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895338 07/27/2017 03:49-33 PM Page 8 of 521 <br /> Jean Alberico, Garfield County, Colorado <br /> Rec Fee: $2,613.00 Doc Fee: $0.00 eRecorded <br /> HAVE NOT CONSTITUTED AND SHALL NOT CONSTITUTE A REPRESENTATION OR <br /> WARRANTY OF ANY KIND BY ANY ASSIGNOR. EXCEPT FOR THE EXPRESS <br /> REPRESENTATIONS AND WARRANTIES OF ASSIGNORS CONTAINED IN THIS ASSIGNMENT, <br /> TILE- PURCHASE, AGREEMENT, AND THE OTHER TRANSACTION DOCUMENTS, AND <br /> WITHOUT LIMITING EACH ASSIGNOR'S OBLIGATIONS UNDER ARTICLES IV,V,AND XIV <br /> OF THE PURCHASE AGREEMENT, AND THE RIGHTS AND REMEDIES OF ASSIGNEE AS A <br /> RESULT OF ANY ACTS OF FRAUD (AS DEFINED IN THE PURCHASE AGREEMENT) BY ANY <br /> MEMBER OF THE SELLER INDEMNIFIED PARTIES, ASSIGNEE EXPRESSLY WAIVES THE <br /> WARRANTY OF FITNESS AND THE WARRANTY AGAINST VICES AND DEFECTS, WHETHER <br /> APPARENT OR LATENT,IMPOSED BY ANY LAW. <br /> (b) EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES OF <br /> ASSIGNORS IN THIS ASSIGNMENT,THE PURCHASE AGREEMENT,AND THE TRANSACTION <br /> DOCUMENTS,AND SUBJECT TO ASSIGNEE'S RIGHTS UNDER ARTICLES IV,V AND XIV OF <br /> THE PURCHASE AGREEMENT AND THE.RIGHTS AND REMEDIES OF ASSIGNEE.AS A RESULT <br /> OF ANY ACTS OF FRAUD(AS DEFINED IN THE PURCHASE AGREEMENT) BY ANY MEMBER <br /> OF THE SELLER INDEMNIFIED PARTIES,EACH ASSIGNOR HEREBY EXPRESSLY DISCLAIMS <br /> AND NEGATES ANY IMPLIED OR EXPRESS WARRANTY AT COMMON LAW,BY STATUTE OR <br /> OTHERWISE RELATING TO(1)THE ACCURACY,COMPLETENESS OR MATERIALITY OF ANY <br /> OF THE RECORDS OR OTHER INFORMATION FURNISHED WITH RESPECT OF THE <br /> PURCHASE AGREEMENT (INCLUDING THE E&P RECORDS); (2)THE EXISTENCE OR <br /> EXTENT OF RESERVES OR THE VALUE OF TIIE E&P ASSETS BASED THEREON; (3) THE <br /> CONDITION OR STATE OF REPAIR OF ANY OF THE E&P ASSETS; (4)TIIE ABILITY OF THE <br /> OIL AND GAS PROPERTIES TO PRODUCE HYDROCARBONS, INCLUDING PRODUCTION <br /> RATES, DECLINE RATES AND RECOMPLETION OPPORTUNITIES; (5) REGULATORY <br /> MATTERS; (6)THE PRESENT OR FUTURE VALUE OF THE ANTICIPATED INCOME,COSTS OR <br /> PROFITS, IF ANY, TO BE DERIVED FROM THE E&P ASSETS; (7) THE ENVIRONMENTAL <br /> CONDITION OF THE E&P ASSETS; (8)ANY PROJECTIONS AS TO EVENTS THAT COULD OR <br /> COULD NOT OCCUR;OR(9)TIIE TAX ATTRIBUTES OF ANY E&P ASSETS. EXCEPT FOR THE <br /> EXPRESS REPRESENTATIONS AND WARRANTIES OF ASSIGNORS CONTAINED IN THIS <br /> ASSIGNMENT, THE PURCHASE AGREEMENT, AND THE OTHER TRANSACTION <br /> DOCUMENTS,EACH ASSIGNOR'S OBLIGATIONS UNDER ARTICLES IV,V,AND XIV OF THE <br /> PURCHASE AGREEMENT,AND THE RIGIITS AND REMEDIES OF ASSIGNEE AS A RESULT OF <br /> ANY ACTS OF FRAUD(AS DEFINED IN THE PURCHASE AGREEMENT) BY ANY MEMBER OF <br /> THE SELLER INDEMNIFIED PARTIES, ANY DATA, INFORMATION, OR OTHER RECORDS <br /> FURNISHED BY ASSIGNORS,EXCEPT AS TO ANY SCHEDULE,ARE PROVIDED'r0 ASSIGNEE <br /> AS A CONVENIENCE AND ASSIGNEE'S RELIANCE ON OR USE OF THE SAME IS AT <br /> ASSIGNEE'S SOLE RISK. <br /> (c) THIS DISCLAIMER AND DENIAL OF WARRANTY ALSO EXTENDS TO ANY <br /> EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY AS TO THE PRICES ASSIGNEE AND <br /> ASSIGNORS ARE OR WILL BE ENTITLED TO RECEIVE FROM PRODUCTION OF OIL,GAS Oil <br /> OTHER SUBSTANCES FROM THE OIL AND GAS PROPERTIES, IT BEING ACKNOWLEDGED, <br /> AGREED AND EXPRESSLY UNDERSTOOD THAT, EXCEPT FOR THE EXPRESS <br /> - 8 - <br />