Representation of Title. Owner represents and warrants that the Premises defined in Exhibit "A" of this Agreement are in good standing and that Owner owns the entire title to the Premises and that no other party has any right, title or interest therein; that Owner has good right and full power to convey the effective interest described herein; that the Premises are free and clear of all encumbrances; and that Owner shall not commit any act or acts which will encumber or cause a lien to be placed on the Premises, or which might hinder or impair the rights or ability of Gentor to exercise its rights hereunder, except subject and subordinate to the terms of this Agreement. That (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 and timely recorded and filed with appropriate governmental agencies; (iv) all maintenance payments required to hold the unpatented mining claims through the assessment year ending August 31, 2005 have been timely and properly paid to the appropriate Bureau of Land Management Office; and (v) all notices of intent to hold or other forms required to maintain the unpatented mining claims in good standing for the 2005 assessment year have been properly and timely recorded and filed with the appropriate governmental agencies as required by Montana law. The representations and warranties described herein shall survive termination of the Option.
Representation of Title. Grantor represents and warrants that it owns valid, fee simple absolute title to the Protected Property and has the right to grant and convey this Conservation Easement and that the Protected Property is free and clear of any and all mortgages, liens and encumbrances which would preclude the operation of this Conservation Easement.
Representation of Title. Grantor hereby agrees that, from and after the date hereof, Grantor will not allow any change in the condition of the Property to occur, other than those contemplated hereby, and will not, without in each instance first obtaining the written consent of the Grantee grant, create, assume or permit to exist any lien, lease, encumbrance, easement, covenant, condition, or restriction on or otherwise affecting the Property that will not be fully discharged, released, or terminated at or prior to Closing and shall not otherwise take any action adversely affecting the title to the Property as it exists on the date of this Agreement.
Representation of Title. Owner represents and warrants that the Premises defined in Exhibit "A" of this Agreement are in good standing and that Owner has full property rights and mineral rights under Mineral Lease Agreement and Option to Purchase, dated ___________ to the Premises and that no other party has any right, title or interest therein; that Owner has good right and full power to convey the effective interest described herein; that the Premises are free and clear of all encumbrances; and that Owner shall not commit any act or acts which will encumber or cause a lien to be placed on the Premises, or which might hinder or impair the rights or ability of Lessee to exercise its rights hereunder, except subject and subordinate to the terms of this Agreement. The representations and warranties described herein shall survive termination of the Option.
Representation of Title. Xxxxx Xxxx represents and warrants to the Lessee peaceful possession and exclusive use and that he owns the Property described herein, and that he has no knowledge of any condition or restraint on his ability to enter into this Agreement to allow for short term rentals.
Representation of Title. 21.1 With respect to the unpatented mining claims comprising all or a portion of the Property, LESSOR covenants, represents and warrants that, to the best of his knowledge, that: (a) the claims were properly located in accordance with applicable Federal and state laws and regulations; (b) all assessment work Gold Range Company LLC-Duke Mountain Resources, Inc. Lease requirements for the claims have been performed and all filings and recordings of proof of performance have been made properly and all Federal annual unpatented mining claim maintenance and rental fees have been paid properly and timely; (c) the claims are in good standing and LESSOR has good title to and owns the entire undivided legal and equitable interest in the claims, as provided by and subject to the paramount title of the United States; (d) LESSOR has good right and full power to lease and to convey the interests described in this Agreement; (e) the claims are free and clear of all liens, claims and encumbrances except as otherwise provided in this Agreement; (f) LESSOR will defend title to the claims consistent with these representations and warranties.
Representation of Title. Owner represents to the best of Owner's knowledge that: (a) Owner has good and marketable title to an undivided one hundred percent (100%) legal and equitable interest in the mineral estate and one hundred percent (100%) of the surface estate of the fee lands comprising part or all of the Property; (b) Owner has good right and full title to lease the effective interest described in this Agreement; and (c) the title to the surface and mineral estate of the fee lands is free and clear of all liens, claims and encumbrances created by, through or under Owner, except to the extent of such lien, if any, arising from loans, if any, which Owner may have in connection with Owner's ranching operations. Lessee understands that Owner has not caused or conducted any mineral title research of Owner's mineral estate ownership in the Property.
Representation of Title. Seller shall represent and warrant at the Closing that it is the sole and exclusive owner of the Riverboat and that it has granted no licenses or leases with respect to the Riverboat.
Representation of Title. 2.1 With respect to the Property, Sunshine covenants, represents and warrants, which covenants, representations and warranties shall survive termination of this Lease, that: (a) Sunshine holds the entire and undivided legal and equitable interests in the Property, subject to the paramount title of the United States in and to the unpatented claims and other matters of title disclosed in this Lease; (b). Sunshine has good, right and full power to lease and to convey the interests described in this Lease; (c) the Property is free and clear of all liens, claims and encumbrances except as otherwise provided in this Lease; (d) Sunshine shall not commit any act or acts which will encumber or cause a lien to be placed on the Property.
Representation of Title. Regarding the unpatented mining claims which constitute all or a portion of the Property, Owner represents, to Owner's best knowledge, that: (a) the claims were properly located in accordance with applicable Federal and state laws and regulations; (b) Owner has good title to the claims, subject to the paramount title of the United States and other matters of title disclosed in this Agreement; (c) the claims are free and clear of all liens, claims and encumbrances except as otherwise provided in this Agreement, and (d) there are no material adverse claim locations affecting the Property. Owner has disclosed to Miranda and Miranda acknowledges and accepts that Owner's title to the HMT 1-10 unpatented mining claims is subject to the production royalty reserved to Newmont Mining Corporation. Owner makes no representation or warranty concerning (x) the discovery or presence of valuable minerals on the unpatented mining claims which comprise all or a portion of the Property, or (y) the existence of minor conflicts with mining claims along the exterior boundaries of the Property or with patented lands interior to the boundaries of the Property.
