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958246 06/16/2021 09:16A7 AM Page 9 of 132 <br /> Jean Alberico, Garfield County, Colorado <br /> Rec Fee: $668.00 Doc Fee: $0.00 eRecorded <br /> CONTENTS, CHARACTER OR NATURE OF ANY REPORT OF ANY PETROLEUM <br /> ENGINEERING CONSULTANT, OR ANY ENGINEERING, GEOLOGICAL OR <br /> SEISMIC DATA OR INTERPRETATION, RELATING TO THE ASSETS, (C) THE <br /> QUANTITY, QUALITY OR RECOVERABILITY OF HYDROCARBONS IN OR FROM <br /> THE ASSETS, (D) ANY ESTIMATES OF THE VALUE OF THE ASSETS OR FUTURE <br /> REVENUES GENERATED BY THE ASSETS, (E) THE ABILITY TO PRODUCE <br /> HYDROCARBONS FROM THE ASSETS, (F) THE MAINTENANCE, REPAIR, <br /> CONDITION, QUALITY, SUITABILITY, DESIGN OR MARKETABILITY OF THE <br /> ASSETS, (G) THE CONTENT, CHARACTER OR NATURE OF ANY INFORMATION <br /> MEMORANDUM,REPORTS,BROCHURES,CHARTS OR STATEMENTS PREPARED <br /> BY ASSIGNOR OR THIRD PARTIES WITH RESPECT TO THE ASSETS, (H) ANY <br /> OTHER MATERIALS OR INFORMATION THAT MAY HAVE BEEN MADE <br /> AVAILABLE TO ASSIGNEE OR ITS AFFILIATES,OR ITS OR THEIR EMPLOYEES, <br /> AGENTS, CONSULTANTS, REPRESENTATIVES OR ADVISORS IN CONNECTION <br /> WITH THE TRANSACTIONS CONTEMPLATED BY THE PURCHASE AGREEMENT <br /> OR ANY DISCUSSION OR PRESENTATION RELATING THERETO AND (I) ANY <br /> IMPLIED OR EXPRESS WARRANTY OF FREEDOM FROM PATENT OR <br /> TRADEMARK INFRINGEMENT. SUBJECT TO (x) THE PROVISIONS OF ARTICLE <br /> IV OF THE PURCHASE AGREEMENT, (y) ASSIGNEE'S RIGHTS UPON A BREACH <br /> BY ASSIGNOR OF ANY OF ITS REPRESENTATIONS OR WARRANTIES <br /> CONTAINED IN ARTICLE V OF THE PURCHASE AGREEMENT, and (z) IN THE <br /> CASE OF FRAUD„ ASSIGNOR FURTHER DISCLAIMS ANY REPRESENTATION OR <br /> WARRANTY, EXPRESS, STATUTORY OR IMPLIED, OF MERCHANTABILITY, <br /> FREEDOM FROM LATENT VICES OR DEFECTS, FITNESS FOR A PARTICULAR <br /> PURPOSE OR CONFORMITY TO MODELS OR SAMPLES OF MATERIALS OF ANY <br /> OF THE ASSETS,RIGHTS OF AN ASSIGNEE UNDER APPROPRIATE STATUTES TO <br /> CLAIM DIMINUTION OF CONSIDERATION OR RETURN OF THE PURCHASE <br /> PRICE, OR RIGHTS OF A PURCHASER UNDER DECEPTIVE TRADE PRACTICE <br /> STATUTES,CONSUMER PROTECTION STATUES OR OTHER SIMILAR STATUTES, <br /> IT BEING EXPRESSLY UNDERSTOOD AND AGREED BY THE PARTIES THAT <br /> ASSIGNEE SHALL BE DEEMED TO BE OBTAINING THE ASSETS IN THEIR <br /> PRESENT STATUS,CONDITION AND STATE OF REPAIR,"AS IS"AND"WHERE IS" <br /> WITH ALL FAULTS OR DEFECTS (KNOWN OR UNKNOWN, LATENT, <br /> DISCOVERABLE OR UNDISCOVERABLE), AND THAT ASSIGNEE HAS MADE OR <br /> CAUSED TO BE MADE SUCH INSPECTIONS AS ASSIGNEE DEEMS APPROPRIATE. <br /> (c) ASSIGNOR AND ASSIGNEE AGREE THAT, TO THE EXTENT <br /> REQUIRED BY APPLICABLE LAW TO BE EFFECTIVE, THE DISCLAIMERS OF <br /> CERTAIN REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS <br /> SECTION 2.1 ARE "CONSPICUOUS" DISCLAIMERS FOR THE PURPOSE OF ANY <br /> APPLICABLE LAW. <br /> 9 <br />