  
	
  728-4377

  
	
  728-4441

  
	
  728-4488

  
	
  728-4499

  
	
  728-4511

  
	
  728-4523

  
	
  728-4533

  
	
  728-4602

  
	
  725-4738

  
	
  725-001

  
	
  725-002

  



 


26

















 


	
  725-003

  
	
  725-004

  
	
  711-005

  
	
  711-006

  
	
  711-007

  
	
  711-008

  
	
  725-010

  
	
  725-011

  
	
  725-012

  
	
  725-013

  
	
  725-014

  
	
  725-015

  
	
  711-016

  
	
  711-017

  
	
  725-018

  
	
  728-019

  
	
  728-020

  
	
  725-021

  
	
  725-022

  
	
  711-023

  
	
  714-024

  
	
  711-025

  
	
  725-026

  
	
  725-027

  
	
  725-028

  
	
  725-029

  
	
  725-030

  
	
  711-031

  
	
  725-032

  
	
  711-033

  
	
  711-034

  
	
  711-035

  
	
  711-036

  
	
  711-037

  
	
  728-038

  
	
  725-039

  
	
  728-040

  
	
  711-041

  
	
  711-042

  
	
  711-043

  
	
  725-044

  
	
  711-045

  
	
  728-046

  
	
  725-047

  
	
  711-048

  
	
  711-049

  
	
  711-050

  
	
  711-051

  
	
  725-052

  
	
  711-053

  



 


27

















 


	
  715-054

  
	
  725-055

  
	
  725-056

  
	
  711-057

  
	
  711-058

  
	
  711-059

  
	
  725-060

  
	
  711-062

  
	
  725-063

  
	
  725-064

  
	
  725-065

  
	
  711-066

  
	
  725-067

  
	
  725-068

  
	
  725-069

  
	
  725-070

  
	
  711-071

  
	
  725-072

  
	
  711-073

  
	
  725-074

  
	
  711-075

  
	
  725-076

  
	
  725-077

  
	
  711-078

  
	
  725-079

  
	
  725-080

  
	
  711-081

  
	
  711-082

  
	
  725-083

  
	
  725-084

  
	
  711-086

  
	
  711-087

  
	
  711-088

  
	
  725-089

  
	
  725-090

  
	
  725-091

  
	
  725-092

  
	
  725-093

  
	
  725-094

  
	
  711-095

  
	
  710-096

  
	
  711-099

  
	
  711-100

  
	
  711-101

  
	
  725-102

  
	
  725-103

  
	
  725-104

  
	
  725-105

  
	
  711-106

  
	
  725-107

  



 


28

















 


	
  711-108

  
	
  711-109

  
	
  711-110

  
	
  725-111

  
	
  725-112

  
	
  711-113

  
	
  714-116

  
	
  728-117-1

  
	
  714-118

  
	
  714-119

  
	
  711-120

  
	
  725-121

  
	
  711-122

  
	
  725-123

  
	
  725-124

  
	
  725-125

  
	
  725-126

  
	
  725-127

  
	
  711-128

  
	
  711-129

  
	
  725-130

  
	
  725-133

  
	
  725-134

  
	
  725-135

  
	
  711-136

  
	
  711-137

  
	
  725-138

  
	
  725-139

  
	
  711-140

  
	
  725-141

  
	
  725-142

  
	
  711-144

  
	
  711-145

  
	
  725-146

  
	
  711-147

  
	
  725-150

  
	
  711-151

  
	
  725-152

  
	
  711-153

  
	
  711-154

  
	
  711-155

  
	
  725-156

  
	
  711-157

  
	
  725-158

  
	
  710-159

  
	
  725-159

  
	
  725-160

  
	
  710-161

  
	
  711-161

  
	
  711-162

  



 


29

















 


	
  715-163

  
	
  725-165

  
	
  711-166

  
	
  711-167

  
	
  711-168

  
	
  711-169

  
	
  725-173

  
	
  725-174

  
	
  725-175

  
	
  725-177

  
	
  711-178

  
	
  711-179

  
	
  728-180

  
	
  725-181

  
	
  725-182

  
	
  725-183

  
	
  725-184

  
	
  725-185

  
	
  725-186

  
	
  725-187

  
	
  725-188

  
	
  725-189

  
	
  711-190

  
	
  710-191

  
	
  725-191

  
	
  711-192

  
	
  711-193

  
	
  711-194

  
	
  711-195

  
	
  725-196

  
	
  725-197

  
	
  725-199

  
	
  711-200

  
	
  725-201

  
	
  711-202

  
	
  711-203

  
	
  725-204

  
	
  716-206

  
	
  725-206

  
	
  725-207

  
	
  711-208

  
	
  725-209

  
	
  725-210

  
	
  711-211

  
	
  725-212

  
	
  725-213

  
	
  711-214

  
	
  725-215

  
	
  711-216

  
	
  726-217

  



 


30

















 


	
  711-218

  
	
  711-219

  
	
  725-220

  
	
  711-221

  
	
  725-222

  
	
  711-223

  
	
  725-224

  
	
  711-225

  
	
  725-226

  
	
  711-227

  
	
  715-228

  
	
  725-229

  
	
  725-232

  
	
  711-233

  
	
  725-234

  
	
  725-235

  
	
  725-236

  
	
  725-237

  
	
  725-238

  
	
  711-239

  
	
  711-240

  
	
  711-242

  
	
  725-243

  
	
  711-244

  
	
  725-245

  
	
  725-247

  
	
  725-248

  
	
  725-250

  
	
  728-252

  
	
  725-256

  
	
  711-257

  
	
  725-258

  
	
  728-261

  
	
  728-263

  
	
  711-265

  
	
  725-266

  
	
  711-267

  
	
  725-268

  
	
  725-269

  
	
  725-270

  
	
  725-271

  
	
  728-280

  
	
  728-283

  
	
  715-284

  
	
  725-286

  
	
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  725-300

  
	
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  725-308

  
	
  725-310

  
	
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  728-316

  
	
  725-317

  
	
  725-318

  
	
  711-322

  
	
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  725-334

  
	
  725-335

  
	
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  725-341

  
	
  725-342

  
	
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  711-344

  
	
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  728-50351

  
	
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  710-359

  
	
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  711-360

  
	
  725-361

  
	
  725-362

  
	
  725-366

  
	
  725-367

  
	
  725-368

  
	
  725-369

  
	
  725-370

  
	
  725-371

  
	
  725-373

  
	
  725-374

  
	
  725-378

  
	
  710-380

  



 


32

















 


 


	
  711-381

  
	
  728-50383

  
	
  725-384

  
	
  725-385

  
	
  714-387

  
	
  725-388

  
	
  725-390

  
	
  725-391

  
	
  728-392

  
	
  725-393

  
	
  725-394

  
	
  725-395

  
	
  725-396

  
	
  725-397

  
	
  725-399

  
	
  710-401

  
	
  728-402

  
	
  725-407

  
	
  725-408

  
	
  725-409

  
	
  725-411

  
	
  725-413

  
	
  716-414

  
	
  725-414

  
	
  728-416

  
	
  725-417

  
	
  711-418

  
	
  728-419

  
	
  725-422

  
	
  725-424

  
	
  714-428

  
	
  711-430

  
	
  728-431

  
	
  728-432

  
	
  725-433

  
	
  725-434

  
	
  725-435

  
	
  728-436

  
	
  728-437

  
	
  714-442

  
	
  725-444

  
	
  725-445

  
	
  725-446

  
	
  728-452

  
	
  728-50454

  
	
  725-461

  
	
  725-462

  
	
  725-464

  
	
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  710-466

  



 


33

















 


	
  725-467

  
	
  725-468

  
	
  725-471

  
	
  711-474

  
	
  711-475

  
	
  725-476

  
	
  725-477

  
	
  711-478

  
	
  725-480

  
	
  711-481

  
	
  725-484

  
	
  711-486

  
	
  725-487

  
	
  728-488

  
	
  725-491

  
	
  710-492

  
	
  725-492

  
	
  725-493

  
	
  715-494

  
	
  725-495

  
	
  725-496

  
	
  725-499

  
	
  711-501

  
	
  715-502

  
	
  725-502

  
	
  711-503

  
	
  725-507

  
	
  728-001

  
	
  728-002

  
	
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  728-004

  
	
  728-005

  
	
  728-006·

  
	
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  728-019-1

  
	
  728-101

  
	
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  828-3804

  



 


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  828-3625

  
	
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  728-4309

  
	
  728-4310

  
	
  728-4276

  
	
  725-132851

  
	
  711-132857

  
	
  725-132897

  
	
  725-133550

  
	
  725-133551

  
	
  715-133736

  
	
  710-133742

  
	
  711-133789

  
	
  711-133793

  
	
  711-133796

  
	
  725-133814

  



 


POINTS OF DELIVERY


 


	
  Meter No.

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  75-9315

  	
   

  	
  East Tennessee (Nora) Dickenson Co

  
	
  75-9326

  	
   

  	
  EAST TENN (NORA) / Dickenson # 3

  
	
  55M3A

  	
   

  	
  Shelby Gap (Nora to KY)

  



 


36

















 


EXHIBIT C


 


RATES


 


EFFECTIVE DATE:           


 


Attached to and made a
part of the Gas Gathering Agreement, dated as of the     
day of         ,20
      , between Nora Gathering, LLC and Equitable
Energy, LLC.


 


GATHERING RATE


 


Rate = $        
per Dth received


 


Beginning on the
Commencement Date, the gathering rate assessed on each Dth of Gas received at
the Point(s) of Receipt will be updated every calendar quarter to reflect the
actual cost of providing gathering service on the Gathering System for the
preceding twelve-Month period, calculated based upon the factors set forth
below. New rates will be placed into effect on the first Day of the second
Month following the end of the calendar quarter (e.g., 1st quarter rates will
go into effect May 1, based on the cost of service for the twelve Months ending
March 31). The Gathering Rate will be calculated based on the following
factors:


 


Pre-Tax Return of [  ]%

Gross plant adjusted for accumulated depreciation

Operating and maintenance expense (excluding electric compression costs) 

General and Administrative Expense 

Depreciation 

Taxes other than income


 


GAS RETENTION PERCENTAGE


 


The Gas Retention
Percentage shall be the actual Natural Gas compressor fuel use, shrink and lost
and unaccounted for Gas incurred by Gatherer to gather and deliver Shipper’s
gas to the Point(s) of Delivery for the Month divided by total volumes (in Dth) received by Gatherer from
Shipper at the Point(s) of Receipt during the Month.


 


ELECTRIC COMPRESSION RATE
($ per Dth
received)


 


Rate = $     Dth
received


 


Beginning with the
Commencement Date the electric compression rate assessed per Dth of Natural Gas
received into the Gathering System (the “Electric Compression Rate”) will be
updated every calendar year to adjust the rate for historic over or under
recovery of electric compression costs and prospective changes in electric
compression costs. New rates will be placed into effect on February 1 of each
year, based on the electric compression costs incurred and rate recoveries for
the previous year ending December 31.


 


1

















 


Shipper acknowledges and
agrees that this Exhibit C shall be subject to termination by Gatherer and
renegotiation between Gatherer and Shipper if at any time the Gathering System
shall become subject to any regulation (including without limitation any requirement
to open access to the Gathering System) by any Government Authority that would
impose new and/or additional governmental oversight of the gathering rates. The
Gatherer and Shipper acknowledge that the discounted Gathering Rate set forth
herein was negotiated in consideration of the fact that the Gas will be
gathered hereunder being Gas produced by one or more members of the Gatherer.


 


THE REMAINDER
OF THIS PAGE
HAS BEEN
LEFT INTENTIONALLY BLANK


 


2

















 


EXIHBIT D


 


GATHERING SYSTEM


 


EFFECTIVE DATE:


 


Attached to and made a
part of the Gas Gathering Agreement, dated as of the
       day of       , 20    ,
between Nora Gathering, LLC and Equitable Energy, LLC.


 


[INSERT DESCRIPTION OF
GATHERING SYSTEM]


 


1

















 


EXHIBIT H


 


FORM OF GAS PURCHASE AGREEMENT


 


[Attached behind this page.]


 
















 


Base Contract for Sale and Purchase of Natural Gas


 


This
Base Contract is entered into as of the following date:
                  ,
2007. The parties to this Base Contract are the following:


 


	
  Equitable
  Energy, LLC

  	
   

  	
  and

  	
   

  	
  Equitable
  Production Company

  
	
  225 North Shore Drive, 4th Floor, Pittsburgh, PA
  15212-5861

  	
   

  	
   

  	
   

  	
  225 North Shore Drive, 4th Floor, Pittsburgh, PA
  15212-5861

  
	
  Duns Number:             03-585-8708

  	
   

  	
   

  	
   

  	
  Duns Number:

  
	
  Contract Number:

  	
   

  	
   

  	
   

  	
  Contract Number:

  
	
  U.S. Federal Tax ID
  Number:  02-0750473

  	
   

  	
   

  	
   

  	
  U.S. Federal Tax ID
  Number:

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Notices:

  	
   

  	
   

  	
   

  	
   

  
	
  Same
  as above

  	
   

  	
   

  	
   

  	
  Same
  as above

  
	
  Attn:                     Contract
  Administration

  	
   

  	
   

  	
   

  	
  Attn:                     Contract
  Administration

  
	
  Phone:  412.395.2635           Fax:  412.395.2675

  	
   

  	
   

  	
   

  	
  Phone:
                                      Fax:

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Confirmations:

  	
   

  	
   

  	
   

  	
   

  
	
  Same
  as above

  	
   

  	
   

  	
   

  	
  Same
  as above

  
	
  Attn:                     Contract
  Administration

  	
   

  	
   

  	
   

  	
  Attn:                     Contract
  Administration

  
	
  Phone: 412.395.2635           Fax:
  412.395.2675

  	
   

  	
   

  	
   

  	
  Phone:
                                      Fax:

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Invoices
  and Payments:

  	
   

  	
   

  	
   

  	
   

  
	
  Invoices:                     
  Same as above

  	
   

  	
   

  	
   

  	
   

  
	
  Attn:                           
  Dan Massengill

  	
   

  	
   

  	
   

  	
  Attn:

  
	
  Payments:             
  Per invoice instructions

  	
   

  	
   

  	
   

  	
   

  
	
  Phone: 412.395.2616           Fax:
  412.395.2675

  	
   

  	
   

  	
   

  	
  Phone:
                                      Fax:

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Wire
  Transfer or ACH Numbers (if applicable):

  	
   

  	
   

  	
   

  	
   

  
	
  BANK:         Mellon
  Bank, NA, Pittsburgh, PA

  	
   

  	
   

  	
   

  	
  BANK:

  
	
  ABA:                               
  043000261

  	
   

  	
   

  	
   

  	
  ABA:

  
	
  ACCT:                   Per
  invoice instructions

  	
   

  	
   

  	
   

  	
  ACCT:

  
	
  Other Details:

  	
   

  	
   

  	
   

  	
  Other Details:

  



 


This
Base Contract incorporates by reference for all purposes the General Terms and
Conditions for Sale and Purchase of Natural Gas published by the North  American Energy Standards Board. The
parties hereby agree to the following provisions offered in said General Terms
and Conditions. In the event the parties fail to check a box, the specified
default provision shall apply. Select only one box from each section:


 


	
  Section 1.2
  Transaction Procedure

  	
   

  	
  o
  Oral (default)

  x Written

  	
   

  	
  Section 7.2
  Payment Date

  	
   

  	
  x
  25th Day of Month following Month of delivery
  (default)

  o
                
  Day of Month following Month of delivery

  
	
  Section 2.5
  Confirm Deadline

  	
   

  	
  x
  2 Business Days after receipt (default)

  o
           Business Days after receipt

  	
   

  	
  Section 7.2 Method
  of Payment

  	
   

  	
  x
  Wire transfer (default)

  o Automated
  Clearinghouse Credit (ACH)

  x Check

  
	
  Section 2.6

  Confirming Party

  	
   

  	
  o
  Seller (default)

  o Buyer

  x
           Equitable Energy, LLC

  	
   

  	
  Section 7.7 Netting

  	
   

  	
  x
  Netting applies (default)

  o Netting does not
  apply

  
	
  Section 3.2 Performance
  Obligation

  	
   

  	
  x
  Cover Standard (default)

  o Spot Price Standard

  	
   

  	
  Section 10.3.1 Early
  Termination Damages

  	
   

  	
  x
  Early Termination Damages Apply (default)

  o Early Termination Damages
  Do Not Apply

  
	
  Note: The
  following Spot Price Publication applies to both of the immediately
  preceding]

  	
   

  	
  Section 10.3.2 Other
  Agreement Setoffs

  	
   

  	
  o
  Other Agreement Setoffs Apply (default)

  x Other Agreement
  Setoffs Do Not Apply

  
	
  Section 2.26

  Spot Price Publication

  	
   

  	
  x
  Gas Daily Midpoint (default) – Average of Louisiana-Onshore South, Tennessee,
  La. 800 Leg and Louisiana-Onshore South, Tennessee, La., 500 Leg

  o

  	
   

  	
  Section 14.5 Choice Of Law

  	
   

  	
   

               Virginia

  
	
  Section 6  Taxes

  	
   

  	
  x
  Buyer Pays At and After Delivery Point (default)

  o Seller Pays Before
  and At Delivery Point

  	
   

  	
  Section 14.10
  Confidentiality

  	
   

  	
  x
  Confidentiality applies (default)

  o Confidentiality does
  not apply

  



 


x
Special Provisions
Number of sheets attached: Two

 o  Addendum(s):          None


 


IN
WITNESS WHEREOF, the parties hereto have executed this Base Contract in
duplicate.


 


	
  Equitable Energy. LLC

  	
   

  	
  Equitable Production Company

  
	
  Party Name

  	
   

  	
  Party Name

  



 


	
  Copyright © 2002 North
  American Energy Standards Board

  	
   

  	
  NAESB Standard X.X.X

  
	
  All Rights Reserved

  	
   

  	
  January 28, 2002

  
	
  Houston 3192285v.7

  	
   

  	
   

  



 


1

















 


 


	
  By

  	
   

  	
   

  	
  By

  	
   

  
	
  Name: Frank R.
  Kronz, Jr.

  	
   

  	
  Name:

  
	
  Title: Director –
  Corporate Risk Management

  	
   

  	
  Title:

  



 


General Terms and Conditions 

Base Contract for Sale and Purchase of Natural Gas


 


SECTION 1.  PURPOSE AND PROCEDURES


 


1.1.   These
General Terms and Conditions are intended to facilitate purchase and sale
transactions of Gas on a Firm or Interruptible basis. “Buyer” refers to the
party receiving Gas and “Seller” refers to the party delivering Gas. The entire
agreement between the parties shall be the Contract as defined in Section 2.7.


 


The parties have selected either the “Oral Transaction
Procedure” or the “Written Transaction Procedure” as indicated on the Base
Contract.


 


Oral Transaction Procedure:


 


1.2.   The
parties will use the following Transaction Confirmation procedure. Any Gas
purchase and sale transaction may be effectuated in an EDI transmission or
telephone conversation with the offer and acceptance constituting the agreement
of the parties. The parties shall be legally bound from the time they so agree
to transaction terms and may each rely thereon. Any such transaction shall be
considered a “writing” and to have been “signed”. Notwithstanding the foregoing
sentence, the parties agree that Confirming Party shall, and the other party
may, confirm a telephonic transaction by sending the other party a Transaction
Confirmation by facsimile, EDI or mutually agreeable electronic means within
three Business Days of a transaction covered by this Section 1.2 (Oral
Transaction Procedure) provided that the failure to send a Transaction
Confirmation shall not invalidate the oral agreement of the parties. Confirming
Party adopts its confirming letterhead, or the like, as its signature on any
Transaction Confirmation as the identification and authentication of Confirming
Party. If the Transaction Confirmation contains any provisions other than those
relating to the commercial terms of the transaction (i.e., price, quantity,
performance obligation, delivery point, period of delivery and/or
transportation conditions), which modify or supplement the Base Contract or
General Terms and Conditions of this Contract (e.g., arbitration or additional
representations and warranties), such provisions shall not be deemed to be
accepted pursuant to Section 1.3 but must be expressly agreed to by both
parties; provided that the foregoing shall not invalidate any transaction
agreed to by the parties.


 


Written Transaction Procedure:


 


1.2.   The
parties will use the following Transaction Confirmation procedure. Should the
parties come to an agreement regarding a Gas purchase and sale transaction for
a particular Delivery Period, the Confirming Party shall and the other party
may, record that agreement on a Transaction Confirmation and communicate such
Transaction Confirmation by facsimile, EDI or mutually agreeable electronic
means, to the other party by the close of the Business Day following the date
of agreement. The parties acknowledge that their agreement will not be binding
until the exchange of nonconflicting Transaction Confirmations or the passage
of the Confirm Deadline without objection from the receiving party, as provided
in Section 1.3.


 


1.3.   If
a sending party’s Transaction Confirmation is materially different from the
receiving party’s understanding of the agreement referred to in Section 1.2,
such receiving party shall notify the sending party via facsimile, EDI or
mutually agreeable electronic means by the Confirm Deadline, unless such
receiving party has previously sent a Transaction Confirmation to the sending
party. The failure of the receiving party to so notify the sending party in
writing by the Confirm Deadline constitutes the receiving party’s agreement to
the terms of the transaction described in the sending party’s Transaction
Confirmation. If there are any material differences between timely sent
Transaction Confirmations governing the same transaction, then neither
Transaction Confirmation shall be binding until or unless such differences are
resolved including the use of any evidence that clearly resolves the
differences in the Transaction Confirmations. In the event of a conflict among
the terms of (i) a binding Transaction Confirmation pursuant to Section 1.2,
(ii) the oral agreement of the parties which may be evidenced by a
recorded conversation, where the parties have selected the Oral Transaction
Procedure of the Base Contract, (iii) the Base Contract, and (iv) these
General Terms and Conditions, the terms of the documents shall govern in the
priority listed in this sentence.


 


1.4.   The
parties agree that each party may electronically record all telephone
conversations with respect to this Contract between their respective employees,
without any special or further notice to the other party. Each party shall
obtain any necessary consent of its agents and employees to such recording.
Where the parties have selected the Oral Transaction Procedure in Section 1.2
of the Base Contract, the parties agree not to contest the validity or
enforceability of telephonic recordings entered into in accordance with the
requirements of this Base Contract. However, nothing herein shall be construed
as a waiver of any objection to the admissibility of such evidence.


 


SECTION 2.
DEFINITIONS


 


The
terms set forth below shall have the meaning ascribed to them below. Other
terms are also defined elsewhere in the Contract and shall have the meanings
ascribed to them herein.


 


2.1.   “Alternative
Damages” shall mean such damages, expressed in dollars or dollars per MMBtu, as
the parties shall agree upon in the Transaction Confirmation, in the event
either Seller or Buyer fails to perform a Firm obligation to deliver Gas in the
case of Seller or to receive Gas in the case of Buyer.


 


2

















 


2.2.     “Base
Contract” shall mean a contract executed by the parties that incorporates these
General Terms and Conditions by reference; that specifies the agreed selections
of provisions contained herein; and that sets forth other information required
herein and any Special Provisions and addendum(s) as identified on page one.


 


2.3.     “British
thermal unit” or “Btu” shall mean the International BTU, which is also called
the Btu (IT).


 


2.4.     “Business
Day” shall mean any day except Saturday, Sunday or Federal Reserve Bank
holidays.


 


2.5.     “Confirm
Deadline” shall mean 5:00 p.m. in the receiving party’s time zone on the
second Business Day following the Day a Transaction Confirmation is received
or, if applicable, on the Business Day agreed to by the parties in the Base
Contract; provided, if the Transaction Confirmation is time stamped after 5:00 p.m.
in the receiving party’s time zone, it shall be deemed received at the opening
of the next Business Day.


 


2.6.     “Confirming
Party” shall mean the party designated in the Base Contract to prepare and
forward Transaction Confirmations to the other party.


 


2.7.     “Contract”
shall mean the legally-binding relationship established by (i) the Base
Contract, (ii) any and all binding Transaction Confirmations and (iii) where
the parties have selected the Oral Transaction Procedure in Section 1.2 of
the Base Contract, any and all transactions that the parties have entered into
through an EDI transmission or by telephone, but that have not been confirmed
in a binding Transaction Confirmation.


 


2.8.     “Contract
Price” shall mean the amount expressed in U.S. Dollars per MMBtu to be paid by
Buyer to Seller for the purchase of Gas as agreed to by the parties in a transaction.


 


2.9.     “Contract
Quantity” shall mean the quantity of Gas to be delivered and taken as agreed to
by the parties in a transaction.


 


2.10.   “Cover Standard”, as
referred to in Section 3.2, shall mean that if there is an unexcused
failure to take or deliver any quantity of Gas pursuant to this Contract, then
the performing party shall use commercially reasonable efforts to (i) if
Buyer is the performing party, obtain Gas, (or an alternate fuel if elected by
Buyer and replacement Gas is not available), or (ii) if Seller is the
performing party, sell Gas, in either case, at a price reasonable for the
delivery or production area, as applicable, consistent with: the amount of
notice provided by the nonperforming party; the immediacy of the Buyer’s Gas consumption
needs or Seller’s Gas sales requirements, as applicable; the quantities
involved; and the anticipated length of failure by the nonperforming party.


 


2.11.   “Credit Support
Obligation(s)” shall mean any obligation(s) to provide or establish credit
support for, or on behalf of, a party to this Contract such as an irrevocable
standby letter of credit, a margin agreement, a prepayment, a security interest
in an asset, a performance bond, guaranty, or other good and sufficient
security of a continuing nature.


 


2.12.   “Day” shall mean a
period of 24 consecutive hours, coextensive with a “day” as defined by the
Receiving Transporter in a particular transaction. .


 


2.13.   “Delivery Period”
shall be the period during which deliveries are to be made as agreed to by the
parties in a transaction.


 


2.14.   “Delivery Point(s)”
shall mean such point(s) as are agreed to by the parties in a transaction.


 


2.15.   “EDI” shall mean an
electronic data interchange pursuant to an agreement entered into by the
parties, specifically relating to the communication of Transaction
Confirmations under this Contract.


 


2.16.   “EFP” shall mean the
purchase, sale or exchange of natural Gas as the “physical” side of an exchange
for physical transaction involving gas futures contracts. EFP shall incorporate
the meaning and remedies of “Firm”, provided that a party’s excuse for
nonperformance of its obligations to deliver or receive Gas will be governed by
the rules of the relevant futures exchange regulated under the Commodity
Exchange Act.


 


2.17.   “Firm” shall mean
that either party may interrupt its performance without liability only to the
extent that such performance is prevented for reasons of Force Majeure;
provided, however, that during Force Majeure interruptions, the party invoking
Force Majeure may be responsible for any Imbalance Charges as set forth in Section 4.3
related to its interruption after the nomination is made to the Transporter and
until the change in deliveries and/or receipts is confirmed by the Transporter.


 


2.18.   “Gas” shall mean any
mixture of hydrocarbons and noncombustible gases in a gaseous state consisting
primarily of methane.


 


2.19.   “Imbalance Charges”
shall mean any fees, penalties, costs or charges (in cash or in kind) assessed
by a Transporter for failure to satisfy the Transporter’s balance and/or
nomination requirements.


 


2.20.   “Interruptible” shall
mean that either party may interrupt its performance at any time for any
reason, whether or not caused by an event of Force Majeure, with no liability,
except such interrupting party may be responsible for any Imbalance Charges as
set forth in Section 4.3 related to its interruption after the nomination
is made to the Transporter and until the change in deliveries and/or receipts
is confirmed by Transporter.


 


2.21.   “MMBtu” shall mean
one million British thermal units, which is equivalent to one dekatherm.


 


2.22.   “Month” shall mean
the period beginning on the first Day of the calendar month and ending
immediately prior to the commencement of the first Day of the next calendar
month.


 


2.23.   “Payment Date” shall
mean a date, as indicated on the Base Contract, on or before which payment is
due Seller for Gas received by Buyer in the previous Month.


 


3

















 


2.24.   “Receiving Transporter” shall mean the Transporter
receiving Gas at a Delivery Point, or absent such receiving Transporter, the
Transporter delivering Gas at a Delivery Point.


 


2.25.   “Scheduled Gas” shall
mean the quantity of Gas confirmed by Transporter(s) for movement,
transportation or management.


 


2.26.   “Spot Price as
referred to in Section 3.2 shall mean the price listed in the publication
indicated on the Base Contract, under the listing applicable to the geographic
location closest in proximity to the Delivery Point(s) for the relevant
Day; provided, if there is no single price published for such location for such
Day, but there is published a range of prices, then the Spot Price shall be the
average of such high and low prices. If no price or range of prices is
published for such Day, then the Spot Price shall be the average of the
following: (i) the price (determined as stated above) for the first Day
for which a price or range of prices is published that next precedes the
relevant Day; and (ii) the price (determined as stated above) for the
first Day for which a price or range of prices is published that next follows
the relevant Day.


 


2.27.   “Transaction
Confirmation” shall mean a document, similar to the form of Exhibit A,
setting forth the terms of a transaction formed pursuant to Section 1 for
a particular Delivery Period.


 


2.28.   “Termination Option”
shall mean the option of either party to terminate a transaction in the event
that the other party fails to perform a Firm obligation to deliver Gas in the
case of Seller or to receive Gas in the case of Buyer for a designated number
of days during a period as specified on the applicable Transaction
Confirmation.


 


2.29.   “Transporter(s)”
shall mean all Gas gathering or pipeline companies, or local distribution
companies, acting in the capacity of a transporter, transporting Gas for Seller
or Buyer upstream or downstream, respectively, of the Delivery Point pursuant
to a particular transaction.


 


SECTION 3.  PERFORMANCE OBLIGATION


 


3.1.   Seller agrees to sell
and deliver, and Buyer agrees to receive and purchase, the Contract Quantity
for a particular transaction in accordance with the terms of the Contract.
Sales and purchases will be on a Firm or Interruptible basis, as agreed to by
the parties in a transaction.


 


The
parties have selected either the “Cover Standard” or the “Spot Price Standard”
as indicated on the Base Contract.


