Joint Loss of Title. Any failure or loss of title to the Assets, and all costs of defending title, shall be charged to the Joint Account, except that all costs and losses arising out of or resulting from breach of the representations and warranties of a Participant shall be charged to that Participant.
Joint Loss of Title. Any failure or loss of title to the Assets, and all costs of defending title, shall be charged to the Joint Account. 164067
Joint Loss of Title. Any failure of loss of title to the Assets shall be charged to the Participants in proportion to their Participating Interests as they exist at the time a loss occurs, and all costs of defending title shall be charged to the Joint Account.
Joint Loss of Title. Any failure or loss of title to the Assets, and all costs of defending title, shall be charged to the Joint Account, except that all costs and losses arising out of or resulting from breach of the representations and warranties of ICMC shall be charged to ICMC and all such costs and losses arising out of gross negligence by Cyprus or the Manager shall be charged to Cyprus or the Manager as the case may be.
Joint Loss of Title. 11 ARTICLE 3 NAME, PURPOSES AND TERM........................................................................... 12 3.1 General............................................................................ 12 3.2 Name............................................................................... 12 3.3 Purposes........................................................................... 12 3.4 Limitation......................................................................... 12
Joint Loss of Title. Any failure or loss of title to the Assets, and all costs of defending title, shall be charged to the JointBusiness Account, except that allin the event of costs and losses arising out of or resulting from any breach of the representations and warranties of XCO, XCO shall be charged to XCO.immediately make an additional capital contribution to the Company of the amount of such costs and losses incurred by the Company, and shall indemnify 5 See infra note 16 regarding timing considerations in contribution of Properties to the Company. the Company, YCO and its Affiliates for any such costs and losses incurred by the Company, YCO or its Affiliates. Any such capital contributions shall be considered as part of XCO’s contribution of the Properties under Section 5.1, and for that reason shall not increase the Percentage Interest of XCO or be credited to XCO’s Capital Account.6
Joint Loss of Title. Except as otherwise provided in Section 2.7, during the Initial Contribution Period, any failure or loss of title to the Assets shall be borne by the Participants in accordance with their initial Participating Interests. If Kennecott elects to defend title during the Initial Contribution Period, then all costs of defending title incurred during such period shall be borne by Kennecott and included in the Work Expenditures under Section 5.2. During the Period of Joint Operations, any failure or loss of title to the Assets, and all costs of defending title, shall be charged to the Joint Account.
Joint Loss of Title. Any failure or loss of title to the Assets, except for losses arising out of a breach of the representations and warranties by Pegasus or Minera Andes, shall be charged to the Members in proportion to their Participating Interests, and all costs of defending title (except costs arising out of a breach of the representations and warranties by Pegasus) shall be charged to the Company.
Joint Loss of Title. Any failure or loss of title to the Assets, and ---------------------- all costs of defending title, shall be charged to the Joint Account, except that all costs and losses arising out of or resulting from breach of the representations and warranties of WGI shall be charged to WGI.
Joint Loss of Title. Any failure or loss of title to the Assets shall be charged to the Joint Venture and allocated among the Parties in proportion to their Participating Interests, provided however that, with respect to assets contributed to the Joint Venture in-kind by a Party, such failure or loss shall be borne solely by the contributing Party and such Party shall indemnify and hold harmless the Joint Venture and the other Parties with respect to such failure or loss. All costs of defending title shall be charged to the Joint Venture or to the Party contributing such assets, as the case may be.
