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899496 11 /03/2017 01:14:15 PM Page 11 of 44 <br />Jean Alberico, Garfield County, Colorado <br />Rec Fee: $228.00 Doc Fee: $0.00 eRecorded <br />(a) any Contracts that can reasonably be expected to involve obligations of, or <br />payments from, Assignor after the Execution Date in a calendar year in <br />excess of one hundred thousand Dollars ($100,000.00) net to Assignor's <br />Working Interest; <br />(b) other than Second Closing Leases or Contracts for the sale of <br />Hydrocarbons produced from the Second Closing Assets or Contracts for <br />the processing of Hydrocarbons produced from the Second Closing <br />Assets, any Contracts related to the Second Closing Assets under which <br />Assignor can reasonably be expected to receive in a calendar year in <br />excess of one hundred thousand Dollars ($100,000.00); <br />(c) participation agreements, joint development agreements, non -competition <br />agreements, area of mutual interest agreements, exploration agreements, <br />purchase and sale agreements (including asset purchase agreements), <br />farmin and farmout agreements, partnership agreements, joint venture <br />agreements, development agreements, operating agreements, unit <br />agreements, joint operating agreements, unit operating agreements, data <br />license agreements, seismic license agreements or acreage dedication <br />agreements; and <br />(d) any Contracts for the sale (including any calls upon production, option to <br />purchase or similar right), purchase, balancing, gathering, processing, <br />storage or transportation of Hydrocarbons produced from the Assets or <br />otherwise relating to the marketing of Hydrocarbons produced from the <br />Second Closing Assets, other than Contracts which will terminate in six <br />(6) months or less after the Closing Datc or that are subject to cancellation <br />on not more than thirty (30) days' notice, in each case without penalty or <br />other detriment to Assignor; <br />(e) any Contracts relating to the supply or disposal of water; <br />(f) any Contracts for the disposal of Hazardous Materials from the Second <br />Closing Assets. <br />"Permits" means any authorizations, licenses, permits, consents, orders, franchises, <br />certificates and related instruments or rights issued by any Governmental Authority. <br />"Properties" means the Second Closing Leases and Second Closing Wells collectively, <br />and "Property" means a Second Closing Lease or Second Closing Well individually. <br />"Purchase Agreement" has the meaning set forth in Section 1.1. <br />"Records" means all of the books, records, correspondence, files, data and information, <br />in each case whether written or electronically stored, relating to the Second Closing <br />Assets, including all title records, prospect information, title opinions, title commitments, <br />abstracts, property ownership reports, well files, logs, pressure data, injection profiles, <br />