 


Cover
Standard:


 


3.2.   The sole and
exclusive remedy of the parties in the event of a breach of a Firm obligation
to deliver or receive Gas shall be recovery of the following: (i) in the
event of a breach by Seller on any Day(s), payment by Seller to Buyer in an
amount equal to the positive difference, if any, between the purchase price
paid by Buyer utilizing the Cover Standard and the Contract Price, adjusted for
commercially reasonable differences in transportation costs to or from the
Delivery Point(s), multiplied by the difference between the Contract Quantity
and the quantity actually delivered by Seller for such Day(s); or (ii) in
the event of a breach by Buyer on any Day(s), payment by Buyer to Seller in the
amount equal to the positive difference, if any, between the Contract Price and
the price received by Seller utilizing the Cover Standard for the resale of
such Gas, adjusted for commercially reasonable differences in transportation
costs to or from the Delivery Point(s), multiplied by the difference between
the Contract Quantity and the quantity actually taken by Buyer for such Day(s);
or (iii) in the event that Buyer has used commercially reasonable efforts
to replace the Gas or Seller has used commercially, reasonable efforts to sell
the Gas to a third party, and no such replacement or sale is available, then
the sole and exclusive remedy of the performing party shall be any unfavorable
difference between the Contract Price and the Spot Price, adjusted for such
transportation to the applicable Delivery Point, multiplied by the difference
between the Contract Quantity and the quantity actually delivered by Seller and
received by Buyer for such Day(s). Imbalance Charges shall not be recovered
under this Section 3.2, but Seller and/or Buyer shall be responsible for
Imbalance Charges, if any, as provided in Section 4.3. The amount of such
unfavorable difference shall be payable five Business Days after presentation
of the performing party’s invoice, which shall set forth the basis upon which
such amount was calculated.


 


Spot
Price Standard:


 


3.2.   The sole and
exclusive remedy of the parties in the event of a breach of a Firm obligation
to deliver or receive Gas shall be recovery of the following: (i) in the
event of a breach by Seller on any Day(s), payment by Seller to Buyer in an
amount equal to the difference between the Contract Quantity and the actual
quantity delivered by Seller and received by Buyer for such Day(s), multiplied
by the positive difference, if any, obtained by subtracting the Contract Price
from the Spot Price; or (ii) in the event of a breach by Buyer on any
Day(s), payment by Buyer to Seller In an amount equal to the difference between
the Contract Quantity and the actual quantity delivered by Seller and received
by Buyer for such Day(s), multiplied by the positive difference, if any,
obtained by subtracting the applicable Spot Price from the Contract Price.
Imbalance Charges shall not be recovered under this Section 3.2, but
Seller and/or Buyer shall be responsible for Imbalance Charges, if any, as
provided in Section 4.3. The amount of such unfavorable difference shall
be payable five Business Days after presentation of the performing party’s
invoice, which shall set forth the basis upon which such amount was calculated.


 


3.3.   Notwithstanding Section 3.2,
the parties may agree to Alternative Damages in a Transaction Confirmation executed
in writing by both parties.


 


3.4.   In addition to
Sections 3.2 and 3.3, the parties may provide for a Termination Option in a
Transaction Confirmation executed in writing by both parties. The Transaction
Confirmation containing the Termination Option will designate the length of
nonperformance triggering the Termination Option and the procedures for
exercise thereof, how damages for nonperformance will be compensated, and how
liquidation costs will be calculated.


 


4

















 


SECTION 4.  TRANSPORTATION, NOMINATIONS, AND IMBALANCES


 


4.1.   Seller
shall have the sole responsibility for transporting the Gas to the Delivery
Point(s). Buyer shall have the sole responsibility for transporting the Gas
from the Delivery Point(s).


 


4.2.   The
parties shall coordinate their nomination activities, giving sufficient time to
meet the deadlines of the affected Transporter(s). Each party shall give the
other party timely prior Notice, sufficient to meet the requirements of all Transporter(s) involved
in the transaction, of the quantities of Gas to be delivered and purchased each
Day. Should either party become aware that actual deliveries at the Delivery
Point(s) are greater or lesser than the Scheduled Gas, such party shall
promptly notify the other party.


 


4.3.   The
parties shall use commercially reasonable efforts to avoid imposition of any
Imbalance Charges. If Buyer or Seller receives an invoice from a Transporter
that includes Imbalance Charges, the parties shall determine the validity as
well as the cause of such Imbalance Charges. If the Imbalance Charges were
incurred as a result of Buyer’s receipt of quantities of Gas greater than or
less than the Scheduled Gas, then Buyer shall pay for such Imbalance Charges or
reimburse Seller for such Imbalance Charges paid by Seller. If the Imbalance
Charges were incurred as a result of Seller’s delivery of quantities of Gas
greater than or less than the Scheduled Gas, then Seller shall pay for such
Imbalance Charges or reimburse Buyer for such Imbalance Charges paid by Buyer.


 


SECTION 5.  QUALITY AND MEASUREMENT


 


All
Gas delivered by Seller shall meet the pressure, quality and heat content
requirements of the Receiving Transporter. The unit of quantity measurement for
purposes of this Contract shall be one MMBtu dry. Measurement of Gas quantities
hereunder shall be in accordance with the established procedures of the
Receiving Transporter.


 


SECTION 6.  TAXES


 


The parties have selected either “Buyer Pays At and After
Delivery Point” or “Seller Pays Before and At Delivery Point” as indicated on
the Base Contract.


 


Buyer Pays At and After Delivery Point:


 


Seller
shall pay or cause to be paid all taxes, fees, levies, penalties, licenses or
charges imposed by any government authority (“Taxes”) on or with respect to the
Gas prior to the Delivery Point(s). Buyer shall pay or cause to be paid all
Taxes on or with respect to the Gas at the Delivery Point(s) and all Taxes
after the Delivery Point(s). If a party is required to remit or pay Taxes that
are the other party’s responsibility hereunder, the party responsible for such
Taxes shall promptly reimburse the other party for such Taxes. Any party
entitled to an exemption from any such Taxes or charges shall furnish the other
party any necessary documentation thereof.


 


Seller Pays Before and At Delivery Point:


 


Seller
shall pay or cause to be paid all taxes, fees, levies, penalties, licenses or
charges imposed by any government authority (“Taxes”) on or with respect to the
Gas prior to the Delivery Point(s) and all Taxes at the Delivery Point(s).
Buyer shall pay or cause to be paid all Taxes on or with respect to the Gas
after the Delivery Point(s). If a party is required to remit or pay Taxes that
are the other party’s responsibility hereunder, the party responsible for such
Taxes shall promptly reimburse the other party for such Taxes. Any party
entitled to an exemption from any such Taxes or charges shall furnish the other
party any necessary documentation thereof.


 


SECTION 7.  BILLING, PAYMENT, AND AUDIT


 


7.1.   Seller
shall invoice Buyer for Gas delivered and received in the preceding Month and
for any other applicable charges, providing supporting documentation acceptable
in industry practice to support the amount charged. If the actual quantity delivered
is not known by the billing date, billing will be prepared based on the
quantity of Scheduled Gas. The invoiced quantity will then be adjusted to the
actual quantity on the following Month’s billing or as soon thereafter as
actual delivery information is available.


 


7.2.   Buyer
shall remit the amount due under Section 7.1 in the manner specified in
the Base Contract, in immediately available funds, on or before the later of
the Payment Date or 10 Days after receipt of the invoice by Buyer, provided that
if the Payment Date is not a Business Day, payment is due on the next Business
Day following that date. In the event any payments are due Buyer hereunder,
payment to Buyer shall be made in accordance with this Section 7.2.


 


7.3.   In
the event payments become due pursuant to Sections 3.2 or 3.3, the performing
party may submit an invoice to the nonperforming party for an accelerated
payment setting forth the basis upon which the invoiced amount was calculated.
Payment from the nonperforming party will be due five Business Days after
receipt of invoice.


 


7.4.   If
the invoiced party, in good faith, disputes the amount of any such invoice or
any part thereof, such invoiced party will pay such amount as it concedes to be
correct; provided, however, if the invoiced party disputes the amount due, it
must provide supporting documentation acceptable in industry practice to
support the amount paid or disputed. In the event the parties are unable to
resolve such dispute, either party may pursue any remedy available at law or in
equity to enforce its rights pursuant to this Section.


 


7.5.   If
the invoiced party fails to remit the full amount payable when due, interest on
the unpaid portion shall accrue from the date due until the date of payment at
a rate equal to the lower of (i) the then-effective prime rate of interest
published under “Money Rates” by The Wall Street Journal, plus two percent per
annum; or (ii) the maximum applicable lawful interest rate.


 


7.6.   A
party shall have the right, at its own expense, upon reasonable Notice and at
reasonable times, to examine and audit and to obtain copies of the relevant
portion of the books, records, and telephone recordings of the other party only
to the extent reasonably necessary to verify the accuracy of any statement,
charge, payment, or computation made under the Contract. This right to examine,
audit, and to obtain copies shall not be available with respect to proprietary
information not directly relevant to transactions under this Contract. All
invoices and billings shall be


 


5

















 


conclusively
presumed final and accurate and all associated claims for under- or
overpayments shall be deemed waived unless such invoices or billings are
objected to in writing, with adequate explanation and/or documentation, within
two years after the Month of Gas delivery. All retroactive adjustments under Section 7
shall be paid in full by the party owing payment within 30 Days of Notice and
substantiation of such inaccuracy.


 


7.7.   Unless
the parties have elected on the Base Contract not to make this Section 7.7
applicable to this Contract, the parties shall net all undisputed amounts due
and owing, and/or past due, arising under the Contract such that the party
owing the greater amount shall make a single payment of the net amount to the
other party in accordance with Section 7; provided that no payment
required to be made pursuant to the terms of any Credit Support Obligation or
pursuant to Section 7.3 shall be subject to netting under this Section. If
the parties have executed a separate netting agreement, the terms and
conditions therein shall prevail to the extent inconsistent herewith.


 


SECTION 8.  TITLE, WARRANTY, AND INDEMNITY


 


8.1.   Unless
otherwise specifically agreed, title to the Gas shall pass from Seller to Buyer
at the Delivery Point(s). Seller shall have responsibility for and assume any
liability with respect to the Gas prior to its delivery to Buyer at the
specified Delivery Point(s). Buyer shall have responsibility for and any
liability with respect to said Gas after its delivery to Buyer at the Delivery
Point(s).


 


8.2.   Seller
warrants that it will have the right to convey and will transfer good and
merchantable title to all Gas sold hereunder and delivered by it to Buyer, free
and clear of all liens, encumbrances, and claims. EXCEPT AS PROVIDED IN THIS SECTION 8.2
AND IN SECTION 14.8, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE, ARE
DISCLAIMED.


 


8.3.   Seller
agrees to indemnify Buyer and save it harmless from all losses, liabilities or
claims including reasonable attorneys’ fees and costs of court (“Claims”), from
any and all persons, arising from or out of claims of title, personal injury or
property damage from said Gas or other charges thereon which attach before
title passes to Buyer. Buyer agrees to indemnify Seller and save it harmless
from all Claims, from any and all persons, arising from or out of claims
regarding payment, personal injury or property damage from said Gas or other
charges thereon which attach after title passes to Buyer.


 


8.4.   Notwithstanding
the other provisions of this Section 8, as between Seller and Buyer,
Seller will be liable for all Claims to the extent that such arise from the
failure of Gas delivered by Seller to meet the quality requirements of Section 5.


 


SECTION 9.  NOTICES


 


9.1.   All
Transaction Confirmations, invoices, payments and other communications made
pursuant to the Base Contract (“Notices”) shall be made to the addresses
specified in writing by the respective parties from time to time.


 


9.2.   All
Notices required hereunder may be sent by facsimile or mutually acceptable
electronic means, a nationally recognized overnight courier service, first class
mail or hand delivered.


 


9.3.   Notice
shall be given when received on a Business Day by the addressee. In the absence
of proof of the actual receipt date, the following presumptions will apply.
Notices sent by facsimile shall be deemed to have been received upon the
sending party’s receipt of its facsimile machine’s confirmation of successful
transmission. If the day on which such facsimile is received is not a Business
Day or is after five p.m. on a Business Day, then such facsimile shall be
deemed to have been received on the next following Business Day. Notice by
overnight mail or courier shall be deemed to have been received on the next
Business Day after it was sent or such earlier time as is confirmed by the
receiving party. Notice via first class mail shall be considered delivered five
Business Days after mailing.


 


SECTION 10.           FINANCIAL
RESPONSIBILITY


 


10.1.   If
either party (“X”) has reasonable grounds for insecurity regarding the
performance of any obligation under this Contract (whether or not then due) by
the other party (“Y”) (including, without limitation, the occurrence of a
material change in the creditworthiness of Y), X may demand Adequate Assurance
of Performance. “Adequate Assurance of Performance” shall mean sufficient
security in the form, amount and for the term reasonably acceptable to X,
including, but not limited to, a standby irrevocable letter of credit, a
prepayment, a security interest in an asset or a performance bond or guaranty
(including the issuer of any such security).


 


10.2.   In
the event (each an “Event of Default”) either party (the “Defaulting Party”) or
its guarantor shall: (i) make an assignment or any general arrangement for
the benefit of creditors; (ii) file a petition or otherwise commence,
authorize, or acquiesce in the commencement of a proceeding or case under any
bankruptcy or similar law for the protection of creditors or have such petition
filed or proceeding commenced against it; (iii) otherwise become bankrupt
or insolvent (however evidenced); (iv) be unable to pay its debts as they
fall due; (v) have a receiver, provisional liquidator, conservator,
custodian, trustee or other similar official appointed with respect to it or
substantially all of its assets; (vi) fail to perform any obligation to
the other party with respect to any Credit Support Obligations relating to the
Contract; (vii) fail to give Adequate Assurance of Performance under Section 10.1
within 48 hours but at least one Business Day of a written request by the other
party, or (viii) not have paid any amount due the other party hereunder on
or before the second Business Day following written Notice that such payment is
due; then the other party (the “Non-Defaulting Party”) shall have the right, at
its sole election, to immediately withhold and/or suspend deliveries or
payments upon Notice and/or to terminate and liquidate the transactions under
the Contract, in the manner provided in Section 10.3, in addition to any
and all other remedies available hereunder.


 


10.3.   If
an Event of Default has occurred and is continuing, the Non-Defaulting Party
shall have the right, by Notice to the Defaulting Party, to designate a Day, no
earlier than the Day such Notice is given and no later than 20 Days after such
Notice is given, as an early


 


6

















 


termination
date (the “Early Termination Date”) for the liquidation and termination
pursuant to Section 10.3.1 of all transactions under the Contract, each a “Terminated
Transaction”. On the Early Termination Date, all transactions will terminate,
other than those transactions, if any, that may not be liquidated and
terminated under applicable law or that are, in the reasonable opinion of the
Non- Defaulting Party, commercially impracticable to liquidate and terminate (“Excluded
Transactions”), which Excluded Transactions must be liquidated and terminated
as soon thereafter as is reasonably practicable, and upon termination shall be
a Terminated Transaction and be valued consistent with Section 10.3.1
below. With respect to each Excluded Transaction, its actual termination date
shall be the Early Termination Date for purposes of Section 10.3.1.


 


The parties have selected either “Early Termination Damages
Apply” or “Early Termination Damages Do Not Apply” as indicated on the Base
Contract.


 


Early Termination Damages Apply:


 


10.3.1.   As of the Early Termination Date, the
Non-Defaulting Party shall determine, in good faith and in a commercially
reasonable manner, (i) the amount owed (whether or not then due) by each
party with respect to all Gas delivered and received between the parties under
Terminated Transactions and Excluded Transactions on and before the Early
Termination Date and all other applicable charges relating to such deliveries
and receipts (including without limitation any amounts owed under Section 3.2),
for which payment has not yet been made by the party that owes such payment
under this Contract and (ii) the Market Value, as defined below, of each
Terminated Transaction. The Non-Defaulting Party shall (x) liquidate and
accelerate each Terminated Transaction at its Market Value, so that each amount
equal to the difference between such Market Value and the Contract Value, as
defined below, of such Terminated Transaction(s) shall be due to the Buyer
under the Terminated Transaction(s) if such Market Value exceeds the
Contract Value and to the Seller if the opposite is the case; and (y) where
appropriate, discount each amount then due under clause (x) above to
present value in a commercially reasonable manner as of the Early Termination
Date (to take account of the period between the date of liquidation and the
date on which such amount would have otherwise been due pursuant to the
relevant Terminated Transactions).


 


For
purposes of this Section 10.3.1, “Contract Value” means the amount of Gas
remaining to be delivered or purchased under a transaction multiplied by the
Contract Price, and “Market Value” means the amount of Gas remaining to be
delivered or purchased under a transaction multiplied by the market price for a  similar transaction at the Delivery Point
determined by the Non-Defaulting Party in a commercially reasonable manner. To
ascertain the Market Value, the Non-Defaulting Party may consider, among other
valuations, any or all of the settlement prices of NYMEX Gas futures contracts,
quotations from leading dealers in energy swap contracts or physical gas
trading markets, similar sales or purchases and any other bona fide third-party
offers, all adjusted for the length of the term and differences in transportation
costs. A party shall not be required to enter into a replacement transaction(s) in
order to determine the Market Value. Any extension(s) of the term of a
transaction to which parties are not bound as of the Early Termination Date
(including but not limited to “evergreen provisions”) shall not be considered
in determining Contract Values and Market Values. For the avoidance of doubt,
any option pursuant to which one party has the right to extend the term of a
transaction shall be considered in determining Contract Values and Market
Values. The rate of interest used in calculating net present value shall be
determined by the Non-Defaulting Party in a commercially reasonable manner.


 


Early Termination Damages Do Not Apply:


 


10.3.1.   As of the Early Termination Date, the
Non-Defaulting Party shall determine, in good faith and in a commercially
reasonable manner, the amount owed (whether or not then due) by each party with
respect to all Gas delivered and received between the parties under Terminated
Transactions and Excluded Transactions on and before the Early Termination Date
and all other applicable charges relating to such deliveries and receipts
(including without limitation any amounts owed under Section 3.2), for
which payment has not yet been made by the party that owes such payment under
this Contract.


 


The parties have selected either “Other Agreement Setoffs
Apply” or “Other Agreement Setoffs Do Not Apply” as indicated on the Base
Contract


 


Other Agreement Setoffs Apply:


 


10.3.2.   The Non-Defaulting Party shall net or
aggregate, as appropriate, any and all amounts owing between the parties under Section 10.3.1,
so that all such amounts are netted or aggregated to a single liquidated amount
payable by one party to the other (the “Net Settlement Amount”). At its sole
option and without prior Notice to the Defaulting Party, the Non-Defaulting
Party may setoff (i) any Net Settlement Amount owed to the Non-Defaulting
Party against any margin or other collateral held by it in connection with any
Credit Support Obligation relating to the Contract; or (ii) any Net
Settlement Amount payable to the Defaulting Party against any amount(s) payable
by the Defaulting Party to the Non-Defaulting Party under any other agreement
or arrangement between the parties.


 


Other Agreement Setoffs Do Not Apply:


 


10.3.2.   The Non-Defaulting Party shall net or
aggregate, as appropriate, any and all amounts owing between the parties under Section 10.3.1,
so that all such amounts are netted or aggregated to a single liquidated amount
payable by one party to the other (the “Net Settlement Amount”). At its sole
option and without prior Notice to the Defaulting Party, the Non-Defaulting
Party may setoff any Net Settlement Amount owed to the Non-Defaulting Party
against any margin or other collateral held by it in connection with any Credit
Support Obligation relating to the Contract.


 


10.3.3.   If any obligation that is to be included in any
netting, aggregation or setoff pursuant to Section 10.3.2 is
unascertained, the Non-Defaulting Party may in good faith estimate that
obligation and net, aggregate or setoff, as applicable, in respect of the
estimate, subject to the Non-Defaulting Party accounting to the Defaulting
Party when the obligation is ascertained. Any amount not


 


7

















 


then
due which is included in any netting, aggregation or setoff pursuant to Section 10.3.2
shall be discounted to net present value in a commercially reasonable manner
determined by the Non-Defaulting Party.


 


10.4.   As
soon as practicable after a liquidation, Notice shall be given by the
Non-Defaulting Party to the Defaulting Party of the Net Settlement Amount, and
whether the Net Settlement Amount is due to or due from the Non-Defaulting
Party. The Notice shall include a written statement explaining in reasonable
detail the calculation of such amount, provided that failure to give such
Notice shall not affect the validity or enforceability of the liquidation or
give rise to any claim by the Defaulting Party against the Non-Defaulting
Party. The Net Settlement Amount shall be paid by the close of business on the
second Business Day following such Notice, which date shall not be earlier than
the Early Termination Date. Interest on any unpaid portion of the Net Settlement
Amount shall accrue from the date due until the date of payment at a rate equal
to the lower of (i) the then-effective prime rate of interest published
under “Money Rates” by The Wall Street Journal, plus two percent per annum; or (ii) the
maximum applicable lawful interest rate.


 


10.5.   The
parties agree that the transactions hereunder constitute a “forward contract”
within the meaning of the United States Bankruptcy Code and that Buyer and
Seller are each “forward contract merchants” within the meaning of the United
States Bankruptcy Code.


 


10.6.   The
Non-Defaulting Party’s remedies under this Section 10 are the sole and
exclusive remedies of the Non-Defaulting Party with respect to the occurrence
of any Early Termination Date. Each party reserves to itself all other rights,
setoffs, counterclaims and other defenses that it is or may be entitled to
arising from the Contract.


 


10.7.   With
respect to this Section 10, if the parties have executed a separate
netting agreement with close-out netting provisions, the terms and conditions
therein shall prevail to the extent inconsistent herewith.


 


SECTION 11.           FORCE
MAJEURE


 


11.1.   Except
with regard to a party’s obligation to make payment(s) due under Section 7,
Section 10.4, and Imbalance Charges under Section 4, neither party
shall be liable to the other for failure to perform a Firm obligation, to the
extent such failure was caused by Force Majeure. The term “Force Majeure” as
employed herein means any cause not reasonably within the control of the party
claiming suspension, as further defined in Section 11.2.


 


11.2.   Force
Majeure shall include, but not be limited to, the following: (i) physical
events such as acts of God, landslides, lightning, earthquakes, fires, storms
or storm warnings, such as hurricanes, which result in evacuation of the
affected area, floods, washouts, explosions, breakage or accident or necessity
of repairs to machinery or equipment or lines of pipe; (ii) weather
related events affecting an entire geographic region, such as low temperatures
which cause freezing or failure of wells or lines of pipe; (iii) interruption
and/or curtailment of Firm transportation and/or storage by Transporters; (iv) acts
of others such as strikes, lockouts or other industrial disturbances, riots, sabotage,
insurrections or wars; and (v) governmental actions such as necessity for
compliance with any court order, law, statute, ordinance, regulation; or policy
having the effect of law promulgated by a governmental authority having
jurisdiction. Seller and Buyer shall make reasonable efforts to avoid the
adverse impacts of a Force Majeure and to resolve the event or occurrence once
it has occurred in order to resume performance.


 


11.3.   Neither
party shall be entitled to the benefit of the provisions of Force Majeure to
the extent performance is affected by any or all of the following
circumstances: (i) the curtailment of interruptible or secondary Firm
transportation unless primary, in-path, Firm transportation is also curtailed; (ii) the
party claiming excuse failed to remedy the condition and to resume the
performance of such covenants or obligations with reasonable dispatch; or (iii) economic
hardship, to include, without limitation, Seller’s ability to sell Gas at a
higher or more advantageous price than the Contract Price, Buyer’s ability to
purchase Gas at a lower or more advantageous price than the Contract Price, or
a regulatory agency disallowing, in whole or in part, the pass through of costs
resulting from this Agreement’ (iv) the loss of Buyer’s market(s) or
Buyer’s inability to use or resell Gas purchased hereunder, except, in either
case, as provided in Section 11.2; or (v) the loss or failure of
Seller’s gas supply or depletion of reserves, except, in either case, as
provided in Section 11.2. The party claiming Force Majeure shall not be
excused from its responsibility for Imbalance Charges.


 


11.4.   Notwithstanding
anything to the contrary herein, the parties agree that the settlement of
strikes, lockouts or other industrial disturbances shall be within the sole
discretion of the party experiencing such disturbance.


 


11.5.   The
party whose performance is prevented by Force Majeure must provide Notice to
the other party. Initial Notice may be given orally; however, written Notice
with reasonably full particulars of the event or occurrence is required as soon
as reasonably possible. Upon providing written Notice of Force Majeure to the
other party, the affected party will be relieved of its obligation, from the
onset of the Force Majeure event, to make or accept delivery of Gas, as
applicable, to the extent and for the duration of Force Majeure, and neither
party shall be deemed to have failed in such obligations to the other during
such occurrence or event.


 


11.6.   Notwithstanding
Sections 11.2 and 11.3, the parties may agree to alternative Force Majeure
provisions in a Transaction Confirmation executed in writing by both parties.


 


SECTION 12.           TERM


 


This
Contract may be terminated on 30 Day’s written Notice, but shall remain in
effect until the expiration of the latest Delivery Period of any
transaction(s). The rights of either party pursuant to Section 7.6 and Section 10,
the obligations to make payment hereunder, and the obligation of either party
to indemnify the other, pursuant hereto shall survive the termination of the
Base Contract or any transaction.


 


8

















 


SECTION 13.           LIMITATIONS


 


FOR BREACH OF ANY
PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH
EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY. A
PARTY’S LIABILITY HEREUNDER SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION,
AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY
OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN OR IN A TRANSACTION, A PARTY’S
LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY. SUCH DIRECT ACTUAL
DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR
DAMAGES AT LAW OR IN EQUITY ARE WAIVED. UNLESS EXPRESSLY HEREIN PROVIDED,
NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE,
EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION
DAMAGES, BY STATUTE, IN TORT OR CONTRACT. UNDER ANY INDEMNITY PROVISION OR
OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED
ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES
RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE
BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES
REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE
DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR OTHERWISE OBTAINING AN
ADEQUATE REMEDY IS INCONVENIENT AND THE DAMAGES CALCULATED HEREUNDER CONSTITUTE
A RESONABLE APPROXIMATIION OF THE HARM OR LOSS.


 


SECTION 14.            MISCELLANEOUS


 


14.1.   This Contract shall
be binding upon and inure to the benefit of the successors, assigns, personal
representatives, and heirs of the respective parties hereto, and the covenants,
conditions, rights and obligations of this Contract shall run for the full term
of this Contract. No assignment of this Contract, in whole or in part, will be
made without the prior written consent of the non-assigning party (and shall
not relieve the assigning party from liability hereunder), which consent will
not be unreasonably withheld or delayed; provided, either party may (i) transfer,
sell, pledge, encumber, or assign this Contract or the accounts, revenues, or
proceeds hereof in connection with any financing or other financial
arrangements, or (ii) transfer its interest to any parent or affiliate by
assignment, merger or otherwise without the prior approval of the other party.
Upon any such assignment, transfer and assumption, the transferor shall remain
principally liable for and shall not be relieved of or discharged from any
obligations hereunder.


 


14.2.   If any provision in
this Contract is determined to be invalid, void or unenforceable by any court
having jurisdiction, such determination shall not invalidate, void, or make
unenforceable any other provision, agreement or covenant of this Contract.


 


14.3.   No waiver of any
breach of this Contract shall be held to be a waiver of any other or subsequent
breach.


 


14.4.   This Contract sets
forth all understandings between the parties respecting each transaction
subject hereto, and any prior contracts, understandings and representations,
whether oral or written, relating to such transactions are merged into and
superseded by this Contract and any effective transaction(s). This Contract may
be amended only by a writing executed by both parties.


 


14.5.   The interpretation
and performance of this Contract shall be governed by the laws of the
jurisdiction as indicated on the Base Contract, excluding, however, any
conflict of laws rule which would apply the law of another jurisdiction.


 


14.6.   This Contract and all
provisions herein will be subject to all applicable and valid statutes, rules,
orders and regulations of any governmental authority having jurisdiction over
the parties, their facilities, or Gas supply, this Contract or transaction or
any provisions thereof.


 


14.7.   There is no third
party beneficiary to this Contract


 


14.8.   Each party to this
Contract represents and warrants that it has full and complete authority to
enter into and perform this Contract. Each person who executes this Contract on
behalf of either party represents and warrants that it has full and complete
authority to do so and that such party will be bound thereby.


 


14.9.   The headings and
subheadings contained in this Contract are used solely for convenience and do
not constitute a part of this Contract between the parties and shall not be
used to construe or interpret the provisions of this Contract.


 


14.10.   Unless the parties
have elected on the Base Contract not to make this Section 14.10
applicable to this Contract, neither party shall disclose directly or
indirectly without the prior written consent of the other party the terms of
any transaction to a third party (other than the employees, lenders, royalty
owners, counsel, accountants and other agents of the party, or prospective
purchasers of all or substantially all of a party’s assets or of any rights
under this Contract, provided such persons shall have agreed to keep such terms
confidential) except (i) in order to comply with any applicable law,
order, regulation, or exchange rule, (ii) to the extent necessary for the
enforcement of this Contract, (iii) to the extent necessary to implement
any transaction, or (iv) to the extent such information is delivered to
such third party for the sole purpose of calculating a published index. Each
party shall notify the other party of any proceeding of which it is aware which
may result in disclosure of the terms of any transaction (other than as
permitted hereunder) and use reasonable efforts to prevent or limit the
disclosure. The existence of this Contract is not subject to this
confidentiality obligation. Subject to Section 13, the parties shall be
entitled to all remedies available at law or in equity to enforce, or seek
relief in connection with this confidentiality obligation. The terms of any
transaction hereunder shall be kept confidential by the parties hereto for one
year from the expiration of the transaction.


 


In the event that
disclosure is required by a governmental body or applicable law, the party
subject to such requirement may disclose the material terms of this Contract to
the extent so required, but shall promptly notify the other party, prior to
disclosure, and shall cooperate (consistent with the disclosing party’s legal
obligations) with the other party’s efforts to obtain protective orders or
similar restraints with respect to such disclosure at the expense of the other
party.


 


14.11   The parties may agree
to dispute resolution procedures in Special Provisions attached to the Base
Contract or in a Transaction Confirmation executed in writing by both parties.


 


9

















 


DISCLAIMER: The purposes
of this Contract are to facilitate trade, avoid misunderstandings and make more
definite the terms of contracts of purchase and sale of natural gas. Further,
NAESB does not mandate the use of this Contract by any party. NAESB DISCLAIMS
AND EXCLUDES, AND ANY USER OF THIS CONTRACT ACKNOWLEDGES AND AGREES TO NAESB’S
DISCLAIMER OF, ANY AND ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS
OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THIS CONTRACT OR ANY PART THEREOF,
INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR ANY PARTICULAR
PURPOSE (WHETHER OR NOT NAESB KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR
IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY
LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. EACH
USER OF THIS CONTRACT ALSO AGREES THAT UNDER NO CURCUMSTANCES WILL NAESB BE
LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL EXEMPLARY, PUNITIVE OR CONSEQUENTIAL
DAMAGES ARISING OUT OF ANY USE OF THIS CONTRACT.


