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.
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).
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.
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.
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.
Title to Claims. Except as disclosed in the Title Report, to Seller's knowledge, as to the unpatented mining claims comprising the Xxxxxx Xxxx Property (the "Claims") subject to the paramount title of the United States:
Title to Claims. 7 (h) Water Rights. . . . . . . . . . . . . . . 9 (i)
Title to Claims. Except as disclosed in --------------- Exhibit A, to Independence's Knowledge:
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.
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.
