Common use of Verification of Rentable Square Feet of Premises and Building Clause in Contracts

Verification of Rentable Square Feet of Premises and Building. For purposes of this Lease, "rentable square feet" shall be calculated pursuant to Standard Method of Measuring Floor Area in Office Building, ANSI Z65.1 - 1996, and its accompanying guidelines, as applicable to single-tenant buildings (collectively, "BOMA"). Within thirty (30) days after the Lease Commencement Date, Landlord's space planner/architect shall measure the rentable square feet of the entire Premises on a floor-by-floor basis, and thereafter such determined rentable square footages of the Premises, each floor-by-floor portion of the Premises, and the results thereof shall be presented to Tenant in writing. Tenant's space planner/architect may review Landlord's space planner/architect's determination of the number of rentable square feet and usable square feet of the Premises and Tenant may, within fifteen (15) business days after Tenant's receipt of Landlord's space planner/architect's written determination, object to such determination by written notice to Landlord. Tenant's failure to deliver written notice of such objection within said fifteen (15) business day period shall be deemed to constitute Tenant's acceptance of Landlord's space planner/architect's determination. If Tenant objects to such determination, Landlord's space planner/architect and Tenant's space planner/architect shall promptly meet and attempt to agree upon the rentable and usable square footage of the Premises. If Landlord's space planner/architect and Tenant's space planner/architect cannot agree on the rentable and useable square footage of the Premises within thirty (30) days after Tenant's objection thereto, Landlord and Tenant shall mutually select an independent third party space measurement professional to field measure the Premises pursuant to BOMA. Such third party independent measurement professional's determination shall be conclusive and binding on Landlord and Tenant. [***] pay [***] of the fees and expenses of the independent third party space measurement professional. If the Lease Term commences prior to such final determination, [***] determination shall be utilized until a final determination is made, whereupon an appropriate adjustment, if necessary, shall be made retroactively, and Landlord shall make appropriate payment (if applicable) to Tenant. In the event that pursuant to the procedure described in this Section 1.2 above, it is determined that the square footage amounts shall be different from those set forth in this Lease, all amounts, percentages and figures appearing or referred to in this Lease based upon such incorrect amount (including, without limitation, the amount of the "Rent" and any "Security Deposit," as those terms are defined in Section 4.1 and Article 21 of this Lease, respectively, and the amount of the "Improvement Allowance," as that term is defined in Section 2.1 of the Work Letter Agreement) shall be modified in accordance with such determination. If such determination is made, it will be confirmed in writing by Landlord to Tenant.

Appears in 3 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

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Verification of Rentable Square Feet of Premises and Building. For purposes of this Lease, "rentable square feet" shall be calculated pursuant to Standard Method of Measuring Floor Area in Office Building, ANSI Z65.1 - 1996Z65.1—1996, and its accompanying guidelines, as applicable to single-tenant buildings (collectively, "BOMA"). Within thirty (30) days after the Lease Commencement Date, Landlord's space planner/architect shall measure the rentable square feet of the entire Premises on a floor-by-floor basis, and thereafter such determined rentable square footages of the Premises, each floor-by-floor portion of the Premises, and the results thereof shall be presented to Tenant in writing; provided, however, Landlord and Tenant hereby acknowledge that [***] of the usable square footage of the "Project Gym," as that term is defined in the "13500 Lease," as that term is defined in Section 1.4, below, shall be allocated to the rentable square footage of the Building. Tenant's space planner/architect may review Landlord's space planner/architect's determination of the number of rentable square feet and usable square feet of the Premises and Tenant may, within fifteen (15) business days after Tenant's receipt of Landlord's space planner/architect's written determination, object to such determination by written notice to Landlord. Tenant's failure to deliver written notice of such objection within said fifteen (15) business day period shall be deemed to constitute Tenant's acceptance of Landlord's space planner/architect's determination. If Tenant objects to such determination, Landlord's space planner/architect and Tenant's space planner/architect shall promptly meet and attempt to agree upon the rentable and usable square footage of the Premises. If Landlord's space planner/architect and Tenant's space planner/architect cannot agree on the rentable and useable square footage of the Premises within thirty (30) days after Tenant's objection thereto, Landlord and Tenant shall mutually select an independent third party space measurement professional to field measure the Premises pursuant to BOMA. Such third party independent measurement professional's determination shall be conclusive and binding on Landlord and Tenant. [***] pay [***] of the fees and expenses of the independent third party space measurement professional. If the Lease Term commences prior to such final determination, [***] determination shall be utilized until a final determination is made, whereupon an appropriate adjustment, if necessary, shall be made retroactively, and Landlord shall make appropriate payment (if applicable) to Tenant. In the event that pursuant to the procedure described in this Section 1.2 above, it is determined that the square footage amounts shall be different from those set forth in this Lease, all amounts, percentages and figures appearing or referred to in this Lease based upon such incorrect amount (including, without limitation, the amount of the "Rent" and any "Security Deposit," as those terms are defined in Section 4.1 and Article 21 of this Lease, respectively, and the amount of the "Improvement Allowance," as that term is defined in Section 2.1 of the Work Letter Agreement) shall be modified in accordance with such determination. If such determination is made, it will be confirmed in writing by Landlord to Tenant.

