Common use of Rentable and Usable Square Feet Clause in Contracts

Rentable and Usable Square Feet. The rentable and usable square feet for the Premises are approximately as set forth in Section 6.1 of the Summary. For purposes hereof, the "usable square feet" of the Premises and the "rentable square feet" of the Premises and the Buildings in the Project (and the Adjacent Building (if and when constructed and only if included as part of the Project based on the Project Inclusion Restrictions) shall be calculated by Landlord pursuant to the Standard Method For Measuring Floor Area in Office Buildings, ANSI Z65.1-1996 ("BOMA Standard"). The rentable and usable square feet of the Premises and the rentable square feet of the Buildings (and the Adjacent Building (if and when constructed and only if included as pert of the Project based on the Project Inclusion Restrictions)) are subject to verification by Landlords planner /designer at any time after the data hereof, and with respect to any Building Expansion Space leased by Tenant pursuant to Section 1.4 below and/or any First Offer Space leased by Tenant pursuant to Section 1.5 below, upon the date such Building Expansion Space and/or First Offer Space,(as the case may be) is delivered to Tenant or as soon thereafter as reasonably practicable. In the event the Adjacent Building is added as pan of the Project in accordance with Section 1.12 above, then Landlord acknowledges and agrees that the rentable and usable square feet of such Adjacent Building will be measured and verified by Landlords planner /designer in accordance with the BOMA Standard and that Tenants Project Share of Project Operating Expenses and Project Utilities Costs will, pursuant to Section 4.2.10 below, be adjusted to take into account such addition of the Adjacent Building to the Project. Any such verification shall be made in accordance with the provisions of this Section 13. Tenant's architect may consult with Landlord's planner/designer regarding such verification. Tenant shall have the right, exercisable at any time after the date Landlord gives Tenant written notice of the final measurements of the Premises and the Building (or when appropriate, the Building Expansion Space and/or the First Offer Space), or otherwise at any time during the Lease Term, to remeasure the Premises and Building (or when appropriate, the Building Expansion Space and/or the First Offer Space), in accordance with the BOMA Standard and the other terms of this Section 1.3. If Tenant's remeasurements differ from the measurements set forth in Section 6 of the Summary or Landlord's measurements (in the event Landlord remeasured the Premises and/or the Building as provided above) and Tenant notifies Landlord thereof, the parties shall, within thirty (30) days thereafter, attempt in good faith to resolve such differences, but if the parties cannot resolve such differences within such 30 -day period, the final measurements of the Building and the Premises (and when appropriate, the Building Expansion Space and/or the First Offer Space), shall be resolved pursuant to binding arbitration under the auspices of JAMS/ENDISPUTE (or any successor organization) in San Diego County, California according to the then rules of commercial arbitration for such organization but with reference to the BOMA Standard, and the arbitrators resolving such dispute shall only have jurisdiction to determine the square footage of the Premises and Building in dispute (and when appropriate, the Building Expansion Space and/or the First Offer Space) and shall not have the jurisdiction to modify the terms of this Lease. During the period from the Lease Commencement Date until any dispute regarding the square footage of the Premises and Building is resolved, the rentable and usable square footage amounts set forth in the Summary shall be utilized for all purposes under this Lease. In the event that it is determined pursuant to any remeasurement under this Section 1.3 that the rentable and/or usable square feet of the Premises (and when appropriate, the Building Expansion Space and/or the First Offer Space), and/or the rentable square feet of the Building pursuant to the BOMA Standard, shall be different from the amounts thereof set forth In this lease, Landlord shall modify all amounts, percentages and figures appearing or referred to in this Lease to conform to such corrected square footage amounts therefor (including, without limitation, (i) the amount of the Base Rent, (ii) Tenant's Project Share of Project Operating Expenses and Project Utilities Costs and Tax Expenses, (iii) Tenants Building Share of Building Operating Expenses and Building Utilities Costs, (iv) the Tenant Improvement Allowance, and (v) the Refurbishment Allowance (as defined in the Extension Rider), if applicable). Any such modifications shall be confirmed in writing by Landlord to Tenant.

