Liens and Notices of Non-Responsibility. TOGI agrees to keep the Property at all times free and clear of all liens, charges and encumbrances of any and every nature and description done made or caused by TOGI, and to pay, and defend, indemnify and hold harmless Owner from and against, all indebtedness and liabilities incurred by or for TOGI which may or might become a lien, charge or encumbrance; except that TOGI need not discharge or release any such lien, charge or encumbrance so long as TOGI disputes or contests the lien, charge or encumbrance or posts a bond sufficient to discharge lien acceptable to Owner. Subject to TOGI's right to dispute or contest the lien, charge or encumbrance or to post a bond in accordance with the foregoing, if TOGI does not within thirty (30) days following the imposition of any such lien, charge or encumbrance, cause the same to be released of record, Owner shall have, in addition to Owner's contractual and legal remedies, the right, but not the obligation, to cause the lien to be released by such manner as Owner deems proper, including payment of the claim giving rise to such lien, charge or encumbrance. All sums paid by Owner for and all expenses incurred by it in connection with such purpose, including court costs and attorney's fees, shall be payable by TOGI to Owner on demand with interest at the Interest Rate. Nothing in this Section shall prohibit TOGI's grant of a lien or security interest in this Agreement to secure financing for its operations on or relating to the Property.
Liens and Notices of Non-Responsibility. Lessor and Lessee agree to keep the Property at all times free and clear of all liens, charges and encumbrances of any and every nature and description done, made or caused by them, and to pay all indebtedness and liabilities incurred by or for them which may or might become a lien, charge or encumbrance against the Property before such indebtedness or liability shall become a lien, charge or encumbrance, except that Lessee need not discharge or release any such lien, charge or encumbrance so long as Lessee is contesting the same, The parties agree that Lessor shall be informed immediately of the execution of this Agreement by Lessee in order that Lessor can properly and timely record a Notice of Non-responsibility in the office of the county recorder of the county in which the Property is located. Nothing herein shall be construed to prevent Lessee from assigning, pledging, encumbering, or otherwise transferring its interest in this Agreement or the Property for the purpose of acquiring financing for its activities or operations on the Property, or for any other purpose, which acts are expressly authorized.
Liens and Notices of Non-Responsibility. Except as otherwise agreed in writing, Owner and Gentor agree to keep the Premises at all times free and clear of liens for materials furnished and labor done or work performed upon the Premises at the request of or for the benefit of Gentor, and to pay all indebtedness and liabilities incurred by or for them which may or might become a lien, charge or encumbrance against the Premises before such indebtedness and liabilities shall become a lien, charge, or encumbrance; provided, however, that Gentor need not discharge or release any such lien, charge or encumbrance; so long as Gentor is contesting the same. Nothing stated herein shall prohibit Gentor from pledging its interest in this Agreement as security for any indebtedness of Gentor incurred for the purpose of the exploration, development or mining of the Premises. Owner may post upon the Premises and keep posted thereon in a conspicuous place a notice of non-responsibility which will be prepared by Owner; and Gentor will, in the event such notice is destroyed or removed, upon finding same, notify Owner. The parties agree that Owner shall be informed immediately of the execution of this Agreement by Gentor in order that Owner can properly and timely record a notice of non-responsibility in the office of the county recorder of the county in which the Premises are located. Nothing herein shall be construed to prevent Gentor from assigning, pledging, encumbering or otherwise transferring its interest in this Agreement or the Premises for the purpose of acquiring financing for its activities or operations on the Premises, which assignment, pledge, encumbrance or transfer are expressly authorized hereunder.
