Measurement of the Premises Clause Samples
The "Measurement of the Premises" clause defines how the size or area of a leased property is determined for the purposes of the agreement. Typically, this clause outlines the method or standard to be used for measuring the premises, such as referencing industry guidelines or specifying whether measurements are taken from interior or exterior walls. It may also address what happens if there is a discrepancy between the stated and actual measurements, such as adjusting rent or other charges accordingly. The core function of this clause is to ensure both parties have a clear, agreed-upon understanding of the premises' dimensions, thereby preventing disputes over space and related financial obligations.
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Measurement of the Premises. Landlord and Tenant agree that the Premises Rentable Area identified in Section 1.1 is recited for Landlord’s administrative purposes only and that, although the Annual Fixed Rent has been determined by reference to such square footage (regardless of the possibility that the actual measurement of the Premises may be more or less than the number identified, irrespective of measurement method used), Annual Fixed Rent and Tenant’s Percentage shall not be changed except as expressly provided in this Lease.
Measurement of the Premises. 16.1 The Measurement Surveyor has been appointed by the Developer at its own cost and the terms of his appointment require him to issue to the Tenant a duty of care in favour of the Tenant in the form attached to this agreement as Appendix 8 and the Landlord shall use reasonable endeavours to enforce such obligation.
16.2 The Measurement Surveyor shall act as an expert and not an arbitrator and his decision, as to the Net Internal Area of the Measured Area, shall be final and binding on the parties to this agreement.
Measurement of the Premises. Either party hereto may, not later than ten (10) days after the Commencement Date, request that an exact measurement of the Premises be made in accordance with the Standard Method of Measuring Floor Area in Office Buildings as adopted by the Building Owners and Managers Association International (ANSI/BOMA Z65.1-2017). Such measurement shall be made by a licensed architect or engineer designated by Landlord at the cost and expense of the requesting party. If the rentable area of the Premises, as so measured, is more than one hundred one percent (101%) or less than ninety-nine percent (99%) of the Premises Rentable Area as set forth in Section 1.1: (i) the definition of Premises Rentable Area set forth in Section 1.1 shall be deemed amended in accordance with such measurement; (ii) Annual Fixed Rent shall, retroactively to the Commencement Date, be recomputed by multiplying the Annual Fixed Rent as set forth in Section 1.1 by a fraction (the “Fraction”), the numerator of which shall be the rentable area as so measured and the denominator of which shall be the Premises Rentable Area set forth in Section 1.1; (iii) Tenant’s Percentage shall, retroactively to the Commencement Date, be recomputed to be the percentage determined by multiplying Tenant’s Percentage as set forth in Section 1.1 by the Fraction, and (iv) if applicable, the Allowance shall, retroactively to the Commencement Date, be adjusted by multiplying the rentable area as so measured by the Allowance per rentable square foot as set forth in Article 3 below. Any payment due to Landlord as the result of such adjustment shall be paid within thirty
Measurement of the Premises. Within thirty (30) days after the date on which Landlord's Base Building Work is substantially complete for Tenant Improvements construction, but in no event later than the Term Commencement Date, Landlord shall cause the Premises to be measured by a mutually acceptable and professionally qualified architect (other than Landlord's or Tenants architect) licensed in the state of California. The rentable square feet of the Premises shall be based on a dripline measurement. If the rentable square footage of the Premises is other than the stated rentable feet of the Premises in the Basic Lease Information, the Base Rent shall correspondingly be adjusted at the same rate per square foot as set forth in the Basic Lease Information. Any modification or adjustment to the rentable square feet of the Premises and any other terms of the Lease must be made and agreed to in writing by the parties within fifteen (15) days after Landlord's receipt of architect's measurement. Failure on the part of the parties to agree within fifteen (15) days or any dispute between Landlord and Tenant pertaining this Paragraph 38.l. shall be resolved by submitting to binding arbitration, conducted and determined in San Diego County according to the prevailing rules of the American Arbitration Association for arbitration of commercial disputes. 39. JURY TRIAL WAIVER EACH PARTY HERETO (WHICH INCLUDES ANY ASSIGNEE, SUCCESSOR HEIR OR PERSONAL REPRESENTATIVE OF A PARTY) SHALL NOT SEEK A JURY TRIAL, HEREBY WAIVES TRIAL BY JURY, AND HEREBY FURTHER WAIVES ANY OBJECTION TO VENUE IN THE COUNTY IN WHICH THE BUILDING IS LOCATED, AND AGREES AND CONSENTS TO PERSONAL JURISDICTION OF THE COURTS OF THE STATE IN WHICH THE PROPERTY IS LOCATED, IN ANY ACTION OR PROCEEDING OR COUNTERCLAIM BROUGHT BY ANY PARTY HERETO AGAINST THE OTHER ON ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE, THE RELATIONSHIP OF LANDLORD AND TENANT, TENANT'S USE OR OCCUPANCY OF THE PREMISES, OR ANY CLAIM OF INJURY OR DAMAGE OR THE ENFORCEMENT OF ANY REMEDY UNDER ANY STATUTE, EMERGENCY OR OTHERWISE, WHETHER ANY OF THE FOREGOING IS BASED ON THIS LEASE OR ON TORT LAW. EACH PARTY REPRESENTS THAT IT HAS HAD THE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL CONCERNING THE EFFECT OF THIS PARAGRAPH 39. THE PROVISIONS OF THE PARAGRAPH 39 SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE.
