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<br /> Jean Alberico, Garfield County, Colorado
<br /> Rec Fee: $668.00 Doc Fee: $0.00 eRecorded
<br /> (m) all equipment, machinery, tools, fixtures, owned rolling stock and other
<br /> personal and mixed property, operational and nonoperational, known or unknown, located on any
<br /> of the Assets at or after the Effective Time that are primarily used or held for use in connection
<br /> with the ownership, operation or development of the Assets, including:
<br /> (i) the inventory set forth on Schedule 2.2(o)(i) of the Purchase
<br /> Agreement,
<br /> (ii) the Transferred Vehicles; and
<br /> (iii) all communication towers, SCADA equipment and transmitters, and
<br /> measurement technology located in Garfield County, Colorado.
<br /> (n) all pipelines, gathering systems, well equipment, casing, tubing, pumps,
<br /> motors, fixtures, machinery, compression equipment, flow lines, processing and separation
<br /> facilities, structures, materials and other items primarily used in the ownership, operation or
<br /> development of the Assets, including the Midstream Facilities;
<br /> (o) to the extent that they may be assigned, all Permits that are primarily used
<br /> in connection with the ownership or operation of the Assets, including the Colony Permits;
<br /> (p) to the extent they may be assigned, the Existing Contracts;
<br /> (q) all Hydrocarbons attributable to the Assets to the extent such Hydrocarbons
<br /> (i) were produced from and after the Effective Time, or(ii) result in an upward adjustment to the
<br /> Purchase Price;
<br /> (r) those Imbalances relating to the Assets;
<br /> (s) those Suspense Funds described on Schedule 5.11 of the Purchase
<br /> Agreement;
<br /> (t) to the extent transferrable without payment of a fee or other penalty to any
<br /> Third Party (unless Assignee agrees to, and does, pay such fees or penalties), all geophysical and
<br /> other seismic and related technical data and information relating to the Assets;
<br /> (u) all accounts, trade credits, accounts receivable, and all other proceeds,
<br /> income or revenues attributable to the Assets with respect to any period of time from and after the
<br /> Effective Time,
<br /> (v) the benefits of any Identified Tax Credits with respect to Severance Taxes
<br /> in connection with the Assets to which Assignee is entitled under applicable Law, and
<br /> (w) the Records.
<br /> Excepting and Reserving to Assignor, however, all Excluded Assets, as defined below.
<br /> TO HAVE AND TO HOLD the Assets unto Assignee, its successors and assigns.
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