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<br />1 <br />' pond physically and topographically suitable for new pond <br /> construction. Title to the contributed lands shall remain in MI VIDA. <br /> Designation of the lands shall be by written license allowing the <br />' construction, operation and maintenance of the new pond(s). <br /> g. In aid of the required use, operation, maintenance, service <br /> and repair of tailings ponds facilities, and pick-up and delivery of ore <br /> from storage sites to the Mill, MI VIDA grants to COM, INC. such <br /> floating rights of use over owned and controlled lands as are reason- <br /> ably required. These rights of use shall be in the nature of a license, <br />' the duration of which shall be co-extensive with the term of this <br /> Agreement, which use shall not mature into an easement or any rights <br /> running with the land. The utilization of these rights shall include <br />' rights of access to water sources and storage facilities as are made <br /> available under this Agreement as provided in sub-paragraph (a) above. <br /> h. COM, INC. shall make such use of the rights granted here- <br /> under as aze reasonably required and for the purposes specified and <br />' shall not overburden the land beyond that which is necessary nor <br /> unreasonably interfere with any of the uses of MI VIDA. <br /> 8. Past Disputes Not Resolved Herein -Statement of Intent <br />1 <br /> a. The parties aze not now in agreement as to diverse matters <br /> governing their respective interests in and to certain properties out- <br /> side the scope of this Agreement. As to those matters, the parties <br /> agree only that they are currently in disagreement. The execution of <br /> this Agreement is not intended to resolve those disputes or to <br /> accomplish either an explicit or implicit waiver or release of respec- <br />t five claims, causes of action or negotiating positions. <br /> b. This Agreement may serve as the basis for negotiating a <br />' resolution of unresolved disputes, however, the parties are here <br /> expressly declaring this Agreement is not to be construed as any <br />' resolution or compromise of any claims or agreement to execute any <br />rth <br />f <br />t <br />f <br />t <br /> er or <br />u <br />ure agreemen <br />s. <br />u <br /> 9. Inspection of Mill <br />' a. COM, INC. shall allow a reasonable number of designated <br />J employee(s), visitors or agents of MI vIDA to over-look milling opera- <br />, bons when MI VIDA's ore is being crushed, milled, tabled, concen- <br /> trated, filtered, dried or loaded. <br /> <br /> 9 <br />