Common use of Premises Described Clause in Contracts

Premises Described. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, in its “as-is” condition except for the Tenant Improvements to be constructed by Landlord as set forth in Exhibit B of this Lease, upon the terms and subject to the conditions of this Lease, the premises identified in the Basic Lease Information as the Premises (the “Premises”), in the Building located at the address specified in the Basic Lease Information (the “Building”). The approximate configuration and location of the Premises is shown as the area outlined on Exhibit A. Based on the measurement of the Premises referenced in the Basic Lease Information, Landlord and Tenant acknowledge, stipulate and agree that during the entire Term of this Lease, including any extension thereof, the rentable area of the Premises (“Rentable Area”) for all purposes under this Lease, except as otherwise provided in Section 12 (Damage or Destruction) or Section 13 (Condemnation), shall be the Rentable Area specified in the Basic Lease Information. Landlord and Tenant stipulate and agree that the rentable area of the Building (“Building Rentable Area”) for all purposes under this Lease, except as otherwise provided in Section 12 (Damage or Destruction) or Section 13 (Condemnation), shall be the Building Rentable Area specified in the Basic Lease Information. The Building, together with the parking facilities serving the Building (the “Parking Facility”), the Common Areas, as defined herein, and the parcel(s) of land on which the Building and the Parking Facility are situated (collectively, the “Property”), is part of the Project, which may contain more than one building, identified in the Basic Lease Information (the “Project”).

Premises Described. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, in its “as-is” condition condition, except for latent defects in the Tenant Improvements to be constructed by Landlord as set forth (defined in Exhibit B of this LeaseB) and Landlord’s lease obligations hereunder, including the Tenant Improvements described in Exhibit B, upon the terms and subject to the conditions of this Lease, the premises identified in the Basic Lease Information as the Premises (the “Premises”), in the Building located at the address Building Address specified in the Basic Lease Information (the “Building”). The approximate configuration and location of the Premises is shown as the area outlined on Exhibit A. Based on the measurement of the Premises referenced in the Basic Lease Information, Landlord and Tenant acknowledge, stipulate and agree that during the entire Term of this Lease, including any extension thereof, the rentable area of the Premises (“Rentable Area”) for all purposes under this Lease, except as otherwise provided in Section 12 (Damage or Destruction) or Section 13 (Condemnation), shall be the Rentable Area specified in the Basic Lease Information. Landlord and Tenant stipulate and agree that the rentable area of the Building (“Building Rentable Area”) for all purposes under this Lease, except as otherwise provided in Section 12 (Damage or Destruction) or Section 13 (Condemnation), shall be the Building Rentable Area specified in the Basic Lease Information. The Building, together with the parking facilities serving the Building (the “Parking Facility”), the common areas (the “Common Areas, as defined herein, ”) and the parcel(s) of land on which the Building and the Parking Facility are situated (collectively, the “Property”), is part of the Project, which may contain more than one building, identified in the Basic Lease Information (the “Project”). Notwithstanding the foregoing to the contrary, within thirty (30) days after the earlier of (i) the date Landlord notifies Tenant in writing that installation of the demising wall has been completed sufficient to permit measurement of the Rentable Area of the Premises, or (ii) the date Landlord delivers the Premises to Tenant with the Tenant Improvements Substantially Completed, Landlord’s architect shall have the Rentable Area of the Premises verified by measuring same in accordance with the standard herein provided and shall give written notice as to such measurement to Landlord and Tenant. In the event that the verification reveals a discrepancy between the Rentable Area of the Premises specified in the Basic Lease Information and the Rentable Area of the Premises determined by Landlord’s architect and either Landlord or Tenant dispute the measurement of Landlord’s architect by written notice delivered to the other party within fifteen (15) days after Landlord delivers its architect verification of the Rentable Area to Tenant, then an independent architect acceptable to both parties (the cost of which shall be divided equally between Landlord and Tenant) shall measure the Premises in accordance with the standard herein provided. If neither party disputes the Rentable Area determined by Landlord’s architect within said fifteen (15) day period, then the determination of Rentable Area by Landlord’s architect shall be deemed conclusive. If either party timely disputes the Rentable Area determined by Landlord’s architect, then the square footage of Rentable Area of the Premises as determined by said independent architect shall be the Rentable Area of the Premises for purposes of this Lease, and within thirty (30 days thereafter, the parties shall execute an addendum to this Lease in form prepared by Landlord’s counsel confirming same and the Base Rent, Tenant’s Share of Operating Costs and any other sums due hereunder based in whole or in part on the rentable square footage of the Building, and further any necessary payments or reimbursements shall be made by the appropriate party. The Rentable Area of the Building will be calculated in accordance with the American National Standard Method of Measuring Floor Area in Office Buildings, ANSI/BOMAA65.1-1996.