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<br /> Jean Alberico, Garfield County, Colorado
<br /> Rec Fee: $228.00 Doc Fee: $0.00 eRecorded
<br /> Assignee's rights arising hereunder with respect to any breach of Assignor's
<br /> covenants in respect of this Assignment or as set forth in the Purchase Agreement.
<br /> (b) Defects.
<br /> (i) Except for the representations and warranties in Section 5.1 of the
<br /> Purchase Agreement and the special warranty of title under this
<br /> Assignment, Assignor expressly disclaims any representation or
<br /> warranty, express, statutory or implied, as to (i) title to any of the
<br /> Second Closing Assets, (ii) the contents, character or nature of any
<br /> report of any petroleum engineering consultant, or any engineering,
<br /> geological or seismic data or interpretation relating to the Second
<br /> Closing Assets, (iii) the quantity, quality or recoverability of
<br /> Hydrocarbons in or from the Second Closing Assets, (iv) any
<br /> estimates of the value of the Second Closing Assets or future revenues
<br /> to be generated by the Second Closing Assets, (v) the production of or
<br /> ability to produce Hydrocarbons from the Second Closing Assets, (vi)
<br /> the maintenance, repair, condition, quality, suitability, design or
<br /> marketability of the Second Closing Assets, (vii) the content,
<br /> character or nature of any information memorandum, reports,
<br /> brochures, charts or statements prepared by Assignor, its Affiliates or
<br /> Third Parties with respect to the Second Closing Assets, (viii) any
<br /> other materials or information that may have been made available to
<br /> Assignee or its Affiliates or any of its or their Representatives in
<br /> connection with the Transaction or any discussion or presentation
<br /> relating thereto and (ix) any implied or express warranty of freedom
<br /> from patent or trademark infringement. Except for the
<br /> representations and warranties in Section 5.1 of the Purchase
<br /> Agreement and the special warranty of title under this Assignment,
<br /> Assignor further disclaims any representation or warranty, express,
<br /> statutory or implied, of merchantability, freedom from latent vices or
<br /> defects, fitness for a particular purpose or conformity to models or
<br /> samples of materials of any of the Second Closing Assets, rights of a
<br /> purchaser under appropriate statutes to claim diminution of
<br /> consideration or return of the Purchase Price, it being expressly
<br /> understood and agreed by the Parties that Assignee shall otherwise be
<br /> deemed to be obtaining the Second Closing Assets in their present
<br /> status, condition and state of repair, "as is" and "where is" with all
<br /> faults or defects (known or unknown, latent, discoverable or
<br /> undiscoverable), and that Assignee has made or caused to be made
<br /> such inspections as Assignee deems appropriate.
<br /> (ii) Assignee recognizes that the Second Closing Assets have been used for oil
<br /> and gas drilling, completion, production, gathering, pipeline,
<br /> transportation, storage, and related operations and other oil and gas
<br /> operations. Physical changes in the Second Closing Assets and in the
<br /> lands included therein may have occurred as a result of such uses. The
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