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1 <br /> <br />' So long as this Agreement is in force and effect. COM. INC. shall <br /> have access to the described properties for the purpose of disposing of <br /> tailings in the tailings pond, and to the water, water rights and water <br />' storage rights for the purpose of providing for or supplementing the <br /> Mill's water supply for milling purposes. COM. INC, shall diligently <br />' comply with any and all legal or permit requirements for the use of <br /> the water storage rights, water rights and the tailings pond. <br /> b. The parties have discussed and considered the requirements <br /> of Colorado law with regard to the use of water for m;r,;r,g and milling <br />' purposes, and for the disposal of tailings in accordance with applicable <br /> laws and regulations. <br />' The parties have pledged their mufual cooperation and good <br />M <br />ll <br />ffi <br />h <br />d <br /> i <br />cient water an <br />faith in attempting to assure t <br />e <br />access to su <br /> tailings disposal capacity from resources available to them in the <br />' general area, which promise of cooperation and good faith contains no <br /> warranty, explicit or implicit, that water or tailings disposal capacity <br />' is, or will always be, available within the constraints imposed by <br /> Colorado law or circumstances currently unforeseen by the parties. <br />1 c. The parties are aware that at some future point during the <br /> term of this Agreement, additional tailings pond capacity will be <br /> required. It is intended by the parties that an additional pond or <br />' ponds will be constructed upon adjacent lands currently owned by MI <br /> VIDA. The capacity of the existing tailings pond is assumed to be <br /> 12,500 tons of tailings, of which an estimated 10,000 tons of capacity <br /> is currently available. <br />' d. The parties wish to state the agreed basis for the future <br /> acquisition and construction of tailings pond capacity to standards <br />' required by applicable laws, regulations or permits. <br /> e. COM, INC. shall plan for the construction of additional tailings <br />' pond capacity on a reasonable planning schedule based upon the rate <br /> of filling of the existing pond and the likely amount of time required <br /> for construction and permitting of a new pond or ponds. <br />' f. MI VIDA shall satisfy its contribution obligation by contri- <br /> buting the surface land interests required for new tailings pond <br />' construction. The Iand contributed from MI VIDA's land holdings <br /> shall consist of a surface interest in lands reasonably near the existing <br /> <br /> g <br />