Common use of Unpatented Mining Claims Clause in Contracts

Unpatented Mining Claims. Regarding the unpatented mining claims which constitute all or a portion of the Property, Owner covenants, represents and warrants, which covenants, representations and warranties shall survive termination of this Agreement, that: (a) the claims were properly located in accordance with applicable federal and state laws and regulations; (b) all assessment work requirements for the claims have been performed and all filings and recordings of proof of performance have been made properly and all federal annual unpatented mining claim maintenance and rental fees have been paid properly and timely; (c) the claims are in good standing and Owner has good title to and owns the entire undivided legal and equitable interest in the claims, subject to the paramount title of the United States and other matters of title disclosed in this Agreement; (d) Owner has good right and full power to lease and to convey the interests described in this Agreement; (e) the claims are free and clear of all liens, claims and encumbrances except as otherwise provided in this Agreement (and the Exhibits attached to this Agreement); (f) Owner shall not commit any act or acts which will encumber or cause a lien to be placed on the claims; and (g) Owner will defend title to the claims consistent with these representations and warranties. Owner makes no representation or warranty concerning the discovery or presence of valuable minerals on the unpatented mining claims which comprise all or a portion of the Property.

Unpatented Mining Claims. Regarding the unpatented mining claims which constitute comprising all or a portion of the Property, Owner covenants, represents and warrants, which covenants, representations and warranties shall survive termination of this Agreement, that: (a) the claims were properly located in accordance with applicable federal Federal and state laws and regulations; (b) all assessment work requirements for the claims have been performed and all filings and recordings of proof of performance have been made properly and all federal Federal annual unpatented mining claim maintenance and rental fees have been paid properly and timely; (c) the claims are in good standing and Owner has good title to and owns the entire undivided legal and equitable interest in the claims, subject to the paramount title of the United States and other matters of title disclosed in this Agreement; (d) Owner has good right and full power to lease and to convey the interests described in this Agreement; (e) the claims are free and clear of all liens, claims and encumbrances except as otherwise provided disclosed in this Agreement (and the Exhibits attached to this Agreement); (f) Owner shall not commit any act or acts which will encumber or cause a lien to be placed on the claims; and (g) Owner will defend title to the claims consistent with these representations and warranties. Owner makes no representation or warranty concerning the discovery or presence of valuable minerals on the unpatented mining claims which comprise all or a portion of the Property.