Common use of Calculation of Rent Clause in Contracts

Calculation of Rent. Fair Rental Value Adjustment ---------------------------- The Base Rent shall be increased on the first day of the Extension to the "Fair Rental Value of the Premises" (as defined below), determined in the following manner: a. Landlord and Tenant shall endeavor in good faith upon Tenant's exercise of the Option to agree upon the Fair Rental Value of the Premises. If Landlord and Tenant have not been able to agree on the Fair Rental Value of the Premises within 30 days after Tenant's exercise of the Option, the Base Rent for the Extension shall be determined as follows: within 45 days following the exercise of the Option, Landlord and Tenant shall endeavor in good faith to agree upon a single appraiser. If Landlord and Tenant are unable to agree upon a single appraiser within said 45 day period, each shall then, by written notice to the other, within ten days after said 45 day period, appoint one appraiser. Within ten days after the two appraisers are appointed, the two appointed appraisers shall appoint a third appraiser. If either Landlord or Tenant fails to appoint its respective appraiser within the prescribed time period, the single appraiser appointed shall determine the fair rental value of the property. If the two appointed appraisers fail to agree on the third appraiser, he or she shall be appointed by the then president of the Houston Board of Realtors. Each party shall bear the cost of the appraiser appointed by it, and the parties shall share equally the cost of the third appraiser. b. The term "Fair Rental Value of the Premises" shall mean the rent that a ready and willing tenant would pay, at the time of the commencement of the Extension, as monthly Base Rent to a ready and willing lessor of property comparable to the Premises, if such property were exposed for lease on the open market for a reasonable period of time, and taking into account all of the purposes for which such property may be used, and not just the use proposed to be made of the property by Tenant. The Fair Rental Value of the Premises shall be the average of the two of the three appraisals which are closest in amount, and the third appraisal shall be disregarded. In no event shall the Base Rent be reduced by reason of such computation. If the Fair Rental Value of the Premises is not determined prior to the commencement of the Extension, then Tenant shall continue to pay to Landlord the Base Rent applicable to the Premises immediately prior to the Extension, until the Fair Rental Value of the Premises is determined, and when it is determined, Tenant shall pay to Landlord within ten days after receipt of written notice the difference between the Base Rent actually paid by Tenant to Landlord and the new Base Rent determined under this provision.

Calculation of Rent. Fair Rental Value Adjustment ---------------------------- The base rent during the Extension(s) shall be: Tenant and Landlord acknowledge and agree that Base Rent during the Extension shall be increased on the first day greater of the Extension to the "Fair Rental Value of the Premises" (as defined below), determined in the following manner: a. Landlord and Tenant shall endeavor in good faith upon Tenant's exercise of the Option to agree upon the Fair Rental Value of the Premises. If Landlord and Tenant have not been able to agree on the Fair Rental Value of the Premises within 30 days after Tenant's exercise of the Option, i) _______ percent over the Base Rent for the Extension previous Lease Year, or (ii) the increase, if any, in the cost of living over the preceding year as calculated herein (the “CPI Increase”) multiplied by the Base Rent for the previous Lease Year. The basis for computing the CPI Increase shall be determined as follows: within 45 days following the exercise unadjusted Consumer Price Index for all Urban Consumers, All Items (1982-84 = 100) published by the Bureau of Labor Statistics of the OptionUnited States Department of Labor (the “Index”). The Index for the calendar month immediately preceding the month in which the Adjustment Date falls for the prior Calendar Year shall be the “Base Index Number.” The Index for the calendar month immediately preceding the month in which the Adjustment Date falls for the current Calendar Year shall be the “Current Index Number.” The CPI Increase for the Calendar Year commencing on such Adjustment Date shall be a fraction whose numerator is equal to the Current Index Number and whose denominator is equal to the Base Index Number. If the Index is not in existence at the time the determination is to be made, the parties shall use such equivalent price index as is published by a successor government agency in lieu of the Index to calculate the CPI Increase; or, if no such price index is published, then the parties shall use a reasonably acceptable equivalent price index as is published by a non-governmental agency selected by Landlord to calculate the CPI Increase. Landlord’s