Common use of MODIFICATION OF CERTAIN DEFINITIONS; CERTIFICATE REGARDING COMMENCEMENT DATE Clause in Contracts

MODIFICATION OF CERTAIN DEFINITIONS; CERTIFICATE REGARDING COMMENCEMENT DATE. Landlord and Tenant acknowledge that the actual rentable square footage of the Premises and the Building may, upon completion of construction of the Base Building Improvements (as hereinafter defined), be different than the estimates set forth in Article I hereof. Accordingly, after completion of construction of the Base Building Improvements, Landlord will notify Tenant of the actual Rentable Square Footage of Premises and the Rentable Square Footage of Building, which shall be measured in accordance with the ANSI/BOMA 265.1-1996 Standard Method for Measuring Building Rentable Area, approved June 7, 1996, for a single tenant building. Landlord's Architect's measurements shall be subject to verification by Tenant's Architect for conformity to the foregoing standard. If necessary, Landlord and Tenant will execute an amendment to this Lease modifying the definitions of Rentable Square Footage of Premises, Rentable Square Footage of Building, Tenant's Proportionate Fraction for Building, Tenant's Proportionate Fraction for Complex, Initial Estimated Annual Additional Rent for Premises, Initial Estimated Annual Additional Rent for Complex, the amount of the Security Deposit (as specified in Section 10.11) and the Tenant Allowance if Tenant has elected to have Landlord advance the Tenant Allowance as hereinafter set forth, and such other terms and provisions, if any, of this Lease as may be necessary to reflect such actual measurements. Tenant shall have a period of forty-five (45) days after the date hereof within which to notify Landlord in writing whether Tenant intends to have Landlord advance the Tenant Allowance (the "Tenant Allowance Notice"). In the absence of a Tenant Allowance Notice by such date, Tenant shall be deemed to have elected not to have Landlord advance the Tenant Allowance, in which event the last paragraph of Section 3.2.1 hereof shall be of no force or effect. If Tenant elects to have Landlord advance the Tenant Allowance, Landlord and Tenant shall execute an amendment to this Lease evidencing such election, acknowledging an increase in the amount of the Security Deposit (as specified in Section 10.11), and amending such other terms and provisions, if any, of this Lease as may be necessary to reflect such election. Landlord and Tenant will also execute, upon request of either, a certificate, substantially in the form of Exhibit A-3 hereto, acknowledging the Commencement Date of this Lease as provided for in Section 2.2 hereof, after such Commencement Date has occurred (as described in Section 3.2 hereof). Anything in this Lease to the contrary notwithstanding, the Premises shall include all of the Rentable Square Footage in the Building other than the Retail Space. "Tenant's Proportionate Fraction for

MODIFICATION OF CERTAIN DEFINITIONS; CERTIFICATE REGARDING COMMENCEMENT DATE. Landlord and Tenant acknowledge that the actual rentable square footage of the Premises Premises, the Expansion Spaces (as such term is defined in Section 10.11 hereof) and the Building may, upon completion of construction of the Base Building Improvements (as hereinafter defined), be different than the estimates as set forth in Article I hereof. Accordingly, after completion of construction of the Base Building Improvements, Landlord will notify Tenant of the actual Rentable Square Footage of Premises the Premises, the Expansion Spaces and the Rentable Square Footage of Building, all of which shall be measured by Landlord's Architect in accordance with the ANSI/BOMA 265.1Z65.1-1996 Standard Method for Measuring Building Rentable Area, approved June 7, 1996, 1996 for a single tenant building. Landlord's Architect's measurements measurement shall be subject to verification review and approval by Tenant's Architect for conformity to the foregoing standard. If necessary, Landlord and Tenant will execute an amendment to this Lease modifying the definitions of Rentable Square Footage of Premises, Rentable Square Footage of Building, the location in the Building of the Premises and the Expansion Spaces, Tenant's Proportionate Fraction for Building, Tenant's Proportionate Fraction for Complex, Initial Estimated Annual Additional Rent for PremisesBuilding, Initial Estimated Annual Additional Rent for Complex, the amount of the Security Deposit (as specified in Section 10.11) and the Tenant Allowance if Tenant has elected to have Landlord advance the Tenant Allowance as hereinafter set forth, and such other terms and provisions, if any, of this Lease as may be necessary to reflect such actual measurements. Tenant shall have a period of forty-five (45) days after the date hereof within which to notify Landlord in writing whether Tenant intends