Appears in 3 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

Verification of Rentable Square Feet of Premises and Building. For purposes of this Lease, "rentable square feet" ” in the Premises and the Building, as the case may be, shall be calculated pursuant to Standard Method of Measuring Floor Area in Office Building, ANSI Z65.1 - 1996, and its accompanying guidelines, as applicable to single-tenant buildings guidelines (collectively, "BOMA"). Within thirty (30) days after the Lease Commencement Date, Landlord's Tenant may elect to cause Tenant’s space planner/architect shall architect/surveyor to measure the square feet of the Premises, and thereafter the rentable square feet of the entire Premises on a floor-by-floor basis, and thereafter such determined rentable square footages of the Premises, each floor-by-floor portion of the Premises, and the results thereof shall be presented to Tenant Landlord in writing. ; provided, however, if such measurement by Tenant's space planner/architect may review Landlord's ’s space planner/architect's /surveyor results in an increase in the “Rent,” as that term is defined in Section 4.1, below, to be paid by Tenant under the terms of this Lease, then Landlord shall reimburse Tenant for the reasonable and actual out-of-pocket cost incurred by Tenant in connection with such measurement, but in no event in an amount in excess of the present value of the actual increase in the amount of Rent to be paid by Tenant as a result of such measurement. Landlord hereby agrees that $40,000.00 is a reasonable amount with respect to the cost of such measurement by Tenant’s space planner/architect/surveyor. Landlord’s space planner/architect/surveyor may review Tenant’s space planner/architect/surveyor’s determination of the number of rentable square feet and usable square feet of the Premises and Tenant Landlord may, within fifteen (15) business days after Tenant's Landlord’s receipt of Landlord's Tenant’s space planner/architect's /surveyor’s written determination, object to such determination by written notice to Landlord. Tenant's failure to deliver written notice of such objection within said fifteen (15) business day period shall be deemed to constitute Tenant's acceptance of Landlord's space planner/architect's determination. If Tenant Landlord objects to such determination, Landlord's ’s space planner/architect architect/surveyor and Tenant's ’s space planner/architect architect/surveyor shall promptly meet and attempt to agree upon the rentable and usable square footage of the Premises. If Landlord's ’s space planner/architect architect/surveyor and Tenant's ’s space planner/architect architect/surveyor cannot agree on the rentable and useable square footage of the Premises within thirty (30) days after Tenant's Landlord’s objection thereto, Landlord and Tenant shall mutually select an independent third party space measurement professional to field measure the Premises pursuant to BOMA. Such third party independent measurement professional's ’s determination shall be conclusive and binding on Landlord and Tenant. [***] Landlord and Tenant shall each pay [***] one-half ( 1⁄2) of the fees and expenses of the independent third party space measurement professional. If the Lease Term commences Rent Commencement Date occurs prior to such final determination, [***] Landlord’s determination shall be utilized until a final determination is made, whereupon an appropriate adjustment, if necessary, shall be made retroactively, and Landlord shall make appropriate payment (if applicable) to Tenant. In the event that pursuant to the procedure described in this Section 1.2 above, it is determined that the square footage amounts shall be different from those set forth in this Lease, all amounts, percentages and figures appearing or referred to in this Lease based upon such incorrect amount (including, without limitation, the amount of the "Rent" and any "Security Deposit," as those terms are defined in Section 4.1 and Article 21 of this Lease, respectively, and the amount of the "Improvement Allowance," as that term is defined in Section 2.1 4.1, but not including the “L-C Amount,” as that term is defined in Article 21 of this Lease, or the Work Letter Agreementprovisions regarding bicycles) shall be modified in accordance with such determination. If such determination is madeTenant elects not to measure the rentable area of the Premises on or before the expiration of the thirty (30) day period set forth above, it will then the rentable area of the Building and the Premises shall be confirmed as set forth in writing by Landlord to TenantSections 2.1 and 2.2 of the Summary, respectively.

Appears in 2 contracts

Samples: Office Lease (Square, Inc.), Office Lease (Square, Inc.)

Verification of Rentable Square Feet of Premises and Building. For purposes of this Lease, "rentable square feet" shall be mean “rentable area” calculated pursuant to the Standard Method of for Measuring Floor Area in Office BuildingBuildings, ANSI ANSI/BOMA Z65.1 - 1996– 2010 Method B (the “BOMA Standard”). As of the Date of this Lease, the Building contains 169,692 rentable square feet. During the period commencing on the Delivery Date and ending forty-five (45) days thereafter, Tenant shall have the right to have Tenant’s architect verify the rentable square footage of the Premises set forth in Section 6 of the Summary using the BOMA Standard. If the Tenant’s architect disagrees with Landlord’s space measurement as set forth in Section 6 of the Summary, Tenant shall have the right to notify Landlord in writing of the disagreement within fifteen (15) days after expiration of the 45-day period specified above, and its accompanying guidelinesthen, as applicable to single-tenant buildings (collectively, "BOMA"). Within for a period of thirty (30) days after following written notice from Tenant to Landlord of such disagreement, Landlord and Tenant shall cause their respective space measurement consultants to meet and confer in good faith toward a resolution of such disagreement. If during such 30-day period the Lease Commencement Date, Landlord's respective space planner/architect shall measure the rentable square feet of the entire Premises measurement consultants agree on a floor-by-floor basis, and thereafter such determined rentable square footages final measurement of the Premises, then Landlord and Tenant shall memorialize such final measurement of the rentable square footage of the Premises in writing and such final measurement shall be binding on Landlord and Tenant for purposes of this Section 1.3. If the respective space measurement consultants are unable to agree on a final measurement of the Premises during such 30-day period, then the Landlord and Tenant shall jointly engage a third-party architect who has not previously worked for either of them and each floorparty shall submit their calculation of the rentable square footage of the Premises to the third-byparty architect. The third-floor portion party architect shall be asked to select which calculation, Landlord or Tenant’s, more accurately measures the rentable square footage of the Premises, and such determination shall thereafter be binding on Landlord and Tenant for purposes of this Section 1.3. The cost of the results thereof third-party architect shall be presented to Tenant in writingborne equally by Landlord and Tenant. Tenant's space planner/architect may review Landlord's space planner/architect's determination If the final measurement of the number of rentable square feet and usable square feet of the Premises and Tenant may, within fifteen (15) business days after Tenant's receipt of Landlord's space planner/architect's written determination, object to such determination by written notice to Landlord. Tenant's failure to deliver written notice of such objection within said fifteen (15) business day period shall be deemed to constitute Tenant's acceptance of Landlord's space planner/architect's determination. If Tenant objects to such determination, Landlord's space planner/architect and Tenant's space planner/architect shall promptly meet and attempt to agree upon the rentable and usable square footage of the Premises. If Landlord's space planner/architect and Tenant's space planner/architect cannot agree on the rentable and useable square footage of the Premises within thirty (30) days after Tenant's objection theretoas determined pursuant to this Section 1.3 is different from the square footage set forth in Section 6 of the Summary, then Landlord and Tenant shall mutually select enter into an independent third party space measurement professional amendment to field measure the Premises pursuant to BOMA. Such third party independent measurement professional's determination shall be conclusive and binding on Landlord and Tenant. [***] pay [***] of the fees and expenses of the independent third party space measurement professional. If the this Lease Term commences prior to such final determination, [***] determination shall be utilized until a final determination is made, whereupon an appropriate adjustment, if necessary, shall be made retroactively, and Landlord shall make appropriate payment (if applicable) to Tenant. In the event that pursuant to the procedure described in this Section 1.2 above, it is determined that the square footage amounts shall be different from those set forth in this Lease, modifying all amounts, percentages and figures appearing or referred to in this Lease based upon to conform to such incorrect amount corrected rentable square footage (including, without limitation, the amount of the "Rent" and any "Security Deposit," ” (as those terms are defined in Section 4.1 and Article 21 below). At any time after the initial Lease Term, Landlord’s discretion, the number of this Lease, respectively, rentable square feet of the Premises and the amount of the "Improvement Allowance," as that term is defined in Section 2.1 of the Work Letter Agreement) Building shall be modified subject to verification from time to time by Landlord’s space measurement consultant in accordance with such determination. If such determination is made, it will be confirmed in writing by Landlord to Tenantthe BOMA Standard.

