Re-measurement. The Charterers are to have the option to re-measure the vessel for the purpose of satisfying certain port or terminal regulations at any time during c/p period as often as required. All costs and time used for re-measuring to be for Charterers’ account. Owners are to advise if vessel has multiple load lines and if so, the corresponding deadweights.
Re-measurement. At any time from and after the Early Entry Date until the Commencement Date, Tenant and Landlord shall each have the right to re-measure the floor area of the Premises in accordance with Exterior Wall Methodology set forth in the “Standard Methods for Measuring Floor Area in Industrial Buildings,” as published in October 2004 by the Building Owners and Managers Association International and the Society of Industrial and Office Realtors. In the event that the floor area of the Premises as determined by the re-measurement differs from the floor area of the Premises designated by Landlord, then the Base Rent, Tenant’s Proportionate Share of the Site Operating Costs and a proportionate share of Tenant’s Allowance and Additional Allowance (as those terms are defined in Exhibit B attached hereto) shall be recalculated using the re-measured square footage of the Premises. Recalculation of the Tenant’s Allowance shall be based on [***] per square foot. Recalculation of Tenant’s Additional Allowance shall be based on [***] per square foot. Landlord shall make any additional Tenant Allowance and Additional Allowance available to Tenant. In the case of a reduction in the Tenant Allowance, the reduced amount shall be taken from the then available Allowance or, if the Allowance has been used by Tenant, Tenant shall provide Landlord within thirty (30) days after the re-measurement has been determined either (i) a written notice that Tenant has elected to use the Additional Allowance to fund the reduced amount (if sufficient funds remain in the Additional Allowance) or (ii) pay to Landlord the amount. In the case of a reduction in the Additional Allowance, the reduced amount shall be taken from the then available Additional Allowance or, if the Additional Allowance has been used by Tenant, Tenant shall, within thirty (30) days after the re-measurement has been determined, pay to Landlord the amount. In the event that the floor area of the Premises as determined by the re-measurement differs from the floor area of the Premises designated by Landlord, the parties shall enter into an amendment to this Lease setting forth the re-measured square footage in the Premises, the adjusted annual and monthly Base Rent under this Lease, and the adjusted Tenant’s Proportionate Share of Site Operating Costs. The party that elects to re-measure the Premises shall be responsible for its costs in connection with the re-measurement; provided, however, that if Tenant re-measures the Premise...
Re-measurement. The Contractor may, at any time after award, request re-measurement of any area. This request must be made in writing. Re-measurement will be made on the established boundaries. If re-measurement indicates a variance of less than one acre for units to 20 acres or less than five percent for units larger than 20 acres, the Contractor shall pay for the actual cost of re-measurement. If re-measurement indicates that actual acreage varies by more than the above factors, the Tribe will pay the cost of the re-measurement. In either case, payment will be made on the acreage as re-measured.
Re-measurement. Promptly following Substantial Completion, Developer shall cause the gross square feet of the Building and the rentable square feet of the office Units in the Building and the façade contact area of each portion of the Building, in each case as actually constructed, to be re-measured in accordance with the measurement methodology set forth on Exhibit Y attached hereto. If the rentable square feet of an office Unit based on such re-measurement is different by more than one-half of one percent (0.5%) than the rentable square feet of such Unit based on the Plans on the date hereof, as set forth in this Agreement, then (a) the rentable square feet of such Unit shall be increased or decreased, as applicable, based on such re-measurement, and (b) the Floor Area figures set forth in Section 16.01 shall be appropriately adjusted. If the rentable square feet of an office Unit based on such re-measurement is different by one-half of one percent (0.5%) or less than the rentable square feet of such Unit based on the Plans on the date hereof, then no adjustment shall be made and the rentable square feet of such Unit shall be deemed to equal the rentable square feet of such Unit set forth in this Agreement. Any dispute with respect to such re-measurement of the Building shall be submitted to Arbitration pursuant to the provisions of Article 14.
Re-measurement. Charterer has the right to request Owner to re-measure the Vessel up or down as the case may be and as permitted by the Classification Society for the purpose of satisfying certain port and/or terminal regulations. Such request, if any, shall be made in writing sufficiently in advance, but if any delay is occurred to Vessel’s schedule due to late issuance of such dwt documentation, such delay shall always be for Charterer’s account and all costs incurred to issue such certification shall be for the Charterer’s account.
Re-measurement. In the event that the size of the Shopping Center or it common areas changes and Landlord elects to re-measure and adjust the square footage of any areas of the Shopping Center, the Tenant's Proportionate Share of Common Area Maintenance Charges, Insurance Payments and Tax Payments and any other charges herein which are based upon the square footages of such areas shall be recalculated based on such adjusted square footages.