 


10
















 




	
   

  	
   

  	
  TRANSACTION CONFIRMATION

  	
   

  	
  EXHIBIT A

  
	
   

  	
   

  	
  FOR IMMEDIATE DELIVERY

  	
   

  	
   

  






 


	
  EQUITABLE

  	
   

  	
  Date:

  
	
  ENERGY LLC

  	
   

  	
   Transaction
  Confirmation #:

  



 


This Transaction
Confirmation is subject to the Base Contract between Seller and Buyer dated
                                  .
The terms of this Transaction Confirmation are binding on the parties unless
otherwise specified in the Base Contract.


 


	
  SELLER:

  	
   

  	
  BUYER:

  
	
  Equitable Production Company

  	
   

  	
  Equitable Energy, LLC

  
	
  225 North Shore Drive. 4th Floor

  	
   

  	
  225 North Shore Drive, 4th Floor

  
	
  Pittsburgh, PA 152,12-5861

  	
   

  	
  Pittsburgh, PA 15212-5861

  
	
  Attn:

  	
   

  	
  Attn:

  
	
  Phone:

  	
   

  	
  Phone:

  
	
  Fax:

  	
   

  	
  Fax:

  
	
  Base Contract No.

  	
   

  	
  Base Contract No.

  
	
  Transporter:

  	
   

  	
  Transporter:

  
	
  Transporter Contract Number:

  	
   

  	
  Transporter Contract Number:

  



 


Contract
Price: Buyer will pay Seller the actual weighted average
sales price received, per MMBtu, for gas sold by Buyer at any point on the
pipeline of East Tennessee Natural Gas Company (“East Tennessee”), or at any
other Designated Points (as hereinafter defined) (collectively with East
Tennessee, the “Downstream Systems”), less:


 


(i)                       the
gathering rate(s) incurred by Buyer in delivering Seller’s gas to the
Downstream Systems as provided in that certain Gas Gathering Agreement of even
date herewith between Nora Gathering, LLC (“Nora”) and Buyer (the “Gas
Gathering Agreement”), excluding any penalties or fees that are incurred by
Buyer on account of Buyer’s non-compliance under such agreement (other than on
account of gas failing to meet quality specifications); and,


 


(ii)                    if applicable
and attributable to the gas purchased hereunder, (a) the one hundred
percent (100%) load factor reservation charges, (b) the usage charges and (c) all
surcharges, applicable to transportation service on the Downstream Systems, as
such charges and surcharges may change from time-to-time; and,


 


(iii)                 five cents
($0.05) per MMBtu.


 


The term “Designated
Points” shall mean (a) in the event of any Curtailment (as hereinafter
defined), any point of delivery to a third party by Buyer of the gas purchased
hereunder, as such point of delivery is specified by Buyer, and (b) any
point of delivery to a third party by Buyer of the gas purchased hereunder, as
such point of delivery is approved in advance by Seller. The term “Curtailment”
means any constraint, operational or otherwise outside of the reasonable
control of Nora on the gathering system covered by the Gas Gathering Agreement
or any pipeline system interconnected with the such gathering system that
limits, in whole or in part, the amount of gas that Nora is able to receive,
transport or deliver on all or part of such gathering system.


 


In the event that Buyer
has idle transportation capacity on any Downstream System that is not sold or
otherwise used and Buyer is responsible for charges under an approved Downstream
Transportation Contract (as hereinafter defined) for such idle transportation
capacity, then Seller shall reimburse Buyer for all charges actually incurred
for such idle transportation capacity on such Downstream System.


 


At least five (5) days
prior to the last business day of each month, prior to the month of natural gas
production, Seller shall nominate a total daily volume for the upcoming month.
Buyer shall manage any imbalances created under this agreement with Nora and
any Downstream System.


 


Delivery
Period: This Transaction Confirmation shall become effective
on             
2007 (“Effective Date”), regardless of when executed, and remain in effect for
an initial term of ten (10) years (the “Initial Term”). Unless terminated
upon at least sixty (60) days’ advance written notice by either party prior to
the end of the Initial Term, or any extension thereof, this Transaction
Confirmation shall automatically renew for successive additional one-year
terms; provided, however, that this Agreement shall be subject to earlier
termination as of the date the Gas Gathering Agreement expires or is
terminated; and provided, further, that this Transaction Confirmation may be
terminated by Seller with respect to deliveries of gas by Seller on its own
behalf, Pine Mountain Oil and Gas, Inc. (“Pine Mountain”), or both upon at
least sixty (60) days’ advance written notice by Seller to Buyer on any
anniversary of the Effective Date. The obligations to make payment hereunder
and the obligation of either party to indemnify the other pursuant hereto shall
survive the termination of this Agreement.


 


During the term of this
Transaction Confirmation, with respect to deliveries of gas hereunder by
Seller, Buyer may request Seller’s approval, on behalf of Seller and Pine Mountain,
for Buyer to (i) enter into transportation capacity contracts with
Downstream


 


11

















 


Systems with respect to
gas deliveries by Seller hereunder (with respect to such gas deliveries, the
“Downstream Transportation Contracts”); (ii) enter into fixed-term gas
sales arrangements, without regard to whether pricing is fixed or floating,
with respect to gas deliveries by Seller hereunder (with respect to such gas
deliveries, the “Term Gas Sales Contracts”), and (iii) enter into hedges,
swaps and financially settled options with respect to gas deliveries by Seller
hereunder for the sole purpose of unwinding the fixed-price nature of any
corresponding Term Gas Sales Contracts (with respect to such gas deliveries,
collectively “Financial Derivatives”).


 


In the event that Buyer
enters into any Term Gas Sales Contracts or Financial Derivatives with respect
to deliveries of gas hereunder that has a term that expires on or before the
next anniversary date of the Effective Date (each, a “Short-Term Transaction”),
Seller shall be deemed, on its behalf and on behalf of Pine Mountain, to have
provided its approval of each of such Short-Term Transactions.


 


Buyer shall not enter
into any Downstream Transportation Contracts (except for any Downstream
Transportation Contract for a term of ninety (90) days or less and that expires
on or before the next anniversary date of the Effective Date if Buyer enters
into such contract because of a Curtailment under an existing Downstream
Transportation Contract, which short term Downstream Transportation Contract
shall be deemed approved by Seller on its own behalf and on behalf of Pine
Mountain) or, to the extent that any such Term Gas Sales Contract or Financial
Derivative has a term that would extend beyond the next anniversary of the
Effective Date, any Term Gas Sales Contracts or Financial Derivatives (each, a
“Subject Transaction”), without receiving prior written approval from Seller,
on its behalf and/or on behalf of Pine Mountain. In the event that Buyer is
considering entering into any Subject Transaction, then Buyer shall provide to
Seller notice of the anticipated terms of such Subject Transaction as soon as
is reasonably practicable. If Buyer thereafter desires to enter into such
Subject Transaction, Buyer shall provide Seller a written summary containing
the commercial terms of the proposed Subject Transaction. Within twenty-four
(24) hours of receiving such summary from Buyer, Seller, on its own behalf and
on behalf of Pine Mountain, shall provide Buyer written acceptance or rejection
on behalf of each of Seller and Pine Mountain of the proposed Subject
Transaction. Seller’s failure to provide a written response to Buyer shall be
deemed as consent for Buyer to enter into the Subject Transaction with respect
to both deliveries of its and Pine Mountain’s gas hereunder. Seller hereby
accepts the existing Subject Transactions set forth on Schedule A to this
Transaction Confirmation.


 


In the event that Seller,
on behalf of itself, Pine Mountain or both, terminates this Transaction
Confirmation as to deliveries of its, Pine Mountain’s or both of such parties’
gas (each party whose gas deliveries have been terminated, a “terminating
party”) and Buyer has entered into Short Term Transactions and/or Subject
Transactions in effect as of the date of such termination with respect to such
gas, then the rights and obligations under any such transactions entered into
by Buyer shall survive termination of the Transaction Confirmation as to such
gas deliveries and shall be managed in the following manner.


 


(A)                In the case of
approved Downstream Transportation Contracts, each terminating party shall be
assigned its proportionate share (based upon the deliveries of gas attributable
to such terminating party prior to such termination) of the transportation
capacity held by Buyer. Following such release or assignment, Buyer shall have
no further rights, duties or obligations with respect to such transportation
capacity assigned under such Downstream Transportation Contracts.


 


(B)                  In the case of
approved Term Gas Sales Contracts, Buyer shall assign to each terminating party
its proportionate share (based upon the deliveries of gas attributable to such
terminating party prior to such termination) of the rights and obligations
under such Term Gas Sales Contracts (such that the rights and obligations under
the Term Gas Sales Contracts as to the such gas deliveries remain in full force
and effect until such time as the Term Gas Sales Contracts expire according to
their terms). Following such assignment, Buyer shall have no further rights,
duties or obligations with respect to the rights and obligations assigned under
the Term Gas Sales Contracts.


 


(C)                  In the case of
approved Financial Derivatives, the terminating party’s proportionate share
(based upon the deliveries of gas attributable to such terminating party prior
to such termination) of such Financial Derivatives shall be financially settled
by Buyer, pursuant to their terms, and the terminating party(ies) shall each
remit to Buyer the net payment obligations due and owing under such Financial
Derivatives transaction(s) in proportion the gas deliveries made by such
party(ies) prior to the termination, including any liquidated damages, interest
and payments or credits owing to the counterparty with which Buyer entered into
the Financial Derivatives transaction(s) on account of such settlement.


 


Performance
Obligation and Contract Quantity:
Buyer acknowledges that the gas delivered by Seller hereunder is gas owned by
Seller and/or Pine Mountain and Seller is marketing Pine Mountain’s share of
such gas for Pine Mountain pursuant to Article XVI.J. of that certain
Operating Agreement of even date herewith between Seller and Pine Mountain.
Buyer will purchase all of the gas delivered by Seller at the Delivery
Point(s), on a firm basis, less (i) the actual gathering retainage
incurred by Buyer in delivering Seller’s gas to the Downstream Systems pursuant
to the Gas Gathering Agreement, and (ii) the actual transportation
retainage incurred by Buyer associated with transporting Seller’s gas on the
Downstream Systems.


 


12

















 


Delivery
Point(s): Inlet flange of each meter at each interconnect
facility between Seller’s or Pine Mountain’s wells (now or hereafter existing)
and Nora’s gathering lines, including all those gathering lines located within
the Nora Field in Virginia and including those gathering lines which gather
natural gas owned and delivered by Seller or others in the Nora Field
immediately prior the Effective Date, and any other points as specified by
Seller from time to time.


 


Special
Conditions: See Special Provisions to the NAESB Base Contract
for Sale and Purchase of Natural Gas.


 


	
  Seller:

  	
   

  	
   

  	
  Buyer:

  	
   

  
	
  By:

  	
   

  	
   

  	
  By:

  	
   

  
	
  Title:

  	
   

  	
   

  	
  Title:

  	
   

  
	
  Date:

  	
   

  	
   

  	
  Date:

  	
   

  



 


13

















 


Special
Provisions to the NAESB Base Contract

for Sale and Purchase of Natural Gas


 


Equitable Energy,
LLC and Equitable Production Company (collectively “Parties”) hereby agree to
the following Special Provisions to the NAESB Base Contract for Sale and
Purchase of Natural Gas (including the General Terms and Conditions) executed
by the Parties on May       , 2007. If the
terms of these Special Provisions and the other terms of the Base Contract
(including the General Terms and Conditions) conflict, the terms of these
Special Provisions shall govern. Capitalized terms used in these Special
Provisions shall have the meanings ascribed to them in the Base Contract.
Sections referenced in these Special Provisions refer to the corresponding
Sections of the General Terms and Conditions of the Base Contract, unless
stated otherwise.


 


1.                         In Section 2.17
insert “under Section 11.3” after
the words “the party invoking Force Majeure” on the second line and before the
words “may be responsible” on the third line.


 


2.                         Add the
following to the end of Section 3.4: “In
the absence of a written agreement to the contrary, a party’s failure to
deliver or receive Gas, unless prevented by Force Majeure, in any one
transaction shall constitute an Event of Default and the Non-Defaulting Party
shall have the right at its sole election to immediately withhold and/or
suspend deliveries or payments upon Notice in the manner provided in Section 10.3
in addition to any and all other remedies that may be available at law or in
equity.”


 


3.                         In Section 7.6,
insert “(which right shall not be exercised
by a party more than once within any twelve month period)” after the
words “A party shall have the right” and before the words “at its own expense”
in the first sentence of such Section.


 


4.                         In Section 10.3
insert “except in the case of an Event of
Default described in Section 10.2 (i) through (v), in which case no
Notice shall be required,” after the word “Notice” on the first
line.


 


5.                         Section 10
sets forth the entirety of the agreement of the Parties regarding credit,
collateral and adequate assurances, and all implied rights relating to
financial assurances arising from Section 2-609 of the Uniform Commercial
Code or case law applying similar doctrines, are hereby waived.


 


6.                         In Section 11.1
delete the first sentence in its entirety and replace with the following: “Except with regard to a party’s obligation to make
payment(s) due under Section 7 and Section 10.4, neither party
shall be liable to the other for failure to perform a Firm obligation, to the
extent such failure was caused by Force Majeure.”


 


7.                        Add
the following to the end of Section 11.2: “The
party claiming Force Majeure hereunder shall not be liable for Imbalance
Charges.”


 


8.                         In Section 11.3
insert “hereunder” after the
words “The party claiming Force Majeure” and. before the words “shall not be
excused” in the last sentence.


 


9.                         In Section 14.7
insert “provided, however, that Pine
Mountain Oil and Gas, Inc. shall be a third party beneficiary of all of
Seller’s rights hereunder” at the end of the sentence in this Section .


 


10.                   In Section 14,
add as a new Section 14.12 “Buyer
warrants that all gas purchased from Seller will be resold by Buyer into the
stream of commerce to entities that are not related persons (within the meaning
of Section 613A(d)(3) of the Internal Revenue Code) of Seller or
Buyer. Buyer further warranties that it will have no agreements, either express
or implied, with its unrelated purchasers of such gas whereby oil or gas is
sold to or made available for acquisition by any related persons of Seller or
Buyer. Buyer represents that it will have no knowledge or control over what
happens to the gas purchased after resale thereof to the unrelated parties.”


 


14

















 


11.                   Upon request by
Seller, to the extent that the Buyer has the right to do so under the Gas
Gathering Agreement. Buyer shall exercise, to the fullest extent permitted, the
audit and examination rights of Buyer under the Gas Gathering Agreement. Buyer
shall provide to Seller all information obtained in connection with the
exercise of such audit rights by it.


 


IN
WITNESS WHEREOF, the Parties have executed these Special
Provisions to supplement and, where applicable, to modify and supersede the
Base Contract by and between the Parties.


 


 


	
  Equitable Energy, LLC

  	
   

  	
  Equitable Production Company

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  By:

  	
   

  	
   

  	
  By:

  	
   

  
	
  Name:

  	
  Frank R. Kronz, Jr.

  	
   

  	
  Name:

  	
   

  
	
  Title:

  	
  Director Corporate Risk Management

  	
   

  	
  Title:

  	
   

  



 


15

















 


SCHEDULE A


TRANSACTION CONFIRMATION —

EXISTING SHORT TERM AND LONG TERM TRANSACTIONS


 


Transport
Agreements*


1.)           3/1/1999 Interruptible
Transportation Agreement between Equitable Energy, LLC and East Tennessee
Natural Gas Company


2.)           11/1/2005 Firm
Transportation Agreement between Equitable Production Company and East
Tennessee Natural Gas


3.)           11/30/2006 Firm
Transportation Agreement between Equitable Production Company and East
Tennessee Natural Gas


4.)           Firm Transportation
Agreement between Equitable Production Company and East Tennessee Natural Gas
(Precedent Agreement)


 


Marketing
Term Gas Contracts*


1)              Middle TN Natural
Gas: 11/1/04-10/31/07; NYMEX Flat; Winter Volume 7,159/day $7.00/dth/demand;
Summer Volume 5,080/day $4.00/dth/demand; 1,000 March triggered @ $7.72;
2,000 March triggered @ $7,512; 2,000 March triggered @ $6,888; 2,000
April triggered @ $6,935


2)              Middle TN Natural
Gas: 11/1/07-10/31/10; NYMEX flat; Winter Volume 7,159/day $6.75/dth/demand;
Summer Volume 5,080/day $3.50/dth/demand; trigger rights


3)              Knoxville Utility
Board: 11/1/06-10/31/09; NYMEX +$.235; 5,080/day 2,000 11/1/06-10/31/07
triggered @ $8.13


4)              Powell Clinch:
5/1/06-10/31/08; NYMEX +$.20; 3,000/day; trigger rights


5)              Sequent Energy:
11/1/05-3/31/08; 5,010/day; Winter Price is NYMEX +$.28; Summer Price is NYMEX
+$.09


6)              Atmos Energy
Marketing: 11/1/05-10/31/10; NYMEX + .12; 25,000/day


7)              Jefferson Cocke:
11/1/06-10/31/09; NYMEX + .285; Winter Volume 3,117/day; Summer Volume
1,117/day; trigger rights


8)              Sevier County:
11/1/06-10/31/07; NYMEX + .25; 1,023/day; trigger rights


9)              Hess Energy EM:
11/1/06-10/31/07; NYMEX + .575; 5,000/day; Cascade Creek


10)        Virginia Power EM:
4/1/07-10/31/07; NYMEX + .27; 5,000/day; Cascade Creek


11)        BP Energy:
4/1/07-10/31/07; NYMEX + .28; 5,000/day; Cascade Creek


12)        Hess Energy EM:
4/1/07-10/31/07; NYMEX + .42; 10,000/day; Cascade Creek


13)        Atmos Energy Marketing:
4/1/07-10/31/07; NYMEX + .06; 10,000/day


14)        Eagle Energy:
4/1/07-10/31/07; NYMEX + .08; 5,000/day


15)        BP Energy:
4/1/07-10/31/07; NYMEX + .35; 5,000/day; Cascade Creek


16)        Sequent Energy:
4/1/07-10/31/07; NYMEX + .14; 5,000/day


17)        Constellation New Energy:
4/1/07-4/30/07; NYMEX + .10; 1,500/day


18)        Eagle Energy:
4/1/07-4/30/07; NYMEX + .07; 4,000/day


 


1

















 


Derivatives
associated with the term gas contracts above*


1.)           Middle Tennessee
(expires 10/31/07; 5,080/day)


2.)           Knoxville Utility Board


3.)           Derivatives (to be
executed) associated with triggers related to term gas contracts above


 


Operational
Balancing Agreement*  with East Tennessee Natural Gas
(Contract Number 28222)


 






*  As such
contracts are proportionally related to the sale of gas production from the
Nora Field.


 


2

















 


EXHIBIT I


 


[INTENTIONALLY OMITTED]


 

















 


EXHIBIT J


 


[INTENTIONALLY OMITTED]


 

















 


EXHIBIT K


 


NORA-T LINE


 


[Attached behind this page.]


 

















 


MAP


Exhibit K
- Nora T-Line 

Dickenson and Wise Counties, Virginia


 

















 


EXHIBIT L


 


FORM OF CHANGE OF CONTROL
AGREEMENT


 


[Attached behind this page.]


 
















 


Equitable Production Company

Equitable Gathering Equity, LLC

225 North Shore Drive

Pittsburgh, PA 15212-5861


 


, 2007


 


Pine Mountain Oil and Gas, Inc.

777 Main Street, Suite 800

Fort Worth, Texas 76102

Attention: Chad Stephens


 


Re:      Nora Field Change in Control
Agreement


 


Gentlemen:


 


Reference is made
to the Operating Agreement (the “Operating Agreement”) dated of even
date herewith, between Equitable Production Company (“EPC”) and Pine
Mountain Oil and Gas, Inc. (“PMOG”) and the Amended and Restated
Limited Liability Company Agreement (the “LLC Agreement”) of Nora
Gathering, LLC (the “Company”), dated of even date herewith. Each of
EPC, Equitable Gathering Equity, LLC, a Delaware limited liability company (“EGEL”)
and PMOG are referred to herein, individually, as a “Party” and, together, as
the “Parties.” For the purposes of clarification, “other Party” refers to PMOG
when EPC or EGEL is the applicable Party and to EPC (in the context of the
Operating Agreement) and EGEL (in the context of the LLC Agreement) when PMOG
is the applicable Party. Capitalized terms used but not defined herein have the
respective meanings assigned to such terms in the Operating Agreement or, if
not defined in the Operating Agreement, in the LLC Agreement.


 


This letter
agreement (this “Agreement”) is being entered into in connection with
the closing of the respective transactions under the Operating Agreement, the
LLC Agreement and the other documents executed in connection therewith. During
the term hereof, this Agreement shall govern Transfers by the Parties and
rights of the Parties upon a Change in Control in lieu of Section 6.5 of
the LLC Agreement and Article XVI.G. of the Operating Agreement. For the
avoidance of doubt, any Encumbrance of the Membership Interests of the Parties shall
be governed by the LLC Agreement and any Encumbrance of the Subject Interests
(as defined below) shall be governed by the applicable provision, if any, of
the Operating Agreement.


 


This Agreement
will evidence our mutual agreement as follows:


 


1.         Change in Control Transaction. Any
Change in Control (as defined in Section 1.H.) of a Party shall be subject
to the following procedure:


 


A.        Once a Party undergoes a
Change in Control, the Party subject to the Change in Control (such Party,
together with any of its Affiliates, as


 


1

















 


hereinafter defined, that
are subject to such Change in Control, the “Acquired Party”) shall be
required to provide written notice (within ten (10) days following the
consummation of such Change in Control) to the other Party (such Party, a “Non-Acquired
Party”) regarding the Change in Control, which must include the name of the
ultimate acquirer and make one of the following elections (each, a “COC Election”) (a “COC
Election Notice”):


 


i.          If
PMOG is the Acquired Party, then to elect to either:


 


1.         Offer
to relinquish PMOG’s and its Affiliates’ right (if any) to provide Development
Activities with respect to Conventional Wells under the Contract Operating
Agreement and such rights (if any) PMOG and its Affiliates may then have as
Operator under the Operating Agreement and as Operating Member under the LLC
Agreement (such election, an “Operatorship Resignation Election,” and
any notice providing such election, an “Operatorship Resignation Election
Notice”); or


 


2.         Offer (1) a unit
price (in U.S. dollars per percent of Membership Interest) (a “Membership
Unit Price”) at which PMOG would be willing to either: (a) purchase
all of the Membership Interests of the Non-Acquired Party or (b) sell all
of PMOG’s Membership Interests to the Non-Acquired Party and its Affiliates and
(2) a unit price (in U.S. dollars per mcf) (an “Offered Unit Price”)
at which PMOG would be willing to either: (a) purchase all of the
interests subject to the Operating Agreement in the Oil and Gas Interests, Oil
and Gas Leases and all associated interests (but excluding any royalty
interests and any mineral fee interests owned by, PMOG in the lands subject to
the leases under the Operating Agreement, and further excluding any pipelines,
gathering systems, processing plants or facilities or any other similar assets
used in the processing and/or transportation of Hydrocarbons beyond the well
site to the extent not governed by the Operating Agreement) (the “Subject
Interests” and, together with the Membership Interests, the “Offered
Interests”) of the Non-Acquired Party and its Affiliates or (b) sell
all of PMOG’ s and its Affiliates’ Subject Interests to the Non-Acquired Party
(a “Buy-Sell Election” and any notice providing such election, a “Buy-Sell
Election Notice”); provided, however, (l)(a) must be offered with (2)(a) and
(l)(b) must be offered with 2(b).


 


ii.         If EPC or EGEL is the
Acquired Party, then to elect to either:


 


1.         Offer to relinquish such
rights as such Person and its Affiliates may then have as Operator under the
Operating Agreement and as Operating Member under the LLC Agreement and (if applicable) such
rights (if any) as such Person and its Affiliates may then have to provide
Development Activities with


 


2

















 


respect
to Conventional Wells under the Contract Operating Agreement pursuant to an
Operatorship Resignation Election; or


 


2.         Offer (1) a Membership Unit Price at which such Person would be willing to either:
(a) purchase all of the Membership Interests of the Non-Acquired Party and
its Affiliates or (b) sell all of such Person’s and its Affiliates’
Membership Interests to the Non-Acquired Party and (2) an Offered Unit
Price at which such Person would be willing to either: (a) purchase all of
the Subject Interests of the Non-Acquired Party and its Affiliates or (b) sell
all of such Person’s and its Affiliates’ Subject Interests to the Non-Acquired
Party; provided, however, (l)(a) must be offered with (2)(a) and (l)(b) must
be offered with 2(b). All water disposal wells, and any transfer facility,
loadout facility or other facility associated with such water disposal wells,
located on the Subject Interests or primarily used in connection with the
disposal of produced water from wells included in the Subject Interests (the “Water
Wells”) shall be included in the offer without further consideration.


 


B.        If the Acquired Party
makes an Operatorship Resignation Election, the Non-Acquired Party shall have
the right to accept or decline the Operatorship Resignation Election by notice
to the Acquiring Party within thirty (30) days of the Non-Acquired Party’s
receipt of the Operatorship Resignation Election Notice. If the Non-Acquired
Party timely accepts such Operatorship Resignation Election in accordance with
this Section l.B., then following the Non-Acquired Party’s acceptance:


 


i.          The Parties shall cooperate to cause (1) the
Non-Acquired Party to be designated as Operator under the Operating Agreement,
including operator of record for all Oil and Gas Leases and Oil and Gas
Interests under the Operating Agreement for which the Acquired Party is then
designated as operator of record, and (2) the Non-Acquired Party to be
designated as Operating Member under the LLC Agreement if the Acquired Party is
then designated as Operating Member under such LLC Agreement and vote the
Acquired Party’s and its Affiliates’ respective Membership Interests for the
election of the Non-Acquired Party as successor Operating Member; and


 


ii.         If PMOG is the Acquired Party, the Operating
Agreement shall be deemed to have been amended, effective as of the date of the
Non-Acquired Party’s acceptance of such Operatorship Resignation, to delete Article XVI.C.
of the Operating Agreement, and the Contract Operating Agreement shall be
terminated effective as of such date provided that the provisions of Section 7.3
and Section 7.4 of the Contract Operating Agreement shall survive such
termination.


 


C.        If the Acquired Party makes a Buy-Sell
Election, the Non-Acquired Party shall have the right to elect one (1) of
the following options:


 


3

















 


i.          Require the Acquired
Party (1) to purchase all of the Non-Acquired Party’s and its Affiliates’
Membership Interests at a price equal to the product of the Membership Unit
Price and the number that is the aggregate percentage Membership Interests held
by such Non-Acquired Party and its Affiliates and (2) to purchase all of
the Non-Acquired Party’s and its Affiliates’ Subject Interests at a price equal to the product of the Offered Unit
Price and the aggregate total proved reserves then attributable to such Subject
Interests, adjusted to actual ownership and based on the most recent reserve
report prepared in accordance with Section 1.D hereof (the “Reserve
Report”);


 


ii.         Require the Acquired
Party and its Affiliates (l) to
sell all of the Acquired Party’s and its Affiliates’ Membership Interests at a
price that is the product of the Membership Unit Price and the number equal to
the aggregate percentage Membership Interests held by the Acquired Party and
its Affiliates and (2) to
sell all of the Acquired Party’s and its Affiliates’ Subject Interests at a
price equal to the product of the Offered Unit Price and the aggregate total
proved reserves then attributable to such Subject Interests, adjusted to actual
ownership and based on the Reserve Report; or


 


iii.        Elect to waive any Buy-Sell Election and allow the Acquired Party to maintain
its then current operating rights.


 


D.        Upon the occurrence of a
Change in Control, the Parties agree that they will cause a reserve report to
be prepared by an independent petroleum engineering firm mutually selected by
the Parties as of January 1 of the year in which the Change of Control
occurs covering the total proved reserves attributable to the Oil and Gas
Interests and Oil and Gas Leases subject to the Operating Agreement and
additionally showing the actual ownership of each of the Parties and their
respective Affiliates with respect thereto. Such reserve report shall be
prepared in a manner that is customary in the oil and gas industry and as is
otherwise agreed to by the Parties.


 


E.         Failure to respond to an
Operator Resignation Election Notice within the applicable thirty (30) day
period shall be deemed an election by the Non-Acquired Party and its Affiliates
to reject the Operatorship Resignation
Election that is the subject of such notice. Failure to respond to a Buy-Sell
Election Notice within the applicable thirty (30) day period shall be deemed an
election by the Non-Acquired Party and its Affiliates to waive their right to
buy or sell the applicable interests and allow the Acquired Party and its
Affiliates to maintain their operating rights.


 


F.         The Non-Acquired Party
and its Affiliates shall have no right under this Section 1 to acquire any asset other than the Membership Interests and
Subject Interests of the Acquired Party and its Affiliates and the Water Wells,
nor shall the Non-Acquired Party or its Affiliates be required to acquire any
asset other than the Membership Interests and Subject Interests of the Acquired
Party and its Affiliates and the Water Wells.


 


4
















 


G.        The consummation of any
purchase and sale of Membership Interests, Subject Interests and Water Wells as
contemplated by this Agreement shall, unless otherwise agreed to in writing by
the Parties, take place at the offices of the Non-Acquired Party, no later than
ninety (90) days following the Buy-Sell Election Notice. In connection with
such purchase and sale, the Parties will execute and deliver agreements and
instruments containing provisions similar to those contained in that certain
Purchase and Sale Agreement dated April         ,
2007 between EPC and PMOG (the “Purchase Agreement”).


 


H.        As used in this Agreement:


 


i.          “Affiliate”
means, with respect to any Person, a Person that directly or indirectly
controls, is controlled by or is under common control with such Person, with
control in such context meaning (i) the
power to direct the vote of more than fifty percent (50%) of the voting shares or other securities of such Person
through ownership, pursuant to a written agreement, or otherwise or (ii) the
power to direct the management and policies of a Person through ownership of
voting shares or other securities, pursuant to a written agreement, or
otherwise. For the purposes of this Agreement, the Company shall not be
considered an Affiliate of either Party or such Party’s Affiliates.


 


ii.         “Cash
Transfer” means any Transfer where the sole consideration (other than the
assumption of obligations and liabilities associated with the Transferred
Interests) takes the form of cash, cash equivalents or promissory notes.


 


iii.        “Cash
Value” means the portion of the total monetary value (expressed in U.S.
dollars) of the consideration being offered by a proposed transferee (including
without limitation any cash, other assets, and Tax Savings to a transferor from
a non-cash deal) that reasonably should be allocated to any Transferred
Interests that are subject to a proposed Transfer.


 


iv.        “Change
in Control” means a Transfer of more than fifty percent (50%) of the Voting
Securities of a Party, or of any Holding Company of such Party, to any Person
that is not an Affiliate of such Party.


 


v.         “Competitor”
means any of the following:


 


a.         Any Person that derives
fifty percent (50%) or more of its revenues from activities relating to the
exploration for, and development and production of, Oil and Gas;


 


b.         Any Person that explores
for, develops and produces, directly or indirectly, Oil and Gas in the states
of Kentucky, West Virginia, Virginia and/or Pennsylvania; or


 


5

















 


c.         Any Person that is an
Affiliate of any Person that is classified as a “Competitor” pursuant to
sub-paragraph (a) or (b) above.


