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<br /> <br />'Ihe subtraction of I5 tons as provided for at 6(c) and 6(d) above <br />shall not be made for any smelter shipment lot at the end of a run of a <br />milling lot when the ores in the mill circuit have been fully processed <br />and the circuit Rushed as provided herein. <br />e. The grade surcharge percentage shall be assessed and paid <br />based upon the average feed grade as determined at (c) above, as <br />folloars: <br />Percentage of Modffied Average Ore Grade is <br />Net Smelter Returns Gold Equivalent <br />to COM~ INC. Ounces <br />10% .20 or less ~ ' <br />996 > ZO to .40 <br />8% > .40 to .60 <br />7% > .60 to .80 <br />6% > .80 to .99 <br />546 > 1.0 or more <br />Grade shall be determined to the second decimal place by <br />rounding .005 or higher up, and .0049 or lower down. <br />f. For the purposes of this Agreement, the components (c) and <br />(d) used is the formula provided at subsection (d) shall be as follows: <br />c =presumed cost of milling = $30 <br />d =presumed cost of musing - $10 for Dump Ore; and <br />$150 for Mine Run Ore <br />g. Any savings accnsirig to either party by performing mining or <br />milling at lesser costs shall accrue to them. Any burden to either <br />party of experiencing greater costs of mining or milling shall accrue to <br />them alone, the parties having agreed to the presumed costs con- <br />tained in this Agreement. <br />h.. Unless otherwise agreed by the parties in writing, the <br />presumed cost of mining and the presumed cost of aiillirig shall be as <br />provided in subsection 6(~ for the term hereof. <br />i. The grade surcharge shall be paid within ten (30) days after <br />receipt of the final smelter settlement. <br />7, Ar ~cn ro Taslin¢a Pond nd Certa±.+ Water I2iaht~ <br />a. .MI VIDA is the record owner of certain lands, water vessels <br />and water storage rights as listed on Exhibit C hereto. MI VIDA has <br />stored certain of its water in the mines listed on Exhibit C hereto. <br />7 <br />