Common use of Underlying Agreements Clause in Contracts

Underlying Agreements. Owner covenants, represents and warrants, which covenants, representations and warranties shall survive termination of this Agreement, that: (a) Owner's execution and delivery of this Agreement and the instruments to be executed and delivered by Owner in accordance with the terms of this Agreement will not conflict with or result in a breach of or default under any of the terms, conditions or provisions of any of the Underlying Agreements; (b) there are no actions, claims, litigation, proceedings or suits pending or threatened against Owner or any of the Properties which could, if continued, adversely affect Owner's ability to fulfill Owner's obligations under this Agreement; (c) Owner has not previously assigned, optioned, subleased or otherwise encumbered its interest in the Underlying Agreements; (d) there has been no act or omission by Owner which could result by notice or lapse of time in the abandonment, breach, default, forfeiture, relinquishment or termination of any of the Underlying Agreements or any other agreement, contract or instrument relating to the Property to which Owner is a party or in accordance with which Owner is obligated; and (e) at Triband's request, Owner will request and obtain from each lessor, sublessor or optionor, as applicable, under the Underlying Agreements an instrument in accordance with which each such party certifies that the Underlying Agreement to which it is a party is fully effective and in good standing.

Underlying Agreements. Owner covenants, represents and warrants, which covenants, representations and warranties shall survive termination of this Agreement, that: (a) Owner's execution and delivery of this Agreement and the instruments to be executed and delivered by Owner in accordance with the terms of this Agreement will not conflict with or result in a breach of or default under any of the terms, conditions or provisions of any of the Underlying Agreements; (b) there are no actions, claims, litigation, proceedings or suits pending or threatened against Owner or any of the Properties which could, if continued, adversely affect Owner's ability to fulfill Owner's obligations under this Agreement; (c) Owner has not previously assigned, optioned, subleased or otherwise encumbered its interest in the Underlying Agreements; (d) except as to the matter referred to in Section 5.1 concerning the Bottom Agreement, there has been no act or omission by Owner which could result by notice or lapse of time in the abandonment, breach, default, forfeiture, relinquishment or termination of any of the Underlying Agreements or any other agreement, contract or instrument relating to the Property to which Owner is a party or in accordance with which Owner is obligatedAgreements; and (e) at TribandRoyal Gold's request, Owner will request and obtain from each lessor, sublessor or optionor, as applicable, under the Underlying Agreements an instrument in accordance with which each such party certifies that the Underlying Agreement to which it is a party is fully effective and in good standing.