Common use of Notice of Projected Cost Overruns Clause in Contracts

Notice of Projected Cost Overruns. If, at the time NAI submits any Construction Advance Request, NAI believes for any reason (including any damage to the Property by fire or other casualty or any taking of any part of the Property by condemnation) that Projected Cost Overruns are more likely than not, NAI must state such belief in the Construction Advance Request and, if NAI can reasonably do so, NAI will estimate the approximate amount of such Projected Cost Overruns.

Appears in 6 contracts

Samples: Construction Agreement (NetApp, Inc.), Construction Agreement (NetApp, Inc.), Construction Agreement (NetApp, Inc.)

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Notice of Projected Cost Overruns. If, at the time NAI submits any Construction Advance Request, NAI believes If for any reason (including any damage to the Property by fire or other casualty or any taking of any part of the Property by condemnation) NAI believes (after taking into account any Voluntary NAI Construction Contributions NAI has made or committed to make as provided in subparagraph 4(C)) that Projected Cost Overruns are more likely than notnot at the time NAI submits any Construction Advance Request, NAI must shall state such belief in the Construction Advance Request and, if NAI can reasonably do so, NAI will estimate the approximate amount of such Projected Cost Overruns.

Appears in 2 contracts

Samples: Construction Management Agreement (Network Appliance Inc), Construction Management Agreement (Network Appliance Inc)

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