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.. <br />i. In the event of an objection by MI VIDA as to the mill manager <br />selected. COM, L~1C. shall select a substitute mill manager. Any such <br />objection shall be based upon reasons of lack of competence. as <br />deAned !n 10.k. below, or questioned integrity, as specified to COM, <br />INC. itl writing. <br />j. COM, INC. shalt be entirely tree to appoint its own mill <br />supervisor under whom the mitl manager wnl serve. <br />k. "Competent" shall be deeaed herein as 'having experience in <br />precious metals milling operations so as to be able to manage the mill" <br />so as to achieve recoveries meeting standards for the industry, in a <br />ttmely manner and having demonstrated working luiowkdge of flow <br />sheet, mill equipment and the milling process. <br />11. No E~~;y Parezershin er .IoLnt V~tw*e <br />This Agreement. does not create, any business partnership, <br />mining partnership, limited partnership or foist vesture, or like <br />entity or association. Nothing herein shall be construed to create. <br />expressly or by implication, a business relationship other than that of <br />parties to this milling contract. Neither party is granted spy agency is <br />law or in fact, one by the other to this Agreement. Neither party shall <br />be empowered to act for or on behalf of the other or bird the other to <br />any undertaking not explidtly set forth within the letter of this <br />Agreement. <br />12. B1gks and BurdezL of Operation - L*±s+•rance <br />a. As to any ores milled pursuant to this Agreement, the <br />business of COM, INC. shall be milling, and that of MI VIDA, oavser of <br />the ore delivered to the Mill for processing. Each party shall be solely <br />responsible for, and shall hold the other party hanaless from and <br />indemnify for any costs, claims, expenses. losses, liabilities, liens or <br />encumbrances which the other party may sustain by claims arising <br />from and during the course of conducting !ts own respeetlve business, <br />save and except as otherwise may be specifically provided for herein. <br />b. To the extent that either party suffezs a direct cost. expense. <br />claim, llabtl[ty, loss. lien or encumbrance upon itself or its property as <br />a direct result of a failure of the other party to abide by this Agreement <br />(other than disputes between the parties as to compliance with the <br />Agreement). or, as a result of inaction or action taken by the other <br />12 <br />