Common use of Rentable Square Feet Clause in Contracts

Rentable Square Feet. The rentable square feet of the Premises are approximately as set forth in Section 6.1 of the Summary. For purposes hereof, the “rentable square feet” of the Premises and the Building and other buildings in the Building Complex has been calculated by Landlord pursuant to the Standard Method for Measuring Floor Area in Office Buildings, ANSI Z65.1-2017 (“BOMA”), as modified for the Building Complex pursuant to Landlord’s standard rentable area measurements for the Building Complex, to include, among other calculations, a portion of the common areas and service areas of the Building and other buildings in the Building Complex. Landlord’s space planner/architect shall remeasure the rentable square feet of the Premises in accordance with the provisions of this Section 1.3 and the results thereof shall be presented to Tenant in writing. Tenant’s space planner/architect may review Landlord’s space planner/architect’s determination of the number of rentable square feet and usable square feet of the Premises and Tenant may, within fifteen (15) business days after Xxxxxx’s receipt of Landlord’s space planner/architect’s written determination, object to such determination by written notice to Landlord. Tenant’s failure to deliver written notice of such objection within said fifteen (15) business day period shall be deemed to constitute Tenant’s acceptance of Landlord’s space planner/architect’s determination. If Tenant objects to such determination, Xxxxxxxx’s space planner/architect and Xxxxxx’s space planner/architect shall promptly meet and attempt to agree upon the rentable and usable square footage of the Premises. If Xxxxxxxx’s space planner/architect and Xxxxxx’s space planner/architect cannot agree on the rentable and useable square footage of the Premises within thirty (30) days after Xxxxxx’s objection thereto, Landlord and Tenant shall mutually select an independent third party space measurement professional to field measure the Premises under the BOMA standard. Such third party independent measurement professional’s determination shall be conclusive and binding on Landlord and Tenant. Landlord and Tenant shall each pay one-half (1/2) of the fees and expenses of the independent third party space measurement professional. If the Lease Term commences prior to such final determination, Landlord’s determination shall be utilized until a final determination is made, whereupon an appropriate adjustment, if necessary, shall be made retroactively, and Landlord shall make appropriate payment (if applicable) to Tenant.

Rentable Square Feet. The rentable square feet of the Premises are -------------------- approximately as set forth in Section 6.1 2.2 of the Summary, and the rentable ----------- square feet of the Building is approximately as set forth in Section 2.1 of the ----------- Summary. For purposes hereof, the “"rentable square feet” " of the Premises Premises, and the Building and other buildings in the Building Complex has been Must Take Space shall be calculated by Landlord pursuant to the Standard Method for Measuring Floor Area in Office Buildings, ANSI Z65.1-2017 1996 (“"BOMA”"), as modified for the Building Complex Project pursuant to Landlord’s 's standard rentable area measurements for the Building ComplexProject, to include, among other calculations, (i) a portion of the common areas Common Areas and service areas of the Building Project, and other buildings in (ii) the Building Complexvertical penetrations of the Project used for telecommunications and utility purposes (i.e. the bus duct risers and conduit chases). Landlord’s space planner/architect shall remeasure The rentable square feet of the Premises, the rentable square feet of the Premises Must Take Space and the rentable square feet of the Building are not subject to adjustment or remeasurement by Tenant, but shall be remeasured by Landlord within ninety (90) days following the delivery of the respective Premises, Expansion Space and any First Offer Space to Tenant, and which measurements are subject to verification from time to time by Landlord through Landlord's planner/designer, and such verification shall be made in accordance with the provisions of this Section 1.3 and the results thereof shall be presented to Tenant in writing------- 1.4. Tenant’s space The determination of Landlord's planner/architect may review Landlord’s space planner/architect’s determination of the number of rentable square feet and usable square feet of the Premises and Tenant may, within fifteen (15) business days after Xxxxxx’s receipt of Landlord’s space planner/architect’s written determination, object to such determination by written notice to Landlord. Tenant’s failure to deliver written notice of such objection within said fifteen (15) business day period shall be deemed to constitute Tenant’s acceptance of Landlord’s space planner/architect’s determination. If Tenant objects to such determination, Xxxxxxxx’s space planner/architect and Xxxxxx’s space planner/architect shall promptly meet and attempt to agree upon the rentable and usable square footage of the Premises. If Xxxxxxxx’s space planner/architect and Xxxxxx’s space planner/architect cannot agree on the rentable and useable square footage of the Premises within thirty (30) days after Xxxxxx’s objection thereto, Landlord and Tenant shall mutually select an independent third party space measurement professional to field measure the Premises under the BOMA standard. Such third party independent measurement professional’s determination designer shall be conclusive and --- binding on Landlord upon the parties. In the event that Landlord's planner/designer determines that the rentable square footage shall be different from those set forth in this Lease, all amounts, percentages and figures appearing or referred to in this Lease based upon such incorrect rentable square feet (including, without limitation, the amount of the Base Rent and Tenant. Landlord and Tenant 's Share) shall each pay one-half (1/2) of the fees and expenses of the independent third party space measurement professionalbe modified in accordance with such determination. If the Lease Term commences prior to such final determination, Landlord’s determination shall be utilized until a final determination is made, whereupon an appropriate adjustment, if necessary, shall it will be made retroactively, and confirmed in writing by Landlord shall make appropriate payment (if applicable) to Tenant.. *CONFIDENTIAL TREATMENT REQUESTED CONFIDENTIAL PORTION HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. ARTICLE 2 --------- LEASE TERM; OPTION TERMS ------------------------

