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ADDITIONAL MEMORANDUM OF AGREEMENT
FOR SETTLEMENT OF CLAIMS AGAINST
ENCANA OIL & GAS (USA) INC. . .
I
WHEREAS, an Agreement for SI-ttlement of Claims Against EnCana Oil & Gas (USA) Inc., Successor in
Interest to North American ResJurces Company ("Agreement") has been executed by Larry Madsen as
Special Trustee of The H.M. Klaenhammer Revocable Trust dated May 9, 1996, successor to H.M.
Klaenhammer, and Robert W. Scott and R.W. Scott Investments LLC, acting individually and also acting
in their capacity as proposed class representatives, (collectively, "Plaintiffs") and EnCana Oil & Gas
(USA) Inc. as successor in interest to North American Resources Company ("NARCO"), effective on the
1 51 day of July, 2005 (the "Effective Date"),
\)00746
WHEREAS, Plaintiffs filed a suit against NARCO in the Third Judicial District Court for Lincoln
County, State of Wyoming, Civil Action No. 01-378 ("Class Suit"), alleging private claims and class
action claims including claims for alleged violations of the Wyoming Royalty Payment Act, Wyo. Stat.
30-5-301 to 30-5-305 (the "Act") arising from alleged improper deductions from royalties,
WHEREAS, the Agreement was executed in settlement of the Class Suit and the Court in the Class suit
approved the Agreement and a final settlement class ("Settlement Class") in a Final Order dated May 18,
2006 ("Final Order").
WHEREAS, to avoid future disputes and litigation, the Agreement provides for a royalty valuation
methodology and a royalty reporting methodology that is binding on NARCO and its successors and
assigns and on members of the Settlement Class and their successors and assigns as to all future royalties
paid by NARCO, and its successors and assigns, to members of the Settlement Class and their successors
and assigns, as to the production of gas, condensate and natural gas liquids attributable to the leases
described on Exhibit "A" to the Memorandum of Agreement described below ("Subject Leases") .
WHEREAS, a Memorandum of Agreement For Settlement of Claims Against EnCana Oil & Gas (USA)
Inc., ("Memorandum") has been placed of record in Sweetwater County, Wyoming, at Book 1074, Page
0706, Entry 1487405; Lincoln County, Wyoming, at Book 639, Page 602, Entry 924184; and Uinta
County, Wyoming, at Book 876, Page 773, Entry 133987, for the purpose of placing all persons on notice
of the existence of the Agreement and Final Order.
NOW THEREFORE, in addition to the Subject Leases described therein, certain of the Settlement Class
may have overriding royalty interests in the leases described on Exhibit I hereto ("Additional Leases"),
that are likewise subject to the royalty valuation methodology and royalty reporting methodology
described in the Memorandum. . {/, . u... ....
IN WITNESS WHEREOF, this instrument is execnted effective the ~ay Of~008.
RECEIVED 3/6/2008 at 10:21 AM ENCANA OIL & GAS (USA) INC.
RECEIVING # 937401
BOOK: 688 PAGE: 746
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
B(ò~~~~
Constance D. Heath ~
Attorney-in-Fact
1
û00747
ACKNOWLEDGMENTS
STATE OF COLORADO
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COUNTY OF DENVER
On this I+~day of ~'~1 ' 2008, before me personally appeared Constance D. Heath
known to me to be an Attorney-in-Fact of EnCana Oil & Gas (USA) Inc. and that she executed the within
and foregoing instrument, and acknowledged the said instrument to be the ftee and voluntary act and deed
of said corporation, for the uses and purposes therein set forth.
IN WI1NESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
~~
Notary Public
My Commission Expires z.f z,7.-- (1.,..0> co tt
(SEAL)
COLLEEN ROSE
NOTARY PUBLIC
STATE OF COLORADO
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My Commission Expires 2/2212009
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