Laserfiche WebLink
its costs and reasonable attorney's fees which award shall be made a <br />part of the azbitration awazd or supplemental awazd. <br />21. Hazardous or Radioactive Material <br />COM, INC. shall not receive or mill any hazardous or toxic ores <br />that violate the tailings pond permit, including radioactive ores. COM, <br />INC. shall be responsible for conducting any and all testing or monitor- <br />ing of ores and their waste products, including tests of mill tailings <br />and environmental monitoring wells, as required by permits or appli- <br />cable law and regulation. <br />22. Title to Ores <br />MI VIDA represents to COM, INC. that it has obtained or will <br />timely obtain, and will maintain in full force and effect during the <br />period of this Agreement, any licenses or other authorizations to <br />receive title to, mine, own, possess, acquire, transport, or transfer any <br />ore delivered to the COM, INC. Mill by it. MI VIDA will, upon written <br />request, supply evidence of such title or authorization. <br />23. ReQresentations and Warranties by COM. INC. <br />COM, INC. warrants, represents and covenants that: <br />a. It is a corporation duly organized under the laws of the State <br />of Washington, is in good standing in Washington, shall remain in good <br />standing in Washington for the term of the Agreement, and has quali- <br />fied to do business in Colorado. <br />b. It is authorized and has the right to enter into this <br />Agreement and to carry out its duties and obligations and to execute <br />the instruments called for hereunder. COM, INC. shall obtain the <br />consent of its duly constituted Board of Directors to the approval and <br />execution of this Agreement. COM, INC. shall provide to MI VIDA a <br />copy of the written resolution of the Board, signed by the Board's <br />secretary, approving this Agreement, prior to, or contemporaneously <br />with the execution of this Agreement. If such approval has not been <br />obtained within forty-five (45) days after the date of MI VIDA's <br />approval under 24(b) below, this Agreement shall become null and <br />void without the necessity of further action. <br />c. Its execution of this Agreement and performance of its duties <br />and obligations hereunder will not and do not violate the terms of any <br />other agreement, written or oral, to which it is bound. and there aze <br />~~~ <br />