calculation of Base Rent shall be final absent manifest error. Landlord and Tenant further agree that this Addendum C shall endeavor in good faith be completed to agree upon a single appraiser. If the satisfaction of Landlord and Tenant are unable to agree upon a single appraiser within said 45 day period, each shall then, by written notice and re-attached to the other, within ten days after said 45 day period, appoint one appraiser. Within ten days after the two appraisers are appointed, the two appointed appraisers shall appoint a third appraiser. If either Landlord or Tenant fails to appoint its respective appraiser within the prescribed time period, the single appraiser appointed shall determine the fair rental value of the property. If the two appointed appraisers fail to agree on the third appraiser, he or she shall be appointed by the then president of the Houston Board of Realtors. Each party shall bear the cost of the appraiser appointed by it, and the parties shall share equally the cost of the third appraiser. b. The term "Fair Rental Value of the Premises" shall mean the rent that a ready and willing tenant would pay, Lease at the time the parties finalize the Total Building Costs and enter into the Lease Commencement Certificate. THIS GUARANTY, dated as of __________, 20__ (together with all amendments and supplements hereto, referred to as this “Guaranty”), is from each of the commencement persons described on the list of Guarantors and pro rata shares included in the Extensionlist below (each a “Personal Guarantor”), and Nutex Health, Inc., a Delaware corporation (the “Corporate Guarantor”), but subject to the collection limitations as set forth in paragraph 17 below, as monthly Base Rent to a ready applicable), together with each of its successors and willing lessor assigns, including, without limitation, any entity succeeding thereto by merger, consolidation or acquisition of property comparable to the Premises, if such property were exposed for lease on the open market for a reasonable period of time, and taking into account its assets substantially as an entirety (all of the purposes for which such property may be used, and not just the use proposed to be made of the property by Tenant. The Fair Rental Value of the Premises shall be the average of the two of the three appraisals which are closest in amount, Personal Guarantors and the third appraisal shall be disregarded. In no event shall Corporate Guarantor together, the Base Rent be reduced by reason of such computation. If the Fair Rental Value of the Premises is not determined prior “Guarantor” or “Guarantors”), to the commencement of the Extension__________________, then Tenant shall continue a _______ limited liability company (herein, together with its successors and assigns, referred to pay to Landlord the Base Rent applicable to the Premises immediately prior to the Extension, until the Fair Rental Value of the Premises is determined, and when it is determined, Tenant shall pay to Landlord within ten days after receipt of written notice the difference between the Base Rent actually paid by Tenant to Landlord and the new Base Rent determined under this provisionas “Landlord”).

Calculation of Rent. The Base Rent during the Extension shall be determined by a "Fair Rental Value Adjustment ---------------------------- Value" adjustment as defined below. The Base Rent shall be increased adjusted on the first day of the first year of the Extension (the "Rental Adjustment Date") to the "Fair Rental Value Value" of the Premises" (as defined below)Property, determined in the following manner: a. (a) Not later than one hundred (100) days prior to the Rental Adjustment Date, Landlord and Tenant shall endeavor meet in an effort to negotiate, in good faith upon Tenant's exercise faith, the Fair Rental Value of the Option Property as of such Rental Adjustment Date. If Landlord and Tenant have not agreed upon the Fair Rental Value of the Property at least ninety (90) days prior to the applicable Rental Adjustment Date, the Fair Rental Value shall be determined by appraisal, by one or more appraisers (herein called "Appraiser(s)"), as provided below. Such appraiser(s) shall have at least five (5) years' experience in the appraisal of commercial/industrial real property in the area in which the Property is located and shall be members of professional organizations such as MAI or equivalent. (b) If Landlord and Tenant are not able to agree upon the Fair Rental Value of the Premises. If Landlord and Tenant have not been able to agree on Property within the Fair Rental Value of the Premises within 30 days after Tenant's exercise of the Optionprescribed time period, the Base Rent for the Extension shall be determined as follows: within 45 days following the exercise of the Option, then Landlord and Tenant shall endeavor attempt to agree in good faith to agree upon a single appraiserAppraiser not later than seventy-five (75) days prior to the applicable Rental Adjustment Date. If Landlord and Tenant