THIS RELEASE is made, effective as of the last date written below, by EOG RESOURCES, INC., whose principle address is 1111 Bagby, Sky Lobby II, Houston Texas 77002 (hereinafter referred to as "Grantor") to Purchaser of assets listed in this lot (hereinafter referred to as "Grantee").
In consideration of the release contained herein, the receipt and sufficiency of which are hereby acknowledged and confessed, and intending to be legally bound, Grantor does hereby ASSIGN, GRANT, SELL, CONVEY, AND TRANSFER to Grantee all of that certain personal property described in the attached Exhibit A (the "Personal Property").
TO HAVE AND TO HOLD the Personal Property, unto the said Grantee, his heirs, legal representatives, successors and assigns, forever and Grantor does hereby bind himself, his heirs, legal representatives, successors and assigns to warrant and forever defend, all and singular the said Personal Property unto the said Grantee, his heirs, legal representatives, successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof, by through and under Grantor, but not otherwise.
Grantor hereby warns Grantee that the Personal Property may bear or contain hazardous chemicals or other hazardous materials which may be, or may become by chemical reaction or otherwise, directly or indirectly, hazardous to life, to health, or to property by reason of toxicity, flammability, explosiveness or for other similar or different reasons, during use, handling, cleaning, reconditioning, or disposal. Grantee acknowledges that the Personal Property may be hazardous because they are used or for other reasons and agrees to read any information which Grantor may provide concerning possible hazards whether or not such hazards arise from the "used" nature of the Personal Property.
Grantor has executed this Release and sold, transferred, and delivered the Personal Property described above, and Grantee has accepted this Release and purchased the Personal Property described above AS IS, WHERE IS, AND, EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH ABOVE, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, IT BEING THE EXPRESS INTENTION OF GRANTOR AND GRANTEE TO NEGATE AND EXCLUDE ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, WARRANTIES CREATED BY ANY AFFIRMATION OF FACT OR PROMISE OR BY ANY DESCRIPTION OF THE EQUIPMENT, OR BY ANY SAMPLE OR MODEL, AND ALL OTHER WARRANTIES WHATSOEVER CONTAINED IN OR CREATED BY LAW EXCEPT THE WARRANTY OF TITLE LIMITED AS EXPRESSLY SET FORTH HEREIN.
IN WITNESS WHEREOF, the parties, by their duly authorized representatives, have executed this Release in mutual agreement as to the terms herein.