Common use of Area Determination Clause in Contracts

Area Determination. The LandlotEEinay from time to time, as it deems necessary, cause the Rentable Area of the Leased. Premises, the Building or any part thereof to be recalculated or remeasured and the cost thereof shall be included in Operating Costs (except as otherwise provided in this Section 4.08). Upon any such recalculation or remeasurement, Rent (including without limitation Basic Rent) shall be adjusted accordingly. If any calculation or determination by the Landlord of the Rentable Area of any premises (including the Leased Premises) is disputed or called in question, it shall be calculated or determined by the Landlord's architect or surveyor from time to time appointed for that purpose, whose certificate shall be conclusive and binding upon the parties hereto. The cost of such calculation or determination shall be included In Operating Costs; provided that if the Tenant disputes the Landlord's calculation or determination and the calculation or determination by the Landlord's architect or surveyor agrees with the Landlord's calculation or determination within a 2% variance, the Tenant shall pay the full cost of such calculation or determination forthwith upon demand. If the Tenant and any one or more of the other tenants in the Project are responsible to pay such costs, the Tenant shall be jointly and severally liable with such other tenant or tenants. If any error shall be found in the calculation of the Rentable Area of the Leased Premises or in the calculation of Tenant's Proportionate Share, Rent (including without limitation Basic Rent) shall be adjusted for the Fiscal Year in which that error is discovered and for the Fiscal Year preceding the Fiscal Year in which the error was discovered, if any, and thereafter but not for any prior period.

Area Determination. The LandlotEEinay Landlord may from time to time, as it deems necessary, cause the Rentable Area of the Leased. Leased Premises, the Building or any part thereof to be recalculated or remeasured and the cost thereof shall be included in Operating Costs (except as otherwise provided in this Section 4.08). Upon any such recalculation or remeasurement, Rent (including without limitation Basic Rent) shall be adjusted accordingly. If any calculation or determination by the Landlord of the Rentable Area of any premises (including the Leased Premises) is disputed or called in question, it shall be calculated or determined by the Landlord's architect or surveyor from time to time appointed for that purpose, whose certificate shall be conclusive and binding upon the parties hereto. The cost of such calculation or determination shall be included In in Operating Costs; provided that if the Tenant disputes the Landlord's calculation or determination and the calculation or determination by the Landlord's architect or surveyor agrees with the Landlord's calculation or determination within a 2% two percent variance, the Tenant shall pay the full cost of such calculation or determination forthwith upon demand. If the Tenant and any one or more of the other tenants in the Project are responsible to pay such costs, the Tenant shall be jointly and severally liable with such other tenant or tenants. If any error shall be found in the calculation of the Rentable Area of the Leased Premises or in the calculation of the Tenant's Proportionate Share, Rent (including without limitation Basic Rent) shall be adjusted for the Fiscal Year in which that error is discovered and for the Fiscal Year preceding the Fiscal Year in which the error was discovered, if any, and thereafter but not for any prior period.

Area Determination. The LandlotEEinay Landlord may from time to time, as it deems necessary, cause the Rentable Leasable Area of the Leased. Leased Premises, the Building Building, the Park or any part thereof to be recalculated or remeasured re-measured and the cost thereof shall be included in Operating Costs (except as otherwise provided in this Section 4.08section 4.3). Upon any such recalculation or remeasurementIf the initial certification of the Leasable Area of the Leased Premises does not occur until after the Commencement Date, then Rent (including without limitation Basic Rent) shall will be adjusted accordinglyretroactively as calculated by the Landlord. If Thereafter, if any calculation or determination by the Landlord of the Rentable Area leasable area of any premises (including the Leased Premises) is disputed or called in questiondisputed, it shall be calculated or determined by the Landlord's architect or surveyor ’s consultant from time to time appointed for that purpose, whose certificate shall be conclusive and binding upon the parties hereto. The cost of such calculation or determination shall be included In in Operating Costs; provided that if the Tenant disputes disputed the Landlord's ’s calculation or determination and the calculation or determination by the Landlord's architect or surveyor ’s consultant agrees with the Landlord's ’s calculation or determination within a 2% two percent variance, the Tenant shall pay the full cost of such calculation or determination forthwith upon demand. If the Tenant and any one or more of the other tenants in the Project are responsible to pay such costs, the Tenant shall be jointly and severally liable with such other tenant or tenants. If any error shall be found in the calculation of the Rentable Leasable Area of the Leased Premises or in the calculation of the Tenant's ’s Proportionate Share, Rent (including without limitation Basic Rent) shall be adjusted for the Fiscal Lease Year in which that error is discovered and for the Fiscal Year preceding the Fiscal Year in which the error was discovered, if any, and thereafter but not for any prior period.

