ASSIGNMENT AND ASSUMPTION
<br />KNOW THAT BY THIS ASSIGNMENT AND ASSUMPTION (this
<br />"Assignment") as of November 19th, 2024, BIF IV Intrepid OpCo LLC, a Delaware
<br />limited liability company, having an address at 11001 W 120th Ave, Ste 305,
<br />Broomfield, CO 80021-3493 ("Assignor"), for good and valuable consideration, the
<br />receipt and sufficiency of which are hereby acknowledged, hereby grants, sells,
<br />transfers, delivers, sets -over and conveys to Intrepid Cohort 1 LLC, a Delaware limited
<br />liability company, having an address at 11001 W 120th Ave, Ste 305, Broomfield, CO
<br />80021-3493 ("Assignee"), all right, title and interest and obligations of Assignor in, to
<br />and under or arising out of:
<br />(a) those documents set forth in Exhibit A entered into with the City of
<br />Louisville, a Colorado municipal corporation ("Counterparty"), and attached
<br />hereto and made a part hereof (collectively, the "Document");
<br />(b) all guaranties, insurance policies, indemnifications, releases,
<br />affidavits, certificates, certificates of deposit, performance bonds, letters of credit
<br />and other documents, reports, opinions, agreements and instruments executed
<br />and/or delivered in connection with the Document;
<br />(c) all assignments and/or pledges, whether direct or collateral,
<br />beneficial or equitable interests, proceeds, royalties, contracts, plans,
<br />specifications, permits, licenses, reserves, holdbacks, escrows, deposits,
<br />accounts, stocks, bonds and securities in connection with the Document;
<br />(d) all modifications, amendments, consolidations, renewals, extensions
<br />or restatements of any of the foregoing; and
<br />(e) all demands, claims, causes of action and judgments relating to any
<br />of the foregoing and all rights accrued or to accrue thereunder.
<br />Assignee hereby accepts the foregoing assignment and assumes all of the
<br />rights and obligations of Assignor arising after the date hereof out of the Document and
<br />other interests so assigned.
<br />TO HAVE AND TO HOLD the same unto Assignee, its successors and
<br />assigns, forever.
<br />Except as provided explicitly below, this Assignment is made by Assignor
<br />and assumed and accepted by Assignee without any guarantee, representation or
<br />warranty of any kind on the part of Assignor and without recourse to Assignor in any event
<br />or for any cause. Assignor hereby warrants and represents to Assignee that:
<br />(a) Prior to the execution hereof, Assignor has not sold, transferred,
<br />assigned, conveyed, pledged or endorsed any right, title or interest in the
<br />Document to any person or entity other than Assignee; and
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