Common use of Suspension or Termination of Construction Clause in Contracts

Suspension or Termination of Construction. Notwithstanding any Landlord's Election to Continue Construction, BNPLC may subsequently elect at any time to suspend or terminate further construction without obligation to Solectron. For purposes of this Lease and the Purchase Agreement (including the determination of the Outstanding Construction Allowance and other amounts dependent upon the Outstanding Construction Allowance, like Stipulated Loss Value and the Break Even Price), after any Landlord's Election to Continue Construction and the expiration of the ninety-day notice period described above in this subparagraph 6.(h), all costs and expenditures incurred or paid by or on behalf of BNPLC to complete or continue construction as provided in this subparagraph shall be considered Construction Advances, regardless of whether they cause the Outstanding Construction Allowance to exceed the Maximum Construction Allowance. Further, as used in the preceding sentence, "costs incurred" by BNPLC will include costs that BNPLC has become obligated to pay to any third party that is not an Affiliate of BNPLC (including any contractor), even if the payments for which BNPLC has become so obligated will constitute prepayments for work or services to be rendered after payment and notwithstanding that BNPLC's obligations for the payments may be conditioned upon matters beyond BNPLC's control. For example, even if a construction contract between BNPLC and a contractor excused BNPLC from making further progress payments to the contractor upon Solectron's breach of the Purchase Agreement, the obligation to make a progress payment would nonetheless be "incurred" by BNPLC, for purposes of determining whether BNPLC has incurred costs considered to be Construction Advances, when BNPLC's obligation to pay it became subject only to Solectron's compliance with the Purchase Agreement or other conditions beyond BNPLC's control. If and to the extent BNPLC does incur costs considered as Construction Advances under this subparagraph, but (1) BNPLC does not actually pay the costs and after incurring them BNPLC is fully and finally excused from the obligation to pay them

Suspension or Termination of Construction. Notwithstanding any Landlord's Election to Continue Construction, BNPLC may subsequently elect at any time to suspend or terminate further construction without obligation to SolectronNAI. For purposes of this Improvements Lease and the Purchase Agreement other Operative Documents (including the determination of the Outstanding Construction Allowance and other amounts dependent upon the Outstanding Construction Allowance, like Stipulated Loss Value and Value, the Break Even PricePrice and the Maximum Permitted Prepayment), after any Landlord's Election to Continue Construction and the expiration of the ninety-day notice period described above in this subparagraph 6.(h)Construction, all costs and expenditures incurred or paid by or on behalf of BNPLC to complete or continue construction as provided in this subparagraph shall be considered Construction AdvancesAdvances and Project Costs, regardless of whether they cause the Outstanding Funded Construction Allowance to exceed the Maximum Construction Allowance. Further, as used in the preceding sentence, "," costs incurred" by BNPLC will include costs that BNPLC has become obligated to pay to any third party that is not an Affiliate of BNPLC (including any contractor), even if the payments for which BNPLC has become so obligated will constitute prepayments for work or services to be rendered after payment and notwithstanding that BNPLC's obligations for the payments may be conditioned upon matters beyond BNPLC's control. For example, even if a construction contract between BNPLC and a contractor excused BNPLC from making further progress payments to the contractor upon SolectronNAI's breach of the Purchase Agreementfailure to make any required Issue 97-10 Prepayment hereunder, the obligation to make a progress payment would nonetheless be "be" incurred" by BNPLC, for purposes of determining whether BNPLC has incurred costs considered to be Project Costs and Construction Advances, when BNPLC's obligation to pay it became subject only to SolectronNAI's compliance with the Purchase Agreement payment of an Issue 97-10 Prepayment or other conditions beyond BNPLC's control. If and to the extent extent, however, BNPLC does incur costs considered as Construction Advances under this subparagraph, but (1) BNPLC does not actually pay the costs and after incurring them BNPLC is fully and finally excused from the obligation to pay themthem for any reason other than a breach by NAI of this Improvements Lease or other Operative Documents, or (2) BNPLC receives a refund of such costs, then the costs BNPLC is excused from paying or refunded to BNPLC shall be considered Qualified Prepayments.

