Common use of LESSOR’S TITLE Clause in Contracts

LESSOR’S TITLE. A. It is mutually understood and agreed that this Lease is granted only under such title as Lessor may now hold or hereafter acquire. Lessee may investigate and in Lessor’s name take any action it deems necessary to remedy any defects of title to the Red Rock Mineral Prospect. Lessor agrees to cooperate with Lessee in investigating and remedying any such defects in title; however, in the event that Lessor shall hereafter be divested of such title, Lessor shall not be liable for any damages sustained by Lessee. Additionally, Lessor shall not be liable in damages or otherwise, on account of Lessee’s possession thereof being destroyed or interrupted. Lessee’s only remedy in the event of failure of Lessor’s title is specified in the last sentence of Article 8.D below. B. It is understood and agreed that in the event of adverse claim or claims affecting mining claims comprising the Red Rock Mineral Prospect or the land covered thereby, Lessee shall be under no obligation to defend title, nor to contribute to the defense of title thereto, and it is specifically understood in such event that Lessor shall be under no obligation to defend title. C. Concerning possible conflicts with unpatented mining claims of third parties, neither party is under a specific obligation of title defense; Lessor leases merely whatever title it might have in such area of conflict. To the extent that Lessee desires to enter an area of conflict and endeavor to prove upon the title to Lessor’s claims, Lessee does so at its own risk and expense. Lessor represents that it has no knowledge of claims of third parties. Nothing in this agreement is intended nor shall it be construed to require that Lessee pay Production Royalty to Lessor for mineral production from property which is determined not to belong to Lessor. D. It is expressly agreed that Lessor does not warrant title to the Red Rock Mineral Prospect. To the best of Lessor’s knowledge, all of the claims listed in Exhibit “A” for the Mineral Prospect were located, monumented and recorded with the appropriate government entities as required by law and have been continuously maintained since location or relocation by assessment work or payment of claim maintenance fees and filing/recording of evidentiary documents as required by law. Lessor does, however, represent that the Red Rock Mineral Prospect is free and clear of all liens and encumbrances, including any leases, rights, or licenses granted to third parties by, through, or under Lessor, except taxes not yet payable and matters of record in Lander County, Nevada, if any; the consummation of this Lease will not result in or constitute a default or an event that, with notice or lapse of time or both, would be a default, breach or violation of any contract, commitment or arrangement to which Lessor is a party or by which it is bound; provided, however, that the unpatented mining claims constituting the Red Rock Mineral Prospect are acknowledged to be subject to the paramount title of the United States. Lessee’s sole and exclusive remedy for any breach or default by Lessor under this Article 8.D is to terminate this Lease and release its possession of the Red Rock Mineral Prospect. X. Xxxxxx shall not create, permit or suffer any liens or encumbrances, reservations, restrictions and easements on the Red Rock Mineral Prospect unless expressly subordinated to Lessee’s rights hereunder; that Lessee may, at its option, discharge such claims and thereby be subrogated to any liens or encumbrances on the Red Rock Mineral Prospect as to all rights of the holder thereof, and Lessee may recover any amounts so paid from any amounts otherwise due to Lessor.