are unable to agree upon a single appraiser Appraiser within said 45 day such time period, then Landlord and Tenant shall each shall then, by written notice appoint one Appraiser not later than sixty-five (65) days prior to the other, within ten days after said 45 day period, appoint one appraiserapplicable Rental Adjustment Date. Within ten (10) days after the two appraisers are appointedthereafter, the two (2) appointed appraisers Appraisers shall appoint a third appraiser. If either Landlord or Tenant fails to appoint its respective appraiser within the prescribed time period, the single appraiser appointed shall determine the fair rental value of the property. If the two appointed appraisers fail to agree on the third appraiser, he or she shall be appointed by the then president of the Houston Board of Realtors. Each party shall bear the cost of the appraiser appointed by it, and the parties shall share equally the cost of the third appraiser. b. The term "Fair Rental Value of the Premises" shall mean the rent that a ready and willing tenant would pay, at the time of the commencement of the Extension, as monthly Base Rent to a ready and willing lessor of property comparable to the Premises, if such property were exposed for lease on the open market for a reasonable period of time, and taking into account all of the purposes for which such property may be used, and not just the use proposed to be made of the property by Tenant. The Fair Rental Value of the Premises shall be the average of the two of the three appraisals which are closest in amount, and the third appraisal shall be disregarded. In no event shall the Base Rent be reduced by reason of such computation. If the Fair Rental Value of the Premises is not determined prior to the commencement of the Extension, then Tenant shall continue to pay to Landlord the Base Rent applicable to the Premises immediately prior to the Extension, until the Fair Rental Value of the Premises is determined, and when it is determined, Tenant shall pay to Landlord within ten days after receipt of written notice the difference between the Base Rent actually paid by Tenant to Landlord and the new Base Rent determined under this provision.(3rd)

Calculation of Rent. Fair Rental Value Adjustment ---------------------------- 4.1 Calculation of Base Rent under the Lease. Effective on the Rent Commencement Date, annual Base Rent shall equal the product of (x) the Total Project Cost and (y) the Annual Rate of Return. "Annual Rate of Return" means: an annual rate equal to 9.70%, provided that such rate shall be reduced by one basis point for each whole $100,000 by which the amount of $27,000,000.00 exceeds the Total Project Cost, up to a maximum reduction of 20 basis points. For example: if the Total Project Cost is $26,750,000.00, then the Annual Rate of Return shall be reduced by two basis points to 9.68%. The obligation of Tenant to pay Base Rent shall commence on the Rent Commencement Date whether or not the Improvements have been completed and Tenant agrees that the risk of late completion of the Improvements shall be borne by Tenant. If the Total Project Cost has not been determined as of the Rent Commencement Date, Base Rent shall be increased on the first day determined by Landlord based upon Total Project Cost incurred to date plus a reasonable estimate of the Extension remaining amounts to be disbursed by Landlord hereunder. A final calculation of Base Rent shall be made upon Project Close-Out (which Base Rent shall be effective retroactively to the "Fair Rental Value of the Premises" (as defined below), determined in the following manner: a. Landlord Rent Commencement Date) and Tenant shall endeavor in good faith upon Tenant's exercise (i) remit any underpayment to Landlord together with the installment of the Option to agree upon the Fair Rental Value of the Premises. If Landlord and Tenant have not been able to agree on the Fair Rental Value of the Premises within 30 days after Tenant's exercise of the Option, the Base Rent for next due, or (ii) receive a credit against Base Rent next due in the Extension shall be determined as follows: within 45 days following the exercise amount of the Option, Landlord and Tenant shall endeavor in good faith to agree upon a single appraiserany overpayment. If Landlord and Tenant are unable to agree upon a single appraiser within said 45 day period, each shall then, by written notice to the other, within ten days after said 45 day period, appoint one appraiser. Within ten days after the two appraisers are appointed, the two appointed appraisers shall appoint a third appraiser. If either Landlord or Tenant fails to appoint its respective appraiser within the prescribed time period, the single appraiser appointed shall determine the fair rental value of the property. If the two appointed appraisers fail to agree on the third appraiser, he or she shall be appointed by the then president of the Houston Board of Realtors. Each party shall bear the cost of the appraiser appointed