to have Landlord advance the Tenant Allowance (the "Tenant Allowance Notice"). In the absence of a Tenant Allowance Notice by such date, Tenant shall be deemed to have elected not to have Landlord advance the Tenant Allowance, in which event the last paragraph of Section 3.2.1 hereof shall be of no force or effect. If Tenant elects to have Landlord advance the Tenant Allowance, Landlord and Tenant shall execute an amendment to this Lease evidencing such election, acknowledging an increase in the amount of the Security Deposit (as specified in Section 10.11), and amending such other terms and provisions, if any, of this Lease as may be necessary to reflect such election. Landlord and Tenant will also execute, upon request of either, a certificate, substantially in the form of Exhibit A-3 hereto, acknowledging acknowledging, INTER ALIA, the Commencement Date of this Lease as provided for in Section 2.2 hereof, after such Commencement Date has occurred (as described in Section 3.2 hereof), and the Rentable Square Footage of the Building, the Premises and the Expansion Spaces. After such measurement by Landlord's Architect, the Premises, the Expansion Spaces and the Building shall not be subject to remeasurement without the consent of Landlord and Tenant. Anything in this Lease to the contrary notwithstanding, the Premises Premises, as initially demised, shall include all of the Rentable Square Footage in the Building other than the Expansion Spaces and the Retail Space. "Tenant's Proportionate Fraction forfor Building" shall be the ratio, expressed as a percentage, of the Rentable Square Footage of Premises, including the Expansion Spaces and any ROFR Space (from and after the dates on which each of the Expansion Spaces or any ROFR Space is demised to Tenant), to the Rentable Square Footage of Building. "

MODIFICATION OF CERTAIN DEFINITIONS; CERTIFICATE REGARDING COMMENCEMENT DATE. Landlord and Tenant acknowledge that the actual rentable square footage of the Premises and the Building may, upon completion of construction of the Base Building Improvements (as hereinafter defined), ) be different than the estimates Premises Design Floor Area as set forth in Article I hereof. Accordingly, after completion of construction of the Base Building Improvements, Landlord will notify Tenant of the actual Rentable Square Footage rentable square footage of Premises and the Rentable Square Footage of BuildingPremises, which shall be measured in accordance with the ANSI/BOMA 265.1-1996 Standard Method for Measuring Building Rentable Area,, approved June 7, 1996, for a single tenant building. Landlord's Architect's measurements shall be subject to verification by Tenant's Architect for conformity to the foregoing standard. If and, if necessary, Landlord and Tenant will execute an amendment to this Lease modifying the definitions of Rentable Square Footage of Premisesthe Premises Design Floor Area, Rentable Square Footage of Buildingthe Annual Fixed Rent Rate, Tenant's Proportionate Fraction for Building, Tenant's Proportionate Fraction for Complex, the Initial Estimated Annual Additional Rent for Premises, Initial Estimated Annual Additional Rent for ComplexRent, the amount of the Security Deposit (as specified in Section 10.11) and the Tenant Allowance if Tenant has elected to have Landlord advance the Tenant Allowance as hereinafter set forthAllowance, and such other terms and provisions, if any, of this Lease as may be necessary to reflect such actual measurementsnecessary. Tenant shall have a period of forty-five (45) days after the date hereof within which to notify Landlord in writing whether Tenant intends to have Landlord advance the Tenant Allowance (the "Tenant Allowance Notice"). In the absence of a Tenant Allowance Notice by such date, Tenant shall be deemed to have elected not to have Landlord advance the Tenant Allowance, in which event the last paragraph of Section 3.2.1 hereof shall be of no force or effect. If Tenant elects to have Landlord advance the Tenant Allowance, Landlord and Tenant shall execute an amendment to this Lease evidencing such election, acknowledging an increase in the amount of the Security Deposit (as specified in Section 10.11)) and the Term of this Lease, and amending such other terms and provisions, if any, of this Lease as may be necessary to reflect such electionnecessary. Landlord and Tenant will also execute, upon request of either, a certificate, substantially in the form of Exhibit A-3 hereto, certificates acknowledging the Commencement Date of this Lease as provided for in Section 2.2 hereof, after such Commencement Date commencement date has occurred (as described in Section 3.2 hereof). Anything in this Lease to the contrary notwithstanding, the Premises shall include all of the Rentable Square Footage in the Building other than the Retail Space. "Tenant's Proportionate Fraction for.

