Common use of Remeasurement Clause in Contracts

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. Within sixty (60) days after the Commencement DateShell Completion Date (as defined in Exhibit C) Landlord, upon request of Tenantat Landlord’s expense, shall cause the architect that designed the Building (or such other architect as Landlord shall have its architect designate (“Landlord’s Architect”) measure to calculate the final Building to determine the number of rentable square feet therein, Rentable Square Feet 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 Premises. Landlord 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 submit to Tenant in writingLandlord’s Architect’s detailed calculation by written notice, which shall include CAD drawings. If Tenant disputes shall dispute the measurement Rentable Square Feet calculation of the Building or the Premises, Tenant may send a Dispute Notice (as defined in Article 30) disputing Landlord’s Architect’s calculation to Landlord within sixty (60) days after the delivery of such Landlord’s Architect’s calculation to Tenant, which Dispute Notice shall specify the respects in which Tenant’s Architect believes Landlord’s Architect’s calculation is incorrect, and the dispute resolution mechanism of Article 30 shall become applicable. If Tenant does not send a Dispute Notice to Landlord within the sixty (60) day period after the delivery of Landlord’s Architect’s calculation to Tenant, Tenant shall notify Landlord within five (5) business days after receipt by Tenant then the amount 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 Rentable Square Feet stated in Landlord’s Architect’s calculations shall be deemed correct for all purposes of this Lease and shall no longer be subject to change. Landlord and Tenant hereby agree that all measures of Rentable Square Feet set forth in this Lease shall be deemed conclusive and binding on Landlord and Tenant, both Architects shall meet unless altered in good faith for a period not accordance with Section 2.2 (b) of this Lease. Upon finalization of the Rentable Square Feet of the Building, the parties agree to exceed fifteen (15) days enter into an amendment to this Lease specifying the final plans of each of the floors of the Premises, the Lease Term, the rent hereunder, floor by floor Rentable Square Feet measurements, Tenant’s Share and try to reach agreement other items that are based on the number of rentable square feet. If Rentable Square Feet in the Architects cannot reach agreement within such period, the Architects shall in good faith select a third, independent architect (the “Resolution Architect”) to measure Premises and the Building. The measurement During the pendency of the Resolution Architect any such dispute Tenant shall be final and binding pay Annual Fixed Rent to Landlord based 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 with 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 adjustment once such remeasurement results in a decrease in Rentdispute has been resolved.

Remeasurement. Within sixty Tenant acknowledges that Landlord is undertaking and has the right to undertake a remeasurement of the Property (60) days after the Commencement Dateand/or portions thereof). Accordingly, upon request completion of TenantLandlord’s remeasurement, which may be performed by Xxxxxxxxx Systems, Landlord shall have its architect calculate the rentable square footage of the Building pursuant to BOMA (“as defined on Exhibit C), and calculate the rentable square footage of the other buildings located on the Property pursuant to BOMA Modified (as defined on Exhibit C) or Xxxxxxxxx Life Science Method, and deliver to Tenant (A) a statement setting forth any changes to (i) the Building’s Share of Property, and (ii) Tenant’s Share of Operating Expenses, resulting from such remeasurement, and (B) back-up calculations. Landlord’s Architect”statement in clause (A) measure the final Building shall be binding on Landlord and Tenant and constitute an amendment to determine the number of rentable square feet therein, in accordance with the 2012 Industrial Buildingsthis Lease unless Tenant timely gives written notice to Landlord as set forth below. Tenant shall execute and return an acknowledgement prepared by Landlord of: 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 the Building’s Share of Property, and/or (2) Tenant’s Share of Operating Expenses, resulting from the remeasurement within 20 days following Landlord’s request. Landlord’s request for such acknowledgement shall contain a result of such measurement) and thereafter the results thereof shall be presented notice to Tenant in writing. If large bold face type font that Tenant’s failure to contest the remeasurement within 20 days shall be deemed Tenant’s unconditional and irrevocable acknowledgement and agreement of the facts contained therein, and if Tenant disputes the measurement fails to give Landlord written notice of Landlord’s Architectits objections thereto within such 20 day period, Tenant shall notify be deemed to have unconditionally and irrevocably acknowledged and agreed to the facts contained therein. If there is any disagreement with respect to the facts contained in such acknowledgement of the remeasurement, then Tenant must raise the same by written notice to Landlord within five 20 days of receipt of the statement in clause (5A) business days after receipt by or Tenant will have irrevocably waived the right to object. Tenant may include in such notice any documentation and evidence that Tenant believes will be useful. Landlord will provide a copy of such measurement, together with a detailed justification for such dispute. Tenant shall then have fifteen (15) days documentation and evidence 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 Architectarchitect for its consideration and evaluation. Following Landlord’s timely receipt of the objection notice from Tenant, both Architects the parties shall meet reasonably and in good faith for discuss such matters, including without limitation, 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 discussion of the Resolution Architect evidence presented by Tenant for consideration; provided that any dispute not resolved by written agreement of Landlord and Tenant will be resolved by Landlord’s architect, whose determination shall be final conclusive, final, and binding on all partiesLandlord and Tenant. All fees and costs payable to Notwithstanding Landlord’s Architect and/or Tenant’s Architect remeasurement, Landlord and Tenant agree that the Base Rent, the Tenant Improvement Allowance, the Supplemental Tenant Improvement Allowance and the Lobby Allowance 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 amounts set forth in a decrease in Rentthis Amendment and shall not be adjusted based on Landlord’s remeasurement.

