Common use of ABR Period Election Clause in Contracts

ABR Period Election. We understand that until a different election becomes effective as provided in definitions of “ABR Period Election” and “LIBOR Period Election” in the Amended and Restated Common Definitions and Provisions Agreement (Building 7), all subsequent Periods will also be subject to an ABR Period Election. NOTE: YOU ARE ENTITLED TO DISREGARD THIS NOTICE IF THE DATE SPECIFIED ABOVE CONCERNING THE COMMENCEMENT OF THE ABR PERIOD ELECTION IS LESS THAN FIVE BUSINESS DAYS AFTER YOUR RECEIPT OF THIS NOTICE. HOWEVER, WE ASK THAT YOU NOTIFY US IMMEDIATELY IF FOR ANY REASON YOU BELIEVE THIS NOTICE IS DEFECTIVE. NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: [cc all Participants] Annex 2 Fixed Rate Lock Notice [Date] BNP Paribas Leasing Corporation 00000 Xxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxxx X. Xxx, Managing Director Telecopy: (000) 000-0000 Gentlemen: Capitalized terms used in this letter are intended to have the meanings assigned to them in the Amended and Restated Common Definitions and Provisions Agreement (Building 7) dated as of November 29, 2007, between you, BNP Paribas Leasing Corporation, and the undersigned, Network Appliance, Inc.. By this letter, which is given pursuant to subparagraph 3(B)(4) of the Lease, NAI requests that BNPPLC promptly establish a Fixed Rate for a notional amount equal to the Lease Balance as of the date of this letter for use in the calculation of the Effective Rate for all Base Rent Periods commencing on or after the following Fixed Rate Lock Date: , 20___. As contemplated in the conditions set forth in subparagraph 3(B)(4) of the Lease, such Fixed Rate Lock Date is the first Business Day of a calendar month which falls after the projected Base Rent Commencement Date; such Fixed Rate Lock Date does not fall prior to the end of any Base Rent Period which has commenced or will commence before BNPPLC receives this notice; and NAI expects BNPPLC to receive this notice more than ten days prior to such Fixed Rate Lock Date. In an earlier phone conversation today between a representative of NAI and at the New York Branch of BNP Paribas, NAI requested an estimate from BNP Paribas of the Fixed Rate that would be established by BNPPLC and BNP Paribas entering into an Interest Rate Swap. The estimate provided by telephone was: percent ( %) per annum. By this letter, NAI confirms that it will accept such a rate or any lower rate as the Fixed Rate for purposes of the Lease. NOTE: BNPPLC will be entitled to disregard this notice if the conditions to a Fixed Rate Lock, as specified in subparagraph 3(B)(4) of the Lease, have not been satisfied. However, NAI requests that BNPPLC notify NAI immediately if for any reason BNPPLC believes this notice will not be effective. NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: [cc all Participants] Annex 3

ABR Period Election. We understand that until a different election becomes effective as provided in definitions of “ABR Period Election” and “LIBOR Period Election” in the Amended and Restated Common Definitions and Provisions Agreement (Building 7)Agreement, all subsequent Construction Periods or Base Rent Periods will also be subject to an ABR Period Election. NOTE: YOU ARE ENTITLED TO DISREGARD THIS NOTICE IF THE DATE SPECIFIED ABOVE CONCERNING THE COMMENCEMENT OF THE ABR PERIOD ELECTION IS LESS THAN FIVE BUSINESS DAYS AFTER YOUR RECEIPT OF THIS NOTICE. HOWEVER, WE ASK THAT YOU NOTIFY US IMMEDIATELY IF FOR ANY REASON YOU BELIEVE THIS NOTICE IS DEFECTIVE. NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: [cc all Participants] Annex 2 Fixed Rate Lock Notice [Date] BNP Paribas Leasing Corporation 00000 10000 Xxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxxx Lxxxx X. Xxx, Managing Director Telecopy: (000) 000-0000 Gentlemen: Capitalized terms used in this letter are intended to have the meanings assigned to them in the Amended and Restated Common Definitions and Provisions Agreement (Building 7) dated as of November 29July 17, 2007, between you, BNP Paribas Leasing Corporation, and the undersigned, Network Appliance, Inc.. Inc. By this letter, which is given pursuant to subparagraph 3(B)(4) of the Lease, NAI requests that BNPPLC promptly establish a Fixed Rate for a notional amount equal to the Lease Balance as of the date of this letter for use in the calculation of the Effective Rate for all Base Rent Periods commencing on or after the following Fixed Rate Lock Date: ___, 2020 ___. As contemplated in the conditions set forth in subparagraph 3(B)(4) of the Lease, such Fixed Rate Lock Date is the first Business Day of a calendar month which falls after the projected Base Rent Commencement Date; such Fixed Rate Lock Date does not fall prior to the end of any Base Rent Period which has commenced or will commence before BNPPLC receives this notice; and NAI expects BNPPLC to receive this notice more than ten days prior to such Fixed Rate Lock Date. In an earlier phone conversation today between a representative of NAI and ___ at the New York Branch of BNP Paribas, NAI requested an estimate from BNP Paribas of the Fixed Rate that would be established by BNPPLC and BNP Paribas entering into an Interest Rate Swap. The estimate provided by telephone was: ___percent ( (___%) per annum. By this letter, NAI confirms that it will accept such a rate or any lower rate as the Fixed Rate for purposes of the Lease. NOTE: BNPPLC will be entitled to disregard this notice if the conditions to a Fixed Rate Lock, as specified in subparagraph 3(B)(4) of the Lease, have not been satisfied. However, NAI requests that BNPPLC notify NAI immediately if for any reason BNPPLC believes this notice will not be effective. NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: [cc all Participants] Annex 3

