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• • <br />Ii. COMPLIANCE WITH MOU <br />Both DMG and BMRI affirm that they shall comply with the provisions of this MOU <br />and that they shall continue to meet the conditions and requirements sl+ecified in this <br />document. <br />III. OBLIGATIONS OF BMRI <br />Under the terms of this MOU, BMRI shall: <br />1. Contract, by way of the Agreement for Third Party Oversight and Review <br />("the Agreement"), with a third party contractor to conduct independent <br />oversight and review of plans, specifications and construction activities related <br />to embankment raises and completion of the tailings facility at the San Luis <br />mine located at its facility in Costilla County, Colorado in accordance with the <br />requirements of this MOU. The Agreement shall include a detailed scope of <br />work setting forth with specificity the tasks to be completed thereunder; <br />2. Pay the third party oversight contractor pursuant to the terms specified in the <br />Agreement; and <br />-2- <br />