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. NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: BNP Paribas Leasing Corporation 00000 Xxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxxx X. Xxx, Managing Director Telecopy: (000) 000-0000 Re: Amended and Restated Construction Agreement (RTP Data Center) dated as of November 29, 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 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. NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: BNP Paribas Leasing Corporation 00000 Xxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxxx X. Xxx, Managing Director Telecopy: (000) 000-0000 Re: Amended and Restated Construction Agreement (RTP Data CenterBuilding 9) dated as of November 29February 1, 2007 2008 (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 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 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. NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: BNP Paribas Leasing Corporation 00000 Xxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxxx X. Xxx, Managing Director Telecopy: (000) 000-0000 Re: Amended and Restated Construction Agreement (RTP Data Center) Building 8) dated as of November 29, 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 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 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. NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: BNP Paribas Leasing Corporation 00000 Xxxxx Xxxxx, Xxxxx 000 Xxxxxx, Xxxxx 00000 Attention: Xxxxx X. Xxx, Managing Director Telecopy: (000) 000-0000 Re: Amended and Restated Construction Agreement (RTP Data CenterBuilding 7) dated as of November 29, 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.