Resaca Uses in Additional Waiver and Release of Claims Clause

Additional Waiver and Release of Claims from Separation Agreement and Release

This Separation Agreement and Release (this Agreement) is entered into by Cano Petroleum, Inc., a Delaware corporation (the Company), Resaca Exploitation, Inc., a Texas corporation (Resaca), and Benjamin L. Daitch (Executive) as of September 29, 2009. The Company and Executive are collectively referred to herein as the Parties and Resaca joins in this Agreement solely for the purposes set forth in Section 3(b), Section 7, and Section 27 and shall not be considered a Party for any other purpose. This Agreement cancels and supersedes all prior agreements relating to Executives employment with the Company, except as provided in this Agreement.

Additional Waiver and Release of Claims. Executive agrees to execute a Waiver and Release of Claims, in the form attached hereto as Exhibit A (the Closing Date Waiver and Release), on the Separation Date, to irrevocably and unconditionally release, waive, and forever discharge the Company Released Parties from any and all claims, demands, actions, causes of action, costs, attorney fees, and all liability whatsoever against the Company Released Parties relating to or arising out of Executives employment or separation from employment with the Company, from the date of the execution of this Agreement and up to and including the Separation Date.

Additional Waiver and Release of Claims from Separation Agreement and Release

This Separation Agreement and Release (this Agreement) is entered into by Cano Petroleum, Inc., a Delaware corporation (the Company), Resaca Exploitation, Inc., a Texas corporation (Resaca), and Benjamin L. Daitch (Executive) as of September 29, 2009. The Company and Executive are collectively referred to herein as the Parties and Resaca joins in this Agreement solely for the purposes set forth in Section 3(b), Section 7, and Section 27 and shall not be considered a Party for any other purpose. This Agreement cancels and supersedes all prior agreements relating to Executives employment with the Company, except as provided in this Agreement.

Additional Waiver and Release of Claims. Executive agrees to execute a Waiver and Release of Claims, in the form attached hereto as Exhibit A (the Closing Date Waiver and Release), on the Separation Date, to irrevocably and unconditionally release, waive, and forever discharge the Company Released Parties from any and all claims, demands, actions, causes of action, costs, attorney fees, and all liability whatsoever against the Company Released Parties relating to or arising out of Executives employment or separation from employment with the Company, from the date of the execution of this Agreement and up to and including the Separation Date.