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895338 07/27/2017 03:49:33 PM Page 5 of 521 <br /> Jean Alberico, Garfield County, Colorado <br /> Rec Fee: $2,613.00 Doc Fee: $0.00 eRecorded <br /> attributable to Suspense Funds) or any other receivables affecting the interests described <br /> in Section 1 accruing before the Effective Time; <br /> (c) refunds due such Assignor by a Third Party for any overpayment of rentals <br /> or excess royalty interests attributable to the E&P Assets with respect to any period of time <br /> prior to the Effective Time,except to the extent included in the Suspense Funds; <br /> (d) any documents related to the process of selling the E&P Assets, including <br /> such Assignor's or it Affiliates' economic projections or analyses relating to the E&P <br /> Assets and any proposal received with respect to the E&P Assets; <br /> (e) all corporate, financial (including consolidated financial statements), tax <br /> and legal (to the extent not related to Assumed Liabilities or title or environmental <br /> condition of the E&P Assets)records of such Assignor; <br /> (f) all contracts of insurance and, to the extent not relating to the Assumed <br /> Liabilities, contractual indemnity rights; <br /> (g) all Hydrocarbons from or attributable to the E&P Assets with respect to all <br /> periods prior to the Effective Time, and all proceeds attributable thereto, excluding <br /> (1)Hydrocarbon Inventory as of the Effective Time and (2)all Imbalance Volumes; <br /> (h) all claims for refunds, credits or similar benefits relating to Seller Taxes; <br /> (i) all documents and instruments of such Assignor (or any Affiliate of such <br /> Assignor) that are (1) except for any documents or instruments constituting title opinions <br /> or to the extent relating to Assumed Liabilities, subject to legal privilege (such as the <br /> attorney-client privilege or work product doctrine)or un-Affiliated Third Party contractual <br /> restrictions on disclosure or transfer(unless Assignee notifies such Assignor in advance in <br /> writing that it is willing to pay a specific fee associated therewith (if any), in which case <br /> such Assignor will request that any such restriction be waived without the requirement for <br /> any Assignor to make payment of additional consideration),(2) interpretative or subjective <br /> data, (3)personnel information, (4) Income Tax information, and (5)claims retained by <br /> Assignors received from, and records of negotiations with, Third Parties and economic <br /> analyses associated therewith; <br /> 0) those assets,properties and contracts described on Schedule 1.3fi1; <br /> (k) the files, records, and data relating to the E&P Assets that are maintained <br /> by such Assignor or its Affiliates (1)on such Assignor's or its Affiliate's Microsoft <br /> Exchange servers or(2) in emails, schedules, notes, calendars, contacts or task lists of the <br /> employees of such Assignor or its Affiliates; <br /> (1) the information technology assets described on Schedule 1.30) of the <br /> Purchase Agreement; <br /> - 5 - <br />