Common use of Title Defects, Defense and Protection Clause in Contracts

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.

Appears in 3 contracts

Samples: Mineral Lease Agreement and Option to Purchase, Mineral Lease Agreement and Option to Purchase (Midway Gold Corp), Mineral Lease Agreement and Option to Purchase (Midway Gold Corp)

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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 cooperate 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.

Appears in 2 contracts

Samples: Assignment of Contract (Steele Resources Corp), Assignment of Contract (Steele Resources Corp)

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 '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 '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 '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.

Appears in 1 contract

Samples: Mineral Lease Agreement and Option to Purchase (Midway Gold Corp)

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 MGC-054.doc 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.

Appears in 1 contract

Samples: Mineral Lease Agreement and Option to Purchase (Midway Gold Corp)

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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 's possession or control. If, (1) in the opinion of Lessee, Lessor’s '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 '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 '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 '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.

Appears in 1 contract

Samples: Mineral Lease Agreement and Option to Purchase (Midway Gold Corp)

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 Lessors shall provide Lessee with any abstracts and other evidences of title in Lessor’s Lessors possession or control. If, (1) in the opinion of Lessee, Lessor’s Lessors title to all or any part of the Premises is defective or less than as represented in Section 4.A; or (2) Lessor’s Lessors title is contested contested, questioned or questioned limited by any person or entity and Lessor is Lessors are 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 Lessors' title. In that event, Lessor Lessors shall execute all documents and shall take such other actions cooperate as are reasonably necessary to assist Lessee in its efforts to perfect or defend Lessor’s Lessors 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.

Appears in 1 contract

Samples: Mineral Lease Agreement (Newgold Inc)

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