Common use of Floor Area Clause in Contracts

Floor Area. (a) The term “floor area” as used in this Lease means, with respect to any leasable area in the Shopping Center or in the regional retail development, the aggregate number of square feet of floor space of all floor levels (to the extent reflected as floor area in the applicable leases), measured from (i) the outside faces of all perimeter walls thereof other than any party wall separating such Premises from other leasable premises, (ii) the center line of any such party wall, (iii) the outside face of any interior wall, and (iv) the building and/or leaseline adjacent to any entrance to such Premises. In the event Landlord determines that the square foot area of the Leased Premises is at variance with the square foot area stated in this Lease, Landlord may, at its option, adjust the floor area of the Leased Premises and make proportional adjustments in minimum rent, percentage rent, and promotional/Merchants’ Association charges, and other charges to Tenant under this Lease. (b) In determining the gross leasable floor area or the gross leased and occupied floor area of the Shopping Center for the purposes of calculating Tenant’s proportionate share in the manner provided in Section 2.05 of this Lease, there shall be excluded therefrom, at the sole option of Landlord, the leasable area of twenty thousand (20,000) square feet or more occupied by a single entity (which, for purposes of this Lease, shall be defined as an anchor store), the floor area of any premises leased for the operation of a post-office type or packaging or delivery facility or other public/consumer-service or governmental facility, the floor area of any space without direct customer access from the enclosed mall, if any, and the total floor area utilized by Landlord for the operation of a management office, theater, skating rink or other recreational area, child care center, community room, library, project offices, and related rooms, Common Areas and project areas, which shall be deemed amenities to the Shopping Center. The term “gross leased and occupied floor area” shall include only such areas as are leased and occupied by tenants subsequent to the dates of commencement of the terms of their respective leases. Areas shall not be considered occupied to the extent that Landlord shall not be receiving full proportionate share contributions for the same. No deduction or exclusion from floor area shall be made by reason of columns, ducts, stairs, elevators, escalators, shafts, or other interior construction or equipment. Any leasable area of fifty thousand (50,000) square feet or more which has been leased or occupied by an anchor store shall, at Landlord’s option, continue to be excluded from Shopping Center gross leasable floor area following the conversion of such area to other uses. The measurement of the gross leasable floor area and gross leased and occupied floor area of the Shopping Center, as determined from time to time by Landlord’s architect, shall be binding upon the parties. The gross leased and occupied floor area in effect for the whole of any Lease Year shall be the average of the gross leased and occupied floor area in effect on the first day of each calendar month in such Lease Year.

Floor Area. (a) The term “floor area” as used in this Lease means, with respect to any leasable area in the Shopping Center or in the regional retail development, the aggregate number of square feet of floor space of all floor levels (to the extent reflected as floor area in the applicable leases), measured from (i) the outside faces of all perimeter walls thereof other than any party wall separating such Premises from other leasable premises, (ii) the center line of any such party wall, (iii) the outside face of any interior wall, and (iv) the building and/or leaseline adjacent to any entrance to such Premises. In the event Landlord determines that the square foot area of the Leased Premises is at variance with the square foot area stated in this Lease, Landlord may, at its option, adjust the floor area of the Leased Premises and make proportional adjustments in minimum rent, percentage rent, and promotional/Merchants’ Association charges, and other charges to Tenant under this Lease. (b) In determining the gross leasable floor area or the gross leased and occupied floor area of the Shopping Center for the purposes of calculating Tenant’s proportionate share in the manner provided in Section 2.05 of this Lease, there shall be excluded therefrom, at the sole option of Landlord, the leasable area of twenty thousand (20,000) square feet or more occupied by a single entity (which, for purposes of this Lease, shall be defined as an anchor store), the floor area of any premises leased for the operation of a post-office type or packaging or delivery facility or other public/consumer-service or governmental facility, the floor area of any space without direct customer access from the enclosed mall, if any, and the total floor area utilized by Landlord for the operation of a management office, theater, skating rink or other recreational area, child care center, community room, library, project offices, and related rooms, Common Areas and project areas, which shall be deemed amenities to the Shopping Center. The term “gross leased and occupied floor area” shall include only such areas as are leased and occupied by tenants subsequent to the dates of commencement of the terms of their the r respective leases. Areas Ar as shall not be considered occupied to the extent that Landlord shall not be receiving full proportionate proport onat share contributions for the same. same No deduction or r exclusion from floor area shall be made by reason of columns, ducts, stairs, elevators, escalators, shafts, or other interior construction or equipment. Any leasable area of fifty thousand (50,000) square feet or more which has been leased or occupied by an anchor store shall, at Landlord’s option, continue to be excluded from Shopping Center gross leasable floor area following the conversion of such area to other uses. The measurement of the gross leasable floor area and gross leased and occupied floor area of the Shopping Center, as determined from time to time by Landlord’s architect, shall be binding upon the parties. The gross leased and occupied floor area in effect for the whole of any Lease Year shall be the average of the gross leased and occupied floor area in effect on the first day of each calendar month in such Lease Year.

