Remeasurement. Within sixty (60) days after the Commencement Date, upon request of Tenant, Landlord shall have its architect (“Landlord’s Architect”) measure the final Building to determine the number of rentable square feet therein, in accordance with the 2012 Industrial Buildings: Standard Methods of Measurement as adopted by the Building Owners and Managers Association (ANSI/BOMA Z65.2-2012 (provided, however, that in no event shall the TI Allowance or any item of Rent be increased by more than one percent (1%) as a result of such measurement) and thereafter the results thereof shall be presented to Tenant in writing. If Tenant disputes the measurement of Landlord’s Architect, Tenant shall notify Landlord within five (5) business days after receipt by Tenant of such measurement, together with a detailed justification for such dispute. Tenant shall then have fifteen (15) days to have an architect selected by Tenant (“Tenant’s Architect”) measure the Building using the procedures set forth herein. If Tenant’s Architect disputes the findings of Landlord’s Architect, both Architects shall meet in good faith for a period not to exceed fifteen (15) days and try to reach agreement on the number of rentable square feet. If the Architects cannot reach agreement within such period, the Architects shall in good faith select a third, independent architect (the “Resolution Architect”) to measure the Building. The measurement of the Resolution Architect shall be final and binding on all parties. All fees and costs payable to Landlord’s Architect and/or Tenant’s Architect shall be paid by Tenant. Tenant and Landlord shall each be responsible for one-half of the fees and costs payable to the Resolution Architect. If the Lease Term commences prior to such final determination, 430,500 rentable square feet shall be utilized until a final determination is made, whereupon an appropriate adjustment, if necessary, shall be made retroactively, and Landlord or Tenant shall make appropriate payment (if applicable). Notwithstanding the foregoing, Landlord shall have no obligation to repay any Abated Rent to Tenant in the event such remeasurement results in a decrease in Rent.
Remeasurement. Landlord and Tenant acknowledge and agree that prior to the date hereof, the Project, the Building and that portion of the Existing Premises known as Suite 400 were remeasured and as a result, the rentable square feet of each has increased. Accordingly, the Basic Lease Information is hereby amended as follows:
Remeasurement. Landlord remeasured the Premises and the Property. As a result of such remeasurement, the Premises were found to contain approximately 18,234 square feet, and the Property was found to contain approximately 144,002 square feet. Landlord and Tenant acknowledge that, as of the Renewal Date (hereinafter defined), (a) the Premises contain approximately 18,234 square feet, (b) the Property contains approximately 144,002 square feet, (c) Tenant’s Pro Rata Share is 12.6623%, and (d) the Lease is amended accordingly.
Remeasurement. The parties acknowledge and agree that the Pro Rata Shares and Percentage Shares set forth in this Section 7 with respect to the Expansion Space represent Landlord’s remeasurement of the 4009 Miranda Building and the Complex. Accordingly, for purposes of the Expansion Space only, the rentable square footage of the 4009 Miranda Building is deemed to be 54,724 and the rentable square footage of the Complex is deemed to be 195,366.
Remeasurement. The parties hereby agree that the square footage of the Office Building and the Science Building have been recalculated based on a remeasurement of such Buildings, and, therefore, effective as of January 1, 2017 the following measurements shall be applicable for all purposes: Science Building: 135,490 rentable square feet Office Building: 171,514 rentable square feet Landlord hereby agrees that, although Tenant’s Building Pro Rata Shares have been amended as provided in Section 5 below, Landlord shall not remeasure the Existing Premises or the Additional Premises for the remainder of the Term and the Extension Term (as defined in Section 11 of the Second Amendment) unless the physical boundaries thereof are changed by mutual agreement of the parties, nor shall Tenant’s Building Pro Rata Shares increase during the remainder of the Term and the Extension Term notwithstanding any further measurement of the Existing Premises or Additional Premises unless the physical boundaries thereof are changed by mutual agreement of the parties.
Remeasurement. Notwithstanding anything to the contrary set forth in the Lease, Landlord and Tenant acknowledge and agree that as of the Effective Date: (i) the location of a demising walls separating the 130 Premises from the remainder of the 130 Building has been modified as shown on Exhibit A attached hereto, and accordingly Landlord has remeasured the 130 Premises and (ii) according to such remeasurement, (a) the 130 Premises contains 23,003 rentable square feet of space and (b) the Premises contains a total of 110,611 rentable square feet of space.
Remeasurement. Landlord and Tenant acknowledge and agree that Landlord has remeasured the Building and that, according to such remeasurement, the square footage of the Suite 300/120 Expansion Space is 34,730 rentable square feet and the square footage of the Building is 134,728 rentable square feet. Accordingly, with respect to the Suite 300/120 Expansion Space, the rentable square footage of Suite 300/120 is deemed to be 34,730 square feet and the Rentable Square Footage of the Building shall be deemed to be 134,728 square feet. The foregoing shall not affect the rentable square footage of, or Tenant’s Pro Rata Share in connection with, any portion of the Existing Premises.
Remeasurement. Landlord shall have its architect measure the Building and the Premises upon completion of construction and shall promptly provide written notice of such measurements to Tenant. Tenant shall have the one-time right, within thirty (30) following receipt of such notice, to verify the square footage by an architect that is reasonably acceptable to Landlord and Tenant, using the ANSI/BOMA-Z65.1-2010 measurement standard. In any event, if the rentable square footage of the Premises or Building is different than that set forth in this Lease, the Base Rent, Tenant’s Percentage Share and the Security Deposit shall be adjusted to reflect the actual square footage; provided, however, in no event shall the rentable square footage of the Premises be deemed to be more than 105% of the amount set forth in the Basic Lease Information.
Remeasurement. Effective as of the Extension Date (defined below), the rentable square footage of the Existing Premises shall be 11,205 rentable square feet (the “Remeasured Existing Premises”). Landlord and Tenant acknowledge that the revised square footage of the Existing Premises is the result of the New Measurement, and the resulting remeasured Building rentable square footage is 524,805 rentable square feet. Notwithstanding the New Measurement, Tenant’s Share and all Rent and other charges under the Lease with respect to the Existing Premises shall remain unchanged until the Extension Date, at which time Tenant’s Share and all Rent and other charges under the Lease shall be calculated based on the New Measurement.
Remeasurement. Landlord and Tenant acknowledge that the Building and the 6th Floor Premises have been remeasured pursuant to current BOMA standards (ANSI/BOMA Z65.1- 2017), and notwithstanding anything to the contrary contained in the Lease, as of the Effective Date, the 6th Floor Premises shall be deemed to contain a total of 7,831 rentable square feet and the Building shall be deemed to contain a total of 127,586 rentable square feet. Following the remeasurement, the Premises shall be deemed to contain a total of 16,180 rentable square feet.
