Common use of Base Rent Adjustments Clause in Contracts

Base Rent Adjustments. (a) Except for on January 1. 2006. Base Rent shall be increased on January 1 of each year during the Term of this Lease (each an “Adjustment Date”) by multiplying the Base Rent payable immediately before such Adjustment Date by the Rent Adjustment Percentage and adding the resulting amount to the Base Rent payable immediately before such Adjustment Date. Base Rent, as so adjusted, shall thereafter be due as provided herein. Base Rent adjustments for any fractional calendar month shall be prorated. “CPI Adjustment Percentage” means (i) a fraction, stated as a percentage, the numerator of which shall be the Index for the calendar month 3 months before the month in which the Adjustment Date occurs, and the denominator of which shall be the Index for the calendar month 3 months before the last Adjustment Date or if no provided. Base Rent adjustment has been made, 15 months before the date of such Base Rent adjustment, less (ii) 1.00. “Index” means the “Consumer Price Index- All Urban Consumers-San Diego Metropolitan Area, All Items” compiled by the U.S. Department of Labor, Bureau of Labor Statistics, (1982-84 = 100). If a substantial change is made in the Index, the revised Index shall be used, subject to such adjustments as Landlord may reasonably deem appropriate in order to make the revised Index comparable to the prior index. If the Bureau of Labor Statistics ceases to publish the Index, then the successor or most nearly comparable index, as reasonably determined by Landlord, shall be used, subject to such adjustments as Landlord may reasonably deem appropriate in order to make the new index comparable to the Index. Landlord shall give Tenant written notice indicating the Base Rent, as adjusted pursuant to this Section, and the method of computation and Tenant shall pay to Landlord an amount equal to any underpayment of Base Rent by Tenant within 15 days of Landlord’s notice to Tenant. Failure to deliver such notice shall not reduce, xxxxx, waive or diminish Tenant’s obligation to pay the adjusted Base Rent.

Base Rent Adjustments. (a) Except for on January 1. 2006. Base Rent shall be increased on January 1 each annual anniversary of each year the first day of the first full month during the Term of this Lease (each an “"Adjustment Date”") by multiplying the Base Rent payable immediately before such Adjustment Date by the Rent Adjustment Percentage and adding the resulting amount to the Base Rent payable immediately before such Adjustment Date. Base Rent, as so adjusted, shall thereafter be due as provided herein. Base Rent adjustments for any fractional calendar month shall be prorated. “"CPI Adjustment Percentage” " means (i) a fraction, stated as a percentage, the numerator of which shall be the Index (as defined below) for the calendar month 3 months before the month in which the Adjustment Date occurs, and the denominator of which shall be the Index for the calendar month 3 months before the last Adjustment Date or or, if no provided. prior Base Rent adjustment has been made, 15 3 months before the date first day of such Base Rent adjustmentthe first full month during the Term of this Lease, less (ii) 1.00. “"Index” " means the “"Consumer Price Index- Index - All Urban Consumers-Consumers - San Diego Diego, California Metropolitan Area, All Items” " compiled by the U.S. Department of Labor, Bureau of Labor Statistics, (1982-84 = 100). If a substantial change is made in the Index, the revised Index shall be used, subject to such adjustments as Landlord may reasonably deem appropriate in order to make the revised Index comparable to the prior indexIndex. If the Bureau of Labor Statistics ceases to publish the Index, then the successor or most nearly comparable index, as reasonably determined by Landlord, shall be used, subject to such adjustments as Landlord may reasonably deem appropriate in order to make the new index comparable to the Index. Landlord shall give Tenant written notice indicating the Base Rent, as adjusted pursuant to this Section, and the method of computation and computation. Failure to deliver such notice shall not reduce, xxxxx, waive, or diminish Tenant's obligation to pay the adjusted Base Rent. If such notice is delivered to Tenant on or after an Adjustment Date, Tenant shall pay to Landlord an amount equal to any underpayment of Base Rent by Tenant within 15 days of Landlord’s 's notice to Tenant. Failure to deliver such notice shall not reduce, xxxxx, waive or diminish Tenant’s obligation to pay the adjusted Base Rent.

