independently and without reliance upon the Administrative Agent or any
other Lender and based on such documents and information as it shall from time
to time deem appropriate, continue to make its own decisions in taking or not
taking action under or based upon this Agreement, any related agreement or any
document furnished hereunder or thereunder.
ARTICLE XI
MISCELLANEOUS
SECTION 11.01.
NOTICES.
(A)
EXCEPT IN THE CASE OF NOTICES AND OTHER COMMUNICATIONS
EXPRESSLY PERMITTED TO BE GIVEN BY TELEPHONE (AND SUBJECT TO PARAGRAPH (B)
BELOW), ALL NOTICES AND OTHER COMMUNICATIONS PROVIDED FOR HEREIN SHALL BE IN
WRITING AND SHALL BE DELIVERED BY HAND OR OVERNIGHT COURIER SERVICE, MAILED BY
CERTIFIED OR REGISTERED MAIL OR SENT BY TELECOPY, AS FOLLOWS:
(I)
IF TO THE BORROWER, TO PETROLEUM DEVELOPMENT CORPORATION,
103 E. MAIN STREET, P.O. BOX 26, BRIDGEPORT, WEST VIRGINIA 26330, ATTENTION:
JOSEPH GIAMPETRONI, TELECOPY NO. (304) 842-0913;
(II)
IF TO THE ADMINISTRATIVE AGENT OR ISSUING BANK, TO JPMORGAN
CHASE BANK, N.A., MAIL CODE IL1‐0634, 21 SOUTH CLARK STREET, CHICAGO, ILLINOIS,
60670-0634, TELECOPY NO.: (312) 385-7108, ATTENTION: MEDY R. HERNANDEZ, WITH A
COPY TO JPMORGAN CHASE BANK, N.A., 600 TRAVIS, 20TH FLOOR, HOUSTON, TEXAS 77002,
TELECOPY NO. (713) 216-7770, ATTENTION:
CHARLES KINGSWELL-SMITH;
(III)
IF TO THE SYNDICATION AGENT, TO IT AT ITS ADDRESS (OR
TELECOPY NUMBER) SET FORTH ON SCHEDULE 2.01; AND
(IV)
IF TO ANY OTHER LENDER, TO IT AT ITS ADDRESS (OR TELECOPY
NUMBER) SET FORTH IN ITS ADMINISTRATIVE QUESTIONNAIRE.
(B)
NOTICES AND OTHER COMMUNICATIONS TO THE LENDERS HEREUNDER MAY
BE DELIVERED OR FURNISHED BY ELECTRONIC COMMUNICATIONS PURSUANT TO PROCEDURES
APPROVED BY THE ADMINISTRATIVE AGENT; PROVIDED THAT THE FOREGOING SHALL NOT
APPLY TO NOTICES PURSUANT TO ARTICLE II UNLESS OTHERWISE AGREED BY THE
ADMINISTRATIVE AGENT AND THE APPLICABLE LENDER.
THE ADMINISTRATIVE AGENT OR THE
BORROWER MAY, IN THEIR DISCRETION, AGREE TO ACCEPT NOTICES AND OTHER
COMMUNICATIONS TO IT HEREUNDER BY ELECTRONIC COMMUNICATIONS PURSUANT TO
PROCEDURES APPROVED BY IT; PROVIDED THAT APPROVAL OF SUCH PROCEDURES MAY BE
LIMITED TO PARTICULAR NOTICES OR COMMUNICATIONS.
(C)
ANY PARTY HERETO MAY CHANGE ITS ADDRESS OR TELECOPY NUMBER
FOR NOTICES AND OTHER COMMUNICATIONS HEREUNDER BY NOTICE TO THE OTHER PARTIES
HERETO.
ALL NOTICES AND OTHER COMMUNICATIONS GIVEN TO ANY PARTY HERETO IN
ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT SHALL BE DEEMED TO HAVE BEEN
GIVEN ON THE DATE OF RECEIPT.
SECTION 11.02.
WAIVERS; AMENDMENTS.
(A)
NO FAILURE OR DELAY BY THE ADMINISTRATIVE AGENT, THE ISSUING
BANK OR ANY LENDER IN EXERCISING ANY RIGHT OR POWER HEREUNDER SHALL OPERATE AS A
WAIVER THEREOF, NOR SHALL ANY SINGLE OR PARTIAL EXERCISE OF ANY SUCH RIGHT OR
POWER, OR ANY ABANDONMENT OR DISCONTINUANCE OF STEPS TO ENFORCE SUCH A RIGHT OR
POWER, PRECLUDE ANY OTHER OR FURTHER EXERCISE THEREOF OR THE EXERCISE OF ANY
OTHER RIGHT OR POWER.
THE RIGHTS AND REMEDIES OF THE ADMINISTRATIVE AGENT, THE
ISSUING BANK AND THE LENDERS HEREUNDER ARE CUMULATIVE AND ARE NOT EXCLUSIVE OF
ANY RIGHTS OR REMEDIES THAT THEY WOULD OTHERWISE HAVE.
NO WAIVER OF ANY
PROVISION OF THIS AGREEMENT