LESSOR’S TITLE. A. It is mutually understood and agreed that this Lease is granted only under such title as Lessor may now hold or hereafter acquire. Lessee may investigate and in Lessor’s name take any action it deems necessary to remedy any defects of title to the Red Rock North Battle Mountain Mineral Prospect. Lessor agrees to cooperate with Lessee in investigating and remedying any such defects in title; however, in the event that Lessor shall hereafter be divested of such title, Lessor shall not be liable for any damages sustained by Lessee. Additionally, Lessor shall not be liable in damages or otherwise, on account of Lessee’s possession thereof being destroyed or interrupted. Lessee’s only remedy in the event of failure of Lessor’s title is specified in the last sentence of Article 8.D below. B. It is understood and agreed that in the event of adverse claim or claims affecting mining claims comprising the Red Rock North Battle Mountain Mineral Prospect or the land covered thereby, Lessee shall be under no obligation to defend title, nor to contribute to the defense of title thereto, and it is specifically understood in such event that Lessor shall be under no obligation to defend title. C. Concerning possible conflicts with unpatented mining claims of third parties, neither party is under a specific obligation of title defense; Lessor leases merely whatever title it might have in such area of conflict. To the extent that Lessee desires to enter an area of conflict and endeavor to prove upon the title to Lessor’s claims, Lessee does so at its own risk and expense. Lessor represents that it has no knowledge of claims of third parties. Nothing in this agreement is intended nor shall it be construed to require that Lessee pay Production Royalty to Lessor for mineral production from property which is determined not to belong to Lessor. D. It is expressly agreed that Lessor does not warrant title to the Red Rock North Battle Mountain Mineral Prospect. To the best of Lessor’s knowledge, all of the claims listed in Exhibit “A” for the Mineral Prospect were located, monumented and recorded with the appropriate government entities as required by law and have been continuously maintained since location or relocation by assessment work or payment of claim maintenance fees and filing/recording of evidentiary documents as required by law. Lessor does, however, represent that the Red Rock North Battle Mountain Mineral Prospect is free and clear of all liens and encumbrances, including any leases, rights, or licenses granted to third parties by, through, or under Lessor, except taxes not yet payable and matters of record in Lander County, Nevada, if any; the consummation of this Lease will not result in or constitute a default or an event that, with notice or lapse of time or both, would be a default, breach or violation of any contract, commitment or arrangement to which Lessor is a party or by which it is bound; provided, however, that the unpatented mining claims constituting the Red Rock North Battle Mountain Mineral Prospect are acknowledged to be subject to the paramount title of the United States. Lessee’s sole and exclusive remedy for any breach or default by Lessor under this Article 8.D is to terminate this Lease and release its possession of the Red Rock North Battle Mountain Mineral Prospect. X. Xxxxxx shall not create, permit or suffer any liens or encumbrances, reservations, restrictions and easements on the Red Rock North Battle Mountain Mineral Prospect unless expressly subordinated to Lessee’s rights hereunder; that Lessee may, at its option, discharge such claims and thereby be subrogated to any liens or encumbrances on the Red Rock North Battle Mountain Mineral Prospect as to all rights of the holder thereof, and Lessee may recover any amounts so paid from any amounts otherwise due to Lessor.

LESSOR’S TITLE. A. It is mutually understood and agreed that this Lease is granted only under such title as Lessor may now hold or hereafter acquire. Lessee may investigate and in Lessor’s name take any action it deems necessary to remedy any defects of title to the Red Rock Xxx Canyon Mineral Prospect. Lessor agrees to cooperate with Lessee in investigating and remedying any such defects in title; however, in the event that Lessor shall hereafter be divested of such title, Lessor shall not be liable for any damages sustained by Lessee. Additionally, Lessor shall not be liable in damages or otherwise, on account of Lessee’s possession thereof being destroyed or interrupted. Lessee’s only remedy in the event of failure of Lessor’s title is specified in the last sentence of Article 8.D 7.D below. B. It is understood and agreed that in the event of adverse claim or claims affecting mining claims comprising the Red Rock Xxx Canyon Mineral Prospect or the land covered thereby, Lessee shall be under no obligation to defend title, nor to contribute to the defense of title thereto, and it is specifically understood in such event that Lessor shall be under no obligation to defend title. C. Concerning possible conflicts with unpatented mining claims of third parties, neither party is under a specific obligation of title defense; Lessor leases merely whatever title it might have in hi such area of conflict. To the extent that Lessee desires to enter an area of conflict and endeavor to prove upon the title to Lessor’s claims, Lessee does so at its own risk and expense. Lessor represents that it has no knowledge of claims of third parties. Nothing in this agreement is intended nor shall it be construed to require that Lessee pay Production Royalty to Lessor for mineral production from property which is determined not to belong to Lessor. D. It is expressly agreed that Lessor does not warrant title to the Red Rock Xxx Canyon Mineral Prospect. To the best of Lessor’s knowledge, all of the claims listed in Exhibit “A” for the Mineral Prospect were located, monumented and recorded with the appropriate government entities as required by law and have been continuously maintained since location or relocation by assessment work or payment of claim maintenance fees and filing/recording of evidentiary documents as required by law. Lessor does, however, represent that the Red Rock Xxx Canyon Mineral Prospect is free and clear of all liens and encumbrances, including any leases, rights, or licenses granted to third parties by, through, or under Lessor, except taxes not yet payable and matters of record in Lander Eureka County, Nevada, if any; the consummation of this Lease Agreement will not result in or constitute a default or an event that, with notice or lapse of time or both, would be a default, breach or violation of any contract, commitment or arrangement to which Lessor is a party or by which it is bound; provided, however, that the unpatented mining claims constituting the Red Rock Xxx Canyon Mineral Prospect are acknowledged to be subject to the paramount title of the United States. Lessee’s sole and exclusive remedy for any breach or default by Lessor under this Article 8.D 7.D is to terminate this Lease and release its possession of the Red Rock Xxx Canyon Mineral Prospect. X. Xxxxxx shall not create, permit or suffer any liens or encumbrances, reservations, restrictions and easements on the Red Rock Xxx Canyon Mineral Prospect unless expressly subordinated to Lessee’s rights hereunder; that Lessee may, at its option, discharge such claims and thereby be subrogated to any liens or encumbrances on the Red Rock Xxx Canyon Mineral Prospect as to all rights of the holder thereof, and Lessee may recover any amounts so paid from any amounts otherwise due to Lessor.