Area Determination. The LandlotEEinay Landlord and the Tenant agree that the Rentable Area of the Leased Premises, unless the parties otherwise agree in writing, is established at 178,878 square feet for the Term or any renewal periods thereof and that the Tenant shall be required to pay Rent based on this area. The Landlord may from time to time, as it deems necessary, cause the Rentable Area of the Leased. Premises, the Building or any part thereof to be recalculated or remeasured and the cost thereof shall be included in Operating Costs (except as otherwise provided in this Section 4.08). Upon any such recalculation or remeasurement, Rent (including without limitation Basic Rent) shall be adjusted accordingly. If any calculation or determination by the Landlord of the Rentable Area of any premises (including the Leased Premises) Building is disputed or called in into question, it shall be calculated or determined by the Landlord's ’s architect or surveyor from time to time appointed for that purpose, whose certificate shall be conclusive and binding upon the parties hereto. The cost of such calculation or determination shall be included In in Operating Costs; provided that if the Tenant disputes the Landlord's ’s calculation or determination and the calculation or determination by the Landlord's ’s architect or surveyor agrees with the Landlord's ’s calculation or determination within a 2% variance, the Tenant shall pay the full cost of such calculation or determination forthwith upon demand. If the Tenant and any one or more of the other tenants in the Project are responsible to pay such costs, the Tenant shall be jointly and severally liable with such other tenant or tenants. If any error shall be found in the calculation of the Rentable Area of the Leased Premises or in the calculation of Tenant's Proportionate ShareBuilding, Rent (including without limitation Basic Rent) shall be adjusted for the Fiscal Year in which that the error is discovered and for the Fiscal Year preceding the Fiscal Year in which the error was discovered, if any, and thereafter thereafter, but not for any prior period.. 4.08 (Intentionally Deleted)

Area Determination. The LandlotEEinay Landlord may from time to time, as it deems necessary, cause the Rentable Area of the Leased. Leased Premises, the Building or any part thereof to be recalculated or remeasured and the cost thereof shall be included in Operating Costs (except as otherwise provided in this Section 4.08). Upon any such recalculation or remeasurement, Rent (including without limitation Basic Rent) shall be adjusted accordingly. If any calculation or determination by the Landlord of the Rentable Area of any premises (including the Leased Premises) is disputed or called in question, it is shall be calculated or determined by the Landlord's architect or surveyor from time to time appointed for that purpose, whose certificate shall be conclusive and binding upon the parties hereto. The cost of such calculation or determination shall be included In in Operating Costs; provided that if the Tenant disputes the Landlord's calculation or determination and the calculation or and determination by the Landlord's architect or surveyor agrees with the Landlord's calculation or determination within a 2% variance, the Tenant shall pay the full cost of such calculation or determination forthwith upon demand. If the Tenant and any one or more of the other tenants in the Project are responsible to pay such costs, the Tenant shall be jointly and severally liable with such other tenant or tenants. If any error shall be found in the calculation of the Rentable Area of the Leased Premises or in the calculation of Tenant's Proportionate Share, Rent (including without limitation Basic Rent) shall be adjusted for the Fiscal Year in which that error is discovered and for the Fiscal Year preceding the Fiscal Year in which the error was discovered, if any, and thereafter but not for any prior period. Notwithstanding the above, the Landlord and Tenant agree that the area of the Leased Premises shall be as stipulated in Item 5 of the Term Sheet, subject to (i) any construction or redevelopment to the Building which results in an ---------- * Per hand marked revision to the original, the text of Section 7.04(b) is incorporated from Schedule E to the original (which is here omitted). increase or decrease of the overall Building area; or (ii) change to the Leased Premises as provided for in Section VI - Right to Expand and Section VIII - Option to Lease Additional Premises.

