Common use of TITLE, OWNERSHIP AND RESPONSIBILITY FOR INJURY OR DAMAGE Clause in Contracts

TITLE, OWNERSHIP AND RESPONSIBILITY FOR INJURY OR DAMAGE. 14.1 Seller warrants for itself, its heirs, successors and assigns that it has good title to the gas delivered hereunder free and clear of any and all liens, encumbrances and claims whatsoever, and that Seller has good right and lawful authority to sell the same. Seller agrees to defend, indemnify and save Buyer harmless from any and all suits, claims, liens and encumbrances of whatsoever nature relating to such gas or the title thereto. If Buyer requests, Seller shall furnish Buyer a current attorney's division order title opinion, together with other title information reasonably requested by Buyer, which may include information linking the owners of royalties, overriding royalties, bonus payments, production payments and the like to their respective working interest owners. As between the parties, Buyer shall not be required to make payment until Seller shall have furnished the title opinion if requested and other information covering the land committed to this Contract showing good and merchantable title to the gas. Until such title information is furnished, or if Seller's title or right to receive any payment is questioned, or involved in litigation, Buyer shall have the right to withhold payment, without interest, until title information is received, during the pendency of such litigation, until said title or right to receive any such payment is freed from such question, or until Seller furnishes bond conditioned to save Buyer harmless with surety acceptable to Buyer. Without impairment of Seller's warranty of title, it is agreed that if Seller owns less than full fee simple title to the gas delivered hereunder, the payments provided for herein shall be made only in the proportion that Seller's interest bears to the entire fee simple title of the gas.

TITLE, OWNERSHIP AND RESPONSIBILITY FOR INJURY OR DAMAGE. 14.1 15.1 Seller warrants for itself, its heirs, successors and assigns that it has good title to the gas delivered hereunder free and clear of any and all liens, encumbrances and claims whatsoever, and that Seller has good right and lawful authority to sell the same. Seller agrees to defend, indemnify and save Buyer harmless from any and all suits, claims, liens and encumbrances of whatsoever nature relating to such gas or the title thereto. If Buyer requests, Seller shall furnish Buyer a current attorney's division order title opinion, together with other title information reasonably requested by Buyer, which may include information linking the owners of royalties, overriding royalties, bonus payments, production payments and the like to their respective working interest owners. As between the parties, Buyer shall not be required to make payment until Seller shall have furnished the title opinion if requested and other information covering the land committed to this Contract showing good and merchantable title to the gas. Until such title information is furnished, or if Seller's title or right to receive any payment is questioned, or involved in litigation, Buyer shall have the right to withhold payment, without with interest, until title information is received, during the pendency of such litigation, until said title or right to receive any such payment is freed from such question, or until Seller furnishes bond conditioned to save Buyer harmless with surety acceptable to Buyer. Without impairment of Seller's warranty of title, it is agreed that if Seller owns less than full fee simple title to the gas delivered hereunder, the payments provided for herein shall be made only in the proportion that Seller's interest bears to the entire fee simple title of the gas.