Common use of Absence of Certain Work/Suspension Events Clause in Contracts

Absence of Certain Work/Suspension Events. A. The Construction Project is progressing without significant interruption in a good and workmanlike manner and substantially in accordance with Applicable Laws, with Permitted Encumbrances and with the requirements of the Construction Agreement, except as follows: (if there are no exceptions, insert “No Exceptions”) B. If NAI has received notice of any Defective Work, NAI has promptly corrected or is diligently pursuing the correction of such Defective Work, except as follows: (if there are no exceptions, insert “No Exceptions”) NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: BNP Paribas Leasing Corporation 00000 Xxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxxx X. Xxx, Managing Director Telecopy: (000) 000-0000 Re: Amended and Restated Construction Agreement (RTP Data Center) dated as of November 29, 2007 (the “Construction Agreement”), between Network Appliance, Inc. (“NAI”), a Delaware corporation, and BNP Paribas Leasing Corporation (“BNPPLC”), a Delaware corporation Gentlemen: Capitalized terms used in this letter are intended to have the meanings assigned to them in the Construction Agreement referenced above or in the Common Definitions and Provisions Agreement referenced in the Construction Agreement.

Absence of Certain Work/Suspension Events. A. The Construction Project is progressing without significant interruption in a good and workmanlike manner and substantially in accordance with Applicable Laws, with Permitted Encumbrances and with the requirements of the Construction Management Agreement, except as follows: (if there are no exceptions, insert “No Exceptions”) B. If NAI has received notice of any Defective Work, NAI has promptly corrected or is diligently pursuing the correction of such Defective Work, except as follows: (if there are no exceptions, insert “No Exceptions”) NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: [cc all Participants] BNP Paribas Leasing Corporation 00000 10000 Xxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxxx Lxxxx X. Xxx, Managing Director Telecopy: (000) 000-0000 Re: Amended and Restated Construction Management Agreement (RTP Data Center) dated as of November 29December 14, 2007 2006 (the “Construction Management Agreement”), between Network Appliance, Inc. (“NAI”), a Delaware corporation, and BNP Paribas Leasing Corporation (“BNPPLC”), a Delaware corporation Gentlemen: Capitalized terms used in this letter are intended to have the meanings assigned to them in the Construction Management Agreement referenced above or in the Common Definitions and Provisions Agreement referenced in the Construction Management Agreement.

Absence of Certain Work/Suspension Events. A. The Construction Project is progressing without significant interruption in a good and workmanlike manner and substantially in accordance with Applicable Laws, with Permitted Encumbrances and with the requirements of the Construction Agreement, except as follows: (if there are no exceptions, insert “No Exceptions”) B. If NAI has received notice of any Defective Work, NAI has promptly corrected or is diligently pursuing the correction of such Defective Work, except as follows: (if there are no exceptions, insert “No Exceptions”) NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: BNP Paribas Leasing Corporation 00000 10000 Xxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxxx Lxxxx X. Xxx, Managing Director Telecopy: (000) 000-0000 Re: Amended and Restated Construction Agreement (RTP Data Center) dated as of November 29July 17, 2007 (the “Construction Agreement”), between Network Appliance, Inc. (“NAI”), a Delaware corporation, and BNP Paribas Leasing Corporation (“BNPPLC”), a Delaware corporation Gentlemen: Capitalized terms used in this letter are intended to have the meanings assigned to them in the Construction Agreement referenced above or in the Common Definitions and Provisions Agreement referenced in the Construction Agreement.

Absence of Certain Work/Suspension Events. A. The Construction Project is progressing without significant interruption in a good and workmanlike manner and substantially in accordance with Applicable Laws, with Permitted Encumbrances Encumbrances, with Development Documents and with the requirements of the Construction Management Agreement, except as follows: (if there are no exceptions, insert “"No Exceptions”") B. If NAI Specialty Laboratories has received notice of any Defective Work, NAI Specialty Laboratories has promptly corrected or is diligently pursuing the correction of such Defective Work, except as follows: (if there are no exceptions, insert “"No Exceptions”") NETWORK APPLIANCESPECIALTY LABORATORIES, INC., a Delaware corporation . By: Name: Title: [cc all Participants] BNP Paribas Leasing Corporation 00000 Xxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxxx X. Xxx, Managing Director Telecopy: (000) 000-0000 Xxx Re: Amended and Restated Construction Management Agreement (RTP Data Center) dated as of November 29March 26, 2007 2002 (the “"Construction Management Agreement”"), between Network ApplianceSpecialty Laboratories, Inc. (“NAI”), a Delaware corporation, "Specialty Laboratories") and BNP Paribas Leasing Corporation (“"BNPPLC”), a Delaware corporation ") Gentlemen: Capitalized terms used in this letter are intended to have the meanings assigned to them in the Construction Management Agreement referenced above or in the Common Definitions and Provisions Agreement referenced in the Construction Management Agreement.

Absence of Certain Work/Suspension Events. A. The Construction Project is progressing without significant interruption in a good and workmanlike manner and substantially in accordance with Applicable Laws, with Permitted Encumbrances and with the requirements of the Construction Agreement, except as follows: (if there are no exceptions, insert “No Exceptions”) B. If NAI has received notice of any Defective Work, NAI has promptly corrected or is diligently pursuing the correction of such Defective Work, except as follows: (if there are no exceptions, insert “No Exceptions”) NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: BNP Paribas Leasing Corporation 00000 Xxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxxx X. Xxx, Managing Director Telecopy: (000) 000-0000 Re: Amended and Restated Construction Agreement (RTP Data CenterBuilding 9) dated as of November 29February 1, 2007 2008 (the “Construction Agreement”), between Network Appliance, Inc. (“NAI”), a Delaware corporation, and BNP Paribas Leasing Corporation (“BNPPLC”), a Delaware corporation Gentlemen: Capitalized terms used in this letter are intended to have the meanings assigned to them in the Construction Agreement referenced above or in the Common Definitions and Provisions Agreement referenced in the Construction Agreement.