Measurement of the Premises. Upon Substantial Completion, Landlord's architect shall certify, by its review of the Approved Construction Documents and its examination of the Building, the Building's square footage (the "BSQ"). If such measurement is less than 49,870 square feet, the Minimum Annual Rent shall be recalculated by multiplying the BSQ times $14.25, which rent shall be escalated annually at the rate of 2.75%.
Measurement of the Premises. On or before the Term Commencement Date, Landlord shall have a licensed architect certify the square footages set forth in Paragraph E of the SLP, and any adjustments thereto shall be reflected in the Acknowledgment.
Measurement of the Premises. For purposes of this Lease, prior to the Commencement Date Landlord’s architect shall measure the rentable square footage of the Premises and the Building pursuant to the Building Owners and Managers Association International Standard Method for Measuring Floor Area under ANSI/BOMA Z65.2-2012 Industrial Buildings Standard Methods of Measurement, Method B (the “BOMA Standard”). Tenant shall have the right to verify the rentable square footage of the Premises and Building at any time prior to Commencement Date. Tenant’s Architect, (as defined in Addendum 3- Work Letter) shall consult with Landlord’s architect regarding such verification, and any discrepancy shall be resolved by Landlord’s architect and Tenant’s Architect, both acting reasonably, and their joint determination shall be conclusive and binding upon the parties.
Measurement of the Premises. Within thirty (30) days after the date on which Landlord's Base Building Work is substantially complete for Tenant Improvements construction, but in no event later than the Term Commencement Date, Landlord shall, at its sole cost, cause the Premises to be measured by a mutually acceptable and professionally qualified architect (other than Landlord's or Tenant's architect) licensed in the state of California. The rentable square feet of the Premises shall be based on a measurement according to the Building Owners and Managers Association. If the rentable square footage of the Premises is other than the stated rentable feet of the Premises in the Basic Lease Information, the Base Rent and Tenant's Proportionate Share shall correspondingly be adjusted, at the same rate per square foot as set forth in the Basic Lease Information. Similarly, the Tenant Improvement Allowance pursuant to Paragraph 4.2 of Exhibit C shall correspondingly be adjusted at the rate per square foot that is the Tenant Improvement Allowance divided by the useable square feet of the entire Premises. Any modification or adjustment to the rentable square feet of the Premises and any other terms of the Lease must be made and agreed to in writing by the parties within thirty (30) days after Landlord's receipt of architect's measurement. Failure on the part of the parties to agree within thirty (30) days or any dispute between Landlord and Tenant pertaining this Paragraph 22.4 shall be resolved by submitting to binding arbitration, conducted and determined in San Diego County according to the prevailing rules of the American Arbitration Association for arbitration of commercial disputes.
Measurement of the Premises shall be deleted in its entirety. Landlord and Tenant acknowledge and agree that Landlord has provided the Architect’s determination that the ground floor area of the Building, calculated in accordance with BOMA Industrial Standard, ANSI/BOMA ▇▇▇.▇-▇▇▇▇ ▇▇▇▇▇▇ A, is 404,744 square feet and such square footage shall not be subject to re-measurement by either Landlord or ▇▇▇▇▇▇.
K. Section 4.3 (Completion of Initial Improvements) is deleted in its entirety and shall have no further force or effect.
Measurement of the Premises. All calculations of "Usable Area" and "Rentable Area" under this Lease shall be determined in accordance with BOMA standards (Building Owners and Managers Association Method for Measuring Floor Area in Office Buildings, ANSI Z65.1-1996). However, the parties agree that any statement of square footage set forth in this Lease, or that may have been used in calculating rental, is an approximation which Landlord and Tenant agree is reasonable and the rental based thereon is not subject to revision whether or not the actual square footage is more or less.