LESSOR’S TITLE. A. It is mutually understood and agreed that this Lease is granted only under such title as Lessor may now hold or hereafter acquire. Lessee may investigate and in Lessor’s name take any action it deems necessary to remedy any defects of title to the Red Rock North Battle Mountain Mineral Prospect. Lessor agrees to cooperate with Lessee in investigating and remedying any such defects in title; however, in the event that Lessor shall hereafter be divested of such title, Lessor shall not be liable for any damages sustained by Lessee. Additionally, Lessor shall not be liable in damages or otherwise, on account of Lessee’s possession thereof being destroyed or interrupted. Lessee’s only remedy in the event of failure of Lessor’s title is specified in the last sentence of Article 8.D below. B. It is understood and agreed that in the event of adverse claim or claims affecting mining claims comprising the Red Rock North Battle Mountain Mineral Prospect or the land covered thereby, Lessee shall be under no obligation to defend title, nor to contribute to the defense of title thereto, and it is specifically understood in such event that Lessor shall be under no obligation to defend title. C. Concerning possible conflicts with unpatented mining claims of third parties, neither party is under a specific obligation of title defense; Lessor leases merely whatever title it might have in such area of conflict. To the extent that Lessee desires to enter an area of conflict and endeavor to prove upon the title to Lessor’s claims, Lessee does so at its own risk and expense. Lessor represents that it has no knowledge of claims of third parties. Nothing in this agreement is intended nor shall it be construed to require that Lessee pay Production Royalty to the Payment Agent or the Lessor for mineral production from property which is determined not to belong to Lessor. D. It is expressly agreed that Lessor does not warrant title to the Red Rock North Battle Mountain Mineral Prospect. To the best of Lessor’s knowledge, all of the claims listed in Exhibit “A” for the Mineral Prospect were located, monumented and recorded with the appropriate government entities as required by law and have been continuously maintained since location or relocation by assessment work or payment of claim maintenance fees and filing/recording of evidentiary documents as required by law. Lessor does, however, represent that the Red Rock North Battle Mountain Mineral Prospect is free and clear of all liens and encumbrances, including any leases, rights, or licenses granted to third parties by, through, or under Lessor, except taxes not yet payable and matters of record in Lander County, Nevada, if any; the consummation of this Lease will not result in or constitute a default or an event that, with notice or lapse of time or both, would be a default, breach or violation of any contract, commitment or arrangement to which Lessor is a party or by which it is bound; provided, however, that the unpatented mining claims constituting the Red Rock North Battle Mountain Mineral Prospect are acknowledged to be subject to the paramount title of the United States. Lessee’s sole and exclusive remedy for any breach or default by Lessor under this Article 8.D is to terminate this Lease and release its possession of the Red Rock North Battle Mountain Mineral Prospect. X. Xxxxxx shall not create, permit or suffer any liens or encumbrances, reservations, restrictions and easements on the Red Rock North Battle Mountain Mineral Prospect unless expressly subordinated to Lessee’s rights hereunder; that Lessee may, at its option, discharge such claims and thereby be subrogated to any liens or encumbrances on the Red Rock North Battle Mountain Mineral Prospect as to all rights of the holder thereof, and Lessee may recover any amounts so paid from any amounts otherwise due to Lessor.

