Common use of Scheduled Term; Deferral of Obligations Clause in Contracts

Scheduled Term; Deferral of Obligations. The term of this Lease (the “Term”) will not commence until a Completion Date occurs because of a Completion Notice given by NAI to BNPPLC, as required by subparagraph 2(B) of the Construction Agreement after NAI substantially completes the Construction Project. The Term will begin on and include any such Completion Date and will end on the first Business Day of August, 2014, unless the Term is extended as provided in subparagraph 1(D) or sooner terminated as expressly provided in other provisions of this Lease. BNPPLC and NAI intend to be legally bound by this Lease when it is executed by them. They also intend, however, that this Lease will not impose any payment obligations upon either of them prior to the Completion Date. Accordingly, neither NAI nor BNPPLC will have any obligation to make any payments under this Lease until the Completion Date, and if this Lease terminates before the Completion Date pursuant to subparagraph 1(B) or subparagraph 1(C), the Term will never commence and neither party will have any obligation for payments by reason of this Lease following the termination. Nothing in this subparagraph 1(A) nor any other provision of this Lease will defer or terminate the rights and obligations of the parties under the other Operative Documents. Unlike this Lease, the other Operative Documents will, when executed, immediately impose payment obligations upon BNPPLC and NAI.

Appears in 2 contracts

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

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Scheduled Term; Deferral of Obligations. The term of this Lease (the “Term”) will not commence until a on and include the Completion Date occurs because of on which a Completion Notice is given by NAI LRC to BNPPLC, as is required by subparagraph 2(B) of the Construction Agreement after NAI when LRC substantially completes the Construction Project. The Term will begin on and include any such , unless this Lease is terminated before the Completion Date and will end on the first Business Day of August, 2014, unless the Term is as provided in subparagraph 1(B) or subparagraph 1(C). Unless extended as provided in subparagraph 1(D) or sooner terminated as expressly provided in other provisions of this Lease, the Term will end on the first Business Day of January, 2015. BNPPLC and NAI LRC intend to be legally bound by this Lease when it is executed by them. They also intend, however, that this Lease will not impose any payment obligations upon either of them prior to the Completion Date. Accordingly, neither NAI LRC nor BNPPLC will have any obligation to make any payments under this Lease until the Completion Date, and if this Lease terminates before the Completion Date pursuant to subparagraph 1(B) or subparagraph 1(C), the Term will never commence and neither party will have any obligation for payments by reason of this Lease following the termination. Nothing in this subparagraph 1(A) nor any other provision of this Lease will defer or terminate the rights and obligations of the parties under the other Operative Documents. Unlike this Lease, the other Operative Documents willmay, when executed, immediately impose payment obligations upon BNPPLC and NAILRC.

Appears in 2 contracts

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

Scheduled Term; Deferral of Obligations. The term of this Lease (the “Term”) will not commence until a Completion Date occurs because of a Completion Notice given by NAI to BNPPLC, as required by subparagraph 2(B) of the Construction Agreement after NAI substantially completes the Construction Project. The Term will begin on and include any such Completion Date and will end on the first Business Day of AugustJanuary, 20142013, unless the Term is extended as provided in subparagraph 1(D) or sooner terminated as expressly provided in other provisions of this Lease. BNPPLC and NAI intend to be legally bound by this Lease when it is executed by them. They also intend, however, that this Lease will not impose any payment obligations upon either of them prior to the Completion Date. Accordingly, neither NAI nor BNPPLC will have any obligation to make any payments under this Lease until the Completion Date, and if this Lease terminates before the Completion Date pursuant to subparagraph 1(B) or subparagraph 1(C), the Term will never commence and neither party will have any obligation for payments by reason of this Lease following the termination. Nothing in this subparagraph 1(A) nor any other provision of this Lease will defer or terminate the rights and obligations of the parties under the other Operative Documents. Unlike this Lease, the other Operative Documents will, when executed, immediately impose payment obligations upon BNPPLC and NAI.

Appears in 1 contract

Samples: Lease Agreement (NetApp, Inc.)

Scheduled Term; Deferral of Obligations. The term of this Lease (the “Term”) will not commence until a Completion Date occurs because of a Completion Notice given by NAI to BNPPLC, as required by subparagraph 2(B) of the Construction Agreement after NAI substantially completes the Construction Project. The Term will begin on and include any such Completion Date and will end on the first Business Day of AugustDecember 14, 20142013, unless the Term is extended as provided in subparagraph 1(D) or sooner terminated as expressly provided in other provisions of this Lease. BNPPLC and NAI intend to be legally bound by this Lease when it is executed by them. They also intend, however, that this Lease will not impose any payment obligations upon either of them prior to the Completion Date. Accordingly, neither NAI nor BNPPLC will have any obligation to make any payments under this Lease until the Completion Date, and if this Lease terminates before the Completion Date pursuant to subparagraph 1(B) or subparagraph 1(C), the Term will never commence and neither party will have any obligation for payments by reason of this Lease following the termination. Nothing in this subparagraph 1(A) nor any other provision of this Lease will defer or terminate the rights and obligations of the parties under the other Operative Documents. Unlike this Lease, the other Operative Documents will, when executed, immediately impose payment obligations upon BNPPLC and NAI.

