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1 <br /> <br /> i. In the event of an objection by MI VIDA as to the mill manager <br />' selected. COM. INC. shall select a substitute mill manager. Any such <br /> objection shall be based upon reasons of lack of competence, as <br />t defined in 10.k. below, or questioned integrity, as specified to COM. <br />iti <br />INC <br /> ng. <br />. in wr <br /> j. COM, INC. shall be entirely free to appoint its own mill <br /> supervisor under whom the mill manager will serve. <br /> k. "Competent" shall be defined herein as "having experience in <br />' precious metals milling operations so as to be able to manage the mill" <br /> so as to achieve recoveries meeting standards for the industry in a <br />' timely manner and having demonstrated working knowledge of flow <br /> sheet, mill equipment and the milling process. <br />' 11. No Ag_encxPartnership or Joint Venture <br />hi <br />t <br />t <br />d <br />b <br /> ners <br />p, <br />create, any <br />usiness par <br />oes no <br />This Agreement, <br /> mining partnership, limited partnership or joint venture, or like <br />' entity or association. Nothing herein shall be construed to create, <br /> expressly or by implication, a business relationship other than that of <br /> parties to this milling contract. Neither party is granted any agency in <br /> law or in fact, one by the other to this Agreement. Neither party shall <br />' be empowered to act for or on behalf of the other or bind the other to <br /> any undertaking not explicitly set forth within the letter of this <br />' Agreement. <br />12. Risks and Burdens of Oration -Insurance <br />a. As to any ores milled pursuant to this Agreement, the <br />t business of COM, INC. shall be milling, and that of MI VIDA, owner of <br />the ore delivered to the Mill for processing. Each party shall be solely <br />responsible for, and shall hold the other party harmless from and <br />indemnify for any costs, claims, expenses, losses, liabilities, liens or <br />encumbrances which the other party may sustain by claims arising <br />from and during the course of conducting its own respective business, <br />' save and except as otherwise may be specifically provided for herein. <br />b. To the extent that either party suffers a direct cost, expense, <br />claim, liability, loss, lien or encumbrance upon itself or its property as <br />a direct result of a failure of the other party to abide by this Agreement <br /> (other than disputes between the parties as to compliance with the <br />' Agreement), or, as a result of inaction or action taken by the other <br />12 <br />