Common use of BASE RENTAL ADJUSTMENT Clause in Contracts

BASE RENTAL ADJUSTMENT. The Base Rental payable hereunder ---------------------- shall be adjusted from time to time in accordance with the following provisions: (a) Tenant shall pay Tenant's Proportionate Share (hereinafter defined) of Basic Costs in excess of the Basic Costs for calendar year 1997 ("Excess Basic Costs"). Prior to January 1 of each calendar year during the Lease Term, Landlord shall provide an estimate of Excess Basic Costs for the forthcoming calendar year. Tenant shall pay Base Rental for such forthcoming calendar year adjusted upward by Tenant's Proportionate Share of the amount of such forthcoming year's estimated Excess Basic Costs, or downward if the estimate of Excess of Basic Costs for such forthcoming calendar year is less than the prior year's estimate, but in no event shall Base Rental be less than the amount specified in Paragraph 1. (b) By June 1 of each calendar year during the Lease Term commencing June 1, 1999, or as soon thereafter as possible, Landlord shall furnish to Tenant a statement of Landlord's Basic Costs for the previous calendar year or partial calendar year, if applicable. If actual Basic Costs are greater than Landlord's estimate thereof, a lump sum payment (which payment shall be deemed a payment of rent hereunder for all purposes) will be made from Tenant to Landlord within thirty (30) days of the delivery of such statement equal to Tenant's Proportionate Share of the amount by which actual Excess Basic Costs exceeded Landlord's estimate thereof. If actual Excess Basic Costs are less than Landlord's estimate thereof, Landlord shall promptly after delivery of such statement (but in no event within less than thirty (30) days) make a lump sum payment to Tenant (or at Landlord's option, Landlord may credit such lump sum amount against the rent installment due in the immediately succeeding month) equal to Tenant's Proportionate Share of the amount by which estimated Excess Basic Costs exceeded the actual amount thereof. The effect of this reconciliation payment or credit, as applicable, is that Tenant will pay during the Lease Term Tenant's Proportionate Share of Excess Basic Costs, and no more. (c) All rent attributable to Excess Basic Costs shall be paid by Tenant in the proportion that the Net Rentable Area of the Premises bears to ninety-five percent (95%) of the Net Rentable Area of the Building ("Tenant's Proportionate Share").

BASE RENTAL ADJUSTMENT. The Base Rental payable hereunder ---------------------- set forth In paragraph 1(c) shall be adjusted upward from time to time in accordance with the following provisions: a. The Base Rental is intended to be net of all Basic Costs. Therefore, Lessee shall, during the term of this Lease pay as an adjustment to Base Rental hereunder an amount (aper each square foot of Net Rentable Area within the Premises) Tenant equal to the actual Basic Costs (but not to exceed $5.00 per square foot of Net Rentable Area within the Premises for first year only , incurred by Lessor per square foot of Net Rentable Area in the Building. Lessor shall have the sole discretion of allocating costs to the particular Lessees within the building based on anticipated usage of the services by the Lessee in relation to the other Lessees which utilize the same services. Lessee shall pay Tenant's Proportionate Share (hereinafter defined) as an adjustment to Base Rental all costs incurred regardless of Basic Costs the ratio in excess relationship to the building or to other Lessees. Lessor may collect such additional Base Rental in arrears on a yearly basis. Lessor shall also have the option to make a good faith estimate of the Basic Costs to be incurred for each upcoming calendar year 1997 and upon thirty ("Excess 30) days written notice to Lessee, Lessor may require the monthly payment of Base Rental adjusted In accordance with any increase in Basic Costs"). Prior to January Costs incurred during the calendar year. b. By April 1 of each calendar year during the Lease Term, Landlord shall provide an estimate of Excess Basic Costs for the forthcoming calendar year. Tenant shall pay Base Rental for such forthcoming calendar year adjusted upward by TenantLessee's Proportionate Share of the amount of such forthcoming year's estimated Excess Basic Costs, or downward if the estimate of Excess of Basic Costs for such forthcoming calendar year is less than the prior year's estimate, but in no event shall Base Rental be less than the amount specified in Paragraph 1. (b) By June 1 of each calendar year during the Lease Term commencing June 1, 1999occupancy, or as soon thereafter as possiblepractical, Landlord Lessor shall furnish make available to Tenant Lessee a statement of LandlordLessor's actual Basic Costs for the previous calendar year or partial calendar year, if applicable. If actual Basic Costs are greater than Landlordfor any calendar year additional Base Rental collected for the prior year as a result of Lessor's estimate thereof, a lump sum payment (which payment shall be deemed a payment of rent hereunder for all purposes) will be made from Tenant to Landlord within thirty (30) days of the delivery of such statement equal to Tenant's Proportionate Share of the amount by which actual Excess Basic Costs exceeded Landlord's estimate thereof. If actual Excess Basic Costs are less than Landlord's estimate thereof, Landlord shall promptly after delivery of such statement (but in no event within less than thirty (30) days) make a lump sum payment to Tenant (or at Landlord's option, Landlord may credit such lump sum amount against the rent installment due in the immediately succeeding month) equal to Tenant's Proportionate Share of the amount by which estimated Excess Basic Costs exceeded the actual amount thereof. The effect of this reconciliation payment or credit, as applicable, is that Tenant will pay during the Lease Term Tenant's Proportionate Share of Excess Basic Costs, and no more. (c) All rent attributable to Excess Basic Costs shall be paid by Tenant in the proportion that the Net Rentable Area is an excess of the Premises bears additional Base Rental actually due during such prior year, then Lessor shall refund to ninety-five percent Lessee any overpayment (95%) of or as Lessors option, apply such amount against rentals due hereunder). Likewise, Lessee shall pay to Lessor, on demand, any underpayment with respect to the Net Rentable Area of the Building ("Tenant's Proportionate Share")prior year.

BASE RENTAL ADJUSTMENT. The Base Rental payable hereunder ---------------------- shall be adjusted from time to time in accordance with the following provisions: (a) Tenant shall pay Tenant's Proportionate Share (hereinafter defined) a. The Base Rental includes a component allocable to Operating Costs per month equal to 1996 Base Year per square foot of Basic Net Rentable Area in the Building. This amount is an estimate of Operating Costs per month as if the Building were in excess operation on the date of the Basic Costs for calendar year 1997 ("Excess Basic Costs"). this Lease. b. Prior to each January 1 of each calendar year during the Lease Term, or as soon thereafter as possible, Landlord shall provide an estimate of Excess Basic Operating Costs per month for the forthcoming calendar year. Tenant shall pay If this estimate exceeds the original 1996 Base Year per square foot of Net Rentable Area in the Building, then the Base Rental for each such calendar month during the forthcoming calendar year shall be adjusted upward by Tenant's Proportionate Share an amount equal to the product of such excess times the Net Rentable Area of the amount of such forthcoming year's estimated Excess Basic Costs, or downward if the estimate of Excess of Basic Costs for such forthcoming calendar year is less than the prior year's estimate, but in no event shall Base Rental be less than the amount specified in Paragraph 1Demised Premises. (b) By c. On or before June 1 of each calendar year during the Lease Term commencing and on or before the next succeeding first day of June 1, 1999after the expiration of the Lease Term, or as soon thereafter as possible, Landlord shall furnish to Tenant a statement of Landlord's Basic Operating Costs for the previous calendar year and reconciliation payments or partial calendar yeara credit, if applicable. any, shall be made as follows: i. If the actual Basic Operating Costs are greater than Landlord's estimate thereofper square foot of the Net Rentable Area of the Building exceed the estimated Operating Costs per square foot of the Net Rentable Area of the Building for the previous calendar year or the original 1996 Base Year per square foot estimate, whichever is greater, Tenant shall pay Landlord a lump sum payment (which payment shall be deemed a payment of rent hereunder for all purposes) will be made from Tenant to Landlord payment, within thirty (30) days of the delivery of such statement Landlord's statement, equal to Tenant's Proportionate Share the product of such excess times the Net Rentable Area of the amount by which actual Excess Basic Costs exceeded Landlord's estimate thereofDemised Premises; or ii. If the estimated Operating Costs per square foot of Net Rentable Area of the Building for the previous calendar year exceed the actual Excess Basic Operating Costs are less than Landlord's estimate thereofper square foot of Net Rentable Area of the Building for the previous calendar year or the original 1996 Base Year per square foot estimate, whichever is greater, Landlord shall promptly after delivery either credit against the next succeeding installments of such statement (but in no event the Base Rental or other sums due hereunder or within less than thirty (30) days) make a lump sum payment to Tenant (or at days of the delivery of Landlord's optionstatement, Landlord may credit such lump sum pay Tenant an amount against the rent installment due in the immediately succeeding month) equal to Tenant's Proportionate Share the product of such excess times the Net Rentable Area of the amount by which estimated Excess Basic Costs exceeded the actual amount thereofDemised Premises. The effect of this reconciliation payment or credit, as applicable, credit is that Tenant will pay during the Lease Term Tenant's Proportionate Share its share of Excess Basic Costs, Operating Costs increases over the original 1996 Base Year per square foot estimate and no more. (cd. Notwithstanding any other provision herein to the contrary, if fewer than 95% of the total rentable square feet in the Building is occupied by tenant(s) All rent attributable or Landlord is not supplying services to Excess Basic Costs 95% of the total rentable square feet in the Building at any time during any such calendar year, Operating Expenses for such calendar year shall be paid determined to be an amount equal to the expense that would normally be expected to be incurred had such occupancy been 95% of the Building's total square feet of rentable area and