Common use of Continuation of Construction Clause in Contracts

Continuation of Construction. BNPPLC may perform or cause to be performed any work to complete or continue the construction of the Construction Project. In this regard, so long as work ordered or undertaken by BNPPLC is not substantially inconsistent (to the extent practicable under Applicable Laws) with the general description of the Construction Project set forth in Exhibit B and the permitted use of the Property set forth in the Lease, BNPPLC will have complete discretion to: (a) proceed with construction according to such plans and specifications as BNPPLC may from time to time approve; (b) establish and extend construction deadlines as BNPPLC from time to time deems appropriate, without obligation to adhere to any deadlines for construction by NAI set forth in this Agreement; (c) hire, fire and replace architects, engineers, contractors, construction managers and other consultants as BNPPLC from time to time deems appropriate, without obligation to use, consider or compensate architects, engineers, contractors, construction managers or other consultants previously selected or engaged by NAI; (d) determine the compensation that any architect, engineer, contractor, construction manager or other consultant engaged by BNPPLC will be paid, and the terms and conditions that will govern the payment of such compensation (including whether payment will be due in advance, over the course of construction or on some other basis and including whether contracts will be let on a fixed price basis, a cost plus a fee basis or some other basis), as BNPPLC from time to time reasonably deems appropriate; (e) pay, settle or compromise existing or future bills and claims which are or may be liens against the Property or as BNPPLC reasonably considers necessary or desirable for the completion of the Construction Project or the removal of any clouds on title to the Property; (f) prosecute and defend all actions or proceedings in connection with the construction of the Construction Project; (g) select and change interior and exterior finishes for the Improvements and landscaping as BNPPLC from time to time deems appropriate; and (h) generally do anything that NAI itself might have done if NAI had satisfied or obtained BNPPLC’s waiver of the conditions specified therein.

Continuation of Construction. BNPPLC BNPLC may perform or cause to be performed any work to complete or continue the construction of the Construction Project. In this regard, so long as work ordered or undertaken by BNPPLC BNPLC is not substantially inconsistent consistent (to the extent practicable under Applicable Laws) with the general description of the Construction Project set forth in Exhibit B to the Construction Management Agreement and the permitted use of the Property set forth in the Leasesubparagraph 2.(a), BNPPLC will BNPLC shall have complete discretion to: (a) proceed with construction according to such plans and specifications as BNPPLC BNPLC may from time to time approve; (b) establish and extend construction deadlines as BNPPLC BNPLC from time to time deems appropriate, without obligation to adhere to any the deadlines for construction by NAI Construction Milestones set forth in this the Construction Management Agreement; (c) hire, fire and replace architects, engineers, contractors, construction managers and other consultants as BNPPLC BNPLC from time to time deems appropriate, without obligation to use, consider or compensate architects, engineers, contractors, construction managers or other consultants previously selected or engaged by NAI; (d) determine the compensation that any architect, engineer, contractor, construction manager or other consultant engaged by BNPPLC BNPLC will be paid, and the terms and conditions that will govern the payment of such compensation (including whether payment will be due in advance, over the course of construction or on some other basis and including whether contracts will be let on a fixed price basis, a cost plus a fee basis or some other basis), as BNPPLC BNPLC from time to time reasonably deems appropriate; (e) pay, settle or compromise existing or future bills and claims which are or may be liens against the Property or as BNPPLC reasonably BNPLC considers necessary or desirable for the completion of the Construction Project or the removal of any clouds on title to the Property; (f) prosecute and defend all actions or proceedings in connection with the construction of the Construction Project; (g) select and change interior and exterior finishes for the Improvements and landscaping as BNPPLC BNPLC from time to time deems appropriate; and (h) generally do anything that NAI itself might have done if NAI had satisfied or obtained BNPPLC’s BNPLC's waiver of the conditions specified therein.