Area Determination. The LandlotEEinay Landlord may from time to time, as it deems necessary, cause the Rentable Area of the Leased. Premises, Leased Premises and the Total Rentable Area of the Building or any part thereof to be recalculated or remeasured and the cost thereof shall be included in Operating Costs (except as otherwise provided in this Section 4.08). Upon any such recalculation or remeasurement, Rent (including without limitation Basic Rent) shall be adjusted accordingly. If any calculation or determination by the Landlord of the Rentable Area of any premises (including the Leased Premises) is disputed or called in into question, it shall be calculated or determined by the Landlord's ’s architect or surveyor from time to time appointed for that purpose, whose certificate shall be conclusive and binding upon the parties hereto. The cost of such calculation or determination shall be included In in Operating Costs; provided that if the Tenant disputes the Landlord's ’s calculation or determination and the calculation or determination by the Landlord's ’s architect or surveyor agrees with the Landlord's ’s calculation or determination within a 2% variance, the Tenant shall pay the full cost of such calculation or determination forthwith upon demand. If the Tenant and any one or more of the other tenants in the Project are responsible to pay such costs, the Tenant shall be jointly and severally liable with such other tenant or tenants. If any error shall be found in the calculation of the Rentable Area of the Leased Premises or in the calculation of the Tenant's ’s Proportionate Share, Rent (including without limitation Basic Rent) shall be adjusted for the Fiscal Year in which that the error is discovered and for the Fiscal Year preceding the Fiscal Year in which the error was discovered, if any, and thereafter thereafter, but not for any prior period. Notwithstanding the foregoing, the Landlord and Tenant agree that the area of the Leased Premises shall be as stipulated in Item 5 of the Term Sheet, subject to any construction or redevelopment to the Building which results in an increase or decrease of the overall Building area.

Area Determination. The LandlotEEinay Landlord may from time to time, as it deems necessary, cause the Rentable Area of the Leased. Premises, Leased Premises and the Total Rentable Area of the Building or any part thereof to be recalculated or remeasured and the cost thereof shall be included in Operating Costs (except as otherwise provided in this Section 4.08). Upon any such recalculation or remeasurement, Rent (including without limitation Basic Rent) shall be adjusted accordingly. If any calculation or determination by the Landlord of the Rentable Area of any premises (including the Leased Premises) is disputed or called in into question, it shall be calculated or determined by the Landlord's architect or surveyor from time to time appointed for that purpose, whose certificate shall be conclusive and binding upon the parties hereto. The cost of such calculation or determination shall be included In in Operating Costs; provided that if the Tenant disputes the Landlord's calculation or determination and the calculation or determination by the Landlord's architect or surveyor agrees with the Landlord's calculation or determination within a two percent (2% %) variance, the Tenant shall pay the full cost of such calculation or determination forthwith upon demand. If the Tenant and any one or more of the other tenants in the Project are responsible to pay such costs, the Tenant shall be jointly and severally liable with such other tenant or tenants. If any error shall be found in the calculation of the Rentable Area of the Leased Premises or in the calculation of the Tenant's Proportionate Share, Rent (including without limitation Basic Rent) shall be adjusted for the Fiscal Year in which that the error is discovered and for the Fiscal Year preceding the Fiscal Year in which the error was discovered, if any, and thereafter but not for any prior period.