Appears in 1 contract

Samples: Lease Agreement (NetApp, Inc.)

Scheduled Term; Deferral of Obligations. The term of this Lease (the “Term”) will not commence until a Completion Date occurs either (1) because of a Completion Notice given by NAI to BNPPLC, as required by subparagraph 2(B) of the Construction Management Agreement after NAI substantially completes the Construction Project, or (2) because of a Completion Notice given by BNPPLC to NAI as described in subparagraph 8(C) of the Construction Management Agreement, advising NAI (after an Owner’s Election to Complete Construction) that construction of the Construction Project is substantially complete. The Term will begin on and include any such Completion Date (herein sometimes called the "Lease Commencement Date”) and will end on the first Business Day of AugustJuly, 20142012\, unless the Term is extended as provided in subparagraph 1(D) or sooner terminated as expressly provided in other provisions of this Lease. BNPPLC and NAI intend to be legally bound by this Lease when it is executed by them. They also intend, however, that this Lease will not impose any payment obligations upon either of them prior to the Completion Lease Commencement Date. Accordingly, neither NAI nor BNPPLC will have any obligation to make any payments under this Lease until the Completion Lease Commencement Date, and if this Lease terminates before the Completion Lease Commencement Date pursuant to subparagraph 1(B) or subparagraph 1(C)) , the Term will never commence and neither party will have any obligation for payments by reason of this Lease following the termination. Nothing in this subparagraph 1(A) nor any other provision of this Lease will defer or terminate the rights and obligations of the parties under the other Operative Documents. Unlike this Lease, the other Operative Documents will, when executed, immediately impose payment obligations upon BNPPLC and NAI.

Appears in 1 contract

Samples: Lease Agreement (Network Appliance Inc)

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Scheduled Term; Deferral of Obligations. The term of this Lease (the “Term”) will not commence until a Completion Date occurs because of a Completion Notice given by NAI to BNPPLC, as required by subparagraph 2(B) of the Construction Agreement after NAI substantially completes the Construction Project. The Term will begin on and include any such Completion Date and will end on the first Business business Day of AugustFebruary, 20142015, unless the Term is extended as provided in subparagraph 1(D) or sooner terminated as expressly provided in other provisions of this Lease. BNPPLC and NAI intend to be legally bound by this Lease when it is executed by them. They also intend, however, that this Lease will not impose any payment obligations upon either of them prior to the Completion Date. Accordingly, neither NAI nor BNPPLC will have any obligation to make any payments under this Lease until the Completion Date, and if this Lease terminates before the Completion Date pursuant to subparagraph 1(B) or subparagraph 1(C), the Term will never commence and neither party will have any obligation for payments by reason of this Lease following the termination. Nothing in this subparagraph 1(A) nor any other provision of this Lease will defer or terminate the rights and obligations of the parties under the other Operative Documents. Unlike this Lease, the other Operative Documents will, when executed, immediately impose payment obligations upon BNPPLC and NAI.

Appears in 1 contract

Samples: Lease Agreement (NetApp, Inc.)

Scheduled Term; Deferral of Obligations. The term of this Lease (the "Term”) will not commence until a Completion Date occurs either (1) because of a Completion Notice given by NAI to BNPPLC, as required by subparagraph 2(B) of the Construction Management Agreement after NAI substantially completes the Construction Project, or (2) because of a Completion Notice given by BNPPLC to NAI as described in subparagraph 8(C) of the Construction Management Agreement, advising NAI (after an Owner’s Election to Complete Construction) that construction of the Construction Project is substantially complete. The Term will begin on and include any such Completion Date (herein sometimes called the "Lease Commencement Date”) and will end on the first Business Day of AugustDecember, 20142013, unless the Term is extended as provided in subparagraph 1(D) or sooner terminated as expressly provided in other provisions of this Lease. BNPPLC and NAI intend to be legally bound by this Lease when it is executed by them. They also intend, however, that this Lease will not impose any payment obligations upon either of them prior to the Completion Lease Commencement Date. Accordingly, neither NAI nor BNPPLC will have any obligation to make any payments under this Lease until the Completion Lease Commencement Date, and if this Lease terminates before the Completion Lease Commencement Date pursuant to subparagraph 1(B) or subparagraph 1(C), the Term will never commence and neither party will have any obligation for payments by reason of this Lease following the termination. Nothing in this subparagraph 1(A) nor any other provision of this Lease will defer or terminate the rights and obligations of the parties under the other Operative Documents. Unlike this Lease, the other Operative Documents will, when executed, immediately impose payment obligations upon BNPPLC and NAI.

Appears in 1 contract

Samples: Lease Agreement (Network Appliance Inc)

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