Common use of Adjustments to Monthly Rent Clause in Contracts

Adjustments to Monthly Rent. The Monthly Rent may be adjusted at any time during the Term in accordance with the provisions of Paragraph 2.1.1 of Exhibit D to the Build to Suit Agreement. In addition, the Monthly Rent shall be increased, but not decreased, as of the first day of the month which is twenty-five (25) months from the Commencement Date and every twenty-four (24) months thereafter during the Term (including without limitation the Extended Term) (each, an "Adjustment Date") by the greater of (i) the percentage increase in the Index from the previous Adjustment Date (or, for the first Adjustment Date, from the Commencement Date), up to a maximum of sixteen percent (16%), or (ii) seven percent (7%). If, however, the last Adjustment Date occurs at any time after the first day of a calendar month, the first Adjustment Date shall be the first day of the immediately following calendar month. On each Adjustment Date, the total aggregate amount of Monthly Rent then in effect shall be multiplied by the greater of (x) the lesser of (A) a fraction, the numerator of which is the Index published most recently before the applicable Adjustment Date, and the denominator of which is the Index published most recently before the prior Adjustment Date (or, in the case of the first Adjustment Date, the Index published most recently before the Commencement Date), or (B) one hundred sixteen percent (116%), or (y) one hundred seven percent (107%); and the corresponding product shall be the Monthly Rent in effect until the next Adjustment Date. In no event shall the Monthly Rent in effect after an Adjustment Date be less than one hundred seven percent (107%) of the Monthly Rent in effect immediately prior to such Adjustment Date. If no Index is published for either of the months set forth above, the Index for the next preceding month shall be used.

Adjustments to Monthly Rent. The Monthly Rent may be adjusted at any time during the Term in accordance with the provisions of Paragraph 2.1.1 of Exhibit D to the Build to Suit Agreement. In addition, the Monthly Rent shall be increased, but not decreased, adjusted --------------------------- as of the first day of the 13th month which is twenty-five (25) months from of the Commencement Date Term and every twenty-four twelve (2412) months thereafter during the Term (including without limitation the Extended Term) (each, an "Adjustment Date") by the greater percentage increase in the Consumer Price Index, All Urban Consumers, All Items, published by the U.S. Department of Labor, Bureau of Labor Statistics for the San Francisco-Oakland- San Xxxx Metropolitan Area (i1982-84=100) (the "Index"). The Index published for the month immediately preceding each Adjustment Date (the "Current Index) shall be compared with the Index published for the month immediately preceding the Commencement Date (the "Beginning Index"), to determine the percentage increase in the Index from Monthly Rent for the previous Adjustment Date next twelve (or, 12) months of the Term. The Monthly Rent for any such period (the "Current Monthly Rent") shall be determined by multiplying the Monthly Rent for the first Adjustment Date, from twelve (12) months of the Commencement Date), up Term ("Initial Monthly Rent") by the ratio of the Current Index to a maximum of sixteen percent (16%), or (ii) seven percent (7%). Ifthe Beginning Index; provided, however, the last Adjustment Date occurs at any time after the first day of a calendar month, the first Adjustment Date shall be the first day of the immediately following calendar month. On each Adjustment Date, the total aggregate amount of Monthly Rent then that in effect shall be multiplied by the greater of (x) the lesser of (A) a fraction, the numerator of which is the Index published most recently before the applicable Adjustment Date, and the denominator of which is the Index published most recently before the prior Adjustment Date (or, in the case of the first Adjustment Date, the Index published most recently before the Commencement Date), or (B) one hundred sixteen percent (116%), or (y) one hundred seven percent (107%); and the corresponding product shall be the Monthly Rent in effect until the next Adjustment Date. In no event shall the Monthly Rent in effect after an Adjustment Date be less for any year increase by more than one hundred seven three percent (1073%) of over the Monthly Rent in effect immediately prior to such Adjustment Datefor the preceding year (the "Previous Monthly Rent"). Thus, the Current Monthly Rent shall be determined by the following calculations: Current Monthly Rent = Initial Monthly Rent x (Current Index / Beginning Index) provided that Current Monthly Rent Previous Monthly Rent x 103%. If no Index is published for either of the months set forth above, the Index for the next preceding month shall be used. If the base of the Index is revised, the Index increases, if any, shall be calculated with a common base year. If the Index is discontinued or revised, such other governmental index with which it is replaced, with appropriate conversion factors, shall be the basis of the adjustment.

Adjustments to Monthly Rent. The Monthly Rent may be adjusted at any time during the Term in accordance with the provisions of Paragraph 2.1.1 of Exhibit D to the Build to Suit Agreement. In addition, the Monthly Rent shall be increased, --------------------------- but not decreased, as of the first day of the month which is twenty-five (25) months from the Commencement Date and every twenty-four (24) months thereafter during the Term (including without limitation the Extended TermTerms) (each, an "Adjustment Date") by the greater of (i) the percentage increase in the Index ---------------- from the previous Adjustment Date (or, for the first Adjustment Date, from the Commencement Date), up to a maximum of sixteen percent (16%), or (ii) seven percent (7%). If, however, the last Adjustment Date occurs at any time after the first day of a calendar month, the first Adjustment Date shall be the first day of the immediately following calendar month. On each Adjustment Date, the total aggregate amount of Monthly Rent then in effect shall be multiplied by the greater of (x) the lesser of (A) a fraction, the numerator of which is the Index published most recently before the applicable Adjustment Date, and the denominator of which is the Index published most recently before the prior Adjustment Date (or, in the case of the first Adjustment Date, the Index published most recently before the Commencement Date), or (B) one hundred sixteen percent (116%), or (y) one hundred seven percent (107%); and the corresponding product shall be the Monthly Rent in effect until the next Adjustment Date. In no event shall the Monthly Rent in effect after an Adjustment Date be less than one hundred seven percent (107%) of the Monthly Rent in effect immediately prior to such Adjustment Date. If no Index is published for either of the months set forth above, the Index for the next preceding month shall be used.