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expense, including direct legal expenses, of any non-compliance by <br />indemnifying party, including the cost of defending the right to main- <br />tain permits held in its name or for compliance with which it may be <br />responsible at law. <br />c. COM, INC. shall promptly apply to the Mined Land <br />Reclamation Board to be added to the Permit No. M-83-141 as a <br />successor or co-permit holder. COM, INC. wazrants that it will act <br />promptly and in good faith in submitting its application. <br />d. Should COM, INC. be denied the right to be added to the <br />permit as a successor, or should the request be delayed more than <br />ninety (90) days from the date of the execution of this Agreement. <br />COM, INC. may declare this Agreement terminated immediately upon <br />written notice to MI VIDA by delivering said notice through the <br />regular mail or in person to an officer, director, shareholder or <br />employee of MI VIDA. <br />e. Upon the timely satisfaction of this condition, COM, INC. shall <br />tender to MI VIDA a written letter witnessing the satisfaction of the <br />condition and the date of action by the Mined Land Reclamation Boadd. <br />15. Unavoidable Delays <br />Notwithstanding anything herein to the contrary. MI VIDA <br />agrees not to hold COM, INC. responsible for any losses or damages <br />incurred by MI VIDA due to COM, INC.'s inability to produce or deliver <br />concentrates, or delay in production or delivery of concentrates, due <br />to any act, delay, or failure to act on behalf of any governmental <br />authorities, third party vandalism, acts of God (including, but not <br />limited to fire, flood, windstorm and other damage from elements), <br />explosion or major equipment breakdowns, accidents, labor distur- <br />bances, unavailability of power, fuel, water, supplies or necessary <br />equipment, non-routine mill shutdowns for rehabilitation, repair or <br />modification purposes and other causes beyond COM. INC.'s control. <br />16. Modification <br />Any modification of this Agreement shall not be binding unless it <br />is in writing and signed by both pazties. <br />17. Assignment <br />a. MI VIDA may assign lts rights under this Agreement, in whole <br />or in part, so long as such assignment is made in connection with the <br />14 <br />