MEASUREMENT OF DEMISED PREMISES Sample Clauses

MEASUREMENT OF DEMISED PREMISES. Within sixty (60) calendar days after substantial completion of the Demised Premises, either party may have the Demised Premises and Building measured by a licensed architect other than the project architect for the initial design of the Demised Premises, based on a "drip-line" measurement from the outside of the exterior walls of the Building and the Demised Premises and to the middle of any demising wall of the Demised Premises. The architect shall be subject to the other party's prior approval, which approval shall not be unreasonably withheld or delayed. The square footage so certified by such architect shall conclusively determine the square footage of the Building (the "Building Square Footage") and the square footage of the Demised Premises (the "Demised Premises Square Footage") for all purposes under this Lease, including, without limitation, calculation of Annual Base Rent and Monthly Base Rent Installments. If the Building Square Footage and the Demised Premises Square Footage differ from the amounts set forth in Sections 1(b) and 1(c) above, the Annual Base Rent and Monthly Base Rent Installments shall be adjusted on the basis of the square footage of the Building and the Demised Premises so certified by such architect, using the rental rates per square foot set forth in Section 1(d) above. In addition, Tenant's Operating Expense Percentage in Section 1(j) shall be adjusted as necessary. If neither party elects to have the Demised Premises and Building measured in accordance with this Special Stipulation 9, then the square footage of the Demised Premises and Building shall be deemed to be as set forth in Sections 1(b) and 1(c) above.
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MEASUREMENT OF DEMISED PREMISES. Landlord and Tenant shall each have the right to verify that ARTICLE 1 of this Lease accurately sets forth the Floor Area of the Demised Premises (as the term "Floor Area" is defined in Section 5.02(c)). If it is determined that the Floor Area is more than one percent greater or less than the amount set forth in ARTICLE 1, then (a) the actual Floor Area as so determined shall be used in calculating Tenant's share of Taxes pursuant to Section 5.02 and of Operating Expenses pursuant to Section 19.02; (b) the Marketing Charge payable pursuant to ARTICLE 27 shall be increased or decreased in the proportion that the actual Floor Area is greater or less than the amount specified in ARTICLE 1; and (c) if ARTICLE 1 specifies that this Lease is on a per square foot rental basis, the Minimum Annual Rentals and the Annual Breakpoints shall be increased or decreased in the proportion that the actual Floor Area is greater or less than the amount specified in ARTICLE 1.
MEASUREMENT OF DEMISED PREMISES. Landlord and Tenant have determined that the Demised Premises comprise 247,624 rentable square feet of area in accordance with the GWCAR Standard. Therefore, Article 1 of the Lease is deleted in its entirety, and in lieu thereof the following is substituted:
MEASUREMENT OF DEMISED PREMISES. To the best of Landlord’s knowledge, Tenant’s Demised Premises contains the approximate square footage as shown in Paragraph 1.1 (f) above. Landlord has initially relied on architectural drawings which give approximate dimensions, with measurements based on industry standards, or on as-built dimensions supplied by contractor. Landlord may verify actual square footage with leased square footage. In the event of an error, Landlord reserves the right to adjust Tenant’s square footage to conform to actual dimensions, and to adjust Tenant’s charges accordingly.
MEASUREMENT OF DEMISED PREMISES. It is hereby declared, understood and agreed that the position of the Demised Premises as shown in the Floor Plans annexed hereto and the measurement of the boundaries and area of the Demised Premises as given herein are believed but are not guaranteed to be correct. The Demised Premises have been staked out in accordance with the Floor Plans and have been opened to the inspection of the Tenant and shall not be the subject of any claims / dispute whatsoever. For the purpose of all measurements, the external line of all walls, partitions or, where applicable, glass lines are used, save and except for the common walls / partitions shared by two or more occupants, in which case the middle line of the common wall/partition shall be used. It is expressly declared and agreed that if there are columns in the Demised Premises, the area occupied by the columns shall be included as part of the area of the Demised Premises. For the purpose of the calculation of the rental, the area stated for the Demised Premises hereof shall be final and conclusive between the Landlord and the Tenant.

