Grantor's Warranties. Grantor hereby represents and warrants that:
(a) To Grantor's actual knowledge, no Hazardous Materials have been collected, stored, treated or disposed of in a manner which materially violates any Applicable Laws, and no Hazardous Materials which would have a Material Adverse Effect are now located on the Mortgaged Property other than Hazardous Materials used in the ordinary course of Grantor's operations, all of which have been used in accordance, in all material respects, with proper specifications and procedures in accordance with Applicable Laws, and neither Grantor nor, to Grantor's actual knowledge and belief, any other person has ever caused or permitted any Hazardous Materials which would have a Material Adverse Effect to be placed, held, located or disposed of on, under or at the Mortgaged Property, or any part thereof other than Hazardous Materials used in the ordinary course of Grantor's operations, all of which
(b) To Grantor's actual knowledge, no part of the Mortgaged Property is being used nor, to Grantor's actual knowledge and belief, has been previously used for the disposal, storage, treatment, processing or other handling of Hazardous Materials, the effect of which would have a Material Adverse Effect, nor is any part of the Mortgaged Property affected by any Hazardous Materials Contamination which would have a Material Adverse Effect;
(c) To Grantor's actual knowledge and belief, no property adjoining the Mortgaged Property is being used, or has ever been used at any previous time for the disposal, storage, treatment, processing or other handling of Hazardous Materials which would have a Material Adverse Effect, nor is any other property adjoining the Mortgaged Property affected by Hazardous Materials Contamination which would have a Material Adverse Effect.
Grantor's Warranties. Grantor hereby represents and warrants that: Grantor has performed or caused to be performed reasonable investigations, studies and tests as to any possible environmental contamination, remedial obligation, liabilities or problems with respect to the Land and such investigations, studies and tests have disclosed no Hazardous Materials or Violations of Environmental Laws, except as set forth in the Environmental Reports. As used in this Article 7, any references to "Violations" of an Environmental Law shall also include any failure to comply with any such Environmental Law and any act, omission or condition which subjects any past, present or future owner or operator of, or lienholder secured by, the Land, to liability, or imposes remedial obligations on such owner, operator or lienholder, under such Environmental Law. Except as set forth in the Environmental Reports, to the knowledge of Grantor, there have been no releases of Hazardous Materials either at, upon, under or within the Land, and no Hazardous Materials have migrated to the Land from neighboring properties. Except as set forth in the Environmental Reports, to the knowledge of Grantor, no Hazardous Materials are located on or have been stored, processed or disposed of on, or released or discharged from (including discharges to groundwater), the Land or any other adjoining property currently owned or operated by Grantor or any affiliate of Grantor, and no above or underground storage tanks exist on the Land. Grantor has not received notice from any Governmental Authority, any tenant or other occupant of the Mortgaged Property or from any other person with respect to any release of Hazardous Materials at, upon, under or within the Land, and no investigation, administrative order, consent order and agreement, litigation or settlement with respect to Hazardous Materials or Hazardous Materials Contamination is proposed, threatened, anticipated or in existence with respect to the Land. The Land is not currently on, and has never been on, any federal or state "Superfund" or "Superlien" list. Except as set forth in the Environmental Reports, Grantor possesses all permits, licenses, registrations, and similar authorizations required to operate the Mortgaged Property under Environmental Laws, and the Mortgaged Property and all operations conducted thereon are currently in compliance with all Environmental Laws. Except as set forth in the Environmental Reports, neither Grantor nor, to the knowledge of Grant...
Grantor's Warranties. 8.1 The Grantor warrants to the Grantee that it is and will remain until the exercise of either the First Call Option or the First Put Option (as the case may be) or the expiry of the First Option Period (whichever is the later), the beneficial owner of the First Option Shares, subject only to such Options, that it is and will remain until the exercise of either the Second Call Option or the Second Put Option (as the case may be) or the expiration of the Second Option Period (whichever is the later), the beneficial owner of the Second Option 18 Shares, subject only to such Options, and that it has and will have full power and authority to grant Options in respect of the same upon the terms and conditions of this Agreement.
8.2 The Grantee warrants to the Grantor that it has and will have full power and authority to execute and comply with the terms and conditions of this Agreement.
