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999126 08/20/2024 09:43:00 AM Page 3 of 22
<br /> Jacklyn K. Harmon, Garfield County, Colorado
<br /> Rec Fee: $118.00 Doc Fee: $0.00 eRecorded
<br /> MATTER OR CIRCUMSTANCE RELATING TO ENVIRONMENTAL LIABILITIES,
<br /> COMPLIANCE WITH ENVIRONMENTAL LAWS, THE RELEASE OF HAZARDOUS
<br /> SUBSTANCES, HYDROCARBONS OR NORM INTO THE ENVIRONMENT OR THE
<br /> PROTECTION OF HUMAN HEALTH, SAFETY, NATURAL RESOURCES OR THE
<br /> ENVIRONMENT, OR ANY OTHER ENVIRONMENTAL CONDITION OF THE
<br /> SURFACE FEE,AND NOTHING IN THIS DEED,THE PURCHASE AGREEMENT,OR
<br /> OTHERWISE SHALL BE CONSTRUED AS SUCH A REPRESENTATION OR
<br /> WARRANTY, AND GRANTEE SHALL BE DEEMED TO BE TAKING THE SURFACE
<br /> FEE "AS IS, WHERE IS" FOR PURPOSES OF ITS ENVIRONMENTAL CONDITION.
<br /> EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH IN THE PURCHASE
<br /> AGREEMENT,GRANTEE HAS INSPECTED,OR WAIVED(AND SHALL BE DEEMED
<br /> TO HAVE WAIVED) ITS RIGHT TO INSPECT THE SURFACE FEE FOR ALL
<br /> PURPOSES, AND GRANTEE HAS SATISFIED ITSELF AS TO ITS PHYSICAL AND
<br /> ENVIRONMENTAL CONDITION, INCLUDING CONDITIONS SPECIFICALLY
<br /> RELATING TO THE PRESENCE, RELEASE, OR DISPOSAL OF HAZARDOUS
<br /> SUBSTANCES, SOLID WASTES, ASBESTOS, AND NORM. GRANTEE IS RELYING
<br /> SOLELY UPON THE TERMS OF THE PURCHASE AGREEMENT, EACH
<br /> TRANSACTION DOCUMENT, AND ITS OWN INSPECTION OF THE SURFACE FEE.
<br /> GRANTEE HAS HAD AN OPPORTUNITY TO MAKE ALL SUCH REVIEWS AND
<br /> INSPECTIONS OF THE SURFACE FEE AND THE RECORDS AS GRANTEE DEEMS
<br /> NECESSARY OR APPROPRIATE TO CONSUMMATE THE TRANSACTIONS
<br /> CONTEMPLATED BY THIS DEED.
<br /> GRANTOR AND GRANTEE AGREE THAT, TO THE EXTENT REQUIRED BY
<br /> APPLICABLE LAW TO BE EFFECTIVE OR ENFORCEABLE,THE DISCLAIMERS OF
<br /> CERTAIN REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS DEED
<br /> ARE "CONSPICUOUS" DISCLAIMERS FOR THE PURPOSE OF ANY APPLICABLE
<br /> LAW.
<br /> EXCEPTIONS FROM CONVEYANCE AND WARRANTY: This Deed is made and
<br /> accepted subject to the following matters:(a)all presently recorded and validly existing easements,
<br /> rights-of-way, and prescriptive rights, (b) all presently recorded and validly existing restrictions,
<br /> reservations, covenants, conditions, oil and gas leases, mineral interests, and water interests
<br /> outstanding in Persons other than Grantor, and (c) all presently unrecorded and validly existing
<br /> easements and rights-of-way created by Grantor for the benefit of its Affiliates, copies of which
<br /> have been provided to Grantee prior to the date hereof.
<br /> TO HAVE AND TO HOLD the Surface Fee unto Grantee, its successors and assigns,
<br /> forever,subject, however,to all the terms and conditions of this Deed.This Deed shall be binding
<br /> upon and inure to the benefit of Grantor and Grantee,and their respective successors and permitted
<br /> assigns.
<br /> Subrogation. To the extent permitted by applicable Law, Grantee shall be and is subrogated
<br /> to Grantor's and its Affiliates' rights in and to all representations,warranties,and covenants given
<br /> by Third Parties with respect to the Surface Fee acquired by Grantee. Grantor(on behalf of itself
<br /> and its Affiliates) hereby grants and transfers to Grantee, its successors and assigns, to the extent
<br /> so transferable and permitted by Law, the benefit of and the right to enforce the covenants,
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