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<br /> <br />DRAFT <br />sampling and analysis of certain monitoring points associated with the tailings <br />facility at the San Luis mine located at its facility in Costilla County, Colorado <br />in accordance with the requirements of this MOU. The Contra~t shall include <br />a detailed scope of work setting forth the frequency, locations, analytical <br />parameters and procedures to be utilized in conducting the sampling and <br />analyses hereunder; <br />i <br />2. Pay the third party contractor pursuant to the terms specified ir~ the Contract; <br />and ~ <br />3. Upon proper notice as specified hereunder, provide access to is facilities to <br />the third party contractor for the purpose of conducting sam ling activities <br />required hereunder. Nothing herein otherwise limits BMRI' authority to <br />restrict access to its facilities. <br />IV. OBLIGATIONS OF DMG <br />Under the terms of this MOU, DMG shall: <br />1. Select, with the concurrence of BMRI, the third party c ntractor and <br />independent laboratory to be used to analyze the samples o rained in the <br />third party sampling program contemplated hereunder. ~ <br />2. Direct the sampling and analytical activities of the third party <br />retained by BMRI pursuant to the Contract and the requir< <br />MOU; <br />V. <br />3. Receive and review data and reports received from the third <br />and provide copies of all such materials to BMRI; and <br />4. Receive and review invoices issued by third party sampling <br />transmit comments to BMRI. <br />ADMINISTRATION OF THIRD PARTY SAMPLE COLLECTION <br />A. Sampling Location and Frequency <br />1. Independent sampling, and subsequent sample analysis <br />an analytical laboratory retained by the third party contr. <br />of this <br />contractor <br />and <br />lucted by <br />shall be <br />-2- <br />