Rentable Square Feet. The rentable square feet of the Premises are approximately as set forth actual Rentable Square Feet and Useable Square Feet in Section 6.1 of the Summary. For purposes hereof, the “rentable square feet” of the Premises and the Building and other buildings in the Building Complex has been Leased Premises shall be calculated by Landlord pursuant to the Standard Method for Measuring Floor Area in Office Buildings, ANSI Z65.1-2017 (“BOMA”), as modified for the Building Complex pursuant to Landlord’s standard rentable area measurements for the Building Complex, to include, among other calculations, a portion of the common areas and service areas of the Building and other buildings in the Building Complex. Landlord’s space planner/architect shall remeasure the rentable square feet of the Premises in accordance with Standard Methods of Measurement (ANSI/BOMA Z65.1‑2010). Landlord shall measure the provisions of this Section 1.3 and the results thereof shall be presented to Tenant in writing. Tenant’s space planner/architect may review Landlord’s space planner/architect’s determination of the number of rentable square feet and usable square feet of the Premises and Tenant may, within fifteen (15) business days after Xxxxxx’s receipt of Landlord’s space planner/architect’s written determination, object to such determination by written notice to Landlord. Tenant’s failure to deliver written notice of such objection within said fifteen (15) business day period shall be deemed to constitute Tenant’s acceptance of Landlord’s space planner/architect’s determination. If Tenant objects to such determination, Xxxxxxxx’s space planner/architect and Xxxxxx’s space planner/architect shall promptly meet and attempt to agree upon the rentable and usable square footage of the Premises. If Xxxxxxxx’s space planner/architect and Xxxxxx’s space planner/architect cannot agree on the rentable and useable square footage of the Leased Premises within thirty (30) days of the “Commencement Date” (as defined in Section 2.2(b) below) and shall notify Tenant in writing of the Rentable Square Feet in the Leased Premises. If Tenant disagrees with Landlord’s measurements, then no later than sixty (60) days after Xxxxxxthe Commencement Date, or, if later, thirty (30) days after Landlord shall advise Tenant in writing of Landlord’s objection theretodetermination of Rentable Square Feet in the Leased Premises and the Building, Tenant may elect in writing delivered to Landlord to have the Leased Premises and the Building measured. Such measurements by or for Tenant shall mutually select be made at Tenant’s cost by an independent third party space measurement professional architect selected by Tenant. If Tenant does not timely elect in writing to field measure the Premises under Leased Premises, the BOMA standard. Such third party independent measurement professionalLandlord’s determination measurements shall be binding and conclusive and binding on Landlord and Tenant. Once Tenant’s measurements are determined, they shall be disclosed by Tenant to Landlord in writing. If Landlord agrees with such measurements or fails to deliver to Tenant written notice of its disagreement with such measurements within thirty (30) days of Landlord’s receipt of the results of Tenant’s measurements, then Tenant’s measurements shall be binding and conclusive on Landlord and Tenant. If Landlord disagrees with Tenant’s measurements, Landlord shall send Tenant written notice of such disagreement within thirty (30) days of Landlord’s receipt of Tenant’s measurements, and Landlord and Tenant shall each pay one-half then work in good faith to resolve such dispute; provided, if Landlord and Tenant cannot resolve such dispute within thirty (1/230) days of Landlord’s notifying Tenant that Landlord disputes Tenant’s measurements (the “Measurement Dispute Period”), then Tenant’s architect and Landlord’s architect shall within ten (10) days following the end of the Measurement Dispute Period select a third independent architect which has at least ten (10) years of experience to perform such measurements. The fees for such third party independent architect shall be shared equally by Landlord and expenses Tenant. The measurements of the independent third party space architect shall be completed within thirty (30) days of the selection of such third architect and shall be binding and conclusive on Landlord and Tenant. Upon the final resolution or determination of the measurement professional. If for the Leased Premises pursuant to this Section 1.4, the re-measured and re-determined Rentable Square Feet shall then become the Rentable Square Feet of the Leased Premises, effective as of the date of the Commencement Date, in which case the Basic Annual Rent, the “Additional Rent” (as defined below), the Tenant Improvement Allowance, and any other terms or conditions in the Lease Term commences prior to such final determination, Landlord’s determination that are based on Rentable Square Feet in the Leased Premises shall be utilized until a final determination is made, whereupon an appropriate adjustment, if necessary, shall be made retroactively, and Landlord shall make appropriate payment (if applicable) adjusted to Tenantreflect the finally determined Rentable Square Feet in the Leased Premises.