Appears in 1 contract

Samples: Lease Agreement (DMC Global Inc.)

Verification of Rentable Square Feet of Premises and Building. For purposes of this Lease, "rentable square feet" ” in the Premises and the Building, as the case may be, shall be calculated pursuant to Standard Method of Measuring Floor Area in Office Building, ANSI Z65.1 - 1996, and its accompanying guidelines, as applicable to single-tenant buildings guidelines (collectively, "BOMA"). Within thirty (30) days after the Lease Commencement Date, Landlord's Tenant may elect to cause Tenant’s space planner/architect shall architect/surveyor to measure the square feet of the Premises, and thereafter the rentable square feet of the entire Premises on a floor-by-floor basis, and thereafter such determined rentable square footages of the Premises, each floor-by-floor portion of the Premises, and the results thereof shall be presented to Tenant Landlord in writing. ; provided, however, if such measurement by Tenant's space planner/architect may review Landlord's ’s space planner/architect's /surveyor results in an increase in the “Rent,” as that term is defined in Section 4.1, below, to be paid by Tenant under the terms of this Lease, then Landlord shall reimburse Tenant for the reasonable and actual out-of-pocket cost incurred by Tenant in connection with such measurement, but in no event in an amount in excess of the present value of the actual increase in the amount of Rent to be paid by Tenant as a result of such measurement. Landlord hereby agrees that $40,000.00 is a reasonable amount with respect to the cost of such measurement by Tenant’s space planner/architect/surveyor. Landlord’s space planner/architect/surveyor may review Tenant’s space planner/architect/surveyor’s determination of the number of rentable square feet and usable square feet of the Premises and Tenant Landlord may, within fifteen (15) business days after Tenant's Landlord’s receipt of Landlord's Tenant’s space planner/architect's /surveyor’s written determination, object to such determination by written notice to Landlord. Tenant's failure to deliver written notice of such objection within said fifteen (15) business day period shall be deemed to constitute Tenant's acceptance of Landlord's space planner/architect's determination. If Tenant Landlord objects to such determination, Landlord's ’s space planner/architect architect/surveyor and Tenant's ’s space planner/architect architect/surveyor shall promptly meet and attempt to agree upon the rentable and usable square footage of the Premises. If Landlord's ’s space planner/architect architect/surveyor and Tenant's ’s space planner/architect architect/surveyor cannot agree on the rentable and useable square footage of the Premises within thirty (30) days after Tenant's Landlord’s objection thereto, Landlord and Tenant shall mutually select an independent third party space measurement professional to field measure the Premises pursuant to BOMA. Such third party independent measurement professional's ’s determination shall be conclusive and binding on Landlord and Tenant. [***] Landlord and Tenant shall each pay [***] one-half (1 ⁄ 2) of the fees and expenses of the independent third party space measurement professional. If the Lease Term commences Rent Commencement Date occurs prior to such final determination, [***] Landlord’s determination shall be utilized until a final determination is made, whereupon an appropriate adjustment, if necessary, shall be made retroactively, and Landlord shall make appropriate payment (if applicable) to Tenant. In the event that pursuant to the procedure described in this Section 1.2 above, it is determined that the square footage amounts shall be different from those set forth in this Lease, all amounts, percentages and figures appearing or referred to in this Lease based upon such incorrect amount (including, without limitation, the amount of the "Rent" and any "Security Deposit," as those terms are defined in Section 4.1 and Article 21 of this Lease, respectively, and the amount of the "Improvement Allowance," as that term is defined in Section 2.1 4.1, but not including the “L-C Amount,” as that term is defined in Article 21 of this Lease, or the Work Letter Agreementprovisions regarding bicycles) shall be modified in accordance with such determination. If such determination is madeTenant elects not to measure the rentable area of the Premises on or before the expiration of the thirty (30) day period set forth above, it will then the rentable area of the Building and the Premises shall be confirmed as set forth in writing by Landlord to TenantSections 2.1 and 2.2 of the Summary, respectively.

Appears in 1 contract

Samples: Office Lease (Square, Inc.)

