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<br /> Jean Alberico, Garfield County, Colorado
<br /> Rec Fee: $228.00 Doc Fee: $0.00 eRecorded
<br /> systems, water supply and disposal systems, platforms, pumps, ponds, buildings
<br /> (including furniture and fixtures located therein), compressors, meters, tanks, machinery,
<br /> tools, pulling machines, utility lines, computer (but excluding any personal computers or
<br /> workstations, iPads or similar, and cellular phones)and automation equipment (including
<br /> the SCADA servers).
<br /> "Second Closing Assets"has the meaning set forth in Section 2.1(a).
<br /> "Second Closing Date"means August 1,2016.
<br /> "Second Closing Leases"means the Hydrocarbon leases listed on Exhibit A and:
<br /> (a) any lands unitized, communitized or pooled with such leases; and
<br /> (b) all other right, title and interest of Assignor in and to the leasehold estates
<br /> created by such leases.
<br /> "Second Closing Easements" means the surface fee interests, easements, servitudes,
<br /> rights-of-way, surface leases, licenses, authorizations, permits (other than Permits) and
<br /> other surface rights or interests appurtenant to set forth on Exhibit G but only to the
<br /> extent used or held for use in connection with the Properties.
<br /> "Second Closing Wells" means the wells listed on Exhibit B, and any and all other oil,
<br /> gas, water (including any water supply or disposal) wells, injection wells or other wells
<br /> located on the Second Closing Leases or allocable to the Second Closing Leases, or used
<br /> on, or held in connection with the development or operation of the Second Closing
<br /> Leases or Facilities.
<br /> "Hedge Contract" means any contract to which Assignor or any of its Affiliates is a
<br /> party with respect to any swap, forward, future, put, call, floor, cap, collar option or
<br /> derivative transaction or option or similar agreement, whether exchange traded, "over-
<br /> the-counter" or otherwise, involving, or settled by reference to, one or more rates,
<br /> currencies, commodities (including Hydrocarbons), equity or debt instruments or
<br /> securities, or economic, financial or pricing indices or measures of economic, financial or
<br /> pricing risk or value or any similar transaction or any combination of these transactions
<br /> or any derivative instrument as defined in Accounting Standards Codification Section
<br /> 815.
<br /> "Hydrocarbons" means crude oil, natural gas, casinghead gas, condensate, sulphur,
<br /> natural gas liquids, plant products and other liquid or gaseous hydrocarbons produced in
<br /> association therewith, including coalbed methane gas, CO2,helium, nitrogen and all other
<br /> minerals of every kind and character.
<br /> "Material Contracts" means those Contracts set forth on Schedule 5.1(i) to this
<br /> Assignment, and any of the following Contracts to which Assignor is a party(or bound as
<br /> a successor in interest) that are used or held for use in connection with, or relate to, the
<br /> Second Closing Assets and by which Assignee as owner of the Second Closing Assets
<br /> would be bound:
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