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<br /> <br />coarse ore bins, which bins have an agreed capacity of approximately <br />one hundred (100) tons, times Fifteen Dollars ($15.00). MI VIDA shall <br />immediately pay any deficiency brought to its attention as invoiced by <br />COM, INC. to MI VIDA. <br />(3) With MI VIDA's employee present, the reading on the <br />belt scale shall be logged into the Mill records at the commencement <br />of each run of MI VIDA's ore. It shall be the responsibility of MI VIDA <br />to have its employee present at scheduled commencement. The belt <br />scale shall be read and properly logged at least hourly during the <br />milling process to aid the parties in determining the progress of <br />milling. The belt scale meter shall be locked in such a manner that it <br />is capable of being read, but secure from damage or tampering. <br />(4) As to any run of MI VIDA ore through the Mill, MI <br />VIDA shall promptly pay any unpaid base charges due as invoiced and <br />COM, INC. shall credit against the final charge any overpayment of base <br />charge based upon any over-estimates of delivered tonnage, prior to <br />and in excess of actual weighing. <br />c. The final charge, being the remainder of the base charge, <br />shall be paid as follows: <br />(1) At the time barrelled concentrates are released by <br />COM, INC. for shipment by MI VIDA to the smelter or purchaser of its <br />designation, MI VIDA shall pay the second half of the base charge for <br />the number of tons milled for that run of concentrates based upon the <br />belt scale reading for such run. <br />(2) The parties agree this will result in a one-time <br />overpayment for fifteen (15) tons of ore weighted in but not fully <br />processed (still in the mill circuit). This one-time overpayment will <br />automatically net out at the completion of the mill run. The fifteen <br />(15) tons in process shall be subtracted as provided in Section 6 so as <br />to determine the grade surcharge for each smelter shipment lot. <br />6. Payment of Grade Surcharge <br />a. Payment of the grade surcharge shall be made by MI VIDA to <br />COM, INC. after, and based upon, the returns obtained from the <br />smelter or other commercial purchaser (the "smelter") of the MI VIDA <br />concentrates. The smelter settlement sheet and the belt scale <br />reading from the Mill shall be utilized to determine the grade of the <br />5 <br />