Common use of Measurement of Premises Clause in Contracts

Measurement of Premises. Within thirty (30) days following completion of Landlord’s Work as provided herein Tenant, at its sole cost and expense, shall have the right to cause a licensed architect or surveyor to measure the Premises for deviations in the usable square footage of the Premises using the BOMA office building standard of measurement (the “Tenant Remeasurement”). If Tenant elects to have the Premises remeasured, Tenant may provide the findings of the Tenant Remeasurement to Landlord on or prior to the expiration of the thirty (30) day period. If Tenant fails to deliver the findings of the Tenant Remeasurement to Landlord on or prior to the expiration of the thirty (30) day period, the usable square footage of the Premises Area stated in Paragraph 1.5 shall control for all purposes under this Lease. If the usable square footage of the Premises in any such Tenant’s Remeasurement timely provided to Landlord differs from the usable square footage of the Premises Area stated in Paragraph 1.5, the parties, in good faith, shall resolve the disparity in the measurement of the usable square footage of the Premises and shall agree upon the correct usable square footage of the Premises within ten (10) days following receipt by Landlord of Tenant’s Remeasurement. Following the determination of the usable square footage of the Premises as set forth in this Paragraph 2.2, the Base Rent set forth in Paragraph 1.10 and Tenant’s Proportionate Share shall be recalculated (subject to the provisions of Paragraph 9.2 and the Load Factor as set forth in Paragraph 1.12) and shall be confirmed in a writing executed by both Landlord and Tenant.

Measurement of Premises. Within thirty By execution of this Lease, Tenant hereby stipulates that all the information relating to the rentable square footage of the Premise and Tenant’s Proportionate Share are the amounts set forth in the Basic Lease Information. Notwithstanding the foregoing, for a period of sixty (3060) days following completion of Landlord’s Work as provided herein the Commencement Date, Tenant, at its sole cost and expensecost, shall have the right right, but not the obligation, to cause a licensed architect or surveyor to measure confirm the Premises for deviations in the rentable and usable square footage of the Premises using by independent measurement. For such purpose, the BOMA office building standard measurement of measurement (the “Tenant Remeasurement”). If Tenant elects to have usable area of the Premises remeasuredshall be in accordance with the Building Owners and Managers Association Standard Method for Measuring Floor Area in Office Buildings (ANSI Z65.1-1996), Tenant may provide and the findings of the Tenant Remeasurement to Landlord on or prior to the expiration of the thirty (30) day period. If Tenant fails to deliver the findings of the Tenant Remeasurement to Landlord on or prior to the expiration of the thirty (30) day period, the usable rentable square footage of the Premises Area stated in Paragraph 1.5 shall control for all purposes under this Lease. If be deemed to be the usable square footage of the Premises in any such Tenant’s Remeasurement timely provided to Landlord differs from the usable square footage of the Premises Area stated in Paragraph 1.5, the parties, in good faith, shall resolve the disparity in the measurement total of the usable square footage of area as so measured plus the amount obtained by multiplying said usable area by fourteen and eighty-four hundreds percent (14.84%). If Tenant, within such time period, causes the Premises to be re-measured, and shall agree upon such re-measurement is done in accordance with the correct usable square footage of the Premises within ten (10) days following receipt standards contained herein, and such re-measurement is approved by Landlord of Tenant’s Remeasurement. Following (which approval shall not be unreasonably withheld or delayed), and the determination of the usable rentable square footage of the Premises as so measured differs from that set forth in the Basic Lease Information, Tenant and Landlord shall amend this Paragraph 2.2Lease to reflect such revised rentable area of the Premises. If Tenant does not elect to re-measure the Premises within such time period, the Base Rent rentable area of the Premises set forth in Paragraph 1.10 and Tenant’s Proportionate Share the Basic Lease Information shall be recalculated (subject to the provisions of Paragraph 9.2 and the Load Factor as set forth in Paragraph 1.12) and shall be confirmed in a writing executed by both binding upon Landlord and Tenant.

