Definition of Premises with Re-measurement Right Clause
(Commercial Lease) (Pro-Tenant)

Summary

This definition of premises clause may be used in a commercial lease to define the leased premises and to give the tenant the right to re-measure the rentable area of the premises. This clause contains practical guidance and drafting notes. The rentable area of the leased premises can have a significant impact on rent and other charges paid by the tenant under a commercial lease, and the tenant often wants the right to verify the rentable area if construction of the premises is not complete at the time of lease signing. This clause favors the tenant but contains drafting notes from both the tenant's and the landlord's perspectives. The capitalized terms used in this clause should be conformed to those used in the relevant lease. For a definition of premises clause with the right to re-measure containing language favorable to the landlord, see Definition of Premises with Re-measurement Right Clause (Commercial Lease) (Pro-Landlord). For a full listing of key content covering various types of commercial leasing, see Industrial Leasing Resource Kit, Office Leasing Resource Kit, Restaurant Leasing Resource Kit, and Retail Leasing Resource Kit. For further guidance on identifying the premises in a commercial lease, see Industrial Lease Agreements, Office Lease Agreements, Restaurant Lease Agreements, and Retail Lease Agreements. For an explanation of expansion rights provisions in commercial leases, including options to expand, rights of first offer, and rights of first refusal, see Expansion Rights Provisions in Commercial Leases.