TO THE PARTY
TO WHOM GIVEN AT THE ADDRESS OF SUCH PARTY SHOWN IN THIS AGREEMENT; PROVIDED,
THAT ANY PARTY MAY SPECIFY ANY OTHER POST OFFICE ADDRESS IN THE UNITED STATES BY
GIVING AT LEAST TEN (10) DAYS WRITTEN NOTICE THEREOF TO THE OTHER PARTY.
Notice to TRAVELERS shall be sent to:
Travelers Casualty and Insurance Company of America
One Tower Square, 5PB
Hartford, CT
06183
Attention:
Chief Underwriting Officer - National Account Unit
with a copy to:
Travelers Casualty and Surety Company
215 Shuman Boulevard
Naperville, IL 60563-8458
Attention: Construction Services - Bond
Notice to any PRINCIPAL or to any INDEMNITOR shall be sent to:
Great Lakes Dredge & Dock Corporation
2122 York Road
Oak Brook, IL 60523
Attention:
Deborah A. Wensel
Chief Financial Officer
With a copy to:
Winston & Strawn LLP
35 W. Wacker Drive
Chicago, Illinois 60601
Attention: Brian S. Hart, Esq.
SECTION 8.10
REAFFIRMATION AND RESTATEMENT.
THIS AGREEMENT CONSTITUTES AN
AMENDMENT AND RESTATEMENT OF THE EXISTING AGREEMENT AND THE DEBT EVIDENCED BY
THE EXISTING AGREEMENT IS CONTINUING DEBT.
NOTHING HEREIN SHALL BE
35
deemed to constitute a payment, settlement or novation of the DEBT evidenced by
the EXISTING AGREEMENT, or to release or otherwise adversely affect any LIEN
securing such DEBT or any rights TRAVELERS has against any guarantor, surety or
other party primarily or secondarily liable for such DEBT.
SECTION 8.11
CONFIDENTIALITY.
TRAVELERS AGREES THAT THEY WILL MAINTAIN THE
CONFIDENTIALITY OF ANY WRITTEN OR ORAL INFORMATION PROVIDED TO TRAVELERS BY OR
ON BEHALF OF HOLDINGS OR ANY OF ITS SUBSIDIARIES (HEREINAFTER COLLECTIVELY
CALLED "CONFIDENTIAL INFORMATION"), SUBJECT TO TRAVELERS'S (A) OBLIGATION TO
DISCLOSE ANY SUCH CONFIDENTIAL INFORMATION PURSUANT TO A REQUEST OR ORDER UNDER
APPLICABLE LAWS AND REGULATIONS OR PURSUANT TO A SUBPOENA OR OTHER LEGAL
PROCESS, (B) RIGHT TO DISCLOSE ANY SUCH CONFIDENTIAL INFORMATION TO ITS
EXAMINERS, AUDITORS, COUNSEL AND OTHER PROFESSIONAL ADVISORS, (C) RIGHT TO
DISCLOSE ANY SUCH CONFIDENTIAL INFORMATION IN CONNECTION WITH ANY LITIGATION OR
DISPUTE INVOLVING TRAVELERS AND HOLDINGS OR ANY OF ITS SUBSIDIARIES, (D) RIGHT
TO PROVIDE SUCH INFORMATION TO OTHER PERSONS FOR THE PURPOSE OF PROCURING
CO-SURETYSHIP OR REINSURANCE IF SUCH PERSON AGREES IN WRITING TO MAINTAIN THE
CONFIDENTIALITY OF SUCH INFORMATION ON TERMS SUBSTANTIALLY SIMILAR TO THOSE OF
THIS SECTION AS IF IT WERE A PARTY HERETO.
NOTWITHSTANDING THE FOREGOING, ANY
SUCH INFORMATION SUPPLIED TO TRAVELERS OR ANOTHER PERSON UNDER THIS AGREEMENT
SHALL CEASE TO BE CONFIDENTIAL INFORMATION IF IT IS OR BECOMES KNOWN TO SUCH
PERSON BY OTHER THAN UNAUTHORIZED DISCLOSURE, OR IF IT BECOMES A MATTER OF
PUBLIC KNOWLEDGE.
SECTION 8.12
RELEASE OF LIENS.
TRAVELERS AGREES TO RELEASE THE LIENS UNDER
THE SECURITY AGREEMENTS, THE VESSEL MORTGAGES, AND ANY OTHER UNDERWRITING
DOCUMENTS, AND TO EXECUTE AND DELIVER SUCH DOCUMENTS AND INSTRUMENTS REQUESTED
BY ANY PRINCIPAL TO EFFECT SUCH RELEASE;
(A)
ON ANY PROPERTY OR ASSETS IN WHICH THE
AGENT UNDER THE BANK LOAN FACILITY HAS A FIRST PRIORITY LIEN AND IF SUCH FIRST
PRIORITY LIEN IS RELEASED BY THE AGENT UNDER THE BANK LOAN FACILITY;