2011-03-14_REVISION - M1977493 ‎(47)‎

• Permit No: M1977493
• IBM Index Class Name: REVISION
• Doc Date: 3/14/2011
• Doc Name: Exhibit List, Exs. 34 to 38
• From: Climax
• To: MLRB
• Type & Sequence: AM6
• Media Type: D
• Archive: No

CM0001194
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(b) upon receipt of notice from either Seller
or the Company that the parties dispute payment of or
default under the Note or the obligations under the Security
Documents, or receipt of conflicting notices for the release
of the Certificate, Escrow Agent shall interplead the
Certificate and other documents held in escrow with the
Clerk of the District Court of Summit County, Colorado.
Upon filing of its complaint in interpleader Escrow Agent
shall be released of all further liability hereunder.
5. Term., This Agreement shall terminate upon the
earlier to occur of January 1, 1996 (unless extended by
agreement of the parties) or release of the Certificate and
other documents pursuant to Section 3 above or upon the
deposit of the Certificate and other documents with a court
pursuant to Section 4(b) above. If the Certificate and
other documents have not been released on or before
January 1, 1996, the Escrow Agent shall.deposit all items
held with the District Court as provided in Section 4(b)
above or as jointly directed by Seller and the Company.
6. Notices. All notices and other communications
called for hereunder shall be given in writing and deemed
given two days after deposit in the United States mail,
postage prepaid, to the parties at the following addresses:
Seller: Climax Molybdenum Company
101 Merritt 7 Corporate Park
P.O, Box 5113
Norwalk, Connecticut 06856-5113
Attention: President
with a copy to:
Climax Metals Company
101 Merritt 7 Corporate Park
P.O. Box 5113
Norwalk, Connecticut 06856-5113
Attention: General Counsel
The Company: Clinton Ditch & Reservoir Company
P.O. Box 68
Breckenridge, CO 80424
Attention: President
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with a copy to:
Glenn E. Porzak
Holme Roberts & Owen
1401 Pearl Street, Suite 400
Boulder, Colorado 80302
H-4