had Landlord been supplying services to 95% of the Building's total square feet of rentable area throughout such calendar year. e. In no event shall Tenant's pro rata share of the excess (excluding taxes, insurance, and utilities) in any Calendar Year increase by Tenant more than eight percent (8%) over Tenant's pro rata share of actual operating expenses (excluding taxes, insurance, and utilities) in the proportion that previous Calendar Year. f. If the Net Rentable Area Lease Term has commenced, terminated or expired on any day other than the first day of a calendar year, the Premises bears calculations with respect to ninety-five percent the reconciliation payment or credit described in (95%d) above shall be prorated accordingly. The obligation of Landlord to Tenant makes such reconciliation payment or credit shall survive the Net Rentable Area termination or expiration of the Building ("Tenant's Proportionate Share")this Lease.

BASE RENTAL ADJUSTMENT. 24.1 The Base Rental payable hereunder ---------------------- shall be further adjusted upward from time to time in accordance with the following provisionsprovision: (a) Tenant shall during the term of this Lease pay Tenant's Proportionate Share as an adjustment to the Base Rental hereunder an amount (hereinafter definedper each square foot of Net Rentable Area within the Premises) equal to the excess ("Excess") of the then current year's actual Basic Costs per square foot of Net Rentable Area in excess of the Basic Costs for Building over the Base Year which will be defined as January 1st through December 31, 1997. No pass thrus on expenses will go into effect until January 1, 1998. Landlord may collect such additional Base Rental in arrears on a yearly basis. Notwithstanding any language in the Lease seemingly to the contrary, if the Building is not fully occupied during any calendar year 1997 ("Excess Basic Costs"). Prior to January 1 of each calendar year during the Lease Term, actual Basic Costs and the Excess shall be determined as if the Building had been fully occupied during such year. Landlord shall provide also have the option to make a good faith estimate of the Excess for each upcoming calendar year and upon thirty (30) days written notice to Tenant may require the monthly payment of Base Rental adjusted in accordance with such estimate. Any amounts paid based on such an estimate of Excess shall be subject to adjustment pursuant to Paragraph 24.1(b) when actual Basic Costs are available for the forthcoming such calendar year. Tenant shall pay Base Rental for such forthcoming calendar year adjusted upward by Tenant's Proportionate Share of the amount of such forthcoming year's estimated Excess Basic Costs, or downward if the estimate of Excess of Basic Costs for such forthcoming calendar year is less than the prior year's estimate, but in no event shall Base Rental be less than the amount specified in Paragraph 1. (b) By June 1 of each calendar year during the Lease Term commencing June 1, 1999, or as soon thereafter as possible, Landlord shall furnish to Tenant a statement of Landlord's actual Basic Costs for the previous calendar year. If, for any calendar year or partial calendar additional Base Rental collected for the prior year, if applicable. If actual Basic Costs are greater than as a result of Landlord's estimate thereofof Basis Costs, a lump sum payment (which payment shall be deemed a payment of rent hereunder for all purposes) will be made from Tenant to Landlord within thirty (30) days is in excess of the delivery of additional Base Rental actually due during such statement equal to Tenant's Proportionate Share of the amount by which actual Excess Basic Costs exceeded Landlord's estimate thereof. If actual Excess Basic Costs are less than Landlord's estimate thereofprior year, then Landlord shall promptly after delivery of such statement (but in no event within less than thirty (30) days) make a lump sum payment refund to Tenant any overpayment (or at Landlord's option, Landlord may credit apply such lump sum amount against rent due or to become due hereunder). Likewise, Tenant shall pay to Landlord on demand, any underpayment with respect to the rent installment due in the immediately succeeding month) equal to Tenant's Proportionate Share of the amount by which estimated Excess Basic Costs exceeded the actual amount thereof. The effect of this reconciliation payment or credit, as applicable, is that Tenant will pay during the Lease Term Tenant's Proportionate Share of Excess Basic Costs, and no moreprior year. (c) All rent attributable Tenant, at its expense, shall have the right no more frequently than once per calendar year, following prior written notice to Excess Landlord, to audit Landlord's books and records relating to Basic Costs shall be paid Costs; or at Landlord's sole discretion, Landlord will provide such audit in accordance with general standard principles of sound management and accounting. (d) Failure of Landlord to furnish a statement of actual Operating Expenses or to give notice of an adjustment to Base Rental under this Paragraph 24 by Tenant in the proportion that the Net Rentable Area March 31 of the Premises bears following year in a timely manner shall not prejudice or act as a waiver of Landlord's right to ninety-five percent (95%) of furnish such statements or give such notice at a subsequent time or to collect any adjustments to the Net Rentable Area of the Building ("Tenant's Proportionate Share")Base Rental or any preceding period.