 


vi.        “Encumber”
means to pledge, charge, grant a security interest in, encumber or hypothecate
the asset or property in question.


 


vii.       “Holding
Company” means, with respect to any Party, any Person that, directly or
indirectly through any subsidiary, owns Voting Securities that enable it to
elect a majority of the directors, managers or Persons performing similar
functions or otherwise gives such Person the sole power to direct the
management and policies of such Party.


 


viii.      “Tax Savings” means
the actual reduction in tax liability that has been or will be realized and
that would not have been realized but for the relevant Transfer.


 


ix.         “Transfer”
means to sell, transfer, assign, distribute or otherwise dispose of the asset
or property in question, excluding actions to Encumber such asset or property.
Notwithstanding anything to the contrary in the preceding sentence, “Transfer” shall
not include any indirect transfer by change of control, merger, consolidation
or reorganization.


 


x.          “Voting
Securities” means any shares, capital stock, other securities or equity
interests which ordinarily have voting power for the election of directors,
managers or other Persons performing similar functions.


 


I.          The provisions of this Section 1
(other than the definitions in Section 1.H. used elsewhere in this
Agreement) shall terminate and no longer be applicable:


 


i.                               in
the case of any Change in Control in which the party assuming Control is not a
Competitor, with respect to any such Change in Control occurring after the
third anniversary of the date hereof; and


 


ii.                            in
the case of any Change in Control in which the party assuming Control is a Competitor,
with respect to any such Change in Control occurring after the fourth
anniversary of the date hereof.


 


J. In
no event shall the provisions of Section 1 (other than the definitions in Section 1.H.
used elsewhere in this Agreement) apply, and all such rights set forth in this Section 1
with respect to a Change in Control will expire and no longer be applicable, to
any Change in Control that occurs after the four (4) year anniversary of
the date hereof.


 


2.         Direct Transfer Transaction. Any
Transfer by a Party or any of its Affiliates of all or a portion of the Subject
Interests or the Membership Interests held by


 


6

















 


such Party, other than a
Transfer to one or more Affiliates of such Party, shall be subject to the
following procedure.


 


A.        If a Party or any of its
Affiliates (collectively, the “Transferring Party”) enters
into an agreement whereby such Transferring Party agrees to Transfer all or any
portion of its Subject Interests or Membership Interests (together with any
interests associated with such Subject Interests or Membership Interests, the “Transferred
Interests”) to a bona fide purchaser, then such Transferring Party shall
give prompt written notice (the “Transfer Notice”) to the other
Party(ies) (the “Non-Transferring Party(ies)”) at least thirty (30) days
prior to the closing of such Transfer (such thirty (30) day period being
referred to herein as the “First Refusal Period”), stating that the
Transferring Party intends to make such a Transfer, identifying the terms and
conditions of such Transfer, including without limitation (i) the name and
address of the prospective purchaser (the “Proposed Transferee”), (ii) the
Transferred Interests, and (iii) (a) if the Transfer is a Cash
Transfer, the price to be paid for the Transferred Interests or (b) if the
Transfer is not a Cash Transfer, the Cash Value of the Transferred Interests,
determined by the Transferring Party in good faith (such U.S. dollar amount as
used in subsections (a) or (b), as applicable, shall be referred to herein
as the “Transfer Price”), which Transfer Notice shall constitute an
irrevocable election by the Transferring Party to sell the Transferred
Interests to the Non-Transferring Party(ies) for the Transfer Price. A copy of
the offer and purchase agreement, if in writing, shall be attached to the
Transfer Notice. The Non-Transferring Party (or, if more than one, the
Non-Transferring Parties acting together as a group) shall have the irrevocable
right, by written notice to the Transferring Party within thirty (30) days of
its receipt of the Transfer Notice, to elect one (1) of the following
options:


 


i.          Acquire the Transferred
Interests subject to the proposed Transfer from the Transferring Party on the
terms and conditions set forth in the Transfer Notice;


 


ii.         Waive its rights to
acquire the Transferred Interests under Section 2.A.i. and require that
all rights (if any) of the Transferring Party as Operator under the Operating
Agreement, as Contract Operator under the Contract Operating Agreement and/or
as Operating Member under the LLC Agreement (in each case) with respect to
Transferred Interests be transferred to the Non-Transferring Party(ies)
simultaneously with the completion of the Transfer to the Proposed Transferee
in accordance with the terms of Section 2.B.; or


 


iii.        Waive its rights to acquire the Transferred
Interests under Section 2.A.i. and elect to allow the Proposed Transferee
to assume such operating rights (if any) of the Transferring Party.


 


If the Transferred Interests
are part of a Wider Transaction, the Non-Transferring Party(ies) shall only
have the right and option to purchase the Transferred Interests, and shall have
no right to purchase any other interests that may be the subject of the Wider
Transaction. Any notice issued by the Non-Transferring


 


7

















 


Party(ies) pursuant to
option (i) in the preceding sentence shall be referred to herein as a “Preferential
Purchase Right Notice”, and any notice issued by the Non-Transferring
Party(ies) pursuant to option (ii) in the preceding sentence shall be
referred to herein as an “Operatorship Notice”. If the Non-Transferring
Party(ies) fails or declines to deliver a Preferential Purchase Right Notice or
an Operatorship Notice within the First Refusal Period, then the Non-Transferring
Party(ies) shall be deemed to have made the election under option (iii) and
the Transfer to the Proposed Transferee may be made, subject to the other
provisions of this Section 2, under terms and conditions no more favorable
to the Proposed Transferee than those set forth in the Transfer Notice, with no
effect on operatorship, provided that the Transfer shall be concluded within
ninety (90) days from the date of the expiration of the First Refusal Period.
If the Transfer is not completed within ninety (90) days of the date of
expiration of the First Refusal Period, and the Transferring Party still
desires to effect such Transfer, then the Transferring Party shall be required
to deliver an additional Transfer Notice, and the terms and conditions of this Section 2
shall apply to such additional Transfer Notice. No Party shall have a right
under this Section 2 to acquire or obtain rights to operate any asset
other than Transferred Interests from the Transferring Party, nor may any Party
be required to acquire or operate any asset other than Transferred Interests
from the Transferring Party.


 


B.        If
the Non-Transferring Party(ies) delivers an Operatorship Notice, then
concurrent with the closing of the Transfer:


 


i.          if PMOG (and/or its
Affiliates, if applicable) is the Non-Transferring Party(ies), then:


 


(a)        in the case of a transfer
of any Subject Interests, the Parties shall cooperate to cause PMOG to be
designated as Operator, including operator of record for all Oil and Gas Leases
and Oil and Gas Interests subject to the Operating Agreement for which the
Transferring Party is then designated as operator of record; or


 


(b)       in the case of a transfer
of any Membership Interests, the Parties shall cooperate to cause PMOG to be
designated as Operating Member and vote their respective Membership Interests
for the election of PMOG as the successor Operating Member; or


 


ii.         if
EPC or EGEL (and/or its Affiliates, if applicable) is the Non-Transferring
Party(ies), the Operating Agreement shall be deemed to have been amended,
effective as of the closing of such Transfer, to delete Article XVL.C. of
the Operating Agreement, and the Contract Operating Agreement shall be
terminated effective as of such date, provided that the provisions of Section 7.3
and Section 7.4 of the Contract Operating Agreement shall survive such
termination, and PMOG shall cooperate to the extent of any of PMOG’s rights
that PMOG may then have as Operator under the Operating Agreement and as or as
Operating Member


 


8

















 


under the LLC Agreement)
to cause and vote PMOG’s interest for EPC or EGEL to be designated as the
Operator, including operator of record or Operating Member thereof, as
applicable.


 


C.        If the Non-Transferring
Party (or, if more than one, the Non-Transferring Parties acting together as a
group) elects to purchase the Transferred Interests by delivering a
Preferential Purchase Right Notice, then the closing of such purchase shall
occur no later than ninety (90) days after (A) if the Transfer
contemplated in the Transfer Notice is a Cash Transfer and is not part of a
wider transaction between the Transferring Party and the Proposed Transferee
involving other properties in addition to the Subject Interests and/or the
Membership Interests (the “Wider Transaction”), the date of such
election, (B) if the Transfer contemplated in the Transfer Notice is a
Cash Transfer but is part of the Wider Transaction, the date on which the Wider
Transaction closes, (C) if
the Transfer contemplated in the Transfer Notice is not a Cash Transfer and is
not part of the Wider Transaction, the date on which the Cash Value is deemed
final pursuant to the provisions of Section 2.D or (D) if the
Transfer contemplated in the Transfer Notice is not a Cash Transfer but is part
of the Wider Transaction, on the later of (i) the
date on which the Cash Value is deemed final pursuant to the provisions of Section 2.D.
and (ii) the date on which the Wider Transaction closes, (in each case)
unless the Non-Transferring Party (or, if more than one, the Non-Transferring
Parties acting together as a group), and the Transferring Party agree upon a
different time. The closing shall take place at the offices of the Transferring
Party, unless the Non-Transferring Party (or, if more than one, the
Non-Transferring Parties acting together as a group) and the Transferring Party
agree upon a different place. If the contemplated Transfer is part of the Wider
Transaction and the Wider Transaction terminates without completion for any
reason, the Non-Transferring Party(ies)’s rights to acquire the Transferred
Interests which are part of such Wider Transaction shall also terminate.


 


D.        For purposes of Section 2.C.,
the Cash Value proposed by the Transferring Party in the Transfer Notice shall
be conclusively deemed correct and final unless the Non-Transferring Party (or,
if more than one, the Non-Transferring Parties acting together as a group)
gives notice that it disagrees with the Transferring Party’s estimate of the
Cash Value (the “Disagreement Notice”) to the Transferring Party within
ten (10) days of the Non-Transferring Party(ies)’s receipt of the Transfer
Notice. The Disagreement Notice shall state (i) the Cash Value as
determined by the Transferring Party, (ii) the Cash Value proposed by the
Non-Transferring Party (or, if more than one, the Non-Transferring Parties
acting together as a group), and (iii) any information supporting the.
proposed Cash Value by the Non-Transferring Party (or, if more than one, the
Non-Transferring Parties acting together as a group). The Transferring Party
and the Non-transferring Party(ies) giving the Disagreement Notice (the “Disagreeing
Parties”) shall then have fifteen (15) days in which to attempt to negotiate
an agreement on the Cash Value. If no agreement has been reached by the end of
such fifteen (15) day period, any Disagreeing Party shall have the right to
refer the matter of Cash Value determination to final and binding arbitration
before an expert in accordance with this Section 2.D. The expert shall be
selected unanimously by the Disagreeing Parties and if the Disagreeing Parties
are unable


 


9

















 


to
agree upon an expert within fifteen (15) days after deciding to refer the
matter of Cash Value determination to an expert, then, upon request of either
Disagreeing Party, the American Arbitration Association shall appoint such
expert. The expert shall not have any economic interest in or economic
relationship with the parties hereto or have been
employed by any Party or any of their Affiliates for at least five (5) years
prior to its appointment as an expert hereunder. The expert, once appointed,
shall have no ex parte communications with the parties hereto concerning the
expert determination or the underlying dispute. All communications between the
Disagreeing Parties and the expert shall be conducted (A) in writing with
each Disagreeing Party receiving a copy of such communications, or (B) at a meeting to
which representatives of all the Disagreeing Parties have been invited and of
which all the Disagreeing Parties have been provided at least seven (7) days notice.
Within thirty (30) days after the expert’s acceptance of its appointment, each
Disagreeing Party shall provide the expert and each other with a report
containing their proposal for the resolution of the matter and the reasons
therefore, accompanied by all relevant supporting information and data (each,
an “Initial Report”). Each Disagreeing Party may also provide the expert
and the other Disagreeing Parties with a response to the Initial Report of the
other Disagreeing Parties within fifteen (15) days of the
expert’s receipt of the Initial Reports. Within sixty (60) days of its receipt
of the Initial Reports and after receipt of additional information or data as
may be required by the expert, the expert shall issue an award selecting the
proposal which it finds is more consistent with the terms of this agreement. In
issuing it award, the expert may not propose alternate positions or award
damages, interest or penalties to any Disagreeing Party with respect to any
matter. The expert’s award shall be final and binding on the Disagreeing
Parties and judgment may be entered upon such award by any court of competent
jurisdiction.


 


E.         Once
the Cash Value is determined
under Section 2.D., subject to Section 2.C., the Transferring Party shall be obligated to sell and the
Non-Transferring Party(ies) shall be obligated to buy the Transferred Interests
at such Cash Value.


 


F.         Any Transfer by a
Transferring Party of its Membership Interests to a Proposed Transferee in
accordance with this Agreement shall be subject to compliance with the
provisions of Article 6 of the LLC Agreement (excluding Section 6.5).


 


G.        The provisions of this Section 2
shall remain in effect until the fourth anniversary of the date hereof.


 


3.         Change in COPAS Rates. If the
Non-Acquired Party accepts an Operatorship Resignation Election under Section 1,
or the Non-Transferring Party(ies) delivers an Operatorship Notice under Section 2,
in either case in relation to the Subject Interests, and EPC is the Party
relinquishing operating rights, then, effective as of the closing of the
transaction triggering such rights, Article III.1.A.I. of Exhibit “C” to the
Operating Agreement shall be deemed to have been amended to provide that (i) the
overhead rate for producing wells shall be $175 per well per month, and (ii) such


 


10

















 


producing well overhead
rate shall not be adjustable for a period of five (5) years from the date
of the closing of such transaction.


 


4.         Exclusions. Notwithstanding anything to the
contrary herein, the Parties agree that any transactions conducted by a Party
that are within the following categories, shall be excluded from the provisions
of this Agreement for all purposes and shall not require the consent of the
other Party. Each Party agrees to provide notification of any such transactions
in good faith promptly upon the consummation of such transactions to the other
Party:


 


A.        Transactions with lenders
or other financial investors not in the oil and gas industry for primarily
mortgage, structured finance, or tax related
purposes;


 


B.        Transactions
relating to financial structure, being those primarily for the formation of
master limited partnerships (MLPs), private equity, spin/split transactions,
royalty trusts, and similar transactions; provided that the Party involved
retains the right to control operations and other decision making rights; and


 


C.        Any Transfer by a Party of
all or a part of its respective interests in the Company and/or its Subject
Interests to an Affiliate; provided that such Affiliate agrees to be bound by
and becomes a “Party” under this Agreement.


 


5.         Governing
Law. This
Agreement and the legal relations between the Parties shall be governed by and
construed in accordance with the laws of the State of Virginia without regard
to principles of conflicts of laws that would direct the application of the
laws of another jurisdiction. Each of the Parties agrees that it shall bring
any action or proceeding in respect of any claim arising out of or related to
this Agreement or the transactions contemplated hereby exclusively in the
Federal Court for the Western District of Virginia (the “Chosen Court”)
and, solely in connection with claims arising under this Agreement or the
transactions contemplated hereby, (i) irrevocably submits to the exclusive
jurisdiction of the Chosen Court, (ii) waives any objection to laying
venue in any such action or proceeding in the Chosen Court, and (iii) waives
any objection that the chosen Court is an inconvenient forum or does not have
jurisdiction over it. The foregoing consents to jurisdiction shall not
constitute general consents for any purpose except as provided herein and shall
not be deemed to confer rights on any Person other than the Parties.


 


6.         Notices. All notices, requests, demands,
directions and other communications hereunder shall be in writing’ and shall be
given by personal delivery, international courier or facsimile communication
addressed to the Parties at the respective addresses set forth below or to such
other address, individual or facsimile telephone number as may be designated by
notice given by any Party to the other Party.


 


If to EPC or EGEL:


 


225 North Shore Drive


Pittsburgh, Pennsylvania
15212


Attention: Corporate
Secretary


 


11

















 


Telephone: (412)553-5700

Telecopy: (412)553-7781


 


If to PMOG:


 


777 Main Street, Suite 800

Fort Worth, Texas 76102 

Attention:  Chad Stephens 

Telephone: (810) 817-1929 

Telecopy: (810) 817-1990


 


With a copy to:


 


125 State Route 43 

P.O. Box 550 

Hartville, OH 44632 

Attention:  Jeffery A. Bynum 

Telephone: (330) 877-6747 

Telecopy: (330) 877-6129


 


Any notice, demand,
request, direction or other communication given by personal delivery or
international courier shall be conclusively deemed to have been given on the
day of actual delivery thereof and, if given by facsimile communication, on the
day of transmittal thereof if given during the normal business hours of the
recipient and on the next day during which such normal business hours next
occur if not given during such hours on any day; provided, however,
that such delivery shall be effective only upon a confirmation (including
automatically-generated confirmations) of receipt thereof. The Party giving any
notice, demand, request, direction or other communication by facsimile
communication shall send the original by personal delivery or international
courier.


 


7.         Amicable Resolution of Disputes. Upon
any dispute arising under this Agreement, any Party may, by written notice to
the other Party, request a meeting among senior executives designated by each
Party to attempt to resolve such dispute or deadlock by negotiation in good
faith. In the event such dispute or deadlock is not resolved among such senior
executives within thirty (30) days, the Parties may pursue any action available
to them under Applicable Law or in equity.


 


8.         Entire Agreement. This Agreement
together with the Purchase Agreement, the exhibits and schedules attached
thereto and the documents to be executed thereunder or in connection with a
condition to the closing thereof (the “Transaction Documents”), shall
constitute the entire agreement among the Parties and their Affiliates
pertaining to the subject matter of the Transaction Documents, and supersede
all prior agreements, understandings, negotiations and discussions, whether
oral or written, among the Parties and their Affiliates regarding such subject
matter. To the extent of any conflict or inconsistency between the terms of
this Agreement and the terms of the Transaction Documents, the terms of this
Agreement shall control.


 


9.         Severability. Upon a determination by a
court of competent jurisdiction that any term or other provision of this
Agreement is invalid, illegal or incapable of being


 


12

















 


enforced, then (i) all other conditions and
provisions of this Agreement shall nevertheless remain in full force and
effect, (ii) the Parties shall negotiate in good faith to modify this
Agreement to give effect to the original economic and legal intent of the
Parties as closely as possible in an acceptable manner to the end that the
transactions contemplated by the Transaction Documents are fulfilled to the
extent possible, and (iii) if the Parties are unable to agree on such
modifications to this Agreement and the economic or legal substance of the
transactions contemplated by the Transaction Documents is affected in any
manner materially adverse to a Party, then the Transaction Documents shall be
interpreted to give effect to the original economic and legal intent of the
Parties as closely as possible in an acceptable manner to the end that the
transactions contemplated by the Transaction Documents are fulfilled to the
extent possible.


 


10.       Assignment. No Party shall assign or
otherwise transfer all or any part of this Agreement, except to an Affiliate in
a transfer whereby this Agreement remains binding upon the transferring Party
and becomes binding upon the transferee, nor
shall any Party delegate any of its rights or duties hereunder, without the
prior written consent of the other Party and any transfer or delegation made
without such consent shall be void. Subject to the foregoing, this Agreement
shall inure to the benefit of and be binding upon only the Parties and their
respective successors and permitted assigns and no other Person shall be
entitled to enforce this Agreement, rely on any representation, warranty,
covenant or agreement contained herein, receive any rights hereunder or be a
third-party beneficiary hereof.


 


11.       Amendments and Waivers. No amendment,
supplement, waiver or termination of this Agreement shall be binding unless
executed in writing by each Party. No waiver of any of the provisions of this
Agreement shall be deemed or shall constitute a waiver of any other provisions
(whether or not similar) nor shall such waiver constitute a continuing waiver
unless otherwise expressly provided.


 


12.       Counterparts. This Agreement may be
executed in one or more counterparts, including facsimile counterparts, each of
which shall be deemed an original, but all of which together shall constitute
one and the same instrument.


 


[The remainder of this page is
intentionally left blank]


 


13

















 


If you are in
agreement with the foregoing, please execute this letter agreement in the space
provided below.


 


	
   

  	
  Sincerely,

  
	
   

  	
   

  
	
   

  	
  EQUITABLE
  PRODUCTION COMPANY

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
   

  
	
   

  	
   

  	
  Name:

  
	
   

  	
   

  	
  Title:

  
	
   

  	
   

  
	
   

  	
  EQUITABLE
  GATHERING EQUITY, LLC

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
   

  
	
   

  	
   

  	
  Name:

  
	
   

  	
   

  	
  Title:

  
	
   

  	
   

  
	
   

  	
   

  
	
  ACCEPTED
  AND AGREED

  	
   

  
	
   

  	
   

  
	
  as of the date hereof:

  	
   

  
	
   

  	
   

  
	
  PINE
  MOUNTAIN OIL AND GAS, INC.

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  By:

  	
   

  	
   

  
	
   

  	
  Name:

  	
   

  
	
   

  	
  Title:

  	
   

  



 


SIGNATURE PAGE TO NORA FIELD CHANGE
IN CONTROL LETTER AGREEMENT


 

















 


EXHIBIT M


 


FORM OF EQUITABLE GUARANTY


 


[Attached behind this page.]


 
















 


GUARANTY AGREEMENT


 


BY


 


EQT INVESTMENTS, LLC


 


FOR THE BENEFIT OF


 


PINE MOUNTAIN OIL AND GAS, INC.


 


AND


 


NORA GATHERING, LLC


 


Dated as of
                                  ,
2007


 

















 


TABLE OF CONTENTS


 


	
  1.

  	
  Capitalized Terms

  	
  1

  
	
  2.

  	
  Guaranty

  	
  1

  
	
  3.

  	
  Representations and Warranties

  	
  1

  
	
  4.

  	
  Obligations Unconditional

  	
  2

  
	
  5.

  	
  Independent Obligations

  	
  3

  
	
  6.

  	
  Waiver

  	
  3

  
	
  7.

  	
  Reinstatement

  	
  3

  
	
  8.

  	
  Subrogation

  	
  4

  
	
  9.

  	
  Continuing Guaranty

  	
  4

  
	
  10.

  	
  Third Parties

  	
  4

  
	
  11.

  	
  Successors and Assigns

  	
  4

  
	
  12.

  	
  Notices

  	
  5

  
	
  13.

  	
  Governing Law

  	
  6

  
	
  14.

  	
  Amendments and Waivers

  	
  6

  
	
  15.

  	
  Severability

  	
  7

  
	
  16.

  	
  Entire Agreement

  	
  7

  
	
  17.

  	
  Interpretation and Rules of Construction

  	
  7

  



 


i

















 


GUARANTY AGREEMENT


 


THIS GUARANTY
AGREEMENT (this “Guaranty”),  dated as of
                ,
2007, is by EQT Investments, LLC, a Delaware limited liability company (“Equitable”),  for the benefit of Pine Mountain
Oil and Gas, Inc., a Virginia corporation (“PMOG”),  and Nora Gathering, LLC, a
Delaware limited liability company (the “Company”).


 


RECITALS


 


WHEREAS, Equitable
Gathering Equity, LLC, a Delaware limited liability company (“EGEL”),
ET Blue Grass Company, a Delaware corporation (“ETB”),  and
Equitable Energy, LLC, a Delaware limited liability company (“EE”), are
wholly-owned subsidiaries of Equitable.


 


WHEREAS, ETB, EGEL
and EE are parties to certain agreements listed on Exhibit A
attached hereto (the “Closing Documents”) which
agreements are an integral part of and necessary to effectuate the undertakings
contemplated therein.


 


WHEREAS, Equitable
will derive directly or indirectly substantial benefits from the transactions
contemplated by the Closing Documents.


 


WHEREAS, Equitable
desires to guarantee the obligations of ETB, EGEL and EE under the Closing
Documents to PMOG and the Company.


 


AGREEMENT


 


NOW, THEREFORE, in
consideration for the undertakings of PMOG and the Company in the Closing
Documents, for which undertakings this Guaranty is a condition, and other good
and valuable consideration, Equitable covenants and agrees with PMOG and the Company as follows:


 


1.                          Capitalized
Terms. All capitalized terms used but not defined herein shall have the
meanings assigned to such terms in that certain Purchase and Sale Agreement,
dated as of April           ,
2007 (the “PSA”),  between Equitable Production Company, a
Pennsylvania corporation, and PMOG.


 


2.                          Guaranty.
Subject to Section 9 hereof, Equitable hereby absolutely,
irrevocably and unconditionally guarantees to each of PMOG and the Company,
either or both of whom may act hereunder, the full, complete and timely payment
by ETB, EGEL and EE of all of the obligations of ETB, EGEL and EE under the
Closing Documents, for the payment of money (collectively, the “Guaranteed
Obligations”) up to an aggregate total of One Hundred Million Dollars (US$100,000,000),
provided, that Equitable’s liability under this Guaranty shall be no greater
than the liability of ETB, EGEL and EE under the Closing Documents with respect
to the Guaranteed Obligations. This Guaranty is a guaranty of payment, and not
of collection only.


 


3.                          Representations
and Warranties. Equitable represents and warrants to PMOG and the Company
that the following are true and correct as of the date hereof:


 


1

















 


(a)                      Equitable is
a limited liability company duly organized, validly existing, and in good
standing under the laws of Delaware.


 


(b)                     Equitable
has full power and authority (including full management and operating power and
authority and all necessary management and member approvals) to execute and
deliver this Guaranty and to perform its obligations hereunder. This Guaranty
constitutes the valid and legally binding obligation of Equitable, enforceable
against Equitable in accordance with its terms and conditions.


 


(c)                      Neither the
execution and the delivery of this Guaranty, nor the performance by Equitable
of its obligations hereunder, will in any material respect violate or conflict
with any applicable Law to which Equitable is subject, or any provision of its
charter or bylaws or any material agreement or instrument to which Equitable is
a party or by which any of its properties or assets may be bound. Equitable is
not required to give any notice to, make any filing with or obtain any
authorization, consent or approval of, any Governmental Authority or any other
Person to perform its obligations under this Guaranty.


 


(d)                     ETB, EGEL and
EE are wholly-owned subsidiaries of Equitable.


 


4.                          Obligations
Unconditional. Notwithstanding anything else to the contrary in this
Guaranty, to the fullest extent permitted by applicable Law and subject to Section 9 hereof, the obligations of Equitable hereunder shall remain in
full force and effect without regard to, and shall not be released, discharged
or in any way impaired by any of the following, any of which may be taken
without the consent of, or notice hereunder to, Equitable:


 


(a)                      any
amendment, modification, addition, supplement, extension or acceleration of or
to any part of the Closing Documents;


 


(b)                     any-exercise
or-non exercise by PMOG or the Company of any-right or privilege under
the Closing Documents;


 


(c)                      any
bankruptcy, insolvency, reorganization, dissolution, liquidation or other
similar proceeding relating to ETB, EGEL, EE, any Affiliate of ETB, EGEL or EE,
or Equitable;


 


(d)                     any acceptance
of partial performance (including partial payments) on the Guaranteed
Obligations;


 


(e)                      any change in the legal existence (including, but
not limited to, changes in the charter documents), structure or in the direct
or indirect ownership of ETB, EGEL or EE or any change, whether direct or
indirect, in Equitable’s relationship to ETB, EGEL or EE, including, without
limitation, any change by reason of any merger or any sale, transfer,
dissolution or other disposition of any stock of ETB, EGEL, EE, or Equitable;
or


 


(f)                        any legal
incapacity of ETB, EGEL, or EE.


 


2

















 


5.                          Independent
Obligations. The obligations of Equitable hereunder are independent of the
obligations of ETB, EGEL and EE and, to the fullest extent permitted by
applicable Law, in the event of any default hereunder, a separate action or
actions may be brought and prosecuted against Equitable, whether or not ETB,
EGEL or EE are joined therein or a separate action or actions are brought
against ETB, EGEL or EE. All remedies of PMOG and the Company are cumulative
and not exclusive of any other rights or remedies (whether provided by
applicable Law or otherwise).


 


6.                          Waiver.
Notwithstanding anything else to the contrary in this Guaranty, Equitable
unconditionally waives:


 


(a)                      any demand,
protest or notice as the same pertains to it and to ETB, EGEL and EE;


 


(b)                     any right to
require PMOG or the Company to proceed against ETB, EGEL or EE or to exhaust
any security held by PMOG or the Company or to pursue any other remedy;


 


(c)                      any rights
of set-off, recoupment, deduction, cross claim or counterclaim;


 


(d)                     any defense
based upon an election of remedies by PMOG or the Company, unless the same
would excuse performance by ETB, EGEL or EE under the Closing Documents;


 


(e)                      any duty of
PMOG or the Company to advise Equitable of any information known to PMOG or the
Company regarding ETB, EGEL or EE or their ability to perform under the Closing
Documents; and


 


(f)                        any claim
of illegality, invalidity or unenforceability of the Guaranteed Obligations.


 


Provided, however, that
Equitable shall be entitled to (i) assert any defenses (other than
defenses arising from bankruptcy or insolvency) that ETB, EGEL or EE are
entitled to assert under the Closing Documents and (ii) to cure any
default in the Guaranteed Obligations under the Closing Documents.


 


7.                          Reinstatement.
The obligations of Equitable under this Guaranty shall be automatically
reinstated if and to the extent that for any reason any payment to PMOG or the
Company by or on behalf of ETB, EGEL, EE or any other Person in respect of the
Guaranteed Obligations is rescinded or must be otherwise restored by PMOG or
the Company as holder of any of such obligations, whether as a result of any
proceedings in bankruptcy or reorganization or otherwise, and Equitable agrees
that it will indemnify PMOG and the Company on demand for all reasonable costs
and expenses (including reasonable fees of counsel) incurred by any such party
in connection with such rescission or restoration, including for any such
reasonable costs and expenses incurred in defending against any claim alleging
that such payment constituted a preference, fraudulent transfer or similar
payment under any bankruptcy, insolvency or similar applicable Law.


 


3

















 


8.                          Subrogation.
Equitable agrees that until the earlier of (i) payment and satisfaction in
full of all Guaranteed Obligations or (ii) termination of this Guaranty
pursuant to Section 9, it shall not exercise any right or remedy
arising by reason of any performance by it of its guaranty contained in Section 2,
whether by subrogation or otherwise, against ETB, EGEL or EE. If any amounts
shall be paid by ETB, EGEL or EE to Equitable on account of such subrogation
rights at any time when the Guaranteed Obligations remain outstanding, such
amounts shall be held in trust for the benefit of PMOG and the Company and
shall forthwith be paid to PMOG or the Company to be credited and applied
against the satisfaction of such Guaranteed Obligations.