Liens and Notices of Non-Responsibility. Optionee agrees to keep the Property at all times during the term of this Agreement until the Exercise Date free and clear of all liens, charges and encumbrances of any and every nature and description done made or caused by Optionee, and to pay, and defend, indemnify and hold harmless Optionor from and against, all indebtedness and liabilities incurred by or for Optionee which may or might become a lien, charge or encumbrance; except that Optionee need not discharge or release any such lien, charge or encumbrance so long as Optionee disputes or contests the lien, charge or encumbrance and posts a bond sufficient to discharge lien acceptable to Optionor. Subject to Optionee’s right to post a bond in accordance with the foregoing, if Optionee does not within thirty (30) days following the imposition of any such lien, charge or encumbrance, cause the same to be released of record, Optionor shall have, in addition to Optionor’s contractual and legal remedies, the right, but not the obligation, to cause the lien to be released by such manner as Optionor deems proper, including payment of the claim giving rise to such lien, charge or encumbrance. All sums paid by Optionor for and all expenses incurred by it in connection with such purpose, including court costs and attorney’s fees, shall be payable by Optionee to Optionor on demand, with interest at the Interest Rate at the time of the occurrence, provided however, if it is determined by legal or some other means that the Optionee wins its disputes or contests of any such lien, charge or encumbrance, then the Optionee shall not be obliged to pay the Optionor for the Optionor’s expenses incurred by the Optionor in connection with such purpose, including court costs and attorney’s fees.
Liens and Notices of Non-Responsibility. Lessor and Lessee agree to keep the Property at all times free and clear of all liens, charges and encumbrances of any and every nature and description done, made or caused by them, and to pay all indebtedness and liabilities incurred by or for them which may or might become a lien, charge or encumbrance against the Property before such indebtedness or liability shall become a lien, charge or encumbrance.
Liens and Notices of Non-Responsibility. Lessor and Lessee agree to keep the Properties at all times free and clear of all liens, charges and encumbrances of any and every nature and description done, made or caused by them, and to pay all indebtedness and liabilities incurred by or for them which may or might become a lien, charge or encumbrance against the Properties before such indebtedness or liability shall become a lien, charge or encumbrance. For clarity, Lessee acknowledges that this does not apply to the current GX Xxxxxxxx 2, LP debenture.
Liens and Notices of Non-Responsibility. Lincoln agrees to keep the Property at all times free and clear of all liens, charges and encumbrances of any and every nature and description done made or caused by Lincoln, (except for the right of Lincoln to obtain financing for development or production) and to pay, and defend, indemnify and hold harmless Miranda from and against, all indebtedness and liabilities incurred by or for Lincoln which may or might become a lien, charge or encumbrance; except that Lincoln need not discharge or release any such lien, charge or encumbrance so long as Lincoln disputes or contests the lien, charge or encumbrance and posts a bond sufficient to discharge lien acceptable to Miranda. Subject to Lincoln's right to post a bond in accordance with the foregoing, if Lincoln does not within thirty (30) days following the imposition of any such lien, charge or encumbrance, cause the same to be released of record, Miranda shall have, in addition to Miranda's contractual and legal remedies, the right, but not the obligation, to cause the lien to be released by such manner as Xxxxxxx xxxxx proper, including payment of the claim giving rise to such lien, charge or encumbrance. All sums paid by Miranda for and all expenses incurred by it in connection with such purpose, including court costs and attorney's fees, shall be payable by Lincoln to Miranda on demand with interest at an interest rate of LIBOR plus three percent (3%) per annum.
