0001171200-10-000883 Sample Contracts

Contract
Recording Requested • September 23rd, 2010 • Daybreak Oil & Gas Inc • Crude petroleum & natural gas

Recording Requested By: Well Works, LLC, Trustee When Recorded Mail To: Kameron A. Swithin Akin Gump Strauss Hauer & Feld LLP 1111 Louisiana Street, 44th Floor Houston, TX 77002-5200 SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE ONLY

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TECHNICAL AND CONSULTING SERVICES AGREEMENT
Technical and Consulting Services Agreement • September 23rd, 2010 • Daybreak Oil & Gas Inc • Crude petroleum & natural gas • Texas

This TECHNICAL AND CONSULTING SERVICES AGREEMENT (this “Agreement”) is effective as of September 17, 2010 (the “Effective Date”), by and between WELL WORKS, LLC, a Utah limited liability company (“Well Works”), and DAYBREAK OIL AND GAS, INC., a Washington corporation (together with its successors and assigns, “Daybreak”). Well Works and Daybreak are hereinafter collectively referred to as the “Parties” and each may be individually referred to as a “Party.”

ASSIGNMENT OF NET PROFITS INTEREST
Assignment of Net Profits Interest • September 23rd, 2010 • Daybreak Oil & Gas Inc • Crude petroleum & natural gas

This Assignment of Net Profits Interest (this “Assignment”) is dated and effective as of 7:00 a.m. Houston, Texas time, September 17 , 2010 (the “Effective Date”), by Daybreak Oil and Gas, Inc., a Washington Corporation (“Assignor”), to Well Works, LLC, a Utah Limited Liability Company (“Assignee”).

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