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and processed by Processor, the terms of this Section are material and irrevocable by Customer, and <br /> Customer shall have no right to take delivery of the Feedstock, Byproduct, or Concentrate except as <br /> expressly provided in this Section, and Processor shall have no obligation or duty to redeliver the same to <br /> Customer. <br /> 6. Authority. Customer designates the person stated in the Term Sheet as the agent of <br /> Customer ("Customer Agent")to (a) authorize or transport and disposal of the Concentrate and Byproduct <br /> on behalf of the Customer; (b) make and give all other elections, decisions, instructions, and directives to <br /> be made by Customer under this Agreement; and (c) to amend this Agreement, including execution of <br /> addenda to this Agreement on behalf of Customer. Customer may from time to time appoint additional <br /> Customer Agents in writing, or by designation sent from the email address of Customer stated in the Term <br /> Sheet. If more than one Customer Agent is appointed at any one time, each Customer Agent shall have <br /> all powers set forth above acting solely and separately. The authority of any Customer Agent appointed by <br /> Customer shall continue until expressly revoked in writing by Customer. Upon request, Customer Agent <br /> will submit an official photo identification to Processor, and Processor may retain a copy of such <br /> identification for its records. <br /> 7. Grind Size. Customer is responsible for consulting with Customer's geologist or engineer <br /> to determine the optimal grind size("Grind Size")for liberation. Processor will grind the Concentrate to the <br /> Grind Size specified by Customer in the Term Sheet. <br /> 8. Optional Grinding Mill Flush. Customer may elect to have Processor flush the grinding mill <br /> to remove any residual amounts of Concentrate and precious metals that may remain in the ball mill after <br /> processing the Feedstock has been completed. If Customer so elects in the Term Sheet, Customer agrees <br /> to pay the Residue Removal Fee as set forth in the Fee Schedule. If Customer elects not to pay the Residue <br /> Removal Fee, Customer relinquishes and assigns to Processor all Concentrate and precious metals that <br /> may remain in the ball mill after completing processing of the Feedstock. <br /> 9. Ownership and Risk of Loss. The Feedstock, Concentrate, and Byproduct shall be and <br /> remain the property of Customer at all times. Processor agrees to use reasonable means to assure security <br /> at the Processing Facility. Processor does not insure against theft or other loss. Customer retains all risks <br /> of loss with respect to the Feedstock, Concentrate,and Byproduct. Customer acknowledges that Customer <br /> may arrange property loss insurance to compensate Customer in the event of theft or other loss. Customer <br /> releases Processor from liability for loss,damage, or destruction thereof to the maximum extent allowed by <br /> applicable law. <br /> 10. Feedstock Quality Standards. Except as otherwise agreed in writing, Customer is <br /> responsible for the Feedstock meeting customary standards for processing prior to its delivery to the <br /> Processing Facility (the "Feedstock Quality Standards"), including: (a) classifying and crushing the <br /> Feedstock into sizes that can be processed by Processor; and (b)removing any excess quantities of wood <br /> and plants, other organic materials, scrap metal, and other debris that would interfere with processing the <br /> Feedstock. The Feedstock delivered to Processor for milling must not exceed six (6) inches in size. Any <br /> parts of Feedstock exceeding such size cannot be processed. Any parts of the Feedstock delivered to <br /> Processor that do not meet the Feedstock Quality Standards may,at Processor's election,be(a)processed <br /> by Processor to meet the Feedstock Quality Standards, (b) re-transported to Customer's mine or other <br /> storage site, or (c) otherwise removed and disposed of in Processor's discretion, without liability, and <br /> Customer agrees to pay Processor's Fees for such processing,transport, or removal and disposal. <br /> 11. Mine Site Sampling and Testing. Prior to Processor's acceptance of any Feedstock for <br /> delivery at the Processing Facility, Processor will collect samples of the Feedstock at the Customer's mine <br /> or other storage site and submit to a laboratory that is certified to perform the analyses upon the samples <br /> of Feedstock as Processor shall deem appropriate for the processing of the Feedstock and for the <br /> appropriate transport, handling, and disposal of the Feedstock, Byproduct, and Concentrate. Processor <br /> may collect additional samples and submit additional samples for analyses after each processing run as <br /> Processor determines to be reasonable. Processor may use aerial imagery at the Customer's mine site in <br /> connection with estimations of tonnage and the number of samples needed to be collected and analyzed. <br /> 2 <br />