Verification of Rentable Square Feet of Premises and Building. For purposes of this Lease, "the “rentable square feet" ” of the Premises shall be calculated pursuant to Standard Method of Measuring Floor Area in Office Building, ANSI : Standard Methods of Measurement and Calculating Rentable Area – (ANSI/BOMA Z65.1 - 1996– 2010) (Method B), and its accompanying guidelines, as applicable to single-tenant buildings (i.e., rentable square footage equating to Gross Building Area) (collectively, "BOMA"). Within thirty (30) days after Prior to the Lease Commencement Date, Landlord shall cause Landlord's ’s space planner/architect shall to measure the rentable square feet of the entire Premises on a floor-by-floor basisPremises, and thereafter such determined the rentable square footages feet of the Premises, each floor-by-floor portion of the Premises, Premises and the results thereof shall be presented to Tenant in writing. Tenant's ’s space planner/architect may review Landlord's ’s space planner/architect's ’s XXXXXX REALTY THE CAMPUS AT SORRENTO GATEWAY 702009.06/WLA -7- Office Lease 110045-00136/12-26-12/EG/eg [Accelrys, Inc.] determination of the number of rentable square feet and usable square feet of the Premises and Tenant may, within fifteen (15) business days after Tenant's ’s receipt of Landlord's ’s space planner/architect's ’s written determination, object to such determination by written notice “Notice” (as that term is defined in Section 29.18 of this Lease) to Landlord. Tenant's ’s failure to deliver written notice Notice of such objection within said fifteen (15) business day period shall be deemed to constitute Tenant's ’s acceptance of Landlord's ’s space planner/architect's ’s determination. If Tenant objects to such determination, Landlord's ’s space planner/architect and Tenant's ’s space planner/architect shall promptly meet and attempt to agree upon the rentable and usable square footage of the Premises. If Landlord's ’s space planner/architect and Tenant's ’s space planner/architect cannot agree on the rentable and useable square footage of the Premises within thirty (30) days after Tenant's ’s objection thereto, Landlord and Tenant shall mutually select an independent third party space measurement professional to field measure the Premises pursuant to BOMA. Such third party independent measurement professional's ’s determination shall be conclusive and binding on Landlord and Tenant. [***] Landlord and Tenant shall each pay [***] one-half ( 1/2) of the fees and expenses of the independent third party space measurement professional. If the Lease Term commences prior to such final determination, [***] Landlord’s determination shall be utilized until a final determination is made, whereupon an appropriate adjustment, if necessary, shall be made retroactively, and Landlord shall make appropriate payment (if applicable) to Tenant. In the event that pursuant to the procedure described in this Section 1.2 above, it is determined that the square footage amounts shall be different from those set forth in this Lease, all amounts, percentages and figures appearing or referred to in this Lease based upon such incorrect amount (including, without limitation, the amount of the "“Base Rent Abatement,” “Rent" and any "Security Deposit," as those terms are defined in Section Sections 3.2 and 4.1 of this Lease and Article 21 of this Lease, respectively, and the amount of the "Improvement Allowance," as that term is defined in Section 2.1 of the Work Letter Agreement) shall be modified in accordance with such determination. If such determination is made, it will be confirmed in writing by Landlord to Tenant.

Appears in 1 contract

Samples: Office Lease (Accelrys, Inc.)

Verification of Rentable Square Feet of Premises and Building. For purposes of this Lease, "rentable square feet" shall be calculated pursuant to Standard Method of Measuring Floor Area in Office Industrial Building, ANSI Z65.1 - 1996, and its accompanying guidelines, as applicable to single-tenant buildings Z65.1—1996 (collectively, "BOMA"). Within thirty (30) days after the Lease Commencement Date, Landlord's space planner/architect shall measure the rentable square feet of the entire Premises on a floor-by-floor basis, and thereafter such determined rentable square footages in accordance with the provisions of the Premises, each floor-by-floor portion of the Premises, this Section 1.2 and the results thereof shall be presented to Tenant in writing. Tenant's space planner/architect may review Landlord's space planner/architect's determination of the number of rentable square feet and usable square feet of the Premises and Tenant may, within fifteen (15) business days after Tenant's receipt of Landlord's space planner/architect's written determinationdeterminzation, object to such determination by written notice to Landlord. Tenant's failure to deliver written notice of such objection within said fifteen (15) business day period shall be deemed to constitute Tenant's acceptance of Landlord's space planner/architect's determination. If Tenant objects to such determination, Landlord's space planner/architect and Tenant's space planner/architect shall promptly meet and attempt to agree upon the rentable and usable square footage of the Premises. If Landlord's space planner/architect and Tenant's space planner/architect cannot agree on the rentable and useable square footage of the Premises within thirty (30) days after Tenant's objection thereto, Landlord and Tenant shall mutually select an independent third party space measurement professional to field measure the Premises pursuant to BOMA. Such independent third party independent measurement professional's determination shall be conclusive and binding on Landlord and Tenant. [***] Landlord and Tenant shall each pay [***] one-half (1/2) of the fees and expenses of the independent third party space measurement professional. If To the extent the Lease Term commences prior to such final determination, [***] Landlord's determination shall be utilized until a final determination is made, whereupon an appropriate adjustment, if necessary, shall be made retroactively, and Landlord Landlord, or Tenant, as applicable, shall make appropriate payment (if applicable) to Tenantthe other. In the event that it is determined, pursuant to the procedure described in this Section 1.2 above, it is determined that the square footage amounts shall be different from those set forth in this Lease, all amounts, percentages and figures appearing or referred to in this Lease based upon such incorrect amount (including, without limitation, the amount of the "Rent," and any "Security Deposit," as those terms are defined in Section 4.1 and Article 21 of this Lease, respectively, and the amount of the "Improvement Allowance," as that term is defined in Section 2.1 of the Work Letter Agreement) shall be modified in accordance with such determination. If such Such final determination is made, it will shall be confirmed in writing by between Landlord to and Tenant.