Floor Area. (a) The term “floor area” as used in this Lease means, with respect to any leasable area in the Shopping Center or in the regional retail developmentCenter, the aggregate number of square feet of floor space of all floor levels (to the extent reflected as floor area in the applicable leases)therein, excluding any non-selling mezzanine space, measured from (i) the outside faces of all perimeter walls thereof other than any party wall separating such Premises premises from other leasable premises, ; (ii) the center line of any such party wall, ; (iii) the outside face of any interior wall, ; and (iv) the building and/or leaseline adjacent to any entrance to such Premisespremises. In the event Landlord determines that the square foot area of the Leased Premises is at variance with the square foot area stated in this Lease, Landlord may, at its option, adjust the floor area of the Leased Premises and make proportional adjustments in minimum rent, percentage rentMinimum Gross Sales, and promotional/Annual Promotional Charges or Merchants’ Association charges, Dues and other charges to Tenant under this Lease. (b) In For any particular purpose of this Lease, at Landlord’s sole option, in determining the gross leasable floor area or the gross leased and occupied floor area of the Shopping Center for the purposes of calculating Tenant’s proportionate share in the manner provided in Section 2.05 of this LeaseCenter, there shall be excluded therefrom, at therefrom (i) the sole option of Landlord, the leasable area of twenty thousand (20,000) square feet or more occupied by a single entity if Landlord so elects (whicha “department store”); (ii) the floor area utilized for automatic teller machines located in any common areas; (iii) the floor area utilized for customer services areas, for purposes of this Lease, shall be defined as an anchor store), including any ticket sales area; (iv) the floor area of any premises leased for the operation of a post-office type or packaging or delivery U.S. Government Post Office facility or other public/consumer-service or governmental facility, ; (v) the floor area of any space area without direct customer access from the enclosed mall, if any, and Mall; (vi) the total floor area utilized by Landlord for the operation of a management office, theater, skating rink or other any recreational area, child care center, community room, library, project offices, and related rooms, Common Areas common areas and project areas, which shall be deemed amenities to the Shopping Center; (vii) the picnic area or food court seating areas and any outside seating areas of any restaurants, if any; or (viii) storage premises. In addition, at Landlord’s option, areas shall not be considered floor area to the extent that Landlord shall not be receiving full proportionate share contributions for the same. The term “gross leased and occupied floor area” shall include only such areas as are leased and occupied by tenants subsequent to the dates of commencement of the terms term of their respective leases. Areas shall not be considered occupied to the extent that Landlord shall not be receiving full proportionate share contributions for the same. No deduction or exclusion from floor area shall be made by reason of columns, ducts, stairs, elevators, escalators, shafts, or other interior construction or equipment. Any leasable area of fifty thousand . (50,000c) square feet or more which has been leased or occupied by an anchor store shall, at Landlord’s option, continue to be excluded from Shopping Center gross leasable floor area following the conversion of such area to other uses. The measurement of the gross leasable floor area and gross leased and occupied floor area of the Shopping Center, as determined from time to time by Landlord’s architect, shall be binding upon the parties. The gross leased and occupied floor area in effect for the whole of any Lease Year calendar year shall be the average of the gross leased and occupied floor area in effect on the first day of each calendar month in such Lease Yearcalendar year.