Base Rent Adjustments. (a) Except for on January 1. 2006. Base Rent shall be increased on January 1 of each year during the Term of this Lease June 1, 2009, and on June 1, 2010 (each an “Adjustment Date”) by multiplying the Base Rent payable immediately before such Adjustment Date by the Rent Adjustment Percentage and adding the resulting amount to the Base Rent payable immediately before such Adjustment Date. Base Rent, as so adjusted, shall thereafter be due as provided herein. Base Rent adjustments for any fractional calendar month shall be prorated. “CPI Adjustment Percentage” means (i) a fraction, stated as a percentage, the numerator of which shall be the Index for the calendar month 3 months before the month in which the Adjustment Date occurs, and the denominator of which shall be the Index for the calendar month 3 months before the last Adjustment Date or or, if no provided. prior Base Rent adjustment has been mademade based upon the CPI Adjustment Percentage, 15 3 months before the date of such Base Rent adjustmentNew Commencement Date, less (ii) 1.00. “Index” means the “Consumer Price Index- Index-All Urban Consumers-San Diego Metropolitan AreaFrancisco-Oakland-San Xxxx, All Items” compiled by the U.S. Department of Labor, Bureau of Labor Statistics, (1982-84 = 100). If a substantial change is made in the Index, the revised Index shall be used, subject to such adjustments as Landlord may reasonably deem appropriate in order to make the revised Index comparable to the prior indexIndex. If the Bureau of Labor Statistics ceases to publish the Index, then the successor or most nearly comparable index, as reasonably determined by Landlord, shall be used, subject to such adjustments as Landlord may reasonably deem appropriate in order to make the new index comparable to the Index. Landlord shall give Tenant written notice indicating the Base Rent, as adjusted pursuant to this Section, and the method of computation and Tenant shall pay to Landlord an amount equal to any underpayment of Base Rent by Tenant within 15 30 days of Landlord’s notice to Tenant. Failure to deliver such notice shall not reduce, xxxxx, waive or diminish Tenant’s obligation to pay the adjusted Base Rent; provided, however, that in no event shall any adjustment be made after the termination or expiration of the Lease."

Base Rent Adjustments. (a) Except for on January 1. 2006. Base Rent shall be increased on January 1 each annual anniversary of each year the first day of the first full month during the Term of this Lease (each an “"Adjustment Date”") by multiplying the Base Rent payable immediately before such Adjustment Date by the Rent Adjustment Percentage and adding the resulting amount to the Base Rent payable immediately before such Adjustment Date. Base Rent, as so adjusted, shall thereafter be due as provided herein. Base Rent adjustments for any fractional calendar month shall be prorated. “"CPI Adjustment Percentage” " means (i) a fraction, stated as a percentage, the numerator of which shall be the Index (as defined below) for the calendar month 3 months before the month in which the Adjustment Date occurs, and the denominator of which shall be the Index for the calendar month 3 months before the last Adjustment Date or or, if no provided. prior Base Rent adjustment has been made, 15 3 months before the date first day of such Base Rent adjustmentthe first full month during the Term of this Lease, less (ii) 1.00. “"Index” " means the “"Consumer Price Index- Index - All Urban Consumers-Consumers - San Diego Diego, California Metropolitan Area, All Items” " compiled by the U.S. Department of Labor, Bureau of Labor Statistics, (1982-84 = 100). If a substantial change is made in the Index, the revised Index shall be used, subject to such adjustments as Landlord may reasonably deem appropriate in order to make the revised Index comparable to the prior indexIndex. If the Bureau of Labor Statistics ceases to publish the Index, then the successor or most nearly comparable index, as reasonably determined by Landlord, shall be used, subject to such adjustments as Landlord may reasonably deem appropriate in order to make the new index comparable to the Index. Landlord shall give Tenant written notice indicating the Base Rent, as adjusted pursuant to this Section, and the method of computation and computation. Failure to deliver such notice shall not reduce, xxxxx, waive, or diminish Tenant's obligation to pay the adjusted Base Rent. If such notice is delivered to Tenant on or after an Adjustment Date, Tenant shall pay to Landlord an amount equal to any underpayment of Base Rent by Tenant within 15 days of Landlord’s 's notice to Tenant. Failure Operating Expense Payments. Landlord shall deliver to deliver Tenant a written estimate of Operating Expenses for each calendar year during the Term (the "Annual Estimate"), which may be revised by Landlord from time to time during such notice calendar year. During each month of the Term, on the same date that Base Rent is due, Tenant shall not reduce, xxxxx, waive or diminish pay Landlord an amount equal to 1/12 of Tenant’s obligation to pay 's Share of the adjusted Base RentAnnual Estimate Payments for any fractional calendar month shall be prorated.

