Remeasurement Sample Clauses
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Remeasurement. Within sixty (60) days after the Commencement Date, upon request of Tenant, Landlord shall have its architect (“Landlord’s Architect”) measure the final Building to determine the number of rentable square feet therein, in accordance with the 2012 Industrial Buildings: Standard Methods of Measurement as adopted by the Building Owners and Managers Association (ANSI/BOMA Z65.2-2012 (provided, however, that in no event shall the TI Allowance or any item of Rent be increased by more than one percent (1%) as a result of such measurement) and thereafter the results thereof shall be presented to Tenant in writing. If Tenant disputes the measurement of Landlord’s Architect, Tenant shall notify Landlord within five (5) business days after receipt by Tenant of such measurement, together with a detailed justification for such dispute. Tenant shall then have fifteen (15) days to have an architect selected by Tenant (“Tenant’s Architect”) measure the Building using the procedures set forth herein. If Tenant’s Architect disputes the findings of Landlord’s Architect, both Architects shall meet in good faith for a period not to exceed fifteen (15) days and try to reach agreement on the number of rentable square feet. If the Architects cannot reach agreement within such period, the Architects shall in good faith select a third, independent architect (the “Resolution Architect”) to measure the Building. The measurement of the Resolution Architect shall be final and binding on all parties. All fees and costs payable to Landlord’s Architect and/or Tenant’s Architect shall be paid by Tenant. Tenant and Landlord shall each be responsible for one-half of the fees and costs payable to the Resolution Architect. If the Lease Term commences prior to such final determination, 430,500 rentable square feet shall be utilized until a final determination is made, whereupon an appropriate adjustment, if necessary, shall be made retroactively, and Landlord or Tenant shall make appropriate payment (if applicable). Notwithstanding the foregoing, Landlord shall have no obligation to repay any Abated Rent to Tenant in the event such remeasurement results in a decrease in Rent.
Remeasurement. Sublandlord and Subtenant acknowledge that the actual rentable square footage of the Sublease Premises may, upon completion of construction of the Subtenant Improvements, be different than the estimates set forth in Article I hereof. Accordingly, after completion of construction of the Subtenant Improvements, Sublandlord will notify Subtenant of the actual Rentable Square Footage of the Sublease Premises and the Rentable Square Footage of Building, which shall be measured in accordance with the ANSI/BOMA 265.1-1996 Standard Method for Measuring Building Rentable Area, approved June 7, 1996. If necessary, Sublandlord and Subtenant will execute an amendment to this Sublease modifying the definitions of Sublease Premises, Master Premises, Subtenant’s Share, the amount of the Security Deposit, and such other terms and provisions, if any, of this Sublease as may be necessary to reflect such actual measurements.
Remeasurement. Landlord and Tenant acknowledge and agree that prior to the date hereof, the Project, the Building and that portion of the Existing Premises known as Suite 400 were remeasured and as a result, the rentable square feet of each has increased. Accordingly, the Basic Lease Information is hereby amended as follows:
(a) The rentable square feet of the Project is deemed to be 440,278;
(b) The rentable square feet of the Building is deemed to be 146,267; and
(c) The rentable square feet of that portion of the Existing Premises known as Suite 400 is deemed to be 37,474.
(d) The definition of “BOMA Standards” in the Lease is hereby replaced with the following: “BOMA Standards” means the useable square footage of the space being measured as determined by Landlord’s architect pursuant to the American National Standard Method of Measuring Floor Area in Office Buildings, to BOMA ANSI Z65.1 (1996), published by the Building Owners and Managers Association International, with application of an 8% load factor for single-tenant floors and an 18% load factor for multi-tenant floors to determine the rentable square feet.
Remeasurement. During the First Extended Term, Landlord shall not have the right to remeasure the Premises except for physical changes to the square footage of the Premises (e.g. due to casualty or condemnation).
Remeasurement. Section 72 of the Lease is hereby deleted in its entirety. Within ten (10) business days following the date on which this Amendment is fully executed by Landlord and Tenant, each of Landlord and Tenant shall have the right to cause its architect or consultant to measure the actual square feet of rentable area within the Premises and Building in accordance with the rentable standards set forth in ANSI/BOMA Z65.1-1996, as promulgated by the Building Owners and Managers Association (“BOMA Standard”), and all provisions of this Lease which are dependent upon the number of square feet (e.g.; Base Rent, Lessee’s Share) shall be appropriately adjusted.
Remeasurement. Effective as of the Extension Date (defined below), the rentable square footage of the Existing Premises shall be 11,205 rentable square feet (the “Remeasured Existing Premises”). Landlord and Tenant acknowledge that the revised square footage of the Existing Premises is the result of the New Measurement, and the resulting remeasured Building rentable square footage is 524,805 rentable square feet. Notwithstanding the New Measurement, Tenant’s Share and all Rent and other charges under the Lease with respect to the Existing Premises shall remain unchanged until the Extension Date, at which time Tenant’s Share and all Rent and other charges under the Lease shall be calculated based on the New Measurement.
Remeasurement. Landlord has remeasured the Premises, the Building and the Project (the “Remeasurement”), and according to the Remeasurement, the rentable square footage of the Premises, the Building and the Project shall, effective as of the date of this Fourth Amendment, be (i) 1,703 rentable square feet, (ii) 21,273 rentable square feet and (iii) 127,990 rentable square feet, respectively.
Remeasurement. Tenant acknowledges and agrees that the Extended Premises have been remeasured pursuant to BOMA (Building Owners and Managers Association International) document “Office Buildings, Standard Methods of Measurement, ANSI/BOMA Z65.1 – 2010, Method B” (“BOMA 2010”), and the rentable area of the Extended Premises has changed as a result of such remeasurement. Accordingly, notwithstanding anything in the Lease to the contrary, Landlord and Tenant agree that from and after the Extension Term Commencement Date, the Building shall consist of 335,586 rentable square feet and the Extended Premises shall consist of approximately 93,952 rentable square feet, comprised of (i) 25,245 rentable square feet known as Suite 600S; (ii) 28,792 rentable square feet known as Suite 500S; (iii) 16,012 rentable square feet known as Suite 400S; (iv) 13,020 rentable square feet known as Suite 450S; and (v) 10,883 rentable square feet known as Suite 350.
Remeasurement. Notwithstanding anything to the contrary set forth in the Lease, Landlord and Tenant acknowledge and agree that as of the Effective Date: (i) the location of a demising walls separating the 130 Premises from the remainder of the 130 Building has been modified as shown on Exhibit A attached hereto, and accordingly Landlord has remeasured the 130 Premises and (ii) according to such remeasurement, (a) the 130 Premises contains 23,003 rentable square feet of space and (b) the Premises contains a total of 110,611 rentable square feet of space.
Remeasurement. Landlord and Tenant acknowledge and agree that Landlord has remeasured the Premises, and that, according to such remeasurement, the rentable square footage of the Premises is 11,388 and accordingly, effective as of the Extension Commencement Date (as defined below), and continuing throughout the Extended Term (as defined below), all references to the “Rentable Area of the Premises” in the Lease are hereby amended to refer to “11,388 square feet”.