Common use of Rentable Area Clause in Contracts

Rentable Area. 8.1 The Rentable Area of the Project is determined by making separate calculations of the Rentable Area of each floor of both buildings and totalling the Rentable Area of all floors within the buildings. The Rentable Area of a floor is calculated by measuring to the outside finished surface of each permanent outer building wall where it intersects the floor, or where it would have intersected the floor except for recessed entryways, windows and the like (also known as the “drip line”, measured from where the outside finished surface of the second floor wall intersects the roof). The full area calculated as set forth above is included as Rentable Area of the Project without deduction for (i) columns or projections, (ii) vertical penetrations such as stairs, elevator shafts, flues, pipe shafts, vertical ducts, and the like, and their enclosing walls, (iii) corridors, equipment rooms, rest rooms, entrance ways, elevator lobbies, and the like, and their enclosing walls, (iv) recessed entryways or windows, or (v) any other unusable area of any nature. 8.2 The term “Rentable Area” when applied to Tenant is the approximate area to be occupied by Tenant plus an equitable allocation of Rentable Area within the Project which is not then utilized or expected to be utilized by Tenant or other tenants of the Project, including but not limited to the portions of the buildings devoted to corridors, equipment rooms, rest rooms, elevator lobbies and mailrooms. In making such allocations, consideration will be given to tenants benefited by space allocated such that areas which primarily serve tenants of only one floor, such as corridors and rest rooms upon such floor, shall be allocated to that tenant’s Rentable Area. If the Premises are separated from space occupied by another tenant, the Rentable Area shall be measured to the center of any interior demising walls.

Rentable Area. 8.1 The Rentable Area of the Project Premises as set forth in Section 2.1.1 and as referenced within the Work Letter and as may otherwise be referenced within this Lease, is determined by making separate calculations of the Rentable Area of each floor of both buildings within the Building and totalling totaling the Rentable Area of all floors within the buildingsBuilding (excluding any parking areas). The Rentable Area of a floor is calculated by measuring to the outside finished surface of each permanent outer building Building wall where it intersects the floor, or where it would have intersected the floor except for recessed entryways, windows and the like (also known as the “drip line”, measured from where the outside finished surface of the second floor wall intersects the roof)plus. The full area calculated as set forth above is included as Rentable Area of the Project Premises without deduction for (i) columns or projections, (ii) vertical penetrations such as stairsstales, elevator shafts, flues, pipe shafts, vertical ducts, and the like, and their enclosing walls, (iii) corridors, equipment rooms, rest rooms, entrance ways, elevator lobbies, and the like, and their enclosing walls, or (iv) recessed entryways or windows, or (v) any other unusable area of any nature. 8.2 The term “Rentable Area” when applied to Tenant is the approximate area to be occupied by Tenant plus an equitable allocation of Rentable Area within as set forth in Section 2.1.1 is an estimate of the area which will upon completion of development of the Building constitute the Rentable Area of the Premises, which stall be conclusive upon the parties unless either party requests a certification of the Rentable Area from the Project which is not then utilized or expected to be utilized by Tenant or other tenants Architect within thirty (30) days following the Term Commencement Date. If either party disputes the certification of the ProjectProject Architect, including but not limited to the portions upon Substantial Completion of the buildings devoted to corridors, equipment rooms, rest rooms, elevator lobbies and mailrooms. In making such allocations, consideration will be given to tenants benefited by space allocated such that areas which primarily serve tenants of only one floor, such as corridors and rest rooms upon such floor, shall be allocated to that tenant’s Rentable Area. If the Premises are separated from space occupied by another tenantBuilding Shell, the Rentable Area shall be field measured and confirmed by a mutually agreeable architect or civil engineer, which measurement shall be conclusive and binding on Landlord and Tenant. However, the Rentable Area as set forth in Section 2.1. 1 shall be used for all purposes unless the Rentable Area as measured by the Project Architect is two percent (2%) or more greater or less than the Rentable Area set forth in Section 2. 1. 1, in which event Basic Annual Rent, monthly installments of Basic Annual Rent, and the Tenant Improvement Allowance shall be adjusted upward or downward, as the case may be, based on the actual Rentable Area of the Premises as so determined by the Project Architect. 8.3 Landlord and Tenant acknowledge that the Premises are part of the 00 Xxxxxx Xxxxx Science Center ("Science Center"), which is subject to the center Planned Industrial Permit ("PID") included within the Project Documents. The PID limits the maximum permissible building area square footage which can be constructed in the Science Center, and Table 1 of any interior demising wallsthe PID allocates this building area square footage among the lots included in the Science Center. Center. This Lease provides for building area of 52,800 gross square feet. The current building area allocated to the Premises by the PFD exceeds 52,800 gross square feet. Chevron Land and Development Company, one of the partners of Landlord and the owner of other lots La the Science Xxxxxx, reserves the right, without the consent of Tenant, to process City of San Diego approval of a modification of the building area allocation for the Premises, so that it is reduced to 52,800 gross square feet, and to reallocate the excess square footage to other lots owned by Chevron Land and Development Company, so long as such action does not delay or increase the costs of construction of the Premises.