Measurement of Premises. Within thirty By execution of this Lease, Tenant hereby stipulates that all the information relating to the rentable square footage of the Premise and Tenant's Proportionate Share are the amounts set forth in the Basic Lease Information. Notwithstanding the foregoing, for a period of sixty (3060) days following completion of Landlord’s Work as provided herein the Commencement Date, Tenant, at its sole cost and expensecost, shall have the right right, but not the obligation, to cause a licensed architect or surveyor to measure confirm the Premises for deviations in the rentable and usable square footage of the Premises using by independent measurement. For such purpose, the BOMA office building standard measurement of measurement the usable area of the Premises shall be in accordance with the Building Owners and Managers Association Standard Method for Measuring Floor Area in Office Buildings (ANSI Z65.1-1996), and multiplying the “Tenant Remeasurement”resulting number by seventeen percent (17.00%). If Tenant elects to have Tenant, within such time period, causes the Premises to be remeasured, Tenant may provide and such remeasurement is coordinated with Landlord and done in accordance with the findings of standards contained herein, and such remeasurement is approved by Landlord (which approval shall not be unreasonably withheld or delayed), and the Tenant Remeasurement to Landlord on or prior to the expiration of the thirty (30) day period. If Tenant fails to deliver the findings of the Tenant Remeasurement to Landlord on or prior to the expiration of the thirty (30) day period, the usable rentable square footage of the Premises Area stated differs from that set forth in Paragraph 1.5 the Basic Lease Information, Tenant and Landlord shall control for all purposes under amend this LeaseLease to reflect such revised rentable area of the Premises. If Tenant does not elect to remeasure the usable square footage Premises within such time period, the rentable area of the Premises in any such Tenant’s Remeasurement timely provided to Landlord differs from the usable square footage of the Premises Area stated in Paragraph 1.5, the parties, in good faith, shall resolve the disparity in the measurement of the usable square footage of the Premises and shall agree upon the correct usable square footage of the Premises within ten (10) days following receipt by Landlord of Tenant’s Remeasurement. Following the determination of the usable square footage of the Premises as set forth in this Paragraph 2.2, the Base Rent set forth in Paragraph 1.10 and Tenant’s Proportionate Share Basic Lease Information shall be recalculated (subject to the provisions of Paragraph 9.2 and the Load Factor as set forth in Paragraph 1.12) and shall be confirmed in a writing executed by both binding upon Landlord and Tenant.. [If Tenant wants to verify the Building measurement they can do so but it will be at Tenant's cost. Incidentally, the measurement was done by Nielsen and Associates]

Measurement of Premises. Within thirty (30) days following completion of Landlord’s Work as provided herein TenantOn or before Substantial Completion Date, at its sole cost and expense, Landlord shall have cause the right to cause a licensed architect or surveyor Project Architect to measure the Premises for deviations in the usable gross square footage of the Premises using Building (“Square Footage of the BOMA office building standard of measurement (the “Tenant RemeasurementBuilding”). If Tenant elects to have the Premises remeasuredFor purposes of this Lease, Tenant may provide the findings of the Tenant Remeasurement to Landlord on or prior to the expiration of the thirty (30) day period. If Tenant fails to deliver the findings of the Tenant Remeasurement to Landlord on or prior to the expiration of the thirty (30) day period, the usable gross square footage of the Premises Area stated Building shall mean gross area of the Building calculated in Paragraph 1.5 shall control for all purposes under this Leaseaccordance with the BOMA International, Industrial Buildings: Standard Methods of Measurement, ANSI X00.0-0000, Xxxxxx A (“Architect’s Determination”). If the usable The square footage of any second floor office space that Tenant elects to build shall not be included in the Premises Square Footage of the Building. If Tenant shall dispute Architect’s Determination (which dispute shall be based solely upon whether Architect has accurately measured the gross area and determined the gross square footage in any such accordance with the foregoing standards), Tenant may contest Architect’s Determination by sending Landlord a written notice (“Contest Notice”) within seven (7) days following Tenant’s Remeasurement timely provided to Landlord differs from receipt of Architect’s Determination. If Tenant does not send the usable square footage Contest Notice within such time period, Architect’s Determination shall be final and binding on Tenant and the amount of the Premises Area stated in Paragraph 1.5Base Rent and Landlord’s Contribution shall be amended to reflect Architect’s Determination. If Tenant sends the Contest Notice within the time period set forth above, the parties, in good faith, shall resolve the disparity in the measurement then within seven (7) days of Landlord’s receipt of the usable square footage Contest Notice from Tenant, Landlord and