Common use of Basic Cost Increase Adjustment Clause in Contracts

Basic Cost Increase Adjustment. The Base Rental payable hereunder shall be adjusted from time to time in accordance with the following provisions: (a) The Building contains 324,668 square feet of Net Rentable Area in aggregate. Tenant's Base Rental is based, in part, upon the estimate that annual Basic Costs will be equal to $7.75 per square foot of Net Rentable Area in the Building (such estimate being hereinafter referred to as the "Expense Stop"). Tenant shall, when Landlord so requires during the term of this lease, pay as an adjustment to Base Rental hereunder, regardless of rental abatement, an amount (per each square foot of Net Rentable Area within the Premises, including those portions of Common Areas allocated to the Premises from time to time) equal to the excess ("Excess") from time to time of actual Basic Costs per square foot of Net Rentable Area in the Building over the amount of the Expense Stop. Landlord may collect such additional Base Rental in arrears. Landlord shall also have the option to make a good faith estimate of the Excess for each upcoming calendar year and may require the monthly payment of Base Rental adjusted in accordance with such estimate. Any amounts paid based on such an estimate shall be subject to adjustments pursuant to Paragraph 1(b) of this Exhibit "D" when actual Basic Costs are available for each calendar year. (b) Tenant at its' expense shall have the right no more frequently than once per calendar year, following prior written notice to Landlord, to audit through an independent certified public accountant reasonably acceptable to Landlord, at Tenant's sole expense, Landlord's books and records relating to Basic Costs during the year preceding such audit. In the event such an audit demonstrates additional Base Rental collected for such preceding year to be higher or lower than the amount of additional rental paid pursuant to 1(a) above, then Landlord shall refund any overpayment or Tenant shall pay any deficiency within ten (10) days of such determination. --------------------- (1) Notwithstanding the foregoing, the amount of any excess payable by Tenant relating to Basic Costs other than property taxes and assessments and utility costs shall not in any event increase by greater than six percent (6%) per year.

Basic Cost Increase Adjustment. The Base Rental payable hereunder shall be adjusted upward from time to time in accordance with the following provisions: (a) The Building contains 324,668 126,031 square feet of Net Rentable Area in the aggregate. Tenant's ’s Base Rental is based, in part, upon the estimate premise that annual Basic Costs will be equal to $7.75 per square foot of Net Rentable Area in the Building Basic Costs for calendar year 2005 (such estimate being hereinafter referred to as the "Expense Stop"“Basic Costs Base Year”). Tenant shall, when Landlord so requires requires, during the term of this lease, Lease pay as an adjustment to Base Rental hereunder, regardless of rental abatement, hereunder an amount (per each square foot of Net Rentable Area within the Premises, including those portions of Common Areas allocated to the Premises from time to time) equal to the excess ("“Excess"”) from time to time of actual Basic Costs (on a per square foot of Net Rentable Area in the Building basis) for such year over the amount of Basic Costs for the Expense StopBasic Costs Base Year. The Landlord estimates the Basic Costs for the Basic Costs Base Year to be $7.55 per square foot. Landlord may collect such additional Base Rental in arrearsarrears on a yearly basis. Landlord shall 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 shall be subject to adjustments pursuant to Paragraph 1(b) of this Exhibit "D" adjustment when actual Basic Costs are available for each calendar year. (b) Tenant at its' expense shall have the right no more frequently than once per calendar year, following prior written notice to Landlord, to audit through an independent certified public accountant reasonably acceptable to Landlord, at Tenant's sole expense, Landlord's ’s books and records relating to Basic Costs during the year preceding such audit. In the event such an audit demonstrates that additional Base Rental collected for such preceding year to be higher or lower than the amount of additional rental paid actually due pursuant to 1(a6(a) above, then Landlord shall refund any overpayment over-payment or Tenant shall pay make good any deficiency under-payment within ten (10) days of such determination. --------------------- Tenant shall bear the costs of such audit unless said over-payment or under-payment exceeds five percent (15%) Notwithstanding the foregoing, of the amount of additional rental actually due pursuant to Paragraph 6(a) above, in which case Landlord shall bear the costs of the audit. Solely with respect to any excess payable by Tenant controversy or claim arising out of or relating to the audit and any over-payment or under-payment shall be settled by arbitration in accordance with the rules of the American Arbitration Association (the (“AAA”) by a sole arbitrator. The arbitration shall be governed by the rules of the AAA, and judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The costs of the arbitration shall be paid by the losing party. (c) Xxxxxxxx agrees that it will not make adjustments to reconciliation statement for the Basic Costs other than property taxes and assessments and utility costs shall not in any event increase by greater than six percent (6%) per for a given calendar year after December 31 of such calendar year.

Basic Cost Increase Adjustment. The Base Rental payable hereunder shall be adjusted upward from time to time in accordance with the following provisions: (a) The Building contains 324,668 approximately 87,864 square feet of Net Rentable Area in aggregate. Tenant's ’s Base Rental is based, in part, upon the estimate that annual during each calendar year of the Lease Term, Basic Costs will be equal to $7.75 2004 actual costs per square foot of Net Rentable Area in the Building (such estimate being hereinafter hereafter referred to as the "“Expense Stop"”). Tenant shall, when Landlord so requires requires, during the term of this lease, Lease Term pay as an adjustment to Base Rental hereunder, regardless of rental abatement, hereunder in an amount equal to the product of (per each square foot of 1) Net Rentable Area within the Premises, including those portions of Common Areas allocated to the Premises from time to timeand (2) equal to the excess ("“Excess"”) from time to time of the actual Basic Costs Cost per square foot of Net Rentable Area in the Building over the amount of the Expense Stop. Landlord may collect such additional Base Rental in arrearsarrears on a yearly basis. Landlord shall 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 adjust the monthly payment of Base Rental adjusted in the then current year in accordance with such estimate. Any amounts paid based on such an estimate shall be subject to adjustments adjustment pursuant to Paragraph 1(b6(b) of this Exhibit "D" when actual Basic Costs are available for each calendar year. (b) Tenant at its' expense Tenant, shall have the right right, no more frequently than once per calendar year, following prior written notice to Landlord, to audit through an independent certified public accountant reasonably acceptable to Landlordaudit, at Tenant's ’s sole expense, Landlord's ’s books and records relating to Basic Costs incurred during the year preceding such audit. In the event such an audit demonstrates that additional Base Rental collected for such preceding year and attributable to any Excess to be higher or lower than the amount of additional rental paid actually due pursuant to 1(a6(a) above, then Landlord shall refund any overpayment over-payment or Tenant shall pay make good any deficiency under-payment within ten (10) days of such determination. --------------------- (1) Notwithstanding the foregoing, the amount of any excess payable by Tenant relating to Basic Costs other than property taxes and assessments and utility costs shall not in any event increase by greater than six percent (6%) per year.