Common use of Other Operative Documents Clause in Contracts

Other Operative Documents. This letter constitutes a Pre-lease Force Majeure Event Notice, given as provided in subparagraph 6(B) of the Construction Agreement to preserve the right of NAI to assert the occurrence of a Pre-lease Force Majeure Event. NAI certifies to BNPPLC that the following Pre-lease Force Majeure Event occurred or commenced on , 20___: NAI’s preliminary good faith estimate of the Pre-lease Force Majeure Delays, of the Pre-lease Force Majeure Losses and of the Pre-lease Force Majeure Excess Costs likely to result from such event are days, $ and $ , respectively. Such amounts, however, are only estimates. NAI acknowledges that after NAI gives this notice, BNPPLC may at any time deliver an FOCB Notice to NAI as described in the Construction Agreement. NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: BNP Paribas Leasing Corporation 10000 Xxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Lxxxx X. Xxx, Managing Director Telecopy: (000) 000-0000 Re: Construction Agreement dated as of July 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.

Other Operative Documents. This letter constitutes a Pre-lease Force Majeure Event Notice, given as provided in subparagraph 6(B) of the Construction Management Agreement to preserve the right of NAI to assert the occurrence of a Pre-lease Force Majeure Event. NAI certifies to BNPPLC that the following Pre-lease Force Majeure Event occurred or commenced on , 20___: NAI’s preliminary good faith estimate of the Pre-lease Force Majeure Delays, of the Pre-lease Force Majeure Losses and of the Pre-lease Force Majeure Excess Costs likely to result from such event are ___ days, $ $___ and $ $___, respectively. Such amounts, however, are only estimates. NAI acknowledges that after NAI gives this notice, BNPPLC may at any time deliver an FOCB Notice to NAI as described in the Construction Management Agreement. NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: [cc all Participants] BNP Paribas Leasing Corporation 10000 Xxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Lxxxx X. Xxx, Managing Director Telecopy: (000) 000-0000 Re: Construction Management Agreement dated as of July 17December 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.

Other Operative Documents. This letter constitutes a Pre-lease Force Majeure Event Notice, given as provided in subparagraph 6(B) of the Construction Agreement to preserve the right of NAI LRC to assert the occurrence of a Pre-lease Force Majeure Event. NAI LRC certifies to BNPPLC that the following Pre-lease Force Majeure Event occurred or commenced on , 20___: NAILRC’s preliminary good faith estimate of the Pre-lease Force Majeure Delays, of the Pre-lease Force Majeure Losses and of the Pre-lease Force Majeure Excess Costs likely to result from such event are days, $ and $ , respectively. Such amounts, however, are only estimates. NAI LRC acknowledges that after NAI LRC gives this notice, BNPPLC may at any time deliver an FOCB Notice to NAI LRC as described in the Construction Agreement. NETWORK APPLIANCE, INC.LXX RESEARCH CORPORATION, a Delaware corporation By: Name: Title: BNP Paribas Leasing Corporation 10000 Xxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Lxxxx X. Xxx, Managing Director Telecopy: (000) 000-0000 Re: Construction Agreement (Livermore/ Parcel 7) dated as of July 17December 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.

Other Operative Documents. This letter constitutes a Pre-lease Force Majeure Event Notice, given as provided in subparagraph 6(B) of the Construction Agreement to preserve the right of NAI LRC to assert the occurrence of a Pre-lease Force Majeure Event. NAI LRC certifies to BNPPLC that the following Pre-lease Force Majeure Event occurred or commenced on ____________, 20___: NAILRC’s preliminary good faith estimate of the Pre-lease Force Majeure Delays, of the Pre-lease Force Majeure Losses and of the Pre-lease Force Majeure Excess Costs likely to result from such event are ____________ days, $ $____________ and $ $____________, respectively. Such amounts, however, are only estimates. NAI LRC acknowledges that after NAI LRC gives this notice, BNPPLC may at any time deliver an FOCB Notice to NAI LRC as described in the Construction Agreement. NETWORK APPLIANCE, INC.LXX RESEARCH CORPORATION, a Delaware corporation By: Name: Title: BNP Paribas Leasing Corporation 10000 Xxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Lxxxx X. Xxx, Managing Director Telecopy: (000) 000-0000 Re: Construction Agreement (Livermore/Parcel 6) dated as of July 17December 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.