Continuation of Construction. BNPPLC BNPLC may perform or cause to be ---------------------------- performed any work to complete or continue the construction of the Construction Project. In this regard, so long as work ordered or undertaken by BNPPLC BNPLC is not substantially inconsistent consistent (to the extent practicable under Applicable Laws) with the general description of the Construction Project set forth in Exhibit B to the Building 3 CMA and the permitted use of the --------- Property set forth in the Leasesubparagraph 2.(a), BNPPLC will BNPLC shall have complete discretion to: (a) proceed with construction according to such plans and specifications as BNPPLC BNPLC may from time to time approve; (b) establish and extend construction deadlines as BNPPLC BNPLC from time to time deems appropriate, without obligation to adhere to any the deadlines for completion of construction by NAI set forth in this Agreementthe Building 3 CMA; (c) hire, fire and replace architects, engineers, contractors, construction managers and other consultants as BNPPLC BNPLC from time to time deems appropriate, without obligation to use, consider or compensate architects, engineers, contractors, construction managers or other consultants previously selected or engaged by NAIZhone; (d) determine the compensation that any architect, engineer, contractor, construction manager or other consultant engaged by BNPPLC BNPLC will be paid, and the terms and conditions that will govern the payment of such compensation (including whether payment will be due in advance, over the course of construction or on some other basis and including whether contracts will be let on a fixed price basis, a cost plus a fee basis or some other basis), as BNPPLC BNPLC from time to time reasonably deems appropriate; (e) pay, settle or compromise existing or future bills and claims which are or may be liens against the Property or as BNPPLC reasonably BNPLC considers necessary or desirable for the completion of the Construction Project or the removal of any clouds on title to the Property;; [Improvements - Building 3] (f) prosecute and defend all actions or proceedings in connection with the construction of the Construction Project; (g) select and change interior and exterior finishes for the Improvements and landscaping on the Building 3 Site as BNPPLC BNPLC from time to time deems appropriate; and (h) generally do anything that NAI Zhone itself might have done if NAI Zhone had satisfied or obtained BNPPLC’s BNPLC's waiver of the conditions specified therein.

Continuation of Construction. BNPPLC BNPLC may perform or cause to be ---------------------------- performed any work to complete or continue the construction of the Construction Project. In this regard, so long as work ordered or undertaken by BNPPLC BNPLC is not substantially inconsistent consistent (to the extent practicable under Applicable Laws) with the general description of the Construction Project set forth in Exhibit B to the Buildings 1&2 CMA and the permitted use of --------- the Property set forth in the Leasesubparagraph 2.(a), BNPPLC will BNPLC shall have complete discretion to: (a) proceed with construction according to such plans and specifications as BNPPLC BNPLC may from time to time approve; (b) establish and extend construction deadlines as BNPPLC BNPLC from time to time deems appropriate, without obligation to adhere to any the deadlines for completion of construction by NAI set forth in this Agreementxxx Xxxxxxxxx 0&0 XXX; (c) hire, fire and replace architects, engineers, contractors, construction managers and other consultants as BNPPLC BNPLC from time to time deems appropriate, without obligation to use, consider or compensate architects, engineers, contractors, construction managers or other consultants previously selected or engaged by NAIZhone; (d) determine the compensation that any architect, engineer, contractor, construction manager or other consultant engaged by BNPPLC BNPLC will be paid, and the terms and conditions that will govern the payment of such compensation (including whether payment will be due in advance, over the course of construction or on some other basis and including whether contracts will be let on a fixed price basis, a cost plus a fee basis or some other basis), as BNPPLC BNPLC from time to time reasonably deems appropriate; (e) pay, settle or compromise existing or future bills and claims which are or may be liens against the Property or as BNPPLC reasonably BNPLC considers necessary or desirable for the completion of the Construction Project or the removal of any clouds on title to the Property; (f) prosecute and defend all actions or proceedings in connection with the construction of the Construction Project; (g) select and change interior and exterior finishes for the Improvements and landscaping on the Buildings 1&2 Site as BNPPLC BNPLC from time to time deems appropriate; and (h) generally do anything that NAI Zhone itself might have done if NAI Zhone had satisfied or obtained BNPPLC’s BNPLC's waiver of the conditions specified therein.