Liens and Notices of Non-Responsibility. Paradigm agrees to keep the Property at all times free and clear of all liens, charges and encumbrances of any and every nature and description done made, or caused by Paradigm, and to pay, and defend, indemnify and hold harmless Owner from and against, all indebtedness and liabilities incurred by or for Paradigm which may or might become a lien, charge or encumbrance; except that Paradigm need not discharge or release any such lien, charge or encumbrance so long as Paradigm disputes or contests the lien, charge or encumbrance and posts a bond in a form sufficient to Owner and in an amount sufficient to discharge the lien, charge, or encumbrance. Subject to Paradigm’s right to post a bond in accordance with the foregoing, if Paradigm does not within thirty (30) days following the imposition of any such lien, charge or encumbrance, cause the same to be released of record, Owner shall have, in addition to Owner’s contractual and legal remedies, the right, but not the obligation, to cause the lien to be released by such manner as Owner deems proper, including payment of the claim giving rise to such lien, charge or encumbrance. All sums paid by Owner for and all expenses incurred by it in connection with such purpose, including court costs and attorney’s fees, shall be payable by Paradigm to Owner on demand with interest at the Interest Rate. The obligations of Paradigm contained in this Section shall survive the expiration of the term or other termination of this Agreement to the extent necessary to assure that Owner shall not be liable for or incur any cost or expense as a result of Paradigm’s activities on or relating to the Property. Nothing in this Section shall limit or prohibit Paradigm’s right to grant a security interest in its rights under this Agreement for the purpose of securing financing for Paradigm or its affiliates, provided that such security interest shall be junior and subordinate to the lien and security interest which Paradigm grants to secure Paradigm’s payment of the Fourth Payment and Fifth Payment.
Liens and Notices of Non-Responsibility. Owner and Royal Gold agree to keep the Property at all times free and clear of all liens, charges and encumbrances of any and every nature and description done, made or caused by them, and to pay all indebtedness and liabilities incurred by or for them which may or might become a lien, charge or encumbrance against the Property before such indebtedness and liabilities shall become a lien, charge or encumbrance; except that Royal Gold need not discharge or release any such lien, charge or encumbrance so long as Royal Gold disputes or contests the lien, claim or encumbrance. The parties agree that Owner shall be informed immediately of the execution of this Agreement by Royal Gold in order that Owner can properly and timely record a notice of non-responsibility in the office of the county recorder of the county in which the Property is located. Nothing in this Agreement shall be construed to prevent Royal Gold from assigning, pledging, encumbering or otherwise transferring its interest in this Agreement or the Property for the purpose of acquiring financing for its activities or operations on the Property or for any other purpose, which acts are expressly authorized.
Liens and Notices of Non-Responsibility. Lessee agrees to keep the Property at all times free and clear of all liens, charges and encumbrances (“Liens”) of any and every nature and description done made or caused by Lessee other than (collectively, the “Permitted Liens”) Liens existing on the date of this Agreement (the “Owner Liens”), which shall be the sole obligation and responsibility of Owner; Liens to secure the performance of statutory obligations, surety or appeal bonds, performance bonds or other obligations of a like nature incurred in the ordinary course of business; Liens for taxes, assessments or governmental charges or claims that are not yet delinquent or that are being contested in good faith by appropriate proceedings; Liens imposed by law or regulation, such as carriers’, warehousemen’s, material-men’s, repairmen’s and mechanics’ and similar Liens; Liens related to minor survey exceptions, minor encumbrances, ground leases, easements or reservations of, or rights of others for, licenses, rights-of-way, servitudes, sewers, electric lines, drains, telegraph and telephone and cable television lines, gas and oil pipelines and other similar purposes, or zoning, building codes or other restrictions (including, without limitation, minor defects or irregularities in title and similar encumbrances) as to the use of real properties or Liens incidental to the conduct of the business or operations of Lessee or to the ownership or operations of the Property which do not in the aggregate materially adversely affect the value of such properties or materially impair their use in the operation of the business or operation of Lessee on the Property ; and Liens on equipment of Lessee granted in the ordinary course of business; and purported Liens evidenced by filings of precautionary UCC financing statements relating solely to operating leases of personal property; and to pay, and defend, indemnify and hold harmless Owner from and against, all Liens other than Owner Liens; except that Lessee need not discharge or release any Permitted Lien or any Lien which Lessee disputes or contests and posts a bond sufficient to discharge such Lien acceptable to Owner (collectively, the “Non-permitted Liens”). Subject to Lessee’s right to post a bond in accordance with the foregoing, if Lessee does not within thirty (30) days following the imposition of any such Non-permitted Lien, cause the same to be released of record, Owner shall have, in addition to Owner’s contractual and legal remedies, the right, but no...
