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North Dakota Remeasurement Clause Used When Variances Exist Between the Rentable and Actual Area of a Space to be Built

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US-OL706A
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Description

This office lease clause lists a way to provide for variances between the rentable area of a "to be built" demised premises and the actual area after construction.


The North Dakota Remeasurement Clause is a legal provision used when there are discrepancies or variances between the rentable area and the actual area of a space to be constructed. This clause helps ensure fair dealings and accurate rent calculations for both landlords and tenants in North Dakota. In cases where the planned construction does not result in the expected rentable area, this clause allows for a remeasurement of the space. It helps resolve disputes arising from differing measurements and serves as a mechanism to adjust lease agreements accordingly. The clause encompasses various scenarios and can be categorized into different types based on the nature of the variance. Some common variations of the North Dakota Remeasurement Clause include: 1. Gross Area Remeasurement: This type of remeasurement clause focuses on the overall gross area of the space, including interior walls, corridors, staircases, and common areas. It allows for adjustments when variances occur in the entire area to be rented. 2. Usable Area Remeasurement: With this remeasurement clause, the focus is on the actual usable area, excluding common areas or spaces that cannot be directly used by the tenant. It accounts for variations in the functional space available for the tenant's exclusive use. 3. Net Rentable Area Remeasurement: This clause specifically considers the net rentable area, excluding common areas, structural columns, or other non-revenue-generating spaces. It addresses variations in the area to be used for rent calculation purposes, ensuring accurate payment from the tenant. These different types of clauses under the North Dakota Remeasurement Clause are designed to cater to specific situations, offering flexibility and fairness in lease agreements. They help establish guidelines for accurately determining the rentable area of a space, preventing disputes and ensuring transparency between landlords and tenants. It is important to consult a qualified attorney while drafting or interpreting these clauses to ensure compliance with North Dakota laws and regulations.

The North Dakota Remeasurement Clause is a legal provision used when there are discrepancies or variances between the rentable area and the actual area of a space to be constructed. This clause helps ensure fair dealings and accurate rent calculations for both landlords and tenants in North Dakota. In cases where the planned construction does not result in the expected rentable area, this clause allows for a remeasurement of the space. It helps resolve disputes arising from differing measurements and serves as a mechanism to adjust lease agreements accordingly. The clause encompasses various scenarios and can be categorized into different types based on the nature of the variance. Some common variations of the North Dakota Remeasurement Clause include: 1. Gross Area Remeasurement: This type of remeasurement clause focuses on the overall gross area of the space, including interior walls, corridors, staircases, and common areas. It allows for adjustments when variances occur in the entire area to be rented. 2. Usable Area Remeasurement: With this remeasurement clause, the focus is on the actual usable area, excluding common areas or spaces that cannot be directly used by the tenant. It accounts for variations in the functional space available for the tenant's exclusive use. 3. Net Rentable Area Remeasurement: This clause specifically considers the net rentable area, excluding common areas, structural columns, or other non-revenue-generating spaces. It addresses variations in the area to be used for rent calculation purposes, ensuring accurate payment from the tenant. These different types of clauses under the North Dakota Remeasurement Clause are designed to cater to specific situations, offering flexibility and fairness in lease agreements. They help establish guidelines for accurately determining the rentable area of a space, preventing disputes and ensuring transparency between landlords and tenants. It is important to consult a qualified attorney while drafting or interpreting these clauses to ensure compliance with North Dakota laws and regulations.

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FAQ

Leased Premises means an area forming part of the Property, assigned to the LESSEE for its exclusive use under this Contract, per Lease Schedule.

A Standard Clause defining the leased premises for a commercial real estate lease with language allowing the parties to remeasure the premises. A tenant's right to remeasure is generally a tenant-favorable concept, but this Standard Clause offers a landlord-friendly alternative for remeasurement.

Tenant's Premises . A portion of the first floor of the Building in ance with the floor plan attached hereto as Exhibit E and incorporated herein by reference.

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Remeasurement. Within sixty (60) days after the Commencement Date, upon request of Tenant, Landlord shall have its architect (“Landlord's Architect”) ... FORM 1OK. ANNUAL REPORTI PURSUANT TO SECTION 13 OR 15d OF THE SFCURITIES. EXCHANGE ACT OF 1934 oi the fiscal year ended. December 31 2009.Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 ... Feb 22, 2023 — IDENTIFICATION, GENERAL INFORMATION, AND CERTIFICATION. This Section must be completed for all projects. Facility/Project Identification. ... space in several phases in Redwood City, California. Total undiscounted base rent payments over the term of this lease are approximately $103.1 million. In ... ... South Dakota Incomes for your use case and prepare them without juridical assistance ... Download printable and editable forms in PDF or Word May 8, 2001 — ... established through appraisal, the appraised rate must exceed comparable commercial square foot rates by 20 percent. When shell Rent in owned ... NEW ISSUE. Ratings: See “RATINGS” herein. BOOK‑ENTRY ONLY. In the opinion of Kutak Rock LLP, Bond Counsel to the Commission, under existing laws, ... Mar 30, 2023 — Securities registered pursuant to Section 12(g) of the Act: None. Indicate by check mark if the registrant is a well-known seasoned issuer, ... Apr 15, 2022 — Exhibit 1. Organizational Chart. Exhibit 2. Facilities Owned and Operated by FMCNA. Exhibit 3. State Licensing and Certification Entities.

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North Dakota Remeasurement Clause Used When Variances Exist Between the Rentable and Actual Area of a Space to be Built