MODIFICATION OF CERTAIN DEFINITIONS; CERTIFICATE REGARDING COMMENCEMENT DATE. Landlord and Tenant acknowledge that the actual rentable square footage of the Premises and the Building may, upon completion of construction of the Base Building Improvements (as hereinafter defined), ) be different than the estimates Premises Design Floor Area as set forth in Article I hereof. Accordingly, after completion of construction of the Base Building Improvements, Landlord will notify Tenant of the actual Rentable Square Footage rentable square footage of Premises and the Rentable Square Footage of BuildingPremises, which shall be measured in accordance with the ANSI/BOMA 265.1-1996 Standard Method for Measuring Building Rentable Area, approved June 7, 1996, for a single tenant building. Landlord's Architect's measurements shall be subject to verification by Tenant's Architect for conformity to the foregoing standard. If and, if necessary, Landlord and Tenant will execute an amendment to this Lease modifying the definitions of Rentable Square Footage of Premisesthe Premises Design Floor Area, Rentable Square Footage of Buildingthe Annual Fixed Rent Rate, Tenant's Proportionate Fraction for Building, Tenant's Proportionate Fraction for Complex, the Initial Estimated Annual Additional Rent for Premises, Initial Estimated Annual Additional Rent for ComplexRent, the amount of the Security Deposit (as specified in Section 10.11) and the Tenant Allowance if Tenant has elected to have Landlord advance the Tenant Allowance as hereinafter set forthAllowance, and such other terms and provisions, if any, of this Lease as may be necessary to reflect such actual measurementsnecessary. Tenant shall have a period of forty-five (45) days after the date hereof within which to notify Landlord in writing whether Tenant intends to have Landlord advance the Tenant Allowance (the "Tenant Allowance Notice"). In the absence of a Tenant Allowance Notice by such date, Tenant shall be deemed to have elected not to have Landlord advance the Tenant Allowance, in which event the last paragraph of Section 3.2.1 hereof shall be of no force or effect. If Tenant elects to have Landlord advance the Tenant Allowance, Landlord and Tenant shall execute an amendment to this Lease evidencing such election, acknowledging an increase in the amount of the Security Deposit (as specified in Section 10.11)) and the Term of this Lease, and amending such other terms and provisions, if any, of this Lease as may be necessary to reflect such electionnecessary. Landlord and Tenant will also execute, upon request of either, a certificate, substantially in the form of Exhibit A-3 hereto, certificates acknowledging the Commencement Date of this Lease as provided for in Section 2.2 hereof, after such Commencement Date commencement date has occurred (as described in Section 3.2 hereof). Anything in this Lease to the contrary notwithstanding, the Premises shall include all of the Rentable Square Footage in the Building other than the Retail Space. "Tenant's Proportionate Fraction for.

MODIFICATION OF CERTAIN DEFINITIONS; CERTIFICATE REGARDING COMMENCEMENT DATE. Landlord and Tenant acknowledge that the actual rentable square footage of the Premises Premises, the Expansion Spaces (as such term is defined in Section 10.11 hereof) and the Building may, upon completion of construction of the Base Building Improvements (as hereinafter defined), be different than the estimates as set forth in Article I hereof. Accordingly, after completion of construction of the Base Building Improvements, Landlord will notify Tenant of the actual Rentable Square Footage of Premises the Premises, the Expansion Spaces and the Rentable Square Footage of Building, all of which shall be measured by Landlord's Architect in accordance with the ANSI/BOMA 265.1Z65.1-1996 Standard Method for Measuring Building Rentable Area, approved June 7, 1996, 1996 for a single tenant building. Landlord's Architect's measurements measurement shall be subject to verification review and approval by Tenant's Architect for conformity to the foregoing standard. If necessary, Landlord and Tenant will execute an amendment to this Lease modifying the definitions of Rentable Square Footage of Premises, Rentable Square Footage of Building, the location in the Building of the Premises and the Expansion Spaces, Tenant's Proportionate Fraction for Building, Tenant's Proportionate Fraction for Complex, Initial Estimated Annual Additional Rent for PremisesBuilding, Initial Estimated Annual Additional Rent for Complex, the amount of the Security Deposit (as specified in Section 10.11) and the Tenant Allowance if Tenant has elected to have Landlord advance the Tenant Allowance as hereinafter set forth, and such other terms and provisions, if any, of this Lease as may be necessary to reflect such actual measurements. Tenant shall have a period of forty-five (45) days after the date hereof within which to notify Landlord in writing whether Tenant intends to have Landlord advance the Tenant Allowance (the "Tenant Allowance Notice"). In the absence of a Tenant Allowance Notice by such date, Tenant shall be deemed to have elected not to have Landlord advance the Tenant Allowance, in which event the last