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.
SECTION 9.08.
DOCUMENTATION AGENTS.
NOTWITHSTANDING ANY OTHER PROVISION OF
THIS AGREEMENT OR ANY PROVISION OF ANY OTHER CREDIT DOCUMENT, EACH OF THE
DOCUMENTATION AGENTS ARE NAMED AS SUCH FOR RECOGNITION PURPOSES ONLY, AND IN
THEIR RESPECTIVE CAPACITIES AS SUCH SHALL HAVE NO POWERS, DUTIES,
RESPONSIBILITIES OR LIABILITIES WITH RESPECT TO THIS AGREEMENT OR THE OTHER
CREDIT DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED HEREBY AND THEREBY.
WITHOUT
LIMITATION OF THE FOREGOING, NONE OF THE DOCUMENTATION AGENTS SHALL, SOLELY BY
REASON OF THIS AGREEMENT OR ANY OTHER CREDIT DOCUMENTS, HAVE ANY FIDUCIARY
RELATIONSHIP WITH ANY LENDER OR ANY OTHER PERSON.
93
ARTICLE X
MISCELLANEOUS
SECTION 10.01.
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 PARENT BORROWER, TO IT AT ARCH CAPITAL GROUP LTD.,
WESSEX HOUSE, 3RD FLOOR, 45 REID STREET, HAMILTON HM 12 BERMUDA, ATTENTION OF
CHIEF FINANCIAL OFFICER (TELECOPY NO. 441-278-9255);
(II)
IF TO ARL, TO IT AT ARCH REINSURANCE LTD., WESSEX HOUSE, 45 REID
STREET, HAMILTON HM 12 BERMUDA, ATTENTION OF CONTROLLER (TELECOPY NO.
441-278-9230);
(III)
IF TO ARC, TO IT AT ARCH REINSURANCE COMPANY, 55 MADISON AVENUE,
MORRISTOWN, NEW JERSEY, 07962, ATTENTION OF CONTROLLER (TELECOPY NO.
973-889-6467);
(IV)
IF TO INTERMEDIATE HOLDINGS, TO IT AT ARCH CAPITAL GROUP (U.S.)
INC., 20 HORSENECK LANE, GREENWICH, CONNECTICUT, 06830, ATTENTION OF PRESIDENT
(TELECOPY NO. 203-861-7240);
(V)
IF TO AIC, ASIC, AESIC AND WDCIC, TO ARCH INSURANCE COMPANY, ARCH
SPECIALTY INSURANCE COMPANY, ARCH EXCESS & SURPLUS INSURANCE COMPANY AND WESTERN
DIVERSIFIED CASUALTY INSURANCE COMPANY, RESPECTIVELY, AT ONE LIBERTY PLAZA, 53RD
FLOOR, NEW YORK, NEW YORK, 10006, ATTENTION OF CONTROLLER (TELECOPY NO.
646-746-8109);
(VI)
IF TO THE ADMINISTRATIVE AGENT, TO (X) JPMORGAN CHASE BANK, LOAN
AND AGENCY SERVICES GROUP, 1111 FANIN STREET, HOUSTON, TEXAS 77002, ATTENTION OF
MELISSA RIVAS (TELECOPY NO. (713) 750-2223), WITH A COPY TO JPMORGAN CHASE BANK,
270 PARK AVENUE, FOURTH FLOOR, NEW YORK 10017, ATTENTION OF HEATHER LINDSTROM
(TELECOPY NO. (212) 270-1511; AND
(VII)
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 (X) ARTICLE II UNLESS OTHERWISE AGREED BY THE
ADMINISTRATIVE AGENT AND THE APPLICABLE LENDER OR (Y) SECTION 6.01(D)(X).
THE
ADMINISTRATIVE AGENT OR THE BORROWERS MAY, IN ITS DISCRETION, AGREE TO ACCEPT
NOTICES AND OTHER COMMUNICATIONS TO IT HEREUNDER BY ELECTRONIC COMMUNICATIONS
PURSUANT TO