Appears in 1 contract

Samples: Center Office Lease (Farville Inc)

Verification of Rentable Square Feet of Premises and Building. For purposes of this Lease, "rentable square feet" ” and “usable square feet” shall be calculated pursuant to Office Buildings: Standard Methods of Measurement and Calculating Rentable Area – 2010 (Method of Measuring Floor Area in Office Building, ANSI Z65.1 - 1996B), and its accompanying guidelines, as applicable to single-tenant buildings guidelines (collectively, "BOMA"). Within thirty (30) days after the Lease Commencement Date, Landlord's ’s space planner/architect shall measure the rentable and usable square feet of the entire Premises on a floor-by-floor basis, and thereafter such determined rentable square footages in accordance with the provisions of the Premises, each floor-by-floor portion of the Premises, this Section 1.2 and the results thereof shall be presented to Tenant in writing. Tenant's ’s space planner/architect may review Landlord's ’s space planner/architect's ’s determination of the number of rentable square feet and usable square feet of the Premises and Tenant may, within fifteen (15) business days after Tenant's ’s receipt of Landlord's ’s space planner/architect's ’s written determination, object to such determination by written notice to Landlord. Tenant's ’s failure to deliver written notice of such objection within said fifteen (15) business day period shall be deemed to constitute Tenant's ’s acceptance of Landlord's ’s space planner/architect's ’s determination. If Tenant objects to such determination, Landlord's ’s space planner/architect and Tenant's ’s space planner/architect shall promptly meet and attempt to agree upon the rentable and usable square footage of the Premises. If Landlord's ’s space planner/architect and Tenant's ’s space planner/architect cannot agree on the rentable and useable square footage of the Premises within thirty (30) days after Tenant's ’s objection thereto, Landlord and Tenant shall mutually select an independent third party space measurement professional to field measure the Premises pursuant to BOMAunder the BOMA Standard. Such third party independent measurement professional's ’s determination shall be conclusive and binding on Landlord and Tenant. [***] Landlord and Tenant shall each pay [***] one-half ( 1⁄2) of the fees and expenses of the independent third party space measurement professional. If the Lease Term commences prior to such final determination, [***] Landlord’s determination shall be utilized until a final determination is made, whereupon an appropriate adjustment, if necessary, shall be made retroactively, and Landlord shall make appropriate payment (if applicable) to Tenant. In the event that pursuant to the procedure described in this Section 1.2 above, it is determined that the square footage amounts shall be different from those set forth in this Lease, all amounts, percentages and figures appearing or referred to in this Lease based upon such incorrect amount (including, without limitation, the amount of the "Rent" and any "Security Deposit," as those terms are defined in Section 4.1 and Article 21 of this Lease, respectively, and the amount of the "Improvement Allowance," as that term is defined in Section 2.1 4.1 of the Work Letter Agreementthis Lease) shall be modified in accordance with such determination. If such determination is made, it will be confirmed in writing by Landlord to Tenant.

Appears in 1 contract

Samples: Office Lease (Acadia Pharmaceuticals Inc)

Verification of Rentable Square Feet of Premises and Building. For purposes of this Lease, "rentable square feet" and "usable square feet" shall be calculated pursuant to Standard Method of Measuring Floor Area in Single Tenant Office Building, ANSI Z65.1 - 1996, and its accompanying guidelines, as applicable to single-tenant buildings 1996 (collectively, "BOMA"). Within thirty (30) days after the Lease Commencement Date, Landlord's space planner/architect shall measure the rentable and usable square feet of the entire Premises on a floor-by-floor basis, and thereafter such determined rentable square footages of the Premises, each floor-by-floor portion of the Premises, and thereafter the results thereof shall be presented to Tenant in writing. Tenant's space planner/architect may review Landlord's space planner/architect's determination of the number of rentable square feet and usable square feet of the Premises and Tenant may, within fifteen (15) business days after Tenant's receipt of Landlord's space planner/architect's written determination, object is subject to such determination verification from time to time by written notice to Landlord. Tenant's failure to deliver written notice of such objection within said fifteen (15) business day period shall be deemed to constitute Tenant's acceptance of Landlord's space planner/architect's determination. If Tenant objects to such determination, Landlord's space planner/architect and Tenant's space planner/architect such verification shall promptly meet and attempt to agree upon be made in accordance with the rentable and usable square footage provisions of this SECTION 1.2. Tenant shall have the Premises. If right, exercisable within forty-five (45) days after its written receipt of such determination by Landlord's space planner/architect and Tenant's space planner/architect cannot agree on the rentable and useable square footage of architect, to remeasure the Premises within thirty such forty-five (3045) day period. Landlord shall have ten (10) business days after its receipt of the results of such remeasurement to either (i) accept Tenant's objection theretoremeasurement determination in writing, Landlord and Tenant shall mutually select an independent third party space measurement professional to field measure the Premises pursuant to BOMA. Such third party independent measurement professional's determination shall be conclusive and binding on Landlord and Tenant. [***] pay [***] of the fees and expenses of the independent third party space measurement professional. If the Lease Term commences prior to such final determination, [***] determination shall be utilized until a final determination is made, whereupon an appropriate adjustment, if necessary, shall be made retroactively, and Landlord shall make appropriate payment (if applicable) to Tenant. In the in which event that pursuant to the procedure described in this Section 1.2 above, it is determined that the square footage amounts shall be different from those set forth in this Lease, all amounts, percentages and figures appearing or referred to in this Lease based upon such an incorrect amount (including, without limitation, the amount of the "Rent" and any "Security Deposit," as those terms are defined in Section 4.1 and Article 21 of this Lease, respectively, Rent and the amount of the "Tenant Improvement Allowance," as that term is defined in Section 2.1 of the Work Letter Agreement) shall be modified in accordance with such determination, or (ii) reject Tenant's determination in which event such dispute will be resolved pursuant to binding arbitration by (and in accordance with the rules of) the American Arbitration Association. If Upon the resolution of such determination is madedispute through such binding arbitration, (i) all amounts, percentages and figures appearing or referred to in this Lease based upon an incorrect amount (including, without limitation, the amount of the Rent and Tenant Improvement Allowance) shall be modified in accordance with such determination, and (ii) any payments due to Landlord from Tenant based upon the amount of square feet contained in the Premises shall be proportionally, retroactively (to the point of the applicable verification initiating such process) and prospectively reduced or increased, as appropriate, to reflect the actual number of square feet as properly remeasured under the BOMA standard. In any event, upon reaching a final determination, it will be confirmed in writing by Landlord to and Tenant.