Related to MEASUREMENT OF DEMISED PREMISES

  • Condition of Demised Premises Tenant acknowledges and agrees that it shall hire and take the Demised Premises from Landlord in its present state of title, subject to all existing liens, charges, encumbrances and any other matters affecting title. Except as specifically set forth in this Lease, Tenant agrees to accept the Demised Premises “as is,” in the existing condition and state of repair as of the date hereof and without recourse to Landlord. Tenant further agrees that no representations, statements or warranties, express or implied, have been made by or on behalf of Landlord and Tenant has not relied on any representations, statements or warranties, express or implied, in respect of the Demised Premises or in respect of the condition thereof or the present or future use or occupation that may be made thereof, the zoning or other Requirements (as hereinafter defined), transferable development rights, encumbrances thereon, appurtenances, or title thereto (except as may be expressly set forth in this Lease). Without limiting the generality of the foregoing, Tenant has not relied on any representations or warranties other than as expressly set forth herein as to (1) the current or future real estate tax liability, assessment or valuation of the Demised Premises, (2) the potential qualification of the Demised Premises for any and all benefits conferred by federal, state or municipal laws, whether for subsidies, special real estate tax treatment, insurance, mortgages, or any other benefits, whether similar or dissimilar to those enumerated, (3) the compliance of the Demised Premises, in its current or any future state, with applicable zoning ordinances and the ability to obtain a change in the zoning or a variance with respect to the Demised Premises’ non-compliance, if any, with said zoning ordinances, (4) the availability of any financing for the purchase, alteration or operation of the Demised Premises from any source, (5) the current or future use of the Demised Premises, including, but not limited to, the Demised Premises’ use for residential or commercial purposes, (6) the present or future structural and physical condition of any building, (7) the presence or absence of any Requirements and any violations thereof, and (8) the presence or absence of any Hazardous Materials (as hereinafter defined), and the compliance or non-compliance with any Environmental Laws (as hereinafter defined). Landlord shall in no event whatsoever be liable for any latent or patent defects in the Demised Premises. Requirements shall mean any and all present and future laws, rules, orders, ordinances, regulations, statutes and requirements of any Governmental Authority (as hereinafter defined) relating in any way to the Demised Premises.

  • Leased Premises Lessor hereby leases to Lessee, and Lessee leases and takes from Lessor, the Leased Premises subject to the conditions of this Lease.

  • Subleased Premises Sublandlord does hereby sublease to Subtenant, and Subtenant subleases and rents from Sublandlord, the Premises (the “Subleased Premises”).

  • Demised Premises 1.1 Landlord hereby leases to Tenant and Tenant hereby leases from Landlord for the term and upon the terms, conditions, covenants and agreements hereinafter provided, the Premises. The Premises consist of space which: (i) is located on the floor or floors of the Building as is specified in Item B(1) of the Basic Lease Provisions, (ii) is located in one or more areas or parts of each such floor, and (iii) is bounded by the proposed or existing demising walls therefor, the approximate locations of such demising walls and space being marked in color or crosshatched and shown on the diagram(s) of the floor plan for each such floor, such diagram(s) being attached to this Lease as Exhibit A and made a part hereof. The Premises is to be known and called by the Suite Number or Numbers specified in Item B(1) of the Basic Lease Provisions. The appropriate number of rentable square feet contained in the Premises, as determined by Landlord, for identification purposes only, is specified in Item B(1) of the Basic Lease Provisions (the "Rentable Area"). The lease of the Premises includes the right, together with other tenants of the Building and members of the public, to use the common public areas of the Building, but includes no other rights not specifically set forth herein. Landlord shall finish the Premises as set forth in Exhibit B attached hereto and made a part hereof. It is understood and agreed that Landlord will not make and is under no obligation to make, any alterations, decorations, additions or improvements in or to the Premises, structural or otherwise, except as set forth in Exhibit B. Landlord agrees to deliver possession of the Premises to Tenant and Tenant agrees to accept the same from Landlord, upon written notice from Landlord to Tenant, that Landlord's work in the Premises described in Exhibit B has been substantially completed.

  • Use of Demised Premises (a) The Demised Premises shall be used for the Permitted Use set forth in Section 1(l) and for no other purpose.

