Common use of Resaca Obligations Clause in Contracts

Resaca Obligations. In the event that the Company does not perform its obligations with respect paying the Separation Payment and other payments under Section 3, Resaca agrees to pay the Separation Payment and such other payments to Executive. Furthermore, to the extent the Company does not fulfill its obligations under this Agreement, Resaca agrees to cause the Surviving Corporation to fulfill the Company’s obligations. Other than the obligations listed in Section 3(b), Section 7, and this Section 27, Resaca shall have no further responsibilities or obligations under or pursuant to this Agreement. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THE FOREGOING AGREEMENT, THAT I UNDERSTAND ALL OF ITS TERMS AND THAT I AM RELEASING CLAIMS AND THAT I AM ENTERING INTO IT VOLUNTARILY. AGREED TO BY: /s/ Xxxxxxxx X. Xxxxxx Xxxxxxxx X. Xxxxxx Date: September 29, 2009 STATE OF TEXAS COUNTY OF TARRANT Before me, a Notary Public, on this day personally appeared Xxxxxxxx X. Xxxxxx known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledges to me that he has executed this Agreement on behalf of himself and his heirs, for the purposes and consideration therein expressed. Given under my hand and seal of office this 29th day of September, 2009. /s/ Xxxxxx X. Xxxxxx Notary Public in and for the State of Texas (PERSONALIZED SEAL) XXXX PETROLEUM, INC. By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: V.P. & General Counsel Date: 9/29/09 STATE OF TEXAS COUNTY OF DALLAS Before me, a Notary Public, on this day personally appeared Xxxxxxx X. Xxxxxx, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of Xxxx Petroleum, Inc., and that s/he has executed the same on behalf of said corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this 29th day of September, 2009. /s/ Xxxxxxx Xxxxxxx Notary Public in and for the State of Texas (PERSONALIZED SEAL) RESACA EXPLOITATION, INC. By: /s/ Xxxxx Work Xxxxx Work Vice President and Chief Financial Officer Date: September 29, 0000 XXXXX XX XXXXX XXXXXX XX XXXXXX Before me, a Notary Public, on this day personally appeared Xxxxx Work, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of Resaca Exploitation, Inc., and that he has executed the same on behalf of said corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this 29th day of September, 2009. /s/ Xxxxxxx X. Xxxxxxxx Notary Public in and for the State of Texas (PERSONALIZED SEAL) EXHIBIT A

Resaca Obligations. In the event that the Company does not perform its obligations with respect paying the Separation Payment and other payments under Section 3, Resaca agrees to pay the Separation Payment and such other payments to Executive. Furthermore, to the extent the Company does not fulfill its obligations under this Agreement, Resaca agrees to cause the Surviving Corporation to fulfill the Company’s obligations. Other than the obligations listed in Section 3(b), Section 7, and this Section 27, Resaca shall have no further responsibilities or obligations under or pursuant to this Agreement. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THE FOREGOING AGREEMENT, THAT I UNDERSTAND ALL OF ITS TERMS AND THAT I AM RELEASING CLAIMS AND THAT I AM ENTERING INTO IT VOLUNTARILY. AGREED TO BY: /s/ Xxxxxxxx X. Xxxxxx Xxxxxxxx X. Xxxxxx S. Xxxxxxx Xxxxxxx S. Xxxxxxx Xxxxxxx Date: September 29, 2009 STATE OF TEXAS COUNTY OF TARRANT Before me, a Notary Public, on this day personally appeared Xxxxxxxx X. Xxxxxx S. Xxxxxxx Xxxxxxx known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledges to me that he has executed this Agreement on behalf of himself and his heirs, for the purposes and consideration therein expressed. Given under my hand and seal of office this 29th day of September, 2009. /s/ Xxxxxx X. Xxxxxx Notary Public in and for the State of Texas (PERSONALIZED SEAL) XXXX PETROLEUM, INC. By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: V.P. & General Counsel Date: 9/29/09 STATE OF TEXAS COUNTY OF DALLAS Before me, a Notary Public, on this day personally appeared Xxxxxxx X. Xxxxxx, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of Xxxx Petroleum, Inc., and that s/he has executed the same on behalf of said corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this 29th day of September, 2009. /s/ Xxxxxxx Xxxxxxx Notary Public in and for the State of Texas (PERSONALIZED SEAL) RESACA EXPLOITATION, INC. By: /s/ Xxxxx Work Xxxxx Work Vice President and Chief Financial Officer Date: September 29, 0000 XXXXX XX XXXXX XXXXXX XX XXXXXX Before me, a Notary Public, on this day personally appeared Xxxxx Work, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of Resaca Exploitation, Inc., and that he has executed the same on behalf of said corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this 29th day of September, 2009. /s/ Xxxxxxx X. Xxxxxxxx Notary Public in and for the State of Texas (PERSONALIZED SEAL) EXHIBIT AA Orderly Marketing Deed EXHIBIT B Waiver and Release of Claims

Resaca Obligations. In the event that the Company does not perform its obligations with respect paying the Separation Payment and other payments under Section 3, Resaca agrees to pay the Separation Payment and such other payments to Executive. Furthermore, to the extent the Company does not fulfill its obligations under this Agreement, Resaca agrees to cause the Surviving Corporation to fulfill the Company’s obligations. Other than the obligations listed in Section 3(b), Section 7, and this Section 27, Resaca shall have no further responsibilities or obligations under or pursuant to this Agreement. I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THE FOREGOING AGREEMENT, THAT I UNDERSTAND ALL OF ITS TERMS AND THAT I AM RELEASING CLAIMS AND THAT I AM ENTERING INTO IT VOLUNTARILY. AGREED TO BY: /s/ [S. Xxxxxxx Xxxxxxx] [Xxxxxxxx X. Xxxxxx Xxxxxxxx X. Xxxxxx Date: September 29, 2009 Xxxxxx] Date STATE OF TEXAS COUNTY OF TARRANT Before me, a Notary Public, on this day personally appeared [S. Xxxxxxx Xxxxxxx] [Xxxxxxxx X. Xxxxxx Xxxxxx], known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledges to me that he has executed this Agreement on behalf of himself and his heirs, for the purposes and consideration therein expressed. Given under my hand and seal of office this 29th day of September, 2009. /s/ Xxxxxx X. Xxxxxx Notary Public in and for the State of Texas (PERSONALIZED SEAL) XXXX PETROLEUM, INC. By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: V.P. & General Counsel Date: 9/29/09 STATE OF TEXAS COUNTY OF DALLAS Before me, a Notary Public, on this day personally appeared Xxxxxxx X. Xxxxxx, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of Xxxx Petroleum, Inc., and that s/he has executed the same on behalf of said corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this 29th day of September, 2009. /s/ Xxxxxxx Xxxxxxx Notary Public in and for the State of Texas (PERSONALIZED SEAL) RESACA EXPLOITATION, INC. By: /s/ Xxxxx Work Xxxxx Work Vice President and Chief Financial Officer Name: Title: Date: September 29, 0000 XXXXX XX XXXXX XXXXXX XX XXXXXX STATE OF TEXAS COUNTY OF Before me, a Notary Public, on this day personally appeared Xxxxx Work, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of Resaca Exploitation, Inc., and that s/he has executed the same on behalf of said corporation for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this 29th day of September, 2009. /s/ Xxxxxxx X. Xxxxxxxx Notary Public in and for the State of Texas (PERSONALIZED SEAL) [XXXX: EXHIBIT A Orderly Marketing Deed] [XXXX: EXHIBIT B] [BEN: EXHIBIT A] Waiver and Release of Claims