LESSOR’S TITLE. A. It is mutually understood 10.1 Each Lease shall constitute an agreement to lease and agreed that this nothing herein or therein shall be construed as conveying to Lessee (nor shall Lessee claim) any right, title or interest in any Engine except as a lessee only. Unless otherwise expressly provided in a Lease, all Engines shall remain the sole property of Lessor. 10.2 Lessee shall take all such steps as may be necessary to safeguard and protect Lessor’s title and rights in and to the Engine and any Encumbrance relating to the Engine granted or given by Lessor from time to time and in particular Lessee shall:- (a) attach to the Engine and its stand within ten Business Days of its Delivery and keep so attached during the Lease is granted only under such title Period, a fireproof plate (having dimensions of not less than 3 inches by 4 inches) reading as follows (or as Lessor may now hold otherwise direct in writing):- This [Engine/Engine Stand] is the property of ENGINE LEASE FINANCE CORPORATION and is subject to a first priority mortgage in favour of [INSERT NAME OF LENDER];” (b) not remove or hereafter acquire. Lessee may investigate cover up any such plate and in or place any other notice (affecting the ownership of the Engine or otherwise relating to Lessor’s name take rights and dealing with the rights of any action party other than Lessor) in, or on, the Engine without Lessor’s prior consent; (c) whenever relevant, inform third parties that the Engine is Lessor’s property and (if it deems necessary is the case) is subject to remedy any defects an Encumbrance created by Lessor and that Lessee has no power to sell, charge, lease, swap or otherwise part with possession of, dispose of title to or create an Encumbrance over or affecting the Red Rock Mineral Prospect. Lessor agrees to cooperate with Lessee in investigating and remedying any such defects in title; however, in the event that Lessor shall hereafter be divested of such title, Lessor shall not be liable Engine save for any damages sustained by Lessee. Additionally, Permitted Lien; (d) procure that all Interested Third Parties or an agent or representative thereof execute and deliver to Lessor shall not be liable in damages the Cooperation Agreement or otherwise, on account of Lessee’s possession thereof being destroyed or interrupted. Lessee’s only remedy in the event of failure an alternative acknowledgement of Lessor’s title is specified interests or waiver of interest in the last sentence Engine in terms acceptable to Lessor acting reasonably prior to the installation of Article 8.D belowthe Engine on a Host Aircraft and Lessee shall not install or permit the installation of the Engine on any Host Aircraft until the Cooperation Agreement or such acceptable alternative acknowledgement or waiver has been executed and delivered to Lessor by or on behalf of all Interested Third Parties; (e) use all commercially reasonable efforts to procure that all agreements to be entered into from time to time between Lessee and any Interested Third Party contain a provision obliging any Interested Third Party to enter into and deliver to Lessor the Cooperation Agreement or acceptable alternative acknowledgement prior to the Engine being installed on any Host Aircraft; (f) take all such other steps as Lessor may reasonably require from time to time in order to ensure that Lessor’s title and rights are protected and safeguarded to the greatest extent possible; and (g) promptly pay and discharge all Losses that may from time to time give rise to or create, any liens on, or claims enforceable against, the Engine (save for debts owing in respect of any Permitted Lien which in any event shall be discharged by Lessee in a timely manner and in compliance with any applicable credit terms relating thereto) save in respect of Losses which are being contested in good faith, by appropriate proceedings and for the payment of which adequate reserves have been provided (so long as the same do not involve any material likelihood of the detention, seizure, forfeiture, sale or loss of or of any interest in, the Engine). B. It is understood and agreed that in the event of adverse claim or claims affecting mining claims comprising the Red Rock Mineral Prospect or the land covered thereby, Lessee shall be under no obligation to defend title, nor to contribute to the defense of title thereto, and it is specifically understood in such event that Lessor shall be under no obligation to defend title. C. Concerning possible conflicts with unpatented mining claims of third parties, neither party is under a specific obligation of title defense; Lessor leases merely whatever title it might have in such area of conflict. 10.3 To the extent that Lessee desires to enter an area of conflict and endeavor to prove upon the title to Lessor’s claimsEngine may be affected by the United States Bankruptcy Code, Lessee does so at its own risk and expense. Lessor represents that it has no knowledge of claims of third parties. Nothing hereby agrees in this agreement is intended nor shall it be construed to require accordance with Section 1110 thereof, or any superseding section, that Lessee pay Production Royalty shall not contest any attempt by Lessor to Lessor for mineral production from property which is determined not repossess the relevant Engine(s) pursuant to belong to Lessor. D. It is expressly agreed that Lessor does not warrant title to the Red Rock Mineral Prospect. To the best of Lessor’s knowledge, all of the claims listed and in Exhibit “A” for the Mineral Prospect were located, monumented and recorded accordance with the appropriate government entities as required by law and have been continuously maintained since location provisions of Section 1110 or relocation by assessment work or payment of claim maintenance fees and filing/recording of evidentiary documents as required by law. Lessor