Rentable and Usable Square Feet. The rentable and usable square .square feet for the Premises are arc approximately as set forth in Section 6.1 of the Summary. For purposes hereof, the "usable square feet" of the Premises and the "rentable square feet" of the Premises and the Buildings in the Project (and the Adjacent Building (if and when constructed and only if included as part of in the Project based on the Project Inclusion Restrictions) shall be calculated by Landlord pursuant to the Standard Standard' Method For for Measuring Floor Area in Office Buildings, ANSI Z65.1265.1-1996 ("BOMA StandardBOMA"), as modified for the Protect pursuant to Landlord's standard rentable area measurements for the Project, to include, among other calculations, a portion of the common areas and service areas of the Buildings and the Adjacent Building in the Project. The rentable and usable square feet of the Premises and the rentable square feet of the Buildings (and the Adjacent Building (if and when constructed and only if included as pert of the Project based on the Project Inclusion Restrictions)) are subject to verification by Landlords planner /designer Landlord's planner/designer at any time after the data hereofdate hereof and, and with respect to any Building Expansion Space leased by Tenant pursuant to Section 1.4 below and/or any First Offer Space leased by Tenant pursuant to Section 1.5 I.4 below, upon the date such Building Expansion Space and/or First Offer Space,(as the case may be) Space is delivered to Tenant or as soon thereafter as reasonably practicable. In the event the Adjacent Building is added as pan of the Project in accordance with Section 1.12 above, then Landlord acknowledges and agrees that the rentable and usable square feet of such Adjacent Building will be measured and verified by Landlords planner /designer in accordance with the BOMA Standard and that Tenants Project Share of Project Operating Expenses and Project Utilities Costs will, pursuant to Section 4.2.10 below, be adjusted to take into account such addition of the Adjacent Building to the Project. Any such verification shall be made in accordance with the provisions of this Section 131.3. Tenant's architect may consult with Landlord's planner/designer regarding such verification. Tenant shall have the right, exercisable at any time within ninety (90) days after the date Landlord gives Tenant written notice of the final measurements of the Premises and the Building (or when appropriate, the Building Expansion Space and/or the First Offer Space), or otherwise at any time during the Lease Term, to remeasure the Premises and Building (or when appropriate, the Building Expansion Space and/or the First Offer Space), in accordance with the BOMA Standard and the other terms of this Section 1.3. If Tenant fails to timely elect to remeasure within such 90-day period, then Landlord's measurements shall be conclusive and binding on Tenant. If Tenant's remeasurements differ from the measurements set forth in Section 6 of the Summary or Landlord's measurements (in the event Landlord remeasured the Premises and/or the Building as provided above) and Tenant notifies Landlord thereofthereof within such 90-day period, the tine parties shall, within thirty (30) days thereafter, attempt in good faith to resolve such differences, but if the parties cannot resolve such differences within such 30 -day 30-day period, the final measurements of the Building and the Premises (and when appropriate, the Building Expansion Space and/or the First Offer Space), shall be resolved pursuant to binding binding, arbitration under ender the auspices of JAMS/ENDISPUTE (or any successor organization) in San Diego County, California according to the then rules of commercial arbitration for such organization but with reference to the BOMA Standard, and the arbitrators resolving such dispute shall only have jurisdiction to determine the square footage of the Premises and Building in dispute (and when appropriate, the Building Expansion Space and/or the First Offer Space) and shall not have the jurisdiction to modify the terms of this Lease. Tessa During the period from the Lease Commencement Date until any dispute regarding the square footage of the Premises and Building is resolved, the rentable and usable square footage amounts set forth in the Summary shall be utilized for all purposes under this Lease. In the event that it is determined pursuant to any remeasurement under this Section 1.3 that the rentable and/or usable square feet of the Premises (and when appropriate, the Building Expansion Space and/or the First Offer Space), and/or the rentable square feet Poet of the Building pursuant to the BOMA Standard, shall be different from the amounts thereof set forth In in this leaseLease, Landlord shall modify all amounts, percentages and figures appearing or referred to in this Lease to conform to such corrected square footage amounts therefor (including, without limitation, (i) the amount of the Base Rent, (ii) Tenant's Project Share of Project Operating Expenses Expenses, Tax Expense and Project Utilities Costs and Tax Expenses, (iii) Tenants Building Share of Building Operating Expenses and Building Utilities Costs, (iv) the Tenant Improvement Allowance, and (v) the Refurbishment Allowance (as defined in the Extension Rider), if applicable). Any such modifications shall be confirmed in writing by Landlord to Tenant.

Rentable and Usable Square Feet. The rentable and usable square feet for the Premises are approximately as set forth in Section 6.1 of the Summary. For purposes hereof, the "usable square feet" of the Premises and the "rentable square feet" of the Premises and .and the Buildings in the Project (and the Adjacent Building (if and when constructed and only if included as part of in the Project based on the Project Inclusion Restrictions) shall be calculated by Landlord pursuant to the Standard Method For for Measuring Floor Area in Office Buildings, ANSI Z65.1-1996 ("BOMA StandardBOMA"), as modified for the Project pursuant to Landlord's standard rentable area measurements for the Project, to include, among other calculations, portion of the common areas and service areas of the Buildings and the Adjacent Building in the Project. The rentable and usable square feet of the Premises and the rentable square feet of the Buildings (and the Adjacent Building (if and when constructed and only if included as pert of the Project based on the Project Inclusion Restrictions)) are subject to verification by Landlords planner /designer Landlord's planner/designer at any time after the data hereofdate hereof and, and with respect to any Building Expansion Space leased by Tenant pursuant to Section 1.4 below and/or any First Offer Space leased by Tenant pursuant to Section 1.5 1.4 below, upon the date such Building Expansion Space and/or First Offer Space,(as the case may be) Space is delivered to Tenant or as soon thereafter as reasonably practicable. In the event the Adjacent Building is added as pan of the Project in accordance with Section 1.12 above, then Landlord acknowledges and agrees that the rentable and usable square feet of such Adjacent Building will be measured and verified by Landlords planner /designer in accordance with the BOMA Standard and that Tenants Project Share of Project Operating Expenses and Project Utilities Costs will, pursuant to Section 4.2.10 below, be adjusted to take into account such addition of the Adjacent Building to the Project. Any such verification shall be made in accordance with the provisions of this Section 131.3. Tenant's architect may consult with Landlord's planner/designer regarding such verification. Tenant shall have the right, exercisable at any time within one hundred twenty (120) days after the date Landlord gives Tenant written notice of the final measurements of the Premises and the Building (or when appropriate, the Building Expansion Space and/or the First Offer Space), or