Common use of Re-measurement Clause in Contracts

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 Premises and the floor area of the Premises as re-measured varies from [***]: Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. the amount stated in this Lease by more than [***], then Landlord shall reimburse Tenant for the actual costs incurred by Tenant to re-measure the Premises.

Appears in 2 contracts

Samples: Lease (Ulta Salon, Cosmetics & Fragrance, Inc.), Lease (Ulta Salon, Cosmetics & Fragrance, Inc.)

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Re-measurement. At any time from Landlord and after the Early Entry Date until the Commencement Date, Tenant and have agreed that Landlord shall each have the right to will re-measure the floor area of Premises and the Premises Building in accordance with Exterior Wall Methodology set forth in BOMA Standards. Landlord shall appoint an architectural firm (“Measuring Firm”) reasonably satisfactory to both Landlord and Tenant to conduct the “Standard Methods for Measuring Floor Area in Industrial Buildings,” as published in October 2004 by re-measurement of the Building Owners and/or Premises. Landlord shall provide the Measuring Firm CAD files, drawings and Managers Association International area spreadsheets for all floors and the Society of Industrial and Office Realtors. In the event that the floor area Common Areas of the Premises Building that are in Landlord’s possession. The re-measurement shall include rentable and useable measurements and an add-on factor 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 Measuring Firm in accordance with BOMA Standards. The Measuring Firm shall provide measurements and a proportionate share of Tenant’s Allowance drawings to both Landlord 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 footTenant for their review and mutual approval. 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 approve or disapprove the measurements and drawings within thirty (30) days after of receipt and shall provide written notice of such approval or disapproval to the other party and the Measuring Firm. If Landlord and Tenant both approve the measurements and drawings provided by the Measuring Firm, then such measurements and drawings shall be deemed final and approved. If Landlord and/or Tenant dispute the measurements and/or drawings, Landlord and Tenant shall appoint a second architectural firm (“Second Measuring Firm”) reasonably satisfactory to both parties to conduct a second re-measurement of the Building and Premises. The Second Measuring Firm shall follow the same procedures set forth above for the initial Measuring Firm; provided, however, that the Second Measuring Firm’s drawings and measurements shall be deemed final and Landlord and Tenant shall have no approval rights with regard thereto. The cost of the re-measuring of the Building and Premises shall be borne by Landlord; however, if there is a second re-measuring, the costs of such second re-measurement shall be divided equally between Landlord and Tenant. Notwithstanding the above, in no event shall the Base Rent be decreased or increased due to the re-measurement has been determined either (i) a written notice that Tenant has elected to use of 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 Premises, however, Tenant’s Pro-rata Share of a reduction in the Additional AllowanceHigh-Rise, the reduced amount Low-Rise and Revised Operating Expenses 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 adjusted based upon such re-measurement has been determined, pay to Landlord the amount. In the event that the floor area and shall become effective as of the Premises as determined by the re-measurement differs from the floor area Rent Commencement Date of the Premises designated by Landlord, the parties shall this Lease. Landlord and Tenant agree to promptly enter into an amendment to this Lease setting forth incorporating any changes to the re-measured square footage in the Premises, the adjusted annual and monthly Base Rent under provisions of this Lease, and the adjusted Tenant’s Proportionate Share Lease as a result of Site Operating Costs. The party that elects to re-measure the Premises shall be responsible for its costs in connection with the such re-measurement; provided, however, that if Tenant re-measures the Premises and the floor area of the Premises as re-measured varies from [***]: Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. the amount stated in this Lease by more than [***], then Landlord shall reimburse Tenant for the actual costs incurred by Tenant to re-measure the Premises.

Appears in 2 contracts

Samples: Lease Agreement (Gramercy Capital Corp), Lease Agreement (Gramercy Capital Corp)

