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<br />workman's compensation, social security, unemployment insur- <br />ance, state and federal taxes have been paid. CMA and Smyth <br />agree to hold all assignees harmless from any claims arising <br />prior to the assignment of the lease, including costs and <br />attorney's fees. <br />3. CtQP. and Smyth further agree that as long as <br />White and Thornton consent, CMA shall continue to operate as <br />lessee under the mining lease and to comply with all pro- <br />visions of the lease. <br />4. Upon default in the promissory note, CMA and <br />Smyth agree to vacate the premises with 72 hours notice and <br />to turn the operation over to White and Thornton, and grant <br />White and Thornton a lien upon all equipment working on the <br />site. <br />5. CtIA and Smyth agree to convey a security <br />agreement and financing statement to White and Thornton in <br />the form attached hereto granting a first priority security <br />interest in the property referred to herein. <br />6. White and Thornton agree that in the event <br />they take over operation of the mining lease due to default <br />in the promissory note, they will operate in accordance with <br />the lease, and DCS~G agrees that it will operate the lease- <br />hold interest in accordance with the terms of the lease. <br />7. In the event that any warranty or agreement <br />contained herein is not perfor;ned by CMA or Smyth, they <br />agree that white and Thornton shall be entitled to recover <br />their costs and attorney's fees, in addition to their <br />damages incurred due to such breach, in the event that such <br />costs and attorney's fees are incurred in the enforcement of <br />this agreement. . <br />