 


9.                          Continuing
Guaranty.


 


(a)                      Subject to Section 9(b),
Equitable’s obligations under Section 2 of this Guaranty constitute
a continuing guaranty and shall continue in full force and effect until the
earlier of (i) such time as the Guaranteed Obligations shall have been
fully performed or otherwise extinguished pursuant to the terms of the Closing
Documents, or (ii) the date which is the fifth anniversary of the date
hereof; provided, however, that this Guaranty shall continue in full force and
effect as to the Guaranteed Obligations for which a specific written notice of
a claim under this Guaranty has been delivered to Equitable on or before such
fifth anniversary. Upon the earlier of performance or extinguishment of the
Guaranteed Obligations, this Guaranty and all of Equitable’s obligations
hereunder shall immediately terminate and expire.


 


(b)                     Notwithstanding
Section 9(a), with respect to the Guaranteed Obligations of EE
under that certain Gas Gathering Agreement, dated as of the date hereof,
between EE and the Company and that certain Base Contract for Sale and Purchase
of Natural Gas, dated as of the date hereof, between EE and Equitable
Production Company (such Guaranteed Obligations being referred to herein as the
“Gas Guaranteed Obligations”), Equitable’s
obligations under Section 2 of this Guaranty constitute a
continuing guaranty and shall continue in full force and effect until the date
which is the tenth anniversary of the date hereof; provided, however, that this
Guaranty shall continue in full force and effect as to the Gas Guaranteed
Obligations for which a specific written notice of a claim under this Guaranty
has been delivered to Equitable on or before such tenth anniversary. Upon the
earlier of performance or extinguishment of the Gas Guaranteed Obligations,
this Guaranty and all of Equitable’s obligations hereunder shall immediately
terminate and expire.


 


10.                    Third
Parties. This Guaranty shall not confer upon any Person other than PMOG and
the Company and their successors or assigns any rights or remedies hereunder,
and no Person, other than PMOG and the Company, their successors or assigns, is
entitled to rely on any representation, warranty, covenant or agreement
contained herein.


 


11.                    Successors
and Assigns. This Guaranty shall be binding upon Equitable and its
successors and permitted assigns and shall inure to the benefit of PMOG and the
Company and their respective successors and assigns. Neither the rights nor the
obligations of Equitable under this Guaranty shall be assignable in whole or in
part by Equitable without the prior written consent of PMOG, and any purported
assignment in violation hereof shall be null and void; provided, however, that
any Affiliate of Equitable with a net worth of no less than Two Hundred


 


4

















 


Million Dollars
(US$200,000,000) (such net worth determined after excluding other comprehensive
income) and a credit rating of BBB or higher or an equivalent credit rating (as
provided by one of the major credit rating agencies), each as determined as of
the most recently ended financial quarter, may assume Equitable’s obligations
hereunder by an instrument in writing delivered to PMOG, in form and substance
reasonably satisfactory to PMOG, and upon such assumption, Equitable shall be
released from its obligations hereunder accruing from and after the date of
such assumption. PMOG may assign the entirety of its rights under this
Guaranty, but the rights of PMOG under this Guaranty shall not be assignable in
part by PMOG without the prior written consent of Equitable, and any purported
assignment in violation hereof shall be null and void.


 


12.                    Notices.
All notices shall be sufficiently given for all purposes hereunder if in
writing and delivered personally, sent by documented overnight delivery service
or, to the extent receipt is confirmed, by United States mail, or telecopy to
the appropriate address or number as set forth below:


 


Notices to Equitable
shall be addressed as follows:


 


EQT Investments, LLC 

801 West Street, 2nd Floor 

Wilmington, DE 19801-1545

Attention: Kenneth J. Kubacki
- Vice President 

Telephone: (302) 656-5590 

Telecopy: (302) 428-1410


 


with a copy to:


 


225 North Shore Drive

Pittsburgh, Pennsylvania 15212

Attention: Corporate Secretary 
 Telephone: (412) 553-5700 

Telecopy: (412)553-7781


 


or at such other address
and to the attention of such other Person as Equitable may designate by written
notice to PMOG and the Company.


 


Notices to PMOG shall be
addressed to:


 


777 Main Street, Suite 800


Fort Worth, Texas 76102 

Attention: Chad Stephens 

Telephone: (810) 817-1929 

Telecopy: (810) 817-1990


 


With a copy to:


 


125 State Route 43


 


5

















 


P.O. Box 550 

Hartville, OH 44632

Attention: Steve Dezenzo 

Telephone: (330) 877-6747 

Telecopy: (330) 877-6129


 


or at such other address
and to the attention of such other Person as PMOG may designate by written
notice to Equitable and the Company.


 


Notices to the Company
shall be addressed to:


 


225 North Shore Drive

Pittsburgh, Pennsylvania 15212

Attention: Corporate Secretary 

Telephone: (412) 553-5700 

Telecopy: (412)553-7781


 


or at such other address
arid to the attention of such other Person as the Company may designate by
written notice to Equitable and PMOG.


 


Notice given by
overnight delivery or mail shall be effective upon actual receipt. Notice given
by telecopier shall be effective upon actual receipt if received during the
recipient’s normal business hours, or at the beginning of the recipient’s next
Business Day after receipt if not received during the recipient’s normal
business hours. All notices by telecopier shall be confirmed by the party
giving such notice promptly after transmission in writing by certified mail or
overnight delivery to the recipient party.


 


13.                    Governing
Law. This Guaranty and the legal relations between Equitable, PMOG and the
Company shall be governed by and construed in accordance with the laws of the
Commonwealth of Virginia without regard to principles of conflicts of laws that
would direct the application of the laws of another jurisdiction. Each of
Equitable, PMOG and the Company agrees that it shall bring any action or
proceeding in respect of any claim arising out of or related to this Guaranty
or the transactions contemplated hereby exclusively in the Federal Court for
the Western District of Virginia (the “Chosen Court”) and, solely in connection
with claims arising under this Guaranty or the transactions contemplated
hereby, (i) irrevocably submits to the exclusive jurisdiction of the
Chosen Court, (ii) waives any objection to laying venue in any such action
or proceeding in the Chosen Court and (iii) waives any objection that the
Chosen Court is an inconvenient forum or· does not have jurisdiction over it.
The foregoing consents to jurisdiction shall not constitute general consents
for any purpose except as provided herein and shall not be deemed to confer
rights on any person or entity other than Equitable, PMOG and the Company.


 


14.                    Amendments
and Waivers. This Guaranty may not be modified or amended except by an
instrument or instruments in writing signed by PMOG, the Company and Equitable.
PMOG and the Company may waive compliance by
Equitable with any term or provision of this Guaranty on the part of
Equitable to be performed or complied with, only by an instrument
in writing. Notwithstanding the foregoing, no failure on the part of PMOG or
the Company to


 


6

















 


exercise, and no delay on
its part in exercising, any right or remedy under this Guaranty will operate as
a waiver thereof, nor will any single or partial exercise of any right or
remedy preclude any other or further exercise of that or any other right or
remedy.


 


15.                    Severability.
Upon a determination by a court of competent jurisdiction that any term or
other provision of this Guaranty is invalid, illegal or incapable of being
enforced, then (i) all other
conditions and provisions of this Guaranty shall nevertheless remain in full
force and effect, (ii) Equitable, PMOG and the Company shall negotiate in
good faith to modify this Guaranty to give effect to the original economic and
legal intent of Equitable, PMOG and the Company as closely as possible in an
acceptable manner to the end that the transactions contemplated by the
Transaction Documents (as defined below) are fulfilled to the extent possible,
and (iii) if Equitable, PMOG and the Company are unable to agree on such
modifications to this Guaranty and the economic or legal substance of the
transactions contemplated by the Transaction Documents (as defined below) is
affected in any manner materially adverse to any of Equitable, PMOG or the
Company, then the Transaction Documents (as defined below) shall be interpreted
to give effect to the original economic and legal intent of Equitable, PMOG and
the Company as closely as possible in an acceptable manner to the end that the
transactions contemplated by the Transaction Documents (as defined below) are
fulfilled to the extent possible.


 


16.                    Entire
Agreement. This Guaranty, the PSA, the schedules and exhibits attached to
the PSA, and the documents to be delivered under such PSA or in connection with
a condition to the closing of such PSA (the “Transaction
Documents”), shall constitute the entire agreement among Equitable,
PMOG and the Company pertaining to the subject matter of the Transaction
Documents, and supersede all prior agreements, understandings, negotiations and
discussions, whether oral or written, among Equitable, PMOG and the Company
regarding such subject matter.


 


17.                    Interpretation
and Rules of Construction. This Guaranty shall not be construed
against any of PMOG, the Company or Equitable, and no consideration shall be
given or presumption made, on the basis of who drafted this Guaranty or any
particular provision hereof or who supplied the form of Guaranty. In construing
this Guaranty:


 


(a) examples
shall not be construed to limit, expressly or by implication, the matter they
illustrate;


 


(b) the word “includes”
and its derivatives means “includes, but is not limited to” and corresponding
derivative expressions;


 


(c) a defined
term has its defined meaning throughout this Guaranty regardless of whether it  appears
before or after the place where it is defined; and


 


(d) the
headings and titles herein are for convenience only and shall have no
significance in the interpretation hereof.


 


(remainder of this page intentionally
left blank)


 


7

















 


IN WITNESS
WHEREOF, Equitable has executed this Guaranty as of the date first above
written.


 


 


	
   

  	
  EQT INVESTMENTS, LLC

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
   

  
	
   

  	
   

  	
  Name:

  
	
   

  	
   

  	
  Title:

  



 


SIGNATURE
PAGE TO GUARANTY AGREEMENT


 

















 


Exhibit A


 


Closing
Documents


 


1.                          Contribution
Agreement, dated as of April         ,
2007, between EPC, EGEL and PMOG


 


2.                          Conveyance,
Assignment and Bill of Sale, dated as of the date hereof, between EPC, EGEL and
the Company


 


3.                          Amended
and Restated Limited Liability Company Agreement of Nora Gathering, LLC, dated
as of the date hereof, between EGEL, PMOG and the Company


 


4.                          Nora
Field Change of Control Agreement, dated as of the date hereof, between EPC,
EGEL and PMOG


 


5.                          Gas
Gathering Agreement, dated as of the date hereof, between EE and the Company


 


6.                          Base
Contract for Sale and Purchase of Natural Gas, dated as of the date hereof,
between EE and EPC, together with Transaction Confirmation, dated as of the
date hereof, and any other transaction confirmations thereafter entered into in
accordance with such Base Contract for Sale and Purchase of Natural Gas


 


7.                          Promissory
Note, dated as of the date hereof from ETB, to the Company


 


Exhibit A to Guaranty Agreement


 

















 


EXHIBIT N


 


FORM OF RANGE GUARANTY


 


[Attached behind this page.]


 
















 


GUARANTY AGREEMENT


 


BY


 


RANGE RESOURCES CORPORATION


 


FOR THE BENEFIT OF


 


EQUITABLE PRODUCTION COMPANY


 


EQUITABLE GATHERING EQUITY, LLC


 


AND


 


NORA GATHERING, LLC


 


Dated as of
              ,
2007


 

















 


TABLE OF CONTENTS


 


	
  1.

  	
  Capitalized Terms

  	
  1

  
	
  2.

  	
  Guaranty

  	
  1

  
	
  3.

  	
  Representations and Warranties

  	
  1

  
	
  4.

  	
  Obligations
  Unconditional

  	
  2

  
	
  5.

  	
  Independent
  Obligations

  	
  2

  
	
  6.

  	
  Waiver

  	
  3

  
	
  7.

  	
  Reinstatement

  	
  3

  
	
  8.

  	
  Subrogation

  	
  3

  
	
  9.

  	
  Continuing
  Guaranty

  	
  4

  
	
  10.

  	
  Third
  Parties

  	
  4

  
	
  11.

  	
  Successors
  and Assigns

  	
  4

  
	
  12.

  	
  Notices

  	
  5

  
	
  13.

  	
  Governing
  Law

  	
  6

  
	
  14.

  	
  Amendments
  and Waivers

  	
  6

  
	
  15.

  	
  Severability

  	
  6

  
	
  16.

  	
  Entire
  Agreement

  	
  7

  
	
  17.

  	
  Interpretation
  and Rules of Construction

  	
  7

  



 


i

















 


GUARANTY AGREEMENT


 


THIS GUARANTY
AGREEMENT (this  “Guaranty”),
dated as of 
              ,
2007, is by Range Resources Corporation, a Delaware corporation (“Range Resources”), for the benefit of
Equitable Production Company, a Pennsylvania corporation (“EPC’), Equitable Gathering Equity, LLC,
a Delaware limited liability company (“EGEL”),
and Nora Gathering, LLC, a Delaware limited liability company (the “Company”).


 


RECITALS


 


WHEREAS, Pine
Mountain Oil and Gas, Inc., a Virginia corporation (“PMOG”), is an indirect wholly-owned
subsidiary of Range Resources.


 


WHEREAS, PMOG is party
to certain agreements listed on Exhibit A attached hereto (the “Closing Documents”) which agreements are,
an integral part of and necessary to effectuate the undertakings contemplated
therein.


 


WHEREAS, Range
Resources will derive directly or indirectly substantial benefits from the
transactions contemplated by the Closing Documents.


 


WHEREAS, Range
Resources desires to guarantee the obligations of PMOG under the Closing
Documents to EPC,
EGEL and the Company.


 


AGREEMENT


 


NOW, THEREFORE, in
consideration for the undertakings of EPC, EGEL and the Company in the Closing
Documents, for which undertakings this Guaranty is a condition, and other good
and valuable consideration, Range Resources covenants and agrees with EPC, EGEL
and the Company as follows:


 


1.             Capitalized Terms.
All capitalized terms used but not defined herein shall have the meanings
assigned to such terms in that certain Purchase and Sale Agreement, dated as of
April           , 2007
(the “PSA”), between EPC and PMOG.


 


2.             Guaranty. Subject
to Section 9 hereof, Range Resources hereby absolutely,
irrevocably and unconditionally guarantees to each of EPC, EGEL and the
Company, any of whom may act hereunder, the full, complete and timely payment
by PMOG of all of the obligations of PMOG under the Closing Documents, for the
payment of money (collectively, the “Guaranteed Obligations”) up to an
aggregate total of One Hundred Million Dollars (US$l00,000,000), provided, that
Range Resources’ liability under this Guaranty shall be no greater than the
liability of PMOG under the Closing Documents with respect to the Guaranteed
Obligations. This Guaranty is a guaranty of payment, and not of collection
only.


 


3.             Representations and
Warranties. Range Resources represents and warrants to EPC, EGEL and the
Company that the following are true and correct as of the date hereof:


 


1

















 


(a)           Range Resources is a
corporation duly organized, validly existing, and in good standing under the
laws of Delaware.


 


(b)           Range Resources has full
power and authority (including full corporate power and authority and all
necessary board of directors approvals) to execute and deliver this Guaranty
and to perform its obligations hereunder. This Guaranty constitutes the valid and
legally binding obligation of Range Resources, enforceable against Range
Resources in accordance with its terms and conditions.


 


(c)           Neither the execution
and the delivery of this Guaranty, nor the performance by Range Resources of
its obligations hereunder, will in any material respect violate or conflict
with any applicable Law to which Range Resources is subject, or any provision
of its charter or bylaws or any material agreement or instrument to which Range
Resources is a party or by which any of its properties or assets may be bound.
Range Resources is not required to give any notice to, make any filing with or
obtain any authorization, consent or approval of, any Governmental Authority or
any other Person to perform its obligations under this Guaranty.


 


(d)           PMOG is an indirect
wholly-owned subsidiary of Range Resources.


 


4.             Obligations
Unconditional. Notwithstanding anything else to the contrary in this
Guaranty, to the fullest extent permitted by applicable Law and subject to Section 9
hereof, the obligations of Range Resources hereunder shall remain in full force
and effect without regard to, and shall not be released, discharged or in any
way impaired by any of the following, any of which may be taken without the
consent of, or notice hereunder to, Range Resources:


 


(a)           any amendment,
modification, addition, supplement, extension or acceleration of or to any part
of the Closing Documents;


 


(b)           any exercise or non- exercise by EPC, EGEL or
the Company of any right or privilege under the Closing Documents;


 


(c)           any bankruptcy,
insolvency, reorganization, dissolution, liquidation or other similar
proceeding relating to PMOG, any Affiliate of PMOG, or Range Resources;


 


(d)           any acceptance of
partial performance (including partial payments) on the Guaranteed Obligations;


 


(e)           any change in the legal
existence (including, but not limited to, changes in the charter documents),
structure or in the direct or indirect ownership of PMOG or any change, whether
direct or indirect, in Range Resources’ relationship to PMOG, including,
without limitation, any change by reason of any merger or any sale, transfer,
dissolution or other disposition of any stock of PMOG or Range Resources; or


 


(f)            any legal incapacity of
PMOG.


 


5.             Independent
Obligations. The obligations of Range Resources hereunder are independent
of the obligations of PMOG and, to the fullest extent permitted by applicable
Law,


 


2

















 


in the event of any
default hereunder, a separate action or actions may be brought and prosecuted
against Range Resources, whether or not PMOG is joined therein or a separate
action or actions are brought against PMOG. All remedies of EPC, EGEL and the
Company are cumulative and not exclusive of any other rights or remedies
(whether provided by applicable Law or otherwise).


 


6.             Waiver.
Notwithstanding anything else to the contrary in this Guaranty, Range Resources
unconditionally waives:


 


(a)           any demand, protest or
notice as the same pertains to it and to PMOG;


 


(b)           any right to require
EPC, EGEL or the Company to proceed against PMOG or to exhaust any security
held by EPC, EGEL or the Company or to pursue
any other remedy;


 


(c)           any rights of set-off,
recoupment, deduction, cross claim or counterclaim;


 


(d)           any defense based upon
an election of remedies by EPC, EGEL or the Company, unless the same would
excuse performance by PMOG under the Closing Documents;


 


(e)           any duty of EPC, EGEL or
the Company to advise Range Resources of any information known to EPC, EGEL or
the Company regarding PMOG or its ability to perform under the Closing
Documents; and


 


(f)            any claim of
illegality, invalidity or unenforceability of the Guaranteed Obligations.


 


Provided, however, that
Range Resources shall be entitled to (i) assert any defenses (other than
defenses arising from bankruptcy or insolvency) that PMOG is entitled to assert
under the Closing Documents and (ii) to cure any default in the Guaranteed
Obligations under the
Closing Documents.


 


7.             Reinstatement.
The obligations of Range Resources under this Guaranty shall be automatically
reinstated if and to the extent that for any reason any payment to EPC, EGEL or
the Company by or on behalf of PMOG or any other Person in respect of the
Guaranteed Obligations is rescinded or must be otherwise restored by EPC, EGEL
or the Company as holder of any of such obligations, whether as a result of any
proceedings in bankruptcy or reorganization or otherwise, and Range Resources
agrees that it will indemnify EPC, EGEL and the Company on demand for all
reasonable costs and expenses (including reasonable fees of counsel) incurred
by any such party in connection with such rescission or restoration, including
for any such reasonable costs and expenses incurred in defending against any
claim alleging that such payment constituted a preference, fraudulent transfer
or similar payment under any bankruptcy, insolvency or similar applicable Law.


 


8.             Subrogation.
Range Resources agrees that until the earlier of (i) payment and
satisfaction in full of all Guaranteed Obligations or (ii) termination of
this Guaranty pursuant to Section 9, it shall not exercise any
right or remedy arising by reason of any performance by it of its guaranty
contained in Section 2, whether by subrogation or otherwise,
against PMOG. If any


 


3

















 


amounts shall be paid by
PMOG to Range Resources on account of such subrogation rights at any time when
the Guaranteed Obligations remain outstanding, such amounts shall be held in
trust for the benefit of EPC, EGEL and the Company and shall forthwith be paid
to EPC, EGEL or the Company to be credited and applied against the satisfaction
of such Guaranteed Obligations.


 


9.             Continuing Guaranty.


 


(a)           Subject to Section 9(b), Range Resources’ obligations under Section 2 of
this Guaranty constitute a continuing guaranty and shall continue in full force
and effect until the earlier of (i) such
time as the Guaranteed Obligations shall have been fully performed or otherwise
extinguished pursuant to the terms of the Closing Documents, or (ii) the
date which is the fifth anniversary of the date hereof; provided, however, that
this Guaranty shall continue in full force and effect as to the Guaranteed
Obligations for which a specific written notice of a claim under this Guaranty
has been delivered to Range Resources on or before such fifth anniversary. Upon
the earlier of performance or extinguishment of the Guaranteed Obligations,
this Guaranty and all of Range Resources’ obligations hereunder shall immediately
terminate and expire.


 


(b)           Notwithstanding
Section 9(a), with respect to the Guaranteed Obligations of PMOG
under Article XVI.J. of that certain Operating Agreement of even
date herewith between PMOG and EPC (such Guaranteed Obligations being referred to
herein as the “Gas Guaranteed Obligations”), Range Resources’ obligations under Section 2
of this Guaranty constitute a continuing guaranty and shall continue in full
force and effect until the date which is the tenth anniversary of the date
hereof; provided, however, that this Guaranty shall continue in full force and
effect as to the Gas Guaranteed Obligations for which a specific written notice
of a claim under this Guaranty has been delivered to Range Resources on or
before such tenth anniversary. Upon the earlier of performance or
extinguishment of the Gas Guaranteed Obligations, this Guaranty and all of
Range Resources’ obligations hereunder shall immediately terminate and expire.


 


10.           Third Parties.
This Guaranty shall not confer upon any Person other than EPC, EGEL and the
Company and their successors or assigns any rights or remedies hereunder, and
no Person, other than EPC, EGEL and the Company, their successors or assigns,
is entitled to rely on any representation, warranty, covenant or agreement
contained herein.


 


11.           Successors and
Assigns. This Guaranty shall be binding upon Range Resources and its
successors and permitted assigns and shall inure to the benefit of EPC, EGEL
and the Company and their respective successors and assigns. Neither the rights
nor the obligations of Range Resources under this Guaranty shall be assignable
in whole or in part by Range Resources without the prior written consent of
either EPC or EGEL, and any purported assignment in violation hereof shall be
null and void; provided, however, that any Affiliate of Range Resources with a
net worth of no less than Two Hundred Million Dollars (US$200,000,000) (such
net worth determined after excluding other comprehensive income) and a credit
rating of BBB or higher or an equivalent credit rating (as provided by one of
the major credit rating agencies), each as determined as of the most recently
ended financial quarter, may assume Range Resources’ obligations hereunder by
an instrument in writing delivered to EPC and EGEL, in form and substance
reasonably satisfactory to EPC and EGEL, and upon such assumption, Range


 


4

















 


Resources shall be
released from its obligations hereunder accruing from and after the date of
such assumption. EPC and EGEL may assign the entirety of their rights under
this Guaranty, but the rights of EPC and EGEL under this Guaranty shall not be
assignable in part by EPC or EGEL without the prior written consent of Range
Resources, and any purported assignment in violation hereof shall be null and
void.


 


12.           Notices. All
notices shall be sufficiently given for all purposes hereunder if in writing
and delivered personally, sent by documented overnight delivery service or, to
the extent receipt is confirmed, by United States mail, or telecopy to the
appropriate address or number as set forth below:


 


Notices to Range
Resources shall be addressed as follows:


 


777 Main Street, Suite 800

Fort Worth, Texas 76102 

Attention:       Chad Stephens 

Telephone:      (810) 817-1929 

Telecopy  :      (810) 817-1990


 


with a copy to:


 


125 State Route 43


P.O. Box 550 

Hartville, OH 44632

Attention:       Steve Dezenzo 

Telephone:      (330) 877-6747 

Telecopy:        (330) 877-6129


 


or at such other address
and to the attention of such other Person as Range Resources may designate by
written notice to EPC, EGEL and the Company.


 


Notices to EPC and EGEL
shall be addressed to:


 


225 North Shore
Drive

Pittsburgh, Pennsylvania 15212 

Attention:       Corporate Secretary 

Telephone:      (412)553-5700 

Telecopy:        (412)553-7781


 


or at such other address
and to the attention of such other Person as EPC or EGEL may designate by
written notice to Range Resources and the Company.


 


Notices to the Company
shall be addressed to:


 


225 North Shore
Drive

Pittsburgh, Pennsylvania 15212 

Attention:       Corporate Secretary


 


5

















 


Telephone:      (412) 553-5700

Telecopy:        (412)553-7781


 


or at such other address
and to the attention of such other Person as the Company may designate by
written notice to Range Resources, EPC and EGEL.


 


Notice given by
overnight delivery or mail shall be effective upon actual receipt. Notice given
by telecopier shall be effective upon actual receipt if received during the
recipient’s normal business hours, or at the beginning of the recipient’s next
Business Day after receipt if not received during the recipient’s normal
business hours. All notices by telecopier shall be confirmed by the party
giving such notice promptly after transmission in writing by certified mail or
overnight delivery to the recipient party.


 


13.           Governing Law.
This Guaranty and the legal relations between Range Resources, EPC, EGEL and
the Company shall be governed by and construed in accordance with the laws of
the Commonwealth of Virginia without regard to principles of conflicts of laws
that would direct the application of the laws of another jurisdiction. Each of
Range Resources, EPG, EGEL and the Company agrees that it shall bring any
action or proceeding in respect of any claim arising out of or related to this
Guaranty or the transactions contemplated hereby exclusively in the Federal
Court for the Western District of Virginia (the “Chosen Court”) and, solely in
connection with claims arising under this Guaranty or the transactions contemplated
hereby, (i) irrevocably submits to the exclusive jurisdiction of the
Chosen Court, (ii) waives any objection to laying venue in any such action
or proceeding in the Chosen Court and (iii) waives any objection that the
Chosen Court is an inconvenient forum or does not have jurisdiction over it.
The foregoing consents to jurisdiction shall not constitute general consents
for any purpose except as provided herein and shall not be deemed to confer
rights on any person or entity other than Range Resources, EPC, EGEL and the
Company.


 


14.           Amendments and
Waivers. This Guaranty may not be modified or amended except by an
instrument or instruments in writing signed by EPC, EGEL, the Company and Range
Resources. EPC, EGEL and the Company may waive compliance by Range Resources
with any term or provision of this Guaranty on the part of Range Resources to
be performed or complied with, only by an instrument in writing.
Notwithstanding the foregoing, no failure on the part of EPC, EGEL or the
Company to exercise, and no delay on its part in exercising, any right or
remedy under this Guaranty will operate as a waiver thereof, nor will any
single or partial exercise of any right or remedy preclude any other or further
exercise of that or any other right or remedy.


 


15.           Severability.
Upon a determination by a court of competent jurisdiction that any term or
other provision of this Guaranty is invalid, illegal or incapable of being
enforced, then (i) all other
conditions and provisions of this Guaranty shall nevertheless remain in full
force and effect, (ii) Range Resources, EPC, EGEL and the Company shall
negotiate in good faith to modify this Guaranty to give effect to the original
economic and legal intent of Range Resources, EPC, EGEL and the Company as
closely as possible in an acceptable manner to the end that the transactions
contemplated by the Transaction Documents (as defined below) are fulfilled to
the extent possible, and (iii) if Range Resources, EPC, EGEL and the
Company are unable to agree on such modifications to this Guaranty and the
economic or legal substance of the transactions


 


6

















 


contemplated by the
Transaction Documents (as defined below) is affected in any manner materially
adverse to any of Range Resources, EPC, EGEL or the Company, then the
Transaction Documents (as defined below) shall be interpreted to give effect to
the original economic and legal intent of Range Resources, EPC, EGEL and the
Company as closely as possible in an acceptable manner to the end that the
transactions contemplated by the Transaction Documents (as defined below) are
fulfilled to the extent possible.


 


16.           Entire Agreement.
This Guaranty, the PSA, the schedules and exhibits attached to the PSA, and the
documents to be delivered under such PSA or in connection with a condition to
the closing of such PSA (the “Transaction
Documents”),  shall
constitute the entire agreement among Range Resources, EPC, EGEL and the
Company pertaining to the subject matter of the Transaction Documents, and
supersede all prior agreements, understandings, negotiations and discussions,
whether oral or written, among Range Resources, EPC, EGEL and the Company
regarding such subject matter.


 


17.           Interpretation and Rules of
Construction. This Guaranty shall not be construed against any of EPC,
EGEL, the Company or Range Resources, and no consideration shall be given or
presumption made, on the basis of who drafted this Guaranty or any particular
provision hereof or who supplied the form of Guaranty. In construing this
Guaranty:


 


(a)           examples shall not be
construed to limit, expressly or by implication, the matter they illustrate;


 


(b)           the word “includes” and
its derivatives means “includes, but is not limited to” and corresponding
derivative expressions;


 


(c)           a defined term has its
defined meaning throughout this Guaranty regardless of whether it appears
before or after the place where it is defined; and


 


(d)           the
headings and titles herein are for convenience only and shall have no
significance in the interpretation hereof.


 


(remainder of this page intentionally
left blank)


 


7

















 


IN
WITNESS WHEREOF, Range Resources has executed this Guaranty as of the date
first above written.


 


 


	
   

  	
   

  	
   

  	
  RANGE
  RESOURCES CORPORATION

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
  By:

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
  Name:

  
	
   

  	
   

  	
   

  	
   

  	
  Title:

  



 


 


SIGNATURE
PAGE TO GUARANTY AGREEMENT


 

















 


Exhibit A


 


Closing Documents


 


1.         Purchase and Sale
Agreement, dated as of April       , 2007,
between EPC and PMOG


 


2.         Conveyance, Assignment
and Bill of Sale, dated as of the date hereof, between EPC and PMOG


 


3.         Contribution Agreement,
dated as of April       , 2007, between EPC,
EGEL and PMOG


 


4.         Conveyance, Assignment
and Bill of Sale, dated as of the date hereof, between PMOG and the Company


 


5.         Amended and Restated
Limited Liability Company Agreement of Nora Gathering, LLC, dated as of the
date hereof, between EGEL, PMOG and the Company


 


6.         Lease Agreement, dated as
of the date hereof, between EPC and PMOG


 


7.         Operating Agreement,
dated as of the date hereof, between EPC and PMOG


 


8.         Contract Operating
Agreement, dated as of the date
hereof, between EPC and PMOG


 


9.         Easement Agreement, dated
as of the date hereof, between PMOG and the Company


 


10.       Nora Field Change of
Control Agreement, dated as of the date hereof, between EPC, EGEL and PMOG


 


11.       Termination Agreement,
dated as of the date hereof, between PMOG and EPC


 


12.       Letter Agreement regarding
Calculation of the Net Price under the Pine Mountain Lease, dated as of the
date hereof, between PMOG and EPC


 


Exhibit A to Guaranty Agreement


 

















 


EXHIBIT O


 


FORM OF
INTERCONNECT AGREEMENT


 


[Attached behind this page.]


