ALL OF WHICH WHEN TAKEN TOGETHER SHALL CONSTITUTE A SINGLE AGREEMENT.
13.6.
SUCCESSORS AND ASSIGNS. THE TERMS OF THIS AGREEMENT SHALL BIND, AND
SHALL INURE TO THE BENEFIT OF, THE SUCCESSORS AND ASSIGNS OF THE PARTIES HERETO.
13.7.
NOTICE. ALL NOTICES, REQUESTS, DEMANDS AND OTHER COMMUNICATIONS
UNDER THIS AGREEMENT SHALL BE IN WRITING AND SHALL BE DEEMED DULY GIVEN: (A) IF
DELIVERED BY HAND AND SIGNED FOR BY THE PARTY ADDRESSEE; OR (B) IF MAILED BY
CERTIFIED OR REGISTERED
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MAIL, WITH POSTAGE PREPAID, ON THE THIRD BUSINESS DAY AFTER THE MAILING DATE.
ADDRESSES FOR NOTICES TO EITHER PARTY ARE AS SHOWN ON THE SIGNATURE PAGE OF THIS
AGREEMENT OR AS SUBSEQUENTLY MODIFIED BY WRITTEN NOTICE.
13.8.
GENDER. THE MASCULINE, FEMININE OR NEUTER PRONOUNS USED HEREIN SHALL
BE INTERPRETED WITHOUT REGARD TO GENDER, AND THE USE OF THE SINGULAR OR PLURAL
SHALL BE DEEMED TO INCLUDE THE OTHER WHENEVER THE CONTEXT SO REQUIRES.
13.9.
GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED EXCLUSIVELY BY AND
CONSTRUED ACCORDING TO THE LAWS OF THE STATE OF DELAWARE, AS APPLIED TO
CONTRACTS BETWEEN DELAWARE RESIDENTS ENTERED INTO AND TO BE PERFORMED ENTIRELY
WITHIN DELAWARE.
If the General Corporation Law of the State of Delaware (the "Delaware Law") or
any other applicable law is amended after the date hereof to permit the Company
to indemnify Indemnitee for Expenses or liabilities, or to indemnify Indemnitee
with respect to any action or Proceeding, not contemplated by this Agreement,
then this Agreement (without any further action be either party hereto) shall
automatically be deemed to be amended to require that the Company indemnify
Indemnitee to the fullest extent permitted by the Delaware Law.
13.10.
CONSENT TO JURISDICTION. THE COMPANY AND THE INDEMNITEE EACH HEREBY
IRREVOCABLY CONSENT TO THE JURISDICTION OF THE COURTS OF THE STATE OF DELAWARE
FOR ALL PURPOSES IN CONNECTION WITH ANY ACTION OR PROCEEDING, WHICH ARISES OUT
OF OR RELATES TO THIS AGREEMENT.
13.11.
ATTORNEYS' FEES. IN THE EVENT INDEMNITEE IS REQUIRED TO BRING ANY
ACTION TO ENFORCE RIGHTS UNDER THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION,
THE PAYMENT OR REIMBURSEMENT OF EXPENSES OF ANY PROCEEDING DESCRIBED IN SECTION
4), THE INDEMNITEE SHALL BE ENTITLED TO ALL REASONABLE FEES AND EXPENSES IN
BRINGING AND PURSUING SUCH ACTION, UNLESS A COURT OF COMPETENT JURISDICTION
FINDS EACH OF THE MATERIAL CLAIMS OF THE INDEMNITEE IN ANY SUCH ACTION WAS
FRIVOLOUS AND NOT MADE IN GOOD FAITH.
[Balance of the Page Intentionally Left Blank]
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IN WITNESS WHEREOF, the parties hereto have entered into this Agreement
effective as of the date first written above.
TETON ENERGY CORPORATION
INDEMNITEE
By:
By:
Name:
Title:
Name:
Title:
Date:
Date:
Address:
Teton Energy Corporation
410 17th Street - Suite 1850
Denver, CO 80202
Address:
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