Common use of Base Rent Adjustments Clause in Contracts

Base Rent Adjustments. Effective as of the date hereof, Section 4 of the Lease entitled “Base Rent Adjustments” is hereby amended and restated as follows: (a) Base Rent (with respect to the Existing Premises but specifically excluding the Fifth Expansion Space) shall be increased on the first day of June of each subsequent year of the Extension Term (as defined in the Fourth Amendment), commencing on June 1, 2007, and continuing on the first day of June thereafter (each an “Existing Premises Adjustment Date”) by multiplying the applicable Base Rent (whether Original Premises Base Rent (as defined in the Fourth Amendment), Third Expansion Space Base Rent (as defined in the Fourth Amendment) or Fourth Expansion Base Rent) payable immediately before such Existing Premises Adjustment Date by the Rent Adjustment Percentage and adding the resulting amount to the applicable Base Rent payable immediately before such Existing Premises Adjustment Date. Such applicable Base Rent, as so adjusted, shall thereafter be due as provided under the Lease; and (b) Base Rent (with respect to the Fifth Expansion Space only) shall be increased on the first day of June of each subsequent year of the Extension Term, commencing on June 1, 2008 and continuing on the first day of June thereafter (each a “Fifth Expansion Space Adjustment Date,” and together with the Existing Premises Adjustment Date, hereinafter collectively the “Adjustment Date”) by multiplying the Fifth Expansion Base Rent payable immediately before such Fifth Expansion Space Adjustment Date by the Rent Adjustment Percentage and adding the resulting amount to the Fifth Expansion Space Base Rent payable immediately before such Fifth Expansion Space Adjustment Date. The Fifth Expansion Base Rent, as so adjusted, shall thereafter be due as provided under the Lease.

Base Rent Adjustments. Effective as of the date hereof, Section 4 of the Lease entitled “Base Rent Adjustments” is hereby amended and restated as follows: (a) Base Rent (with respect to the Existing Premises but specifically excluding the Fifth Expansion Space) shall be increased on each annual anniversary of the Rent Commencement Date (provided, however, that if the Rent Commencement Date occurs on a day other than the first day of June a calendar month, then Base Rent shall be increased on each annual anniversary of each subsequent year of the Extension Term (as defined in the Fourth Amendment), commencing on June 1, 2007, and continuing on the first day of June thereafter the first full calendar month immediately following the Rent Commencement Date) (each an “Existing Premises Adjustment Date”) by multiplying the applicable Base Rent (whether Original Premises Base Rent (as defined in the Fourth Amendment), Third Expansion Space Base Rent (as defined in the Fourth Amendment) or Fourth Expansion Base Rent) payable immediately before such Existing Premises Adjustment Date by the Rent Adjustment Percentage and adding the resulting amount to the applicable Base Rent payable immediately before such Existing Premises Adjustment Date. Such applicable Base Rent, as so adjusted, shall thereafter be due as provided under the Lease; andherein. Base Rent adjustments for any fractional calendar month shall be prorated. (b) Base Rent (with respect In addition to the Fifth Expansion Space only) shall be increased Tenant Improvement Allowance (as defined in the Work Letter), Landlord shall, subject to the terms of the Work Letter, make available to Tenant the Additional Tenant Improvement Allowance (as defined in the Work Letter). Commencing on the Rent Commencement Date and continuing thereafter on the first day of June of each subsequent year month during the Base Term, Tenant shall pay the amount necessary to fully amortize the portion of the Extension Additional Tenant Improvement Allowance elected to be used by Tenant and actually funded by Landlord, if any, in equal monthly payments with interest at a rate of 8% per annum over the Base Term, commencing on June 1, 2008 and continuing which interest shall begin to accrue on the date that Landlord first day disburses such Additional Tenant Improvement Allowance or any portion(s) thereof (“TI Rent”). Any TI Rent remaining unpaid as of June thereafter (each the expiration or earlier termination of this Lease shall be paid to Landlord in a “Fifth Expansion Space Adjustment Date,” and together with lump sum at the Existing Premises Adjustment Date, hereinafter collectively expiration or earlier termination of this Lease. Tenant shall have no obligation to accept the “Adjustment Date”) by multiplying the Fifth Expansion Base Rent payable immediately before such Fifth Expansion Space Adjustment Date by the Rent Adjustment Percentage and adding the resulting amount to the Fifth Expansion Space Base Rent payable immediately before such Fifth Expansion Space Adjustment Date. The Fifth Expansion Base Rent, as so adjusted, shall thereafter be due as provided under the LeaseAdditional Tenant Improvement Allowance.

