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[ • • • <br />processing once bII VIDA has solicited and achieved adequate <br />financing for its underground mining Operation. MI VIDA 15 currently <br />not prepared to initiate dump sorting or underground mining <br />operations, but this shall In no way inhibit its future ability to obtain <br />processing of ores when produced. <br />4. Priority Milltne Avail b~iL1_ri <br />a. COM, INC. ahaA afford to MI VIDA a Srst claim upon the <br />milling capacity of the Mill upoa the terms herein provided (the <br />"priority milling"). <br />b. If MI VIDA desires to exercise its priority "first claim" to have <br />its ores processed at the miU, MI VII~A shall give COM, INC. a min- <br />imum of thirty (30) days written notice, accompanied by the initial <br />payment per paragraph 5.b.(1), that MI VIDA ores will be delivered to <br />the Mill and available for milling in milling lots. A 'milling lot" shall be <br />defined as a minimum of five hundred (500) tans of dump rock or two <br />hundred fifty (250) tons of mine run ore delivered in such a manner <br />and at such times that the Mill, once miIIing begins, is not forced to <br />cease operations for lack of ore until that milling lot has been fully <br />processed. <br />a If MI VIDA has exercised its priority first claim to have its <br />ores processed at the Mill. and MI VIDA has made its initial payment <br />pursuant to paragraph S.b.(1) but fails to deliver a milling lot within <br />five (5) days of the end of the thirty (30) day notice period. then COM. <br />1NC. may declare MI VIDA in default for that priority notice. COM, <br />INC. may retain the initial payment made and begin processing older <br />ore. Nothing herein shall prevent MI VIDA mom exercising its priority <br />claim rights upon a properly exercised new thirty (30) day notice and <br />a new initial payment to COM, IIJC. <br />d. No later than end of the 30•day period, the Mill shall be <br />operationally prepared to begin accepttng and milling MI VIDA ores. <br />e. Nothing herein shall prevent COM. INC. from milling other <br />ores as part of its ongoing milling business, providing that such other <br />milling does not impair the priority milling which is accorded herein <br />to MI VIDA <br />3 <br />