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So long as this Agreement is in force and effect, COM. INC. shall <br />have access to the described properties for the purpose of disposing of <br />tailings in the tailings pond, and to the water, water rights and water <br />storage rights for the purpose of providing for or supplementing the <br />Mill's water supply for milling purposes. COM, INC. shall diligently ., gyp.,,, <br />comply with any and all legal or permit requirements for the use of ` U~ ~, ,~ <br />the water storage rights, water rights and the tailings pond. -~"~J(~ <br />b. The parties have discussed and considered the requirements <br />of Colorado law with regard to the use of water for mining and milling <br />purposes, and for the disposal of fallings in accordance with applicable <br />laws and regulations. <br />The parties have pledged their mutual cooperation and good <br />faith in attempting to assure the Mill access to sufficient water and <br />tailings disposal capacity from resources available to them in the I <br />general area, which promise of cooperation and good faith contains no i <br />warranty, explicit or implicit, that water or tailings disposal capacity <br />is, or will always be, available within the constraints imposed by _ <br />Colorado law or circumstances currently unforeseen by the parties. ` <br />c. The parties are aware that at some future point during the <br />term of this Agreement, additional tailings pond capacity will be <br />required. It is intended by the parties that an additional pond or <br />i -~-u,~.(,~ S <br />ponds will be constructed upon adjacent lands currently owned by MI r- ~`~] <br />VIDA. The capacity of the existing tailings pond is assumed to be I ~~ <br />12,500 tons of tailings, of which an estimated 10,000 tons of capaciJ <br />is currently available. <br />d. The parties wish to state the agreed basis for the future <br />acquisition and construction of tailings pond capacity to standards <br />required by applicable laws, regulations or permits. <br />e. COM, INC. shall plan for the construction of additional tailings <br />pond capacity on a reasonable planning schedule based upon the rate <br />of filling of the existing pond and the likely amount of time required <br />for construction and permitting of a new pond or ponds. <br />f. MI VIDA shall satisfy its contribution obligation by contri- <br />buting the surface land interests required for new tailings pond <br />construction. The land contributed from MI VIDA's land holdings <br />shall consist of a surface interest in lands reasonably near the existing <br />8 <br />