MEASUREMENT STANDARD Sample Clauses

MEASUREMENT STANDARD. 39.1 The parties agree that the rentable area figures set forth in this Lease are conclusive except as expressly provided in this Section 39.1. Landlord and Tenant agree that it is the intent of the parties for Landlord to complete the design of the Building in a manner providing for approximately 325,000-328,053 rentable square feet of Premises and approximately 428,600 rentable square feet of Building as measured pursuant to the Measurement Standard (as defined below). Following the completion of the construction documents for the Landlord Work, Landlord’s architect shall calculate the rentable area of the Premises and Building in accordance with Office Buildings: Standard Methods for Measurement as published by the Secretariat, Building Owners and Managers Association International (“BOMA”) (ANSI/BOMA X00.0-0000, Xxxxxx B), as modified by the inclusion of any floor area serving laboratory exhaust or elevator shafts that are 100% dedicated to Tenant’s use (collectively, the “Measurement Standard”), and certify the rentable square footage of the Premises and Building to Landlord and Tenant. Tenant shall have the right to review such certification and, so long as the Premises is not greater than 328,053 rentable square feet or less than 325,000 rentable square feet pursuant to such measurement, the parties shall enter into an amendment to this Lease confirming the rentable square footage of the Premises and the Building (subject to the following provisions of this Section 39.1) as well as proportional changes in the Fixed Rent due and any other charges due under this Lease based upon the rentable square footages of the Premises and the Building, and a proportionate adjustment in any other rights of Tenant apportioned based on the rentable square footages of the Premises and the Building hereunder. If the Premises are less than 325,000 rentable square feet or more than 328,053 rentable square feet based on such measurement, then Landlord shall make such changes to the construction documents that are required so as to bring the Premises within such parameters and Tenant will cooperate in connection with the same. Within thirty (30) days following the substantial completion of the Landlord Work, Landlord shall direct its architect to calculate the rentable square footages of the Premises and the Building pursuant to the Measurement Standard and certify the same to Tenant. If such measurement of the Premises is between 325,000 and 328,053 rentable square feet,...
Sample 1
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MEASUREMENT STANDARD. To ensure the Annual Bonus is based on the most accurate data available, for the purposes of calculation of the Annual Bonus, Employee agrees that the financial results of the Company on which the Annual Bonus will be calculated shall be as reported by the Company in its audited financial statements for each year end. The Employee acknowledges that these financial statements are due a maximum of 105 days past each year end of the Company.
Sample 1
MEASUREMENT STANDARD. Pursuant to Section 2.01(e)(ii) of the Original Lease, the rentable area of the Premises has been remeasured in accordance with the Measurement Standard and the remeasured rentable square footage of the Premises is set forth on Exhibit A attached hereto. Exhibit 2.01(e) to the Original Lease is hereby deleted in its entirety and replaced with Exhibit A attached hereto. Landlord and Tenant acknowledge and agree that the measurements reflected in this Amendment, including Exhibit A, are the final and conclusive measurements for the Building, Premises and each Phase under the Lease and Landlord waives its rights under the Lease, including Section 2.01, to further remeasure the Building, Premises or any Phase. Notwithstanding anything herein to the contrary, to the extent that there is a conflict between the rentable area set forth in this Amendment and that set forth on Exhibit A hereto, the information set forth in this Amendment shall supersede.
Sample 1
MEASUREMENT STANDARD. (A) The Total Rentable Floor Area of the Premises, the Office Portion of the Building and the Building shall be based upon the measurement standard (“Measurement Standard”) attached hereto as Schedule 2.
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MEASUREMENT STANDARD. All space in the building other than that initially leased by Tenant hereunder shall be measured based on the measurement standards contained in the American National Standard Method of Measuring Floor Area and Office Projects published by the Building Owners and Managers Association International.
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MEASUREMENT STANDARD. The parties acknowledge that the usable area of the Building has been measured in accordance with Building Owners and Managers Association (BOMA) international standard method of floor measurement (ANSI/BOMA 265.1-1996) for multi-tenanted buildings (the “Measurement Standard”) using a loss factor of 1.24% for multitenant floors and 1.11% for single tenant floors. Prior to the execution of any amendments to this Lease evidencing any additions to the Premises demised hereunder pursuant to Article 19 or 20, Landlord shall arrange for a re-measurement of the relevant expansion space in accordance with the Measurement Standard and memorialize the measurement of such expansion space in such amendments.
Sample 1
MEASUREMENT STANDARD. Section 26.1. The parties agree that the rentable area figures set forth in this Lease are conclusive except as expressly provided in this Article XXVI. Following completion of the improvements to the Premises by Tenant, Landlord shall provide Tenant with a certification of the square footage and rentable area figures set forth in this Lease by Landlord’s architect in accordance with [Floor Area Measurement Best Practice #1; Office Buildings: Standard Methods for Measurement as published by the Secretariat, Building Owners and Managers Association International (“BOMA”) (ANSI/BOMA X00.0-0000, Xxxxxx B the Office Buildings and XXXX Xxxxx Area Standard (ANSI/BOMA Z65.3 2009), Approved February 4, 2014]. If Tenant disputes the results within ten (10) business days following the receipt of such certification, then Landlord, Landlord’s architect and Tenant shall meet and resolve the dispute within such ten (10) business day period. If the parties are unable to resolve such dispute within such ten (10) business days, either of the parties may elect to submit such dispute to arbitration by directing the California to appoint an arbitrator who shall have a minimum of ten (10) years’ experience in commercial real estate disputes and who shall not be affiliated with either Landlord or Tenant. Both Landlord and Tenant shall have the opportunity to present evidence and outside consultants to the arbitrator. The arbitration shall be conducted in accordance with the expedited commercial real estate arbitration rules of the AAA insofar as such rules are not inconsistent with the provisions of this Lease (in which case the provisions of this Lease shall govern). The cost of the arbitration (exclusive of each party’s witness and attorneys’ fees, which shall be paid by such party) shall be borne equally by the parties. Within five (5) days of appointment, the arbitrator shall render a decision and the appropriate resolution, if any. The arbitrator’s decision shall be final and binding on the parties. In the event that the rentable area of the Premises shall be adjusted as aforesaid, the parties shall enter into an amendment to this Lease confirming the rentable square footage of the Premises and the Building as well as proportional changes in the Base Rent due and any other charges due under this Lease based upon the rentable square footage of the Premises.
Sample 1
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MEASUREMENT STANDARD. Effective as of the Effective Date, pursuant to Section 2.01(e)(ii) of the Original Lease, the rentable area of the Premises has been remeasured in accordance with the Measurement Standard and the remeasured rentable square footage of the Premises is set forth on Exhibit B attached hereto. Exhibit 2.01 (e) to the Original Lease is hereby deleted in its entirety and replaced with Exhibit B attached hereto. Landlord and Tenant acknowledge and agree that the measurements reflected in this Amendment, including Exhibit B, are the final and conclusive measurements for the Building, Premises and each Phase (except for the Additional Premises Second Phase) under the Lease. Notwithstanding anything herein to the contrary, to the extent that there is a conflict between the rentable area set forth in this Amendment and that set forth on Exhibit B hereto, the information set forth in this Amendment shall supersede. For clarification purposes, effective as of the Effective Date but not prior to such Effective Date, the measurements reflected in Sections 7, 8 and 9 and Exhibit B of this Amendment, supersede the measurements set forth in the First Amendment, including Exhibit A attached thereto.
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Related to MEASUREMENT STANDARD

