Representations and Warranties of BATTLE MOUNTAIN. As of the Effective Date, BATTLE MOUNTAIN makes the following representations and warranties to ROYAL:
(a) With respect to those Properties BATTLE MOUNTAIN owns in fee simple, if any, BATTLE MOUNTAIN is in exclusive possession of and owns such Properties free and clear of all Encumbrances or defects in title except those specifically identified in Paragraph 1.1 of Exhibit A.
(b) With respect to those Properties in which BATTLE MOUNTAIN holds an interest under leases or other contracts: (i) BATTLE MOUNTAIN is in exclusive possession of such Properties; (ii) BATTLE MOUNTAIN has not received any notice of default of any of the terms or provisions of such leases or other contracts; (iii) BATTLE MOUNTAIN has the authority under such leases or other contracts to perform fully its obligations under this Agreement; (iv) to BATTLE MOUNTAIN's knowledge, such leases and other contracts are valid and are in good standing; (v) BATTLE MOUNTAIN has no knowledge of any act or omission or any condition on the Properties which could be considered or construed as a default under any such lease or other contract; and (vi) to BATTLE MOUNTAIN's knowledge, such Properties are free and clear of all Encumbrances or defects in title except for those specifically identified in Paragraph 1.1 of Exhibit A.
(c) BATTLE MOUNTAIN has delivered to or made available for inspection by ROYAL all Existing Data in its possession or control, and true and correct copies of all leases or other contracts relating to the Properties.
(d) With respect to unpatented mining claims and millsites located by BATTLE MOUNTAIN that are included within the Properties, except as provided in Paragraph 1.1 of Exhibit A and subject to the paramount title of the United States: (i) to the best of its knowledge, the unpatented mining claims were properly laid out and monumented; (ii) all required location and validation work was properly performed; (iii) to the best of its knowledge, location notices and certificates were properly recorded and filed with appropriate governmental agencies; (iv) all assessment work required to hold the unpatented mining claims has been performed and all Governmental Fees have been paid in a manner consistent with that required of the Manager pursuant to Subsection 8.2(k) through the assessment year ending September 1, 1998; (v) all affidavits of assessment work, evidence of payment of Governmental Fees, and other filings required to maintain the claims in good standing have been proper...
