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895338 07/27/2017 03:4933 PM Page 6 of 521 Jean Alberico, Garfield County, Colorado Rec Fee: $2,613.00 Doc Fee: $0.00 eRecorded (m) all geological surveys,seismic records,gravity maps,gravity meter surveys, seismic surveys and other similar geological or geophysical surveys or data covering any portion of the Contract Area, in each case only to the extent such data is not transferable without, for example, the payment of any fee or additional consideration(unless Assignee agrees in advance in writing to pay such fee or consideration) or the breach of any confidentiality restrictions owed to Persons other than Assignors or their respective Affiliates; (n) to the extent the Base Purchase Price has been adjusted downward pursuant to Section 2.3(e)(9) of the Purchase Agreement, all prepaid expenses, deposits, and cash (including rights with respect to restricted cash and escrows) held by or on behalf of any Assignor or its Affiliates from or for the account of other working interest owners with respect to operations conducted(or to be conducted)after the Effective Time; (o) the Seller Bonds; (p) the Excluded Transportation Contracts; (q) all Hedge Contracts; (r) all Debt Contracts; (s) any Assets that are excluded from the Transaction pursuant to the express terms of this Agreement; and (t) the assets described on Schedule 1.3(t); and (u) any logo,service mark, copyright,trade name,domain name,phone number or trademark of or associated with such Assignor or any Affiliate of such Assignor or any business of such Assignor or of any Affiliate of such Assignor. 3. Water Rights. In addition to the Excluded Assets,the E&P Assets shall not include, and there is excepted,reserved,and excluded from the sale,transfer,and assignment contemplated hereby, the water rights described on Exhibit A-8 or otherwise located within the Contract Area (the "Water Rights"), which, for the avoidance of doubt, Assignors have conveyed to Assignee under the Quitclaim Deed dated effective as of the Effective Time. 4. Special Warranty of Title. Subject to the terms of the Purchase Agreement, each Assignor warrants and shall forever defend Defensible Title to the E&P Assets unto Assignee and its successors and assigns against any person whomsoever lawfully claiming,or to claim the same, or any part thereof, from and after May 19, 2004, by, through or under each Assignor and its Affiliates,but not otherwise,subject to the Permitted Encumbrances. The special warranty of title set forth in this Section 4 shall survive until the date that is seven years after the date of this Assignment; and, at and after such date, such special warranty will expire and terminate, and -6-