Common use of Absence of Certain Work/Suspension Events Clause in Contracts

Absence of Certain Work/Suspension Events. A. The Construction Project is progressing without significant interruption in a good and workmanlike manner and substantially in accordance with Applicable Laws, with Permitted Encumbrances and with the requirements of the Construction Management Agreement, except as follows: (if there are no exceptions, insert “No Exceptions”) B. If NAI has received notice of any Defective Work, NAI has promptly corrected or is diligently pursuing the correction of such Defective Work, except as follows: (if there are no exceptions, insert “No Exceptions”) NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: [cc all Participants] BNP Paribas Leasing Corporation 1▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: L▇▇▇▇ ▇. ▇▇▇, Managing Director Re: Construction Management Agreement dated as of December 14, 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.

Absence of Certain Work/Suspension Events. A. The Construction Project is progressing without significant interruption in a good and workmanlike manner and substantially in accordance with Applicable Laws, with Permitted Encumbrances and with the requirements of the Construction Management Agreement, except as follows: (if there are no exceptions, insert “No Exceptions”) B. If NAI LRC has received notice of any Defective Work, NAI LRC has promptly corrected or is diligently pursuing the correction of such Defective Work, except as follows: (if there are no exceptions, insert “No Exceptions”) NETWORK APPLIANCE, INC.L▇▇ RESEARCH CORPORATION, a Delaware corporation By: Name: Title: [cc all Participants] BNP Paribas Leasing Corporation 1▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: L▇▇▇▇ ▇. ▇▇▇, Managing Director Re: Construction Management Agreement (Livermore/ Parcel 7) dated as of December 1418, 2006 2007 (the “Construction Management Agreement”), between Network Appliance, Inc. L▇▇ 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 Management Agreement referenced above or in the Common Definitions and Provisions Agreement (Livermore/ Parcel 7) referenced in the Construction Management Agreement.

Absence of Certain Work/Suspension Events. A. The Construction Project is progressing without significant interruption in a good and workmanlike manner and substantially in accordance with Applicable Laws, with Permitted Encumbrances and with the requirements of the Construction Management Agreement, except as follows: (if there are no exceptions, insert “No Exceptions”) B. If NAI has received notice of any Defective Work, NAI has promptly corrected or is diligently pursuing the correction of such Defective Work, except as follows: (if there are no exceptions, insert “No Exceptions”) NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: [cc all Participants] BNP Paribas Leasing Corporation 1▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: L▇▇▇▇▇ ▇. ▇▇▇, Managing Director Telecopy: (▇▇▇) ▇▇▇-▇▇▇▇ Re: Amended and Restated Construction Management Agreement (Building 7) dated as of December 14November 29, 2006 2007 (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.

Absence of Certain Work/Suspension Events. A. The Construction Project is progressing without significant interruption in a good and workmanlike manner and substantially in accordance with Applicable Laws, with Permitted Encumbrances and with the requirements of the Construction Management Agreement, except as follows: (if there are no exceptions, insert “No Exceptions”) B. If NAI LRC has received notice of any Defective Work, NAI LRC has promptly corrected or is diligently pursuing the correction of such Defective Work, except as follows: (if there are no exceptions, insert “No Exceptions”) NETWORK APPLIANCE, INC.L▇▇ RESEARCH CORPORATION, a Delaware corporation By: Name: Title: [cc all Participants] BNP Paribas Leasing Corporation 1▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: L▇▇▇▇ ▇. ▇▇▇, Managing Director Re: Construction Management Agreement (Livermore/Parcel 6) dated as of December 1418, 2006 2007 (the “Construction Management Agreement”), between Network Appliance, Inc. L▇▇ 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 Management Agreement referenced above or in the Common Definitions and Provisions Agreement (Livermore/Parcel 6) referenced in the Construction Management Agreement.

Absence of Certain Work/Suspension Events. A. The Construction Project is progressing without significant interruption in a good and workmanlike manner and substantially in accordance with Applicable Laws, with Permitted Encumbrances and with the requirements of the Construction Management Agreement, except as follows: (if there are no exceptions, insert “No Exceptions”) B. If NAI has received notice of any Defective Work, NAI has promptly corrected or is diligently pursuing the correction of such Defective Work, except as follows: (if there are no exceptions, insert “No Exceptions”) NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: [cc all Participants] BNP Paribas Leasing Corporation 1▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: L▇▇▇▇▇ ▇. ▇▇▇, Managing Director Telecopy: (▇▇▇) ▇▇▇-▇▇▇▇ Re: Amended and Restated Construction Management Agreement (RTP Data Center) dated as of December 14November 29, 2006 2007 (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.

Absence of Certain Work/Suspension Events. A. The Construction Project is progressing without significant interruption in a good and workmanlike manner and substantially in accordance with Applicable Laws, with Permitted Encumbrances and with the requirements of the Construction Management Agreement, except as follows: (if there are no exceptions, insert “No Exceptions”) B. If NAI has received notice of any Defective Work, NAI has promptly corrected or is diligently pursuing the correction of such Defective Work, except as follows: (if there are no exceptions, insert “No Exceptions”) NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: [cc all Participants] BNP Paribas Leasing Corporation 1▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: L▇▇▇▇▇ ▇. ▇▇▇, Managing Director Telecopy: (▇▇▇) ▇▇▇-▇▇▇▇ Re: Construction Management Agreement (Building 9) dated as of December 14February 1, 2006 2008 (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.

Absence of Certain Work/Suspension Events. A. The Construction Project is progressing without significant interruption in a good and workmanlike manner and substantially in accordance with Applicable Laws, with Permitted Encumbrances and with the requirements of the Construction Management Agreement, except as follows: (if there are no exceptions, insert “No Exceptions”) B. If NAI has received notice of any Defective Work, NAI has promptly corrected or is diligently pursuing the correction of such Defective Work, except as follows: (if there are no exceptions, insert “No Exceptions”) NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: [cc all Participants] BNP Paribas Leasing Corporation 1▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: L▇▇▇▇ ▇. ▇▇▇, Managing Director Telecopy: (▇▇▇) ▇▇▇-▇▇▇▇ Re: Construction Management Agreement dated as of December 14July 17, 2006 2007 (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.

Absence of Certain Work/Suspension Events. A. The Construction Project is progressing without significant interruption in a good and workmanlike manner and substantially in accordance with Applicable Laws, with Permitted Encumbrances and with the requirements of the Construction Management Agreement, except as follows: (if there are no exceptions, insert “No Exceptions”") B. If NAI has received notice of any Defective Work, NAI has promptly corrected or is diligently pursuing the correction of such Defective Work, except as follows: (if there are no exceptions, insert “No Exceptions”") NETWORK APPLIANCE, INC., a Delaware corporation By: Name: Title: [cc all Participants] BNP Paribas Leasing Corporation 1▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attention: L▇▇▇▇▇ ▇. ▇▇▇, Managing Director Telecopy: (▇▇▇) ▇▇▇-▇▇▇▇ Re: Amended and Restated Construction Management Agreement (Building 8) dated as of December 14November 29, 2006 2007 (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.