BASE RENTAL ADJUSTMENT. The amount of the Base Rental payable hereunder ---------------------- shall be adjusted from time to time in accordance with the following provisions: (a) Tenant shall pay Tenant's Proportionate Share (hereinafter defined) increased as of Basic Costs in excess of the Basic Costs for calendar year 1997 ("Excess Basic Costs"). Prior to January 1 of each calendar year during of the Lease TermTerm to equal the initial Base Rental stated in Section 1. l(g) plus an amount equal to the product obtained by multiplying (i) such initial Base Rental amount stated in Section 1. 1(g) by (ii) the Percentage Increase determined as of the date of adjustment; provided, however, that Base Rental (as previously adjusted) shall never decrease by virtue of this Subsection. Landlord shall provide an estimate notify Tenant in writing of Excess Basic Costs the new annual Base Rental amount and the new monthly installment amount thereof at least three (3) days prior to the date on which the increase in Base Rental becomes effective or, if Landlord is not reasonably able to determine such amounts by such time, promptly following the time when such amounts can reasonably be determined. Tenant covenants and agrees to pay to Landlord the adjusted Base Rental in equal monthly installments on the first day of each and every month for the forthcoming pertinent calendar yearyear after notification of the adjusted Base Rental from Landlord. Failure or inability of Landlord to notify Tenant prior to the pertinent January 1 adjustment date, however, shall not affect Tenant's obligation to pay Base Rental as adjusted for such forthcoming each and every month of the relevant calendar year adjusted upward by Tenant's Proportionate Share and, if Tenant has not been notified of the amount adjusted amounts of such forthcoming year's estimated Excess Basic Costs, or downward if Base RentaI prior to January 1 of the estimate of Excess of Basic Costs for such forthcoming calendar year is less than the prior year's estimatein question, but in no event Tenant shall continue to pay Base Rental be less than at the amount specified rate in Paragraph 1. effect prior to the date of adjustment until notified of the new amounts, after which time Tenant shall (bx) By June 1 make further payments of each calendar year during the Lease Term commencing June 1, 1999, or Base Rental thereafter arising as soon thereafter as possible, so adjusted and (y) pay to Landlord shall furnish to Tenant a statement of Landlord's Basic Costs for the previous calendar year or partial calendar year, if applicable. If actual Basic Costs are greater than Landlord's estimate thereof, in a lump sum payment (which payment shall be deemed a payment any difference arising with respect to Base Rental payments made by Tenant for the calendar year in question prior to the date of rent hereunder for all purposes) will be made from Tenant to Landlord within thirty (30) days of the delivery Tenant's receipt of such statement equal to Tenant's Proportionate Share of the amount by which actual Excess Basic Costs exceeded Landlord's estimate thereofnotice. If actual Excess Basic Costs are less than Landlord's estimate thereof, Landlord shall promptly after delivery of such statement (but in no event within less than thirty (30) days) make a lump sum payment to Tenant (or at Landlord's option, Landlord may credit such lump sum amount against the rent installment due in the immediately succeeding month) equal to Tenant's Proportionate Share of the amount by which estimated Excess Basic Costs exceeded the actual amount thereof. The effect of this reconciliation payment or credit, as applicable, is that Tenant will pay during the Lease Term Tenant's Proportionate Share of Excess Basic Costs, and no moreSEE SPECIAL STIPULATION NO. (c) All rent attributable to Excess Basic Costs shall be paid by Tenant in the proportion that the Net Rentable Area of the Premises bears to ninety-five percent (95%) of the Net Rentable Area of the Building ("Tenant's Proportionate Share").

