SUITE 1800 DENVER, COLORADO 80203, ATTENTION OF PAUL KORUS OR
SHERRI NITTA (TELECOPY NO. (303) 285-0229);
(II)
IF TO THE ADMINISTRATIVE AGENT OR TO
JPMORGAN CHASE BANK, N.A., AS THE ISSUING BANK, TO JPMORGAN CHASE BANK, N.A.,
MID-CORP LOAN ADMINISTRATION, 10 SOUTH DEARBORN, FLOOR 07, CHICAGO, IL
60603-2003, ATTENTION OF TERESITA R. SIAO (FACSIMILE NO. 312-385-7096), WITH A
COPY TO JPMORGAN CHASE BANK, N.A., 712 MAIN STREET, FLOOR 8 SOUTH, HOUSTON, TX
77002, ATTENTION OF RYAN FUESSEL (FACSIMILE NO. 713-216-7770); AND
(III)
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, ARTICLE 2.08(J),
ARTICLE IV AND ARTICLE V UNLESS OTHERWISE AGREED BY THE ADMINISTRATIVE AGENT AND
THE APPLICABLE LENDER.
THE ADMINISTRATIVE AGENT OR THE BORROWER MAY, IN ITS
DISCRETION, AGREE TO ACCEPT NOTICES AND OTHER COMMUNICATIONS TO IT HEREUNDER BY
ELECTRONIC COMMUNICATIONS
90
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 12.02
WAIVERS; AMENDMENTS.
(A)
NO FAILURE ON THE PART OF THE
ADMINISTRATIVE AGENT, ANY OTHER AGENT, THE ISSUING BANK OR ANY LENDER TO
EXERCISE AND NO DELAY IN EXERCISING, AND NO COURSE OF DEALING WITH RESPECT TO,
ANY RIGHT, POWER OR PRIVILEGE, OR ANY ABANDONMENT OR DISCONTINUANCE OF STEPS TO
ENFORCE SUCH RIGHT, POWER OR PRIVILEGE, UNDER ANY OF THE LOAN DOCUMENTS SHALL
OPERATE AS A WAIVER THEREOF, NOR SHALL ANY SINGLE OR PARTIAL EXERCISE OF ANY
RIGHT, POWER OR PRIVILEGE UNDER ANY OF THE LOAN DOCUMENTS PRECLUDE ANY OTHER OR
FURTHER EXERCISE THEREOF OR THE EXERCISE OF ANY OTHER RIGHT, POWER OR
PRIVILEGE.
THE RIGHTS AND REMEDIES OF THE ADMINISTRATIVE AGENT, ANY OTHER
AGENT, THE ISSUING BANK AND THE LENDERS HEREUNDER AND UNDER THE OTHER LOAN
DOCUMENTS ARE CUMULATIVE AND ARE NOT EXCLUSIVE OF ANY RIGHTS OR REMEDIES THAT
THEY WOULD OTHERWISE HAVE.
NO WAIVER OF ANY PROVISION OF THIS AGREEMENT OR ANY
OTHER LOAN DOCUMENT OR CONSENT TO ANY DEPARTURE BY THE BORROWER THEREFROM SHALL
IN ANY EVENT BE EFFECTIVE UNLESS THE SAME SHALL BE PERMITTED BY
SECTION 12.02(B), AND THEN SUCH WAIVER OR CONSENT SHALL BE EFFECTIVE ONLY IN THE
SPECIFIC INSTANCE AND FOR THE PURPOSE FOR WHICH GIVEN.
WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, THE MAKING OF A LOAN OR ISSUANCE OF A LETTER OF
CREDIT SHALL NOT BE CONSTRUED AS A WAIVER OF ANY DEFAULT, REGARDLESS OF WHETHER
THE ADMINISTRATIVE AGENT, ANY OTHER AGENT, ANY LENDER OR