Adjustments to Rent. Commencing at the end of the first full year of the original term of this Lease, the rental amount provided in Paragraph 2 above shall be adjusted annually in accordance with the Consumer Price Index as published by the Bureau of Labor Statistics of the U.S. Department of Labor. Such adjustment shall be computed as follows:
Adjustments to Rent. The Annual Base Rent shall be adjusted from time to time in accordance with this section to reflect increases in Expenses (as defined in Section 4.3) and Taxes (as defined in Section 4.4) in accordance with this Section 4.2. The Annual Base Rent, the payments to be made pursuant to this Section 4.2 and the rent for the Storage Space referred to in Section 23.33 is referred to in this Lease as the "Rent". If the Expenses in any lease year during the Term commencing on or after January 1, 2003 exceed the Expense Stop Amount, Tenant shall pay Tenant's Proportionate Share of such excess. If the Taxes in any lease year during the Term commencing on or after January 1, 2003 exceed the Tax Expense Stop Amount, Tenant shall pay Tenant's Proportionate Share of such excess. Within one hundred eighty (180) days after the end of each calendar year (or portion thereof) during the Term, Landlord will provide Tenant with a written notice ("Statement") setting forth Tenant's Proportionate Share of increases in Expenses and/or Taxes over the Expense Stop Amount or Tax Expense Stop Amount, as the case may be, together with a statement of Expenses and Taxes for the previous calendar year. Within thirty (30) days following receipt of the Statement, Tenant shall pay to Landlord as additional rent: (a) Tenant's Proportionate Share of increases in Expenses over the Expense Stop Amount and/or Taxes over the Tax Expense Stop Amount, as the case may be, for the previous calendar year after credit for any estimated payments which Tenant has made pursuant to this Section 4.2; and (b) an estimate of Tenant's Proportionate Share for the months which have elapsed in the then current calendar year based on the previous calendar year's increase in Expenses and/or Taxes over the applicable Expense Stop Amount and Landlord's good faith projection of the increase in Expenses and/or Taxes over the applicable Expense Stop Amount during the current calendar year after credit for any estimated payments made by Tenant pursuant to this Section 4.2. Commencing with the month following the month in which the Statement is dated and continuing until such time as Tenant receives Landlord's next Statement, Tenant shall, each month, pay one-twelfth (1/12) of the estimate of Tenant's Proportionate Share of Expenses and/or Taxes over the applicable Expense Stop Amount, which estimate shall be based on Expenses for the previous year and taxes in excess of the Tax Expense Stop Amount
Adjustments to Rent. Tenant agrees to pay a Pro Rata Share, as defined below, of the amount, if any, by which the Landlord's Expenses, as defined below, for each calendar year during the Term increases above the expenses for the Base Year, as defined below, ("Expense Increase") plus the amount, if any, by which Taxes, as defined below, for each calendar year during the Term exceeds the Taxes for the Base Year ("Tax Increase"). If the Expenses or Taxes in any calendar year decrease below the amount for the Base Year, Tenant's Pro Rata Share of Expenses or Taxes, as the case may be, for that calendar year shall be $0. Landlord shall provide Tenant with an estimate of the Expense Increase and of the Tax Increase for each calendar year during the Term in good faith. On the date Rent is due each month, Tenant shall pay Landlord a monthly installment equal to one-twelfth of Tenant's Pro Rata Share of Landlord's estimate of both the Expense Increase and Tax Increase. If Landlord does not provide Tenant with an estimate of the Expense Increase or the Tax Increase by the end of the first business day of a calendar year, Tenant shall continue to pay monthly installments based on the previous year's estimate(s) until Landlord provides Tenant with the new estimate. As soon as practicable after the end of a calendar year, Landlord shall furnish Tenant with a statement of the actual Expenses and Expense Increase and the actual Taxes and Tax Increase for the prior calendar year. Landlord shall apply any overpayment by Tenant against Rent due or next becoming due, provided if the Term expires before the determination of the overpayment, Landlord shall refund any overpayment to Tenant after first deducting the amount of Rent due. If the estimated Expense Increase or estimated Tax Increase for the prior calendar year is less than the actual Expense Increase or actual Tax Increase, as the case may be, for such prior year, Tenant shall pay Landlord, within thirty (30) days after its receipt of the statement of Expenses or Taxes, any underpayment for the prior calendar year. Within one hundred eighty (180) days after receiving Landlord's statement of Expenses, Tenant may give Landlord written notice that Tenant intends to review Landlord's records of the Expenses for the calendar year to which the statement applies. Landlord shall make available all relevant records that are reasonably necessary for Tenant's review, within a reasonable time. Tenant shall be solely responsible for all costs, expens...
Adjustments to Rent. (a) Tenant will pay a prorated Monthly Rent for any partial month. The prorated Monthly Rent will be determined by dividing the Monthly Rent by the number of days in the partial month.