 
















 


MEMBERS INTERCONNECT AGREEMENT


 


BETWEEN


 


NORA GATHERING, LLC


 


AS GATHERER,


 


AND


 


EQUITABLE PRODUCTION COMPANY


 


AS CUSTOMER,


 


Dated as of
                                      ,
2007


 

















 


Interconnect Agreement
Number E-              


 


TABLE OF CONTENTS


 


	
  ARTICLE
  1 DEFINITIONS

  	
  1

  
	
  Section 1.1

  	
  Definitions

  	
  1

  
	
   

  	
   

  	
   

  
	
  ARTICLE 2 PURPOSE AND PROCEDURES FOR DESIGN,
  APPROVAL, INSTALLATION AND ACTIVATION OF FACILITIES

  	
  3

  
	
  Section 2.1

  	
  Agreement

  	
  3

  
	
  Section 2.2

  	
  Base
  Agreement

  	
  3

  
	
  Section 2.3

  	
  Application

  	
  3

  
	
  Section 2.4

  	
  Design
  Specifications

  	
  3

  
	
  Section 2.5

  	
  Installation

  	
  3

  
	
  Section 2.6

  	
  Activation
  of Facilities

  	
  4

  
	
   

  	
   

  	
   

  
	
  ARTICLE
  3 INTERCONNECT FACILITIES

  	
  4

  
	
  Section 3.1

  	
  Interconnect
  Facilities

  	
  4

  
	
  Section 3.2

  	
  Debris
  and Obstructions

  	
  4

  
	
   

  	
   

  	
   

  
	
  ARTICLE
  4 OWNERSHIP OF INTERCONNECT FACILITIES

  	
  4

  
	
  Section 4.1

  	
  Gatherer’s
  Facilities

  	
  4

  
	
  Section 4.2

  	
  Customer’s
  Facilities

  	
  4

  
	
   

  	
   

  	
   

  
	
  ARTICLE
  5 INTERCONNECTION OPERATIONS

  	
  5

  
	
  Section 5.1

  	
  Commencement
  of Operation

  	
  5

  
	
  Section 5.2

  	
  Gathering
  Obligations

  	
  5

  
	
  Section 5.3

  	
  Environmental
  Responsibility

  	
  5

  
	
  Section 5.4

  	
  Facility
  Improvements

  	
  6

  
	
  Section 5.5

  	
  Shut-In

  	
  6

  
	
  Section 5.6

  	
  Notice
  of Maintenance or Repairs

  	
  6

  
	
  Section 5.7

  	
  Facilities
  Abandonment

  	
  6

  
	
   

  	
   

  	
   

  
	
  ARTICLE
  6 TERM

  	
  6

  
	
  Section 6.1

  	
  Term

  	
  6

  
	
  Section 6.2

  	
  Disconnection

  	
  6

  
	
   

  	
   

  	
   

  
	
  ARTICLE
  7 BILLING AND PAYMENT

  	
  7

  
	
  Section 7.1

  	
  Quantities
  Deemed Conclusive

  	
  7

  
	
  Section 7.2

  	
  Remedies
  for Adverse Claims

  	
  7

  
	
   

  	
   

  	
   

  
	
  ARTICLES
  8 OPERATIONAL COSTS TO BE BORNE BY CUSTOMER

  	
  7

  
	
  Section 8.1

  	
  Gas
  Quality and Monitoring Costs

  	
  7

  
	
  Section 8.2

  	
  Customer
  Facilities Costs

  	
  7

  
	
   

  	
   

  	
   

  
	
  ARTICLE
  9 FAILURE TO PERFORM

  	
  7

  
	
  Section 9.1

  	
  Suspension

  	
  7

  
	
  Section 9.2

  	
  Damages

  	
  8

  



 


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Interconnect Agreement
Number E-              


 


	
  Section 9.3

  	
  Indemnity

  	
  8

  
	
   

  	
   

  	
   

  
	
  ARTICLE
  10 PRESSURE, GAS QUALITY AND HEATING VALUE

  	
  8

  
	
  Section 10.1

  	
  Regulation

  	
  8

  
	
  Section 10.2

  	
  Compression

  	
  9

  
	
  Section 10.3

  	
  Pressure
  in Gatherer’s System

  	
  9

  
	
  Section 10.4

  	
  Gas
  Quality

  	
  9

  
	
  Section 10.5

  	
  Temperature

  	
  9

  
	
  Section 10.6

  	
  Monitoring

  	
  9

  
	
  Section 10.7

  	
  Gas
  Taken and Co-mingled

  	
  10

  
	
   

  	
   

  	
   

  
	
  ARTICLE
  11 MEASUREMENT FACILITIES

  	
  10

  
	
  Section 11.1

  	
  Measurement
  Facilities

  	
  10

  
	
  Section 11.2

  	
  Pipeline
  Safety

  	
  10

  
	
  Section 11.3

  	
  Measurement
  Site Access

  	
  10

  
	
  Section 11.4

  	
  Check
  Measurement

  	
  11

  
	
  Section 11.5

  	
  Orifice
  Meters

  	
  11

  
	
  Section 11.6

  	
  Positive
  Displacement Meters

  	
  11

  
	
  Section 11.7

  	
  Turbine
  Meters

  	
  11

  
	
  Section 11.8

  	
  Electronics

  	
  11

  
	
  Section 11.9

  	
  Notice

  	
  11

  
	
  Section 11.10

  	
  Testing
  and Calibration

  	
  12

  
	
  Section 11.11

  	
  Special
  Test

  	
  12

  
	
  Section 11.12

  	
  Measuring
  Adjustment

  	
  12

  
	
  Section 11.13

  	
  Measurement
  Corrections

  	
  13

  
	
  Section 11.14

  	
  Termination

  	
  13

  
	
  Section 11.15

  	
  Data
  and Records Retention

  	
  13

  
	
  Section 11.16

  	
  Volume
  and Quality Determination

  	
  13

  
	
  Section 11.17

  	
  Right
  of Inspections

  	
  14

  
	
  Section 11.18

  	
  Low
  Volumes for Receipt Points

  	
  15

  
	
   

  	
   

  	
   

  
	
  ARTICLE
  12 REGULATORY APPROVALS

  	
  15

  
	
  Section 12.1

  	
  Initial
  Regulatory Filing Requirements

  	
  15

  
	
  Section 12.2

  	
  Change
  in Regulation Results in Material Adverse Effect

  	
  15

  
	
   

  	
   

  	
   

  
	
  ARTICLE
  13 ASSIGNMENT

  	
  16

  
	
  Section 13.1

  	
  Assignment
  of this Agreement

  	
  16

  
	
   

  	
   

  	
   

  
	
  ARTICLE
  14 NOTICE

  	
  16

  
	
  Section 14.1

  	
  Notices

  	
  16

  
	
  Section 14.2

  	
  Receipt
  of Communications

  	
  16

  
	
   

  	
   

  	
   

  
	
  ARTICLE
  15 MISCELLANEOUS

  	
  17

  
	
  Section 15.1

  	
  Choice
  of Law

  	
  17

  
	
  Section 15.2

  	
  Construction
  of this Agreement

  	
  17

  
	
  Section 15.3

  	
  Execution

  	
  17

  



 


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Interconnect Agreement
Number E-              


 


	
  Section 15.4

  	
  Captions

  	
  17

  
	
  Section 15.5

  	
  Amendments

  	
  17

  
	
  Section 15.6

  	
  Entire Agreement

  	
  17

  
	
  Section 15.7

  	
  Severability

  	
  18

  
	
  Section 15.8

  	
  Confidentiality

  	
  18

  
	
  Section 15.9

  	
  Audits

  	
  19

  
	
  Section 15.10

  	
  Waiver

  	
  20

  
	
  Section 15.11

  	
  No Third Party Beneficiary

  	
  20

  



 


iii

















 


Interconnect Agreement
Number E-              


 


NORA
GATHERING, LLC

MEMBERS
INTERCONNECT AGREEMENT


 


THIS MEMBERS
INTERCONNECT AGREEMENT (this “Agreement”) is entered into this
     day of 
              ,
2007, by and between NORA GATHERING, LLC, a Delaware limited liability
company with an office located at 225 North Shore Drive, Pittsburgh,
Pennsylvania 15212-5861 (hereinafter referred to as “Gatherer”), and EQUITABLE PRODUCTION COMPANY,
a Pennsylvania corporation with an office at 225 North Shore Drive, Pittsburgh,
Pennsylvania 15212-5861 (hereinafter referred to as “Customer”). Gatherer and
Customer are also referred to herein individually as a “Party” and collectively
as the “Parties.”


 


WHEREAS, Gatherer
owns and operates certain natural gas gathering lines located in the
Commonwealth of Virginia; and


 


WHEREAS, Customer
is a member of Gatherer and has available certain supplies of natural gas (in
which it and/or another member of Gatherer and any co-owners in any the wells producing
such natural gas own an interest within the Nora Field, as defined in
that certain Contribution Agreement dated
              ,
2007 among Customer, Equitable Gathering Equity, LLC, Pine Mountain Oil and Gas, Inc.
and Gatherer) which it desires to deliver or have delivered into Gatherer’s
natural gas gathering lines.


 


NOW THEREFORE, in
consideration of the premises and mutual covenants contained herein, and for
other good and valuable consideration (the receipt and sufficiency of which are
hereby acknowledged), Gatherer and Customer hereby agree as follows.


 


ARTICLE 1

DEFINITIONS


 


Section 1.1
           Definitions. For
the purposes of this Agreement, the following terms, when capitalized herein,
shall have the meanings set forth below:


 


(a)           “Applicable Law” means all
laws, statutes, rules, regulations, ordinances, orders, requirements and codes
of Governmental Authorities.


 


(b)           “Authorizations” means any and
all approvals, permits, licenses, franchises, or other authorizations required
by any Governmental Authority which are necessary for the performance of a
Party’s obligations hereunder.


 


(c)           “Btu” means the amount of heat
required to raise the temperature of one avoirdupois pound of pure water from
fifty-eight and five-tenths degrees (58.5) Fahrenheit to fifty-nine and five-tenths
degrees (59.5) Fahrenheit at a constant pressure of fourteen and seventy-three
hundredths (14.73) Psia. Where appropriate, Btu shall mean the plural of the
aforementioned definition.


 


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(d)           “Construction
and Installation Fee” means the actual costs incurred by Gatherer
(including labor, tools, materials, equipment and overhead expenses incurred by
Gatherer) for the development, design, construction and completion activities
for the Interconnect Facilities.


 


(e)           “Custody
Transfer Point” means the inlet flange of the meter with respect to any
Interconnect.


 


(f)            “Customer
Interconnect Facilities” means each Interconnect Facilities situated
upstream of any Custody Transfer Point.


 


(g)           “Dry Gas” means Gas containing no water vapor.


 


(h)           “Existing
Interconnects” means the Interconnects currently existing as of the date of
this Agreement.


 


(i)            “Gas”
means a mixture of hydrocarbon and nonhydrocarbon gases, and shall include
casinghead gas produced with crude oil, gas produced from gas wells, including
coalbed methane wells, and residue gas resulting from processing both
casinghead gas and gas well gas.


 


(j)            “Gatherer Interconnect Facilities”
means each Interconnect Facilities situated downstream of the Custody Transfer
Point.


 


(k)           “Governmental
Authority” means any government and/or any political subdivision thereof,
including departments, courts, commissions, boards, bureaus, ministries,
agencies or other instrumentalities.


 


(1)           “Gross Heating Value” means the number of Btu’s liberated by the
complete combustion of constant pressure of one (1) cubic foot of Dry Gas,
at a base temperature of sixty (60) degrees Fahrenheit and a referenced pressure base of fourteen and seventy-three hundredths
(14.73) Psia, with air of the same temperature and pressure of the Gas, after
products of combustion are cooled to the initial temperature of the Gas, and
after the water of the combustion is condensed to a liquid state. The Gross
Heating Value of the Gas shall be corrected for the water vapor content of the
Gas being delivered; provided, however that if the water vapor content of the
Gas is seven (7) pounds or less per one million (1,000,000) cubic feet,
the Gas shall be deemed to be dry and no correction will be made.


 


(m)          “Interconnect”
means each point of interconnection between each Well and the Gatherer’s
natural gas gathering lines as
set forth in the Appendices
attached hereto, as amended and/or supplemented from time-to-time.


 


(n)           “Interconnect
Facilities” is defined in Section 3.1 of this Agreement.


 


(o)           “Mcf”
means one thousand (1,000) cubic feet of Gas.


 


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(p)           “MMBtu” means one million
(1,000,000) Btu’s.


 


(q)           “Well”
means a well in which Customer (and/or a member of Gatherer for which Customer
is marketing Gas) has a working interest.


 


ARTICLE 2

PURPOSE
AND PROCEDURES FOR DESIGN, APPROVAL, INSTALLATION AND 

ACTIVATION OF FACILITIES


 


Section 2.1
               Agreement. This
Agreement establishes the general terms and conditions under which Customer and
Gatherer will provide for (i) the proper design, installation, operation,
maintenance and cost responsibility for new Interconnects and corresponding
Interconnect Facilities and (ii) the proper operation, maintenance and
cost responsibility for Existing Interconnects.


 


Section 2.2
               Base Agreement. Customer
and Gatherer may utilize this Agreement as a vehicle for establishing multiple
Interconnects between Gatherer’s natural gas gathering lines and Customer’s
Wells. The specifications for individual Interconnect Facilities (other than
Existing· Interconnects) will be established in a separate appendix
(hereinafter “Appendix” or “Appendices”) in the form attached hereto.


 


Section 2.3                Application. Customer shall provide
complete and accurate information to Gatherer in connection with any request
for a proposed new Interconnect, which information shall include, at a minimum,
(i) the location of such
Interconnect and associated Interconnect Facilities, (ii) the proposed
maximum allowable operating pressure at the Interconnect, (iii) the
desired date for completion of such Interconnect, (iv) Customer’s
estimated maximum, minimum and average volumes of Gas to be delivered through
such Interconnect on a daily
basis and (v) Customer’s estimated maximum, minimum and average
delivery/receipt pressures through such Interconnect.


 


Section 2.4
               Design Specifications.
(a) Customer shall submit to Gatherer for Gatherer’s
prior approval (which approval shall not be unreasonably withheld, conditioned
or delayed) complete design specifications for each proposed Customer
Interconnect Facilities prior to site work or construction of any such
facilities. Customer agrees to make
those changes to such design and construction plans as Gatherer, in its
reasonable discretion, believes are necessary for the safe and reliable
delivery of Gas into Gatherer’s natural gas gathering lines. Gatherer shall
promptly signify its approval by returning one set of drawings noted as “APPROVED”.
If approval of such proposed Customer Interconnect Facilities is initially
denied, the Parties shall meet to discuss any necessary modifications to the
design of such Customer Interconnect Facilities.


 


(b) Gatherer
shall submit to Customer complete design specifications for each proposed
Gatherer Interconnect Facilities.


 


Section 2.5
               Installation. Upon
Gatherer’s approval of the drawings and design for Customer Interconnect
Facilities, Customer and Gatherer shall promptly coordinate the scheduling of
construction and installation of each (a) Customer Interconnect Facilities
by


 


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Customer and (b) Gatherer
Interconnect Facilities by Gatherer. Gatherer shall have no obligation to
commence construction or installation
work on any Gatherer Interconnect Facilities until Customer has satisfied all
of its prerequisite obligations under this Agreement.


 


Section 2.6
           Activation of Facilities.
Activation of each Interconnect shall be contingent upon readiness of Gatherer’s
gas control department (which shall not unreasonably delay activation of such
Interconnect), as well as completion of all construction and installation
activities as specified and agreed upon by and between Gatherer and Customer.
Gatherer shall notify Customer when such Interconnect is activated. Gatherer
acknowledges that the Existing Interconnects and associated facilities are
currently activated for deliveries of Gas.


 


ARTICLE 3

INTERCONNECT FACILITIES


 


Section 3.1
           Interconnect Facilities.
Each Interconnect facilities (other than for Existing Interconnects) shall be
comprised of equipment which includes (i) gas measurement equipment, (ii) overpressure
protection, (iii) certain interconnect piping facilities including a check
valve and an insulated/welded tie-in connection and (iv) such other
facilities as may be reasonably required by Gatherer (collectively “Interconnect
Facilities”) at each Interconnect,
and shall include the Customer Interconnect Facilities and the Gatherer
Interconnect Facilities. Notwithstanding the foregoing, the Interconnect
Facilities shall not include the pipelines and equipment upstream of the meter
for each Interconnect unless required by Gatherer as part of the design
specifications for the applicable Customer Interconnect Facilities. The
Customer Interconnect Facilities shall be designed, installed, operated,
maintained and owned by Customer, and the Gatherer Interconnect Facilities
shall be designed, installed, operated, maintained and owned by Gatherer, as
agreed and as’ set forth in Appendix A. The minimum engineering and
technical specifications for each Interconnect Facilities are further detailed
in Appendix B. All costs associated with any
Interconnect Facilities shall be Customer’s responsibility, and any such costs
borne or paid by Gatherer shall be reimbursed by Customer. through the
Construction and Installation Fee.


 


Section 3.2
           Debris and Obstructions.
Each Customer Interconnect Facilities shall be cleared of all debris,
obstructions and contaminants before they are connected to any Gatherer
Interconnect Facilities.


 


ARTICLE 4

OWNERSHIP OF INTERCONNECT FACILITIES


 


Section 4.1
           Gatherer’s Facilities.
Gatherer shall own, and Gatherer shall design, install, operate and maintain
each Gatherer Interconnect Facilities, as more specifically described in
Appendix A.


 


Section 4.2
           Customer’s Facilities.
Customer shall own (on its behalf and on behalf’ of any co-owners in the
applicable Well), and Customer shall design, install, operate and maintain each
Customer Interconnect Facilities, as more specifically described in Appendix A.


 


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ARTICLE 5

INTERCONNECTION OPERATIONS


 


Section 5.1        Commencement of
Operation. Provided that Customer has notified Gatherer, in writing,
that the applicable Customer Interconnect Facilities are complete, then
Gatherer shall notify Customer, in writing, when the associated Interconnect
Facilities are complete, tested and ready for activation. Unless otherwise
instructed by Gatherer, receipts and/or deliveries of Gas at such Interconnect
Facilities may commence as soon as all Authorizations have been granted, the
necessary facilities have been completed, a gathering agreement is in place
with Customer or its purchaser of such Gas and Customer has satisfied the
material terms and conditions of this Agreement. Gatherer shall be responsible
for the coordination, installation, testing, and physical final tie-in of each
Interconnect Facilities to Gatherer’s natural gas gathering lines. Gatherer
shall develop, coordinate, and oversee all operations associated with purging
the meter set and piping into service. All such tie-in activities shall be
Customer’s financial responsibility, and any such costs borne or paid by
Gatherer shall be reimbursed by Customer through the Construction and
Installation Fee.


 


Section 5.2        Gathering Obligations.
Customer will deliver its Gas at the Custody Transfer Point on each
lnterconnect to its purchaser of such Gas (or if Customer is marketing such
Gas, to Gatherer) and Gatherer will receive Gas from such purchaser at such
Custody Transfer Point (or if Customer is marketing such Gas, from Customer),
provided that Customer or any party utilizing such Interconnect on behalf of
Customer (including Customer’s purchaser of such Gas), has entered into a valid
gathering agreement with Gatherer. Notwithstanding anything in this Agreement
to the contrary, delivery of Gas by Customer to its purchaser at the Custody
Transfer Point shall not diminish, alleviate or alter any Customer’s
obligations hereunder. If Customer is selling its Gas to its purchaser at the
Custody Transfer Point, Customer agrees that if Gas is delivered at the Custody
Transfer Point and its purchaser fails to nominate deliveries of such Gas, it
shall not claim that Gatherer has converted or stolen such Gas.


 


Section 5.3        Environmental
Responsibility. Each Party represents that no hazardous substance as
that term is defined in the Federal Comprehensive Environmental Response
Compensation Liability Act (CERCLA), petroleum or petroleum products, “asbestos
material” as that term is defined in 40 CFR 61.41(1987), polychlorinated
biphenyls (PCBs), or “solid waste” as that term is defined in the Federal
Resource Conservation Recovery Act (RCRA),
will be leaked, spilled, deposited or otherwise released by either Party
on the other Party’s property. In the event that any of said above referenced
materials are discovered on said property, the discovering Party shall
immediately notify the other Party of the discovery and existence of said
materials. In the event of either Party’s breach of the warranty contained in
this Section, as between the Parties hereto the full responsibility for the
proper handling, remediation, treatment, storage or disposal of any such
hazardous substance, petroleum or petroleum product, asbestos material, PCBs or
solid waste discovered on said property, including the handling of such
materials in compliance with all environmental laws including federal, state
and local laws, rules and regulations, shall remain with such Party who is
responsible for the leak, spill, deposit or release, and such Party shall
indemnify the other Party for any loss, cost, injury, damage to persons or
property, or fines, penalties or compliance order issued by any Governmental


 


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Authority relating to
pollution or protection of the environment, including without limitation, laws
and regulations relating to emissions, discharges, releases or threatened
releases of chemicals, pollutants, contaminants, waste petroleum, toxic
substances and hazardous substances occurring on said property. This Section shall
survive the termination of this Agreement.


 


Section 5.4        Facility Improvements.
Gatherer retains the unilateral right to
change the operation of its natural gas gathering lines and/or upgrade
its system. Such operational changes may require the adjustment and/or addition
of equipment and facilities by Customer in order to maintain delivery of Gas
volumes that it desires to deliver at each Custody Transfer Point. As between the
Parties, the cost of any such adjustment and/or addition of equipment and
facilities requirements will be borne entirely by Customer.


 


Section 5.5        Shut-In.
Gatherer retains the unilateral right to immediately shut-in or cause Customer
to shut-in any Interconnect the continued operation of which, in Gatherer’s
sole and reasonable judgment, threatens the integrity and safe operation of
Gatherer’s natural gas gathering lines.


 


Section 5.6        Notice of Maintenance
or Repairs. To the extent possible, each Party shall advise the other
Party in writing at least fifteen (15) calendar days before taking any of its
Interconnect Facilities out of service for maintenance or repairs lasting more
than seven (7) calendar days. After all maintenance and repairs have been
completed, the Party making repairs shall immediately reconnect such
Interconnect Facilities and resume service (subject to, in the case of
maintenance or repairs by Customer to any Customer Interconnect Facilities, two
(2) business days’ advance notification to Gatherer).


 


Section 5.7        Facilities. Abandonment.
In the event Gatherer, in its reasonable discretion because of operational
reasons, surface rights issues or reasons of third party constraints, should
ever abandon, retire or cease to operate, in
whole or in part, its natural gas gathering lines, then Gatherer may, in
its sale and reasonable discretion, and without further obligation, terminate
this Agreement, as it relates -to the
Interconnects utilizing such lines, upon not less than sixty (60) calendar days’
prior written notice to Customer.


 


ARTICLE 6

TERM


 


Section 6.1        Term. The
term of this Agreement shall commence on
                    ,
2007 regardless of when executed, and shall continue for a term of ten (10) years
(the “Initial Term”). Unless either Party provides not less than sixty (60)
days prior written notice to the other Party on or before the expiration of the
Initial Term, or if applicable the anniversary date of the Initial Term, the
term of this Agreement shall be automatically extended for additional one-year
periods. The obligations of Customer to indemnify Gatherer pursuant hereto
shall survive the termination or cancellation of this Agreement and the
Appendices.


 


Section 6.2        Disconnection. In
the event either Party desires to disconnect the Customer Interconnect
Facilities from the Gatherer
Interconnect Facilities, the initiating Party


 


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shall tender not less
than sixty (60) calendar days advance written notice to the other Party of such
intent, and upon such disconnection of facilities, this Agreement shall
terminate with respect to the Interconnect associated with such Interconnect
Facilities. The Parties agree that such disconnection shall not occur during
the Initial Term, unless mutually agreed by both Parties or mandated by an
action of any Governmental Authority. Each Party shall be responsible for all
costs of abandonment and/or removal of their respective facilities. Any
disconnection shall be in accordance with the requirements of any Governmental
Authority having jurisdiction.


 


ARTICLE 7


BILLING AND PAYMENT


 


Section 7.1        Quantities Deemed
Conclusive. Gatherer’s statement of the total quantity of Gas received
at the Custody Transfer Point from Customer during any month shall be deemed
conclusive unless Customer forwards an objection to Gatherer in writing within
twenty-four (24) months after the receipt of Gatherer’s statement.


 


Section 7.2        Remedies for Adverse
Claims. In the event of any adverse claim to any Gas received under
this Agreement, or any part thereof, is made by any person, Gatherer may refuse
to receive such Gas under this Agreement until the dispute is settled by
agreement between Customer and such person or by a decree of a court of
competent jurisdiction.


 


ARTICLE 8


OPERATIONAL COSTS TO BE BORNE BY
CUSTOMER


 


Section 8.1        Gas Quality and
Monitoring Costs. As between the Parties, Customer shall be solely
responsible for all costs and charges associated with the installation, operation
and maintenance of Customer Interconnect Facilities required to monitor, ensure
and maintain the quality of Gas delivered by Customer at a Custody Transfer
Point and all costs associated with quality remediation. Gatherer shall have
access to facilities and all devices and shall have the right, but not the
obligation, to operate such facilities and devices.


 


Section 8.2        Customer Facilities
Costs. As between the Parties, Customer shall be solely responsible for
all costs and charges associated with monitoring, ensuring and maintaining the
safe and reliable operation of each Customer Interconnect Facilities. Gatherer
reserves the right to refuse receipts and/or deliveries of Gas through any
Interconnect hereunder if Gatherer, in its sole and reasonable judgment, deems
the operation of Customer’s facilities to be harmful to Gatherer’s natural gas
gathering lines.


 


ARTICLE 9


FAILURE TO PERFORM


 


Section 9.1        Suspension. If
Customer fails to materially comply with any of the covenants contained in this
Agreement with respect to any Interconnect, Gatherer may refuse to allow Gas to
flow through such Interconnect until, in Gatherer’s sole and reasonable
opinion, Customer is materially complying with all of the terms and conditions
of this Agreement with respect to such Interconnect. Gatherer, in its sole
judgment, shall have the right to shut-in any


 


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Interconnect immediately
if any equipment with respect thereto is not operating properly, an
overpressure condition with respect thereto exists, design limitations with
respect thereto are exceeded, or safe operating conditions with respect thereto
are compromised. Furthermore, Gatherer has the right to keep such Interconnect
shut-in until Customer makes the necessary provisions to rectify the situation.
If the aforementioned conditions repeatedly arise, Gatherer has the right to
shut-in such Interconnect affected thereby indefinitely, and/or terminate this
Agreement with respect to such Interconnect.


 


Customer shall
reimburse Gatherer for any damages caused by Customer failing to comply with
any of the covenants contained in this Agreement, including payments made by
Gatherer to other affected customers in settlement of claims arising out of
such service. To the extent any damages required to be paid hereunder are
liquidated, the Parties acknowledge that the damages are difficult or
impossible to determine, otherwise obtaining an adequate remedy is
inconvenient, and the liquidated damages constitute a reasonable approximation
of the harm or loss.


 


If any dispute
between Customer and Gatherer results in third-party litigation (i.e.
litigation other than between Customer and Gatherer), Gatherer may interplead
all claimants that have an interest in such dispute, including Customer.


 


Section 9.2        Damages. IN NO
EVENT WILL EITHER PARTY BE RESPONSIBLE, EITHER UNDER THIS ARTICLE IX OR UNDER
ANY OTHER TERM OR PROVISION OF THIS AGREEMENT, FOR INCIDENTAL, CONSEQUENTIAL,
SPECIAL, OR PUNITIVE DAMAGES.


 


Section 9.3        Indemnity.
Customer agrees to indemnify, hold harmless and provide a defense for Gatherer,
its officers, directors, members, affiliates, agents, employees and contractors
against any liability, loss, cost or damage whatsoever (including, without
limitation, claims for royalties, taxes, fees or other charges) occurring in
connection with or relating in any way to (i) breach of this Agreement by Customer; (ii) the
negligence or other tortious act(s) or omission(s) by Customer, its
officers, directors, affiliates (other than Gatherer), agents, employees or
contractors; (iii) the Gas prior to its
delivery at the Custody Transfer Point; (iv) Customer’s title to the Gas
upon delivery at the Custody Transfer Point; and/or (v) the Gas to the
extent the claim, liability, or damage arises as a result of the quality of the
Gas delivered by Customer or other condition of the Gas. Such indemnification
shall include, but not be limited to, all costs and attorneys’ fees, whether or
not such liability, loss, cost or damage results from any demand, claim,
action, cause of action, or suit brought by Customer or by any person,
association or entity, public or private, that is not a Party to this
Agreement.


 


ARTICLE 10


PRESSURE, GAS QUALITY AND REATING
VALUE


 


Section 10.1      Regulation.
Gatherer may require regulation and shall require over-pressure protection at
each Interconnect under this Agreement. Such regulation shall ensure pressures
compatible with Gatherer’s operating pressures in Gatherer’s natural gas
gathering lines. Gatherer shall specify and/or approve the type of regulators
to be used and, among other


 


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specifications, shall
specify pressure ranges and operating settings. All costs associated with such
equipment, including installation costs, shall be Customer’s responsibility,
and any such costs borne or paid by Gatherer shall be reimbursed by Customer
through the Construction and Installation Fee.


 


Section 10.2      Compression.
Customer shall not use any mechanical means or accessory equipment to pump or
compress Gas to aid its delivery at any Custody Transfer Point without the
express prior written consent of Gatherer (which consent shall not be
unreasonably withheld, conditioned or delayed). Without limiting the foregoing,
any compression utilized at, or immediately upstream of, the Interconnect shall
meet, at a minimum, the following safety criteria:


 


Compressor units
must have low-pressure shutdown controls on the suction of the compressors to
preclude drawing air into the system. If Customer desires to operate the
suction system with less than a two (2) psig minimum inlet pressure, an
oxygen sensor shall be installed on the inlet of the suction line so as to
automatically shut down the system when oxygen is detected at levels above two
thousand (2,000) parts per million (0.2%).


 


Section 10.3      Pressure in Gatherer’s System.
Gatherer makes no representations or warranties concerning the pressure which
will be maintained in its natural gas gathering lines from time-to-time or with
respect to any other factors which may affect the quantity of Gas which
Customer may be able to deliver at the Custody Transfer Point. Gatherer
reserves the right to upgrade, when necessary, pipeline operating pressures
with no obligation to Customer, other than providing reasonable notification of
such matters.


 


Section 10.4      Gas Quality. All
Gas delivered by Customer at the Custody Transfer Point shall at all times
conform to the gas quality and heat content requirements established by the
applicable downstream receiver or transporter of such Gas, and such other gas
quality and heat content standards as Gatherer may reasonably impose. In the
event that the downstream receiver or transporter of the Gas is subject· toad
valid FERC Gas Tariff, the Gas delivered by Customer at the Custody Transfer
Point shall at all times conform to the quality provisions of such FERC Gas
Tariff, which provisions are incorporated herein by reference. Before Gatherer
permits any flow of any amount of Gas into its system, Customer shall provide
Gatherer with a certified gas analysis from a Gatherer-approved agency denoting
that the Gas proposed to be delivered at the Custody Transfer Point meets
and/or exceeds those requirements.


