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.
Appears in 1 contract
Samples: Perficient Inc
Measurement of the Premises. Landlord and Tenant agree that On or before the twentieth day immediately following the Effective Date, you may measure the Premises and/or the Building. All calculations of usable area under this Lease shall be based upon the American National Standard ANZI Z65.1 - 1980 (Reaffirmed 1989) (Approved June 21, 1989 by the American National Standards Institute, Inc.). 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 is the usable square footage plus a common area factor of 15% for multi-tenant floors and 12% for single tenant floors. If you do not provide Landlord with written notice disputing the possibility that the actual measurement of the Premises may be more or less than the number identifiedBuilding within such twenty day period, 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 time being of the essence, then 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 conclusively deemed to measure 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 square footage specified in Section 1.1: (i) the definition of Premises Rentable Area set forth in Section 1.1 above and the Building will conclusively deemed to measure 100,000 rentable square feet. If Landlord receives written notice from you within such twenty day period disputing the foregoing measurements and if Landlord disagrees with your determination, then Landlord's architect and your architect shall mutually select a third architect whose sole purpose shall be deemed amended to state whose measurement (Landlord's or yours in accordance with such measurement; (iiwhich event Landlord shall have the right to claim that the rentable square footage of the Premises is less than or greater than the amount specified in the definition of Premises or that the rentable square footage of the Building is less than or is greater than 100,000 r.s.f.) Annual Fixed Rent shallis most correct and the determination of the third architect shall be conclusive and binding upon the parties. Once the third architect makes a determination as to which measurement is most correct, retroactively to the Rent Commencement Date, rental rates during the primary term will be recomputed by multiplying the Annual Fixed Rent as set forth in Section 1.1 by adjusted based on a fraction (the "FRACTION")fraction, the numerator of which shall be is the rentable area as so measured square footage of whichever of Landlord's or your measurement the third architect determined to be most correct and the denominator of which shall be is the Premises Rentable Area rentable square footage set forth in Section 1.1; and (iii) Tenant's Percentage shall, retroactively to the Commencement Date, be recomputed to be definition of Premises. The cost of 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 third architect 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 for equally by 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 recomputationparties.
Appears in 1 contract
Measurement of the Premises. Landlord On or before the twentieth day immediately following the date that this Lease Amendment No. 1 is fully executed, you may measure the Expansion Premises. You further acknowledge that you previously had the right to measure the Building and Tenant agree the Original Premises and that you have accepted the measurements specified in this Lease as to the Building and as to the Original Premises as conclusive. All calculations of usable area under this Lease shall be based upon the American National Standard ANZI Z65.1 - 1980 (Reaffirmed 1989) (Approved June 21, 1989 by the American National Standards Institute, Inc.). 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 is the usable square footage plus a common area factor of 15% for multi-tenant floors and 12% for single tenant floors. If you do not provide Landlord with written notice disputing the possibility that the actual measurement of the Expansion Premises may within such twenty day period, time being of the essence, then the Expansion Premises shall be more or less than conclusively deemed to measure the number identified, irrespective rentable square footage specified in the definition of measurement method used), the Annual Fixed Rent and Tenant's Percentage shall not be changed except as expressly provided in this Section 2.3Expansion Premises set forth above. Either party hereto may, not later than ninety (90) days after If Landlord receives written notice from you within such twenty day period disputing the Commencement Date, request that an exact measurement of the Expansion Premises be made in accordance and if Landlord disagrees with the measurement method recommended by Building Owners your determination, then Landlord's architect and Managers Association. Such measurement your architect shall mutually select a third architect whose sole purpose shall be made by an architect to state whose measurement (Landlord's or engineer designated by yours in which event Landlord at shall have the cost and expense right to claim that the rentable square footage of the requesting party. If the rentable area of the Premises, as so measured, Expansion Premises is more than one hundred one percent (101%) or less than ninety-nine percent (99%) of or greater than the Premises Rentable Area as set forth amount specified in Section 1.1: (i) the definition of Premises Rentable Area set forth in Section 1.1 Expansion Premises) is most correct and the determination of the third architect shall be deemed amended in accordance with such measurement; (ii) Annual Fixed Rent shallconclusive and binding upon the parties. Once the third architect makes a determination as to which measurement is most correct, retroactively to the Rent Commencement Date, rental rates during the primary term for the Expansion Premises will be recomputed by multiplying the Annual Fixed Rent as set forth in Section 1.1 by adjusted based on a fraction (the "FRACTION")fraction, the numerator of which shall be is the rentable area as so measured square footage of whichever of Landlord's or your measurement the third architect determined to be most correct and the denominator of which shall be is the Premises Rentable Area rentable square footage set forth in Section 1.1; and (iii) Tenant's Percentage shall, retroactively to the Commencement Date, be recomputed to be definition of Expansion Premises. The cost of 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 third architect shall be paid within thirty (30) days after notice to Tenant of such computationfor equally by the parties. 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.Initials RDM Landlord's Initials ES/JA ------- -------
Appears in 1 contract
Measurement of the Premises. Landlord and Tenant agree that the Premises Rentable Area identified in Section 1.1 is an estimate recited for Landlord’s administrative purposes only and that, although the Annual Fixed Rent and Tenant's Percentage have 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), the Annual Fixed Rent and Tenant's ’s Percentage shall not be changed except as expressly provided in this Section 2.32.4. Either party hereto may, not later than ninety thirty (9030) days after the Commencement DateDate of this Lease, 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"“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 ’s Percentage shall, retroactively to the Commencement Date, shall be recomputed to be the percentage determined by multiplying Tenant's ’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 fifteen (3015) 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 2.32.4, Landlord and Tenant shall promptly execute a written statement setting forth the recomputed Premise Rentable Area, Annual Fixed Rent, and Tenant's ’s Percentage, but the failure by either party to execute such a statement shall have no effect on the validity of such recomputation. If (i) neither Landlord nor Tenant requests any adjustment as herein provided within the time limit provided, or (ii) such adjustment is requested, but the rentable area is within the two (2%) percent range set forth above, Annual Fixed Rent, Tenant’ s Percentage, and Premises Rentable Area shall remain as set forth in Section 1.1, and neither Landlord nor Tenant shall have any right to any adjustment.
