Title Defects, Defense and Protection. Lessee may at any time cause a title search to be made covering all or any part of the Premises. Lessor shall provide Lessee with any abstracts and other evidences of title in Lessor’s possession or control. If, (1) in the opinion of Lessee, Lessor’s title to all or any part of the Premises is defective or less than as represented in Section 4.A; or (2) Lessor’s title is contested or questioned by any person or entity and Lessor is unable or unwilling to promptly correct the alleged defects, Lessee may, without obligation and without waiver of any remedies of Lessee, attempt to perfect or defend Lessor’s title. In that event, Lessor shall execute all documents and shall take such other actions as are reasonably necessary to assist Lessee in its efforts to perfect or defend Lessor’s title, time being of the essence. If title is less than represented in Section 4.A, then the costs and expenses of perfecting or defending title shall be a credit against subsequent payments to be made by Lessee to Lessor under this Agreement. Any improvement or perfection of title to the Premises shall inure to the benefit of Lessee in the same manner and to the same extent as if such improvement or perfection had been made prior to the execution of this Agreement.
Title Defects, Defense and Protection. NECA has, during its initial due diligence examination of the Property prior to the Effective Date, examined and approved GeoXplor’s title to the Property. If title to any of the Property is contested or questioned by any person, entity or governmental agency GeoXplor and NECA shall undertake such actions as may be required to perfect, defend or initiate litigation to protect such title. In that event, all costs of such action shall be paid by NECA and shall be a credit toward the Work obligations of subsection f of Section 4.
Title Defects, Defense and Protection. Lessee may at any time cause a title search to be made covering all or any part of the Premises. Lessors shall provide Lessee with any abstracts and other evidences of title in Lessors’ possession or control. If, (1) in the opinion of Lessee, Lessors’ title to all or any part of the Premises is defective or less than as represented in Section 4.A; or (2) Lessors’ title is contested or questioned by any person or entity Lessee shall notify Lessors and Lessors shall promptly defend title or correct the alleged defects. In the event Lessors are unable or unwilling to promptly correct the alleged defects or defend title, Lessee may, without obligation and without waiver of any remedies of Lessee, attempt to perfect or defend Lessors’ title. In that event, Lessors shall cooperate as reasonably necessary to assist Lessee in its efforts to perfect or defend Lessors’ title, time being of the essence. Any money expended by Lessee to perfect or defend Lessors’ title shall be deductible from the annual lease payment set forth in Section 3.A. for the year in which such money is spent. Any improvement or perfection of title to the Premises shall inure to the benefit of Lessee in the same manner and to the same extent as if such improvement or perfection had been made prior to the execution of this Agreement.
Title Defects, Defense and Protection. First Liberty has, during its initial due diligence examination of the Properties prior to the Effective Date, examined and approved GeoXplor’s title to the Properties. If title to any of the validly held Properties is contested or questioned by any person, entity or governmental agency GeoXplor and First Liberty shall undertake such actions as may be required to perfect, defend or initiate litigation to protect such title. In that event, all costs of such action shall be paid by First Liberty and shall be a credit toward the Work obligations of subsection f of Section 4. If title to any of the Properties is contested or questioned by any person, entity or governmental agency, as a result of GeoXplor having improperly obtained or maintained the Properties, GeoXplor and First Liberty shall undertake such actions as may be required to perfect, defend or initiate litigation to protect such title. In that event, all costs of such action shall be paid by GeoXplor.
Title Defects, Defense and Protection. At the request of Neutron at any time and at Neutron’s cost, Lessor shall cause a title search to be made covering all or any part of the Premises. Neutron shall be entitled to receive the abstracts and other evidences of title. If. (i) in the opinion of Neutron, Lessor’s title to all or any part of the Premises is defective or less than as represented in this Section IV, or (ii) Lessor’s title is contested or questioned by any person or entity, and Lessor is unable or unwilling to promptly correct the alleged defects, Neutron may, without obligation, attempt to perfect or defend Lessor’s title. Neutron shall use its best efforts to defend the Premises against the Rocca Honda mining claims asserted by Xxxxx Xxxxxx in Sections 5 and 6, T. 13 N., R. 8 W. However, Neutron shall not be liable to Lessor if Neutron is unsuccessful in, withdraws from, or discontinues title litigation or other curative work. Time being of the essence, in the event Neutron does attempt to perfect or defend Lessor’s title, Lessor shall execute all documents and shall take such other actions as are reasonably necessary to assist Neutron in its efforts. If title is less than as represented in this Section IV, then one half of the costs and expenses of perfecting or defending title expended by Neutron shall be a credit against subsequent payments to be made to Lessor. Any improvement or perfection of title to the Premises shall inure to the benefit of Neutron in the same manner and to the same extent as if such improvement or perfection has been made prior to the execution of this Agreement.