paragraph of Section 3.2.1 hereof shall be of no force or effect. If Tenant elects to have Landlord advance the Tenant Allowance, Landlord and Tenant shall execute an amendment to this Lease evidencing such election, acknowledging an increase in the amount of the Security Deposit (as specified in Section 10.11), and amending such other terms and provisions, if any, of this Lease as may be necessary to reflect such election. Landlord and Tenant will also execute, upon request of either, a certificate, substantially in the form of Exhibit A-3 hereto, acknowledging acknowledging, inter alia, the Commencement Date of this Lease as provided for in Section 2.2 hereof, after such Commencement Date has occurred (as described in Section 3.2 hereof), and the Rentable Square Footage of the Building, the Premises and the Expansion Spaces. After such measurement by Landlord's Architect, the Premises, the Expansion Spaces and the Building shall not be subject to remeasurement without the consent of Landlord and Tenant. Anything in this Lease to the contrary notwithstanding, the Premises Premises, as initially demised, shall include all of the Rentable Square Footage in the Building other than the Expansion Spaces and the Retail Space. "Tenant's Proportionate Fraction forfor Building" shall be the ratio, expressed as a percentage, of the Rentable Square Footage of Premises, including the Expansion Spaces and any ROFR Space (from and after the dates on which each of the Expansion Spaces or any ROFR Space is demised to Tenant), to the Rentable Square Footage of Building. "

MODIFICATION OF CERTAIN DEFINITIONS; CERTIFICATE REGARDING COMMENCEMENT DATE. Landlord and Tenant acknowledge that the actual rentable square footage Premises Design Floor Area, the actual Building Design Floor Area and the actual floor area of each respective Phases of the Premises and the Building may, upon completion of construction design of the Base Building Improvements (as hereinafter defined)and each respective Phase of the Premises, be different than the estimates Premises Design Floor Area, the Building Design Floor Area and the floor area of each respective Phase of the Premises as set forth in Article I hereof. Accordingly, after completion of construction the design of the Base Building Improvementsand after completion of the design of each Phase of the Premises, Landlord will notify Tenant of the actual Rentable Square Footage of Premises Design Floor Area, the actual Building Design Floor Area and the Rentable Square Footage actual floor area of Buildingeach respective Phase of the Premises, each of which shall be measured in accordance with the ANSI/BOMA 265.1-1996 Standard Method for Measuring Building Rentable Areastandards set forth on Exhibit F attached hereto, approved June 7, 1996, for a single tenant building. Landlord's Architect's measurements shall be subject to verification by Tenant's Architect for conformity to the foregoing standard. If necessary, and Landlord and Tenant will execute an amendment to this Lease modifying the definitions of Rentable Square Footage of Premisesthe Premises Design Floor Area, Rentable Square Footage of Buildingthe Building Design Floor Area, Tenant's Proportionate Fraction for Buildingthe Phase I Space, Tenant's Proportionate Fraction for Complexthe Phase II Space, the Phase III Space, the Annual Fixed Rent Rate, the Initial Estimated Annual Additional Rent for Premises, Initial Estimated Annual Additional Rent for Complex, the amount of the Security Deposit (as specified in Section 10.11) and the Tenant Allowance if Tenant has elected to have Landlord advance the Tenant Allowance as hereinafter Tenant's Proportionate Fraction set forth, and such other terms and provisions, if any, of this Lease as may be necessary to reflect such actual measurements. Tenant shall have a period of forty-five (45) days after the date hereof within which to notify Landlord forth in writing whether Tenant intends to have Landlord advance the Tenant Allowance (the "Tenant Allowance Notice"). In the absence of a Tenant Allowance Notice by such date, Tenant shall be deemed to have elected not to have Landlord advance the Tenant Allowance, in which event the last paragraph of Section 3.2.1 hereof shall be of no force or effect. If Tenant elects to have Landlord advance the Tenant Allowance, Landlord and Tenant shall execute an amendment to this Lease evidencing such election, acknowledging an increase in the amount of the Security Deposit (as specified in Section 10.11), and amending such other terms and provisions, if any, of this Lease as may be necessary to reflect such electionArticle I hereof. Landlord and Tenant will also execute, upon request of either, a certificate, substantially in the form of Exhibit A-3 hereto, certificates acknowledging the Commencement Date of this Lease as provided provided, for in Section 2.2 hereof, after once such Commencement Date commencement date has occurred (as described in Section 3.2 hereof). Anything in this Lease to ) and the contrary notwithstanding, the Premises shall include all Substantial Completion Date of each Phase of the Rentable Square Footage in the Building other than the Retail Space. "Tenant's Proportionate Fraction forPremises.