 


Section 10.5      Temperature. Gas
delivered at the Custody Transfer Point by Customer shall not exceed one
hundred degrees Fahrenheit (100°F). Gas having a temperature greater than one
hundred degrees Fahrenheit (l00°F) may be delivered at the Custody Transfer
Point only upon prior written approval (which approval shall not be
unreasonably withheld, conditioned or delayed) by Gatherer.


 


Section 10.6      Monitoring. After
initial deliveries are received, Gatherer reserves the right to annually sample
Customer’s Gas (to the extent not sampled under the gathering agreement
covering such Gas), or, if reasonable, require Customer to acquire and install
continuous, on-line monitoring equipment, at the applicable Interconnect
Facilities in order to


 


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validate the gas quality.
If the analysis indicates that Gatherer’s Gas quality specifications are not
being met, Gatherer reserves the right to shut-in deliveries at such
Interconnect Facilities indefinitely until Customer makes the necessary
provisions to fully comply with the gas quality requirements and/or take such
other action as may be available under this Agreement.


 


Section 10.7      Gas Taken and Co-mingled.
Gatherer shall accept Gas taken at each Custody Transfer Point in accordance
with this Agreement. Such Gas shall be taken in its natural state, except as
otherwise provided in this Agreement, at the pressure of the Gas flowing from
Customer’s Interconnect Facilities and discharging at the Custody Transfer
Point, against the varying pressures from time to time maintained therein. From
the time Customer’s Gas is received at the Custody Transfer Point, Gatherer
shall have the right to commingle such Gas with other Gas in its natural gas
gathering lines.


 


ARTICLE 11


MEASUREMENT FACILITIES


 


Section 11.1      Measurement Facilities.
Gas delivered by Customer at the Custody Transfer Point shall be measured at a
site satisfactory to Gatherer using measurement equipment designated by
Gatherer. The Parties acknowledge that all or some of the measurement and other
appurtenant facilities required by this Agreement may not be in existence as of
the date of execution of this Agreement. If the facilities required by this
Agreement are not in existence as of the date of execution of this Agreement,
the Parties shall work in good faith to install such facilities within ninety
(90) calendar days, or such other period as may be agreed to by the Parties in
writing. The measurement facilities shall be designed, installed, operated,
maintained and owned by Gatherer as set forth in Appendix A, and such measurement facilities shall be a part of the Gatherer
Interconnect Facilities. Gatherer shall be the measuring party and shall read
all meters. At any time after the termination of this Agreement, Gatherer shall
have the right to remove its facilities. Customer shall be solely responsible
for and shall bear the full costs of delivering Gas to the Custody Transfer
Point.


 


Section 11.2      Pipeline Safety.
Gatherer agrees to operate, maintain, test, and repair the Gatherer
Interconnect Facilities as a prudent operator in accordance with any and all
applicable state regulatory regulations and requirements, and all other
applicable industry codes and standards, all at Customer’s expense.


 


Section 11.3 Measurement Site
Access. Except with respect to lands covered by that
certain Easement Agreement of even date herewith between Pine Mountain Oil and
Gas, Inc. and Gatherer, Customer shall provide Gatherer with the necessary
rights-of-way, permits, and related surface rights, including the rights of
ingress, egress and regress, necessary for Gatherer to construct operate and
maintain each Gatherer Interconnect Facilities, to tie-in such Interconnect Facilities
and to access each Customer Interconnect Facilities, (in each case) free of all
costs and from all claims and liabilities for damages arising out of the
installation or the construction ·of such facilities. Customer and Gatherer
must agree beforehand to the location of the meter set and final tie-in
location. Customer shall satisfy itself as to the character and types of
surface and subsurface materials to be encountered in construction of each
Interconnect Facilities. Customer’s right-of-way shall be cleared of all debris
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Interconnect Facilities
are tied into the Gatherer Interconnect Facilities. The meter set associated
with such Interconnect Facilities shall be readily accessible, located in an
area that is not susceptible to vehicular or other damage but as near as
practical to the final tie-in point, and be enclosed within a locked fence or
building. All costs associated with Customer’s obligations under of this
section shall be Customer’s responsibility, and any such costs borne or paid by
Gatherer shall be reimbursed by Customer through the Construction and
Installation Fee. To the extent that Gatherer is at any time required to pay
for such rights-of-way or incur such costs or claims or liabilities, then such
amounts and related expenses shall be reimbursed by Customer via the
Construction and Installation Fee.


 


Section 11.4      Check Measurement.
Customer may install, maintain and operate, at its sole cost and expense, check
measuring equipment in connection with the Customer Interconnect Facilities;
provided, however, that such equipment shall be installed in a manner that will
not interfere with the operation of the measuring equipment required by this
Agreement.


 


Section 11.5      Orifice Meters.
Orifice meters installed at any measurement site shall be constructed and
operated in accordance with American National Standard Institute (“ANSI”)
standards, American Petroleum Institute (“API”) 2530, American Gas Association
(“AGA”) AGA Report No. 3, Orifice Metering of Natural Gas and Other
Related Hydrocarbon Fluids, Second Edition, dated September 1985, and
any subsequent modifications and amendments thereto, and shall include the use
of flange connections and, where necessary, straightening vanes, temperature
correcting devices and pulsation dampening equipment.


 


Section 11.6      Positive Displacement
Meters. Positive Displacement Meters installed at any measurement site
shall be constructed and operated in accordance with provisions of AGA
Measurement Committee Report No. 6 (AGA Report No. 6) dated January 1971,
and any subsequent amendment or revisions thereof.


 


Section 11.7      Turbine Meters.
Turbine Meters installed at any measurement site shall be constructed and operated in accordance with the provisions of
AGA Measurement Committee Report No. 7 (AGA Report No. 7), First
Revision, dated November 1984, and any subsequent modifications and
amendments thereof.


 


Section 11.8      Electronics. When
and where electronic equipment and flow computers are installed at any
measurement site, the Gas may have its volume, mass and/or energy content
determined and computed in accordance with the applicable AGA Standards
including, but not limited to, AGA Report Nos. 3, 5, 6, and 7 and any
subsequent modifications and amendments thereto.


 


Section 11.9      Notice. Gatherer
shall give reasonable notice to Customer in order that Customer may have
representatives present to observe any installing, reading, cleaning, changing,
repairing, inspecting, testing, calibrating, or adjusting of any measuring
equipment used in measuring or checking the measurement of receipts or
deliveries of Gas under this Agreement. The official charts (recordings) from
such measuring equipment shall be the property of Gatherer, but upon request
Gatherer will make the records and charts, together with calculations
therefrom, available to Customer for inspection and verification.


 


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Section 11.10          Testing and
Calibration:


 


(a)                                     Gatherer
shall have the right, at any time, to verify the accuracy of and to adjust and
calibrate all recording devices used in the measurement of Gas hereunder.
Customer may request a special test be performed as described in Section 11.11
below.


 


(b)                                    If
during any test of the measuring equipment, an adjustment or calibration error
is found which results in an incremental adjustment to the calculated hourly
flow rate through each meter set in excess of two percent (2%) of the correct
flow rate (whether positive or negative and using the correct flow rate as the
percent error equation denominator), then any previous recording of such
equipment shall be corrected to zero error in computing deliveries for any
period during which the error existed (and which is either known definitely or
agreed to by both Parties) and the total flow for the period predetermined in
accordance with the provisions of Section 11.12 below. If the period of
error cannot be determined or agreed upon between the Parties, such correction
shall be made over a period extending over the last one-half (1/2) of the time
elapsed since the date of the latest test, not exceeding a correction period of
six (6) months.


 


(c)                                     If,
during any test of the measuring equipment, an adjustment or calibration error
is found which results in an incremental adjustment to the calculated hourly
flow rate which does not exceed two percent (2%) of the adjusted flow rate (as
described in part (b) of this Section), all prior recording shall be
considered to be accurate for quantity determination purposes.


 


(d)                                    All
equipment shall, in any case, be adjusted at the time of the test to record
correctly.


 


Section 11.11          Special Test.
In the event Customer desires a special test (a test not scheduled by Gatherer
under the provisions of Section 11.10 above) of any measuring equipment,
seventy-two (72) hours advance notice, in writing, shall be given to Gatherer
and both Parties shall cooperate to secure a prompt test of the accuracy of
such equipment. If the measuring equipment tested is found to fall under the
provisions of Section 11.1 (c) above or if an inspection of the
primary measurement equipment indicates no problems, Gatherer shall have the
right to bill Customer for the cost of such special test, including the cost of
any labor, gathering and other costs pertaining to such special test, and
Customer shall pay such costs.


 


Section 11.12          Measuring Adjustment.
If, for any reason, any measurement equipment is (i) out of adjustment, (ii) out
of service, or (iii) out of repair and the total calculated hourly flow
rate through each meter set is found to be in error by an amount of the
magnitude described in Section 11.1 (b) above, the total quantity of
Gas delivered shall be determined by Gatherer in accordance with the first of
the following methods which is, in Gatherer’s sale and reasonable opinion,
feasible:


 


(a)                                     by
using the registration of any mutually agreeable check metering facility, if installed
and accurately registering (subject to testing as described in Section 11.10
above);


 


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(b)                                    where
parallel multiple meter sets exist, by calculation using the registration of
such parallel meter sets; provided that they are measuring Gas from upstream
and downstream headers in common with the faulty metering equipment, are not
controlled by separate regulators, and are accurately registering;


 


(c)                                     by
correcting the error by re-reading of the official charts, or by
straightforward application of a correction factor to the quantities recorded
for the period (if the net percentage of error is ascertainable by calibration,
tests or mathematical calculation); or


 


(d)                                    by
estimating the quantity, based upon
deliveries made during periods of similar conditions when the meter was
registering accurately.


 


The
estimated readings or deliveries so determined shall be used in determining the
quantities of Gas delivered for any known or
agreed upon applicable period. In case the period is not known or agreed upon,
such estimated deliveries shall be used in determining the quantities of Gas
delivered hereunder during the latter half of the period from the date of the
immediately preceding test to the date the measuring equipment has been
adjusted to record accurately. The recordings of the measuring equipment during
the first half of said period shall be considered accurate in computing
deliveries.


 


Section 11.13          Measurement Corrections. If an error is discovered in the measured
quantities, such error shall be adjusted within thirty (30) calendar days of
the determination thereof; provided, however, that any claim for adjustment shall
be made within twenty-four (24) months of the delivery month in which the
claimed error occurred. Such time limits shall not apply in the case of a
deliberate act of omission or misrepresentation, or mutual mistake of fact.


 


Section 11.14          Termination. If Gatherer determines based on reasonable
evidence that Customer has tampered with the measurement equipment so as to
misrepresent the actual volume of Gas delivered through any Interconnect, Gatherer
has the right to immediately shut-in such Interconnect for an indefinite period
of time and may terminate this and any other agreement(s) with Customer
(in each case) with respect to such Interconnect.


 


Section 11.15          Data and Records Retention. Gatherer and Customer shall retain and
preserve for a period of at least two (2) years all measurement data, charts,
and other similar records.


 


Section 11.16          Volume and Quality
Determination. The
measurement of the quantity and quality of all Gas received and delivered
hereunder shall be conducted in accordance with the following:


 


(a)                                     Unit of Volume. The unit of volume for measurement shall be
one (1) cubic foot of Gas. Such measured volumes, converted to Mcf, shall
be multiplied by their Gross Heating Value per cubic foot and divided by 1,000
to determine MMBtus received and delivered hereunder.


 


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(b)                                    Orifice Meter Volume Computations. Computations of Gas Volumes from measurement
data shall be made in accordance with ANSI/API2530
(AGA Report No. 3), Orifice Metering of Natural Gas and Other Related
Hydrocarbon Fluids, Second Edition, dated September 1985, and any
subsequent amendments or revisions.


 


(c)                                     Positive Displacement Meter Volume Computation. Computation of Gas Volumes from data shall
be in accordance with the AGA Measurement Committee Report No. 6 (AGA Report
6), dated January 1971, and any subsequent amendments or revisions.


 


(d)                                    Turbine Meter Volume Computations. Computations of Gas Volumes from data shall
be in accordance with AGA Measurement Committee Report No. 7 (AGA Report 7),
First Revisions, dated November 1984, and any subsequent amendments or
revisions.


 


(e)                                     Electronic Devices and Flow Computers Volume
Computations. Computation of
Gas Volumes from data or devices shall be in accordance with AGA Measurement
Committee Report Nos. 3, 5, 6, and 7, and any subsequent amendments or
revisions.


 


(f)                                       Assumed Atmospheric Pressure. An assumed atmospheric pressure of fourteen
and seventy-three hundredths (14.73) Psia for the respective Interconnect shall
be utilized for measurement and calculation purposes, irrespective of any
variation of the actual atmospheric pressure from the assumed atmospheric
pressure.


 


(g)                                    Gross Heating Value. At least yearly, the Gross Heating Value of
the Gas stream at each of the Interconnects hereunder shall be determined by
using a Cutler-Hammer or other standard type calorimeter or by calculating the
Gross Heating Value from an in-line chromatograph or a gas analysis of a spot
or continuous Gas sample. The spot or continuous sample shall be taken at a
suitable point on the facilities to be representative of the Gas being
analyzed. Customer has the right to request the determination of the Gross
Heating Value of the Gas stream at each Custody Transfer Point in accordance
with the above methodology.


 


(h)                                    Other Tests. Other tests to determine water content, sulfur, and other impurities
in the Gas shall be conducted by Gatherer as necessary and shall be conducted
in accordance with standard industry testing procedures.


 


(i)                                        New Test Methods. If at any time during the term hereof a new
method or technique is developed with respect to gas measurement, such new
method or technique may be substituted for the method set forth in this Article when
such methods or techniques are in accordance with the currently accepted
standards of the American Gas Association, if mutually agreed upon by the
Parties.


 


Section 11.17             Right
of Inspections. Gatherer or Customer shall
have the right to inspect equipment installed or furnished by the other or
third party operators and the charts and other measurement or testing data of
all such parties at all times during business hours; but the


 


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reading, calibration and
adjustment of such equipment and changing of charts shall be done by Gatherer,
unless agreed to otherwise by the Parties. Gatherer and Customer shall preserve
all original test data, charts and other similar records in such Party’s
possession for a period of twenty-four (24) months.


 


Section 11.18   Low Volumes for Receipt
Points.


 


(a)            In the
event that Customer does not deliver an average of three (3) Mcf of Gas
per day for any ninety (90) consecutive days at any Custody Transfer Point,
then Gatherer may, at its sole and reasonable discretion, terminate this
Agreement as it relates to the Interconnect associated with such Custody
Transfer Point by giving Customer notice in writing sixty (60) calendar days
prior to the effective date of termination unless:


 


(i)             Customer agrees to
reimburse Gatherer for Gatherer’s expenses associated with the operation or
maintenance of such Interconnect, or


 


(ii)            Customer agrees to
assume responsibility for the operation and maintenance of and measurement at
the Interconnect, subject to the provisions of a Gas Measurement and Operation
Agreement between Customer and Gatherer, and subject to compliance with the
provisions of this Agreement regarding measurement.


 


(b)            In the
event that the amount of Gas passing through any Interconnect is less than the facility
minimum design requirements for accurate measurement, Gatherer has the
right to shut-in such Gas from Customer until (i) Customer has provided
adequate Gas supply to meet such design requirements and has proven to Gatherer
that such volumes exist, and/or (ii) the metering and related facilities have
been redesigned and installed for effectively and efficiently measuring the
revised volumes within the accuracy allowed and required by Gatherer.


 


(c)            Gatherer
shall have the right to shut-in any Interconnect upon sixty (60) calendar days
advance written notice to Customer if Customer has not flowed any Gas through
such Interconnect during the previous period of twelve (12) consecutive months.
Furthermore, Gatherer has the right to keep such Interconnect shut-in
indefinitely, disconnect or remove such Interconnect and/or terminate this
Agreement with respect to such Interconnect.


 


ARTICLE 12


REGULATORY APPROVALS


 


Section 12.1      Initial Regulatory Filing
Requirements. Both Gatherer and Customer are responsible for
identifying and obtaining any Authorizations that may be required for
construction and operation of each Interconnect Facilities contemplated by this
Agreement.


 


Section 12.2      Change in Regulation
Results in Material Adverse Effect. If any Governmental Authority,
whether state, federal or local, takes any action or issues any determination
that directly or indirectly results in a material adverse change to any
provision of


 


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this Agreement, then the
materially adversely affected Party (hereinafter “Affected Party”) may either:


 


(a)            continue
to fulfill its obligations under this Agreement as altered by the change in
regulation; or


 


(b)            shut-in the affected Interconnect
indefinitely and/or terminate this Agreement.


 


ARTICLE 13

ASSIGNMENT


 


Section 13.1      Assignment of this
Agreement. This Agreement shall be binding upon and inure to the
benefit of the successors and assigns of the respective Parties hereto, and the
covenants, conditions, rights and obligations of this Agreement shall run for
the full term of this Agreement. Any person which shall succeed by purchase of
all or substantially all the properties of Customer or Gatherer, as the case
may be, shall be entitled to the rights and shall be subject to the obligations
of its predecessor in title under this Agreement, subject to the restriction
below. Either Party may, Without relieving itself of its obligations under this
Agreement, assign any of its rights hereunder to an Affiliate of such Party.
Except to an Affiliate, neither Party shall assign this Agreement or any of the
rights or obligations hereunder without first obtaining the consent thereto in
writing from the other Party, which consent shall not be unreasonably withheld,
conditioned or delayed.


 


ARTICLE 14

NOTICE


 


Section 14.1      Notices. All
communications, invoices and payments (“Notices”) required hereunder may be
sent by facsimile, a nationally recognized overnight courier service, hand
delivered or via first class mail.


 


	
  Gatherer:

  	
  Customer:

  
	
   

  	
   

  
	
  Nora Gathering, LLC

  	
  Equitable Production Company

  
	
  225 North Shore Drive

  	
  225 North Shore Drive

  
	
  Pittsburgh, Pennsylvania 15212

  	
  Pittsburgh, Pennsylvania 15212

  
	
   

  	
   

  
	
  Attention: Gas Management Services

  	
  Attention: Corporate Secretary

  
	
  Phone:412-395-3228

  	
  Phone: (412)553-5700

  
	
  Facsimile: 412-395-3311

  	
  Facsimile: (412)553-7781

  



 


Section 14.2      Receipt of Communications.
Any notice required or permitted under this Agreement shall be in writing.
Notice shall be deemed to have been received (i) when transmitted by
facsimile (“FAX”) transmission, upon the sending Party’s receipt of its
facsimile’s confirmation thereof, (ii) when sent by overnight mail or
courier, on the next business day after it was sent or such earlier time as is
confirmed by the receiving Party, (iii) when


 


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delivered by hand, at the
time it is delivered to an officer or to a responsible employee of the
receiving Party and (iv) when delivered via First Class Mail, two (2) business
days after mailing. Any FAX communication shall be promptly confirmed by mail.
Either Party may change its address, telephone number, or FAX number at any
time by promptly giving notice of such change to the other Party. Either Party
may prospectively modify any notice information specified above by written
notice to the other Party.


 


ARTICLE 15

MISCELLANEOUS


 


Section 15.1      Choice of Law. This
Agreement and the legal relations between the Parties shall be governed by and
construed in accordance with the laws of the State of Virginia without regard
to principles of conflicts of laws that would direct the application of the
laws of another jurisdiction. Each of the Parties agrees that it shall bring any
action or proceeding in respect of any claim arising out of or related to this
Agreement or the transactions contemplated hereby exclusively in the Federal
Court for the Western District of Virginia (the “Chosen Court”) and, solely in
connection with claims arising under this Agreement or the
transactions contemplated hereby, (i) irrevocably submits to the exclusive
jurisdiction of the Chosen Court, (ii) waives any objection to laying
venue in any such action or proceeding in the Chosen Court, and (iii) waives
any objection that the Chosen Court is an inconvenient forum or does not have
jurisdiction over it. The foregoing consents to jurisdiction shall not
constitute general consents for any purpose except as provided herein and shall
not be deemed to confer rights on any person other than the Parties.


 


Section 15.2      Construction of this
Agreement. No presumption shall operate in favor of or against either
Party as a result of any responsibility either Party may have had for drafting
this Agreement.


 


Section 15.3      Execution. This
Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, and all of which together
shall constitute one and the same instrument. As used herein, the singular of
any term shall include the plural.


 


Section 15.4      Captions. The
article and section captions of this Agreement are for purposes of reference
only and shall not affect the meaning of any provision of this Agreement.


 


Section 15.5      Amendments. This
Agreement may only be amended or modified by written instrument signed by the
duly authorized representatives of Customer and Gatherer.


 


Section 15.6      Entire Agreement. This
Agreement, the Appendixes attached hereto, together with that certain Purchase
and Sale Agreement, dated as of the date hereof (the “PSA”), between
Equitable Production Company, a Pennsylvania corporation, and Pine Mountain Oil
and Gas, Inc., a Virginia corporation, the exhibits and schedules attached
thereto and the documents to be executed thereunder or in connection with a
condition to the closing thereof (the “Transaction Documents”), shall
constitute the entire agreement among the Parties and their Affiliates
pertaining to the subject matter of the Transaction Documents, and supersede
all prior


 


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agreements,
understandings, negotiations and discussions, whether oral or written, among
the Parties and their Affiliates regarding such subject matter. Each Appendix
shall be executed by duly authorized representatives of Gatherer and Customer
to signify acceptance of the terms and conditions set forth therein. Each duly
executed Appendix is hereby incorporated into and made a part of this
Agreement. In the event of
a conflict between the terms of any Appendix and the terms of this Agreement,
the terms of the Appendix shall govern.


 


Section 15.7      Severability. Upon a determination by a court of competent
jurisdiction that any term or other provision of this Agreement is invalid,
illegal or incapable of being enforced, then (i) all other conditions and
provisions of this Agreement shall nevertheless remain in full force and
effect, (ii) the Parties shall negotiate in good faith to modify this
Agreement to give effect to the original economic and legal intent of the
Parties as closely as possible in an acceptable manner to the end that the
transactions contemplated by the Transaction Documents are fulfilled to the
extent possible, and (iii) if the Parties are unable to agree on such
modifications to this Agreement and the economic or legal substance of the
transactions contemplated by the Transaction Documents is affected in any
manner materially adverse to any of the Parties, then the Transaction Documents
shall be interpreted to give effect to the original economic and legal intent
of the Parties as closely as possible in an acceptable manner to the end that
the transactions contemplated by the Transaction Documents are fulfilled to the
extent possible.


 


Section 15.8      Confidentiality.


 


(a)            “Confidential
Information” shall mean all confidential information that is furnished by any
Patty (the “Disclosing Party”) to any other Party in connection with the
purposes of this Agreement (the “Receiving Party”), whether written or oral and
in whatever form or medium it is provided and shall specifically include (i) this
Agreement, and (ii) all data, records, oral discussions and information
exchanged between the Parties.


 


(b)            The
following information shall not· be deemed to be Confidential Information and
the provisions of this Section 15.8 shall not apply to: (i) information which is or becomes generally
available to the public other than as a result of a disclosure in violation of
this Agreement; (ii) information which becomes available to the Receiving
Party on a non-confidential basis from a source other than a Disclosing Party
if such Receiving Party had no reason to believe that such source was subject
to any prohibition against transmitting the information to such Receiving
Party; and (iii) information independently developed by the Receiving
Party.


 


(c)            For
a period ending two (2) years after the expiration or termination of this
Agreement, each Receiving Party shall not disclose any Confidential Information
to any other person without the consent of the Disclosing Party, other than: (i) to
an actual or prospective financial advisor, lender, manager of an’ underwriting
syndicate, legal counsel, consultant, contractor or subcontractor, in each case
with a business need to be informed; (ii) to an actual or prospective
purchaser of all or any portion of the capital securities or assets of such
Party; (iii) to a Governmental Authority or a person to which the
Disclosing Party or its Affiliate is required by Applicable Law or the
applicable rules


 


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of any stock exchange or
securities regulatory authority to disclose the Confidential Information; and (iv) to
a natural gas purchaser, natural gas supplier, natural gas transporter, consultant,
contractor, subcontractor or legal counsel, in each case with a business need
to be informed.


 


(d)            In case
of a disclosure of Confidential Information to a third person permitted by this
Section 15.8, the Receiving Party disclosing such information shall ensure
that such third person has signed an agreement in writing or is otherwise bound
by an obligation of confidentiality at least as restrictive as those contained
in this Agreement to protect the Confidential Information from further
disclosure to the same extent as the Parties are obligated under this Section 15.8,
except in the case of any such person which is prevented from entering into
such an agreement in accordance with Applicable Law or disclosures permitted by
Section 15.8(c)(iii).


 


(e)            If a
Party reasonably believes it or any of its representatives is required by
Applicable Law or the applicable rules of any stock exchange or securities
regulatory authority (whether requested by oral question, interrogatory,
request for information or documents, subpoena, civil investigative demand,
similar law or legal process or otherwise) to disclose any Confidential
Information, such Party shall promptly notify the other Parties of such
requirement as soon as it becomes aware that such disclosure is required.


 


(f)             The
Parties recognize and agree that if any of the provisions of this Section 15.8
are not performed in accordance with their specific terms or are otherwise
breached, immediate and irreparable harm or injury may be caused for which
money damages would not be an adequate remedy. Accordingly, each Party hereby
agrees that, in addition to other remedies, the Parties shall be entitled to
seek an injunction restraining any violation or threatened violation of the
provisions of this Section 15.8, or to seek specific performance or other
equitable relief to enforce the
provisions of this Section 15.8.


 


Section 15.9     Audits.


 


(a)            Accounting
Audits: Each of Gatherer and Customer shall have the right to audit the
other Party’s accounting records and other documents relating to such Party’s
rights and obligations under this Agreement during any period ·of time within
the immediately preceding twenty-four (24) month period. This provision shall
continue in full force and effect for a period of twenty-four (24) months from
the effective date of cancellation or termination of this Agreement.


 


(b)            Field
Audits: Customer gives Gatherer permission to periodically come onto
Customer’s property in order to audit those facilities used to deliver/receive
Gas hereunder. Permission for ingress/egress includes personnel, vehicles, and
other equipment deemed necessary by Gatherer. Gatherer has permission to
perform all operating and maintenance functions associated with verifying the
integrity and functionality of equipment, piping, and appurtenances. If, in
Gatherer’s judgment,


 


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modifications are
necessary in order to assure proper operation of the equipment, Gatherer has
permission to remove and/or replace pipe, fittings, and equipment at the
Gatherer’s discretion and at the expense of the Customer.


 


Section 15.10   Waiver. Any waiver
by either Party of performance due by the other Party under the terms of this
Agreement shall not operate as a waiver of any or all of such Party’s rights
with respect to all prior or subsequent obligations of the other Party.


 


Section 15.11   No Third Party Beneficiary.
It is expressly understood that there is no third party beneficiary to this
Agreement, and that the provisions of this Agreement do not create enforceable
rights in anyone who is not a party or a successor or assignee of a party
hereto; provided, however, that Pine Mountain Oil and Gas, Inc. shall be a
third party beneficiary of Customer’s rights hereunder.


 


[SIGNATURE PAGE FOLLOWS]


 


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IN WITNESS
WHEREOF, Gatherer and Customer have duly executed this Agreement to be
effective as of the day and year first written above.


 


	
  NORA GATHERING, LLC

  	
  EQUITABLE PRODUCTION COMPANY

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Signature:

  	
   

  	
   

  	
  Signature:

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Name:

  	
   

  	
   

  	
  Name:

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Title:

  	
   

  	
   

  	
  Title:

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Date:

  	
   

  	
   

  	
  Date:

  	
   

  



 


Signature Page to Members
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Appendix A


 


Specifications


 


This Appendix A
is a part of the Interconnect Agreement (“Agreement”) made and entered into on
the
              
day of
                          ,
20         by and between
                                            
(“Customer”) with offices at
                                      ,
and Nora Gathering, LLC, a Delaware limited liability company, with offices at
225 North Shore Drive, Pittsburgh, Pennsylvania 15212 (“Gatherer”). This
Appendix A, in conjunction with the Agreement, provides for the establishment
of a new point of interconnection on Gatherer’s natural gas gathering lines at
or near
                ,
in
                
County,                       .
As used in this Appendix, Gatherer and Customer are also referred to
individually as a “Party” and collectively as the “Parties”.


 


Section 1            Specifications. Customer and Gatherer
shall follow the “Minimum Engineering & Technical Specifications for
Interconnect Facilities” set forth in Appendix B in designing and installing
such Party’s proposed Interconnect Facilities. In addition to the minimum
design specification and operating parameters set forth in Appendix B, the
following specifications shall be followed:


 


(a)            Maximum Allowable Operating Pressure (“MAOP”).
Gatherer’s MAOP at the point of delivery into line No.               
is currently
              
psig. Accordingly, all Interconnect Facilities shall be designed with a
                  
psig minimum design pressure and ANSI
                          
rated fittings.


 


(b)            Interconnect Location:


 


Section 2            Customer Interconnect Facilities. The
Customer Interconnect Facilities shall be owned by and operated by Customer.


 


Section 3            Gatherer Interconnect Facilities. The
Gatherer Interconnect Facilities shall be owned and operated by Gatherer.


 


Section 4            Construction and Installation Fee.
Customer shall pay Gatherer a Construction and Installation Fee as set forth in
this Agreement.


 


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IN WITNESS
WHEREOF, Gatherer and Customer have duly executed this Appendix A, complete
with any necessary attachments and as noted above, on this     
day of               ,
20   ,


 


	
  NORA
  GATHERING, LLC

  	
   

  	
  <Customer>

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Signature:

  	
   

  	
   

  	
  Signature:

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Name:

  	
   

  	
   

  	
  Name:

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Title:

  	
   

  	
   

  	
  Title:

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Date:

  	
   

  	
   

  	
  Date:

  	
   

  



 


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Appendix
B


 


Minimum
Engineering &  Technical Specifications

for Interconnect Facilities


 


ARTICLE
1

DESIGN OF INTERCONNECT FACILITIES


 


Section 1.1    General. Customer shall be responsible for all aspects of
the design and construction of each Customer Interconnect Facilities and
Gatherer shall be responsible for all aspects of the design and construction of
each Gatherer Interconnect Facilities (including the meter associated
therewith), in each case, subject to the terms and conditions of this
Agreement.