Base Rent Adjustments. (a) Except for on January 1. 2006. Base Rent shall be increased on January 1 each annual anniversary of each year the first day of the first full month during the Term of this Lease (each an “Adjustment Date”"ADJUSTMENT DATE") by multiplying the Base Rent payable immediately before such Adjustment Date by the Rent Adjustment Percentage and adding the resulting amount to the Base Rent payable immediately before such Adjustment Date. Base Rent, as so adjusted, shall thereafter be due as provided herein. Base Rent adjustments for any fractional calendar month shall be prorated. “"CPI Adjustment Percentage” ADJUSTMENT PERCENTAGE" means (i) a fraction, stated as a percentage, the numerator of which shall be the Index for the calendar month 3 months before the month in which the Adjustment Date occurs, and the denominator of which shall be the Index for the calendar month 3 months before the last Adjustment Date or or, if no provided. prior Base Rent adjustment has been made, 15 3 months before the date first day of such Base Rent adjustmentthe first full month during the Term of this Lease, less (ii) 1.00. “Index” "INDEX" means the “"Consumer Price Index- Index-All Urban Consumers-San Diego Boston Metropolitan Area, All Items” " compiled by the U.S. Department of Labor, Bureau of Labor Statistics, (1982-84 = 100). If a substantial change is made in the Index, the revised Index shall be used, subject to such adjustments as Landlord may reasonably deem appropriate in order to make the revised Index comparable to the prior indexIndex. If the Bureau of Labor Statistics ceases to publish the Index, then the successor or most nearly comparable index, as reasonably determined by Landlord, shall be used, subject to such adjustments as Landlord may reasonably deem appropriate in order to make the new index comparable to the Index. Landlord shall give Tenant written notice indicating the Base Rent, as adjusted pursuant to this Section, and the method of computation and computation. Failure to deliver such notice shall not reduce, abate, waive or diminish Tenant's obligation to pay the adjusted Basx Xxxt. If such notice is delivered to Tenant on or after an Adjustment Date, Tenant shall pay to Landlord an CONFIDENTIAL - DO NOT COPY amount equal to any underpayment of Base Rent by Tenant within 15 days of Landlord’s 's notice to Tenant. Failure to deliver such notice shall not reduce, xxxxx, waive or diminish Tenant’s obligation to pay the adjusted Base Rent.

Base Rent Adjustments. (a) Except for on January 1. 2006. Base Rent shall be increased on January 1 each annual anniversary of each year the first day of the first full month during the Term of this Lease (each an “Adjustment Date”"ADJUSTMENT DATE") by multiplying the Base Rent payable immediately before such Adjustment Date by the Rent Adjustment Percentage and adding the resulting amount to the Base Rent payable immediately before such Adjustment Date. Base Rent, as so adjusted, shall thereafter be due as provided herein. Base Rent adjustments for any fractional calendar month shall be prorated. “"CPI Adjustment Percentage” ADJUSTMENT PERCENTAGE" means (i) a fraction, stated as a percentage, the numerator of which shall be the Index for the calendar month 3 months before the month in which the Adjustment Date occurs, and the denominator of which shall be the Index for the calendar month 3 months before the last Adjustment Date or or, if no provided. prior Base Rent adjustment has been made, 15 3 months before the date first day of such Base Rent adjustmentthe first full month during the Term of this Lease, less (ii) 1.00. “Index” "INDEX" means the “"Consumer Price Index- Index-All Urban Consumers-San Diego Boston Metropolitan Area, All Items” " compiled by the U.S. Department of Labor, Bureau of Labor Statistics, (1982-84 = 100). If a substantial change is made in the Index, the revised Index shall be used, subject to such adjustments as Landlord may reasonably deem appropriate in order to make the revised Index comparable to the prior indexIndex. If the Bureau of Labor Statistics ceases to publish the Index, then the successor or most nearly comparable index, as reasonably determined by Landlord, shall be used, subject to such adjustments as Landlord may reasonably deem appropriate in order to make the new index comparable to the Index. Landlord shall give Tenant written notice indicating the Base Rent, as adjusted pursuant to this Section, and the method of computation and computation. Failure to deliver such notice shall not reduce, abaxx, xaive or diminish Tenant's obligation to pay the adjusted Base Rent. If such notice is delivered to Tenant on or after an Adjustment Date, Tenant shall pay to Landlord an CONFIDENTIAL - DO NOT COPY amount equal to any underpayment of Base Rent by Tenant within 15 days of Landlord’s 's notice to Tenant. Failure to deliver such notice shall not reduce, xxxxx, waive or diminish Tenant’s obligation to pay the adjusted Base Rent.

