Title to Claims Sample Clauses

Title to Claims. Except as disclosed in Exhibit A, to --------------- Independence's Knowledge: Leased Claims. Each of the leases set forth in Exhibit A-1 ------------- (the "Leases") is in full force and effect in accordance with its terms, free from material default by Independence; and Independence has received no written or other notice from any lessor under any Lease asserting a default by Independence in the performance of the terms of any Lease. As to the Leased Claims, subject to the paramount title of the United States, to Independence's Knowledge: (A) Independence is in exclusive possession thereof, free and clear of all liens, encumbrances or other burdens on production (except as set forth on Schedule 4.1(e)) or claims of third parties arising by, through or under Independence; (B) since Independence acquired a leasehold interest in the unpatented Leased Claims, assessment work, intended in good faith to satisfy the requirements of state and federal laws and regulations and generally regarded in the mining industry as sufficient, for all assessment years up to and including the assessment year ending September 1, 1992, was timely performed on or for the benefit of those Leased Claims and affidavits evidencing such work were timely recorded; (C) since Independence acquired a leasehold interest in the unpatented Leased Claims, claim rental and maintenance fees required to be paid under federal law in lieu of the performance of assessment work, in order to maintain those Leased Claims commencing with the assessment year ending on September 1, 1993 and through the assessment year ending on September 1, 1996, have been timely and properly paid, and affidavits or other notices evidencing such payments and required under federal or state laws or regulations have been timely and properly filed or recorded; (D) since Independence acquired a leasehold interest in the unpatented Leased Claims, all filings with the BLM with respect to those Leased Claims which are required under the Federal Land Policy and Management Act of 1976, as amended ("FLPMA") have been timely and properly made, and (E) there are no actions or administrative or other proceedings pending or threatened against or affecting the Leased Claims. Nothing herein shall be deemed a representation that any of the unpatented Leased Claims contains a discovery of valuable minerals.
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Title to Claims. Lessor covenants and represents that Lessor is the co-owner and controller of the claims as set forth in the attached Exhibit A and has provided Lessee all of Lessor's title information and related documents. Lessor does not make title representation beyond those specifically disclosed thereby. Lessor further covenants and represents that all of the unpatented Claims have been located in compliance with the laws of the state in which the Claims lie, and with all laws of the United States of America governing location of the Claims, and that Lessor has performed all assessment work or paid or knows all maintenance fees have been paid, required by law to maintain title to the unpatented Claims in Lessor to the date hereof. Lessor shall cooperate and do everything, in his power to put title in a marketable state. Expense to be borne by ICMC.
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Title to Claims. 7 (h) Water Rights. . . . . . . . . . . . . . . 9 (i)
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Title to Claims. Except as disclosed in --------------- Exhibit A, to Independence's Knowledge:
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Title to Claims. With respect to the Claims, except as provided in Exhibit A and subject to the paramount title of the United States and the rights of third parties to use the surface of those Claims pursuant to applicable laws, to MTM’s knowledge: (i) all Governmental Fees required to maintain those Claims have been paid through the assessment year ending September 1, 2006; and (ii) evidence of payment of Governmental Fees, and other filings required to maintain those Claims in good standing have been properly and timely recorded or filed with appropriate governmental agencies. Nothing in this Section 4.1(f), however, shall be deemed to be a representation or a warranty as to the presence or absence of unpatented mining claims or millsites in conflict with the Claims, that the Claims constitute a compact group of contiguous claims free of interior gaps or fractions, or that any of the Claims contains a valuable mineral deposit. In addition, MTM does not make any representation or warranty as to whether or not MTM or its predecessors-in-title established or maintained pedis possessio rights with respect to any of the Claims, what rights MTM has to use the surface of any of the Claims for any purpose, or otherwise as to the validity of any of the Claims or the use of the same (except as specifically set forth above).
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Title to Claims. 2.1) Fox represents, warrants and covenants to ICMC that it is the sole recorded and beneficial owner and controller of the Property as set forth in the attached Schedule "A"; the Property is free and clear of all liens, charges and encumbrances, other than the EC Lease and it has no knowledge of any adverse claim or encumbrance upon the Property other than with respect to the EC Lease; and the Claims comprising the Property are valid and subsisting mineral claims and are in good standing under all applicable laws and regulation and all taxes, assessments and filing required in this regard have been timely paid or filed and Fox has provided ICMC with all of its title information and related documents. Fox does not make title representation beyond those specifically disclosed hereby. 2.2) Fox further represents, warrants and covenants that all of the unpatented Claims have been located and acquired in compliance with the laws of the State of Montana, and with all laws of the United States of America governing location of the Claims. 2.3) Fox and EC shall cooperate and do everything in its power to put title in a marketable state. with expense to be borne by ICMC.
