Common use of Measurement of Premises Clause in Contracts

Measurement of Premises. The rentable area of the Premises and Building will be calculated in accordance with the “BOMA Standard” (i.e., the American National Standard method of measuring floor area in office buildings of the Building Owners and Managers Association (ANSI Z65.1-1996)). The measurement of the Premises shall be initially determined as follows: at Tenant’s election, an architect or measurement firm selected by Tenant (the “Measurement Firm”) will measure the Premises and Building and provide the parties with a CADD file of such measurements for review. If Landlord in good faith disagrees with the Measurement Firm’s interpretations or determinations and notifies Tenant of same within thirty (30) days after receipt of the Measurement Firm’s determination, the parties will meet and confer in a diligent, good faith attempt to reach agreement as to the correct measurement(s). If a dispute occurs regarding the final accuracy of such interpretations or determination that is not resolved between Landlord and Tenant, using good faith efforts, within thirty (30) days after Tenant’s receipt of Landlord’s disagreement notice, such dispute will be resolved with architects or office space measurement professionals with at least ten (10) years experience measuring comparable buildings, whose determination will be final and binding upon the parties. If Landlord fails to notify Tenant of Landlord’s disagreement with the Measurement Firm’s determination within such thirty (30) day period, the Measurement Firm’s determination shall be binding and conclusive upon Landlord and Tenant. Upon resolution of the measurement of the Premises, the Premises will not be subject to remeasurement, except in the case of a change in the physical dimensions of the Premises (and any future measurement of the Premises will be in accordance with the BOMA Standard).