Tenant shall jointly appoint an architect (the “Neutral”) to field measure the gross area of the Premises Building in accordance with the BOMA Standard and shall agree upon the correct usable square footage calculate of the Premises within gross square footage, and in such event the amount of the Base Rent and Landlord’s Contribution shall be amended accordingly, based on such field measurements by the Neutral. The Neutral must be an architect with ten (10) days following receipt by years of experience and familiar with BOMA definitions and the BOMA Standard. If Landlord and Tenant are unable to agree upon a Neutral within such 7-day period, then either party may, upon at least five (5) days’ prior written notice to the other party, request the Presiding Judge of Tenant’s Remeasurement. Following and for the determination of San Xxxxxxx Superior Court, acting in his private and nonjudicial capacity, to appoint a neutral (who shall meet the usable square footage of the Premises as criteria set forth in this Paragraph 2.2hereinabove). If the determination by the Neutral is within plus or minus three percent (3%) of the Architect’s Determination, the Base Rent set forth in Paragraph 1.10 and Tenant’s Proportionate Share cost of the Neutral shall be recalculated paid by Tenant. If the determination by the Neutral is not within plus or minus three percent (subject to 3%) of the provisions Architect’s Determination the cost of Paragraph 9.2 and the Load Factor as set forth in Paragraph 1.12) and Neutral shall be confirmed in a writing executed paid by both Landlord and TenantLandlord.

Measurement of Premises. (a) Landlord and Tenant acknowledge that the rentable area of the Premises set forth in the Basic Lease Information was determined by Tenant’s architect, Xxxxxxx Xxxxxxxxx (“Tenant’s Architect”). Within thirty (30) days following completion of Landlord’s Work as provided herein Tenantafter the Commencement Date, at its sole cost and expense, Tenant shall have the right deliver to cause Landlord or a licensed architect or surveyor to measure designated by Landlord experienced in commercial office design (“Landlord’s Architect”), electronic “CAD” drawings of the Premises for deviations in prepared by Tenant’s Architect, along with the usable detailed calculations of the square footage of the Premises using derived therefrom. Landlord shall have a period ending ninety (90) days after the BOMA office building standard Commencement Date to verify the measurement of measurement (the “Premises and notify Tenant Remeasurement”)if it disputes the calculation of the rentable area, as set forth in the Basic Lease Information, and to provide the calculation of the rentable area of the Premises as determined by Landlord’s Architect to Tenant. If Tenant elects to have the Premises remeasured, Tenant may provide the findings of the Tenant Remeasurement to Landlord on or determines prior to the expiration of said ninety (90) day period that it will not dispute the calculation of rentable area, it shall notify Tenant of such determination in writing. Landlord’s Architect shall be provided reasonable access to the Premises upon reasonable advance notice to inspect the Premises in connection with the verification of such measurement. If Landlord fails to notify Tenant within the time period provided above that it objects to the calculation of the rental area, as set forth in the Basic Lease Information, Landlord shall be deemed to have accepted such calculation and there shall be no adjustment to the rentable area or Base Rent pursuant to this Section 2.2. If Landlord timely notifies objects to the calculation of the rental area, as set forth in the Basic Lease Information, Landlord and Tenant shall arrange a meeting with both Landlord’s Architect and Tenant’s Architect, to occur within thirty (30) day perioddays after Tenant’s receipt of Landlord’s notice of objection, to determine the reasons for the discrepancy and to attempt to reach agreement upon the calculation of the rentable area of the Premises. If Landlord and Tenant fails are not able to deliver reach such agreement within fifteen (15) days after such meeting, or if such meeting does not occur, then within sixty (60) days after Tenant’s receipt of Landlord’s notice of objection, Landlord’s Architect and Tenant’s Architect shall designate a third licensed architect experienced in commercial office design (the findings “Third Architect”) who shall be provided with electronic “CAD” drawings of the Premises prepared by Tenant’s Architect, but shall not be provided with the calculations or determination of square footage made by either Tenant’s Architect or Landlord’s Architect. The Third Architect shall not have performed services for either Landlord or Tenant Remeasurement within five (5) years preceding his or her appointment. If Landlord’s Architect and Tenant’s Architect are not able to Landlord on or prior agree upon the Third Architect, either party may apply to the expiration President of the San Francisco chapter of the American Institute of Architects to appoint the Third Architect, who shall meet the criteria set forth above. The Third Architect shall be provided reasonable access to the Premises upon reasonable advance notice to inspect the Premises in connection with the verification of such measurement. Within thirty (30) day perioddays after appointment of the Third