by it, and the parties shall share equally the cost of the third appraiser. b. The term "Fair Rental Value of the PremisesTotal Project Cost" shall mean the rent that a ready sum of (A) the purchase price paid by Landlord under the Purchase Contract to purchase the Property (without regard to adjustments or prorations made thereunder), (B) costs incurred by Tenant in connection with design and willing tenant would payconstruction of the Improvements paid or reimbursed by Landlord pursuant to Paragraph 6.1(b) of the Purchase Contract, (C) costs disbursed by Landlord pursuant to this Agreement; (D) real estate taxes and assessments accrued or assessed for the period from and after the Closing Date under the Purchase Contract through the date of commencement of Tenant's obligation to pay real estate taxes under the Lease (whether or not due and payable); (E) any other amounts specifically included in the Total Project Cost under the terms of this Agreement or the Purchase Agreement; (F) Landlord's average cost of coverage for liability insurance during the period ending on Project Close-Out; (G) the Financing Fee; and (H) imputed interest at the time of the commencement of the Extension, as monthly Base Rent to a ready and willing lessor of property comparable to the Premises, if such property were exposed for lease Interest Rate on the open market for a reasonable period of time, Total Project Cost (imputed interest accrues on actual cost as and taking into account all of the purposes for which such property may be used, and not just the use proposed to be made of the property by Tenant. The Fair Rental Value of the Premises shall be the average of the two of the three appraisals which are closest in amount, and the third appraisal shall be disregarded. In no event shall the Base Rent be reduced by reason of such computation. If the Fair Rental Value of the Premises is not determined prior to the commencement of the Extension, then Tenant shall continue to pay to Landlord the Base Rent applicable to the Premises immediately prior to the Extension, until the Fair Rental Value of the Premises is determined, and when it is determined, Tenant shall pay to Landlord within ten days after receipt of written notice the difference between the Base Rent actually paid by Tenant to Landlord and the new Base Rent determined under this provision.when

Calculation of Rent. Fair Rental Value Adjustment ---------------------------- The Base Monthly Rent during each Extension shall be increased on the first day increased, as of the commencement of each Extension (each is called a "Rental Adjustment Date") to ninety-five percent (95%) of the "Fair Rental Value Market Value" of the Premises" (as defined below), determined in the following manner: a. : Not later than one hundred (100) days prior to any applicable Rental Adjustment Date, Landlord and Tenant shall endeavor met in an effort to negotiate, in good faith upon Tenant's exercise of the Option to agree upon faith, the Fair Rental Market Value of the PremisesPremises as of such Rental Adjustment Date. If Landlord and Tenant have not been agreed upon the Fair Market Value of the Premises at least ninety (90) days prior to the (i) If Landlord and Tenant are not able to agree on upon the Fair Rental Market Value of the Premises within 30 days after Tenant's exercise of the Optiontime period described above, the Base Rent for the Extension shall be determined as follows: within 45 days following the exercise of the Option, then Landlord and Tenant shall endeavor attempt to agree in good faith to agree upon a single appraiserappraiser not later than seventy-five (75) days prior to the applicable Rental Adjustment Date. If Landlord and Tenant are unable to agree upon a single appraiser within said 45 day such time period, then Landlord and Tenant shall each shall then, by written notice appoint one appraiser not later than sixty-five (65) days prior to the other, within ten days after said 45 day period, appoint one appraiserapplicable Rental Adjustment Date. Within ten (10) days after the two appraisers are appointedthereafter, the two appointed appraisers shall appoint a third appraiser. If either Landlord or Tenant fails to appoint its respective appraiser within the prescribed time period, the single appraiser appointed shall determine the fair rental value Fair Market Value of the propertyPremises. If the two appointed appraisers both parties fail to agree on appoint appraisers within the third appraiserprescribed time periods, he or she then the first appraiser thereafter selected by a party shall be appointed by determine the then president Fair Market Value of the Houston Board of RealtorsPremises. Each party shall bear the cost of the its own appraiser appointed by it, and the parties shall share equally the cost of the single or third appraiserappraiser if applicable. All appraisers shall have at least five (5) years' experience in the appraisal of commercial/industrial real property in the area in which the