Common use of Mining Claims Clause in Contracts

Mining Claims. With respect to unpatented mining claims that are included within the Properties, whether owned outright or held under lease or other contractual arrangement, except as provided in Exhibit H and subject to the paramount title of the United States: (i) the unpatented mining claims were properly laid out and monumented; (ii) all required location and validation work was properly performed; (iii) location notices and certificates were properly recorded and filed with appropriate governmental agencies; (iv) a assessment work or maintenance fees required to hold the unpatented mining claims has been performed in a manner consistent with that required of the owner of the claim through the assessment year ending on or before September 1, 1998; (v) all affidavits of assessment work, maintenance fees, and other filings to maintain the claims in good standing have been properly recorded or filed with appropriate governmental agencies; (vi) the claims are free and clear of defects, liens and encumbrances arising by, through or under AMPI and (vii) AMPI has no knowledae of conflicting unpatented mining claims. Nothing in this Section 5.16, however, shall be deemed to be a representation or a warranty that each of the unpatented mining claims has a discovery of minerals within its respective boundaries. With respect to those unpatented mining claims that were not located by AMPI or an affiliate of AMPI, but are included within the properties, AMPI makes the foregoing representations and warranties (with the foregoing exceptions) to the best of its knowledge and belief.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Rud John O), Agreement and Plan of Merger (Olson Lawrence G)

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Mining Claims. With respect to The Purchaser 10-K describes all unpatented mining claims that are included within and mill sites of Purchaser or any of its Subsidiaries (the Properties“Purchaser Mining Claims”). Except as disclosed in the Purchaser 10-K or in the Purchaser SEC Reports filed on or after the date of the Purchaser 10-K and applying customary standards in the United States mining industry and to the knowledge of Purchaser, whether owned outright or held under lease or other contractual arrangementwith respect to the Purchaser Mining Claims, except as provided in Exhibit H and subject to the paramount title of the United States: (ia) the unpatented mining claims were properly laid out and monumented; (iib) all required location and validation work was properly performed; (iiic) location notices and certificates were properly recorded and filed with appropriate governmental agenciesGovernmental Entities; (ivd) a all assessment work work, location fees, mining claim rental fees, or mining claim maintenance fees required to hold the unpatented mining claims has Purchaser Mining Claims and maintain them in good standing through the applicable assessment year have been performed in a manner consistent with that required of the owner of the claim through the assessment year ending on or before September 1, 1998have been paid; (ve) all affidavits of assessment work, work or of payment of maintenance fees, fees or notices of intent to hold and other filings required to maintain the claims in good standing have been properly and timely recorded or filed with appropriate governmental agenciesGovernmental Entities; (vif) neither Purchaser nor any of its Subsidiaries has received any notification of any unresolved violation or noncompliance with location and maintenance requirements for the claims are free and clear of defectsPurchaser Mining Claims, liens and encumbrances arising by, through or under AMPI and (viig) AMPI neither Purchaser nor any of its Subsidiaries has no knowledae knowledge of conflicting unpatented mining claims. Nothing in this Section 5.16, however, shall be deemed to be a representation or a warranty that each of the unpatented mining claims has a discovery of minerals within its respective boundaries. With respect to those unpatented mining claims that were not located by AMPI or an affiliate of AMPI, but are included within the properties, AMPI makes the foregoing representations and warranties (with the foregoing exceptions) to the best of its knowledge and belief.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Resource Capital Fund v L.P.), Agreement and Plan of Merger (Uranium Resources Inc /De/)

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Mining Claims. With respect to unpatented mining claims that are included within the Properties, whether owned outright or held under lease or other contractual arrangement, except as provided in Exhibit H and subject to the paramount title of the United States: (i) the unpatented mining claims were properly laid out and monumented; (ii) all required location and validation work was properly performed; (iii) location notices and certificates were properly recorded and filed with appropriate governmental agencies; (iv) a all assessment work or maintenance fees required to hold the unpatented mining claims has been performed in a manner consistent with that required of the owner of the claim through the assessment year ending on or before September 1, 1998; (v) all affidavits of assessment work, maintenance fees, and other filings to maintain the claims in good standing have been properly recorded or filed with appropriate governmental agencies; (vi) the claims are free and clear of defects, liens and encumbrances arising by, through or under AMPI AMPI; and (vii) AMPI has no knowledae knowledge of conflicting unpatented mining claims. Nothing in this Section 5.16, however, shall be deemed to be a representation or a warranty that each of the unpatented mining claims has a discovery of minerals within its respective boundaries. With respect to those unpatented mining claims that were not located by AMPI or an affiliate of AMPI, but are included within the properties, AMPI makes the foregoing representations and warranties (with the foregoing exceptions) to the best of its knowledge and belief.

Appears in 1 contract

Samples: Agreement and Plan (Azco Mining Inc)

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