ABR Period Election. We understand that until a different election becomes effective as provided in definitions of “ABR Period Election” and “LIBOR Period Election” in the Amended and Restated Common Definitions and Provisions Agreement (Building 79), all subsequent Periods will also be subject to an ABR Period Election. NOTE: YOU ARE ENTITLED TO DISREGARD THIS NOTICE IF THE DATE SPECIFIED ABOVE CONCERNING THE COMMENCEMENT OF THE ABR PERIOD ELECTION IS LESS THAN FIVE BUSINESS DAYS AFTER YOUR RECEIPT OF THIS NOTICE. HOWEVER, WE ASK THAT YOU NOTIFY US IMMEDIATELY IF FOR ANY REASON YOU BELIEVE THIS NOTICE IS DEFECTIVE. NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: [cc all Participants] Annex 2 Fixed Rate Lock Notice [Date] BNP Paribas Leasing Corporation 00000 Xxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxxx X. Xxx, Managing Director Telecopy: (000) 000-0000 Gentlemen: Capitalized terms used in this letter are intended to have the meanings assigned to them in the Amended and Restated Common Definitions and Provisions Agreement (Building 79) dated as of November 29February 1, 20072008, between you, BNP Paribas Leasing Corporation, and the undersigned, Network Appliance, Inc.. By this letter, which is given pursuant to subparagraph 3(B)(4) of the Lease, NAI requests that BNPPLC promptly establish a Fixed Rate for a notional amount equal to the Lease Balance as of the date of this letter for use in the calculation of the Effective Rate for all Base Rent Periods commencing on or after the following Fixed Rate Lock Date: , 20___. As contemplated in the conditions set forth in subparagraph 3(B)(4) of the Lease, such Fixed Rate Lock Date is the first Business Day of a calendar month which falls after the projected Base Rent Commencement Date; such Fixed Rate Lock Date does not fall prior to the end of any Base Rent Period which has commenced or will commence before BNPPLC receives this notice; and NAI expects BNPPLC to receive this notice more than ten days prior to such Fixed Rate Lock Date. In an earlier phone conversation today between a representative of NAI and at the New York Branch of BNP Paribas, NAI requested an estimate from BNP Paribas of the Fixed Rate that would be established by BNPPLC and BNP Paribas entering into an Interest Rate Swap. The estimate provided by telephone was: percent ( (___%) per annum. By this letter, NAI confirms that it will accept such a rate or any lower rate as the Fixed Rate for purposes of the Lease. NOTE: BNPPLC will be entitled to disregard this notice if the conditions to a Fixed Rate Lock, as specified in subparagraph 3(B)(4) of the Lease, have not been satisfied. However, NAI requests that BNPPLC notify NAI immediately if for any reason BNPPLC believes this notice will not be effective. NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: [cc all Participants] Annex 3

ABR Period Election. We understand that until a different election becomes effective as provided in definitions of “ABR Period Election” and “LIBOR Period Election” in the Amended and Restated Common Definitions and Provisions Agreement (Building 7)Agreement, all subsequent Construction Periods or Base Rent Periods will also be subject to an ABR Period Election. NOTE: YOU ARE ENTITLED TO DISREGARD THIS NOTICE IF THE DATE SPECIFIED ABOVE CONCERNING THE COMMENCEMENT OF THE ABR PERIOD ELECTION IS LESS THAN FIVE TEN BUSINESS DAYS AFTER YOUR RECEIPT OF THIS NOTICE. HOWEVER, WE ASK THAT YOU NOTIFY US IMMEDIATELY IF FOR ANY REASON YOU BELIEVE THIS NOTICE IS DEFECTIVE. NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: [cc all Participants] Annex 2 Fixed Rate Lock Notice [Date] BNP Paribas Leasing Corporation 00000 10000 Xxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxxx Lxxxx X. Xxx, Managing Director Telecopy: (000) 000-0000 Gentlemen: Capitalized terms used in this letter are intended to have the meanings assigned to them in the Amended and Restated Common Definitions and Provisions Agreement (Building 7) dated as of November 29December 15, 20072005, between you, BNP Paribas Leasing Corporation, and the undersigned, Network Appliance, Inc.. By this letter, which is given pursuant to subparagraph 3(B)(4) of the Lease, NAI requests that BNPPLC promptly establish a Fixed Rate for a notional amount equal to the Lease Balance as of the date of this letter for use in the calculation of the Effective Rate for all Base Rent Periods commencing on or after the following Fixed Rate Lock Date: , 20___20 . As contemplated in the conditions set forth in subparagraph 3(B)(4) of the Lease, such Fixed Rate Lock Date is the first Business Day of a calendar month which falls after the projected Base Rent Commencement Date; such Fixed Rate Lock Date does not fall prior to the end of any Base Rent Period which has commenced or will commence before BNPPLC receives this notice; and NAI expects BNPPLC to receive this notice more than ten days prior to such Fixed Rate Lock Date. In an earlier phone conversation today between a representative of NAI and at the New York Branch of BNP Paribas, NAI requested an estimate from BNP Paribas of the Fixed Rate that would be established by BNPPLC and BNP Paribas entering into an Interest Rate Swap. The estimate provided by telephone was: percent ( %) per annum. By this letter, NAI confirms that it will accept such a rate or any lower rate as the Fixed Rate for purposes of the Lease. NOTE: BNPPLC will be entitled to disregard this notice if the conditions to a Fixed Rate Lock, as specified in subparagraph 3(B)(4) of the Lease, have not been satisfied. However, NAI requests that BNPPLC notify NAI immediately if for any reason BNPPLC believes this notice will not be effective. NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: [cc all Participants] Annex 3