Re-Measurement within a Letter of Intent (“LOI”)

“Tenant shall have the option, exercisable by written notice to Landlord within thirty (30) days after delivery of the Premises to Tenant, to verify the gross leasable area (“GLA”) of the Premises by having the Premises measured by Tenant’s architect in accordance with the BOMA measurement standard (the “Tenant’s Re-Measurement”). If Tenant does not conduct Tenant’s Re-Measurement within such thirty (30) day period or if the GLA of the Premises resulting from Tenant’s Re-Measurement is within three percent (3%) of the GLA of the Premises as stated herein (the “Stated Area”), the GLA of the Premises shall be equal to the Stated Area. If the Tenant’s Re-Measurement is not within three percent (3%) of the Stated Area, Landlord and Tenant shall negotiate in good faith for ten (10) days to attempt to reach agreement as to the GLA of the Premises. If within such ten (10) day period the parties have not mutually agreed on the GLA of the Premises, then within five (5) days following such 10-day period Landlord’s architect and Tenant’s architect shall jointly appoint a third architect. The third architect shall independently make his or her determination of the GLA of the Premises within ten (10) days after appointment. The measurement of the third architect shall be deemed to be the GLA of the Premises. If it is finally determined, pursuant to the procedures set forth herein, that the GLA of the Premises is other than _______ square feet, then the Minimum Guaranteed Rent, all additional rent, Tenant’s proportionate share and all other terms of this lease dependent upon the size of the Premises shall be revised accordingly.”