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Title to Claims. 2.1) Fox represents, warrants and covenants to EC that Fox is the sole recorded and beneficial owner and controller of the Property as set forth in the attached Schedule "A"; the Property is free and clear of all liens, charges and encumbrances, and it has no knowledge of any adverse claim or encumbrance upon the Property; and the Claims comprising the Property are valid and subsisting mineral claims and are in good standing under all applicable laws and regulation and all taxes, assessments and filing required in this regard have been timely paid or filed and Fox has provided EC with all of Fox's title information and related documents. Fox does not make title representation beyond those specifically disclosed hereby. 2.2) Fox further represents, warrants and covenants that all of the unpatented Claims have been located and acquired in compliance with the laws of the State of Montana, and with all laws of the United States of America governing location of the Claims, and that Fox has the full right and authority to enter into this Agreement. 2.3) Fox shall cooperate and do everything in its power to put title in a marketable state. with expense to be borne by EC. 2.4) Fox acknowledges that the representations, warranties and covenants contained in this Agreement are conditions upon which EC is entering this Agreement and are continuing conditions of EC's obligations hereunder and shall be expressed in any conveyance to EC hereunder. Fox shall indemnify and hold harmless EC from and against any and all losses, damages, costs, actions or suits arising out of or in connection with a breach of any representation, warrants or covenants contained herein.
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Title to Claims. (i) With respect to those Claims identified in Exhibit A as fee properties, one or more Seller holds record title to such Claims and is in exclusive possession of and owns such Claims, free and clear of all defects, liens and encumbrances (including liens arising under Environmental Laws), arising by, through, or under Sellers, and free and clear of other defects, liens and encumbrances of which any Seller has Knowledge. (ii) With respect to those Claims identified in Exhibit A as being held under leases or other contracts: (A) one or more Seller holds record title to the leases and contracts and is in exclusive possession of such Claims; (B) no Seller has received any notice of default of any of the terms or provisions of such leases or other contracts; (C) the applicable Seller has the authority under such leases or other contracts to perform fully its obligations under this Agreement; (D) such leases or contracts are valid and are in good standing and are free and clear of all defects, liens and encumbrances (including liens arising under Environmental Laws) arising by, through, or under Sellers; (E) Sellers have no Knowledge of any act or omission or any condition on the Claims that could be construed as a default under any such lease or other contract; (F) to Sellers' Knowledge, the Claims covered thereby are free and clear of all defects, liens and encumbrances (including liens arising under Environmental Laws); and (G) all payments due under such leases or other contracts are current and Sellers' interest under such leases or other contracts is free and clear of all defects, liens and encumbrances arising by, through, or under Sellers. (iii) With respect to unpatented mining claims that were located by any Seller that are included within the Claims, subject to the paramount title of the United States: (A) the unpatented mining claims were properly laid out and monumented; (B) all required location and validation work was properly performed; (C) location notices and certificates were properly recorded and filed with appropriate governmental agencies; (D) all assessment work and mining claim maintenance payments required to hold the unpatented mining claims has been performed and made through the assessment year ending September 1, 1996; (E) except for the local government filing of affidavit of payment of claim maintenance fees for the payment due August 31, 1995, all affidavits of assessment work and other filings required to maintain the claims in ...
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Title to Claims. It has not heretofore assigned, sold, transferred, pledged or encumbered, or purported to assign, sell, transfer, pledge or encumber, either in writing or otherwise, any right, title, or interest it has or may have in any Claims it is settling, resolving, or releasing pursuant to this Agreement. It has not heretofore created any lien, encumbrance, or other right by which any other party may claim all or any part of the claim(s) it is releasing under this Agreement. Without limiting the foregoing, as of the date hereof, it is the sole owner, beneficially and of record, of those securities, options and warrants of which it is stated to be the owner in the recitals to this Agreement and it has not assigned, transferred or encumbered any right under, pursuant to, or in connection with any agreement identified in the recitals hereto to which it is a party. Notwithstanding anything to the contrary contained in any other section of this Agreement, it shall indemnify, defend, and hold harmless each of the other parties to this Agreement from and against any Claims based on or arising in connection with any such prior assignment, sale, transfer, lien, encumbrance, or right, or any such purported assignment, sale, transfer, lien, encumbrance, or right.
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Related to Title to Claims

