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895338 07/27/2017 03.49.33 PM Page 3 of 521
<br /> Jean Alberico, Garfield County, Colorado
<br /> Rec Fee: $2,613.00 Doc Fee: $0.00 eRecorded
<br /> (h) to the extent transferable without payment of additional consideration
<br /> (unless Assignee agrees in advance in writing to pay such additional consideration), all
<br /> existing and effective marketing agreements, area of mutual interest agreements, surface
<br /> damage agreements, joint venture agreements, participation agreements, exchange
<br /> agreements, division and transfer orders, purchase and sale agreements, transportation
<br /> agreements, gathering and processing contracts, operating agreements, facilities
<br /> agreements, balancing agreements, water supply contracts, water exchange agreements,
<br /> farmin and farmout agreements,service agreements,grazing leases,agricultural leases,and
<br /> other Contracts,agreements,and instruments,in each case insofar as they relate to and will
<br /> be binding on the properties and interests described in this Section 1 or are required (by
<br /> their terms) to be binding on Assignee after the date of this Assignment, including those
<br /> agreements described in Exhibit A-9 to that certain Omnibus Assignment, Deed, Bill of
<br /> Sale and Conveyance dated effective January 1,2017, by and between the Parties,to which
<br /> Encana or Pavillion or any of their respective Affiliates is a party,but excluding in all cases
<br /> the Excluded Transportation Contracts, Hedge Contracts, and Debt Contracts (subject to
<br /> such exclusions, the"E&P Contracts");
<br /> (i) the Vehicles;
<br /> 0) subject to Section 13.2 of the Purchase Agreement, and except for the data
<br /> described in Section 2 i and Section 2(k),all files,records,and data of Encana or Pavillion
<br /> or their respective Affiliates to the extent they relate to the ownership, use, operation or
<br /> maintenance of the properties and interests described in this Section 1,including those that
<br /> are of the type described in Schedule 1.2(a)(11)of the Purchase Agreement(subject to the
<br /> Excluded Assets,the"E&PRecords");
<br /> (k) all geological surveys,seismic records,gravity maps,gravity meter surveys,
<br /> seismic surveys and other similar geological or geophysical surveys or data covering any
<br /> portion of the Contract Area, in each case only to the extent such data is transferable
<br /> without the payment of any fee or additional consideration to a 'Third Party (unless
<br /> Assignee agrees in advance in writing to pay such fee or consideration) or the breach of
<br /> any confidentiality restrictions owed to any Person other than any Assignor or their
<br /> respective Affiliates;
<br /> (1) all rights, claims, and causes of action (including warranty and similar
<br /> claims, indemnity claims, and defenses), whether arising before, on, or after the Effective
<br /> Time to the extent such rights,claims, and causes of action relate to or cover any Assumed
<br /> Liabilities;
<br /> (m) all (A)Hydrocarbons (or the proceeds from the sale of Hydrocarbons)
<br /> produced from, allocated to or attributable to the Units, the Leases, the Lands, and the
<br /> Wells (collectively, the "Oil and Gas Properties") on or after the Effective Time,
<br /> (B)Hydrocarbon Inventory as of the Effective Time and(C) Imbalance Volumes;
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