Rentable Square Feet. The rentable square feet “Rentable Square Feet” of the Project and Premises are approximately as set forth in Section 6.1 indicated on the attached Exhibit A-7. The Rentable Square Feet of the SummaryPhase 2 Premises shall be adjusted upon any reduction to Lxxx 1 to accommodate construction of Lxxx 3, if such construction occurs at any time after the Effective Date. For purposes hereofRentable Square Feet shall be measured throughout the Term in accordance with the BOMA Standard. Until Landlord provides the initial notice of Rentable Square Feet described below, the “Rentable Square Feet” of the Premises, Buildings and Project will be deemed to be the approximations referenced above in this Lease and Monthly Base Rent and Tenant’s Building Share and Tenant’s Pro Rata Share will be based on these approximate sizes. The Project includes land that may be developed with an additional Building containing additional rentable square feet” space, the result of which could be a substantial increase in the Rentable Square Feet of the Project (and, because of an increase in Common Area, a possible change to the Rentable Square Feet of the Premises and Tenant’s Pro Rata Share of the Building Project). Within 30 days after Substantial Completion of the TI Work of the Phase 1 Premises, the Phase 2 Premises, and other buildings in if applicable, the Building Complex has been calculated by Phase 3 Premises and any expansion space, Landlord pursuant to shall give Tenant written notice of the Standard Method for Measuring Floor Area in Office Buildings, ANSI Z65.1-2017 (“BOMA”), as modified for Rentable Square Feet of the Building Complex pursuant to Landlord’s standard rentable area measurements for the Building Complex, to include, among other calculations, a respective portion of the common areas Project included in the Premises as determined in accordance with the BOMA Standard and service areas the resulting Tenant’s Building Share for each Building in which the Premises are located and Tenant’s Pro Rata Share, along with a copy of the Building plans and other buildings drawings (including access to electronic CAD format, if available) on which such determination was based (the “RSF Notice”). Tenant shall have the right to review Landlord’s Rentable Square Feet calculation for the applicable portion of the Premises, applicable Building(s) and Project (and Landlord shall reasonably cooperate in the Building Complex. making Landlord’s space planner/architect shall remeasure the rentable square feet of the Premises in accordance with the provisions of this Section 1.3 and the results thereof shall be presented available to Tenant in writing. Tenant’s space planner/architect may review for discussion of such calculation) during the 30-day period following Landlord’s space planner/architect’s determination delivery of the number of rentable square feet each RSF Notice, and usable square feet of the Premises and Tenant may, within fifteen (15) business days after Xxxxxx’s receipt of Landlord’s space planner/architect’s written determination, to reasonably object to such determination by written notice to Landlord within such 30-day period. Unless Tenant objects to Landlord. Tenant’s failure calculation of Rentable Square Feet in the RSF Notice within 30 days after the date of the RSF Notice by delivering written notice to deliver Landlord stating that Landlord’s measurement of the Rentable Square Feet of the respective Premises or Project is inaccurate, accompanied by reasonable evidence of such inaccuracy certified by an unaffiliated architect or space planner, Landlord’s determination set forth in the RSF Notice will be binding on both Landlord and Tenant throughout the Term, unless and until a physical change to the Rentable Square Feet of the Premises any Building or Project occurs (at which time Landlord will measure the modified portions of the Premises, Building(s) and/or Project, as applicable in accordance with the BOMA Standard and give Tenant written notice of such objection within said fifteen (15) business day period shall be deemed to constitute the Rentable Square Feet of the Premises and Tenant’s acceptance Building Share and Tenant’s Pro Rata Share and, unless Tenant objects and establishes in the manner described above within 30 days after the date of Landlord’s space planner/architectnotice of the foregoing that Landlord’s determinationmeasurement of the Rentable Square Feet of the Premises, Building or Project is inaccurate, Landlord’s determination will be binding on both Landlord and Tenant throughout the Term unless and until another physical change to the Rentable Square Feet of the Premises or Project occurs, etc.) Tenant acknowledges that Rentable Square Feet includes Tenant’s allocable share of certain Common Area, including the Special Common Facilities, in accordance with the applicable provisions of the BOMA Standard. If Tenant timely objects to such determinationLandlord’s determination of Rentable Square Feet in any RSF Notice, XxxxxxxxLandlord’s space planner/architect