Rentable Area. 8.1 The As used herein, the term "rentable area" shall be computed as follows: (a) rentable area on a single tenancy floor shall mean the entire area within the exterior walls measured from the inside surface of outer glass and extending the plane thereof into non-glass areas, excluding public elevator shafts and elevator machine rooms, public stairs, fire towers and fire tower courts, and main telephone and electric switchboards, except where the main telephone and electric switchboards are leased by a tenant or are a special installation. All air conditioning floors and other areas within the Building containing equipment, enclosing pipes, ducts, or shafts shall be apportioned to the leased space that they serve; and (b) rentable area for a partial floor shall be measured and computed in the manner described in clause (a) above, except that (i) demising walls separating two (2) leased premises shall be equally divided between such leased premises, (ii) corridor walls to the finished corridor side shall be included in the rentable area of adjacent leased space, (iii) core areas (including the finished enclosing walls thereof but excluding any part of the core leased to a tenant) and corridors (excluding the enclosing walls thereof) shall be apportioned among each leased premises on such floor on the basis of the rentable area of each such leased premises (exclusive of such corridor area) in relation to the total rentable area of all of the leased premises on such floor (exclusive of such corridor area). Based on the foregoing computation made to a degree of accuracy reasonably satisfactory to the parties, the Rentable Area of the Project is determined by making separate calculations Premises set forth in Section 1.3(c) of the Rentable Area of each floor of both buildings and totalling Basic Lease Provisions has been mutually agreed upon by the Rentable Area of all floors within the buildings. The Rentable Area of a floor is calculated by measuring to the outside finished surface of each permanent outer building wall where it intersects the floor, or where it would have intersected the floor except for recessed entryways, windows and the like (also known as the “drip line”, measured from where the outside finished surface of the second floor wall intersects the roof). The full area calculated as set forth above is included as Rentable Area of the Project without deduction for (i) columns or projections, (ii) vertical penetrations such as stairs, elevator shafts, flues, pipe shafts, vertical ductsparties, and the like, and their enclosing walls, (iii) corridors, equipment rooms, rest rooms, entrance ways, elevator lobbies, and the like, and their enclosing walls, (iv) recessed entryways or windows, or (v) any other unusable area of any nature. 8.2 The term “Rentable Area” when applied to Tenant is the approximate area to be occupied by Tenant plus an equitable allocation of Rentable Area within the Project which is not then utilized or expected to be utilized by Tenant or other tenants of the Project, including but not limited to the portions of the buildings devoted to corridors, equipment rooms, rest rooms, elevator lobbies and mailrooms. In making such allocations, consideration will be given to tenants benefited by space allocated such that areas which primarily serve tenants of only one floor, such as corridors and rest rooms upon such floor, shall be allocated to that tenant’s Rentable Area. If the Premises are separated from space occupied by another tenant, the Rentable Area shall be measured to the center of any interior demising wallsconclusive and binding upon them.

