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' e.•cpense. including direct legal e.~cpenses. of any non-compliance by indemnifying party, including the cost of defending the right to main- ' tain permits held in its name or for compliance with which it may be responsible at law. c. COM, INC. shall promptly apply to the Mined Land Reclamation Board to be added to the Permit No. M-83-141 as a successor or co-permit holder. COM, INC. warrants that it will act promptly and in good faith in submitting its application. d. Should COM, INC. be denied the right to be added to the ' permit as a successor, or should the request be delayed more than ninety (90) days from the date of the execution of this Agreement. 1 COM, INC. may declare this Agreement terminated immediately upon written notice to MI VIDA by delivering said notice through the ' regular mail or in person to an officer, director, shazehoIder or employee of MI VIDA. ' e. Upon the timely satisfaction of this condition, COM, INC. shall tender to MI VIDA a written letter witnessing the satisfaction of the condition and the date of action by the Mined Land Reclamation Board. ' 15. Unavoidable Delavs Notwithstanding anything herein to the contrary, MI VIDA ' agrees not to hold COM, INC. responsible for any losses or damages incurred by MI VIDA due to COM, INC.'s inability to produce or deliver ' concentrates, or delay in production or delivery of concentrates, due to any act, delay, or failure to act on behalf of any governmental ' authorities, third party vandalism, acts of God (including, but not limited to fire, flood, windstorm and other damage from elements), explosion or major equipment breakdowns, accidents, labor distur- ' bances, unavailability of power, fuel, water, supplies or necessary equipment, non-routine mill shutdowns for rehabilitation, repair or ' modification purposes and other causes beyond COM, INC.'s control. 16. Modification ' Any modification of this Agreement shall not be binding unless it is in writing and signed by both parties. ' 17. Assignment a. MI VIDA may assign its rights under this Agreement, in whole or in part, so long as such assignment is made in connection with the 74