  • Measurement All quantities of Products received or delivered by or into truck, rail, or marine vessel shall be measured and determined based upon the meter readings at each Terminal, as reflected by delivery tickets or bills of lading, or if such meters are unavailable, by applicable calibration tables. All quantities of Products received and delivered by pipeline shall be measured and determined based upon the meter readings of the pipeline operator, as reflected by delivery tickets, or if such meters are unavailable, by applicable calibration tables. Deliveries to a Terminal rack at Mandan, Salt Lake City or Wilmington from a Tesoro Refinery shall be deemed to be the same as the corresponding volumes delivered contemporaneously from the Terminal rack. Deliveries by book transfer shall be reflected by entries in the books of TLO. All quantities shall be adjusted to net gallons at 60° F in accordance with ASTM D-1250 Petroleum Measurement Tables, or latest revisions thereof. A barrel shall consist of 42 U.S. gallons and a gallon shall contain 231 cubic inches. Meters and temperature probes shall be calibrated according to applicable API standards. Tesoro shall have the right, at its sole expense, and in accordance with rack location procedure, to independently certify said calibration. Storage tank gauging shall be performed by TLO’s personnel. TLO’s gauging shall be deemed accurate unless challenged by an independent certified xxxxxx. Tesoro may perform joint gauging at its sole expense with TLO’s personnel at the time of delivery or receipt of Product, to verify the amount involved. If Tesoro should request an independent xxxxxx, such xxxxxx must be acceptable to TLO, and such gauging shall be at Tesoro’s sole expense.