Rentable Area. 8.1 (a) The term "Rentable Area of the Project is determined by making separate calculations of the Rentable Area of each floor of both buildings and totalling the Rentable Area of all floors within the buildings. The Rentable Area Area" as used herein means (i) in a case of a floor is calculated by measuring to the outside finished surface of each permanent outer building wall where it intersects the single lessee floor, or where it would have intersected the all floor except for recessed entryways, windows and the like (also known as the “drip line”, area measured from where the outside finished inside surface of the second floor wall intersects the roof). The full area calculated as set forth above is included as Rentable Area outer glass of the Project without deduction Office Building, excluding only the area ("Service Area") within the outside wall used for (i) columns or projectionsbuilding stairs, (ii) vertical penetrations such as stairsfire towers, elevator shafts, flues, pipe shaftsvents, vertical ductsstacks, pipestacks, and vertical ducts (which areas shall be measured from the likemid-point of walls enclosing such areas) but including any Service Area which is for the specific use of Lessee, such as special stairs or elevators, plus a proportionate part of the square footage of the Office Building central areas for providing electrical, mechanical, janitorial, security and mail services as well as the central lobby, central fire exit corridor, and their enclosing walls, central loading dock (iii) corridors, equipment rooms, rest rooms, entrance ways, elevator lobbies"Central Area"), and (b) in the like, and their enclosing walls, (iv) recessed entryways or windows, or (v) any other unusable area case of any nature. 8.2 The term “Rentable Area” when applied to Tenant is the approximate area a floor to be occupied by Tenant plus an equitable allocation of Rentable Area more than one (1) lessee, all floor areas within the Project which is not then utilized or expected to be utilized by Tenant or other tenants inside surface of the Project, including but not limited outer glass enclosing the space on such floor and measured to the portions mid-point of the buildings walls separating areas leased by or held for lease to other lessees or from Common Area devoted to public corridors, equipment electrical and telephone rooms, rest roomselevators, elevator lobbies foyers, restrooms, mechanical, janitor's closet, vending areas, and mailroomsother similar facilities for the use of all lessees on the particular floor, plus Lessee's proportionate part of such Common Area located on such floor plus a proportionate share of the square footage of the Office Building's Central Area. In making such allocationsthe case of both single and multiple tenant floors, consideration will telephone, electrical, mechanical, maintenance, janitorial and security rooms not included in the Office Building Central Area, but which serve more than one (1) floor shall be given to tenants benefited by space allocated such that areas which primarily serve tenants of only one floor, such as corridors considered Common Area and rest rooms upon such floor, shall be allocated to that tenant’s among lessees whose office spaces are served thereby, regardless of whether such Office Spaces are located on the same floor as the rooms in question. Such allocation shall be made in proportion with the Rentable AreaAreas of all Tenants so served. If the Premises are separated No deductions from space occupied by another tenant, the Rentable Area shall be measured made for columns or projections necessary to the center of any interior demising wallsOffice Building.

Rentable Area. 8.1 The Rentable Area of the Project is Building shall be determined by making separate calculations measuring to the outside of the finished surface of the permanent outer Building wall for each floor of the Building. Outside balconies and patios included within the structure of the Building shall be included in the Rentable Area of the Building. No deductions shall be made for vestibules inside the Building line (drip line) or for columns and projections accessory to the Building. The Rentable Area of the Premises is the Tenant’s pro-rata share of the Building. It shall include the Tenant’s Usable Area plus the Tenant’s pro-rata share of all common areas such as restroom facilities, lobbies, corridors, stairways, mechanical rooms and balconies or patios included within the structure of the Building. The Rentable Area of the Premises shall be determined by multiplying the Usable Area of the Premises by the quotient of the division of the Rentable Area of each floor of both buildings and totalling the Rentable Area of all floors within Building by the buildings. The Rentable Area of a floor is calculated by measuring to the outside finished surface of each permanent outer building wall where it intersects the floor, or where it would have intersected the floor except for recessed entryways, windows and the like (also known as the “drip line”, measured from where the outside finished surface of the second floor