otherwise at any time during the Lease Term, to remeasure the Premises and Building (or when appropriate, the Building Expansion Space and/or the First Offer Space), in accordance with the BOMA Standard and the other terms of this Section 1.3. If Tenant fails to timely elect to remeasure within such 120-day period, then Landlord's measurements shall be conclusive and binding on Tenant. If Tenant's remeasurements differ from the measurements set forth in Section 6 of the Summary or Landlord's measurements (in the event Landlord remeasured the Premises and/or the Building as provided above) and Tenant notifies Landlord thereofthereof within such 120-day period, the parties shall, within thirty (30) days thereafter, attempt in good faith to resolve such differences, but if the parties cannot resolve such differences within such 30 -day 30-day period, the final measurements of the Building and the Premises (and when appropriate, the Building Expansion Space and/or the First Offer Space), shall be resolved pursuant to binding arbitration under the auspices of JAMS/ENDISPUTE (or any successor organization) in San Diego County, California according to the then rules of commercial arbitration for such organization but with reference to the BOMA Standard, and the arbitrators resolving such dispute shall only have jurisdiction to determine the square footage of the Premises and Building in dispute (and when appropriate, the Building Expansion Space and/or the First Offer Space) and shall not have the jurisdiction to modify the terms of this Lease. During the period from the Lease Commencement Date until any dispute regarding the square footage of the Premises and Building is resolved, the rentable and usable square footage amounts set forth in the Summary shall be utilized for all purposes under this Lease. In the event that it is determined pursuant to any remeasurement under this Section 1.3 that the rentable and/or usable square feet of the Premises (and when appropriate, the Building Expansion Space and/or the First Offer Space), and/or the rentable square feet of the Building pursuant to the BOMA Standard, shall be different from the amounts thereof set forth In in this leaseLease, Landlord shall modify all amounts, percentages and figures appearing or referred to in this Lease to conform to such corrected square footage amounts therefor (including, without limitation, (i) the amount of the Base Rent, (ii) Tenant's Project Share of Project Operating Expenses Expenses, Tax Expense and Project Utilities Costs and Tax Expenses, (iii) Tenants Building Share of Building Operating Expenses and Building Utilities Costs, (iv) the Tenant Improvement Allowance, and (v) the Refurbishment Allowance (as defined in the Extension Rider), if applicable). Any such modifications shall be confirmed in writing by Landlord to Tenant.

Rentable and Usable Square Feet. The rentable and usable square feet for the Premises are approximately as set forth in Section 6.1 of the Summary. For purposes hereof, the "usable square feet" of the Premises and the "rentable square feet" of the Premises and the Buildings in the Project (and the Adjacent Building (if and when constructed and only if included as part of the Project based on the Project Inclusion Restrictions) shall be calculated by Landlord pursuant to the Standard Method For Measuring Floor Area in Office Buildings, ANSI Z65.1-1996 ("BOMA Standard"). The rentable and usable square feet of the Premises and the rentable square feet of the Buildings (and the Adjacent Building (if and when constructed and only if included as pert of the Project based on the Project Inclusion Restrictions)) are subject to verification by Landlords planner /designer at any time after the data hereof, and with respect to any Building Expansion Space [***] leased by Tenant pursuant to Section 1.4 below and/or any First Offer Space [***] leased by Tenant pursuant to Section 1.5 below, upon the date such Building Expansion Space [***] and/or First Offer Space,(as [***],(as [***] Confidential portions of this document have been redacted and filed separately with the Commission. the case may be) is delivered to Tenant or as soon thereafter as reasonably practicable. In the event the Adjacent Building is added as pan of the Project in accordance with Section 1.12 above, then Landlord acknowledges and agrees that the rentable and usable square feet of such Adjacent Building will be measured and verified by Landlords planner /designer in accordance with the BOMA Standard and that Tenants Project Share of Project Operating Expenses and Project Utilities Costs will, pursuant to Section 4.2.10 below, be adjusted to take into account such addition of the Adjacent Building to the Project. Any such verification shall be made in accordance with the provisions of this Section 13. Tenant's architect may consult with Landlord's planner/designer regarding such verification. Tenant shall have the right, exercisable at any time after the date Landlord gives Tenant written notice of the final measurements of the Premises and the Building (or when appropriate, the Building Expansion Space [***] and/or the First Offer Space[***]), or otherwise at any time during the Lease Term, to remeasure the Premises and Building (or when appropriate, the Building Expansion Space [***] and/or the First Offer Space[***]), in accordance with the BOMA Standard and the other terms of this Section 1.3. If Tenant's remeasurements differ from the measurements set forth in Section 6 of the Summary or Landlord's measurements (in the event Landlord remeasured the Premises and/or the Building as provided above) and Tenant notifies Landlord thereof, the parties shall, within thirty (30) days thereafter, attempt in good faith to resolve such differences, but if the parties cannot resolve such differences within such 30 -day period, the final measurements of the Building and the Premises (and when appropriate, the Building Expansion Space [***] and/or the First Offer Space[***]), shall be resolved pursuant to binding arbitration under the auspices of JAMS/ENDISPUTE (or any successor organization) in San Diego County, California according to the then rules of commercial arbitration for such organization but with reference to the BOMA Standard, and the arbitrators resolving such dispute shall only have jurisdiction to determine the square footage of the Premises and Building in dispute (and when appropriate, the Building Expansion Space [***] and/or the First Offer Space[***]) and shall not have the jurisdiction to modify the terms of this Lease. During the period from the Lease Commencement Date until any dispute regarding the square footage of the Premises and Building is resolved, the rentable and usable square footage amounts set forth in the Summary shall be utilized for all purposes under this Lease. In the event that it is determined pursuant to any remeasurement under this Section 1.3 that the rentable and/or usable square feet of the Premises (and when appropriate, the Building Expansion Space [***] and/or the First Offer Space[***]), and/or the rentable square feet of the Building pursuant to the BOMA Standard, shall be different from the amounts thereof set forth In this lease, Landlord shall modify all amounts, percentages and figures appearing or referred to in this Lease to conform to such corrected square footage amounts therefor (including, without limitation, (i) the amount of the Base Rent, (ii) Tenant's Project Share of Project Operating Expenses and Project Utilities Costs and Tax Expenses, (iii) Tenants Building Share of Building Operating Expenses and Building Utilities Costs, (iv) the Tenant Improvement Allowance, and (v) the Refurbishment Allowance (as defined in the Extension Rider), if applicable). Any such modifications shall be confirmed in writing by Landlord to Tenant. [***] [***] Confidential portions of this document have been redacted and filed separately with the Commission.

