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2021-08-31_REVISION - M1980047
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2021-08-31_REVISION - M1980047
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Entry Properties
Last modified
12/28/2024 1:58:43 PM
Creation date
8/31/2021 8:32:45 PM
Metadata
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Template:
DRMS Permit Index
Permit No
M1980047
IBM Index Class Name
REVISION
Doc Date
8/31/2021
Doc Name
Request For Succession Of Operator
From
Exxon Mobil Corporation
To
DRMS
Email Name
ACY
THM
SMS
Media Type
D
Archive
No
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958246 06/16/2021 09:16:47 AM Page 10 of 132 <br /> Jean Alberico, Garfield County, Colorado <br /> Rec Fee: $668.00 Doc Fee: $0.00 eRecorded <br /> ARTICLE 3 <br /> MISCELLANEOUS <br /> Section 3.1 Assumed Obligations. Assignee hereby assumes and agrees to fulfill, <br /> perform, pay and discharge all Assumed Obligations as set forth in the Purchase Agreement. <br /> Section 3.2 Separate Assignments. Where separate assignments of Assets have been, <br /> or will be, executed for filing with and approval by applicable governmental entities, any such <br /> separate assignments (a) shall evidence the Assignment and assignment of the applicable Assets <br /> herein made, and shall not constitute any additional Assignment or assignment of the Assets, (b) <br /> are not intended to modify, and shall not modify, any of the terms, covenants and conditions, or <br /> limitations on warranties, set forth in this Assignment and are not intended to create and shall not <br /> create any representations, warranties or additional covenants of or by Assignor to Assignee, and <br /> (c) shall be deemed to contain all of the terms and provisions of this Assignment, as fully and to <br /> all intents and purposes as though the same were set forth at length in such separate assignments. <br /> Section 3.3 Governing Law. THIS ASSIGNMENT AND THE LEGAL RELATIONS <br /> AMONG ASSIGNOR AND ASSIGNEE SHALL BE GOVERNED AND CONSTRUED IN <br /> ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, EXCEPT TO THE EXTENT <br /> THE REAL PROPERTY LAWS OF THE STATE IN WHICH THE ASSETS ARE LOCATED <br /> REQUIRE THE APPLICATION OF THE LAWS OF SUCH STATE TO THE MATTERS <br /> CONTEMPLATED HEREIN. EACH OF ASSIGNOR AND ASSIGNEE CONSENT TO THE <br /> EXERCISE OF JURISDICTION IN PERSONAM BY THE COURTS OF THE STATE OF <br /> TEXAS FOR ANY ACTION ARISING OUT OF THIS ASSIGNMENT OR THE <br /> TRANSACTIONS CONTEMPLATED HEREBY. ALL ACTIONS OR PROCEEDINGS WITH <br /> RESPECT TO, ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH, OUT OF, <br /> RELATED TO OR FROM THIS ASSIGNMENT OR THE OTHER TRANSACTION <br /> DOCUMENTS SHALL BE EXCLUSIVELY LITIGATED IN COURTS HAVING SITES IN <br /> HOUSTON, HARRIS COUNTY, TEXAS. <br /> Section 3.4 Successors and Assigns. This Assignment shall bind and inure to the <br /> benefit of the parties hereto and their respective successors and permitted assigns; provided, <br /> ho►,ever, nothing in this Assignment shall assign or grant, or in any way operate to assign or grant, <br /> any right, title or interest in, to or under the Purchase Agreement to any successor or assign of <br /> Assignee with respect to the Assets or any part thereof, it being expressly understood that rights, <br /> titles and interests under the Purchase Agreement may only be obtained or assigned in strict <br /> accordance with the terms thereof. <br /> Section 3.5 Titles and Captions. All Article or Section titles or captions in this <br /> Assignment are for convenience only, shall not be deemed part of this Assignment and in no way <br /> define, limit, extend or describe the scope or intent of any provisions hereof. Except to the extent <br /> otherwise stated in this Assignment, references to "Articles" and "Sections" are to Articles and <br /> Sections of this Assignment, and references to "Exhibits" are to the Exhibits attached to this <br /> Assignment, which are made a part hereof and incorporated herein for all purposes. <br /> Section 3.6 Counterparts. This Assignment may be executed in counterparts,and each <br /> such counterpart shall be deemed to be an original instrument, but all such counterparts together <br /> 10 <br />
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