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958246 06/16/2021 09:16:47 AM Page 5 of 132 <br /> Jean Alberico, Garfield County, Colorado <br /> Rec Fee: $668.00 Doc Fee: $0.00 eRecorded <br /> (1) all geophysical or geological interpretations that Assignor reasonably <br /> deems to be proprietary, <br /> (m) documents prepared or received by Assignor or its Affiliates with respect to <br /> (i) lists of prospective purchasers for such transactions compiled by Assignor or its Affiliates or <br /> their respective representatives, (ii) offers submitted by other prospective purchasers of the Assets, <br /> (iii) analyses by Assignor or its Affiliates or any of their respective representatives of any offers <br /> submitted by any prospective purchaser, (iv) correspondence between or among Assignor or its <br /> Affiliates or any of their respective representatives, on the one hand, and any prospective purchaser <br /> other than Assignee, on the other hand, and (v)correspondence among Assignor or its Affiliates <br /> or any of their respective representatives with respect to any other offers, the prospective <br /> purchasers, or the transactions contemplated by this Agreement; <br /> (n) concurrent rights to use all Rights-of-Way but only to the extent Assignor <br /> or any of its Affiliates currently uses such Rights-of-Way in connection with its use, ownership or <br /> operation of assets other than the Assets, <br /> (o) the equipment and other assets specifically identified on Schedule 2.3(o); <br /> (p) all vehicles, other than the Transferred Vehicles, <br /> (q) all fee mineral interests (but subject to the grant of the Royalty Free Lease <br /> for the Leased Mineral Interests and the Wellbore Royalty Free Lease for the Wellbore Leased <br /> Mineral Interest), except for the fee mineral interest in the Colony Fee; <br /> (r) any master service agreements, blanket agreements or similar contracts, <br /> (s) an overriding royalty interest for the benefit of Assignor equal to three <br /> percent (3%) net revenue interest in the Lessee Leases and the Lessor Leases, subject to <br /> proportionate reduction, on production from any and all wells spud on the Lessee Leases or the <br /> Lessor Leases on and after July 1, 2028, provided that if Assignee elects not to participate in a <br /> well, the proportionate reduction will be calculated based on the working interest Assignee would <br /> have acquired had it elected to participate in such well (the"Reserved Override"); <br /> (t) any Suspense Funds not described on Schedule 5.11 of the Purchase <br /> Agreement; and <br /> (u) the surface fee and associated water rights, marketing contracts and other <br /> assets and properties described on Schedule 2.3(u). <br /> Section 1.3 Assignment Subject to Purchase Agreement; Retained Rights and <br /> Obligations. This Assignment is made in accordance with and is subject to the terms, covenants <br /> and conditions contained in the Purchase Agreement, a copy of which can be obtained from <br /> Assignee at the above referenced address. In the event of a conflict between the provisions of the <br /> Purchase Agreement and this Assignment,the provisions of the Purchase Agreement shall control. <br /> The execution and delivery of this Assignment by Assignor, and the execution and acceptance of <br /> this Assignment by Assignee, shall not operate to release or impair any surviving rights or <br /> obligations of Assignor or Assignee under the Purchase Agreement. <br /> 5 <br />