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201009342 "Settlement Date" means, with respect to the Called Principal of any First Mortgage Bond of the S.O1 % Series, the date on which such Called Principal is to be redeemed pursuant to Section �}. ARTICLE IV. AMENDMENTS TO MORTGAGE SECTION 1. Sectian 1.03 of the Original Indenture is amended by adding at the end thereof the following additional paragraph: Notwithstanding anything herein to the cantrary, with respect to each Net Earnings C�rtificate required at any time at which (a) any of the First Mortgage Bonds of the S.O1 % Series are Outstanding under the Indenture, and (b) any bonds are autstanding under the Campany's Mortgage and Deed of Trust, dated as of October 1, 1945 relating to the Company's utility property in the states af Montana and Wyoming (the "Montana Mortgage"), the "Adjusted Net Earnings of the Company" shall be, and shall be stated in such Net Earnings Certificate to be, the lessex of (A) the arnount (for the applicable period selected in accordance with paragraph (a) of this Section 1.03) determined in accordance with paragraph (a) of this Section 1.03 (and the other provisions of this Section l,p3 that are relevant to such paragraph) on the basis of (i) the items set forth in clauses (i) and (ii) of para�raph (a) of this Section 1.03 being such portians of such items of the Company as have been reasonably allocated by the Company to or froann the Mortgaged Property as a plant or plants and an operating system or operatin�; systems in a manner consistent with the rnanner of allocation utilized and/or to be utilized by the Company in making calculations of the "Adjusted Net Earnings of the Company" under and as defined in the Montana Mortgage, and (ii) the item set forth in clause (iv) of paragraph (a) of this Section 1.03 being calculated �ithout regard to income derived by the Company from any electric and/or gas utility business af the Company in which the Mortgaged Property is not utilized (but otherwise in accordance this Section 1.03), and (B) the amount (far the applicable periad selected in accordance with paragaph (a) of this Section 1,Q3) determined in accordance with para�aph (a) of this Section 1.03 (and the other provisions of this Section 1.03 that are relevant ta such paragraph) without any allocation or distinction as to the derivation of the items set Forth in any of the clauses of paragraph (a) of this Section 1.03, other than allocation ox distinetion between (i) the electric and/or gas utility business or businesses in which the Company is engaged (whether or nat the Mortga�ed Property is utilized in connection therewith), and (ii) the other business or businesses (if any) in which the Company is engaged (with such other business or businesses being given effect under the item set forth in clause (iv) of paxagraph (a) of this Section 1.03). Each such Net Earnings Certificate shall contain a statement af the signers of such Net Earnings Certi�'icate that, in the opinion of such signers, the allocations made in the calculations of "Adjusted Net Earnings of the Company" as set forth in such Net Earnings Certificate are in accordance with the requirements o�this final paragraph of this Section 1.03. ARTICLE V. THE TRUSTEE The Trustee hereby accepts the trusts hereby declared and provided, and agrees to perfor�x► the same upon the terms and conditions in the Indenture set forth and upon the following terms and conditions: 11 6720279v6