BASE RENTAL ADJUSTMENT. 24.1 The Base Rental payable hereunder ---------------------- shall be further adjusted upward from time to time in accordance with the following provisionsprovision: (a) Tenant shall during the term of this Lease pay Tenant's Proportionate Share as an adjustment to the Base Rental hereunder an amount (hereinafter definedper each square foot of Net Rentable Area within the Premises) equal to the excess (“Excess”) of the then current year’s actual Basic Costs per square foot of Net Rentable Area in excess of the Basic Costs for Building over the Base Year which will be defined as January 1st through December 31, 1997. No pass thrus on expenses will go into effect until January 1, 1998. Landlord may collect such additional Base Rental in arrears on a yearly basis. Notwithstanding any language in the Lease seemingly to the contrary, if the Building is not fully occupied during any calendar year 1997 ("Excess Basic Costs"). Prior to January 1 of each calendar year during the Lease Term, actual Basic Costs and the Excess shall be determined as if the Building had been fully occupied during such year. Landlord shall provide also have the option to make a good faith estimate of the Excess for each upcoming calendar year and upon thirty (30) days written notice to Tenant may require the monthly payment of Base Rental adjusted in accordance with such estimate. Any amounts paid based on such an estimate of Excess shall be subject to adjustment pursuant to Paragraph 24.1(b) when actual Basic Costs are available for the forthcoming such calendar year. Tenant shall pay Base Rental for such forthcoming calendar year adjusted upward by Tenant's Proportionate Share of the amount of such forthcoming year's estimated Excess Basic Costs, or downward if the estimate of Excess of Basic Costs for such forthcoming calendar year is less than the prior year's estimate, but in no event shall Base Rental be less than the amount specified in Paragraph 1. (b) By June 1 of each calendar year during the Lease Term commencing June 1, 1999, or as soon thereafter as possible, Landlord shall furnish to Tenant a statement of Landlord's ’s actual Basic Costs for the previous calendar year. If, for any calendar year or partial calendar additional Base Rental collected for the prior year, if applicable. If actual Basic Costs are greater than as a result of Landlord's ’s estimate thereofof Basis Costs, a lump sum payment (which payment shall be deemed a payment of rent hereunder for all purposes) will be made from Tenant to Landlord within thirty (30) days is in excess of the delivery of additional Base Rental actually due during such statement equal to Tenant's Proportionate Share of the amount by which actual Excess Basic Costs exceeded Landlord's estimate thereof. If actual Excess Basic Costs are less than Landlord's estimate thereofprior year, then Landlord shall promptly after delivery of such statement (but in no event within less than thirty (30) days) make a lump sum payment refund to Tenant any overpayment (or at Landlord's ’s option, Landlord may credit apply such lump sum amount against rent due or to become due hereunder). Likewise, Tenant shall pay to Landlord on demand, any underpayment with respect to the rent installment due in the immediately succeeding month) equal to Tenant's Proportionate Share of the amount by which estimated Excess Basic Costs exceeded the actual amount thereof. The effect of this reconciliation payment or credit, as applicable, is that Tenant will pay during the Lease Term Tenant's Proportionate Share of Excess Basic Costs, and no moreprior year. (c) All rent attributable Tenant, at its expense, shall have the right no more frequently than once per calendar year, following prior written notice to Excess Landlord, to audit Landlord’s books and records relating to Basic Costs shall be paid Costs; or at Landlord’s sole discretion, Landlord will provide such audit in accordance with general standard principles of sound management and accounting. (d) Failure of Landlord to furnish a statement of actual Operating Expenses or to give notice of an adjustment to Base Rental under this Paragraph 24 by Tenant in the proportion that the Net Rentable Area March 31 of the Premises bears following year in a timely manner shall not prejudice or act as a waiver of Landlord’s right to ninety-five percent (95%) of furnish such statements or give such notice at a subsequent time or to collect any adjustments to the Net Rentable Area of the Building ("Tenant's Proportionate Share")Base Rental or any preceding period.