Re-measurement. Upon written request from Xxxxxx received by Landlord within thirty (30) days after the Lease Commencement Date, Landlord shall provide Tenant with a copy of Xxxxxxxx’s architect’s calculations of the measurement of the Premises and the Commercial/Garage Unit in accordance with the measurement standard set forth in Section 25.18 of the Lease (“Landlord’s Calculation”). Tenant shall have the right, at Xxxxxx’s sole cost and expense, to have Landlord’s Calculation confirmed (by a licensed architect selected by Tenant) in accordance with the measurement standard set forth in said Section 25.18. In the event that the measurement determined by Xxxxxx’s architect (“Tenant’s Calculation”) differs by no more than two percent (2%) (higher or lower) from Landlord’s Calculation, then Landlord’s Calculation shall control. In the event that Tenant’s Calculation differs from Landlord’s Calculation by more than two percent (2%) (higher or lower), then Tenant shall give Landlord written notice thereof (together with a copy of Tenant’s Calculation documentation) not later than thirty (30) days following Xxxxxx’s receipt of Landlord’s Calculation, and Landlord and Tenant, in coordination with their respective architects shall endeavor in good faith to resolve the discrepancy. If Landlord and Tenant are not able to resolve such discrepancy, then Landlord and Xxxxxx (in coordination with their respective architects) shall jointly appoint an independent architect within ten (10) days following a written notice requesting same from either Landlord or Tenant to the other, to resolve such discrepancy. The determination of such independent architect shall be binding on both Landlord and Tenant. If such independent architect determines that the rentable area differs by no more than two percent (2%) (higher or lower) from Landlord’s Calculation, then the fees of such independent architect shall be borne solely by Xxxxxx; otherwise the fees of such independent architect shall be split 50/50. Upon confirmation of the measurement pursuant to this Section 1 of this Rider 2, by the parties or by the independent architect as applicable, Landlord and Tenant shall promptly enter into an amendment to this Lease modifying such rentable area of the Premises, the Base Rent set forth in Section 1.9 of the Lease, and all other terms of this Lease that vary by measurement.
Re-measurement. Tenant acknowledges that Landlord desires to modify the methodology it currently employs for the measurement of the square footage of the Entire Project including certain portions of the Premises. Tenant shall reasonably cooperate with Landlord in good faith to permit the modification of the square footages of its Premises and it shall negotiate in good faith with Landlord to memorialize such modification in an amendment or other instrument that is mutually agreeable to Landlord and Tenant; provided, however, that nothing herein or in any such modification shall have an adverse impact on the rights and obligations of Tenant under the Amended Lease (economic or otherwise), including, without limitation, with respect to (i) the dollar amount of Rent payable by Tenant; and (ii) the amount of Operating Expenses actually payable despite changes in the percentage of Tenant’s Pro Rata Shares, which shall be finalized once all of the tenants in the Project have been updated to the new measurements of square footage. In addition, Landlord confirms and acknowledges that the actual number of parking spaces made available to Tenant under the Amended Lease on the South side of the Entire Project shall not be reduced as a result of the re-measurement contemplated hereunder.
Re-measurement. For purposes of this Lease, “rentable square feet” and “usable square feet” shall be calculated pursuant to Standard Method of Measuring Floor Area in Office Building, ANSI Z65.1 — 1996 (“BOMA”). The rentable and usable square feet of the Premises and the Building are subject to verification from time to time by Landlord’s space planner/architect and such verification shall be made in accordance with the provisions of this Section 2.2; provided, however, the Premises and Tenant’s Pro Rata Share shall not be subject to any such remeasurement during the initial Term. The determination of Landlord’s space planner/architect shall be conclusive and binding upon the parties. Following the initial Term, in the event that Landlord’s space planner/architect determines that the amounts thereof shall be different from those set forth in the Basic Lease Information, all amounts, percentages and figures appearing or referred to in this Lease based upon such incorrect amount (including, without limitation, the amount of the “Rent” as that term is defined in this Lease) shall be modified in accordance with such determination effective as of the date of such determination. If such determination is made, it will be confirmed in writing by Landlord to Tenant.
Re-measurement. Landlord and Tenant agree that the figures for the RSF within the Building and the Premises as set forth in Section 1.1 are estimates, Landlord will re-measure the Premises or Building using BOMA ANSI X00.0-0000, Xxxxxx “B” at any time prior to the date that is thirty (30) days following the Delivery Date. In connection with any remeasurement of the Premises or Building, Landlord will use the load factor for the Building (as reasonably determined by Landlord) to determine the rentable square footage of the Premises and Building. Landlord and Tenant will, within thirty (30) days following completion of the re-measurement, enter into an amendment to this Lease to account for such new measurements.