and XxxxxxTenant’s space planner/architect shall promptly meet and attempt to agree upon the rentable and usable square footage mutually-acceptable Rentable Square Feet of the Premises. If XxxxxxxxLandlord’s space planner/architect and XxxxxxTenant’s space planner/architect cannot agree on the rentable and useable square footage Rentable Square Feet of the Premises within thirty (30) days after XxxxxxTenant’s objection delivery of its written notice objecting thereto, Landlord and Tenant shall mutually select an independent third party space measurement professional to field measure the Premises under the BOMA standardStandard. Such third party independent measurement professional’s determination shall be conclusive and binding on Landlord and Tenant. , and Landlord and Tenant shall each pay one-half (1/2) of the fees and expenses of the independent third third-party space measurement professional. If the Lease Term commences prior to such final determination, Landlord’s determination shall be utilized until a final determination is made, whereupon an appropriate adjustment, if necessary, shall be made retroactively, and Landlord shall make appropriate payment (if applicable) to Tenant.

Rentable Square Feet. The rentable square feet of for the Premises are approximately as set forth in Section 6.1 of the Summary. For purposes hereof, the “"rentable square feet” " of the Premises and the Building and other buildings in the Building Complex has been shall be calculated by Landlord pursuant with respect to the Standard Method for Measuring Floor Area in Office Buildings, ANSI Z65.1-2017 (“BOMA”), as modified for the Building Complex rentable square footage pursuant to Landlord’s 's standard rentable area measurements for the Building ComplexProject, to include, among other calculations, a portion of the common areas Common Areas and service areas of attributable to the Building and other buildings in the Other Existing Building. The rentable square feet of the Premises and the Building Complex. Landlord’s space planner/architect shall remeasure are not subject to adjustment or remeasurement by Tenant, but the rentable square feet of the Premises and the rentable square feet of the Building are subject to verification from time to time by Landlord's planner/designer and such verification shall be made in accordance with the provisions of this Section 1.3 and the results thereof shall be presented to Tenant in writing1.3. Tenant’s space 's architect may consult with Landlord's planner/architect may review Landlord’s space planner/architect’s determination of designer regarding such verification, except to the number of extent it relates to the rentable square feet and usable square feet of the Premises and Tenant mayBuilding; provided, within fifteen (15) business days after Xxxxxx’s receipt however, the determination of Landlord’s space 's planner/architect’s written determination, object to such determination by written notice to Landlord. Tenant’s failure to deliver written notice of such objection within said fifteen (15) business day period designer shall be deemed to constitute Tenant’s acceptance of conclusive and binding upon the parties. In the event that Landlord’s space 's planner/architect’s designer determines that the rentable square footage amounts shall be different from those set forth in this Lease, all amounts, percentages and figures appearing or referred to in this Lease based upon such incorrect rentable square feet (including, without limitation, the amount of the Base Rent and Tenant's Share) shall be modified in accordance with such determination. If Tenant objects such determination is made, it will be confirmed in writing by Landlord to such determinationTenant. Notwithstanding the foregoing, Xxxxxxxx’s space planner/architect and Xxxxxx’s space planner/architect shall promptly meet and attempt to agree upon Landlord hereby agrees that, during the initial Lease Term, the rentable and usable square footage of the Premises. If Xxxxxxxx’s space planner/architect and Xxxxxx’s space planner/architect cannot agree on the rentable and useable square footage of the Premises within thirty (30) days after Xxxxxx’s objection thereto, Landlord and Tenant shall mutually select an independent third party space measurement professional only be redetermined upon a physical change to field measure the size of the Premises under or as the BOMA standard. Such third party independent measurement professional’s determination shall be conclusive and binding on Landlord and Tenant. Landlord and Tenant shall each pay one-half (1/2) result of a new load factor applicable to tenants of the fees and expenses of the independent third party space measurement professional. If the Lease Term commences prior Building due to such final determination, Landlord’s determination shall be utilized until a final determination is made, whereupon an appropriate adjustment, if necessary, shall be made retroactively, and Landlord shall make appropriate payment (if applicable) to Tenantnew common area amenities.