Area Determination. The LandlotEEinay Landlord and the Tenant agree that the Rentable Area of the Leased Premises has been measured by the Landlord’s architect or surveyor in accordance with the BOMA Standard and is deemed for the purposes of this Lease to be 27,599 square feet for the Term and any extension and renewal periods thereof and that the Tenant shall be required to pay Rent based on this area. The Landlord may from time to time, as it deems necessary, cause the Rentable Area of the Leased. Premises, Leased Premises and the Total Rentable Area of the Building or any part thereof to be recalculated or remeasured and the cost thereof except for the Leased Premises shall be included in Operating Costs (except as otherwise provided in this Section 4.084.08 and in Section 1 of Schedule E of this Lease). Upon any such recalculation or remeasurement, Rent (including without limitation Basic Rent) shall be adjusted accordingly. If any calculation or determination by the Landlord of the Rentable Area of any premises (including the Leased Premises) is disputed or called in questioninto question by the Tenant, it shall be calculated or determined by the Landlord's ’s independent and duly qualified architect or surveyor from time to time appointed for that purpose, whose certificate shall be conclusive and binding upon the parties heretohereto unless manifest error is demonstrated. The cost of such calculation or determination shall subject to Section 1 of Schedule E of this Lease be included In in Operating Costs; provided that if the Tenant disputes the Landlord's ’s calculation or determination and the calculation or determination by the Landlord's ’s architect or surveyor agrees with the Landlord's ’s calculation or determination within a 2% variance, the Tenant shall pay the full cost of such calculation or determination forthwith upon demand. If the Tenant and any one or more of the other tenants in the Project are responsible to pay such costs, the Tenant shall be jointly and severally liable with such other tenant or tenants. If any error shall be found in the calculation of the Rentable Area of the Leased Premises or in the calculation of the Tenant's ’s Proportionate Share, Rent (including without limitation Basic Rent) shall be adjusted for the Fiscal Year in which that the error is discovered and for the Fiscal Year preceding the Fiscal Year in which the error was discovered, if any, and thereafter thereafter, but not for any prior period. Notwithstanding the foregoing, so long as the Leased Premises comprise full floors in the Building, the Landlord shall not be entitled to recalculate or remeasure the Rentable Area of same in accordance with this Section 4.08.

Area Determination. Prior to the Commencement Date for each of the Initial Premises and the Additional Premises, the Landlord shall cause the Rentable Area of such portions of the Leased Premises to be measured in accordance with the Standard Method for Measuring Rentable Areas in Office Buildings by the American National Standards Institute, Inc. (ANSI/BOMA Z65.1 - 1996) (the “Measurement Standard”) and the Landlord will provide the Tenant with area certificates for such portions of the Leased Premises from the Landlord’s independent architect (the “Architect”) or chartered surveyor on or prior to the Commencement Date. The LandlotEEinay from Rentable Area of the Leased Premises shall be adjusted to reflect the final measurement reflected in such certificates. If at any time to timeduring the Term the Leased Premises are increased or decreased in size, as it deems necessary, the Landlord may cause the Rentable Area of the Leased. Premises, Leased Premises and the Total Rentable Area of the Building or any part thereof to be recalculated or remeasured in accordance with the Measurement Standard and the cost thereof shall be included in Operating Costs (except as otherwise provided in this Section 4.08). Upon any such recalculation or remeasurement, Rent (including without limitation Basic Rent) shall be adjusted accordingly. If any Any calculation or determination by the Landlord of the Rentable Area of any premises (including the Leased Premises) is disputed or called in question, it shall be calculated or determined by the Landlord's architect or surveyor from time to time Architect appointed for that purpose, whose certificate shall be conclusive and binding upon the parties hereto, absent manifest error. The cost of such calculation or determination shall be included In in Operating Costs; provided that if the Tenant disputes the Landlord's calculation or determination and the calculation or determination by the Landlord's architect or surveyor agrees with the Landlord's calculation or determination within a 2% variance, the Tenant shall pay the full cost of such calculation or determination forthwith upon demand. If the Tenant and any one or more of the other tenants in the Project are responsible to pay such costs, the Tenant shall be jointly and severally liable with such other tenant or tenants. If any error shall be found in the calculation of the Rentable Area of the Leased Premises or in the calculation of the Tenant's ’s Proportionate Share, Rent (including without limitation Basic Rent) shall be adjusted for the Fiscal Year in which that the error is discovered and for the Fiscal Year preceding the Fiscal Year in which the error was discovered, if any, and thereafter thereafter, but not for any prior period.