Rentable and Usable Square Feet. The rentable and usable square feet for of the Premises are approximately as set forth in Section 6.1 6.2 of the Summary. For purposes hereof, the "usable square feet" of the Premises and the "rentable square feet" of the Premises and the Buildings in the Project (and the Adjacent Building (if and when constructed and only if included as part of the Project based on the Project Inclusion Restrictions) shall be calculated by Landlord pursuant to the Standard Method For for Measuring Floor Area in Office Buildings, ANSI Z65.1-1996 (the "BOMA StandardSTANDARD"). The rentable and square feet of the Buildings is estimated to be 356,490 rentable square feet. The usable square feet of the Premises and the rentable square feet of the Buildings (Premises and the Adjacent Building (if Buildings shall be certified to Landlord and when constructed and only if included as pert of Tenant with reasonably particularized supporting calculations by Landlord's planner/designer prior to the Project based on the Project Inclusion Restrictions)) are subject to verification by Landlords planner /designer at any time after the data hereofLease Commencement Date, and with respect to any Building Expansion Space leased by Tenant pursuant to Section 1.4 below and/or any First Offer Space leased by Tenant pursuant to Section 1.5 below, upon the date such Building Expansion Space and/or First Offer Space,(as the case may be) is delivered to Tenant or as soon thereafter as reasonably practicable. In the event the Adjacent Building is added as pan of the Project in accordance with Section 1.12 above, then Landlord acknowledges and agrees that the rentable and usable square feet of such Adjacent Building will be measured and verified by Landlords planner /designer in accordance with the BOMA Standard and that Tenants Project Share of Project Operating Expenses and Project Utilities Costs will, pursuant to Section 4.2.10 below, be adjusted to take into account such addition of the Adjacent Building to the Project. Any such verification certification shall be made in accordance with the provisions of this Section 13. 1.2 (the "CERTIFICATION"); provided, however, that in the event that Tenant's architect may consult with Landlord's planner/designer regarding such verification. Tenant shall have disputes the rightnumber of usable or rentable square feet in the Premises or the rentable square feet in the Buildings as set forth in the Certification, exercisable at any time after the date Landlord gives Tenant written notice of the final measurements of the Premises and the Building (or when appropriate, the Building Expansion Space and/or the First Offer Space), or otherwise at any time during the Lease Term, such dispute shall be provided to remeasure the Premises and Building (or when appropriate, the Building Expansion Space and/or the First Offer Space), in accordance with the BOMA Standard and the other terms of this Section 1.3. If Tenant's remeasurements differ from the measurements set forth in Section 6 of the Summary or Landlord's measurements (in the event Landlord remeasured the Premises and/or the Building as provided above) and Tenant notifies Landlord thereof, the parties shall, within thirty (30) days thereafterafter Tenant's receipt of the Certification. If Tenant fails to deliver to Landlord written notice of such dispute within such 30-day period, Tenant shall be deemed to have approved the Certification. To resolve any such dispute, Landlord's planner/designer, Tenant's architect, Tenant and Landlord shall meet to attempt to reach agreement on the number of rentable and usable square feet in good faith to resolve the Premises and the number of rentable square feet in the Buildings. If such differences, but if the parties cannot resolve agree on such differences within such 30 -day periodnumbers, then the final measurements of parties shall promptly submit the Building and the Premises (and when appropriate, the Building Expansion Space and/or the First Offer Space), shall be resolved pursuant dispute to binding arbitration under the auspices of JAMS/ENDISPUTE (or any successor to such organization) in San Diego CountyLos Angeles, California California, according to the then rules of commercial arbitration for such organization but with reference to the BOMA Standard, and the arbitrators resolving such dispute shall only have jurisdiction to determine the square footage of the Premises and Building Buildings in dispute (and when appropriatedispute, the Building Expansion Space and/or the First Offer Space) and shall not have the jurisdiction to modify the terms of this Lease. During the period from the Lease Commencement Date until any dispute regarding the square footage of the Premises and Building Buildings is resolved, the rentable and usable square footage amounts set forth in Section 6.2 of the Summary and this Section 1.2 shall be utilized for all purposes under this Lease. In the event that following such dispute it is mutually determined by the parties or pursuant to such arbitration that the rentable and usable square footage amounts of the Premises and/or Buildings are other than those set forth in Section 6.2 of the Summary and/or this Section 1.2, all amounts, percentages and figures appearing or referred to in this Lease based upon such incorrect rentable and/or usable square footage amounts (including, without limitation, the amount of the Base Rent, the Tenant Improvement Allowance and Tenant's Building C Share, but specifically excluding Tenant's Building B Share) shall be modified in accordance with such determination. If such determination is made, it will be confirmed in writing by Landlord to Tenant. At either party's discretion, the number of rentable and usable square feet of any First Offer Space and/or FHS Expansion Space leased by Tenant pursuant to Sections 1.5 and/or 1.6 of this Lease, and of the remainder of any partial floor space following a reduction pursuant to Section 1.7 of this Lease, if applicable, shall be subject to verification, and such verification shall be made in accordance with the BOMA Standard and the provisions of this Section 1.2; in the event that it is determined pursuant to any remeasurement under this Section 1.3 that the rentable and/or usable square feet of the Premises (and when appropriate, the Building Expansion Space and/or the First Offer Space), and/or the rentable square feet of the Building any such space pursuant to the BOMA Standard, Standard shall be different from the amounts thereof set forth In in this leaseLease or as may be initially determined by Landlord, Landlord shall modify all amounts, percentages and figures with respect to such space appearing or referred to in this Lease to conform to such corrected square footage amounts therefor (including, without limitation, (i) the amount of the Base Rent, (ii) Tenant's Project Share of Project Operating Direct Expenses and Project Utilities Costs and Tax Expenses, (iii) Tenants Building Share of Building Operating Expenses and Building Utilities Costs, (iv) the Tenant Improvement Allowance, and (v) the Refurbishment Allowance (as defined in the Extension Riderany tenant improvement allowances applicable to such space), if applicable). Any such modifications shall be confirmed in writing by Landlord to Tenant.