Re-measurement. At any time from and after the Early Entry Date until the Commencement Date, Tenant and Landlord shall each have cause the right Premises and the Project to be re-measure the floor area of the Premises measured in accordance with Exterior Wall Methodology set forth in BOMA and such new measurements will apply to this Lease. (For example, the “Standard Methods rentable square feet attributable to Cafeteria will be deducted from the Premises rentable square feet while a proportionate amount of such square footage will be added to the Premises rentable square feet as part of the load factor). The load factor for Measuring Floor Area in Industrial Buildings,” as published in October 2004 by the Premises will not include any portion of the interior of Building Owners and Managers Association International and the Society of Industrial and Office Realtors3. In the event that Tenant disagrees with the floor area of the Premises remeasured square footage as determined by the re-measurement differs from the floor area of the Premises designated stated by Landlord’s space measurement consultant, 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 have the right, exercisable only within thirty (30) days after the re-measurement has been determined either (i) a date Landlord gives Tenant 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(the “Confirmation Period”), pay to Landlord remeasure the amountProject in accordance with the BOMA Standard. In the event that Tenant provides Landlord with written notice (“Square Footage Notice”) within the floor area Confirmation Period, that subsequent remeasurement of the Premises Project by Tenant in accordance with the BOMA Standard has produced a rentable square footage number that is more than five percent (5.0%) in excess of or lower than the rentable square footage number prepared by Landlord, and if Landlord does not dispute such remeasurement, any payments due to Landlord from Tenant based upon the number of rentable square feet contained in the Project shall be proportionally, prospectively (but not retroactively) reduced or increased, as determined appropriate, to reflect the actual number of rentable square feet, as properly remeasured under the BOMA Standard (but no change in measurement affects Monthly Rental) . Tenant’s failure to deliver the Square Footage Notice prior to expiration of the Confirmation Period, shall be deemed to constitute Tenant’s acceptance of the square footage stated by Landlord’s space measurement consultant. If Landlord disagrees with Tenant’s remeasurement and if a dispute occurs regarding the final accuracy of such measurements, Landlord and Tenant shall agree upon a mutually acceptable architect to remeasure the Project in accordance with the BOMA Standard and the determination of such architect shall be binding upon Landlord and Tenant. The cost of such of such mutually agreed architect shall be borne by Landlord and Tenant equally. Until such determination is made by the re-measurement differs from the floor area of the Premises designated by Landlordmutually selected architect, the parties shall enter into an amendment to this Lease setting forth utilize the re-measured square footage in the Premisesfigure determined by Landlord’s space measurement consultant; thereafter, the adjusted annual and monthly Base Rent under this Lease, and parties shall make 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 Premises and the floor area of the Premises as re-measured varies from [***]: Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. the amount stated in this Lease by more than [***], then Landlord shall reimburse Tenant for the actual costs incurred by Tenant to re-measure the Premisesappropriate retroactive adjustments.

Appears in 1 contract

Samples: Lease (Neurocrine Biosciences Inc)

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Re-measurement. At any time from The Building, including the Existing Premises, the Suite 3400 Premises, and after the Early Entry Date until the Commencement DateFifth Amendment Premises, Tenant and Landlord shall each have the right to re-measure the floor area of the Premises were originally measured in accordance with Exterior Wall Methodology set forth in the BOMA/ANSI Z65.1-1996 Standard Methods Method for Measuring Floor Area in Industrial Office Buildings,” , as published modified (“BOMA”). Landlord has recently completed the process of re-measuring such areas in October 2004 accordance with the Standard Method of Measuring Floor Area in Office Buildings, ANSI Z65.1 – 2017 and its accompanying guidelines ("2017 BOMA"), as promulgated by the Building Owners and Managers Association International Association. Attached hereto as Exhibit C is a certificate executed by Landlord’s architect certifying such re-measurement, and the Society of Industrial and Office Realtors. In the event that the floor area RSF of the Fifth Amendment Premises has been adjusted to the revised measurement shown on such certificate, and all amounts under this Fifth Amendment calculated based on the RSF of such space have been modified as determined by appropriate to account for the revised measurement. The RSF of the Suite 3400 Premises shall be amended effective as of the Suite 3400 Premises Commencement Date, and the RSF of the Lease Extension Premises shall be amended effective as of September 1, 2025, and all amounts under this Fifth Amendment calculated based on the RSF of the Suite 3400 Premises or the Lease Extension Premises, as the case may be, shall be then modified as appropriate to account for the revised measurement. The RSF of the remainder of the Existing Premises is also being re-measured, but Landlord and Tenant agree that such re-measurement differs from shall not affect the floor area Rent payable for the Existing Premises during the remainder of the existing Lease Term applicable to the Existing Premises designated by Landlord, then (excluding 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 Lease Extension 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 Premises and the floor area of the Premises Building contains 945,772 RSF as re-measured varies from [***]: Certain information on this page has been omitted and filed separately by Landlord in accordance with the Commission. Confidential treatment has been requested with respect to the omitted portions. the amount stated in this Lease by more than [***], then Landlord shall reimburse Tenant for the actual costs incurred by Tenant to re-measure the Premises2017 BOMA.

Appears in 1 contract

Samples: Office Lease (Lyft, Inc.)

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