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<br /> <br />' its costs and reasonable attorney's fees which award shall be made a <br />' part of the arbitration award or supplemental award. <br />21. Hazardous or Radioactive Material <br />COM, INC. shall not receive or mill any hazardous or toxic ores <br />' that violate the tailings pond permit, including radioactive ores. COM, <br />INC. shall be responsible for conducting any and all testing or monitor- <br />' ing of ores and their waste products, including tests of mill tailings <br />and environmental monitoring wells, as required by permits or appli- <br />' cable law and regulation. <br />22. Title to Ores <br />' MI VIDA represents to COM, INC. ~ that it has obtained or will <br />timely obtain, and will maintain in full force and effect during the <br />period of this Agreement, any licenses or other authorizations to <br />' receive title to, mine, own, possess, acquiFe, transport, or transfer any <br />ore delivered to the COM, INC. Mill by it. MI VIDA will, upon written <br />' request, supply evidence of such title or authorization. <br /> 23. Representations and Warranties by COM, INC. <br />' COM, INC. warrants, represents and covenants that: <br /> a. It is a corporation duly organized under the laws of the State <br /> of Washington, is in good standing in Washington, shall remain in good <br />' standing in Washington for the term of the Agreement, and has quali- <br /> fied to do business in Colorado. <br />t b. It is authorized and has the right to enter into this <br /> Agreement and to carry out its duties and obligations and to execute <br />' the instruments called for hereunder. COM, INC. shall obtain the <br /> consent of its duly constituted Board of Directors to the approval and <br /> execution of this Agreement. COM, INC. shall provide to MI VIDA a <br />' copy of the written resolution of the Board, signed by the Board's <br /> secretary, approving this Agreement, prior to, or contemporaneously <br /> with the execution of this Agreement. If such approval has not been <br /> obtained within forty-five (45) days after the date of MI VIDA's <br />' approval under 24(b) below, this Agreement shall become null and <br /> void without the necessity of further action. <br />' c. Its execution of this Agreement and performance of its duties <br /> and obligations hereunder will not and do not violate the terms of any <br />' other agreement, written or oral, to which it is bound, and there are <br /> 17 <br />