 


Section 1.2    Materials. All material and equipment furnished for the
Interconnect Facilities shall be new and shall satisfy (i) the generally
accepted industry standards and (ii) the specifications set forth in
Appendix A.


 


Section 1.3    Inlet Filter. Filter/filter-separator
facilities installed upstream of the Custody Transfer Point must be considered
and based upon specific gas analysis.


 


Section 1.4    Freeze Prevention. In circumstances where heavier
hydrocarbons and/or water vapor may be present within the gas stream, Customer
shall incorporate freeze protection measures into the design of each Customer
Interconnect Facilities. The method and design of the freeze protection
measures shall be submitted to the Gatherer for approval and no construction
shall commence until such time as Customer receives written approval from
Gatherer (which approval shall not be unreasonably withheld, conditioned or
delayed). If Customer’s freeze protection measures involve the use of natural
gas for fuel, then the tap for such fuel supply line shall be made upstream of
the Custody Transfer Point, if the Custody Transfer Point is functioning as a
receipt point into Gatherer’s natural gas gathering lines, such that Customer
bears the costs of the fuel. Freeze protection measures which may be acceptable
to Gatherer include the following:


 


(a)       Methanol Injection - should
be installed downstream of meters


 


(b)       Catalytic heaters / heat
trace - for regulator bodies


 


(c)       Indirect water bath heaters
- for large pressure cuts and large flow volumes


 


(d)       All Gas provided and
delivered to Gatherer shall have a temperature of no less than 45o F.


 


Section 1.5    Regulating and Overpressure Protection. Gatherer may
require regulation and shall require over-pressure protection for receipt
points under this Agreement. Such regulation shall deliver pressures suitable
to pressures in Gatherer’s natural gas gathering


 


B-1

















 


	
  Interconnect Agreement
  Number E-

  	
   

  	
   

  



 


lines, Gatherer shall specify and/or approve the type
of regulators to be used and shall specify, pressure ranges, and operating
settings.


 


(a)       A pressure-limiting device
shall be required whenever a pipeline system has the possibility of realizing
pressures exceeding the MAOP for Gatherer’s natural gas gathering lines.


 


(b)       Overpressure protection
devices shall be set such that pressures may not exceed the maximum allowable
operating pressure for the natural gas gathering lines into which Customer is
delivering Gas.


 


(c)       Overpressure protection
devices must be designed to prevent a single incident from affecting the
operation of the Interconnect Facilities.


 


(d)       Monitor regulators, or
control valves, when feasible, should be used for overpressure protection.


 


(e)       Monitor regulators shall
consist of a stand-alone valve operating on a pneumatic signal taken directly
from the pipeline.


 


(f)        The monitor regulator
shall fail open, unless specified otherwise by the Gatherer.


 


(g)       If pilot loaded valves are
used, the pilots shall not bleed when they are not operating. Pilot bleeds
should be routed to downstream piping.


 


Section 1.6    Control Valves


 


(a)       Control valves shall be
sized using the highest flow rate compounded with the lowest delivery pressure.


 


(b)       All flow control valves
should be installed to fail in the open position or in the last set positions,
as applicable.


 


(c)       Gatherer shall approve the
type and brand of control valve.


 


(d)       Downstream taps for
pressure control valves shall be noted on detail drawings, and shall also
possess a pressure transducer for stations designed with telemetry.


 


Section 1.7    Miscellaneous Valves and Piping


 


(a)       Blowdown valves shall be
installed to provide for venting of all sections.


 


(b)       Meter header piping shall
be sized for 1.5 times the total combined area of the total meter sets


 


(c)       Isolation valves will be
installed on either side of regulators, meters, and control valves.


 


B-2

















 


	
  Interconnect Agreement
  Number E-

  	
   

  	
   

  



 


(d)       Piping shall be Standard
Weight unless approved otherwise by Gatherer


 


Section 1.8    Emergency Valve. The design and installation of the
Customer Interconnect Facilities shall include an emergency valve (ball valve
preferred) located at least twenty-five (25) lineal feet (point to point) but
not to exceed fifty (50) lineal feet from the applicable Custody Transfer
Point. The emergency valve shall be readily accessible, easily operated, and
sufficiently marked for quick identification.


 


Section 1.9    Gatherer tie-in and tap sizing. Gatherer shall provide for
the sizing and actual installation of tap for tie-in of each Interconnect to
Gatherer natural gas gathering lines. Customer shall provide data necessary for
the sizing of the tap.


 


Section 1.10  Gas Chromatograph. Auxiliary equipment may be required for
measurement of Btu variations. Gatherer’s gas control department shall have the
final decision as to the type of Gas analysis required which decision shall be
made on a reasonable and prompt basis. An on-line chromatograph, designed for
the specific type of Gas and Gas content applicable to an Interconnect shall be
typically required. When approved, in writing by Gatherer, a continuous sampler
shall be required as an alternative to the on-line chromatograph.


 


Section 1.11  Dehydration. Gas received by Gatherer at each Interconnect
shall contain a maximum water content of no more than seven (7) pounds per MMcf of Gas.
Customer shall consider the need for dehydration if water content exceeding
this amount could be realized. Gatherer has final approval on the type of
dehydration proposed by Customer. Gatherer has the right to discontinue and/or
terminate any Agreement with respect to any Interconnect where the water
content of Gas delivered exceeds this specified limit.


 


Section 1.12  Dew Point Tester. When deemed necessary by Gatherer in its
reasonable judgment, Customer shall incorporate an on-line dew point tester as
part of the applicable Customer Interconnect Facilities. The unit shall be set
such that any Gas volumes detecting water content levels in excess of
contractual specifications shall result in the automated closure of an in-line
valve thereby preventing further delivery of Gas into system. Valve shall
remain closed until an acceptable water moisture content of the Gas can be
provided.


 


Section 1.13  Corrosion Coupon Tap. When specified by Gatherer in its
reasonable judgment, Customer shall provide for an in-line valve tap for
installing corrosion coupons with respect to the applicable Customer
Interconnect Facilities.


 


Section 1.14  Check Valve. All Interconnects shall be installed with a
check valve of some type so as to assure Gas flow in the direction required.


 


ARTICLE
2

INSTALLATION, TESTING, and INSPECTION


 


Section 2.1    Testing


 


(a)       All facilities shall be
tested by Gatherer in accordance with specifications provided by Gatherer to
Customer from time-to-time. Gatherer shall specify


 


B-3

















 


	
  Interconnect Agreement
  Number E-

  	
   

  	
   

  



 


minimum test pressure and
test duration. Tests shall be conducted by Gatherer using a recording chart of
which Gatherer shall receive original or a clear copy of the original test
chart.


 


(b)       Gatherer shall not activate
the applicable Interconnect until appropriate testing has been completed in
Gatherer’s reasonable judgment.


 


Section 2.2    Inspection


 


(a)       Gatherer reserves the right
to inspect all Customer Interconnect Facilities during installation.


 


(b)       Prior to startup of
construction, three (3) calendar days notice shall be provided to Gatherer


 


(c)       All girth welds must be
100% radiographically inspected and approved.


 


(d)       Customer shall be
responsible for all expenses, including inspection by Gatherer, relative to
construction inspections of all Customer Interconnect Facilities.


 


B-4

















 


SCHEDULE
4.2(d)


 


CONFLICTS
(EPC)


 


None


 

















 


SCHEDULE
4.3(d)


 


CONFLICTS
(EGEL)


 


None


 
















 


SCHEDULE
4.5

CONSENTS, APPROVALS OR WAIVERS (EPC and EGEL)


 


	
  Document

  No.

  	
   

  	
  Document

  Type

  	
   

  	
  Parties

  	
   

  	
  Document Date

  	
   

  	
  County

  	
   

  	
  Consent to Assign

  Required?

  	
   

  	
  Notice Only

  Required?

  	
   

  
	
  

  

  223000.01

  	
   

  	
  Lease

  	
   

  	
  Virginia Iron, Coal & Coke Co.

  	
   

  	
  6/6/1986

  	
   

  	
  Wise

  Dickenson

  Russell

  	
   

  	
  Yes

  	
   

  	
  N/A

  	
   

  
	
  

  223010.01

  223010.02

  	
   

  	
  Lease

  	
   

  	
  VICC Land Co.

  	
   

  	
  7/23/1981

  	
   

  	
  Wise

  Dickenson

  Russell

  	
   

  	
  Yes

  	
   

  	
  N/A

  	
   

  
	
  

  

  

  241490.01

  	
   

  	
  Lease

  	
   

  	
  The Pittston Company

  	
   

  	
  7/25/1972

  	
   

  	
  Wise

  Dickenson

  Buchanan

  Russell

  	
   

  	
  Yes

  	
   

  	
  N/A

  	
   

  
	
  

  241492.01

  	
   

  	
  Lease

  	
   

  	
  Shrole, Inc.

  	
   

  	
  4/19/1973

  	
   

  	
  Wise

  Dickenson

  	
   

  	
  Yes

  	
   

  	
  N/A

  	
   

  
	
  

  241493.01

  	
   

  	
  Lease

  	
   

  	
  Steinman Development Company

  	
   

  	
  6/15/1973

  	
   

  	
  Wise

  Dickenson

  	
   

  	
  Yes

  	
   

  	
  N/A

  	
   

  
	
  241561.01

  	
   

  	
  Lease

  	
   

  	
  The Brown Trust

  	
   

  	
  3/17/1975

  	
   

  	
  Dickenson

  	
   

  	
  Yes

  	
   

  	
  N/A

  	
   

  
	
  241588.01

  	
   

  	
  Lease

  	
   

  	
  VICC Land Co.

  	
   

  	
  4/28/1981

  	
   

  	
  Dickenson

  	
   

  	
  Yes

  	
   

  	
  N/A

  	
   

  
	
   

   

   

  241640.01

  	
   

  	
  Lease

  	
   

  	
  The Pittston Company

  	
   

  	
  1/1/1986

  	
   

  	
  Buchanan

  Dickenson

  Russell

  Wise

  	
   

  	
  Yes

  	
   

  	
  N/A

  	
   

  
	
   

  242787.01

  	
   

  	
  Lease

  	
   

  	
  United States Department of the Interior, Bureau of
  Land Management

  	
   

  	
  6/1/1989

  	
   

  	
  Dickenson

  	
   

  	
  No

  	
   

  	
  Yes

  	
   

  
	
   

  242788.01

  	
   

  	
  Lease

  	
   

  	
  United States Department of the Interior, Bureau of
  Land Management

  	
   

  	
  6/1/1989

  	
   

  	
  Dickenson

  	
   

  	
  No

  	
   

  	
  Yes

  	
   

  
	
   

  242790.01

  	
   

  	
  Lease

  	
   

  	
  United States Department of the Interior, Bureau of
  Land Management

  	
   

  	
  6/1/1989

  	
   

  	
  Dickenson

  	
   

  	
  No

  	
   

  	
  Yes

  	
   

  
	
   

  242792.01

  	
   

  	
  Lease

  	
   

  	
  United States Department of the Interior, Bureau of
  Land Management

  	
   

  	
  6/1/1989

  	
   

  	
  Dickenson

  	
   

  	
  No

  	
   

  	
  Yes

  	
   

  
	
   

  242793.01

  	
   

  	
  Lease

  	
   

  	
  United Stales, Department of the Interior, Bureau of
  Land Management

  	
   

  	
  6/1/1989

  	
   

  	
  Dickenson

  	
   

  	
  No

  	
   

  	
  Yes

  	
   

  



 


1

















 


SCHEDULE
4.5

CONSENTS, APPROVALS OR WAIVERS (EPC and EGEL)


 


	
  Document

  No.

  	
   

  	
  Document

  Type

  	
   

  	
  Parties

  	
   

  	
  Document Date

  	
   

  	
  County

  	
   

  	
  Consent to Assign

  Required?

  	
   

  	
  Notice Only

  Required?

  	
   

  
	
  242940.01

  	
   

  	
  Lease

  	
   

  	
  Lambert Land, LLC

  	
   

  	
  1/5/2005

  	
   

  	
  Dickenson

  	
   

  	
  Yes

  	
   

  	
  N/A

  	
   

  
	
  244064.01

  	
   

  	
  Lease

  	
   

  	
  Steinman Development Company

  	
   

  	
  10/14/1991

  	
   

  	
  Dickenson

  	
   

  	
  Yes

  	
   

  	
  N/A

  	
   

  
	
  244432.39

  	
   

  	
  Lease

  	
   

  	
  Ransome Breeding, Married

  	
   

  	
  10/15/1996

  	
   

  	
  Buchanan

  	
   

  	
  Yes

  	
   

  	
  N/A

  	
   

  
	
  245078.03

  	
   

  	
  Lease

  	
   

  	
  John W. Pobst, et ux.

  	
   

  	
  3/11/1997

  	
   

  	
  Buchanan

  	
   

  	
  Yes

  	
   

  	
  N/A

  	
   

  
	
  245078.04

  	
   

  	
  Lease

  	
   

  	
  Nancy Catherine Pobst Hooper, Single

  	
   

  	
  3/11/1997

  	
   

  	
  Buchanan

  	
   

  	
  Yes

  	
   

  	
  N/A

  	
   

  
	
   

  245078.05

  	
   

  	
  Lease

  	
   

  	
  Virginia Lee Linwick and Phillip Gregory Linwick,
  Wife and Husband

  	
   

  	
  3/11/1997

  	
   

  	
  Buchanan

  	
   

  	
  Yes

  	
   

  	
  N/A

  	
   

  
	
  245078.06

  	
   

  	
  Lease

  	
   

  	
  Richard K. Pobst, et ux.

  	
   

  	
  3/11/1997

  	
   

  	
  Buchanan

  	
   

  	
  Yes

  	
   

  	
  N/A

  	
   

  
	
   

  245085.01

  	
   

  	
  Lease

  	
   

  	
  United States Department of the Interior, Bureau of
  Land Management

  	
   

  	
  8/1/1995

  	
   

  	
  Dickenson

  	
   

  	
  No

  	
   

  	
  Yes

  	
   

  
	
  245486.01

  	
   

  	
  Lease

  	
   

  	
  Lambert Land, LLC

  	
   

  	
  10/29/2001

  	
   

  	
  Dickenson

  	
   

  	
  Yes

  	
   

  	
  N/A

  	
   

  
	
   

  245646.01

  	
   

  	
  Lease

  	
   

  	
  United States Department of the Interior, Bureau of
  Land Management

  	
   

  	
  9/23/1999

  	
   

  	
  Dickenson

  	
   

  	
  No

  	
   

  	
  Yes

  	
   

  
	
   

  245733.01

  	
   

  	
  Lease

  	
   

  	
  United States Department of the Interior, Bureau of
  Land Management

  	
   

  	
  2/1/2000

  	
   

  	
  Dickenson

  	
   

  	
  No

  	
   

  	
  Yes

  	
   

  
	
   

  245734.01

  	
   

  	
  Lease

  	
   

  	
  United States Department of the Interior, Bureau of
  Land Management

  	
   

  	
  2/1/2000

  	
   

  	
  Dickenson

  	
   

  	
  No

  	
   

  	
  Yes

  	
   

  
	
   

  245735.01

  	
   

  	
  Lease

  	
   

  	
  United States Department of the Interior, Bureau of
  Land Management

  	
   

  	
  2/1/2000

  	
   

  	
  Dickenson

  	
   

  	
  No

  	
   

  	
  Yes

  	
   

  
	
  801721.00

  	
   

  	
  ROW

  	
   

  	
  W. M. Ritler Lumber Company

  	
   

  	
  7/15/1960

  	
   

  	
  Buchanan

  	
   

  	
  Yes

  	
   

  	
  N/A

  	
   

  
	
  801956.00

  	
   

  	
  ROW

  	
   

  	
  Norfolk and Western Railway Company

  	
   

  	
  7/2/1952

  	
   

  	
  Buchanan

  	
   

  	
  Yes

  	
   

  	
  N/A

  	
   

  
	
  807247.00

  	
   

  	
  ROW

  	
   

  	
  Georgia-Pacific Corporation

  	
   

  	
  6/16/1993

  	
   

  	
  Buchanan

  	
   

  	
  Yes

  	
   

  	
  N/A

  	
   

  
	
   

   

  904578.00

  	
   

  	
  Lease

  	
   

  	
  Coastal Coal Company, LLC .

  	
   

  	
  4/23/2002

  	
   

  	
  Wise Dickenson Russell
  Scott

  	
   

  	
  Yes

  	
   

  	
  N/A

  	
   

  
	
  904914.00

  	
   

  	
  ROW

  	
   

  	
  Eula Jackson, et al.

  	
   

  	
  4/28/2003

  	
   

  	
  Buchanan

  	
   

  	
  Yes

  	
   

  	
  N/A

  	
   

  
	
  905073.00

  	
   

  	
  Lease

  	
   

  	
  Lambert Land, LLC

  	
   

  	
  9/7/2003

  	
   

  	
  Buchanan

  	
   

  	
  Yes

  	
   

  	
  N/A

  	
   

  
	
  905075.00

  	
   

  	
  Lease

  	
   

  	
  Lambert Land, LLC

  	
   

  	
  9/7/2003

  	
   

  	
  Buchanan

  	
   

  	
  Yes

  	
   

  	
  N/A

  	
   

  
	
  905467.00

  	
   

  	
  Lease

  	
   

  	
  Lambert Land, LLC

  	
   

  	
  2/23/2004

  	
   

  	
  Dickenson

  	
   

  	
  Yes

  	
   

  	
  N/A

  	
   

  



 


2

















 


SCHEDULE
4.5

CONSENTS, APPROVALS OR WAIVERS (EPC and EGEL)


 


	
  Document

  No.

  	
   

  	
  Document

  Type

  	
   

  	
  Parties

  	
   

  	
  Document Date

  	
   

  	
  County

  	
   

  	
  Consent to Assign

  Required?

  	
   

  	
  Notice Only

  Required?

  	
   

  
	
  906216.00

  	
   

  	
  Lease

  	
   

  	
  Lambert Land, LLC

  	
   

  	
  8/24/2005

  	
   

  	
  Dickenson

  	
   

  	
  Yes

  	
   

  	
  N/A

  	
   

  



 


3
















 


SCHEDULE
4.6A


 


LITIGATION


 


I.
LITIGATION


 


1.         Jesse Fraley v.
Benjamin Isaac Kose and EPC, Dickenson Circuit Court, VA, Case No. CL06000149-00.
Filed 10/10/06.


 


Auto Accident — Plaintiff
filed suit against EPC and its employee, Kose, seeking damages for personal
injuries alleged as a result of an automobile accident on March 29, 2005.
EPC filed third party complaint against Plaintiffs employer seeking indemnity.


 


2.         See the matters described
on Schedule 4.7 (it being agreed by the Parties that the indemnification for
this item under Section 11.1(b)(iv) of the Agreement shall only be
applicable to Damages relating to any period of time prior to the Effective
Time).


 


II.
CLAIMS/POTENTIAL CLAIMS


 


1.         Unknown — 10/27/06 —
Potential Claim


 


Auto accident - occurred
in the vicinity of access road that leads to Well No. 536475. No EPC
personnel or equipment were involved in the accident. Well No. 536475.


 


2.         Estate of Bill Mason —
Accident occurred 11/06/06 — Potential Claim


 


Single vehicle auto
accident — employee fatality.


 


1

















 


SCHEDULE
4.6B


 


LITIGATION


 


I.
LITIGATION


 


1.                         Pine
Mountain Oil & Gas, Inc. v. EPC, U.S. Dist. Ct, W.D. of VA,
Case No. 1:05-cv-00095. Filed 10/11/05.


 


Contract Dispute –
Plaintiff is seeking damages and injunctive relief for an alleged breach of Gas
Gathering Agreement.


 


2.                         EPC v.
Buford Deel, Dickenson Circuit Court, VA. Filed 9/28/06.


 


Temporary Injunction —
EPC requested a temporary injunction enjoining the defendant from interfering
with EPC’s development of a well, associated pipeline and access road. Well
V-536101 has been drilled and turned into line. Defendants have filed
counterclaim questioning EPC’s rights on the property.


 


3.                         EPC v.
Jackie Michael Fleming & Myra Fleming, Dickenson Circuit Court,
VA. Filed 9/28/06.


 


Temporary Injunction —
EPC requested a temporary injunction enjoining the defendants from interfering
with EPC’s development of a well, associated pipeline and access road. Well
V-536101 has been drilled and turned into line. Defendants have filed
counterclaim questioning extent of EPC’s rights on the property.


 


4.                         Melvin
Jack Long v. EPC, Dickenson Circuit Court, VA, Case No. CL06000171-00.
Filed 10/16/06.


 


Property Damage –
Claimant is seeking property damage alleged to have occurred in connection with
Well No. 536078.


 


5.                         EPC v.
Ervin Fuller, Dickenson Circuit Court, VA, Case No. CL07-015. Filed
1/29/07.


 


Temporary Injunction —
EPC requested a temporary injunction to enjoining the defendant from
interfering with EPC’s operations including development and maintenance of
wells, roads and


 


1

















 


pipelines. Wells impacted
include 550285, 537018, 537023 and 537024.


 


6.                         See the
matters described on Schedule 4.7.


 


7.                         Proceeding
in front of Virginia Gas and Oil Board resulting from application in April 2007
for field rule modifications relating to the Ramsey Ridge and Frying Pan
areas.


 


II.
CLAIMS/POTENTIAL CLAIMS


 


1.                         Keith
Edwards – 2006


 


Surface damage claim –
Claimant is seeking damages for operations activity related to well and
pipeline construction. Well No. P-176.


 


2.                         Gladwell
Bowman – 12/4/06


 


Access issue – Claimant
alleges that EPC’s construction of two well sites and related access roads is
blocking access to a family cemetery and to other family lands. Claimant has
contacted Virginia Attorney General’s Office. Well Nos. 503308 and 535612.


 


3.                         Ervin
Fuller – 2006


 


Surface damage claim –
Claimant is seeking surface damages for EPC operational activities. Multiple
wells. Potential counterclaim in EPC v. Ervin Fuller — Item I.A.5 above.


 


4.                         Alpha
Natural Resources/Paramont Coal Company — 2006


 


Pipeline relocation/well
shut in issues - Claimants are demanding relocation, abandonment or shutting in
of certain pipelines, wells and other facilities, at the sole expense of the
gas estate, to accommodate Claimant’s coal mining operations. Multiple
facilities.


 


Facilities include but
are not limited to:


 


Pipeline Relocations for
Line Nos. BF — 29, VC 53559, BF 25, P 137, VC 3626, VC 2476, BF 49, V-505249


 


Powerline Relocations for
Well Nos. VC 2939, VC 3575, VC 535599


 


Plugging and abandonment
of Well Nos. VC 2548, PC 308


 


5.                         Alpha
Natural Resources/ Maxxim Shared Services – 2006


 


Conditional
approvals/denials of pipeline/well locations – Claimants are asserting the
right to approve well and pipeline locations on the condition that


 


2

















 


the oil and gas estate be
required to bear any costs associated with relocation, abandonment or shutting
in of facilities to accommodate coal operations. Claimants are also asserting
the right to deny locations. Multiple facilities.


 


6.                         Potential
proceeding in front of Virginia Gas and Oil Board for field rule modifications
relating to increased well density in the Ramsey Ridge Extension and Sourwood
areas.


 


3

















 


SCHEDULE
4.7


 


TAXES
AND ASSESSMENTS


 


Equitable Production Company (EPC) has filed
administrative refund claims for tax years 2003 through 2005 in Wise County, Virginia,
for property taxes on gathering assets. EPC has not received a formal response
on its claim from Wise County; however, EPC filed an Application for Correction
of Erroneous Assessment of Property Tax for such matter in the Circuit Court of
Wise County on March 1, 2007.


 


In connection with the claims above, Equitable
Gathering Equity, LLC (EGEL) has also contested in good faith the assessment
for 2006 and has only remitted the portion of tax assessed by Wise County that
it believes it owes under the statute. EGEL disagrees with the assessments for
years 2006 — present and will request a refund through administrative or other
legal means within the statutory time limitation period.


 

















 


SCHEDULE
4.9


 


COMPLIANCE
WITH LAWS


 


None


 
















 


SCHEDULE 4.10


 


CONTRACTS


 


Seller is not aware of
any defaults except as disclosed on Schedule 4.6A and 4.6B.


 


Affiliate
Agreements


 


1.)                     01/01/05
Pipeline Agreement between EPC and EGEL


2.)                     01/01/05
Services Agreement between EPC to EGEL


3.)                     01/01/05 Gas
Gathering Agreement between EGEL and EE


4.)                     Existing
gathering interconnect arrangement with Kentucky West Virginia Gathering
Company


5.)                     01/01/95 Gas
Gathering Agreement by Nora System Operator with EPC and other Roaring Fork
System Suppliers


6.)                     06/01/06 Gas
Purchase Agreement between EPC and Pine Mountain 100% wells


7.)                     Gas Purchase
Agreement between EPC and Appalachian Energy (covering gas produced from lands
covered by that certain Operating Agreement dated February 15, 1990
between Edwards & Harding Petroleum Company, (predecessor to
Appalachian Energy) and Equitable Resources Exploration, a division of
Equitable Resources Energy Company, covering the EH-18 Well Unit)


 


Transport
Agreements*


 


1.)                     3/1/1999
Interruptible Transportation Agreement between Equitable Energy, LLC and East
Tennessee Natural Gas Company


2.)                     11/1/2005
Firm Transportation Agreement between Equitable Production Company and East
Tennessee Natural Gas


3.)                     11/30/2006
Firm Transportation Agreement between Equitable Production Company and East
Tennessee Natural Gas


4.)                     Firm
Transportation Agreement between Equitable Production Company and East
Tennessee Natural Gas (Precedent Agreement)


 


Marketing
Term Gas Contracts*


 


1)                        Middle TN
Natural Gas: 11/1/04-10/31/07; NYMEX Flat; Winter Volume 7,159/day
$7.00/dth/demand; Summer Volume 5,080/day $4.00/dth/demand; 1,000 March triggered
@ $7.72; 2,000 March triggered @ $7.512; 2,000 March triggered@
$6.888; 2,000 April triggered @ $6.935


2)                        Middle TN
Natural Gas: 11/1/07-10/31/10; NYMEX flat; Winter Volume 7,159/day
$6.75/dth/demand; Summer Volume 5,080/day $3.50/dth/demand; trigger rights


3)                        Knoxville
Utility Board: 11/1/06-10/31/09; NYMEX +$.235; 5,080/day 2,000 11/1/06-10/31/07
triggered @ $8.13


4)                        Powell
Clinch: 5/1/06-10/31/08; NYMEX +$.20; 3,000/day; trigger rights


 


1

















 


 


5)                        Sequent
Energy: 11/1/05-3/31/08; 5,010/day; Winter Price is NYMEX +$.28; Summer Price
is NYMEX +$.09


6)                        Atrnos
Energy Marketing: 11/1/05-10/31/10; NYMEX
+.12; 25,000/day


7)                        Jefferson
Cocke: 11/1/06-10/31/09; NYMEX +.285; Winter Volume 3,117/day; Summer Volume
1,117/day; trigger rights


8)                        Sevier
County: 11/1/06-10/31/07; NYMEX
+.25; 1,023/day; trigger rights


9)                        Hess
Energy EM: 11/1/06-10/31/07; NYMEX +.575; 5,000/day; Cascade Creek


10)                  Virginia Power
EM: 4/1/07-10/31/07; NYMEX +.27; 5,000/day; Cascade Creek


11)                  BP Energy:
4/1/07-10/31/07; NYMEX +.28; 5,000/day; Cascade Creek


12)                  Hess Energy EM:
4/1/07-10/31/07; NYMEX+.42; 10,000/day; Cascade Creek


13)                  Atrnos Energy
Marketing: 4/1/07-10/31/07; NYMEX +.06; 10,000/day


14)                  Eagle Energy:
4/1/07-10/31/07; NYMEX +.08; 5,000/day


15)                  BP Energy:
411/07-10/31/07; NYMEX +.35; 5,000/day; Cascade Creek


16)                  Sequent Energy: 4/1/07-10/31/07; NYMEX +.14; 5,000/day


17)                  Constellation
New Energy: 4/1/07-4/30/07; NYMEX +.10; 1,500/day


18)                  Eagle Energy:
4/1/07-4/30/07; NYMEX +.07; 4,000/day


 


Derivatives
associated with the term gas contracts above*


 


1.)                     Middle
Tennessee (expires 10/31/07; 5,080/day)


2.)                     Knoxville
Utility Board


3.)                     Derivatives
(to be executed) associated with triggers related to term gas contracts above


 


Operational
Balancing Agreement* with East Tennessee Natural Gas
(Contract Number 28222)


 


Applicable
Purchase Orders issued to third party vendors for capital
items shown on Schedule 4.13 of the Contribution Agreement.


 






*
As such contracts are proportionally related to the sale of gas
production from the Nora Field.


 


2

















 


SCHEDULE 4.11


 


PERMITS


 


None


 

















 


SCHEDULE 4.12


 


OUTSTANDING CAPITAL COMMITMENTS


 


($MM)


 


2007
CAPEX PROJECTIONS


 


	
  Gathering

  	
   

  	
  Q1

  	
   

  	
  Q2

  	
   

  	
  Q3

  	
   

  	
  Q4

  	
   

  	
  TOTAL

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  
	
  Carryover as of 4-5-07

  	
   

  	
  —

  	
   

  	
  9.90

  	
   

  	
  3.71

  	
   

  	
   

  	
   

  	
  13.61

  	
   

  
	
  2007 Capital Budget

  	
   

  	
  6.28

  	
   

  	
  11.27

  	
   

  	
  17.42

  	
   

  	
  25.62

  	
   

  	
  60.60

  	
   

  
	
  2007 CAPEX Projection

  	
   

  	
  6.28

  	
   

  	
  21.17

  	
   

  	
  21.13

  	
   

  	
  25.62

  	
   

  	
  74.21

  	
   

  



 


2007 CAPITAL
BUDGET COMMITMENT PROJECTIONS


 


	
  Gathering

  	
   

  	
  Q1

  	
   

  	
  Q2

  	
   

  	
  Q3

  	
   

  	
  Q4

  	
   

  	
  TOTAL

  	
   

  
	
   

  	
   

  	
  32.05

  	
   

  	
  43.21

  	
   

  	
  25.74

  	
   

  	
  0.00

  	
   

  	
  101.00

  	
   

  
	
  2007 Capital Budget Capex Projection

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  60.60

  	
   

  
	
  Carryover into 2008

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
   

  	
  40.40

  	
   

  



 


1

















 


SCHEDULE 4.13


 


ABANDONMENT


 


None


 

















 


SCHEDULE 4.14


 


CONDITION OF EQUIPMENT, ETC.


 


None


 

















 


SCHEDULE 4.16


 


CERTAIN EVENTS


 


None


 

















 


SCHEDULE 7.10


 


OPERATION OF ASSETS


 


None