Base Rent Adjustments. (a) Except for on January 1. 2006. Base Rent shall be increased on January 1 each annual anniversary of each year the first day of the first full month during the Term of this Lease (each an “Adjustment Date”) by multiplying the Base Rent payable immediately before such Adjustment Date by the Rent Adjustment Percentage and adding the resulting amount to the Base Rent payable immediately before such Adjustment Date. Base Rent, as so adjusted, shall thereafter be due as provided herein. Base Rent adjustments for any fractional calendar month shall be prorated. “CPI Adjustment Percentage” means (i) a fraction, stated as a percentage, the numerator of which shall be the Index for the calendar month 3 months before the month in which the Adjustment Date occurs, and the denominator of which shall be the Index for the calendar month 3 months before the last Adjustment Date or or, if no provided. prior Base Rent adjustment has been made, 15 3 months before the date first day of such Base Rent adjustmentthe first full month during the Term of this Lease, less (ii) 1.00. “Index” means the “Consumer Price Index- Index-All Urban Consumers-San Diego Metropolitan AreaNortheast Region, All Items” compiled by the U.S. Department of Labor, Bureau of Labor Statistics, (1982-84 = 100). If a substantial change is made in the Index, the revised Index shall be used, subject to such adjustments as Landlord may reasonably deem appropriate in order to make the revised Index comparable to the prior indexIndex. If the Bureau of Labor Statistics ceases to publish the Index, then the successor or most nearly comparable index, as reasonably determined by Landlord, shall be used, subject to such adjustments as Landlord may reasonably deem appropriate in order to make the new index comparable to the Index. Landlord shall give Tenant written notice indicating the Base Rent, as adjusted pursuant to this Section, and the method of computation and Tenant shall pay to Landlord an amount equal to any underpayment of Base Rent by Tenant within 15 days of Landlord’s notice to Tenant. Failure to deliver such notice shall not reduce, xxxxx, waive or diminish Tenant’s obligation to pay the adjusted Base Rent.

Base Rent Adjustments. (a) Except for on January 1. , 2006. , Base Rent shall be increased on January 1 of each year during the Term of this Lease (each an “Adjustment Date”) by multiplying the Base Rent payable immediately before such Adjustment Date by the Rent Adjustment Percentage and adding the resulting amount to the Base Rent payable immediately before such Adjustment Date. Base Rent, as so adjusted, shall thereafter be due as provided herein. Base Rent adjustments for any fractional calendar month shall be prorated. “CPI Adjustment Percentage” means (i) a fraction, stated as a percentage, the numerator of which shall be the Index for the calendar month 3 months before the month in which the Adjustment Date occurs, and the denominator of which shall be the Index for the calendar month 3 months before the last Adjustment Date or or, if no provided. prior Base Rent adjustment has been made, 15 3 months before the date first day of such Base Rent adjustmentthe first full month during the Term of this Lease, less (ii) 1.00. “Index” means the “Consumer Price Index- Index-All Urban Consumers-San Diego Metropolitan Area, All Items” compiled by the U.S. Department of Labor, Bureau of Labor Statistics, (1982-84 = 100). If a substantial change is made in the Index, the revised Index shall be used, subject to such adjustments as Landlord may reasonably deem appropriate in order to make the revised Index comparable to the prior indexIndex. If the Bureau of Labor Statistics ceases to publish the Index, then the successor or most nearly comparable index, as reasonably determined by Landlord, shall be used, subject to such adjustments as Landlord may reasonably deem appropriate in order to make the new index comparable to the Index. Landlord shall give Tenant written notice indicating the Base Rent, as adjusted pursuant to this Section, and the method of computation and Tenant shall pay to Landlord an amount equal to any underpayment of Base Rent by Tenant within 15 days of Landlord’s notice to Tenant. Failure to deliver such notice shall not reduce, xxxxx, waive or diminish Tenant’s obligation to pay the adjusted Base Rent.