  • Performance Standard Consultant represents and warrants that Services will be performed in a thorough and professional manner, consistent with high professional and industry standards by individuals with the requisite training, background, experience, technical knowledge and skills to perform Services.

  • Performance Adjustment One-twelfth of the annual Performance Adjustment Rate will be applied to the average of the net assets of the Portfolio (computed in the manner set forth in the Fund's Declaration of Trust or other organizational document) determined as of the close of business on each business day throughout the month and the performance period.

  • Performance Standards The Custodian shall use its best efforts to perform its duties hereunder in accordance with the standards set forth in Schedule C hereto. Schedule C may be amended from time to time as agreed to by the Custodian and the Trustees of the Fund.

  • Servicer Eligibility Standards To service Mortgage Loans under this Agreement the Servicer must satisfy the eligibility standards set forth in this Section 4.1 initially and at all times thereafter.

  • Service Level Standards The parties agree to negotiate in good faith certain service level standards that, once agreed upon, will be incorporated into this Agreement subsequent to the effective date of the Agreement.

  • Performance Tests Contractor shall perform Performance Tests in accordance with Section 11.2 of the Agreement and Attachment S.

  • Performance Adjustment Rate Except as otherwise provided in sub-paragraph (e) of this paragraph 3, the Performance Adjustment Rate is 0.02% for each percentage point (the performance of the Portfolio and the Index each being calculated to the nearest .01%) that the Portfolio's investment performance for the performance period was better or worse than the record of the Index as then constituted. The maximum performance adjustment rate is 0.20%. For purposes of calculating the performance adjustment of the portfolio, the portfolio's investment performance will be based on the performance of the retail class. The performance period will commence with the first day of the first full month following the retail class's commencement of operations. During the first eleven months of the performance period for the retail class, there will be no performance adjustment. Starting with the twelfth month of the performance period, the performance adjustment will take effect. Following the twelfth month a new month will be added to the performance period until the performance period equals 36 months. Thereafter the performance period will consist of the current month plus the previous 35 months. The Portfolio's investment performance will be measured by comparing (i) the opening net asset value of one share of the retail class of the Portfolio on the first business day of the performance period with (ii) the closing net asset value of one share of the retail class of the Portfolio as of the last business day of such period. In computing the investment performance of the retail class of the Portfolio and the investment record of the Index, distributions of realized capital gains, the value of capital gains taxes per share paid or payable on undistributed realized long-term capital gains accumulated to the end of such period and dividends paid out of investment income on the part of the Portfolio, and all cash distributions of the securities included in the Index, will be treated as reinvested in accordance with Rule 205-1 or any other applicable rules under the Investment Advisers Act of 1940, as the same from time to time may be amended.

  • Service Levels (1) DTI shall perform the Services in accordance with the service levels (the "Service Levels") as may be agreed to from time to time in writing by DTI and the Funds (the "Service Level Agreement"). Failure to perform in a manner which equals or exceeds the Service Levels shall result in fee credits ("Fee Credits") or the Funds' right to terminate this Agreement, as set forth in the Service Level Agreement.

  • Liquidity Risk Measurement Services Not Applicable.

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