  • Title to Work Title to Work, materials and equipment covered by an approved Application for Payment will pass to the Owner either by incorporation in construction or upon receipt of payment by the Contractor, whichever shall occur first;

  • Title to Property The Company and its Subsidiaries have good and marketable title in fee simple to all real property and good and marketable title to all personal property owned by them which is material to the business of the Company and its Subsidiaries, in each case free and clear of all liens, encumbrances and defects except such as are described in Schedule 3(t) or such as would not have a Material Adverse Effect. Any real property and facilities held under lease by the Company and its Subsidiaries are held by them under valid, subsisting and enforceable leases with such exceptions as would not have a Material Adverse Effect.

  • Title to Properties The Company does not own any real property. The Company has heretofore made available to Parent correct and complete copies of all leases, subleases and other agreements (collectively, the "Real Property Leases") under which the Company or any of its Subsidiaries uses or occupies or has the right to use or occupy, now or in the future, any real property or facility (the "Leased Real Property"), including without limitation all modifications, amendments and supplements thereto. Except in each case where the failure would not, individually or in the aggregate, have a Company Material Adverse Effect or except as otherwise set forth in Section 3.9 of the Company Disclosure Letter, (i) the Company or one of its Subsidiaries has a valid leasehold interest in each parcel of Leased Real Property free and clear of all Liens except liens of record and other permitted liens and each Real Property Lease is in full force and effect, (ii) all rent and other sums and charges due and payable by the Company or its Subsidiaries as tenants thereunder are current in all material respects, (iii) no termination event or condition or uncured default of a material nature on the part of the Company or any such Subsidiary or, to the Knowledge of the Company or any such Subsidiary, the landlord, exists under any Real Property Lease, (iv) the Company or one of its Subsidiaries is in actual possession of each Leased Real Property and is entitled to quiet enjoyment thereof in accordance with the terms of the applicable Real Property Lease and applicable law, and (v) the Company and its Subsidiaries own outright all of the personal property (except for leased property or assets for which it has a valid and enforceable right to use) which is reflected on the Balance Sheet, except for property since sold or otherwise disposed of in the ordinary course of business and consistent with past practice and except for liens of record and other permitted liens. Except where the failure would not, individually or in the aggregate, have a Company Material Adverse Effect, the plant, property and equipment of the Company and its Subsidiaries that are used in the operations of their businesses are in good operating condition and repair, subject to ordinary wear and tear, and, subject to normal maintenance, are available for use.

  • Title to Collateral The Collateral is owned by Borrower, free and clear of all liens and other encumbrances of any kind (including liens or other encumbrances upon properties acquired or to be acquired under conditional sales agreement or other title retention devised), excepting only liens in favor of Lender.

  • Title to Data All materials, documents, data or information obtained from the County data files or any County medium furnished to the Contractor in the performance of this Contract will at all times remain the property of the County. Such data or information may not be used or copied for direct or indirect use by the Contractor after completion or termination of this Contract without the express written consent of the County. All materials, documents, data or information, including copies, must be returned to the County at the end of this Contract.

  • Title to Goods passes to Buyer upon receipt of the Goods at the Buyer- designated location, whether it is an address of the Buyer or of any third party designated by Buyer.

  • Defense of Title to Collateral Each Borrower shall at all times defend its title to Collateral and Agent’s Liens therein against all Persons, claims and demands whatsoever, except Permitted Liens.

  • Title to Company Assets Title to Company assets, whether real, personal or mixed and whether tangible or intangible, shall be deemed to be owned by the Company as an entity, and the Sole Member shall not have any ownership interest in such Company assets or any portion thereof.

  • Title to the Assets (a) Corporation and its Subsidiaries have good title to all personal and movable properties owned by them, in each case, free and clear of any Lien other than (i) those described in Section 27(a) of the Corporation Disclosure Letter, (ii) those described in the Corporation Financial Statements, or (iii) Permitted Liens. (b) Except as disclosed in Section 27(b) of the Corporation Disclosure Letter, to the knowledge of Corporation, there are not any material defects, failures or impairments in the title of Corporation’s or its Subsidiaries’ respective material assets other than any Permitted Liens. Neither Corporation, nor any of its Subsidiaries is a party to any Contract to sell, transfer or otherwise dispose of any material interest in Corporation’s or its Subsidiaries’ assets. (c) Except as disclosed in Section 27(c) of the Corporation Disclosure Letter, to the knowledge of Corporation, none of Corporation or its Subsidiaries has, since its initial public offering, received any written notice that any of Corporation’s assets or the buildings and/or fixtures thereon, nor their use, operation or maintenance for the purpose of carrying on the business of Corporation and its Subsidiaries in the Ordinary Course violates any restrictive covenant binding upon Corporation or its Subsidiaries or any provision of any Law. (d) Corporation and its Subsidiaries do not own any real property. (e) Any real property and buildings held under lease by Corporation and its Subsidiaries (the “Leased Properties”) are held by them under valid, subsisting and enforceable and provide Corporation and its Subsidiaries the right to use all real property, including all fixtures and improvements situated thereon, and the right to use all equipment and personal property, tangible and intangible, in each case which is used in the operations of the business of such entity and which is necessary to conduct the business of such entity in the manner in which it is presently conducted. (f) There is not, with respect to the Leased Properties, (i) any material default by Corporation or any of its Subsidiaries, or any event of default or event which with notice or lapse of time, or both, would constitute a material default by Corporation or any of its Subsidiaries or (ii) to the knowledge of Corporation, any existing material default by any other party to any lease in respect of the Leased Properties, or any event of default or event which with notice or lapse of time, or both, would constitute a material default by any other party to any lease in respect of the Leased Properties. (g) To the knowledge of Corporation, there is no expropriation or similar proceedings, actual or threatened in respect of the Leased Properties or any part thereof.

  • Title to Company Property All property owned by the Company, whether real or personal, tangible or intangible, shall be deemed to be owned by the Company as an entity, and no Member, individually, shall have any ownership of such property. The Company may hold its property in its own name or in the name of a nominee which may be the Board or any of its Affiliates or any trustee or agent designated by it.

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