Architect, the usable square footage Third Architect shall present his determination of the rentable area of the Premises Area stated in Paragraph 1.5 to Landlord and Tenant at a meeting for such purpose. If the rentable area as determined by the Third Architect is exactly equal to the average of the rentable area as determined by Landlord’s Architect and Tenant’s Architect, respectively, then the rentable area as determined by the Third Architect shall control be the rentable area for all purposes under of this Lease. If In all other cases, the usable square footage rentable area of the Premises in any such for all purposes of this Lease shall be that determined by Landlord’s Architect or Tenant’s Remeasurement timely provided Architect, whichever is closest to the rentable areas as determined by the Third Architect. Landlord differs from the usable square footage shall pay all fees and expenses of the Premises Area stated in Paragraph 1.5Landlord’s Architect, the parties, in good faith, Tenant shall resolve the disparity in the measurement of the usable square footage of the Premises pay all fees and shall agree upon the correct usable square footage of the Premises within ten (10) days following receipt by Landlord expenses of Tenant’s Remeasurement. Following the determination Architect, and Landlord and Tenant shall each pay one-half of the usable square footage fees and expenses of the Premises as set forth in this Paragraph 2.2, the Base Rent set forth in Paragraph 1.10 and Tenant’s Proportionate Share Third Architect. All determinations of rentable area pursuant hereto shall be recalculated made in accordance with the methods of measuring rentable area as described in the Standard Method for Measuring Floor Area in Office Buildings, ANSI Z65.1 1996, promulgated by the Building Owners and Managers Association (subject to the provisions of Paragraph 9.2 and the Load Factor as set forth in Paragraph 1.12BOMA) and shall be confirmed in a writing executed by both Landlord and TenantInternational.

Measurement of Premises. Within thirty (30) days following completion of Landlord’s Work as provided herein TenantOn or before the Rental Commencement Date, at its sole cost and expense, Landlord shall have the right to cause a licensed architect or surveyor to measure the Premises for deviations in the usable square footage manner hereafter provided and shall give Tenant notice of the Floor Area so determined. The Premises using shall be measured (a) with respect to the BOMA office building standard front and rear width thereof, from the center of the demising wall of the adjacent tenant premises, or, if not adjoining any other tenant premises, from the exterior face of the adjacent exterior or corridor wall, and (b) with respect to the depth thereof, from the front lease line (as designated on the Lease Outline Drawings to be prepared by the Landlord pursuant to the Work Schedules) to the center of the demising wall of the adjacent tenant premises, or, if not adjoining any other tenant premises on the rear wall, to the exterior face of the rear exterior wall, or corridor wall; and in no case shall there be any deduction for columns or other structural elements or mechanical systems (including equipment and related duct work) within any tenant's premises. Tenant may request that Landlord's architect or engineer re- measure the Premises and certify the same to the parties. If, after Tenant's request for re-measurement, the revised Floor Area pursuant to such re- measurement (is less than the “Tenant Remeasurement”)Floor Area as originally measured by Landlord, then Landlord shall pay the cost of the re-measurement. If said revised Floor Area is equal to or greater than the Floor Area as originally measured by Landlord, then Tenant elects shall pay for the cost of re-measurement or shall reimburse Landlord for same, as the case may be. The Floor Area, as determined by Landlord, shall be deemed to have the Premises remeasured, Tenant may provide the findings of the Tenant Remeasurement to Landlord on or prior to the expiration of the thirty (30) day period. If Tenant fails to deliver the findings of the Tenant Remeasurement to Landlord on or prior to the expiration of the thirty (30) day period, the usable square footage of the Premises be Tenant's Floor Area stated in Paragraph 1.5 shall control for all purposes under of this Lease. If the usable square footage of the Premises in any such Tenant’s Remeasurement timely provided to Landlord differs from the usable square footage of the Premises Area stated in Paragraph 1.5, the parties, in good faith, shall resolve the disparity in the measurement of the usable square footage of the Premises and shall agree upon the correct usable square footage of the Premises within ten (10) days following receipt by Landlord of Tenant’s Remeasurement. Following the determination of the usable square footage of the Premises as set forth in this Paragraph 2.2, the Base Rent set forth in Paragraph 1.10 and Tenant’s Proportionate Share shall be recalculated (subject to the provisions of Paragraph 9.2 and the Load Factor as set forth in Paragraph 1.12) Lease and shall be confirmed in a writing executed binding on the parties. Landlord warrants that Tenant's Floor Area determined by both Landlord and Tenantmeasurement pursuant to this Section shall be within ten percent (10%) of the Approximate Floor Area.

