Common use of Loss of Title Clause in Contracts

Loss of Title. 2.3.1 Except only as otherwise provided in Subsections 2.3.2 or 2.4.2, any failure or loss of title to the Assets, and all costs of defending title thereto, shall be charged to each Partner in accordance with its Participating Interest. 2.3.2 All losses and costs referenced under Subsection 2.3.1 that arise out of or result from a breach of the representations and warranties of Surgold under Subsection 2.1.2 shall be charged to and paid by Surgold. All losses and costs referenced under Subsection 2.3.1 arising out of or resulting from a breach of the Managing Partner’s obligations under Subsection 7.2(b) shall be charged to and paid by the Managing Partner.