Title Defects, Defense and Protection. Wolverine has, during its initial due diligence examination of the Property prior to the Effective Date, examined and approved Vendor's title to the Property. If title to any of the Property is contested or questioned by any person, entity or governmental agency Vendor and Wolverine shall undertake such actions as may be required to perfect, defend or initiate litigation to protect such title. Page | 3
Title Defects, Defense and Protection. If (i) in the reasonable opinion of counsel for Lessee, Lessor's title to the premises or any part thereof is defective or less than as represented in Section 1; or (ii) the title to the premises is contested or questioned by any person, entity or governmental agency, and Lessor is unable or unwilling to correct promptly the defects or alleged defects in title, Lessee may, without obligation, attempt to perfect, defense or initiate litigation to protect Lessor's title, including by amending or relocating mining claims comprising the premises. In that event, Lessor shall execute all documents and shall take such other actions as are reasonably necessary to assist Lessee in its efforts to perfect, defend or protect Lessor's title. Fifty percent (50%) of the reasonable costs and expenses of perfecting, defending or protecting title shall be a credit towards Lessee's work commitments and if exhausted, then to minimum advance production royalties, and if exhausted, then to production royalties provided in this Agreement unless the costs arise directly from Lessee's failure to perform obligations hereunder, in which case such costs shall be born by Mining Lease Independence Gold Range 061705
Title Defects, Defense and Protection. Lessor shall provide Lessee with any abstracts and other evidences of title in Lessor's possession or control. If (1) in the reasonable opinion of Lessee, Lessor's title to all or any part of the Premises is defective or less than as represented in Section 4.A; or (2) Lessor's title is contested or questioned by any person or entity and Lessor is unable or unwilling to promptly correct the alleged defects, Lessee may attempt to perfect or defend Lessor's title. In that event, Lessor shall execute all documents and shall take such other actions as are reasonably necessary to assist Lessee in its efforts to perfect or defend Lessor's title, time being of the essence. Notwithstanding that Lessee accepts title to the Premises “as is”, Lessor agrees that if within two (2) years after the Effective Date it is determined that Lessee’s title to the Premises is not as represented in Section 4A(1)-(5), then the costs and expenses of perfecting or defending title incurred by Lessee shall be a credit to the Lessee’s account against subsequent Advance Royalty and Production Royalty payments to be made by Lessee to Lessor under this Agreement, provided, however, the maximum amount of such credit shall be $10,000. Any improvement or perfection of title to the Premises shall inure to the benefit of Lessor in the same manner and to the same extent as if such improvement or perfection had been made prior to the execution of this Agreement. Any such improvement or perfection of title to the Premises shall become part of the Premises and subject to this Agreement.
Title Defects, Defense and Protection. If (i) in the reasonable opinion of counsel for Lessee, Lessor's title to the premises or any part thereof is defective or less than as represented in Section 1; or (ii) the title to the premises is contested or questioned by any person, entity or governmental agency, and Lessor is unable or unwilling to correct promptly the defects or alleged defects in title, Lessee may, without obligation, attempt to perfect, defense or initiate litigation to protect Lessor's title, including by amending or relocating mining claims comprising the premises. In that event, Lessor shall execute all documents and shall take such other actions as are reasonably necessary to assist Lessee in its efforts to perfect, defend or protect Lessor's title. Fifty percent (50%) of the reasonable costs and expenses of perfecting, defending or protecting title shall be a credit towards Lessee's work commitments and if exhausted, then to minimum advance production royalties, and if exhausted, then to production royalties provided in this Agreement unless the costs arise directly from Lessee's failure to perform obligations hereunder, in which case such costs shall be born by Lessee. If Lessor owns less than the entire undivided estate in any portion of the premises from which Lessee produces minerals, the Production Royalty percentage rate shall be reduced proportionately to reflect Lessor’s actual ownership interest. For example, if Lessor owns only one-half (1/2) of the portion of the premises from which minerals are produced and the Production Royalty percentage rate otherwise would be five percent (5%), the effective Production Royalty percentage rate shall be reduced to two and one-half percent (2.5%). Mining Lease Independence Gold Range 061705
Title Defects, Defense and Protection. At any time, at the request of Company, and at Company's cost, Lessor shall cause a title search to be made covering all or any part of the Premises. Company shall be entitled to receive the abstracts and other evidences of title. If, (i) in the opinion of Company for any reason, Lessor's title to all or any part of the Premises is defective or less than as represented in this Article VII; or (ii) Lessor's title is contested or questioned by any person or entity, and Lessor is unable or unwilling to promptly correct the alleged defects, Company may, without obligation, attempt to perfect or defend Lessor's title. In that event, Lessor shall execute all documents and shall take such other actions as are reasonably necessary to assist Company in its efforts to perfect or defend Lessor's title, time being of the essence. If title is less than as represented in this Article VII, then the costs and expenses of perfecting or defending title shall be a credit against subsequent payments to be made to Lessor. Any improvement or perfection of title to the Premises shall inure to the benefit of Company in the same manner and to the same extent as if such improvement or perfection has been made prior to the execution of this Agreement.