Suspension or Termination of Construction. Notwithstanding any Landlord's Election to Continue Construction, BNPLC may subsequently elect at any time to suspend or terminate further construction without obligation to SolectronNAI. For purposes of this Improvements Lease and the Purchase Agreement other Operative Documents (including the determination of the Outstanding Construction Allowance and other amounts dependent upon the Outstanding Construction Allowance, like Stipulated Loss Value and Value, the Break Even PricePrice and the Maximum Permitted Prepayment), after any Landlord's Election to Continue Construction and the expiration of the ninety-day notice period described above in this subparagraph 6.(h)Construction, all costs and expenditures incurred or paid by or on behalf of BNPLC to complete or continue construction as provided in this subparagraph shall be considered Construction AdvancesAdvances and Project Costs, regardless of whether they cause the Outstanding Funded Construction Allowance to exceed the Maximum Construction Allowance. Further, as used in the preceding sentence, "costs incurred" by BNPLC will include costs that BNPLC has become obligated to pay to any third party that is not an Affiliate of BNPLC (including any contractor), even if the payments for which BNPLC has become so obligated will constitute prepayments for work or services to be rendered after payment and notwithstanding that BNPLC's obligations for the payments may be conditioned upon matters beyond BNPLC's control. For example, even if a construction contract between BNPLC and a contractor excused BNPLC from making further progress payments to the contractor upon SolectronNAI's breach of the Purchase Agreementfailure to make any required Issue 97-10 Prepayment hereunder, the obligation to make a progress payment would nonetheless be "incurred" by BNPLC, for purposes of determining whether BNPLC has incurred costs considered to be Project Costs and Construction Advances, when BNPLC's obligation to pay it became subject only to SolectronNAI's compliance with the Purchase Agreement payment of an Issue 97-10 Prepayment or other conditions beyond BNPLC's control. If and to the extent extent, however, BNPLC does incur costs considered as Construction Advances under this subparagraph, but (1) BNPLC does not actually pay the costs and after incurring them BNPLC is fully and finally excused from the obligation to pay themthem for any reason other than a breach by NAI of this Improvements Lease or other Operative Documents, or (2) BNPLC receives a refund of such costs, then the costs BNPLC is excused from paying or refunded to BNPLC shall be considered Qualified Prepayments.

Suspension or Termination of Construction. Notwithstanding any Landlord's Election to Continue Construction, BNPLC may subsequently elect at any time to suspend or terminate further construction without obligation to SolectronFCI. For purposes of this Lease and the Purchase Agreement other Operative Documents (including the determination of the Outstanding Construction Allowance and other amounts dependent upon the Outstanding Construction Allowance, like Stipulated Loss Value and Value, the Break Even PricePrice and the Maximum Permitted Prepayment), after any Landlord's Election to Continue Construction and the expiration of the ninety-day notice period described above in this subparagraph 6.(h)Construction, all costs and expenditures incurred or paid by or on behalf of BNPLC to complete or continue construction as provided in this subparagraph shall be considered Construction AdvancesAdvances and Project Costs, regardless of whether they cause the Outstanding Funded Construction Allowance to exceed the Maximum Construction Allowance. Further, as used in the preceding sentence, "costs incurred" by BNPLC will include costs that BNPLC has become obligated to pay to any third party that is not an Affiliate of BNPLC (including any contractor), even if the payments for which BNPLC has become so obligated will constitute prepayments for work or services to be rendered after payment and notwithstanding that BNPLC's obligations for the payments may be conditioned upon matters beyond BNPLC's control. For example, even if a construction contract between BNPLC and a contractor excused BNPLC from making further progress payments to the contractor upon SolectronFCI's breach of the Purchase Agreementfailure to make any required Issue 97-10 Prepayment hereunder, the obligation to make a progress payment would nonetheless be "incurred" by BNPLC, for purposes of determining whether BNPLC has incurred costs considered to be Project Costs and Construction Advances, when BNPLC's obligation to pay it became subject only to SolectronFCI's compliance with payment of the Purchase Agreement Issue 97-10 or other conditions beyond BNPLC's control. If and to the extent extent, however, BNPLC does incur costs considered as Construction Advances under this subparagraph, but (1) BNPLC does not actually pay the costs and after incurring them BNPLC is fully and finally excused from the obligation to pay themcosts