Appears in 1 contract

Samples: Office Lease (Newgen Results Corp)

Verification of Rentable Square Feet of Premises and Building. For purposes of this Lease, "rentable square feet" ” and “usable square feet” shall be calculated pursuant to Standard Method of Measuring Floor Area in Office Building, ANSI Z65.1 - 1996, and its accompanying guidelines, as applicable to single-tenant buildings guidelines (collectively, "BOMA"). Within thirty (30) days after the Lease Commencement Date, Landlord may elect to cause Landlord's ’s space planner/architect shall to measure the rentable and usable square feet of the entire Premises on a floor-by-floor basisPremises, and thereafter such determined the rentable and usable square footages feet of the Premises, each floor-by-floor portion of the Premises, Premises and the results thereof shall be presented to Tenant in writing. Tenant's ’s space planner/architect may review Landlord's ’s space planner/architect's ’s determination of the number of rentable square feet and usable square feet of the Premises and Tenant may, within fifteen (15) business days after Tenant's ’s receipt of Landlord's ’s space planner/architect's ’s written determination, object to such determination by written notice to Landlord. Tenant's ’s failure to deliver written notice of such objection within said fifteen (15) business day period shall be deemed to constitute Tenant's ’s acceptance of Landlord's ’s space planner/architect's ’s determination. If Tenant objects to such determination, Landlord's ’s space planner/architect and Tenant's ’s space planner/architect shall promptly meet and attempt to agree upon the rentable and usable square footage of the Premises. If Landlord's ’s space planner/architect and Tenant's ’s space planner/architect cannot agree on the rentable and useable square footage of the Premises within thirty (30) days after Tenant's ’s objection thereto, Landlord and Tenant shall mutually select an independent third party space measurement professional to field measure the Premises pursuant to BOMA. Such third party independent measurement professional's ’s determination shall be conclusive and binding on Landlord and Tenant. [***] Landlord and Tenant shall each pay [***] one-half ( 1/2) of the fees and expenses of the independent third party space measurement professional. If the Lease Term commences prior to such final determination, [***] Landlord’s determination shall be utilized until a final determination is made, whereupon an appropriate adjustment, if necessary, shall be made retroactively, and Landlord shall make appropriate payment (if applicable) to Tenant. In the event that pursuant to the procedure described in this Section 1.2 above, it is determined that the square footage amounts shall be different from those set forth in this Lease, all amounts, percentages and figures appearing or referred to in this Lease based upon such incorrect amount (including, without limitation, the amount of the "Rent" and any "Security Deposit," as those terms are defined in Section 4.1 and Article 21 of this Lease, respectively, and the amount of the "Improvement Allowance," as that term is defined in Section 2.1 of the Work Letter Agreement) shall be modified in accordance with such determination. If such determination is made, it will be confirmed in writing by Landlord to Tenant.

Appears in 1 contract

Samples: Office Lease (Volcano Corp)

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Verification of Rentable Square Feet of Premises and Building. For purposes of this Lease, "rentable square feet" ” in the Premises and the Building, as the case may be, shall be calculated pursuant to Standard Method of Measuring Floor Area in Office Building, ANSI Z65.1 - 1996Z65.1—1996, and its accompanying guidelines, as applicable to single-tenant buildings guidelines (collectively, "BOMA"). Within thirty (30) days after the Lease Commencement Date, Landlord's Tenant may elect to cause Tenant’s space planner/architect shall architect/surveyor to measure the square feet of the Premises, and thereafter the rentable square feet of the entire Premises on a floor-by-floor basis, and thereafter such determined rentable square footages of the Premises, each floor-by-floor portion of the Premises, and the results thereof shall be presented to Tenant Landlord in writing. Tenant's space planner/architect may review Landlord's ; provided, however, if such measurement by Xxxxxx’s space planner/architect's /surveyor results in an increase in the “Rent,” as that term is defined in Section 4.1, below, to be paid by Xxxxxx under the terms of this Lease, then Landlord shall reimburse Tenant for the reasonable and actual out-of-pocket cost incurred by Tenant in connection with such measurement, but in no event in an amount in excess of the present value of the actual increase in the amount of Rent to be paid by Tenant as a result of such measurement. Landlord hereby agrees that $40,000.00 is a reasonable amount with respect to the cost of such measurement by Xxxxxx’s space planner/architect/surveyor. Landlord’s space planner/architect/surveyor may review Tenant’s space planner/architect/surveyor’s determination of the number of rentable square feet and usable square feet of the Premises and Tenant Landlord may, within fifteen (15) business days after Tenant's Xxxxxxxx’s receipt of Landlord's Tenant’s space planner/architect's /surveyor’s written determination, object to such determination by written notice to Landlord. Tenant's failure to deliver written notice of such objection within said fifteen (15) business day period shall be deemed to constitute Tenant's acceptance of Landlord's space planner/architect's determinationXxxxxx. If Tenant Landlord objects to such determination, Landlord's Xxxxxxxx’s space planner/architect architect/surveyor and Tenant's Xxxxxx’s space planner/architect architect/surveyor shall promptly meet and attempt to agree upon the rentable and usable square footage of the Premises. If Landlord's Xxxxxxxx’s space planner/architect architect/surveyor and Tenant's Xxxxxx’s space planner/architect architect/surveyor cannot agree on the rentable and useable square footage of the Premises within thirty (30) days after Tenant's Landlord’s objection thereto, Landlord and Tenant shall mutually select an independent third party space measurement professional to field measure the Premises pursuant to BOMA. Such third party independent measurement professional's ’s determination shall be conclusive and binding on Landlord and Tenant. [***] Landlord and Tenant shall each pay [***] one-half (1⁄2) of the fees and expenses of the independent third party space measurement professional. If the Lease Term commences Rent Commencement Date occurs prior to such final determination, [***] Landlord’s determination shall be utilized until a final determination is made, whereupon an appropriate adjustment, if necessary, shall be made retroactively, and Landlord shall make appropriate payment (if applicable) to Tenant. In the event that pursuant to the procedure described in this Section 1.2 above, it is determined that the square footage amounts shall be different from those set forth in this Lease, all amounts, percentages and figures appearing or referred to in this Lease based upon such incorrect amount (including, without limitation, the amount of the "Rent" and any "Security Deposit," as those terms are defined in Section 4.1 and Article 21 of this Lease, respectively, and the amount of the "Improvement Allowance," as that term is defined in Section 2.1 4.1, but not including the “L-C Amount,” as that term is defined in Article 21 of this Lease, or the Work Letter Agreementprovisions regarding bicycles) shall be modified in accordance with such determination. If such determination is madeTenant elects not to measure the rentable area of the Premises on or before the expiration of the thirty (30) day period set forth above, it will then the rentable area of the Building and the Premises shall be confirmed as set forth in writing by Landlord to TenantSections 2.1 and 2.2 of the Summary, respectively.