  • The Premises Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises set forth in Section 2.2 of the Summary (the “Premises”). The outline of the Premises is set forth in Exhibit A attached hereto, and an outline of the Project is set forth in Exhibit A-1 attached hereto. The parties hereto agree that the lease of the Premises is upon and subject to the terms, covenants and conditions herein set forth, and Tenant covenants as a material part of the consideration for this Lease to keep and perform each and all of such terms, covenants and conditions by it to be kept and performed and that this Lease is made upon the condition of such performance. The parties hereto hereby acknowledge that the purpose of Exhibit A is to show the approximate location of the Premises in the “Building,” as that term is defined in Section 1.1.2, below, only, and such Exhibit is not meant to constitute an agreement, representation or warranty as to the construction of the Premises, the precise area thereof or the specific location of the “Common Areas,” as that term is defined in Section 1.1.3, below, or the elements thereof or of the accessways to the Premises or the “Project,” as that term is defined in Section 1.1.2, below. Except as specifically set forth in this Lease, Tenant shall accept the Premises in its presently existing “as-is” condition and Landlord shall not be obligated to provide or pay for any improvement work or services related to the improvement of the Premises. Tenant also acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty regarding the condition of the Premises, the Building or the Project or with respect to the suitability of any of the foregoing for the conduct of Tenant’s business, except as specifically set forth in this Lease. However, notwithstanding the foregoing, Landlord agrees that base Building electrical, mechanical, heating, ventilation and air conditioning and plumbing systems located in the Premises shall be in good working order and the roof shall be water tight as of the date Landlord delivers possession of the Premises to Tenant. Except to the extent caused by the acts or omissions of Tenant or any Tenant Parties (as defined in Section 10.13 below) by any alterations or improvements performed by or on behalf of Tenant, if such systems and/or the roof are not in good working order as of the date possession of the Premises is delivered to Tenant and Tenant provides Landlord with notice of the same within ninety (90) days following the date Landlord delivers possession of the Premises to Tenant, Landlord shall be responsible for repairing or restoring the same at Landlord’s sole cost and expense. Subject to any repairs or restoration required by the immediately preceding sentence, the commencement of business operations from the Premises by Tenant shall presumptively establish that the Premises and the Building were at such time in good and sanitary order, condition and repair. For purposes of Section 1938 of the California Civil Code, Landlord hereby discloses to Tenant, and Tenant hereby acknowledges, that the Premises, the Building and the Project have not undergone inspection by a Certified Access Specialist (CASp).

  • Premises Building Project and Common Areas 1.1 Premises, Building, Project and Common Areas.

  • Sublease Premises On and subject to the terms and conditions below, Sublandlord hereby leases to Subtenant, and Subtenant hereby leases from Sublandlord, the Sublease Premises.

  • Storage Space A. During the initial Term and any renewal thereof, Landlord agrees to lease to Tenant and Tenant accepts the space containing approximately (a) 800 square feet on the ground floor of the Building, (b) 400 square feet on the ground floor of the Building, and 65 square feet on the ground floor of the Building, as shown on EXHIBIT A-5 attached hereto (collectively, the "Storage Space"). However, notwithstanding the foregoing, the portion of the Storage Space described above containing approximately 400 rentable square feet shall not be leased to Tenant until such space becomes available, which is scheduled to occur on or about February 1, 2000. Further, the portion of the Storage Space containing 65 square feet described above is available for lease to Tenant only if Tenant pays Landlord the reasonable cost to install a demising wall and door to separately demise such space. In addition to the Storage Space described above, Tenant shall have an option to lease an additional approximately 800 square feet of storage space, located on the ground floor of the Building as shown on EXHIBIT A-6 attached hereto (the "Option Storage Space") when such Option Storage Space becomes available. Tenant shall exercise the foregoing option as follows: When Landlord informs Tenant that the Option Storage Space is available for lease by Tenant (but prior to leasing the Option Storage Space to any party other than the current occupant of such space or its successors or assigns), Tenant may elect to lease such space, upon the terms and conditions contained in this Section VII (in which event, the Option Storage Space shall be included within the definition of Storage Space hereunder), by providing written notice to Landlord within 7 days after Tenant's receipt of the notice from Landlord. Failure to provide such written notice to Landlord within the 7 day period shall be deemed a waiver of Tenant's option rights with respect to the Option Storage Space. The Storage Space shall be used by Tenant for the storage of equipment, inventory or other non-perishable items normally used in Tenant's business, and for no other purpose whatsoever. Tenant agrees to keep the Storage Space in a neat and orderly fashion and to keep all stored items in cartons, file cabinets or other suitable containers. All items stored in the Storage Space shall be elevated at least 6 inches above the floor on wooden pallets, and shall be at least 18 inches below the bottom of all sprinklers located in the ceiling of the Storage Space, if any. Tenant shall not store anything in the Storage Space which is unsafe or which otherwise may create a hazardous condition, or which may increase Landlord's insurance rates, or cause a cancellation or modification of Landlord's insurance coverage. Without limitation, Tenant shall not store any flammable, combustible or explosive fluid, chemical or substance nor any perishable food or beverage products, except with Landlord's prior written approval. Landlord reserves the right to adopt and enforce reasonable rules and regulations governing the use of the Storage Space from time to time. Upon expiration or earlier termination of this Lease or Tenant's rights under this Section, Tenant shall completely vacate and surrender the Storage Space to Landlord in accordance with the terms of this Lease. Without limitation, Tenant shall leave the Storage Space in the condition in which it was delivered to Tenant, reasonable wear and tear excepted, broom-clean and empty of all personalty and other items placed therein by or on behalf of Tenant.

  • Base Building “Base Building” means the Building Structure and Mechanical Systems, collectively, defined as follows:

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