Measurement of Premises. Within thirty The term "Measurement Standard" shall mean measurement to the center line of demising walls between the Premises and the space of other tenants in the Building and to the "drip line" of the Building, with respect to all other dimensions that are not demising walls. Landlord shall, within ninety (3090) days following completion after Landlord has completed Landlord's Work, cause the rentable and usable areas of Landlord’s Work as provided herein Tenant, at its sole cost the Premises and expense, the Building to be measured in accordance with the Measurement Standard by an architect selected by Landlord and cause the architect making that measurement to certify to Tenant that such determinations have been made in accordance with therewith. Tenant shall have the right to cause a licensed architect or surveyor to measure right, exercisable within ninety (90) days after the Premises for deviations in date Landlord gives Tenant written notice of the usable square footage final field measurements of the Premises using and the BOMA office building standard of measurement (Building in accordance with the “Tenant Remeasurement”). If Tenant elects Measurement Standard, to have its architect remeasure the Premises remeasured, Tenant may provide and the findings of the Tenant Remeasurement to Landlord on or prior to the expiration of the thirty Building within such ninety (3090) day period. If In the event that Tenant fails does not cause the Premises and the Building to deliver the findings of the Tenant Remeasurement to Landlord on or prior to the expiration of the thirty (30) day be remeasured, within that time period, the usable square footage measurements made by Landlord shall be final. In the event Tenant causes the Premises and the Building to be measured within those time periods, and the remeasurement by Tenant's architect and Landlord's architect differs by more than 1%, Landlord and Tenant shall meet along with their respective architects and attempt to resolve the discrepancy in their measurements. If Landlord and Tenant do not agree on a resolution of the Premises Area stated in Paragraph 1.5 shall control for all purposes under this Lease. If the usable square footage discrepancy of those measurements within fifteen days of Tenant's notice to Landlord of its architect's calculations of the Premises in any such Tenant’s Remeasurement timely provided to Landlord differs from the usable square footage of the Premises Area stated in Paragraph 1.5, the parties, in good faith, shall resolve the disparity in the measurement of the usable square footage of the Premises and the Building, Landlord and Tenant shall agree upon submit their measurements to a third architect selected as provided below who shall then determine the correct usable square footage of the Premises and the Building by selecting between Landlord's architect's measurement and Tenant's architect's measurement. The third architect shall be selected by Tenant from a list of at least three (3) architects provided by Landlord, each of which architects shall not have performed work for either Landlord or Tenant within five (5) years before the date of this Lease. If Tenant fails to select the third architect from the list provided by Landlord within ten (10) days following after Landlord's delivery of that list to Tenant, Landlord may select the third architect from that list. That third architect shall reach a determination within thirty days after receipt by Landlord of copies of Tenant’s Remeasurement's architect's and Landlord's architect's calculations. Following the determination The cost of the usable square footage third architect shall be paid by the person whose measurement is not selected by the third architect. Upon the parties agreement or the resolution of the size of the Premises as set forth in this Paragraph 2.2and the Building by the third architect, the Base Rent set forth in Paragraph 1.10 and Tenant’s Proportionate 's Share shall be recalculated (subject retroactively and prospectively adjusted to reflect that final determination of the provisions number of Paragraph 9.2 square feet under the Measurement Standard in the Premises and Building and the Load Factor as set forth in Paragraph 1.12) and parties shall execute an amendment to this Lease to confirm those modifications. All of the architects, including the third architect, shall be confirmed in a writing executed bound by both Landlord and Tenantthe Measurement Standard.