Rentable and Usable Square Feet. The rentable and usable square .square feet for the Premises are arc approximately as set forth in Section 6.1 of the Summary. For purposes hereof, the "usable square feet" of the Premises and the "rentable square feet" of the Premises and the Buildings in the Project (and the Adjacent Building (if and when constructed and only if included as part of in the Project based on the Project Inclusion Restrictions) shall be calculated by Landlord pursuant to the Standard Standard' Method For for Measuring Floor Area in Office Buildings, ANSI Z65.1265.1-1996 ("BOMA StandardBOMA"), as modified for the Protect pursuant to Landlord's standard rentable area measurements for the Project, to include, among other calculations, a portion of the common areas and service areas of the Buildings and the Adjacent Building in the Project. The rentable and usable square feet of the Premises and the rentable square feet of the Buildings (and the Adjacent Building (if and when constructed and only if included as pert of the Project based on the Project Inclusion Restrictions)) are subject to verification by Landlords planner /designer Landlord's planner/designer at any time after the data hereofdate hereof and, and with respect to any Building Expansion Space [***] leased by Tenant pursuant to Section 1.4 below and/or any First Offer Space leased by Tenant pursuant to Section 1.5 I.4 below, upon the date such Building Expansion Space and/or First Offer Space,(as the case may be) [***] is delivered to Tenant or as soon thereafter as reasonably practicable. In the event the Adjacent Building is added as pan of the Project in accordance with Section 1.12 above, then Landlord acknowledges and agrees that the rentable and usable square feet of such Adjacent Building will be measured and verified by Landlords planner /designer in accordance with the BOMA Standard and that Tenants Project Share of Project Operating Expenses and Project Utilities Costs will, pursuant to Section 4.2.10 below, be adjusted to take into account such addition of the Adjacent Building to the Project. Any such verification shall be made in accordance with the provisions of this Section 131.3. Tenant's architect may consult with Landlord's planner/designer regarding such verification. Tenant shall have the right, exercisable at any time within ninety (90) days after the date Landlord gives Tenant written notice of the final measurements of the Premises and the Building (or when appropriate, the Building Expansion Space and/or the First Offer Space[***]), or otherwise at any time during the Lease Term, to remeasure the Premises and Building (or when appropriate, the Building Expansion Space and/or the First Offer Space[***]), in accordance with the BOMA Standard and the other terms of this Section 1.3. If Tenant fails to timely elect to remeasure within such 90-day period, then Landlord's measurements shall be conclusive and binding on Tenant. If Tenant's remeasurements differ from the measurements set forth in Section 6 of the Summary or Landlord's measurements (in the event Landlord remeasured the Premises and/or the Building as provided above) and Tenant notifies Landlord thereofthereof within such 90-day period, the tine parties shall, within thirty (30) days thereafter, attempt in good faith to resolve such differences, but if the parties cannot resolve such differences within such 30 -day 30-day period, the final measurements of the Building and the Premises (and when appropriate, the Building Expansion Space and/or the First Offer Space[***]), shall be resolved pursuant to binding binding, arbitration under ender the auspices of JAMS/ENDISPUTE (or any successor organization) in San Diego County, California according to the then rules of commercial arbitration for such organization but with reference to the BOMA Standard, and the arbitrators resolving such dispute shall only have jurisdiction to determine the square footage of the Premises and Building in dispute (and when appropriate, the Building Expansion Space and/or the First Offer Space[***]) and shall not have the jurisdiction to modify the terms of this Lease. Tessa During the period from the Lease Commencement Date until any dispute regarding the square footage of the Premises and Building is resolved, the rentable and usable square footage amounts set forth in the Summary shall be utilized for all purposes under this Lease. In the event that it is determined pursuant to any remeasurement under this Section 1.3 that the rentable and/or usable square feet of the Premises (and when appropriate, the Building Expansion Space and/or the First Offer Space[***]), and/or the rentable square feet Poet of the Building pursuant to the BOMA Standard, shall be different from the amounts thereof set forth In in this leaseLease, Landlord shall modify all amounts, percentages and figures appearing or referred to in this Lease to conform to such corrected square footage amounts therefor (including, without limitation, (i) the amount of the Base Rent, (ii) Tenant's Project Share of Project Operating Expenses Expenses, Tax Expense and Project Utilities Costs and Tax Expenses, (iii) Tenants Building Share of Building Operating Expenses and Building Utilities Costs, (iv) the Tenant Improvement Allowance, and (v) the Refurbishment Allowance (as defined in the Extension Rider), if applicable). Any such modifications shall be confirmed in writing by Landlord to Tenant.