Base Rent Adjustments. Effective as of the date hereof, Section 4 of the Lease entitled “Base Rent Adjustments” is hereby amended and restated as follows: (a) Base Rent (with respect to the Existing Premises but specifically excluding the Fifth Expansion Space) shall be increased on the first day of June of each subsequent year of the Extension Term (as defined in the Fourth Amendment), commencing Beginning on June 1, 20072003, and continuing on each anniversary of such date during the first day term of this Sublease (June thereafter (1, 2003, and each such anniversary being an “Existing Premises "Adjustment Date”"), the Base Rent applicable immediately prior to the Adjustment Date shall be increased by the greater of three percent (3%) or the percentage increase, if any, shown by multiplying the Consumer Price Index for all Urban Consumers, All Items (base year 1982-1984 = 100) for Los Angeles-Riverside-Orange County, California ("Index") published by the United States Department of Labor, Bureau of Labor Statistics, for the month immediately preceding the Adjustment Date as compared with the Index for the month immediately preceding June 1, 2002. Sublessor shall calculate the amount of this increase in Base Rent after the United States Department of Labor, Bureau of Labor Statistics, publishes the statistics on which the amount of the increase will be based. If the increase in Base Rent so derived for an Adjustment Date exceeds five percent (5%), then the applicable increase for that Adjustment Date shall be five percent (5%). Sublessor shall give written notice of the amount of the increase, multiplied by the number of installments of Base Rent (whether Original Premises Base Rent (as defined in due under the Fourth Amendment), Third Expansion Space Base Rent (as defined in Sublease since the Fourth Amendment) or Fourth Expansion Base Rent) payable immediately before such Existing Premises Adjustment Date by the Rent Adjustment Percentage and adding the resulting amount to the applicable Base Rent payable immediately before such Existing Premises Adjustment Date. Such applicable Sublessee shall pay this amount, together with the increased monthly Base Rent next coming due under the Sublease, and shall thereafter pay the monthly Base Rate due under the Sublease at the increased rate, which will constitute Base Rent, as so adjusted, shall thereafter be due as provided under the Lease; and (b) until Base Rent (with respect is again increased pursuant to this provision. Sublessor's failure to make the Fifth Expansion Space only) required calculations promptly shall not be considered a breach or default of Sublessor under this Sublease or waiver of Sublessor's right to increase Base Rent, nor shall it affect Sublessee's obligation to pay increased on Base Rent. If the first day of June of each subsequent Index is changed so that the base year of the Extension Term, commencing differs from that in effect on June 1, 2008 2002, then the Index shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the Index is discontinued or revised during the term of this Sublease, the governmental index or computation with which it is replaced shall be used to obtain substantially the same result as if the Index had not been discontinued or revised. As a concession to Sublessee and continuing on only if Sublessee does not become in default under this Sublease, Sublessor grants to Sublessee a total credit against Base Rent of Twenty-Nine Thousand Eight Hundred Twelve Dollars and Fifty Cents ($29,812.50) to be applied against the first day five (5) calendar months of June thereafter the term of this Sublease as follows: the amount of Six Thousand Six Hundred Twenty-Five Dollars ($6,625.00) will be credited toward each a “Fifth Expansion Space Adjustment Date,” of calendar months June, July, August and together with September, 2002, such that the Existing Premises Adjustment Date, hereinafter collectively the “Adjustment Date”) by multiplying the Fifth Expansion installment of Base Rent payable immediately before by Sublessee for each such Fifth Expansion Space Adjustment Date by calendar month will be equal to Six Thousand Six Hundred Twenty-Five Dollars ($6,625.00); the Rent Adjustment Percentage amount of Three Thousand Three Hundred Twelve Dollars and adding Fifty Cents ($3,312.50) will be credited toward calendar month October, 2002, such that the resulting amount to the Fifth Expansion Space installment of Base Rent payable immediately before by Sublessee for such Fifth Expansion Space Adjustment Date. The Fifth Expansion Base Rent, as so adjusted, shall thereafter be due as provided under the Leasemonth will by Nine Thousand Nine Hundred Thirty-Seven Dollars and Fifty Cents ($9,937.50).