does, however, represent that the Red Rock Mineral Prospect is free and clear of all liens and encumbrances, including any leases, rights, or licenses granted to third parties by, through, or under Lessor, except taxes not yet payable and matters of record in Lander County, Nevada, if any; the consummation of this Lease will not result in or constitute a default or an event that, with notice or lapse of time or both, would be a default, breach or violation other analogous part of any contract, commitment or arrangement to which Lessor is a party or by which it is bound; provided, however, that the unpatented mining claims constituting the Red Rock Mineral Prospect are acknowledged to be subject to the paramount title of the United States. Lessee’s sole and exclusive remedy for any breach or default by Lessor under this Article 8.D is to terminate this Lease and release its possession of the Red Rock Mineral Prospectsuperseding statute. X. Xxxxxx shall not create, permit or suffer any liens or encumbrances, reservations, restrictions and easements on the Red Rock Mineral Prospect unless expressly subordinated to Lessee’s rights hereunder; that Lessee may, at its option, discharge such claims and thereby be subrogated to any liens or encumbrances on the Red Rock Mineral Prospect as to all rights of the holder thereof, and Lessee may recover any amounts so paid from any amounts otherwise due to Lessor.

LESSOR’S TITLE. A. It is acknowledged by the three individuals collectively referred to as Lessor herein that Xxxx X. Xxxxxxxx is the owner of a seventy percent (70%) interest in the Mineral Prospect and Xxxxxx X. Xxxxxxx and Xxxx X. Xxxxxxx jointly own the remaining thirty percent (30%) interest therein, all subject to the terms of this Lease. Subject only to the last sentence of Subsection D below of this Article 7, it is mutually understood and agreed that this Lease is granted only under such title as Lessor may now hold or hereafter acquire. Lessee may investigate acquire and in Lessor’s name take any action it deems necessary to remedy any defects of title to the Red Rock Mineral Prospect. Lessor agrees to cooperate with Lessee in investigating and remedying any such defects in title; however, that in the event that Lessor shall hereafter be divested of such title, Lessor shall not be liable for any damages sustained by Lessee. Additionally; additionally, Lessor Lessee shall not be liable for any damages sustained by Lessor unless such damages are the result of Lessee’s failure to perform under the terms of this Lease, and neither Lessee nor Lessor shall attempt to hold the other party liable (in damages or otherwise, ) on account of such divestment or of Lessee’s possession thereof being destroyed or interrupted. interrupted unless damages sustained are the result of Lessee’s only remedy in the event of failure of Lessor’s title is specified in the last sentence of Article 8.D belowto perform hereunder. B. It is understood and agreed that in the event of adverse claim or claims affecting mining claims comprising the Red Rock Mineral Prospect or the land lands covered thereby, Lessee shall be under no obligation to defend title, nor to contribute to the defense of title thereto, and it is specifically understood in such event that Lessor shall be under no obligation to defend title. C. Concerning possible conflicts with unpatented mining claims of third partiespersons, neither party is under a specific obligation of title defense; Lessor leases merely whatever title it might have in such area of conflict. To the extent that Lessee desires to enter an area of conflict and endeavor to prove upon up the title to of Lessor’s claims, Lessee does may do so at its own risk and expense. Lessor represents that it has no knowledge of claims of third parties. Nothing in this agreement is intended nor shall it be construed to require that Lessee pay Production Royalty to Lessor for mineral production from property which is determined not to belong to Lessor. D. It is expressly agreed that Lessor does not warrant title to the Red Rock Mineral Prospect. To the best of Lessor’s knowledge, all of the claims listed in Exhibit “A” for the Mineral Prospect were located, monumented and recorded with the appropriate government entities as required by law and have been continuously maintained since location or relocation by assessment work or payment of claim maintenance fees and filing/recording of evidentiary documents as required by law. Lessor does, however, represent and warrant that the Red Rock Mineral Prospect is free and clear of all liens liens, encumbrances and encumbrances, including any leases, rights, or licenses granted to leases of third parties by, through, or under Lessor, except taxes not yet payable and matters of record in Lander County, Nevada, if any; the consummation of this Lease will not result in or constitute a default or an event that, with notice or lapse of time or both, would be a default, breach or violation of any contract, commitment or arrangement to which Lessor is a party or created by which it is bound; provided, however, that the unpatented mining claims constituting the Red Rock Mineral Prospect are acknowledged to be subject to the paramount title of the United States. Lessee’s sole and exclusive remedy for any breach or default by Lessor under this Article 8.D is to terminate this Lease and release its possession of the Red Rock Mineral Prospect. X. Xxxxxx shall not create, permit or suffer any liens or encumbrances, reservations, restrictions and easements on the Red Rock Mineral Prospect unless expressly subordinated to Lessee’s rights hereunder; that Lessee may, at its option, discharge such claims and thereby be subrogated to any liens or encumbrances on the Red Rock Mineral Prospect as to all rights of the holder thereof, and Lessee may recover any amounts so paid from any amounts otherwise due to Lessor.

