Area Determination Clause Samples
The Area Determination clause defines how the specific physical boundaries or measurements of a property or premises are established within a contract. Typically, this clause outlines the methods or standards to be used for measuring the area, such as referencing a surveyor’s report, architectural plans, or industry-standard measurement practices. By clearly specifying how the area is determined, the clause helps prevent disputes over the size of the property and ensures both parties have a mutual understanding of what is being conveyed or leased.
Area Determination. If any calculation or determination by the Landlord of the Rentable Area of any premises (including the Leased Premises) or the Building is disputed or called into question, it shall be calculated or determined by the Landlord's architect or quantity surveyor from time to time appointed for the purpose, whose certificate shall be conclusive.
Area Determination. The LandlotEEinay from time to time, as it deems necessary, cause the Rentable Area of the Leased. Premises, the Building or any part thereof to be recalculated or remeasured and the cost thereof shall be included in Operating Costs (except as otherwise provided in this Section 4.08). Upon any such recalculation or remeasurement, Rent (including without limitation Basic Rent) shall be adjusted accordingly. If any calculation or determination by the Landlord of the Rentable Area of any premises (including the Leased Premises) is disputed or called in question, it shall be calculated or determined by the Landlord's architect or surveyor from time to time appointed for that purpose, whose certificate shall be conclusive and binding upon the parties hereto. The cost of such calculation or determination shall be included In Operating Costs; provided that if the Tenant disputes the Landlord's calculation or determination and the calculation or determination by the Landlord's architect or surveyor agrees with the Landlord's calculation or determination within a 2% variance, the Tenant shall pay the full cost of such calculation or determination forthwith upon demand. If the Tenant and any one or more of the other tenants in the Project are responsible to pay such costs, the Tenant shall be jointly and severally liable with such other tenant or tenants. If any error shall be found in the calculation of the Rentable Area of the Leased Premises or in the calculation of Tenant's Proportionate Share, Rent (including without limitation Basic Rent) shall be adjusted for the Fiscal Year in which that error is discovered and for the Fiscal Year preceding the Fiscal Year in which the error was discovered, if any, and thereafter but not for any prior period.
Area Determination. The Rentable Area of any premises (including the Leased Premises) or the Building shall be calculated by the Landlord's architect or surveyor from time to time appointed for the purpose, whose certificate shall be conclusive. The Landlord shall allocate the area of the Service Areas to the Rentable Area of the Leased Premises and to the other leased and leasable premises in the Building so as to result in the Landlord obtaining basic rent as if the whole of the Building had been rented to one tenant, with no deduction from Rentable Area for recessed entrances or alcoves, for columns or projections, lobbies or other areas that are Service Areas.
Area Determination. The Landlord may from time to time as it deems necessary cause the Rentable Area of the Building or any part thereof to be recalculated or remeasured and the cost thereof shall be payable by the Tenant to the Landlord forthwith upon demand. If any calculation or determination by the Landlord of the Rentable Area of the Building is disputed or called in question, it shall be calculated or determined by the Landlord’s architect or surveyor from time to time appointed for that purpose, whose certificate shall be conclusive and binding upon the parties hereto. If the Tenant disputes the Landlord’s calculation, the Tenant shall pay the full cost of such calculation or determination forthwith upon demand.
Area Determination. 24 22.10 Binding Effect: Choice of Law......................... 25 22.11
Area Determination. The Landlord may from time to time, as it deems necessary, cause the Rentable Area of the Leased Premises, the Building or any part thereof to be recalculated or remeasured and the cost thereof shall be included in General Occupancy Costs. If any calculation or determination by the Landlord of the Rentable Area of any premises (including the Leased Premises) is disputed or called in question, it shall be calculated or determined by the Landlord's architect or surveyor from time to time appointed for that purpose, whose certificate shall be conclusive and binding upon the parties hereto. The cost of such calculation or determination shall be included in General Occupancy Costs; provided that if the Tenant disputes the Landlord's calculation and the calculation or determination by the Landlord's architect or surveyor agrees with the Landlord's calculation within a two percent variance, the Tenant shall pay the full cost of such calculation or determination forthwith upon demand.
Area Determination. The Rentable Area of any premises (including the Premises) or the Building or the Park will be determined by the Landlord’s architect or surveyor from time to time appointed for the purpose. Such determination will be conclusive. For clarity, in the event the Rentable Area of the Premises is determined to be more than set out in clause 1.1(d), than Rent will be adjusted accordingly; provided, however, that the Rent will not be adjusted retroactively.
Area Determination. 9 4.09 Vacancy...........................................................9 4.10
Area Determination. 27 17.05 Successors and Assigns........................................................27 17.06 Frustration...................................................................27 17.07 Waiver........................................................................27 17.08
Area Determination. Subject to Clause 13.9 herein, in the event that any calculation or determination by the Landlord of the Rentable Area of any premises (including the Leased Premises) or the Building is disputed or called into question by the Tenant, it shall be calculated or determined by the Landlord's architect from time to time appointed for the purpose, whose certificate shall be conclusive and the cost of such certificate shall be borne by the Tenant.