Common use of Other Operative Documents Clause in Contracts

Other Operative Documents. Specialty Laboratories has determined that the Construction Allowance to be provided to it under the Construction Management Agreement will not be sufficient to cover all Reimbursable Construction-Period Costs yet to be paid or reimbursed from Construction Advances for the reason or reasons set forth in the Notice of Specialty Laboratories' Intent to Terminate dated , 200 , previously delivered to you as provided in subparagraph 7(B) of the Construction Management Agreement. That Notice of Specialty Laboratories' Intent to Terminate has not been rescinded by Specialty Laboratories. Specialty Laboratories hereby irrevocably and unconditionally elects to terminate its rights and obligations to continue the Work under Construction Management Agreement effective as of the date of this letter (which, as required by subparagraph 7(B) of the Construction Management Agreement, is a date not less than forty-five days after the date the aforementioned Notice of Specialty Laboratories' Intent to Terminate). This notice will constitute a "Notice of Termination by Specialty Laboratories" as described in subparagraph 7(B) of the Construction Management Agreement. Specialty Laboratories, Inc. By: Name: Title: [cc all Participants] BNP Paribas Leasing Corporation 00000 Xxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxxx X. Xxx Re: Construction Management Agreement dated as of March 26, 2002 (the "Construction Management Agreement"), between Specialty Laboratories, Inc. ("Specialty Laboratories") and BNP Paribas Leasing Corporation ("BNPPLC") 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.

Other Operative Documents. Specialty Laboratories LRC has determined that the Construction Allowance to be provided to it under the Construction Management Agreement will not be sufficient to cover all Reimbursable Construction-Construction Period Costs yet to be paid or reimbursed from Construction Advances for the reason or reasons set forth in the Notice of Specialty Laboratories' LRC’s Intent to Terminate dated , 200 200___, previously delivered to you as provided in subparagraph 7(B) of the Construction Management Agreement. That Notice of Specialty Laboratories' LRC’s Intent to Terminate has not been rescinded by Specialty LaboratoriesLRC. Specialty Laboratories LRC hereby irrevocably and unconditionally elects to terminate its rights and obligations to continue the Work under Construction Management Agreement effective as of the date of this letter (which, as required by subparagraph 7(B) of the Construction Management Agreement, is a date not less than forty-five days after the date the aforementioned Notice of Specialty Laboratories' LRC’s Intent to Terminate). This notice will constitute constitutes a "“Notice of Termination by Specialty Laboratories" LRC” as described in subparagraph 7(B) of the Construction Management Agreement. Specialty LaboratoriesLRC also acknowledges that a 97-10/Meltdown Event has occurred under and as defined in the Construction Agreement, Inc. and that BNPPLC is thus entitled to demand and receive a 97-10/Prepayment under and as provided in Paragraph 8 of the Construction Agreement, unless the last sentence of Paragraph 8 excuses LRC from paying the same. LXX RESEARCH CORPORATION, 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 Xxx, Managing Director Re: Construction Management Agreement (Livermore/ Parcel 7) dated as of March 26December 18, 2002 2007 (the "“Construction Management Agreement"Agreement”)between Lxx Research Corporation (“LRC”), between Specialty Laboratoriesa Delaware corporation, Inc. ("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 (Livermore/ Parcel 7) referenced in the Construction Management Agreement.

Other Operative Documents. Specialty Laboratories NAI has determined that the Construction Allowance to be provided to it under the Construction Management Agreement will not be sufficient to cover all Reimbursable Construction-Construction Period Costs yet to be paid or reimbursed from Construction Advances for the reason or reasons set forth in the Notice of Specialty Laboratories' NAI’s Intent to Terminate dated ______, 200 200___, previously delivered to you as provided in subparagraph 7(B) of the Construction Management Agreement. That Notice of Specialty Laboratories' NAI’s Intent to Terminate has not been rescinded by Specialty LaboratoriesNAI. Specialty Laboratories NAI hereby irrevocably and unconditionally elects to terminate its rights and obligations to continue the Work under Construction Management Agreement effective as of the date of this letter (which, as required by subparagraph 7(B) of the Construction Management Agreement, is a date not less than forty-five days after the date the aforementioned Notice of Specialty Laboratories' NAI’s Intent to Terminate). This notice will constitute constitutes a "“Notice of Termination by Specialty Laboratories" NAI” as described in subparagraph 7(B) of the Construction Management Agreement. Specialty LaboratoriesNAI also acknowledges that a 97-10/Meltdown Event has occurred under and as defined in the Construction Agreement, Inc. and that BNPPLC is thus entitled to demand and receive 97-10/Prepayments under and as provided in Paragraph 9 of the Construction Agreement, unless the last sentence of Paragraph 9 excuses NAI from paying the same. 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 Xxx, Managing Director Telecopy: (000) 000-0000 Re: Construction Management Agreement dated as of March 26July 17, 2002 2007 (the "“Construction Management Agreement"), between Specialty LaboratoriesAgreement”)between Network Appliance, Inc. ("Specialty Laboratories") “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.

