Representations and Indemnification Associated with the Assignment of the Lease. The Operator represents and warrants to the Developer that: (i) the Operator is the lawful owner of the Lease and rights and interest under the Lease and of the personal property on the Lease or used in connection with the Lease; (ii) the Operator has good right and authority to sell and convey the rights, interest, and property; (iii) the rights, interest, and property are free and clear from all liens and encumbrances; and (iv) all rentals and royalties due and payable under the Lease have been duly paid. These representations and warranties shall also be included in each recorded assignment of the acreage included in each Initial Well Location and Additional Well Location designated pursuant to sub-section (c) below, substantially in the form of Exhibit B attached to and made a part of this Agreement. The Operator agrees to indemnify, protect and hold the Developer and its successors and assigns harmless from and against all costs (including but not limited to reasonable attorneys’ fees), liabilities, claims, penalties, losses, suits, actions, causes of action, judgments or decrees resulting from the breach of any of the above representations and warranties. It is understood and agreed that, except as specifically set forth above, the Operator makes no warranty or representation, express or implied, as to its title or the title of the lessors in and to the lands or oil and gas interests covered by said Leases.
Appears in 4 contracts
Sources: Drilling and Operating Agreement (Atlas Resources Public #17-2007 (A) L.P.), Drilling and Operating Agreement (Atlas Resources Public #16-2007 (A) L.P.), Drilling and Operating Agreement (Atlas Resources Public #17-2008 (B) L.P.)
Representations and Indemnification Associated with the Assignment of the Lease. The Operator represents and warrants to the Developer that:
(i) the Operator is the lawful owner of the Lease and rights and interest under the Lease and of the personal property on the Lease or used in connection with the Lease;
(ii) the Operator has good right and authority to sell and convey the rights, interest, and property;
(iii) the rights, interest, and property are free and clear from all liens and encumbrances; and
(iv) all rentals and royalties due and payable under the Lease have been duly paid. These representations and warranties shall also be included in each recorded assignment of the acreage included in each Initial Well Location and Additional Well Location designated pursuant to sub-section (c) below, substantially in the form of manner set forth in Exhibit B attached to and made a part of this Agreement. B. The Operator agrees to indemnify, protect and hold the Developer and its successors and assigns harmless from and against all costs (including but not limited to reasonable attorneys’ fees), liabilities, claims, penalties, losses, suits, actions, causes of action, judgments or decrees resulting from the breach of any of the above representations and warranties. It is understood and agreed that, except as specifically set forth above, the Operator makes no warranty or representation, express or implied, as to its title or the title of the lessors in and to the lands or oil and gas interests covered by said Leases.
Appears in 3 contracts
Sources: Drilling and Operating Agreement (Atlas America Public #15-2005 (B) L.P.), Drilling and Operating Agreement (Atlas America Public #15-2005 Program), Drilling and Operating Agreement (Atlas America Public #14-2005 (A) LP)