Representations and Warranties of Winfield to each other Member. Winfield hereby represents and warrants to each other Member that (a) he holds valid and enforceable leasehold interests in the Leased Property, free and clear of any and all liens and other encumbrances, all of the terms and conditions of which leasehold interest are set forth in the Mineral Exploration and Mining Lease Agreements, each dated January 1, 2008, between Sutro Tunnel Company and Winfield, and Virginia City Ventures, Inc. and Winfield, correct and complete copies of which, including any amendments, supplements and other documents relating thereto, are attached as Exhibit B and Exhibit C hereto, (b) none of Sutro Tunnel Company, Virginia City Ventures, Inc. or Winfield is in breach of, or default under, the lease agreements pertaining to the Leased Property and no event or occurrence has occurred that, with or without the passage of time or the giving or receipt of notice, will result in any breach of or default under either lease, (c) this Agreement will convey to Comstock Mining (on behalf of xxx Xxxxany) the sole right to use all of the Leased Property, (d) there are no other restrictions on use by Comstock Mining of the Leased Proxxxxx xxd (e) Winfield is permitted to contribute the Leased Property to the Company pursuant to the terms of his leases of the Leased Property.
