Common use of Future Administrative Fees and Out-of-Pocket Costs Clause in Contracts

Future Administrative Fees and Out-of-Pocket Costs. If the Completion Date does not occur prior to the first anniversary of the Effective Date, then on each anniversary of the Effective Date prior to the Completion Date, an administrative agency fee (also, an “Administrative Fee”) will be added to the Outstanding Construction Allowance by BNPPLC in the amount provided in the Closing Letter. Also, to the extent that BNPPLC incurs any out-of-pocket costs prior to the Completion Date with respect to the administration of or performance of its obligations under this Agreement or other Operative Documents (e.g., any rents required by the Ground Lease and any Attorneys’ Fees or other costs incurred to evaluate lien releases and other information submitted by NAI with requests for Construction Advances), BNPPLC may add such costs to the Outstanding Construction Allowance from time to time.

Appears in 4 contracts

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

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Future Administrative Fees and Out-of-Pocket Costs. If the Completion Date does not occur prior to the first anniversary of the Effective Date, then on each anniversary of the Effective Date prior to the Completion Date, an annual administrative agency fee (also, an “Administrative Fee”) of the amount specified in the Closing Letter will be added to the Outstanding Construction Allowance by BNPPLC in the amount provided in the Closing LetterTerm Sheet. Also, to the extent that BNPPLC incurs any out-of-pocket costs prior to the Completion Date with respect to the administration of or performance of its obligations under this Agreement or other Operative Documents (e.g., any rents required by the Ground Lease and any Attorneys’ Fees or other costs incurred to evaluate lien releases and other information submitted by NAI LRC with requests for Construction Advances), BNPPLC may add such costs to the Outstanding Construction Allowance from time to time.

Appears in 2 contracts

Samples: Construction Agreement (Lam Research Corp), Construction Agreement (Lam Research Corp)

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Future Administrative Fees and Out-of-Pocket Costs. If the Completion Date does not occur prior to the first anniversary of the Effective Date, then on each anniversary of the Effective Date prior to the Completion Date, an administrative agency fee (also, an “Administrative Fee”) will be added to the Outstanding Construction Allowance by BNPPLC in the amount provided in the Closing LetterTerm Sheet. Also, to the extent that BNPPLC incurs any out-of-pocket costs prior to the Completion Date with respect to the administration of or performance of its obligations under this Agreement or other Operative Documents (e.g., any rents required by the Ground Lease and any Attorneys’ Fees or other costs incurred to evaluate lien releases and other information submitted by NAI with requests for Construction Advances), BNPPLC may add such costs to the Outstanding Construction Allowance from time to time.

Appears in 1 contract

Samples: Construction Management Agreement (Network Appliance Inc)

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