Area Determination. The LandlotEEinay Landlord may from time to time, as it deems necessary, cause the Rentable Area of the Leased. Premises, Leased Premises and the Total Rentable Area of the Building or any part thereof to be recalculated or remeasured and the cost thereof shall be included in Operating Costs (except as otherwise provided in this Section 4.08). Upon any such recalculation or remeasurement, Rent (including without limitation Basic Rent) shall be adjusted accordingly. If any calculation or determination by the Landlord of the Rentable Area of any premises (including the Leased Premises) is disputed or called in into question, it shall be calculated or determined by the Landlord's architect or surveyor from time to time appointed for that purpose, whose certificate shall be conclusive and binding upon the parties hereto. The cost of such calculation or determination shall be included In in Operating Costs; provided that if the Tenant disputes the Landlord's calculation or determination and the calculation or determination by the Landlord's architect or surveyor agrees with the Landlord's calculation or determination within a 2% variance, the Tenant shall pay the full cost of such calculation or determination forthwith upon demand. If the Tenant and any one or more MORGUARD February 2005 - Net Office, Multi-Tenant (General Application) of the other tenants in the Project are responsible to pay such costs, the Tenant shall be jointly and severally liable with such other tenant or tenants. If any error shall be found in the calculation of the Rentable Area of the Leased Premises or in the calculation of the Tenant's Proportionate Share, Rent (including without limitation Basic Rent) shall be adjusted for the Fiscal Year in which that the error is discovered and for the Fiscal Year preceding the Fiscal Year in which the error was discovered, if any, and thereafter thereafter, but not for any prior period.

Area Determination. The LandlotEEinay Landlord may from time to time, as it deems necessary, cause the Rentable Area of the Leased. Leased Premises, the Building or any part thereof to be recalculated or remeasured /measured and the cost thereof shall be included in Operating Costs (except as otherwise provided in this Section 4.08). Upon any such recalculation or remeasurement, Rent (including without limitation Basic Rent) shall be adjusted accordingly. If any calculation or determination by the Landlord of the Rentable Area of any premises (including the Leased Premises) is disputed or called in question, it shall be calculated or determined by the Landlord's architect or surveyor from time to time appointed for that purpose, whose certificate shall be conclusive and binding upon the parties hereto. The cost of such calculation or determination shall be included In in Operating Costs; provided that if the Tenant disputes the Landlord's calculation or determination and the calculation or determination by the Landlord's architect or surveyor agrees with the Landlord's calculation or determination within a two (2% %) percent variance, the Tenant shall pay the full cost of such calculation or determination forthwith upon demand. If the Tenant and any one or more of the other tenants in the Project are responsible to pay such costs, the Tenant shall be jointly and severally liable with such other tenant or tenants. If any error shall be found in the calculation of the Rentable Area of the Leased Premises or in the calculation of Tenant's Proportionate Share, Rent (including without limitation Basic Rent) shall be adjusted for the Fiscal Year in which that error is discovered and for the Fiscal Year preceding the Fiscal Year in which the error was discovered, if any, and thereafter but not for any prior period.