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958246 06/16/2021 0916:47 AM Page 8 of 132 <br /> Jean Alberico, Garfield County, Colorado <br /> Rec Fee: $668.00 Doc Fee: $0.00 eRecorded <br /> CONTAINED IN ARTICLE V OF THE PURCHASE AGREEMENT, AND (z) IN THE <br /> CASE OF FRAUD, IF APPLICABLE, ALL RESPONSIBILITY AND LIABILITY <br /> RELATED TO SUCH CONDITIONS,WHETHER KNOWN OR UNKNOWN, FIXED OR <br /> CONTINGENT, SHALL BE TRANSFERRED FROM ASSIGNOR TO ASSIGNEE <br /> WITHOUT RECOURSE AGAINST ASSIGNOR. WITHOUT LIMITING THE <br /> FOREGOING BUT SUBJECT TO (x) THE PROVISIONS OF ARTICLE IV OF THE <br /> PURCHASE AGREEMENT, (y) ASSIGNEE'S RIGHTS UPON A BREACH BY <br /> ASSIGNOR OF ANY OF ITS REPRESENTATIONS OR WARRANTIES CONTAINED IN <br /> ARTICLE V OF THE PURCHASE AGREEMENT,and(z) IN THE CASE OF FRAUD„ IF <br /> APPLICABLE, EFFECTIVE AS OF CLOSING, ASSIGNEE WAIVES ITS RIGHT TO <br /> RECOVER FROM ASSIGNOR AND FOREVER RELEASES AND DISCHARGES THE <br /> ASSIGNOR GROUP FROM ANY AND ALL LOSSES, WHETHER DIRECT OR <br /> INDIRECT, KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, THAT MAY <br /> ARISE OR MAY HAVE ARISEN PRIOR TO, ON OR AFTER THE EFFECTIVE TIME <br /> ON ACCOUNT OF OR IN ANY WAY CONNECTED WITH THE ENVIRONMENTAL <br /> OR OTHER PHYSICAL CONDITION OF THE ASSETS OR ANY VIOLATION BY <br /> ASSIGNOR, ASSIGNEE OR ANY OTHER PARTY OF ANY APPLICABLE LEASE, <br /> CONTRACT OR OTHER INSTRUMENT (BUT ONLY TO THE EXTENT SUCH <br /> RELATES TO THE ENVIRONMENTAL OR PHYSICAL CONDITION OF THE <br /> PROPERTY) OR OF ANY APPLICABLE EXISTING OR FUTURE ENVIRONMENTAL <br /> LAW, REGULATION, ORDER OR OTHER DIRECTIVE OF ANY GOVERNMENTAL <br /> AUTHORITY, HAVING JURISDICTION APPLICABLE THERETO, INCLUDING <br /> WITHOUT LIMITATION, ALL ENVIRONMENTAL LAWS. ASSIGNEE IS AWARE <br /> THAT THE ASSETS HAVE BEEN USED FOR EXPLORATION, DEVELOPMENT AND <br /> PRODUCTION OF OIL AND GAS AND THAT THERE MAY BE PETROLEUM, <br /> PRODUCED WATER, WASTES OR OTHER MATERIALS LOCATED ON OR UNDER <br /> THE LANDS COVERED BY THE LEASES (OR LANDS POOLED OR ASSOCIATED <br /> THEREWITH). EQUIPMENT AND SITES INCLUDED IN THE ASSETS MAY <br /> CONTAIN ASBESTOS, HAZARDOUS SUBSTANCES OR NORM. NORM MAY AFFIX <br /> OR ATTACH ITSELF TO THE INSIDE OF WELLS, MATERIALS AND EQUIPMENT <br /> AS SCALE, OR IN OTHER FORMS. THE WELLS, MATERIALS AND EQUIPMENT <br /> LOCATED ON THE LEASES OR LANDS POOLED OR ASSOCIATED THEREWITH <br /> MAY CONTAIN NORM AND OTHER WASTES OR HAZARDOUS SUBSTANCES,AND <br /> NORM-CONTAINING MATERIAL AND OTHER WASTES MAY HAVE BEEN <br /> BURIED, COME IN CONTACT WITH THE SOIL, OR OTHERWISE BEEN DISPOSED <br /> OF ON OR UNDER THE LANDS COVERED BY THE LEASES OR LANDS POOLED <br /> OR ASSOCIATED THEREWITH. SPECIAL PROCEDURES MAY BE REQUIRED FOR <br /> THE REMEDIATION, REMOVAL, TRANSPORTATION OR DISPOSAL OF WASTES, <br /> ASBESTOS, HAZARDOUS SUBSTANCES AND NORM FROM THE ASSETS. <br /> (b) SUBJECT TO (x) THE PROVISIONS OF ARTICLE IV OF THE <br /> PURCHASE AGREEMENT, (y) ASSIGNEE'S RIGHTS UPON A BREACH BY <br /> ASSIGNOR OF ANY OF ITS REPRESENTATIONS OR WARRANTIES CONTAINED IN <br /> ARTICLE V OF THE PURCHASE AGREEMENT, AND (z) IN THE CASE OF FRAUD, <br /> ASSIGNEE ACKNOWLEDGES AND AGREES THAT ASSIGNOR EXPRESSLY <br /> DISCLAIMS AND NEGATES ANY REPRESENTATION OR WARRANTY, EXPRESS, <br /> STATUTORY OR IMPLIED, AS TO (A) TITLE TO ANY OF THE ASSETS, (B) THE <br /> 8 <br />