Appears in 1 contract

Samples: Sublease (Reddit, Inc.)

Verification of Rentable Square Feet of Premises and Building. For purposes of this Lease, "rentable square feet" and "usable square feet" shall be calculated pursuant to Standard Method of Measuring Floor Area in Office Building, ANSI Z65.1 - 1996, and its accompanying guidelines, as applicable to single-tenant buildings 1996 (collectively, "BOMA"). Within thirty (30) days after the Lease Commencement Date, Landlord's space planner/architect shall measure the rentable and usable square feet of the entire Premises on a floor-by-floor basis, and thereafter such determined rentable square footages in accordance with the provisions of the Premises, each floor-by-floor portion of the Premises, this Section 1.2 and the results thereof shall be presented to Tenant in writing. Tenant's space planner/architect may review Landlord's space planner/architect's determination of the number of rentable square feet and usable useable square feet of the Premises and Tenant may, within fifteen (15) business days after Tenant's receipt of Landlord's space planner/architect's written determination, object to such determination by written notice to Landlord. Tenant's failure to deliver written notice of such objection within said fifteen (15) business day period shall be deemed to constitute Tenant's acceptance of Landlord's space planner/architect's determination. If Tenant objects to such determination, Landlord's space planner/architect and Tenant's space planner/architect shall promptly meet and attempt to agree upon the rentable and usable useable square footage of the Premises. If Landlord's space planner/architect and Tenant's space planner/architect cannot agree on the rentable and useable square footage of the Premises within thirty (30) days after Tenant's objection thereto, Landlord and Tenant shall mutually select an independent third party space measurement professional to field measure the Premises pursuant to BOMAunder the BOMA Standard. Such third party independent measurement professional's determination shall be conclusive and binding on Landlord and Tenant. [***] Landlord and Tenant shall each pay [***] one-half ( 1/2) of the fees and expenses of the independent third party space measurement professional. If the Lease Term commences prior to such final determination, [***] Landlord's determination shall be utilized until a final determination is made, whereupon an appropriate adjustment, if necessary, shall be made retroactively, and Landlord shall make appropriate payment (if applicable) to Tenant. In the event that pursuant to the procedure described in this Section 1.2 above, it is determined that the square footage amounts shall be different from those set forth in this Lease, all amounts, percentages and figures appearing or referred to in this Lease based upon such incorrect amount (including, without limitation, the amount of the "RentRENT" and any "Security DepositSECURITY DEPOSIT," as those terms are defined in Section 4.1 and Article 21 of this Lease, respectively, and the amount of the "Tenant Improvement Allowance," , as that term is defined in Section 2.1 of the Work Letter AgreementEXHIBIT B, attached hereto) shall be modified in accordance with such determination. If such determination is made, it will be confirmed in writing by Landlord to Tenant.

Appears in 1 contract

Samples: Office Lease (Amn Healthcare Services Inc)

Verification of Rentable Square Feet of Premises and Building. For purposes of this Lease, "rentable square feet" and "usable square feet" shall be calculated pursuant to Standard Method of Measuring Floor Area in Office Building, ANSI Z65.1 - 1996: Methods of Measurement and Calculating Rentable Area – 2010 (Method B), and its accompanying guidelines, as applicable to single-tenant buildings guidelines (collectively, "BOMA"). Within thirty (30) days after the Lease Commencement Date, Landlord may elect to cause Landlord's ’s space planner/architect shall to measure the rentable and usable square feet of the entire Premises on a floor-by-floor basisPremises, and thereafter such determined the rentable and usable square footages feet of the Premises, each floor-by-floor portion of the Premises, Premises and the results thereof shall be presented to Tenant in writing. Tenant's space planner/architect may review Landlord's space planner/architect's determination of the number of rentable square feet and usable square feet of the Premises and Tenant may, within fifteen (15) business days after Tenant's receipt of Landlord's space planner/architect's written determination, object to such determination by written notice to Landlord. Tenant's failure to deliver written notice of such objection within said fifteen (15) business day period shall be deemed to constitute Tenant's acceptance of Landlord's space planner/architect's determination. If Tenant objects to such determination, Landlord's space planner/architect and Tenant's space planner/architect shall promptly meet and attempt to agree upon the rentable and usable square footage of the Premises. If Landlord's space planner/architect and Tenant's space planner/architect cannot agree on the rentable and useable square footage of the Premises within thirty (30) days after Tenant's objection thereto, Landlord and Tenant shall mutually select an independent third party space measurement professional to field measure the Premises pursuant to BOMA. Such third party independent measurement professional's determination shall be conclusive and binding on Landlord and Tenant. [***] Landlord and Tenant shall each pay [***] one-half (½) of the fees and expenses of the independent third party space measurement professional. If the Lease Term commences prior to such final determination, [***] Landlord's determination shall be utilized until a final determination is made, whereupon an appropriate adjustment, if necessary, shall be made retroactively, and Landlord shall make appropriate payment (if applicable) to Tenant. In the event that pursuant to the procedure described in this Section 1.2 above, it is determined that the square footage amounts shall be different from those set forth in this Lease, all amounts, percentages and figures appearing or referred to in this Lease based upon such incorrect amount (including, without limitation, the amount of the "Rent," the "Security Deposit," and any "Security Deposit,Improvement Allowance" as those terms are defined in Section 4.1 and Article 21 of this Lease, respectively, and the amount of the "Improvement Allowance," as that term is defined well as in Section 2.1 1.3 of the Work Letter Agreement) Letter, shall be modified in accordance with such determination. If such determination is made, it will be confirmed in writing by Landlord to Tenant...

