THAT TERM IS DEFINED IN SECTION 2.1 OF THE TENANT WORK LETTER ATTACHED HERETO AS
EXHIBIT B) IN THE AMOUNT OF THE EXTERIOR IMPROVEMENTS UNDERAGE.
1.4
EXTERIOR COMMON AREAS.
LANDLORD SHALL USE
ITS GOOD FAITH, COMMERCIALLY REASONABLE EFFORTS, AT LANDLORD'S SOLE COST AND
EXPENSE, TO CAUSE THE COMMON AREAS OF THE PROJECT TO BE FURTHER IMPROVED BY THE
ADDITION OF AN OUTDOOR LANDSCAPED RECREATIONAL AREA INCLUDING OUTDOOR, SHADED
EATING AREAS, AND RECREATION AREAS (THE "NEW OUTDOOR AREAS").
SUCH NEW OUTDOOR
AREAS SHALL BE COMMON AREAS, AVAILABLE FOR USE BY TENANT AND ITS EMPLOYEES AND
VISITORS, AND BY OTHER TENANTS OF THE PROJECT.
LANDLORD SHALL KEEP TENANT
REASONABLY APPRISED OF LANDLORD'S EFFORTS TO CONSTRUCT THE NEW OUTDOOR AREAS.
NOTWITHSTANDING THE FOREGOING, LANDLORD SHALL NOT BE IN BREACH OF THIS LEASE,
AND TENANT SHALL NOT HAVE THE RIGHT TO ABATE ANY RENT DUE HEREUNDER, IF LANDLORD
DOES NOT CAUSE THE NEW OUTDOOR AREAS TO BE BUILT OR IF THE NEW OUTDOOR AREAS
DEVIATE FROM THE DESCRIPTION ABOVE.
1.5
VERIFICATION OF RENTABLE SQUARE FEET OF
PREMISES.
THE RENTABLE AND USABLE AREA OF THE PREMISES SHALL BE DETERMINED IN
ACCORDANCE WITH THE STANDARDS SET FORTH IN ANSI Z65.1-1996, AS PROMULGATED BY
THE BUILDING OWNERS AND MANAGERS ASSOCIATION (THE "BOMA STANDARD").
LANDLORD
AND TENANT SHALL EACH HAVE THE RIGHT, UPON NOTICE (THE "REMEASUREMENT NOTICE")
DELIVERED TO THE OTHER PARTY WITHIN SIXTY (60) DAYS FOLLOWING THE LEASE
COMMENCEMENT DATE, TO REMEASURE THE USABLE SQUARE FOOTAGE OF THE PREMISES IN
ACCORDANCE WITH THE BOMA STANDARD.
IN THE EVENT THAT SUCH REMEASUREMENT
INDICATES THAT THE USABLE SQUARE FOOTAGE MEASUREMENT SET FORTH IN THIS LEASE IS
IN EXCESS OF OR LOWER THAN THE USABLE SQUARE FOOTAGE NUMBER WHICH WOULD HAVE
RESULTED HAD THE BOMA STANDARD BEEN PROPERLY UTILIZED, ANY PAYMENTS DUE EITHER
PARTY (OR OTHER RIGHTS BETWEEN LANDLORD AND TENANT) BASED UPON THE AMOUNT OF
RENTABLE AND USABLE SQUARE FEET CONTAINED IN THE PREMISES (INCLUDING, WITHOUT
LIMITATION, THE BASE RENT, TENANT'S SHARE, THE SECURITY DEPOSIT AMOUNT, AND THE
IMPROVEMENT ALLOWANCE), SHALL BE PROPORTIONALLY, RETROACTIVELY AND PROSPECTIVELY
REDUCED OR INCREASED, AS APPROPRIATE, TO REFLECT THE ACTUAL NUMBER OF RENTABLE
AND USABLE SQUARE FEET AS PROPERLY DERIVED FROM THE REMEASURED USABLE SQUARE
FOOTAGE UNDER THE BOMA STANDARD.
IF EITHER PARTY DISAGREES WITH THE OTHER
PARTY'S REMEASUREMENT AND IF A DISPUTE OCCURS REGARDING THE FINAL ACCURACY OF
THE USABLE SQUARE FOOTAGE MEASUREMENT OF THE PREMISES IN ACCORDANCE WITH THE
BOMA STANDARD, SUCH DISPUTE WILL BE CONCLUSIVELY RESOLVED BY AN ARCHITECT
SELECTED BY LANDLORD AND APPROVED BY TENANT, IN TENANT'S REASONABLE DISCRETION.
IN THE EVENT THAT A REMEASUREMENT NOTICE IS NOT TIMELY DELIVERED IN ACCORDANCE
WITH THE TERMS OF THIS SECTION 1.5, THE SQUARE FOOTAGE OF THE PREMISES SHALL NOT
BE SUBJECT TO REMEASUREMENT, AND THE RENTABLE SQUARE FOOTAGE SET FORTH IN
SECTION 2.2 OF THE SUMMARY ABOVE SHALL BE BINDING AND CONCLUSIVE.
1.6
RECORDATION OF MEMORANDUM OF LEASE.
CONCURRENTLY WITH THE MUTUAL EXECUTION OF THIS LEASE, LANDLORD AND TENANT SHALL
EXECUTE AND ACKNOWLEDGE A MEMORANDUM OF LEASE IN THE FORM ATTACHED HERETO