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~'. <br />its costs and reasonable attorneys fees which award shaII be made a <br />part of the arbitration award or supplemental award. <br />21. Hazardous or Radioactive Material <br />COM, INC. shaII 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 conducttng 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 ]aw and regulation. <br />22. 't7tie to Ores <br />MI VIDA represents to COM. INC. ~ that it has obtained or will <br />timely obtain. and will maintain to full force and effect during the <br />period of this Agreement, nay 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. R~resentations and Warranties by COM. INC. <br />COM, INC. warrants, represents and covenants that: <br />a. It is a corporation duly organtzed under the laws of the State <br />of Washington, is in good standing in Washington, shall remain in good <br />standing 1n 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 nut 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. sha]I provide to MI VIDA a <br />copy of the written resolution of the Board, signed by the Board's <br />secretary, appraviug this Agreement, prior to, or contemporaneously <br />with the execution of this Agreement. If such approval has not been <br />obtained within forty-$ve (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 />a 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 are <br />~~ <br />