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<br />1. Term of Contract <br />' The term of this contract shall be ten (10) years, which term <br />may be earlier terminated. e.~ctended or modified by the signed written <br />' agreement of the parties. <br />2. The Mill <br />COM. INC. and MI VIDA agree as follows regarding the physical <br />' plant of the Mill: <br />a. The MiII is currently set up to produce both a gravity and a <br />' bulk flotation concentrate. The two types of concentrates shall be <br />generally known as the "Concentrates". <br />' b. The current capacity of the Mill is fifty (50) tons of ore per <br />day on a 24-hour operational basis, more or less. <br />c. The parties reasonably expect that the Mill can be operated <br />for minimum of twenty (20) days per calendaz month, but may be <br />operational for more extended periods, circumstances allowing. <br />' d. Both COM, INC. and MI VIDA agree that they fully understand <br />the design, capacity, production flow sheet and operational abilities <br />' and disabilities of the Mill as the same existed on October 1, 1990. <br />e. Both parties agree that the Mill is most efficiently operated <br />on a continuous basis at times when ore is available for milling, but <br />that continuous operation, though desirable, is not always possible. <br />' f. None of the statements contained in this Section 2 are <br />intended as a warranty or guarantee. The listed statements (a)-(e) are <br />' intended to state the underlying factual assumptions agreed upon by <br />the parties in which each has been fully advised, and as to which <br />information neither party is reliant upon the other. <br />3. MI VIDA Ore <br />MI VIDA may produce certain ores for processing at the Mill <br />' (the "ore"). The ore consists of two types, as follows: <br />a. "Dump Ore" shall be defined as ore obtained by sorting and/or <br />' hauling ore from existing mine dumps or surface stockpiles. <br />' mining of underground ores or lifting of existing underground <br />stockpiles. <br />MI VIDA is currently prepazed to provide dump ore only. The <br />' parties anticipate that MI VIDA will produce mine run ore for <br />b. "Mine Run Ore" shall be defined as ore obtained from new <br />' 2 <br />