Common use of ENGAGEMENT AND AUTHORIZATION Clause in Contracts

ENGAGEMENT AND AUTHORIZATION. Subject to the terms and conditions set forth in this Agreement, BNPPLC does hereby engage and authorize NAI — and NAI does hereby accept such engagement and authorization, as an independent contractor for BNPPLC — to construct the Construction Project on the Land and to manage such construction for BNPPLC. As more particularly provided in subparagraph 2(A)(2) below, NAI will take possession and control of the Land and all Improvements on the Land to accomplish such construction. However, the rights and authority granted to NAI by this Agreement are expressly made subject and subordinate to the terms and condition hereinafter set forth and to the Ground Lease, to the Permitted Encumbrances and to any other claims or encumbrances affecting the Land or the Property that may be asserted by third parties other than Liens Removable by BNPPLC.

Appears in 6 contracts

Samples: Construction Agreement (NetApp, Inc.), Construction Agreement (Network Appliance Inc), Construction Agreement (NetApp, Inc.)

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