MODIFICATION OF CERTAIN DEFINITIONS; CERTIFICATE REGARDING COMMENCEMENT DATE. Landlord and Tenant acknowledge that the actual rentable square footage of the Premises Premises, the Expansion Spaces (as such term is defined in Section 10.11 hereof) and the Building may, upon completion of construction of the Base Building Improvements (as hereinafter defined), be different than the estimates as set forth in Article I hereof. Accordingly, after completion of construction of the Base Building Improvements, Landlord will notify Tenant of the actual Rentable Square Footage of Premises the Premises, the Expansion Spaces and the Rentable Square Footage of Building, all of which shall be measured by Landlord's Architect in accordance with the ANSI/BOMA 265.1Z65.1-1996 Standard Method for Measuring Building Rentable Area, approved June 7, 1996, 1996 for a single tenant building. Landlord's Architect's measurements measurement shall be subject to verification review and approval by Tenant's Architect for conformity to the foregoing standard. If necessary, Landlord and Tenant will execute an amendment to this Lease modifying the definitions of Rentable Square Footage of Premises, Rentable Square Footage of Building, the location in the Building of the Premises and the Expansion Spaces, Tenant's Proportionate Fraction for Building, Tenant's Proportionate Fraction for Complex, Initial Estimated Annual Additional Rent for PremisesBuilding, Initial Estimated Annual Additional Rent for Complex, the amount of the Security Deposit (as specified in Section 10.11) and the Tenant Allowance if Tenant has elected to have Landlord advance the Tenant Allowance as hereinafter set forth, and such other terms and provisions, if any, of this Lease as may be necessary to reflect such actual measurements. Tenant shall have a period of forty-five (45) days after the date hereof within which to notify Landlord in writing whether Tenant intends to have Landlord advance the Tenant Allowance (the "Tenant Allowance Notice"). In the absence of a Tenant Allowance Notice by such date, Tenant shall be deemed to have elected not to have Landlord advance the Tenant Allowance, in which event the last paragraph of Section 3.2.1 hereof shall be of no force or effect. If Tenant elects to have Landlord advance the Tenant Allowance, Landlord and Tenant shall execute an amendment to this Lease evidencing such election, acknowledging an increase in the amount of the Security Deposit (as specified in Section 10.11), and amending such other terms and provisions, if any, of this Lease as may be necessary to reflect such election. Landlord and Tenant will also execute, upon request of either, a certificate, substantially in the form of Exhibit A-3 hereto, acknowledging acknowledging, inter alia, the Commencement Date of this Lease as provided for in Section 2.2 hereof, after such Commencement Date has occurred (as described in Section 3.2 hereof), and the Rentable Square Footage of the Building, the Premises and the Expansion Spaces. After such measurement by Landlord's Architect, the Premises, the Expansion Spaces and the Building shall not be subject to remeasurement without the consent of Landlord and Tenant. Anything in this Lease to the contrary notwithstanding, the Premises Premises, as initially demised, shall include all of the Rentable Square Footage in the Building other than the Expansion Spaces and the Retail Space. "Tenant's Proportionate Fraction forfor Building" shall be the ratio, expressed as a percentage, of the Rentable Square Footage of Premises, including the Expansion Spaces and any ROFR Space (from and after the dates on which each of the Expansion Spaces or any ROFR Space is demised to Tenant), to the Rentable Square Footage of Building. "Tenant's Proportionate Fraction for Complex" shall be the ratio, expressed as a percentage, of the Rentable Square Footage of the Premises, including the Expansion Spaces and any ROFR Space, when applicable, to the Rentable Square Footage of all buildings (other than any garages in the Complex and any building or portion thereof which is not available for lease such as an information kiosk), including the Building, which Landlord is permitted to develop in the Complex pursuant to the PUD Approval. Landlord shall have the right to estimate on a good faith basis, from time to time, the Rentable Square Footage of all such buildings prior to the construction thereof. From time to time after construction of each building in the Complex, Landlord shall notify Tenant of the Rentable Square Footage of such buildings and shall provide to Tenant, upon Tenant's request, such information as Tenant may reasonably request with respect to the calculation thereof. Within thirty (30) days after notice of such Rentable Square Footage, Tenant shall pay to Landlord or Landlord shall credit to Additional Rent next due from Tenant, as applicable, any underpayment owed or overpayment made, as applicable, by Tenant based upon the estimated Rentable Square Footage of such buildings, on account of Tenant's Proportionate Fraction for Complex of taxes and assessments and Tenant's Proportionate Fraction for Complex of the Annual Complex Maintenance and Operation Charge and the actual Rentable Square Footage of such buildings.