Other Operative Documents. Specialty Laboratories NAI has determined that the Construction Allowance to be provided to it under the Construction Management Agreement will not be sufficient to cover all Reimbursable Construction-Construction Period Costs yet to be paid or reimbursed from Construction Advances for the reason or reasons set forth in the Notice of Specialty Laboratories' NAI’s Intent to Terminate dated ___, 200 200___, previously delivered to you as provided in subparagraph 7(B) of the Construction Management Agreement. That Notice of Specialty Laboratories' NAI’s Intent to Terminate has not been rescinded by Specialty LaboratoriesNAI. Specialty Laboratories NAI hereby irrevocably and unconditionally elects to terminate its rights and obligations to continue the Work under Construction Management Agreement effective as of the date of this letter (which, as required by subparagraph 7(B) of the Construction Management Agreement, is a date not less than forty-five days after the date the aforementioned Notice of Specialty Laboratories' NAI’s Intent to Terminate). This notice will constitute constitutes a "“Notice of Termination by Specialty Laboratories" NAI” as described in subparagraph 7(B) of the Construction Management Agreement. Specialty LaboratoriesNAI also acknowledges that a 97-10/Event has occurred under and as defined in the Construction Management Agreement, Inc. and that BNPPLC is thus entitled to demand and receive 97-10/Prepayments under and as provided in Paragraph 9 of that agreement. 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 Xxx, Managing Director Re: Construction Management Agreement dated as of March 26December 14, 2002 2006 (the "“Construction Management Agreement"), ”) between Specialty LaboratoriesNetwork Appliance, Inc. ("Specialty Laboratories") “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.

Other Operative Documents. Specialty Laboratories LRC has determined that the Construction Allowance to be provided to it under the Construction Management Agreement will not be sufficient to cover all Reimbursable Construction-Construction Period Costs yet to be paid or reimbursed from Construction Advances for the reason or reasons set forth in the Notice of Specialty Laboratories' LRC’s Intent to Terminate dated __________, 200 200___, previously delivered to you as provided in subparagraph 7(B) of the Construction Management Agreement. That Notice of Specialty Laboratories' LRC’s Intent to Terminate has not been rescinded by Specialty LaboratoriesLRC. Specialty Laboratories LRC hereby irrevocably and unconditionally elects to terminate its rights and obligations to continue the Work under Construction Management Agreement effective as of the date of this letter (which, as required by subparagraph 7(B) of the Construction Management Agreement, is a date not less than forty-five days after the date the aforementioned Notice of Specialty Laboratories' LRC’s Intent to Terminate). This notice will constitute constitutes a "“Notice of Termination by Specialty Laboratories" LRC” as described in subparagraph 7(B) of the Construction Management Agreement. Specialty LaboratoriesLRC also acknowledges that a 97-10/Meltdown Event has occurred under and as defined in the Construction Agreement, Inc. and that BNPPLC is thus entitled to demand and receive a 97-10/Prepayment under and as provided in Paragraph 8 of the Construction Agreement, unless the last sentence of Paragraph 8 excuses LRC from paying the same. LXX RESEARCH CORPORATION, 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 Xxx, Managing Director Re: Construction Management Agreement (Livermore/Parcel 6) dated as of March 26December 18, 2002 2007 (the "“Construction Management Agreement"Agreement”)between Lxx Research Corporation (“LRC”), between Specialty Laboratoriesa Delaware corporation, Inc. ("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 (Livermore/Parcel 6) referenced in the Construction Management Agreement.

Other Operative Documents. Specialty Laboratories NAI has determined that the Construction Allowance to be provided to it under the Construction Management Agreement will not be sufficient to cover all Reimbursable Construction-Construction Period Costs yet to be paid or reimbursed from Construction Advances for the reason or reasons set forth in the Notice of Specialty Laboratories' NAI’s Intent to Terminate dated , 200 200___, previously delivered to you as provided in subparagraph 7(B) of the Construction Management Agreement. That Notice of Specialty Laboratories' NAI’s Intent to Terminate has not been rescinded by Specialty LaboratoriesNAI. Specialty Laboratories NAI hereby irrevocably and unconditionally elects to terminate its rights and obligations to continue the Work under Construction Management Agreement effective as of the date of this letter (which, as required by subparagraph 7(B) of the Construction Management Agreement, is a date not less than forty-five days after the date the aforementioned Notice of Specialty Laboratories' NAI’s Intent to Terminate). This notice will constitute constitutes a "“Notice of Termination by Specialty Laboratories" NAI” as described in subparagraph 7(B) of the Construction Management Agreement. Specialty LaboratoriesNETWORK APPLIANCE, Inc. 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 Xxx, Managing Director Telecopy: (000) 000-0000 Re: Amended and Restated Construction Management Agreement (Building 7) dated as of March 26November 29, 2002 2007 (the "“Construction Management Agreement"), ”) between Specialty LaboratoriesNetwork Appliance, Inc. ("Specialty Laboratories") “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.