Grantor's Warranties. Each of the Grantors severally warrant to the Grantee that:
Grantor's Warranties. THE GRANTOR represents and agrees to THE GRANTEE as follows:
a) THE GRANTOR holds exclusive title of the Mining Concessions described in Exhibit 1, and shall maintain said ownership to allow THE GRANTEE full exercise of its exploration activities and the Option Right contained in Clause Seven of this instrument.
b) All Mining Concessions are in effect at the signature of this document and agrees to keep them in effect while effective, free of any lien or encumbrance, claim from third parties, and in full compliance with the Mining Law and its regulations.
c) No other individual, office or corporation has entered into an agreement or option to acquire the Mining Concessions subject matter of this contract, in whole or in part, neither limit nor restrict their rights in any way
d) There are no claims, suits nor conflict related to neither the possession of the Mining Concessions, nor knowledge of the existence of any of them and there is no individual or entity holding any royalty, economic or legal interest in relation to the production of mineral ore under said Mining Concessions.
e) The Mining Concessions are legally and physically identified and described in the copy of each concession included in Exhibit 1.
f) During the term of this Agreement, THE GRANTOR shall:
i) Not reduce nor file a reduction petition of the area covered by the mining concessions without the written consent of THE GRANTEE.
ii) Not encumber, impair or offer as collateral the rights derived from the Mining Concessions, except to guarantee an obligation contracted herein.
iii) Perform all required, necessary or pertinent act to prevent any third party from encumbering, affecting or damaging the rights covered by the Mining Concessions.
iv) Guarantee and protect the uninterrupted and safe possession and enjoyment of the exploration rights herein granted.
v) Refrain from carrying out any inconsistent act with the provisions of this agreement.
Grantor's Warranties. Grantor warrants that: (i) this Security Instrument is executed at the request of Third Party Borrower; and (
Grantor's Warranties. Each party, with respect to the property for which it is the Grantor, warrants to the other as follows:
Grantor's Warranties. Grantor represents, warrants and covenants that, as of the Effective Date and to the best of Grantor’s knowledge:
3.1. Grantor is lawfully seized of an indefeasible estate in fee simple in and to the Property, and has a good right and power to convey this Easement;
3.2. Grantor possesses the authority to convey this Easement pursuant to [CROSS REFERENCE GOVERNING DOCUMENTS OR CORPORATE RESOLUTION];
3.3. No mortgages, liens, or other encumbrances affecting the Property exist that would prevent Grantee from enforcing the terms of this Easement;
3.4. Grantee, and its successors and assigns in title to this Easement, will have the quiet and peaceful possession of this Easement;
3.5. No Hazardous Materials exist, or have been previously generated, treated, stored, used, disposed of, deposited, or transported, in, on, or across the Property, and that there are no underground storage tanks located on the Property;
3.6. Grantor and the Property are in compliance with all federal state, and local laws, regulations and requirements applicable to the Property and its use;
3.7. There is no pending or threatened litigation in any way affecting, involving, or relating to the Property; and
3.8. No civil or criminal proceedings or investigations have been instigated at any time or are now pending, and no notices, claims, demands, or orders have been received, arising out of any violation or alleged violation of, or failure to comply with, any federal, state, or local law, regulation, or requirement applicable to the Property or its use.
3.9. Grantor will defend title to the Property, and Xxxxxxx’s right to convey this Easement, according to this Easement’s terms, against all persons who may claim such title or challenge Xxxxxxx’s right to make this conveyance.
Grantor's Warranties. Grantor hereby represents and warrants that, to the best of Grantor's knowledge, no hazardous waste (as defined in 42 U.S.C. Section 6901, et seq.) or hazardous substance (as defined in 42 U.S.C. Section 9601, et seq.), or other prohibited materials (together "Hazardous Materials") are now located on the Mortgaged Property and that neither Grantor nor, to the best of Grantor's knowledge, any other person has ever caused or permitted any Hazardous Materials to be placed, held, located or disposed of on, under or at the Mortgaged Property or any part thereof. To the best of Grantor's knowledge, no part of the Mortgaged Property has ever been used as a manufacturing, storage or dump site for Hazardous Materials nor is any part of the Mortgaged Property affected by an Hazardous Materials ("Hazardous Materials Contamination").
Grantor's Warranties. Grantor hereby represents and warrants that, to the best of Grantor's knowledge, no hazardous waste (as defined in 42 U.S.C. Section 6901, et seq.) or hazardous substance (as defined in 42 U.S.C. Section 9601, et seq.), health hazards (including, without limitation, mold), other prohibited or harmful materials (together "Hazardous Materials") are now located on the Mortgaged Property and that neither Grantor nor, to the best of Grantor's knowledge, any other person has ever caused or permitted any Hazardous Materials to be placed, held, located or disposed of on, under or at the Mortgaged Property or any part thereof. To the best of Grantor's knowledge, no part of the Mortgaged Property has ever been used as a manufacturing, storage or dump site for Hazardous Materials, nor is any part of the Mortgaged Property affected by any Hazardous Materials ("Hazardous Materials Contamination"). To the best of Grantor's knowledge and belief, no property adjoining the Mortgaged Property has ever been used as a manufacturing, storage or dump site for Hazardous Materials nor is any other property adjoining the Mortgaged Property affected by Hazardous Materials Contamination.
