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Surge Protection Lease Agreement

This Surge Protection Lease Agreement, hereinafter Agreement, is made and entered into by and between Powder River Energy Corporation, hereinafter PRECorp, and the undersigned Member of Powder River Energy Corporation, hereinafter referred to as the Member. I.

Nature of Agreement For and in consideration of the mutual promises, covenants and obligations to be kept and maintained by and between the parties hereto, PRECorp leases to the Member and the Member leases from PRECorp surge protection equipment further identified herein.

II.

Term The term of this Agreement shall be for a minimum period of three (3) years. After the expiration of the initial three (3) year term, this Agreement shall automatically be renewed on a month to month basis unless terminated by either party pursuant to the terms and conditions of this Agreement.

III.

Equipment Leased The equipment leased by the Member may include but shall not be limited to a Meter Base Surge Suppression Device (hereinafter 50240L) or a Panel Type Surge Suppression Device (hereinafter 55175-ASA.)

IV.

Consideration There shall be a onetime setup fee of $30.00 which shall be payable at the time the surge suppression equipment is requested is applicable only for the 50240L. Thereafter the Member shall pay to PRECorp the sum of $5.00 per month, beginning with the next regular monthly electric bill for all months during which this Agreement is in effect and shall be considered due on the same date as the Member’’s electric service payment. PRECorp shall include the $5.00 payment on the Member’’s regular monthly electric bill and in the event the Member fails to pay, according to the terms and conditions of this Agreement, PRECorp, if required to initiate legal action to secure payment for services rendered pursuant to the terms and conditions of this Agreement, shall be entitled to recover all reasonable and necessary legal expenses and costs of collection. All payments from the Member must be current for any warranties upon any equipment provided by PRECorp to be in effect and operative.

V.

PRECorp’’s Obligations For and in consideration of the Member leasing the above-described equipment and making the monthly payments as required herein, PRECorp agrees as follows: A.

B. C. D.

E. F. G.

Prior to installation of any surge suppression devices, a designated representative from PRECorp shall determine whether the Member’’s home has an external grounding system at the service entrance. In the event that PRECorp’’s representative should determine the Member’’s home electrical grounding system is inadequate for proper installation of surge suppression devices, PRECorp reserves the right to refuse installation until such time as the necessary corrections are made to the satisfaction of PRECorp; To install the meter base leased by the Member from PRECorp and to service the surge suppression devices at the request of the Member; To remove all surge suppression devices upon termination of this Agreement; In the event a meter socket is in excess of 100 feet from the Member’’s house, the 50240L shall not be considered an appropriate installation and in such event the Member shall have the opportunity to purchase from PRECorp the surge suppression equipment known as the 55175-ASA. It shall be the Member’’s responsibility to have the 55175-ASA installed in the Member’’s home by a licensed electrician at the sole cost of the Member; In the event the Member should move to another home within PRECorp’’s service area prior to the contract termination date, PRECorp may transfer the protection services for the benefit of the Member for the remaining period of this Agreement , or in the alternative, the Member may pay the unbilled contract balance; PRECorp shall, ina timely fashion, attempt to answer all questions which may be raised by the Member regarding the surge protection equipment provided by PRECorp and subsequently installed; In the event the protective effectiveness of the leased equipment should be interrupted or fail for any reason, PRECorp shall repair or replace the surge suppression devices in accordance with this Agreement. Such interruption or failure shall not constitute a breach of this Agreement nor shall PRECorp, its directors or employees, be liable to the Member or to any third parties for any damages which might result from interruption or failure of the leased surge suppression equipment.

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Surge Protection Lease Agreement

VI.

Member’s Obligations For and in consideration PRECorp leasing surge protection equipment to the Member, the Member agrees as follows: A. B. C. D. E. F. G.

VII.

Not to install the 50240L equipment without supervision by a designated PRECorp representative; Not to install the 55175-ASA surge protection equipment without using the services of a licensed electrician; It shall be the Member’s responsibility to insure the plug-in surge protection devices are properly installed in accordance with the installation guide provided in the owner’s manual in order to validate the warranty; To pay each month the consideration called for hereinabove for leasing the surge protection equipment described hereinabove; In the event the Member moves to another home within PRECorp’s service area prior to the contract termination date, to either transfer the leased surge protection equipment for the remaining period of the Agreement or pay the unbilled contract balance and return all plug-in surge suppression devices to PRECorp; In the event the Member elects to discontinue protection service prior to the contract termination date, the Member is responsible for the unbilled portion of the protection services; To use all surge suppression devices pursuant to the operating instructions provided by PRECorp or the manufacturer of those devices.

Termination The Member may terminate this Agreement at any time. However, in the event the Member terminates this Agreement prior to the contract termination date without transferring the surge protection services to another home within PRECorp’s service area for the remaining period of the Agreement, the Member shall pay to PRECorp the sum of $5.00 per month for each month the contract was terminated prior to the three (3) year minimum term. After completion of the initial contract term of three (3) years, the Member may terminate this Agreement at any time without penalty, provided however, all monthly payment due at the time of termination are paid to PRECorp.

VIII.

Disclaimer of Warranties PRECorp specifically disclaims all warranties of any kind or nature, including all express warranties and any implied warranties of fitness for a particular purpose. Member leases the above-described surge protection devises “AS IS� and “WHERE IS� without recourse of any kind against PRECorp. The Member acknowledges any and all warranties provided are from the surge protection device manufacturers and are provided to the Member for so long as the surge suppression warranties are deemed by the manufacturer to be in effect.

IX.

Release of Liability The Member specifically agrees to hold PRECorp, its officers, directors and employees harmless from and against any and all liability whatsoever arising out of or as a result of this Agreement. Member agrees to hold PRECorp, its offcers, directors and employees, harmless from any and all liability of any kind or nature, including death, personal injury, disability, etc. in connection with the operation, service and installation of all surge suppression devices provided by PRECorp.

X.

Miscellaneous Provisions A. B. C. D. E.

F. G. H.

Time is of the essence of this Agreement and this applies to all terms and conditions contained herein. In the event of a dispute, this Agreement shall be governed according to the laws of the State of Wyoming. Nothing contained herein shall be construed or implied to indicate a partnership or other joint venture. Execution of this Agreement by the Member shall bind the Member, its immediate family, including but not limited to spouse, children, relatives and all social guests and invitees, to the terms and conditions of this Agreement including the provision of Section IX. In the event of default of any of the terms and conditions of this Agreement, which default shall not be cured within ten days after notice of default has be mailed to the defaulting party, the non-defaulting party shall be entitled to recover all reasonable costs, attorney fees and interest required in order to enforce the non-defaulting party’s rights pursuant to the terms and conditions of this Agreement. This Agreement represents the entire Agreement between the parties and there are no other oral or written Agreements which have not be made a part of this Agreement. This Agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. This Agreement shall not be assigned without the express written consent of PRECorp or the Member as the case may be.

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Surge Protection Lease Agreement

DATED this

day of January,

2009.

Member's Name

X Signature

X Signature

X Member's SS# / TIN#:

STATE OF WYOMING

) : ss.

COUNTY OF

)

The above and foregoing Lease Agreement was subscribed, sworn to and acknowledged before me by

______________________________, on this _____ day of ____________________, 2008.

Witness my hand and official seal.

______________________________________ Notary Public My Commission Expires:

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surge-protection-agreement