Measurement of the Premises. Landlord and Tenant agree that the Premises Rentable Area identified in Section 1.1 is recited for Landlord’s administrative purposes only and that, although the Annual Fixed Rent has been determined by reference to such square footage (regardless of the possibility that the actual measurement of the Premises may be more or less than the number identified, irrespective of measurement method used), Annual Fixed Rent and Tenant’s Percentage shall not be changed except as expressly provided in this Lease.
Measurement of the Premises. Landlord and Tenant agree that the Premises Rentable Area identified in Section 1.1 is an estimate only and that, although the Annual Fixed Rent and Tenant's Percentage have been determined by reference to such square footage (regardless of the possibility that the actual measurement of the Premises may be more or less than the number identified, irrespective of measurement method used), the Annual Fixed Rent and Tenant's Percentage shall not be changed except as expressly provided in this Section 2.3. Either party hereto may, not later than ninety (90) days after the Commencement Date, request that an exact measurement of the Premises be made in accordance with the measurement method recommended by Building Owners and Managers Association. Such measurement shall be made by an architect or engineer designated by Landlord at the cost and expense of the requesting party. If the rentable area of the Premises, as so measured, is more than one hundred one percent (101%) or less than ninety-nine percent (99%) of the Premises Rentable Area as set forth in Section 1.1: (i) the definition of Premises Rentable Area set forth in Section 1.1 shall be deemed amended in accordance with such measurement; (ii) Annual Fixed Rent shall, retroactively to the Rent Commencement Date, be recomputed by multiplying the Annual Fixed Rent as set forth in Section 1.1 by a fraction (the "FRACTION"), the numerator of which shall be the rentable area as so measured and the denominator of which shall be the Premises Rentable Area set forth in Section 1.1; and (iii) Tenant's Percentage shall, retroactively to the Commencement Date, be recomputed to be the percentage determined by multiplying Tenant's Percentage as set forth in Section 1.1 by the Fraction. Any payment due to Landlord as the result of such adjustment shall be paid within thirty (30) days after notice to Tenant of such computation. Any payment due to Tenant as a result of such adjustment shall be credited against installments of Annual Fixed Rent thereafter becoming due. In the event of any adjustment pursuant to this Section 2.3, Landlord and Tenant shall promptly execute a written statement setting forth the recomputed Premise Rentable Area, Annual Fixed Rent, and Tenant's Percentage, but the failure by either party to execute such a statement shall have no effect on the validity of such recomputation.
(i) neither Landlord nor Tenant requests any adjustment as herein provided within the time limit provided, or (ii) such a...
Measurement of the Premises. 16.1 The Measurement Surveyor has been appointed by the Developer at its own cost and the terms of his appointment require him to issue to the Tenant a duty of care in favour of the Tenant in the form attached to this agreement as Appendix 8 and the Landlord shall use reasonable endeavours to enforce such obligation.
16.2 The Measurement Surveyor shall act as an expert and not an arbitrator and his decision, as to the Net Internal Area of the Measured Area, shall be final and binding on the parties to this agreement.
Measurement of the Premises. On or before the Term Commencement Date, Landlord shall have a licensed architect certify the square footages set forth in Paragraph E of the SLP, and any adjustments thereto shall be reflected in the Acknowledgment.
Measurement of the Premises. Upon Substantial Completion, Landlord's architect shall certify, by its review of the Approved Construction Documents and its examination of the Building, the Building's square footage (the "BSQ"). If such measurement is less than 49,870 square feet, the Minimum Annual Rent shall be recalculated by multiplying the BSQ times $13.20, which rent shall be escalated at the sixth year by 13.64% for the balance of the Term.
Measurement of the Premises. Landlord and Tenant agree that the Premises Rentable Area identified in Section 1.1 is recited for administrative purposes only and that, although the Annual Fixed Rent has been determined by reference to such square footage (regardless of the possibility that the actual measurement of the Premises may be more or less than the number identified, irrespective of measurement method used), Annual Fixed Rent and Tenant’s Percentage shall not be changed except as expressly provided in this Lease. Notwithstanding the foregoing, if Landlord makes alterations, additions or improvements to the Building lobby that result in an increase or decrease in the rentable area of the Building and the Premises Rentable Area, Annual Fixed Rent and Tenant’s Percentage shall be adjusted to take into account any such increase or decrease.
Measurement of the Premises. All calculations of "Usable Area" and "Rentable Area" under this Lease shall be determined in accordance with BOMA standards (Building Owners and Managers Association Method for Measuring Floor Area in Office Buildings, ANSI Z65.1-1996). However, the parties agree that any statement of square footage set forth in this Lease, or that may have been used in calculating rental, is an approximation which Landlord and Tenant agree is reasonable and the rental based thereon is not subject to revision whether or not the actual square footage is more or less.
Measurement of the Premises shall be deleted in its entirety. Landlord and Tenant acknowledge and agree that Landlord has provided the Architect’s determination that the ground floor area of the Building, calculated in accordance with BOMA Industrial Standard, ANSI/BOMA X00.0-0000 Xxxxxx A, is 404,744 square feet and such square footage shall not be subject to re-measurement by either Landlord or Xxxxxx.
K. Section 4.3 (Completion of Initial Improvements) is deleted in its entirety and shall have no further force or effect.
Measurement of the Premises. The exact number of rentable square feet within the Premises is 53,620 square feet and the exact number of usable square feet within the Premises is 50,010 square feet.
Measurement of the Premises. Within thirty (30) days after the date on which Landlord's Base Building Work is substantially complete for Tenant Improvements construction, but in no event later than the Term Commencement Date, Landlord shall cause the Premises to be measured by a mutually acceptable and professionally qualified architect (other than Landlord's or Tenant's architect) licensed in the state of California. The rentable square feet of the Premises shall be based on a dripline measurement. If the rentable square footage of the Premises is other than the stated rentable feet of the Premises in the Basic Lease Information, the Base Rent shall correspondingly be adjusted, at the same rate per square foot as set forth in the Basic Lease Information. Any modification or adjustment to the rentable square feet of the Premises and any other terms of the Lease must be made and agreed to in writing by the parties within fifteen (15) days after Landlord's receipt of architect's measurement. Failure on the part of the parties to agree within fifteen (15) days or any dispute between Landlord and Tenant pertaining this Paragraph 38.I shall be resolved by submitting to binding arbitration, conducted and determined in San Diego County according to the prevailing rules of the American Arbitration Association for arbitration of commercial disputes.