Rentable and Usable Square Feet. The “rentable square feet” (“RSF”) and “usable square feet feet” (“USF”) of the Premises, Building and Project have been determined in accordance with the Building Owners and Managers Association (“BOMA”) International Standard Method for Xxxxxxxxx Xxxxx Xxxx xx Xxxxxx Xxxxxxxx, XXXX X00.0-0000 (the Premises are approximately “2010 BOMA”), with a single-tenant floor load factor of 1.125, and, for purposes of this Lease, the “rentable square feet” and “usable square feet” of the Premises, Building and Project shall be deemed as set forth in Section 6.1 6 of the Summary. For purposes hereof, and the "usable square feet" load factor shall be deemed as set forth above, and neither the Building, Project or load factor shall be subject to any remeasurement or modification, provided, Landlord may cause a licensed space planner to remeasure the RSF and USF of the Premises and and/or the "rentable square feet" of the Premises and the Buildings Building set forth in the Project (and the Adjacent Building (if and when constructed and only if included as part of the Project based on the Project Inclusion Restrictions) shall be calculated by Landlord pursuant Basic Lease Information from time to time utilizing either 2010 BOMA or the Standard Method For for Measuring Floor Area in Office Buildings, ANSI Z65.1-1996 Z65.1 – 2017 ("BOMA Standard"). The rentable and usable square feet of the Premises and the rentable square feet of the Buildings (and the Adjacent Building (if and when constructed and only if included as pert of the Project based on the Project Inclusion Restrictions)) are subject to verification by Landlords planner /designer at any time after the data hereof, and with respect to any Building Expansion Space leased by Tenant pursuant to Section 1.4 below and/or any First Offer Space leased by Tenant pursuant to Section 1.5 below, upon the date such Building Expansion Space and/or First Offer Space,(as the case may be) is delivered to Tenant or as soon thereafter as reasonably practicable. In the event the Adjacent Building is added as pan of the Project in accordance with Section 1.12 above, then Landlord acknowledges and agrees that the rentable and usable square feet of such Adjacent Building will be measured and verified by Landlords planner /designer in accordance with the BOMA Standard and that Tenants Project Share of Project Operating Expenses and Project Utilities Costs will, pursuant to Section 4.2.10 below, be adjusted to take into account such addition of the Adjacent Building to the Project. Any such verification shall be made in accordance with the provisions of this Section 13. Tenant's architect may consult with Landlord's planner/designer regarding such verification. Tenant shall have the right, exercisable at any time after the date Landlord gives Tenant written notice of the final measurements of the Premises and the Building (or when appropriate, the Building Expansion Space and/or the First Offer Space“2017 BOMA”), or otherwise at any time during another more recent office standard adopted by BOMA, and Landlord will provide the Lease Termresults of such re-measurement to Tenant, to remeasure the Premises and Building (or when appropriate, the Building Expansion Space and/or the First Offer Space), in accordance with the BOMA Standard and the other terms of this Section 1.3. If Tenant's remeasurements differ from the measurements set forth in Section 6 of the Summary or Landlord's measurements (provided in the event Landlord remeasured the Premises and/or the Building as provided above) and Tenant notifies Landlord thereof, the parties shall, within thirty (30) days thereafter, attempt in good faith to resolve such differences, but if the parties cannot resolve such differences within such 30 -day period, the final measurements of the Building and the Premises (and when appropriate, the Building Expansion Space and/or the First Offer Space), shall be resolved pursuant to binding arbitration under the auspices of JAMS/ENDISPUTE (or any successor organization) in San Diego County, California according to the then rules of commercial arbitration for such organization but with reference to the BOMA Standard, and the arbitrators resolving such dispute shall only have jurisdiction to determine that the square footage of the Premises and Building in dispute (and when appropriate, or the Building Expansion Space and/or the First Offer Space) and shall not have the jurisdiction to modify the terms of this Lease. During the period be different from the Lease Commencement Date until any dispute regarding the square footage of the Premises and Building is resolved, the rentable and usable square footage amounts those set forth in the Summary shall be utilized for all purposes under this Lease. In as determined in accordance with the event that it is determined pursuant to any remeasurement under this Section 1.3 that the rentable and/or usable square feet of the Premises (and when appropriateprocedure described above, the Building Expansion Space and/or the First Offer Space), and/or the rentable square feet of the Building pursuant to the BOMA Standard, shall be different from the amounts thereof set forth In this lease, Landlord shall modify all no amounts, percentages and or figures appearing or referred to in this Lease to conform to such corrected based upon rentable square footage amounts therefor or usable square footage (including, without limitation, (i) the amount of the as applicable, Base Rent, (ii) Tenant's Project ’s Share of Project Operating Expenses and Project Utilities Costs and Tax Direct Expenses, parking pass ratios, occupancy thresholds, improvement or other allowances, and/or portions of allowances available for particular purposes) shall be modified in accordance with such determination (iii) Tenants Building Share of Building Operating Expenses and Building Utilities Costs, (iv) the Tenant Improvement Allowance, and (v) the Refurbishment Allowance (as defined except in the Extension Rider), if applicablecase of a change in the physical dimensions of the Premises). Any If such modifications shall determination is made, it will be confirmed in writing by Landlord to Tenant. In addition, Landlord may include the USF and RSF of the Deck Area(s) in the USF and RSF of the Premises during any Option Term or any extended Term of this Lease beyond the Lease Expiration Date if the then current BOMA standard for measuring creative office buildings includes private decks and balconies in its calculation of USF and RSF for creative office buildings.