Appears in 1 contract

Samples: Office Lease (St. Bernard Software, Inc.)

Verification of Rentable Square Feet of Premises and Building. For purposes of this Lease, "rentable square feet" ” and “usable square feet” shall be calculated pursuant to Standard Method of Measuring Floor Area in Office Building, ANSI Z65.1 - 1996, and its accompanying guidelines, as applicable to single-tenant buildings guidelines (collectively, "BOMA"). Within thirty (30) days after the Lease Commencement Date, Landlord's ’s space planner/architect shall measure the rentable and usable square feet of the entire Premises on a floor-by-floor basisPremises, and thereafter such determined rentable square footages of the Premises, each floor-by-floor portion of the Premises, and the results thereof Premises shall be presented to Tenant in writing. Tenant's ’s space planner/architect may review Landlord's ’s space planner/architect's ’s determination of the number of rentable square feet and usable square feet of the Premises and Tenant may, within fifteen (15) business days after Tenant's ’s receipt of Landlord's ’s space planner/architect's ’s written determination, object to such determination by written notice to Landlord. Tenant's ’s failure to deliver written notice of such objection within said fifteen (15) business day period shall be deemed to constitute Tenant's ’s acceptance of Landlord's ’s space planner/architect's ’s determination. If Tenant objects to such determination, Landlord's ’s space planner/architect and Tenant's ’s space planner/architect shall promptly meet and attempt to agree upon the rentable and usable square footage of the Premises. If Landlord's ’s space planner/architect and Tenant's ’s space planner/architect cannot agree on the rentable and useable square footage of the Premises within thirty (30) days after Tenant's ’s objection thereto, Landlord and Tenant shall mutually select an independent third party space measurement professional to field measure the Premises pursuant to BOMA. Such third party *** Confidential portions of this document have been redacted and filed separately with the Commission. independent measurement professional's ’s determination shall be conclusive and binding on Landlord and Tenant. [***] pay [***] of the fees and expenses of the independent third party space measurement professional. If the Lease Term commences prior to such final determination, [***] determination shall be utilized until a final determination is made, whereupon an appropriate adjustment, if necessary, shall be made retroactively, and Landlord shall make appropriate payment (if applicable) to Tenant. In the event that pursuant to the procedure described in this Section 1.2 above, it is determined that the square footage amounts shall be different from those set forth in this Lease, all amounts, percentages and figures appearing or referred to in this Lease based upon such incorrect amount (including, without limitation, the amount of the "Rent" and any "Security Deposit," as those terms are defined in Section 4.1 and Article 21 of this Lease, respectively, and the amount of the "Improvement Allowance," as that term is defined in Section 2.1 of the Work Letter Agreement) shall be modified in accordance with such determination. If such determination is made, it will be confirmed in writing by Landlord to Tenant.

Appears in 1 contract

Samples: Office Lease (Bridgepoint Education Inc)

Verification of Rentable Square Feet of Premises and Building. For purposes of this Lease, "rentable square feet" ” and “usable square feet” shall be calculated pursuant to Standard Method of Measuring Floor Area in Office Building, ANSI Z65.1 - 1996: Methods of Measurement and Calculating Rentable Area – 2010 (Method B), and its accompanying guidelines, as applicable to single-tenant buildings guidelines (collectively, "BOMA"). Within thirty (30) days after the Lease Commencement Date, Landlord's ’s space planner/architect shall measure the rentable and usable square feet of the entire Premises on a floor-by-floor basis, and thereafter such determined rentable square footages in accordance with the provisions of the Premises, each floor-by-floor portion of the Premises, this Section 1.2 and the results thereof shall be presented to Tenant in writing. Tenant's ’s space planner/architect may review Landlord's ’s space planner/architect's ’s determination of the number of rentable square feet and usable square feet of the Premises and Tenant may, within fifteen (15) business days after Tenant's ’s receipt of Landlord's ’s space planner/architect's ’s written determination, object to such determination by written notice to Landlord. Tenant's ’s failure to deliver written notice of such objection within said fifteen (15) business day period shall be deemed to constitute Tenant's ’s acceptance of Landlord's ’s space planner/architect's ’s determination. If Tenant objects to such determination, Landlord's ’s space planner/architect and Tenant's ’s space planner/architect shall promptly meet and attempt to agree upon the rentable and usable square footage of the Premises. If Landlord's ’s space planner/architect and Tenant's ’s space planner/architect cannot agree on the rentable and useable square footage of the Premises within thirty (30) days after Tenant's ’s objection thereto, Landlord and Tenant shall mutually select an independent third party space measurement professional to field measure the Premises pursuant to BOMA. Such third party independent measurement professional's ’s determination shall be conclusive and binding on Landlord and Tenant. [***] Landlord and Tenant shall each pay [***] one-half ( 1/2) of the fees and expenses of the independent third party space measurement professional. If the Lease Term commences prior to such final determination, [***] Landlord’s determination shall be utilized until a final determination is made, whereupon an appropriate adjustment, if necessary, shall be made retroactively, and Landlord shall make appropriate payment (if applicable) to Tenant. In the event that pursuant to the procedure described in this Section 1.2 above, it is determined that the square footage amounts shall be different from those set forth in this Lease, all amounts, percentages and figures appearing or referred to in this Lease based upon such incorrect amount (including, without limitation, the amount of the "Rent" and any "Security Deposit," as those terms are defined in Section 4.1 and Article 21 of this Lease, respectively, and the amount of the "Improvement Allowance," as that term is defined in Section 2.1 of the Work Letter Agreement) shall be modified in accordance with such determination. If such determination is made, it will be confirmed in writing by Landlord to Tenant.

Appears in 1 contract

Samples: Office Lease (SERVICE-NOW.COM)

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