Continuation of Construction. BNPPLC BNPLC may perform or cause to be performed any work to complete or continue the construction of the Construction Project. In this regard, so long as work ordered or undertaken by BNPPLC BNPLC is not substantially inconsistent consistent (to the extent practicable under Applicable Laws) with the general description of the Construction Project set forth in Exhibit B to the Construction Management Agreement and the permitted use of the Property set forth in the Leasesubparagraph 2(a), BNPPLC will BNPLC shall have complete discretion to: (a) proceed with construction according to such plans and specifications as BNPPLC BNPLC may from time to time approve; (b) establish and extend construction deadlines as BNPPLC BNPLC from time to time deems appropriate, without obligation to adhere to any the deadlines for construction by NAI Construction Milestones set forth in this the Construction Management Agreement; (c) hire, fire and replace architects, engineers, contractors, construction managers and other consultants as BNPPLC BNPLC from time to time deems appropriate, without obligation to use, consider or compensate architects, engineers, contractors, construction managers or other consultants previously selected or engaged by NAI; (d) determine the compensation that any architect, engineer, contractor, construction manager or other consultant engaged by BNPPLC BNPLC will be paid, and the terms and conditions that will govern the payment of such compensation (including whether payment will be due in advance, over the course of construction or on some other basis and including whether contracts will be let on a fixed price basis, a cost plus a fee basis or some other basis), as BNPPLC BNPLC from time to time reasonably deems appropriate; (e) pay, settle or compromise existing or future bills and claims which are or may be liens against the Property or as BNPPLC reasonably BNPLC considers necessary or desirable for the completion of the Construction Project or the removal of any clouds on title to the Property; (f) prosecute and defend all actions or proceedings in connection with the construction of the Construction Project; (g) select and change interior and exterior finishes for the Improvements and landscaping as BNPPLC BNPLC from time to time deems appropriate; and (h) generally do anything that NAI itself might have done if NAI had satisfied or obtained BNPPLC’s BNPLC's waiver of the conditions specified therein.

Continuation of Construction. BNPPLC BNPLC may perform or cause to be performed any work to complete or continue the construction of the initial Construction Project. In this regard, so long as work ordered or undertaken by BNPPLC BNPLC is not substantially inconsistent consistent (to the extent practicable under Applicable Laws) with the general description of the initial Construction Project set forth in Exhibit B C and the permitted use of the Property set forth in the Leasesubparagraph 3.(a), BNPPLC will BNPLC shall have complete discretion to: (a) proceed with construction according to such plans and specifications as BNPPLC BNPLC may from time to time approve; (b) establish and extend construction deadlines as BNPPLC BNPLC from time to time deems appropriate, without obligation to adhere to any deadlines for construction by NAI set forth in this Agreement; (c) hire, fire and replace architects, engineers, contractors, construction managers and other consultants as BNPPLC BNPLC from time to time deems appropriate, without obligation to use, consider or compensate architects, engineers, contractors, construction managers or other consultants previously selected or engaged by NAISolectron; (d) determine the compensation that any architect, engineer, contractor, construction manager or other consultant engaged by BNPPLC BNPLC will be paid, and the terms and conditions that will govern the payment of such compensation (including whether payment will be due in advance, over the course of construction or on some other basis and including whether contracts will be let on a fixed price basis, a cost plus a fee basis or some other basis), as BNPPLC BNPLC from time to time reasonably deems appropriate; (e) pay, settle or compromise existing or future bills and claims which are or may be liens against the Property or as BNPPLC reasonably BNPLC considers necessary or desirable for the completion of the initial Construction Project or the removal of any clouds on title to the Property; (f) prosecute and defend all actions or proceedings in connection with the construction of the initial Construction Project; (g) select and change interior and exterior finishes for the Improvements and landscaping as BNPPLC BNPLC from time to time deems appropriate; and (h) generally do anything that NAI Solectron itself might have done if NAI had satisfied or obtained BNPPLC’s waiver of the conditions specified thereinasked BNPLC to do pursuant to subparagraphs 7.(a) or 7.