Rentable and Usable Square Feet. The rentable and usable square feet for of the Premises are approximately as set forth in Section 6.1 1.5 of the Summary. For purposes hereof, the "“usable square feet" of the Premises ” and the "“rentable square feet" ” of the Premises Premises, and the Buildings in the Project (and the Adjacent Building (if and when constructed and only if included as part “rentable square feet” of the Project based on the Project Inclusion Restrictions) Building shall be calculated by Landlord pursuant to the Standard Method For for Measuring Floor Area in Office Buildings, ANSI Z65.1-1996 ("BOMA Standard"“BOMA”), as modified by Landlord with respect to rentable square footage pursuant to Landlord’s standard rentable area measurements for the Project, to include, among other calculations, a portion of the common areas and service areas of the Building. The rentable and usable square feet of the Premises shall be certified to Landlord and the rentable square feet of the Buildings (and the Adjacent Building (if and when constructed and only if included Tenant with reasonably particularized supporting calculations by Landlord’s planner/designer as pert of the Project based on the Project Inclusion Restrictions)) are subject to verification by Landlords planner /designer at any time soon as reasonably possible after the data date hereof, and with respect to any Building Expansion Space leased by Tenant pursuant to Section 1.4 below and/or any First Offer Space leased by Tenant pursuant to Section 1.5 below, upon the date such Building Expansion Space and/or First Offer Space,(as the case may be) is delivered to Tenant or as soon thereafter as reasonably practicable. In the event the Adjacent Building is added as pan of the Project in accordance with Section 1.12 above, then Landlord acknowledges and agrees that the rentable and usable square feet of such Adjacent Building will be measured and verified by Landlords planner /designer in accordance with the BOMA Standard and that Tenants Project Share of Project Operating Expenses and Project Utilities Costs will, pursuant to Section 4.2.10 below, be adjusted to take into account such addition of the Adjacent Building to the Project. Any such verification certification shall be made in accordance with the provisions of this Section 13. Tenant's architect may consult with Landlord's planner/designer regarding such verification. 1.3 (the “Certification”); provided, however, that in the event that Tenant shall have disputes the rightnumber of usable or rentable square feet in the Premises as set forth in the Certification, exercisable at any time after the date Landlord gives Tenant written notice of the final measurements of the Premises and the Building (or when appropriate, the Building Expansion Space and/or the First Offer Space), or otherwise at any time during the Lease Term, such dispute shall be provided to remeasure the Premises and Building (or when appropriate, the Building Expansion Space and/or the First Offer Space), in accordance with the BOMA Standard and the other terms of this Section 1.3. If Tenant's remeasurements differ from the measurements set forth in Section 6 of the Summary or Landlord's measurements (in the event Landlord remeasured the Premises and/or the Building as provided above) and Tenant notifies Landlord thereof, the parties shall, within thirty (30) days thereafterafter Tenant’s receipt of the Certification. If Tenant fails to deliver to Landlord written notice of such dispute within such 30-day period, Tenant shall be deemed to have approved the Certification. To resolve any such dispute, Landlord’s planner/designer, Tenant and Landlord shall meet to attempt to reach agreement on the number of rentable and usable square feet in good faith to resolve the Premises. If such differences, but if the parties cannot resolve agree on such differences numbers within such 30 -day periodthirty (30) days after Landlord’s receipt of Tenant’s dispute notice, then the final measurements of parties shall, within ten (10) days thereafter, submit the Building and the Premises (and when appropriate, the Building Expansion Space and/or the First Offer Space), shall be resolved pursuant dispute to binding arbitration under the auspices of JAMS/ENDISPUTE (or any successor to such organization) in San Diego County, California California, according to the then rules of commercial arbitration for such organization but with reference to the BOMA Standardstandard (as modified as provided above), and the arbitrators resolving such dispute shall only have jurisdiction to determine the square footage of the Premises and Building in dispute (and when appropriatedispute, the Building Expansion Space and/or the First Offer Space) and shall not have the jurisdiction to modify the terms of this Lease. During the period from the Lease Commencement Date until the earlier of the date the Certification is approved or deemed approved by Tenant or the date any dispute regarding the square footage of the Premises and Building is resolved, as the case may be, the rentable and usable square footage amounts set forth in Section 1.5 of the Summary shall be utilized for all purposes under this Lease. In the event that that, as a result of the parties approval of such Certification or resolution of such dispute, as applicable, it is determined pursuant to any remeasurement under this Section 1.3 that the rentable and/or and usable square feet footage amounts of the Premises (and when appropriate, the Building Expansion Space and/or the First Offer Space), and/or the rentable square feet are other than those set forth in Section 1.5 of the Building pursuant to the BOMA StandardSummary, shall be different from the amounts thereof set forth In this lease, Landlord shall modify all amounts, percentages and figures appearing or referred to in this Lease to conform to based upon such corrected adjusted rentable and/or usable square footage amounts therefor feet (including, without limitation, (i) the amount of the Base Monthly Basic Rent, (ii) Tenant's Project Share of Project Operating Expenses and Project Utilities Costs and Tax Expenses’s Percentage, (iii) Tenants Building Share of Building Operating Expenses and Building Utilities Costs, (iv) the Tenant Improvement Allowance, the Additional Allowance and (vthe number of Tenant’s parking privileges) the Refurbishment Allowance (as defined shall be modified in the Extension Rider)accordance with such determination. If such determination is made, if applicable). Any such modifications shall it will be confirmed in writing by Landlord to and Tenant.