Appears in 1 contract
Samples: Cuisine Solutions Inc
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 Within thirty (30) days after notice 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 Tenant be measured by a mutually acceptable and professionally qualified architect (other than Landlord's or Tenants architect) licensed in the state of such computationCalifornia. 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 payment due modification or adjustment to Tenant as a result the rentable square feet of such adjustment shall the Premises and any other terms of the Lease must be credited against installments made and agreed to in writing by the parties within fifteen (15) days after Landlord's receipt of Annual Fixed Rent thereafter becoming duearchitect's measurement. In Failure on the event part of the parties to agree within fifteen (15) days or any adjustment pursuant to this Section 2.3, dispute between Landlord and Tenant pertaining this Paragraph 38.l. shall promptly execute a written statement setting forth be resolved by submitting to binding arbitration, conducted and determined in San Diego County according to the recomputed Premise Rentable Areaprevailing rules of the American Arbitration Association for arbitration of commercial disputes. 39. JURY TRIAL WAIVER EACH PARTY HERETO (WHICH INCLUDES ANY ASSIGNEE, Annual Fixed RentSUCCESSOR HEIR OR PERSONAL REPRESENTATIVE OF A PARTY) SHALL NOT SEEK A JURY TRIAL, and Tenant's PercentageHEREBY WAIVES TRIAL BY JURY, but the failure by either party to execute such a statement shall have no effect on the validity of such recomputationAND HEREBY FURTHER WAIVES ANY OBJECTION TO VENUE IN THE COUNTY IN WHICH THE BUILDING IS LOCATED, AND AGREES AND CONSENTS TO PERSONAL JURISDICTION OF THE COURTS OF THE STATE IN WHICH THE PROPERTY IS LOCATED, IN ANY ACTION OR PROCEEDING OR COUNTERCLAIM BROUGHT BY ANY PARTY HERETO AGAINST THE OTHER ON ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE, THE RELATIONSHIP OF LANDLORD AND TENANT, TENANT'S USE OR OCCUPANCY OF THE PREMISES, OR ANY CLAIM OF INJURY OR DAMAGE OR THE ENFORCEMENT OF ANY REMEDY UNDER ANY STATUTE, EMERGENCY OR OTHERWISE, WHETHER ANY OF THE FOREGOING IS BASED ON THIS LEASE OR ON TORT LAW. EACH PARTY REPRESENTS THAT IT HAS HAD THE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL CONCERNING THE EFFECT OF THIS PARAGRAPH 39. THE PROVISIONS OF THE PARAGRAPH 39 SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE.
Appears in 1 contract
Samples: Sublease Agreement (Divx Inc)
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 ten (9010) days after the Commencement Date, request that an exact measurement of the Premises be made in accordance with the measurement method recommended Standard Method of Measuring Floor Area in Office Buildings as adopted by the Building Owners and Managers AssociationAssociation International (ANSI/BOMA Z65.1-2017). Such measurement shall be made by an a licensed 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"“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 ’s Percentage shall, retroactively to the Commencement Date, be recomputed to be the percentage determined by multiplying Tenant's ’s Percentage as set forth in Section 1.1 by the Fraction, and (iv) if applicable, the Allowance shall, retroactively to the Commencement Date, be adjusted by multiplying the rentable area as so measured by the Allowance per rentable square foot as set forth in Article 3 below. 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.thirty
Appears in 1 contract
Samples: Ultragenyx Pharmaceutical Inc.
