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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 Date 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 /> 11 <br />