LESSOR’S TITLE. A. It is mutually understood and agreed that this Lease is granted only under such title as Lessor may now hold or hereafter acquire. Lessee may investigate and in Lessor’s name take any action it deems necessary to remedy any defects of title to the Red Rock Mineral Prospect. Lessor agrees to cooperate with Lessee in investigating and remedying any such defects in title; however, in the event that Lessor shall hereafter be divested of such title, Lessor shall not be liable for any damages sustained by Lessee. Additionally, Lessor shall not be liable in damages or otherwise, on account of Lessee’s possession thereof being destroyed or interrupted. Lessee’s only remedy in the event of failure of Lessor’s title is specified in the last sentence of Article 8.D below. B. It is understood and agreed that in the event of adverse claim or claims affecting mining claims comprising the Red Rock Mineral Prospect or the land covered thereby, Lessee shall be under no obligation to defend title, nor to contribute to the defense of title thereto, and it is specifically understood in such event that Lessor shall be under no obligation to defend title. C. Concerning possible conflicts with unpatented mining claims of third parties, neither party is under a specific obligation of title defense; Lessor leases merely whatever title it might have in such area of conflict. To the extent that Lessee desires to enter an area of conflict and endeavor to prove upon the title to Lessor’s claims, Lessee does so at its own risk and expense. Lessor represents that it has no knowledge of claims of third parties. Nothing in this agreement is intended nor shall it be construed to require that Lessee pay Production Royalty to the Payment Agent or the Lessor for mineral production from property which is determined not to belong to Lessor. D. It is expressly agreed that Lessor does not warrant title to the Red Rock Mineral Prospect. To the best of Lessor’s knowledge, all of the claims listed in Exhibit “A” for the Mineral Prospect were located, monumented and recorded with the appropriate government entities as required by law and have been continuously maintained since location or relocation by assessment work or payment of claim maintenance fees and filing/recording of evidentiary documents as required by law. Lessor does, however, represent that the Red Rock Mineral Prospect is free and clear of all liens and encumbrances, including any leases, rights, or licenses granted to third parties by, through, or under Lessor, except taxes not yet payable and matters of record in Lander County, Nevada, if any; the consummation of this Lease will not result in or constitute a default or an event that, with notice or lapse of time or both, would be a default, breach or violation of any contract, commitment or arrangement to which Lessor is a party or by which it is bound; provided, however, that the unpatented mining claims constituting the Red Rock Mineral Prospect are acknowledged to be subject to the paramount title of the United States. Lessee’s sole and exclusive remedy for any breach or default by Lessor under this Article 8.D is to terminate this Lease and release its possession of the Red Rock Mineral Prospect. X. Xxxxxx shall not create, permit or suffer any liens or encumbrances, reservations, restrictions and easements on the Red Rock Mineral Prospect unless expressly subordinated to Lessee’s rights hereunder; that Lessee may, at its option, discharge such claims and thereby be subrogated to any liens or encumbrances on the Red Rock Mineral Prospect as to all rights of the holder thereof, and Lessee may recover any amounts so paid from any amounts otherwise due to Lessor.