Rentable and Usable Square Feet. The rentable and usable square feet for the Premises are approximately as set forth in Section 6.1 of the Summary. For purposes hereof, the "usable square feet" of the Premises and the "rentable square feet" of the Premises and .and the Buildings in the Project (and the Adjacent Building (if and when constructed and only if included as part of in the Project based on the Project Inclusion Restrictions) shall be calculated by Landlord pursuant to the Standard Method For for Measuring Floor Area in Office Buildings, ANSI Z65.1-1996 ("BOMA StandardBOMA"), as modified for the Project pursuant to Landlord's standard rentable area measurements for the Project, to include, among other calculations, portion of the common areas and service areas of the Buildings and the Adjacent Building in the Project. The rentable and usable square feet of the Premises and the rentable square feet of the Buildings (and the Adjacent Building (if and when constructed and only if included as pert of the Project based on the Project Inclusion Restrictions)) are subject to verification by Landlords planner /designer Landlord's planner/designer at any time after the data hereofdate hereof and, and with respect to any Building Expansion Space [***] leased by Tenant pursuant to Section 1.4 below and/or any First Offer Space leased by Tenant pursuant to Section 1.5 below, upon the date such Building Expansion Space and/or First Offer Space,(as the case may be) [***] is delivered to Tenant or as soon thereafter as reasonably practicable. In the event the Adjacent Building is added as pan of the Project in accordance with Section 1.12 above, then Landlord acknowledges and agrees that the rentable and usable square feet of such Adjacent Building will be measured and verified by Landlords planner /designer in accordance with the BOMA Standard and that Tenants Project Share of Project Operating Expenses and Project Utilities Costs will, pursuant to Section 4.2.10 below, be adjusted to take into account such addition of the Adjacent Building to the Project. Any such verification shall be made in accordance with the provisions of this Section 131.3. Tenant's architect may consult with Landlord's planner/designer regarding such verification. Tenant shall have the right, exercisable at any time within one hundred twenty (120) days after the date Landlord gives Tenant written notice of the final measurements of the Premises and the Building (or when appropriate, the Building Expansion Space and/or the First Offer Space[***]), or otherwise at any time during the Lease Term, to remeasure the Premises and Building (or when appropriate, the Building Expansion Space and/or the First Offer Space[***]), in accordance with the BOMA Standard and the other terms of this Section 1.3. If Tenant fails to timely elect to remeasure within such 120-day period, then Landlord's measurements shall be conclusive and binding on Tenant. If Tenant's remeasurements differ from the measurements set forth in Section 6 of the Summary or Landlord's measurements (in the event Landlord remeasured the Premises and/or the Building as provided above) and Tenant notifies Landlord thereofthereof within such 120-day period, the parties shall, within thirty (30) days thereafter, attempt in good faith to resolve such differences, but if the parties cannot resolve such differences within such 30 -day 30-day period, the final measurements of the Building and the Premises (and when appropriate, the Building Expansion Space and/or the First Offer Space[***]), shall be resolved pursuant to binding arbitration under the auspices of JAMS/ENDISPUTE (or any successor organization) in San Diego County, California according to the then rules of commercial arbitration for such organization but with reference to the BOMA Standard, and the arbitrators resolving such dispute shall only have jurisdiction to determine the square footage of the Premises and Building in dispute (and when appropriate, the Building Expansion Space and/or the First Offer Space[***]) and shall not have the jurisdiction to modify the terms of this Lease. During the period from the Lease Commencement Date until any dispute regarding the square footage of the Premises and Building is resolved, the rentable and usable square footage amounts set forth in the Summary shall be utilized for all purposes under this Lease. In the event that it is determined pursuant to any remeasurement under this Section 1.3 that the rentable and/or usable square feet of the Premises (and when appropriate, the Building Expansion Space and/or the First Offer Space[***]), and/or the rentable square feet of the Building pursuant to the BOMA Standard, shall be different from the amounts thereof set forth In in this leaseLease, Landlord shall modify all amounts, percentages and figures appearing or referred to in this Lease to conform to such corrected square footage amounts therefor (including, without limitation, (i) the amount of the Base Rent, (ii) Tenant's Project Share of Project Operating Expenses Expenses, Tax Expense and Project Utilities Costs and Tax Expenses, (iii) Tenants Building Share of Building Operating Expenses and Building Utilities Costs, (iv) the Tenant Improvement Allowance, and (v) the Refurbishment Allowance (as defined in the Extension Rider), if applicable). Any such modifications shall be confirmed in writing by Landlord to Tenant.