Adjustments to Rent. 6.01. Base Rent payable under Section 5 of this Lease shall be increased annually, commencing with the second year of the term of this Lease and each year thereafter by a rate of three percent (3%) of the amount of the rent paid by Tenant during the year preceding each annual increase.
Adjustments to Rent. Commencing with the third year of the term of this Lease, the monthly rent to be paid Landlord by Tenant shall be increased annually effective on the anniversary of the commencement date of this Lease by a percentage equal to the annual percentage increase in the Consumer Price Index. As used herein, the term "Consumer Price Index" shall mean the United States Department of Labor Statistics' Consumer Price Index, All Union Consumers, All Items, San Francisco/Oakland, California (1967-1(I)), or the successor of such index. The lease of the index for computation of the increase, if any, shall be the month in which this Lease commences. If no publication is made for the month in which this Lease commences, the Lease shall be the last prevailing month for which publication is made. The index for the same month shall be compared annually to determine the percentage increase and the resulting percentage shall be applied to the monthly rental rate then in effect to determine the monthly rent to be paid the ensuing year. Landlord shall notify Tenant of any increase in the monthly rental rate resulting from such computation and Tenant shall pay Landlord the amount of such increase retroactively to the effective date thereof. In no event shall the rate of increase exceed seven percent (7%) per annum. In the case of the initial rental adjustment, its rate of increase shall not exceed fourteen percent (14%).
Adjustments to Rent. Basic Rent and the schedules of Casualty Values, Termination Values and Special Casualty Values attached hereto shall be adjusted (upward or downward) to preserve Net Economic Return if there is any change in the Code or successor legislation enacted by the Ninety-ninth Congress or if there is adopted, promulgated, issued or published, prior to January 15, 1997, proposed, temporary or final regulations resulting therefrom (regardless of the effective date of such regulations) herein referred to as a Change in Tax Law). Adjustments under this paragraph (d) shall be (1) made not more than once a year and (2) limited in the aggregate to the extent, if any, necessary such that aggregate amount of Basic Rent theretofore and thereafter payable throughout the Basic Lease Term (computed for such purpose only without regard to any adjustments theretofore made pursuant to Section 3(e) or 3(h) shall not be more than 11% upward and 10% downward from the aggregate amount of Basic Rent payable throughout the Basic Lease Term (computed as aforesaid) prior to any adjustment theretofore made pursuant to this Section 3(d); provided, however, that no downward adjustment shall be made hereunder unless and until the aggregate amount of all such downward adjustments shall exceed 1% and then only to the extent such aggregate exceeds 1% (resulting in a maximum downward adjustment of 10%). The foregoing 11% maximum, 10% minimum and 1% "deadband" limitations were determined on the basis of an assumed interest rate on the Notes set forth in Schedule 1 hereunto and are subject to adjustment in connection with any refunding of the Initial Series Note to provide the same protection to the Owner Participant and the Lessee as provided in the original calculations thereof by the Owner Participant. The provisions of this Section 3(d) to the contrary notwithstanding, if any Change in Tax Law is, or becomes, applicable to the transaction contemplated by this Facility Lease in consequence of the transfer of the Owner Participant's beneficial interest in the Trust (whether or not permitted by Section 15 of the Participation Agreement) or if such Change in Tax Law would not have been applicable to such transaction had no such transfer occurred, then no adjustment shall be, or be required to be, made pursuant to this paragraph (d); provided, however, that this sentence shall not apply to the initial transfer of the Owner Participants's beneficial interest to one of its Affiliates.
Adjustments to Rent. Basic Rent and the schedules of Casualty values, Termination Values and Special Casualty Values attached hereto shall be adjusted (upward or downward) to preserve Net Economic Return if there is any Change in Tax Law other than a change in respect of a minimum tax; provided, however, that the aggregate amount of such downward adjustments shall not exceed the aggregate amount of such upward adjustments. Adjustments under this paragraph (d) shall be (1) made not more than once a year and (2) limited in the aggregate to the extent necessary such that the aggregate amount of Basic Rent theretofore and thereafter payable throughout the Basic Lease Term (computed for such purposes only without regard to any adjustments theretofore made pursuant to Section 3(e)) shall not exceed by more than 4% the aggregate amount of Basic Rent which would have been payable throughout the Basic Lease Term (calculated as aforesaid) had no such adjustments been made. The provisions of this Section 3(d) to the contrary notwithstanding, if any Change in Tax Law is, or becomes, applicable to the transaction contemplated by this Facility Lease in consequence of the transfer
Adjustments to Rent. The last two sentences in Subsection 3.2 are hereby deleted.
Adjustments to Rent. Notwithstanding any other terms, covenants or conditions herein, the Rent may be adjusted by written addendum to this Lease as follows:
