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. 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:
Remeasurement. Landlord reserves a one-time right after Building completion and in association with any Alterations (as defined below) that materially increase the square footage of the existing Premises to remeasure the Premises and the Building, and an ongoing right to measure any other portion of the Project in accordance with the commonly used or current or revised standards promulgated from time to time by the Building Owners and Managers Association (BOMA) or other generally-accepted measurement standards utilized by Landlord and to thereafter adjust the square footage of the Premises, Base Rent (as defined below), and Txxxxx’s Proportionate Share (as defined below) of the Project and any other affected tenants of the Building and/or Project and all other future amounts payable by Tenant hereunder based upon the rentable area of the Premises and/or the Project.
Remeasurement. The parties acknowledge and agree that the Pro Rata Shares and Percentage Shares set forth in this Section 7 with respect to the Expansion Space represent Landlord’s remeasurement of the 4009 Miranda Building and the Complex. Accordingly, for purposes of the Expansion Space only, the rentable square footage of the 4009 Miranda Building is deemed to be 54,724 and the rentable square footage of the Complex is deemed to be 195,366.
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. Landlord remeasured the Project and the Original Office Premises, and the parties agree that effective on the Extension Commencement Date, as defined below, the Rentable Area of the Project shall be deemed to contain 1,050,761 rentable square feet of space, and the Original Office Premises shall be deemed to contain approximately 206,078 rentable square feet of space. Except as set forth in Section 5(c) below, the measurements contained herein shall be the final agreement of the parties. Notwithstanding the foregoing, the parties acknowledge that there shall be no charges or other rental adjustments applicable to the period prior to the Extension Commencement Date as a result of the foregoing remeasurement.
Remeasurement. Landlord shall remeasure the Leased Premises prior to the date Tenant takes possession of the Leased Premises. All measurements shall be made from the outside of exterior walls, shaft walls or corridors or the center of any common walls, without deduction for columns, stairs or other interior construction or equipment. If such remeasurement determines that the Leased Premises contain a different number of square feet than set forth in Article 1, the Minimum Rent, Breakpoint and Other Charges shall be adjusted retroactively and prospectively on a pro rata basis to reflect the number of square feet determined by such remeasurement; provided, however, that if such measurement reveals that the floor area of the Leased Premises is more than three percent (3%) above the figure therefore set forth in Section 1.4, then such charges hereunder shall nevertheless be increased as aforesaid but only by three percent (3%). Upon either party’s request, the revised square footage shall be confirmed in an amendment to this Lease signed by both parties. Landlord shall give Tenant 48 hours prior notice before such remeasurement and Tenant may elect to have a representative of Tenant present during such remeasurement.
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”.
Remeasurement. Landlord shall have its architect measure the Building and the Premises upon completion of construction and shall promptly provide written notice of such measurements to Tenant. Tenant shall have the one-time right, within thirty (30) following receipt of such notice, to verify the square footage by an architect that is reasonably acceptable to Landlord and Tenant, using the ANSI/BOMA-Z65.1-2010 measurement standard. In any event, if the rentable square footage of the Premises or Building is different than that set forth in this Lease, the Base Rent, Tenant’s Percentage Share and the Security Deposit shall be adjusted to reflect the actual square footage; provided, however, in no event shall the rentable square footage of the Premises be deemed to be more than 105% of the amount set forth in the Basic Lease Information.
Remeasurement. If a physical change occurs with respect to the Building or any other building(s) in the Project, Landlord's architect may, at Landlord's option, determine and redetermine the actual rentable square footage of the Building and other building(s) in the Project, and thereupon Tenant's Share and any other terms which vary based on the rentable square footage of the Building and/or other buildings in the Project, will be adjusted accordingly.