Absence of Certain Work/Suspension Events. A. The Construction Project is progressing without significant interruption in a good and workmanlike manner and substantially in accordance with Applicable Laws, with Permitted Encumbrances and with the requirements of the Construction Agreement, except as follows: (if there are no exceptions, insert “No Exceptions”) B. If NAI LRC has received notice of any Defective Work, NAI LRC has promptly corrected or is diligently pursuing the correction of such Defective Work, except as follows: (if there are no exceptions, insert “No Exceptions”) NETWORK APPLIANCE, INC.LXX RESEARCH CORPORATION, a Delaware corporation By: Name: Title: BNP Paribas Leasing Corporation 00000 10000 Xxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxxx Lxxxx X. Xxx, Managing Director Telecopy: (000) 000-0000 Re: Amended and Restated Construction Agreement (RTP Data CenterLivermore/ Parcel 7) dated as of November 29December 18, 2007 (the “Construction Agreement”), between Network Appliance, Inc. Lxx Research Corporation (“NAILRC”), a Delaware corporation, and BNP Paribas Leasing Corporation (“BNPPLC”), a Delaware corporation Gentlemen: Capitalized terms used in this letter are intended to have the meanings assigned to them in the Construction Agreement referenced above or in the Common Definitions and Provisions Agreement (Livermore/ Parcel 7) referenced in the Construction Agreement.

Absence of Certain Work/Suspension Events. A. The Construction Project is progressing without significant interruption in a good and workmanlike manner and substantially in accordance with Applicable Laws, with Permitted Encumbrances and with the requirements of the Construction Agreement, except as follows: (if there are no exceptions, insert “No Exceptions”") B. If NAI has received notice of any Defective Work, NAI has promptly corrected or is diligently pursuing the correction of such Defective Work, except as follows: (if there are no exceptions, insert “No Exceptions”") NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: BNP Paribas Leasing Corporation 00000 Xxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxxx X. Xxx, Managing Director Telecopy: (000) 000-0000 Re: Amended and Restated Construction Agreement (RTP Data Center) Building 8) dated as of November 29, 2007 (the “Construction Agreement”), between Network Appliance, Inc. (“NAI”), a Delaware corporation, and BNP Paribas Leasing Corporation (“BNPPLC”), a Delaware corporation Gentlemen: Capitalized terms used in this letter are intended to have the meanings assigned to them in the Construction Agreement referenced above or in the Common Definitions and Provisions Agreement referenced in the Construction Agreement.

Absence of Certain Work/Suspension Events. A. The Construction Project is progressing without significant interruption in a good and workmanlike manner and substantially in accordance with Applicable Laws, with Permitted Encumbrances and with the requirements of the Construction Agreement, except as follows: (if there are no exceptions, insert “No Exceptions”) B. If NAI LRC has received notice of any Defective Work, NAI LRC has promptly corrected or is diligently pursuing the correction of such Defective Work, except as follows: (if there are no exceptions, insert “No Exceptions”) NETWORK APPLIANCE, INC.LXX RESEARCH CORPORATION, a Delaware corporation By: Name: Title: BNP Paribas Leasing Corporation 00000 10000 Xxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxxx Lxxxx X. Xxx, Managing Director Telecopy: (000) 000-0000 Re: Amended and Restated Construction Agreement (RTP Data CenterLivermore/Parcel 6) dated as of November 29December 18, 2007 (the “Construction Agreement”), between Network Appliance, Inc. Lxx Research Corporation (“NAILRC”), a Delaware corporation, and BNP Paribas Leasing Corporation (“BNPPLC”), a Delaware corporation Gentlemen: Capitalized terms used in this letter are intended to have the meanings assigned to them in the Construction Agreement referenced above or in the Common Definitions and Provisions Agreement (Livermore/Parcel 6) referenced in the Construction Agreement.

Absence of Certain Work/Suspension Events. A. The Construction Project is progressing without significant interruption in a good and workmanlike manner and substantially in accordance with Applicable Laws, with Permitted Encumbrances and with the requirements of the Construction Agreement, except as follows: (if there are no exceptions, insert “No Exceptions”) B. If NAI has received notice of any Defective Work, NAI has promptly corrected or is diligently pursuing the correction of such Defective Work, except as follows: (if there are no exceptions, insert “No Exceptions”) NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: BNP Paribas Leasing Corporation 00000 Xxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxxx X. Xxx, Managing Director Telecopy: (000) 000-0000 Re: Amended and Restated Construction Agreement (RTP Data CenterBuilding 7) dated as of November 29, 2007 (the “Construction Agreement”), between Network Appliance, Inc. (“NAI”), a Delaware corporation, and BNP Paribas Leasing Corporation (“BNPPLC”), a Delaware corporation Gentlemen: Capitalized terms used in this letter are intended to have the meanings assigned to them in the Construction Agreement referenced above or in the Common Definitions and Provisions Agreement referenced in the Construction Agreement.