Base Rent Adjustments. Effective as of the date hereof, Section 4 of the Lease entitled “Base Rent Adjustments” is hereby amended and restated as follows: (a) Base Rent (with respect to the Existing Premises but specifically excluding the Fifth Expansion Space) shall be increased on each annual anniversary of the first day of June of each subsequent year of the Extension Term (as defined in the Fourth Amendment), commencing on June 1, 2007, and continuing on the first day full month during the Term of June thereafter this Lease (each an “Existing Premises Adjustment Date”) by multiplying the applicable Base Rent (whether Original Premises Base Rent (as defined in the Fourth Amendment), Third Expansion Space Base Rent (as defined in the Fourth Amendment) or Fourth Expansion Base Rent) payable immediately before such Existing Premises Adjustment Date by the Rent Adjustment Percentage and adding the resulting amount to the applicable Base Rent payable immediately before such Existing Premises Adjustment Date. Such applicable Base Rent, as so adjusted, shall thereafter be due as provided under the Lease; and (b) herein. Base Rent (with respect adjustments for any fractional calendar month or any portion of a calendar year shall be prorated based on the number of days in the respective month or year which fall within the Term. Notwithstanding anything to the Fifth Expansion Space onlycontrary contained in this Lease, but provided Tenant is not in Default hereunder, Landlord hereby grants Tenant an abatement of the Base Rent payable during the period beginning on the Commencement Date and ending three (3) shall be increased months after the Commencement Date (“Base Rent Abatement”). For the avoidance of doubt, if the Commencement Date occurs on the first day of June of each subsequent year of a month, the Extension Term, commencing Base Rent Abatement will be measured from that date. If the Commencement Date occurs on June 1, 2008 and continuing on a day other than the first day of June thereafter (each a “Fifth Expansion Space Adjustment Date,” month, the Base Rent Abatement will be measured from the first day of the following month, and together Base Rent shall be payable on a prorated basis for the portion of the month in which the Commencement Date occurs. Except as provided in the preceding sentences, Tenant shall pay the full amount of Base Rent due in accordance with the Existing Premises Adjustment Dateprovisions of this Lease. The Administrative Rent set forth in Section 3(b) above and the Operating Expenses set forth in Section 5 below shall not be abated and shall be based on the amount of Base Rent Laboratory 000 Xxxx 00xx Xxxxxx, hereinafter collectively XX, XX that would have been payable without regard to the “Adjustment Date”) by multiplying Base Rent Abatement. Notwithstanding anything to the Fifth Expansion contrary in this Section 4, the adjustment in the Base Rent as set forth in this Section 4 shall be based on the full and unabated amount of Base Rent payable immediately before such Fifth Expansion Space Adjustment Date by for the Rent Adjustment Percentage first 12 month period from and adding after the resulting amount to the Fifth Expansion Space Base Rent payable immediately before such Fifth Expansion Space Adjustment Commencement Date. The Fifth Expansion Base Rent, as so adjusted, shall thereafter be due as provided under the Lease.

Base Rent Adjustments. Effective as Base Rent for the Expansion Premises shall be increased: (i) commencing on the date of each disbursement by Landlord of the date hereofTenant Improvement Allowance (as defined in Section 6(c) below), Section 4 by an amount equal to $____ per annum for each dollar or portion thereof disbursed by Landlord for the Tenant Improvements, and (ii) on each annual anniversary of the Lease entitled “Base Rent Adjustments” is hereby amended and restated as follows: (a) Base Rent (with respect to the Existing Premises but specifically excluding the Fifth Expansion Space) shall be increased on the first day of June of each subsequent year of the Extension Term (as defined in the Fourth Amendment), commencing on June 1, 2007, and continuing on the first day full month during the Expansion Term of June thereafter this Second Amendment (each an “Existing Expansion Premises Adjustment Date”) by multiplying the applicable Base Rent (whether Original Premises Base Rent (as defined in the Fourth Amendment), Third Expansion Space Base Rent (as defined in the Fourth Amendment) or Fourth Expansion Base Rent) payable immediately before such Existing Expansion Premises Adjustment Date by the Expansion Premises Rent Adjustment Percentage and adding the resulting amount to the applicable Base Rent payable immediately before such Existing Expansion Premises Adjustment Date. Such applicable Base Rent, as so adjusted, shall thereafter be due as provided under the Lease; and (b) herein. Base Rent adjustments for any fractional calendar month shall be prorated. “Expansion Premises Rent Adjustment Percentage” means (x) 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 Expansion Premises Adjustment Date occurs, and the denominator of which shall be the Index for the calendar month 3 months before the last Expansion Premises Adjustment Date or, if no prior Base Rent adjustment has been made, 3 months before the first day of the first full month during the Expansion Term of this Lease, less (y) 1.00. “Index” means the “Consumer Price Index-All Urban Consumers, Seattle - Tacoma Bremerton, WA 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, axxxx, waive or diminish Tenant’s obligation to pay the adjusted Base Rent. Notwithstanding the foregoing, any increase in the Base Rent based upon the Expansion Premises Rent Adjustment Percentage shall not be less than a minimum of 3%, nor more than a maximum of 6% on an annual basis. During the Base Term, Tenant shall continue to pay the full Base Rent with respect to the Fifth Original Premises as provided for in the Lease. During the Expansion Space onlyTerm, Tenant shall pay, as Additional Rent, the amounts and charges provided in Section 5 and Section 9(a) shall be increased on the first day of June of each subsequent year and (b) of the Extension TermLease with respect to Tenant’s Share of Expenses and Taxes for the Premises (including the Original Premises and the Expansion Premises), commencing on June 1, 2008 and continuing on the first day of June thereafter (each a “Fifth Expansion Space Adjustment Date,” and together with the Existing Premises Adjustment Date, hereinafter collectively the “Adjustment Date”) all other amounts and charges payable by multiplying the Fifth Expansion Base Rent payable immediately before such Fifth Expansion Space Adjustment Date by the Rent Adjustment Percentage and adding the resulting amount Tenant to the Fifth Expansion Space Base Rent payable immediately before such Fifth Expansion Space Adjustment Date. The Fifth Expansion Base Rent, as so adjusted, shall thereafter be due as provided Landlord under the Lease.