Suspension or Termination of Construction. Notwithstanding any ----------------------------------------- Landlord's Election to Continue Construction, BNPLC may subsequently elect at any time to suspend or terminate further construction without obligation to SolectronZhone. For purposes of this Building 3 Lease and the Purchase Agreement other Building 3 Operative Documents (including the determination of the Outstanding Construction Allowance and other amounts dependent upon the Outstanding Construction Allowance, like Stipulated Loss Value Value, the Building 3 Break Even Amount and the Break Even PriceMaximum Permitted Prepayment), after any Landlord's Election to Continue Construction and the expiration of the ninety-day notice period described above in this subparagraph 6.(h)Construction, all costs and expenditures incurred or paid by or on behalf of BNPLC to complete or continue construction as provided in this subparagraph shall be considered Construction AdvancesAdvances and Project Costs, regardless of whether they cause the Outstanding Funded Construction Allowance to exceed the Maximum Construction Allowance. Further, as used in the preceding sentence, "costs incurred" by BNPLC will include costs that BNPLC has become obligated to pay to any third party that is not an Affiliate of BNPLC (including any contractor), even if the payments for which BNPLC has become so obligated will constitute prepayments for work or services to be rendered after payment and notwithstanding that BNPLC's obligations for the payments may be conditioned upon matters beyond BNPLC's control. For example, even if a construction contract between BNPLC and a contractor excused BNPLC from making further progress payments to the contractor upon SolectronZhone's breach of the Purchase Agreementfailure to make any required Issue 97-10 Prepayment hereunder, the obligation to make a progress payment would nonetheless be "incurred" by BNPLC, for purposes of determining whether BNPLC has incurred costs considered to be Project Costs and Construction Advances, when BNPLC's obligation to pay it became subject only to SolectronZhone's compliance with the Purchase Agreement payment of an Issue 97-10 Prepayment or other conditions beyond BNPLC's control. If and to the extent extent, however, BNPLC does incur costs considered as Construction Advances under this subparagraph, but (1) BNPLC does not actually pay the costs and after incurring them BNPLC is fully and finally excused from the obligation to pay themthem for any reason other than a breach by Zhone of this Building 3 Lease or other Building 3 Operative Documents, or (2) BNPLC receives a refund of such costs, then the costs BNPLC is excused from paying or refunded to BNPLC shall be considered Qualified Prepayments.

Suspension or Termination of Construction. Notwithstanding any Landlord's Election to Continue Construction, BNPLC BNPPLC may subsequently elect at any time to suspend or terminate further construction without obligation to Solectron▇▇▇▇. For purposes of this Lease and the Purchase Agreement other Operative Documents (including the determination of the Outstanding Construction Allowance and other amounts dependent upon the Outstanding Construction Allowance, like Stipulated Loss Value and Value, the Break Even PricePrice and the Maximum Permitted Prepayment), after any Landlord's Election to Continue Construction and the expiration of the ninety-day notice period described above in this subparagraph 6.(h)Construction, all costs and expenditures incurred or paid by or on behalf of BNPLC BNPPLC to complete or continue construction as provided in this subparagraph shall be considered Construction AdvancesAdvances and Project Costs, regardless of whether they cause the Outstanding Funded Construction Allowance to exceed the Maximum Construction Allowance. Further, as used in the preceding sentence, "costs incurred" by BNPLC BNPPLC will include costs that BNPLC BNPPLC has become obligated to pay to any third party that is not an Affiliate of BNPLC BNPPLC (including any contractor), even if the payments for which BNPLC BNPPLC has become so obligated will constitute prepayments for work or services to be rendered after payment and notwithstanding that BNPLCBNPPLC's obligations for the payments may be conditioned upon matters beyond BNPLCBNPPLC's control. For example, even if a construction contract between BNPLC BNPPLC and a contractor excused BNPLC BNPPLC from making further progress payments to the contractor upon Solectron's breach of the Purchase Agreement▇▇▇▇'▇ failure to make any required Issue 97-10 Prepayment hereunder, the obligation to make a progress payment would nonetheless be "incurred" by BNPLCBNPPLC, for purposes of determining whether BNPLC BNPPLC has incurred costs considered to be Project Costs and Construction Advances, when BNPLCBNPPLC's obligation to pay it became subject only to Solectron's compliance with the Purchase Agreement ▇▇▇▇'▇ payment of an Issue 97-10 Prepayment or other conditions beyond BNPLCBNPPLC's control. If and to the extent BNPLC extent, however, BNPPLC does incur costs considered as Construction Advances under this subparagraph, but (1) BNPLC BNPPLC does not actually pay the costs and after incurring them BNPLC BNPPLC is fully and finally excused from the obligation to pay themthem for any reason other than a breach by ▇▇▇▇ of this Lease or other Operative Documents, or (2) BNPPLC receives a refund of such costs, then the costs BNPPLC is excused from paying or refunded to BNPPLC shall be considered Qualified Prepayments.