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• (vi) Ths business of Assignor as a going <br />concern and any and all trademarks, trade names, service marks <br />and registrations relating to the use ot,.and the right to <br />use, the names 'Munger Canyon Mine"', "'McGlone canyon Minas and <br />Salt Creek Mining Company and the goodwill associated <br />therewith; <br />(vii) All inventories of mined coal and <br />athsr minerals stockpiled at the Mines, tipples or loading <br />facilities and awaiting shipment and any other raw materials, <br />work in progress and linishsd goods owned by Assignor, ' <br />wherever situated, which era in the possession and control of <br />Assignor or warehouse receipts or documents of title covering <br />same that are in the possession and control o! Assignor; <br />(viii) Any and all other property o! <br />Assignor, tangible an4 intangible, and of any kind or nature <br />whatsoever; and <br />(ix) To the extent so transferable, the <br />nonexclusive benelit ot, and the nonexclusive right to <br />snlorca, the covenants and warranties, it any, that Assignor <br />is entitled to enforce with respect to the Property against <br />• Assignor's predecessors in title to the Property and the <br />manulacturers of the Property; <br />(b) Mack hereby quitclaims, sslla and assigns <br />to Assignee all o! Mask's right, title and interest, it any, <br />in the Property now or heretofore owned by seller. <br />PROVIDED, HOWEVER, that to the extent the provisions <br />of any contract prohibit the assignment thereof without the <br />consent of the other party thereto, or any law, rule, <br />regulation or ordinance provides that the assignment or othor <br />transfer of the Property will result in its cancellation or <br />forfeiture or a default, then in any such case such Property <br />shall be excluded from the foregoing assignments and grants <br />unless and until such time as the required consent has been <br />obtained or, in the cane of a prohibition under any law, Tula, <br />regulation or ordinance, unless and until such prohibition no <br />longer applies; <br />TO HAVE AND TO HOLD the Property unto Aaeignse, its <br />successors and assigns forever, ne i8, wasxa i8. 1nTSOtrr <br />• <br />3 <br />