(E)
ALL AMOUNTS DUE AND PAYABLE BY EITHER PARTY
UNDER THIS AGREEMENT SHALL ACCRUE SIMPLE INTEREST AT THE INTEREST RATE FROM THE
FIRST DATE ON WHICH SUCH AMOUNTS ARE PAYABLE HEREUNDER UNTIL THE DATE PAYMENT IS
RECEIVED.
(F)
ALL AMOUNTS OWING BY EITHER PARTY TO THE
OTHER PARTY UNDER THIS AGREEMENT SHALL BE PAID BY WIRE TRANSFER OF IMMEDIATELY
AVAILABLE FUNDS IN U.S. DOLLARS SENT TO THE BANK AND ACCOUNT DESIGNATED BY THE
RECEIVING PARTY.
5.
COOPERATION.
(A)
GENERAL COOPERATION. CONTEMPORANEOUSLY WITH
OR IMMEDIATELY FOLLOWING THE CLOSING DATE, QUICKSILVER AND BREITBURN SHALL EACH
DESIGNATE, BY WRITTEN NOTICE TO THE OTHER, A CONTACT PERSON OR PERSONS TO ACT ON
ITS (AND ITS AFFILIATES') BEHALF FOR THE PURPOSE OF COORDINATING THE PROVISION
OF EACH OF THE SERVICES, INCLUDING IN SUCH NOTICE THE ADDRESS, TELEPHONE NUMBER,
FAX NUMBER AND E-MAIL ADDRESS OF SUCH CONTACT PERSON. QUICKSILVER OR BREITBURN
MAY CHANGE ITS CONTACT PERSON FOR ANY SERVICE BY WRITTEN NOTICE TO THE OTHER
PARTY. QUICKSILVER MAY CONCLUSIVELY RELY UPON AND SHALL BE FULLY PROTECTED IN
ACTING OR REFRAINING FROM ACTING UPON ANY REQUEST OR INSTRUCTION (ORAL OR
WRITTEN) WITH RESPECT TO ANY OF THE SERVICES RECEIVED FROM ANY CONTACT PERSON
DESIGNATED BY BREITBURN WITH RESPECT TO SUCH SERVICES PURSUANT TO THIS SECTION.
BREITBURN ACKNOWLEDGES AND AGREES THAT QUICKSILVER'S ABILITY TO PERFORM THE
SERVICES IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT IS CONTINGENT UPON THE
ASSISTANCE OF THE BUSINESS EMPLOYEES. AS SUCH, BREITBURN AGREES TO MAKE
AVAILABLE TO QUICKSILVER ANY DESIGNATED EMPLOYEE THAT ACCEPTS A JOB WITH
BREITBURN OR AN AFFILIATE OF BREITBURN OR ANY OTHER EMPLOYEE OF BREITBURN OR AN
AFFILIATE OF BREITBURN WHOSE EMPLOYMENT RELATES TO THE OIL AND GAS PROPERTIES
THAT QUICKSILVER REASONABLY REQUIRES TO PERFORM THE SERVICES HEREUNDER.
(B)
ACCOUNTING SERVICES COOPERATION. BREITBURN
SHALL SEND SUCH NOTICES TO OPERATORS, VENDORS AND OTHER PAYEES AS ARE REASONABLY
NECESSARY TO CAUSE SUCH PAYEES TO CONTINUE TO SEND BILLS AND STATEMENTS DURING
THE APPLICABLE TRANSITION PERIOD TO QUICKSILVER. SHOULD ANY OF THESE BILLS OR
STATEMENTS NEVERTHELESS BE SENT TO BREITBURN, BREITBURN SHALL PROMPTLY FORWARD
SUCH BILLS AND STATEMENTS TO QUICKSILVER IN SUFFICIENT TIME TO ALLOW QUICKSILVER
TO MAKE TIMELY PAYMENT. UPON REQUEST FROM BREITBURN, QUICKSILVER WILL ASSIST
BREITBURN BY SENDING A NOTICE TO AN OPERATOR, VENDOR, OR A PAYEE IN INSTANCES
WHERE THAT PERSON HAS REQUESTED A NOTICE FROM THE QUICKSILVER. BREITBURN SHALL
COOPERATE WITH QUICKSILVER BY DISCLOSING TO QUICKSILVER
5
BREITBURN'S RECEIPT OF MONIES AND PAYMENT OF INVOICES DURING THE TRANSITION
PERIOD WITH RESPECT TO THE ACCOUNTING SERVICES.
6.
NO ADDITIONAL SERVICES. NOTHING HEREIN
SHALL REQUIRE QUICKSILVER TO PROVIDE RECORDS, FINANCIAL INFORMATION, OR OTHER
INFORMATION, WHICH IS NOT KEPT OR REPORTED BY QUICKSILVER IN THE ORDINARY COURSE
OF BUSINESS. FURTHER, NOTHING HEREIN SHALL REQUIRE QUICKSILVER TO INSTALL
EQUIPMENT OR EXPAND ANY SYSTEMS OR SERVICES AT ANY LOCATION BEYOND THE LEVEL
PROVIDED BY QUICKSILVER AS OF THE DATE HEREOF.
7.
SCOPE OF AUTHORITY. EXCEPT TO THE EXTENT
QUICKSILVER, AFTER RECEIVING CONSENT FROM BREITBURN IN WRITING OR VIA ELECTRONIC
MAIL, ELECTS TO ENTER