wall intersects the roof). The full area calculated as set forth above is included as Rentable Usable Area of the Project without deduction Building, resulting in the Rentable/Usable Ratio (“R/U Ratio”). Rentable Area ÷ Usable Area = Rentable/Usable Ration (“R/U Ratio”) Usable Area x R/U Ratio = Rentable Area Rentable Area ÷ R/U Ratio = Usable Area The Tenant in the foregoing Lease shall have the option to renew the term of the Lease for one (i1) columns or projectionsrenewal period for a term of five (5) years commencing immediately following the expiration of the then current term, (ii) vertical penetrations such as stairs, elevator shafts, flues, pipe shafts, vertical ducts, and the like, and their enclosing walls, (iii) corridors, equipment rooms, rest rooms, entrance ways, elevator lobbies, and the like, and their enclosing walls, (iv) recessed entryways or windows, or (v) any other unusable area of any nature. 8.2 The term “Rentable Area” when applied to Tenant is the approximate area said renewal to be occupied by Tenant plus an equitable allocation of Rentable Area within the Project which is not then utilized or expected to be utilized by Tenant or other tenants upon all of the Projectterms, including but not limited to the portions conditions, covenants and provisions of the buildings devoted to corridors, equipment rooms, rest rooms, elevator lobbies and mailrooms. In making such allocations, consideration will be given to tenants benefited by space allocated such that areas which primarily serve tenants of only one floor, such Lease except as corridors and rest rooms upon such floor, shall be allocated to that tenant’s Rentable Areaprovided below. If the Premises are separated from space occupied by another tenantTenant is granted more than one (1) renewal term, the Rentable Area failure of the Tenant to exercise the option for any renewal period in the manner and within the time herein provided shall terminate the rights of the Tenant with respect to that renewal period and all subsequent renewal periods, if any. The Tenant’s right to exercise the option to renew the term of the Lease shall be measured subject to the center of any interior demising walls.following conditions:

Rentable Area. 8.1 The Rentable Area of the Project Premises as set forth in Section 2.1.1 is determined by making separate calculations of the Rentable Area of each floor of both buildings within the Building and totalling totaling the Rentable Area of all floors within the buildingsBuilding, but excluding any parking areas. The Rentable Area of a floor is calculated by measuring to the outside finished surface of each permanent outer building wall where it intersects the floor, or where it would have intersected the floor except for recessed entryways, windows and the like (also known as the “drip line”, measured from where the outside finished surface of the second floor wall intersects the roof). The full area calculated as set forth above is included as Rentable Area of the Project Premises without deduction for (i) columns or projections, (ii) vertical penetrations such as including stairs, elevator shafts, flues, pipe shafts, vertical ducts, and the like, and their enclosing walls, (iii) corridors, equipment rooms, rest rooms, entrance ways, elevator lobbies, and the like, and their enclosing walls, (iv) recessed entryways or windowswindows and entryways, or and (v) any other unusable area of any nature. 8.2 The term “Rentable Area” when applied to Tenant is the approximate area to be occupied by Tenant plus an equitable allocation of Rentable Area within the Project which as set forth in Section 2.1.1 is not then utilized or expected to be utilized by Tenant or other tenants an estimate of the Projectarea which will upon completion of the Building constitute the Rentable Area of the Premises, including but not limited which shall be adjusted upon the Term Commencement Date in accordance with a certification of the Rentable Area from Landlord’s architect. If either party disputes the certification of Landlord’s architect within thirty (30) days after the Term Commencement Date by written notice to the portions of the buildings devoted to corridors, equipment rooms, rest rooms, elevator lobbies and mailrooms. In making such allocations, consideration will be given to tenants benefited by space allocated such that areas which primarily serve tenants of only one floor, such as corridors and rest rooms upon such floor, shall be allocated to that tenant’s Rentable Area. If the Premises are separated from space occupied by another tenantother party, the Rentable Area shall be field measured to and confirmed by a mutually agreeable architect or civil engineer, which measurement shall be conclusive and binding on Landlord and Tenant. If the center Rentable Area as determined hereunder is more or less than the Rentable Area set forth in Section 2.1.1, Basic Annual Rent, monthly installments of any interior demising wallsBasic Annual Rent and the Tenant Improvement Allowance shall be adjusted upward or downward, as the case may be, based on the actual Rentable Area of the Premises.