Remeasurement. Within sixty (60) days after The actual rentable area of the Commencement Date, upon request of Tenant, Landlord shall have its architect (“Landlord’s Architect”) measure Premises will be determined by the final Building to determine the number of rentable square feet therein, Consultant in accordance with the 2012 Industrial Buildings: Measurement Standard Methods and the Basic Rent shall be adjusted accordingly. Landlord shall deliver to Tenant within 30 days following the Building B Turnover Date and the Building C Turnover Date, as applicable, an executed certificate of Measurement as adopted measurement prepared by the Consultant and in accordance with the Measurement Standard showing the certified rentable area of the Building Owners B Premises and Managers Association Building C Premises, as applicable (ANSI/BOMA Z65.2-2012 each a “Certificate”). Tenant may, within one hundred and twenty (provided120) days of its receipt of the Certificate, howeverat its option and cost, that retain an architect qualified 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 Ontario to Tenant in writing. If Tenant disputes verify the measurement of Landlord’s Architectthe rentable area of the Building B Premises and Building C Premises, Tenant shall notify Landlord within five as applicable, and to produce a certificate therefor (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 (the “Tenant’s ArchitectCertificate”) 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 periodTenant’s Certificate shows a rentable area of the Building B Premises and Building C Premises, as applicable, that is smaller than the rentable area set out in the Certificate by a variance of less than two percent (2%), the Architects shall in good faith select a third, independent architect (the “Resolution Architect”) to measure the Building. The measurement determination of the Resolution Architect rentable area of the Building B Premises and Building C Premises, as applicable, as shown in the Certificate shall be final and binding on all parties. All fees Landlord 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 Tenant’s Certificate shows a rentable area of the Building B Premises and Building C Premises, as applicable, that is smaller than the rentable area set out in the Certificate by a variance of two percent (2%) or more and if the parties cannot agree on a rentable area of the Building B Premises and Building C Premises, as applicable, within 30 days from Tenant’s notice to such final determinationLandlord appending the Tenant’s Certificate, 430,500 the rentable square feet shall be utilized until a final determination is madearea of the Building B Premises and Building C Premises, whereupon an appropriate adjustment, if necessaryas applicable, shall be made retroactivelydetermined by a mutually agreed upon third-party architect qualified in Ontario who shall review the measurement standard, the Certificate and the Tenant’s Certificate, and Landlord or Tenant whose determination shall make appropriate payment (if applicable)bind the parties, absent manifest error. Notwithstanding If the foregoingparties cannot agree on such architect, Landlord shall have no obligation then the matter may be referred to repay any Abated Rent to Tenant arbitration in accordance with the event such remeasurement results in a decrease in Rentprovisions of this Lease.

Remeasurement. Within sixty (60) days after the Commencement DateShell Completion Date (as defined in Exhibit C) Landlord, upon request at Landlord's expense, shall cause the architect that designed the Building (or such other architect as Landlord shall designate ("Landlord's Architect") to calculate the Rentable Square Feet in the Building and Premises. Landlord shall submit to Tenant Landlord's Architect's detailed calculation by written notice, which shall include CAD drawings. If Tenant shall dispute the Rentable Square Feet calculation of the Building or the Premises, Tenant may send a Dispute Notice (as defined in Article 30) disputing Landlord's Architect's calculation to Landlord within sixty (60) days after the delivery of such Landlord's Architect's calculation to Tenant, which Dispute Notice shall specify the respects in which Tenant's Architect believes Landlord's Architect's calculation is incorrect, and the dispute resolution mechanism of Article 30 shall become applicable. If Tenant does not send a Dispute Notice to Landlord within the sixty (60) day period after the delivery of Landlord's Architect's calculation to Tenant, then the amount of Rentable Square Feet stated in Landlord's Architect's calculations shall have its architect (“Landlord’s Architect”) measure the final Building be deemed correct for all purposes of this Lease and shall no longer be subject to determine the number change. Landlord and Tenant hereby agree that all measures of rentable square feet thereinRentable Square Feet set forth in this Lease shall be deemed conclusive and binding on Landlord and Tenant, unless altered in accordance with Section 2.2 (b) of this Lease. Upon finalization of the 2012 Industrial Buildings: Standard Methods Rentable Square Feet of Measurement as adopted the Building, the parties agree to enter into an amendment to this Lease specifying the final plans of each of the floors of the Premises, the Lease Term, the rent hereunder, floor by the Building Owners floor Rentable Square Feet measurements, Tenant's Share and Managers Association (ANSI/BOMA Z65.2-2012 (provided, however, other items 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 are based on the number of rentable square feet. If Rentable Square Feet in the Architects cannot reach agreement within such period, the Architects shall in good faith select a third, independent architect (the “Resolution Architect”) to measure Premises and the Building. The measurement During the pendency of the Resolution Architect any such dispute Tenant shall be final and binding pay Annual Fixed Rent to Landlord based 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 's determination, 430,500 rentable square feet shall be utilized until a final determination is made, whereupon with 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 adjustment once such remeasurement results in a decrease in Rentdispute has been resolved.