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<br /> Jacklyn K. Harmon, Garfield County, Colorado
<br /> Rec Fee: $118.00 Doc Fee: $0.00 eRecorded
<br /> DISCLAIMS, AND GRANTEE WAIVES ANY REPRESENTATION OR WARRANTY,
<br /> EXPRESS, STATUTORY OR IMPLIED, IN THIS OR ANY OTHER INSTRUMENT,
<br /> AGREEMENT, OR CONTRACT DELIVERED HEREUNDER OR IN CONNECTION
<br /> WITH THE TRANSACTIONS CONTEMPLATED HEREUNDER OR THEREUNDER,
<br /> INCLUDING ANY REPRESENTATION OR WARRANTY,ORAL OR WRITTEN,AS TO
<br /> (I)TITLE TO ANY OF THE SURFACE FEE,(II)THE CONTENTS,CHARACTER, OR
<br /> NATURE OF ANY DESCRIPTIVE MEMORANDUM, ANY REPORT OF ANY
<br /> PETROLEUM ENGINEERING CONSULTANT, OR ANY GEOLOGICAL, SEISMIC
<br /> DATA, RESERVE DATA, RESERVE REPORTS, RESERVE INFORMATION (ANY
<br /> ANALYSIS OR INTERPRETATION THEREOF) RELATING TO THE SURFACE FEE,
<br /> (III)THE EXISTENCE OF ANY PROSPECT, RECOMPLETION, INFILL OR STEP-
<br /> OUT DRILLING OPPORTUNITIES,(IV)ANY ESTIMATES OF THE VALUE OF THE
<br /> SURFACE FEE OR FUTURE REVENUES GENERATED BY GRANTEE OR THE
<br /> SURFACE FEE, (V)THE MAINTENANCE, REPAIR, CONDITION, QUALITY,
<br /> SUITABILITY, DESIGN, OR MARKETABILITY OF THE SURFACE FEE,
<br /> (VI)INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OR (VII)ANY
<br /> OTHER RECORD,FILES,OR MATERIALS OR INFORMATION(INCLUDING AS TO
<br /> THE ACCURACY,COMPLETENESS OR CONTENTS OF THE RECORDS)THAT MAY
<br /> HAVE BEEN MADE AVAILABLE OR COMMUNICATED TO GRANTEE OR ITS
<br /> AFFILIATES, OR ITS OR THEIR EMPLOYEES, AGENTS, CONSULTANTS,
<br /> REPRESENTATIVES,OR ADVISORS IN CONNECTION WITH THE TRANSACTIONS
<br /> CONTEMPLATED BY THIS DEED, THE PURCHASE AGREEMENT OR ANY
<br /> DISCUSSION OR PRESENTATION RELATING THERETO(INCLUDING ANY ITEMS
<br /> PROVIDED IN CONNECTION WITH SECTION 6.1 OF THE PURCHASE
<br /> AGREEMENT); AND EXCEPT AS AND TO THE EXTENT EXPRESSLY
<br /> REPRESENTED OTHERWISE IN ARTICLE 4 OF THE PURCHASE AGREEMENT OR
<br /> THE CERTIFICATE OF SELLER TO BE DELIVERED AT THE CLOSING PURSUANT
<br /> TO SECTION 8.2(d) OF THE PURCHASE AGREEMENT, GRANTOR FURTHER
<br /> DISCLAIMS, AND GRANTEE WAIVES, ANY REPRESENTATION OR WARRANTY,
<br /> EXPRESS, STATUTORY OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A
<br /> PARTICULAR PURPOSE OR CONFORMITY TO MODELS OR SAMPLES OF
<br /> MATERIALS OR ANY EQUIPMENT, IT BEING EXPRESSLY UNDERSTOOD AND
<br /> AGREED BY THE PARTIES HERETO THAT EXCEPT AS AND TO THE EXTENT
<br /> EXPRESSLY REPRESENTED OTHERWISE IN ARTICLE 4 OF THE PURCHASE
<br /> AGREEMENT OR THE CERTIFICATE OF SELLER TO BE DELIVERED AT THE
<br /> CLOSING PURSUANT TO SECTION 8.2(d)OF THE PURCHASE AGREEMENT,AND
<br /> WITHOUT LIMITATIONS OF THE RIGHTS AND OBLIGATIONS IN ARTICLE 12 OF
<br /> THE PURCHASE AGREEMENT AND ARTICLE 10 OF THE PURCHASE
<br /> AGREEMENT, THE SURFACE FEE IS BEING TRANSFERRED "AS IS, WHERE IS,"
<br /> WITH ALL FAULTS AND DEFECTS, AND THAT,AS OF CLOSING, GRANTEE HAS
<br /> MADE OR CAUSED TO BE MADE SUCH INSPECTIONS AS GRANTEE DEEMS
<br /> APPROPRIATE.
<br /> EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH IN THE
<br /> PURCHASE AGREEMENT, GRANTOR SHALL NOT HAVE ANY LIABILITY IN
<br /> CONNECTION WITH AND HAS NOT AND WILL NOT MAKE (AND HEREBY
<br /> DISCLAIMS) ANY REPRESENTATION OR WARRANTY REGARDING ANY
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