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2022G2GG0
<br />title to the Property, subject as aforesaid, against the claims and demands of all persons claiming or to claim
<br />the same or any part thereof. Any and all references made in this Mortgage to the Liens permitted by
<br />Section 7.3 of the Credit Agreement are made for the purpose of limiting certain warranties and covenants
<br />made by Mortgagor herein and such reference is not intended to affect the description herein of the
<br />Mortgaged Properties nor to subordinate the Liens and security interests hereunder to any such Liens.
<br />(b) Leases and Contracts; Performance of Obligations. Except as otherwise permitted in the
<br />Credit Agreement, all material Contracts, Servitudes, Surface Leases, Leases, and other agreements and
<br />leases forming a part of the Property are in full force and effect, except to the extent any of the same may
<br />terminate due to expiration of the stated terms thereof or where the termination thereof could not reasonably
<br />be expected to result in a Material Adverse Effect, and Mortgagor agrees to so maintain them in full force
<br />and effect. Except as otherwise permitted in the Credit Agreement, all rents, royalties and other payments
<br />due and payable by Mortgagor under the provisions of such Contracts, Servitudes, Surface Leases, Leases
<br />and other agreements and leases, or under the Liens permitted under Section 7.3 of the Credit Agreement,
<br />or otherwise attendant to the ownership or operation of the Property by Mortgagor, have been, and will
<br />continue to be, properly and timely paid. Mortgagor is not in default with respect to Mortgagor's
<br />obligations (and Mortgagor is not aware of any default by any third party with respect to such third party's
<br />obligations) under such Contracts, Servitudes, Surface Leases, Leases or other agreements or leases, or
<br />under the Liens permitted under Section 7.3 of the Credit Agreement, or otherwise attendant to the
<br />ownership or operation of any part of the Property, where such default could reasonably be expected to
<br />result in a Material Adverse Effect; Mortgagor will fulfill all such obligations coming due in the future,
<br />except where such failure to do so could not reasonably be expected to result in a Material Adverse Effect.
<br />There are no situations where Mortgagor is aware that a contingent liability may exist which may require
<br />Mortgagor to account for such liability on a basis less favorable to Mortgagor than the basis on which
<br />Mortgagor is currently accounting.
<br />(c) Contractual Arrangements. Except to the extent that any failure could not reasonably be
<br />expected to result in a Material Adverse Effect, Mortgagor will not: (i) permit any of the Facilities to be
<br />subject to any contractual or other arrangement for gathering, transporting, storage, treating, processing or
<br />other services (A) whereby payment is or can be deferred for a substantial period after the month in which
<br />performance occurred or is or can be made other than in cash, (B) which is not on a bona fide arms -length
<br />basis and at commercially reasonable prices, on terms which are customary in the industry, or (C) for which
<br />prepayments in material amounts have been received, (ii) fail to comply with contractual and other
<br />arrangements for gathering, transporting, storage, treating, processing and other services, (iii) permit to
<br />exist any imbalances in respect to the Facilities except for those imbalances incurred in the ordinary course
<br />of business that are settled in the ordinary course of business, (iv) permit to exist curtailment of (A) services
<br />in connection with the Facilities or (B) transportation of its Products other than as required by any
<br />applicable Requirement of Law or as a result of events of force majeure, (v) permit any Facilities or any
<br />material part thereof to cease to operate (except as a result of customary interruptions in the ordinary course
<br />of business or as a result of force majeure events) or to be abandoned, (vi) receive prepayments for services
<br />other than prepayments for liabilities for services that will accrue and be settled in the month following the
<br />month in which such services were rendered, (vii) permit to exist any contract for gathering, transporting,
<br />storage, treating, processing or other services for consideration or other terms in contravention of any
<br />applicable Requirement of Law, or (viii) receive consideration other than in accordance with applicable
<br />contracts and any applicable Requirement of Law. Mortgagor will use reasonable efforts to cure any events
<br />of force majeure. Mortgagor is presently receiving payments and fees for all contractual or other
<br />arrangements described above in accordance with the terms of such contract or agreement in all material
<br />respects.
<br />(d) Condition of Personal Property. The equipment, inventory, improvements, fixtures, goods
<br />and other tangible personal/movable property forming a part of the Property and used or useful thereto in
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