Continuation of Construction. BNPPLC may perform or cause to be performed any work to complete or continue the construction of the Construction Project. In this regard, so long as work ordered or undertaken by BNPPLC is not substantially inconsistent (to the extent practicable under Applicable Laws) with the general description of the Construction Project set forth in Exhibit B and the permitted use of the Property set forth in the Lease, BNPPLC will shall have complete discretion to: (a) proceed with construction according to such plans and specifications as BNPPLC may from time to time approve; (b) establish and extend construction deadlines as BNPPLC from time to time deems appropriate, without obligation to adhere to any deadlines for construction by NAI Specialty Laboratories set forth in this Agreement; (c) hire, fire and replace architects, engineers, contractors, construction managers and other consultants as BNPPLC from time to time deems appropriate, without obligation to use, consider or compensate architects, engineers, contractors, construction managers or other consultants previously selected or engaged by NAISpecialty Laboratories; (d) determine the compensation that any architect, engineer, contractor, construction manager or other consultant engaged by BNPPLC will be paid, and the terms and conditions that will govern the payment of such compensation (including whether payment will be due in advance, over the course of construction or on some other basis and including whether contracts will be let on a fixed price basis, a cost plus a fee basis or some other basis), as BNPPLC from time to time reasonably deems appropriate; (e) pay, settle or compromise existing or future bills and claims which are or may be liens against the Property or as BNPPLC reasonably considers necessary or desirable for the completion of the Construction Project or the removal of any clouds on title to the Property; (f) prosecute and defend all actions or proceedings in connection with the construction of the Construction Project; (g) select and change interior and exterior finishes for the Improvements and landscaping as BNPPLC from time to time deems appropriate; and (h) generally do anything that NAI Specialty Laboratories itself might have done if NAI Specialty Laboratories had satisfied or obtained BNPPLC’s 's waiver of the conditions specified therein.

Continuation of Construction. BNPPLC BNPLC may perform or cause to be performed any work to complete or continue the construction of the Construction Project. In this regard, so long as work ordered or undertaken by BNPPLC BNPLC is not substantially inconsistent consistent (to the extent practicable under Applicable Laws) with 22 the general description of the Construction Project set forth in Exhibit B to the Construction Management Agreement and the permitted use of the Property set forth in the Leasesubparagraph 2.(a), BNPPLC will BNPLC shall have complete discretion to: (a) proceed with construction according to such plans and specifications as BNPPLC BNPLC may from time to time approve; (b) establish and extend construction deadlines as BNPPLC BNPLC from time to time deems appropriate, without obligation to adhere to any the deadlines for construction by NAI Construction Milestones set forth in this the Construction Management Agreement; (c) hire, fire and replace architects, engineers, contractors, construction managers and other consultants as BNPPLC BNPLC from time to time deems appropriate, without obligation to use, consider or compensate architects, engineers, contractors, construction managers or other consultants previously selected or engaged by NAI; (d) determine the compensation that any architect, engineer, contractor, construction manager or other consultant engaged by BNPPLC BNPLC will be paid, and the terms and conditions that will govern the payment of such compensation (including whether payment will be due in advance, over the course of construction or on some other basis and including whether contracts will be let on a fixed price basis, a cost plus a fee basis or some other basis), as BNPPLC BNPLC from time to time reasonably deems appropriate; (e) pay, settle or compromise existing or future bills and claims which are or may be liens against the Property or as BNPPLC reasonably BNPLC considers necessary or desirable for the completion of the Construction Project or the removal of any clouds on title to the Property; (f) prosecute and defend all actions or proceedings in connection with the construction of the Construction Project; (g) select and change interior and exterior finishes for the Improvements and landscaping as BNPPLC BNPLC from time to time deems appropriate; and (h) generally do anything that NAI itself might have done if NAI had satisfied or obtained BNPPLC’s BNPLC's waiver of the conditions specified therein.