Common use of Adjustment Due to Measurement Clause in Contracts

Adjustment Due to Measurement. The Landlord may, from time to time, at its option, shall, at its own cost, as soon as reasonably possible, but, in any event, prior to April 1, 2016, cause the Rentable Area of the Leased Premises to be measured by an Expert in accordance with the American National Standard Method for Measuring Floor Space in Office Buildings published as (ANSI Z65.l – 1996), as amended from time to time, by Building Owners and Managers Association International (hereinafter called “BOMA 1996”) and deliver a certificate of measurement to the Tenant, and, if necessary as a result of such measurement, the annual Base Rental and the calculation of Additional Rent shall be adjusted by the Landlord. The effective date of any such adjustments shall be: (a) in the case of any measurement made prior to or within six (6) months of the Commencement Date, the date the Tenant is allowed possession of the Leased Premises under this Lease; and (b) in all other cases, the date of the determination of the measurement. Any such measurement, by an Expert shall be final and binding on the Landlord and the Tenant. Neither the Landlord nor the Tenant may claim any adjustment to the annual Base Rental or to the calculation of Additional Rent based on the Rentable Area of the Leased Premises except in accordance with a measurement by an Expert made pursuant to this Section and, for greater certainty, neither the Landlord nor the Tenant may claim any adjustment to the annual Base Rental or to the calculation of Additional Rent based on such measurement for the period prior to the effective date of such adjustment as set out above.

Appears in 2 contracts

Samples: Lease (PointClickCare Corp.), Lease (PointClickCare Corp.)

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Adjustment Due to Measurement. The Landlord may, from time to time, at its option, shall, at its own cost, as soon as reasonably possible, but, in any event, prior to April 1, 2016, cause the Rentable Area of the Leased Premises to be measured by an Expert in accordance with the American National Standard Method for Measuring Floor Space in Office Buildings published as (ANSI Z65.l – 1996), as amended from time to time, by Building Owners and Managers Association International (hereinafter called “BOMA 1996”) and deliver a certificate of measurement to the Tenant, Measurement Standards and, if necessary as a result of such measurement, the annual Base Rental Basic Rent and the calculation of Additional Rent shall be adjusted by the Landlord. The effective date of any such adjustments adjustment shall be: (a) in the case of any measurement made prior to or within six (6) months of the Commencement Date, the date Commencement Date; and the Tenant is allowed possession of the Leased Premises under this Lease; and; (b) in all other cases, the first day of the calendar month that next follows the date of the determination of the measurement. Any such measurement, measurement by an Expert shall be final and binding on the Landlord and the Tenant. Neither the Landlord nor the Tenant may claim any adjustment to the annual Base Rental Basic Rent or to the calculation of Additional Rent based on the Rentable Area of the Leased Premises except in accordance with a measurement by an Expert made pursuant to this Section and, for greater certainty, neither the Landlord nor the Tenant may claim any adjustment to the annual Base Rental Basic Rent or to the calculation of Additional Rent based on such measurement for the period prior to the effective date of such adjustment as set out above.

Appears in 1 contract

Samples: Lease Agreement (Venus Concept Inc.)

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Adjustment Due to Measurement. The Landlord may, from time to time, at its option, shall, at its own cost, as soon as reasonably possible, but, in any event, prior to April 1, 2016, cause the Rentable Area of the Leased Premises to be measured by an Expert in accordance with the American National Standard Method for Measuring Floor Space in Office Buildings published as (ANSI Z65.l – 1996), as amended from time to time, by Building Owners and Managers Association International (hereinafter called “BOMA 1996”) Measurement Standards and deliver a certificate of measurement to the Tenant, and, if necessary as a result of such measurement, the annual Base Rental Basic Rent and the calculation calculations of Additional Rent shall be adjusted by the Landlord. The effective date of any such adjustments adjustment shall be: (a) .1 in the case of any measurement made prior to or within six (6) months of the Commencement Date, the date the Tenant is allowed possession of the Leased Premises under this Lease; and (b) .2 in all other cases, the date of the determination of the measurement. Any such measurement, measurement by an Expert shall be final and binding on the Landlord and the Tenant. Neither the Landlord nor the Tenant may claim any adjustment to the annual Base Rental Basic Rent or to the calculation of Additional Rent based on the Rentable Area of the Leased Premises except in accordance with a measurement by an Expert made pursuant to this Section and, for greater certainty, neither the Landlord nor the Tenant may claim any adjustment to the annual Base Rental Basic Rent or to the calculation of the Additional Rent based on such measurement for the period prior to the effective date of such adjustment as set out above.

Appears in 1 contract

Samples: Office Space Lease (Aquinox Pharmaceuticals, Inc)

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