Premises are located and shall be members of professional organizations such as MAI or its equivalent. b. The (ii) For the purposes of such appraisal, the term "Fair Rental Value of the PremisesMarket Value" shall mean the rent price that a ready and willing tenant would pay, at the time as of the commencement of the Extensionapplicable Rental Adjustment Date, as monthly Base Rent rent, to a ready and willing lessor landlord of property comparable to the Premises, Premises if such property were exposed for a lease of three (3) years with no options, on the open market for a reasonable period of time, and taking into account all of the purposes for which such property may be used. If a single appraiser is chosen, and not just then such appraiser shall determine the use proposed to be made Fair Market Value of the property by TenantPremises. The Otherwise, the Fair Rental Market Value of the Premises shall be the arithmetic average of the two (2) of the three (3) appraisals which are closest in amount, and the third appraisal shall be disregarded. In no event Landlord and Tenant shall instruct the Base Rent be reduced by reason appraiser(s) to complete their determination of such computationthe Fair Market Value not later than thirty (30) days prior to the applicable Rental Adjustment Date. If the Fair Rental Market Value of the Premises is not determined prior to the commencement of the Extensionapplicable Rental Adjustment Date, then Tenant shall continue to pay to Landlord the Base Monthly Rent applicable to the Premises immediately prior to the Extension, such Rental Adjustment Date until the Fair Rental Market Value is determined. When the Fair Market Value of the Premises is determined, Landlord shall deliver notice thereof to Tenant, and when it is determined, Tenant shall pay to Landlord Landlord, within ten (10) days after receipt of written notice such notice, the difference between the Base Monthly Rent actually paid by Tenant to Landlord and the new Base Monthly Rent determined under hereunder. In no event shall the Monthly Rent be reduced below the Monthly Rent applicable to the Premises immediately prior to the applicable Rental Adjustment Date. IRVINE INDUSTRIAL COMPANY ENVIRONMENTAL QUESTIONNAIRE AND DISCLOSURE STATEMENT The purpose of this provision.form is to obtain Information regarding the use of hazardous substances on Irvine Industrial Company property. Prospective tenants should answer the questions in light of their proposed operations on the promises. Existing tenants should answer the questions as they relate to on-going operations on the promises and should update any Information previously submitted. if additional space Is needed to answer the questions, you may attach separate sheets of paper to this form. Your cooperation in this matter Is appreciated. Any questions should be directed to, and when completed.. the form should be mailed to: Asset Manager The Sammxx Xxxpany 6 Jexxxx Xxxxxx, Xxxxx 000 Attn: Irvixx, Xxxxxxxxxx 00000 Phone: (714) 000-0000

Calculation of Rent. Fair Rental Value Adjustment ---------------------------- The Base Monthly Rent shall be increased on as of the first day commencement of the Extension to Term, shall be the then "Fair Market Rental Value Value" of the Premises" (as defined below), determined in accordance with the following manner: a. Landlord and Tenant shall endeavor in good faith upon Tenant's exercise of the Option to agree upon the procedure described below. Fair Rental Value of the Premises. If Landlord and Tenant have not been able to agree on the Fair Market Rental Value of the Premises shall not include any amounts attributable to any tenant improvement allowance and shall only include real estate commissions or fees to the extent actually required to be paid by Landlord. Landlord shall deliver to Tenant written notice of Landlord's determination of the Fair Market Rental Value within 30 twenty (20) days after Landlord receives notice from Tenant exercising the Option. if Tenant disputes Landlord's determination of the Fair Market Rental Value as contained in Landlord's notice, Tenant shall notify Landlord in writing within ten (10) days of Tenant's exercise receipt of Landlord's determination, and Tenant's notice shall further set forth Tenant's determination of the Option, the Base Rent for the Extension shall be determined as follows: within 45 days following the exercise Fair Market Rental Value. The failure of Tenant to timely deliver to Landlord its determination of the OptionFair Market Rental Value shall conclusively be deemed Tenant's approval of Landlord's determination. Should Tenant timely notify Landlord of Tenant's objection, Landlord and Tenant shall endeavor attempt to resolve their differences within five (5) days following Landlord's receipt of Tenant's objection notice. Should the parties be unable to timely resolve their differences, each party shall, within five (5) days thereafter, each at its own cost and by giving notice to the other party, appoint an M.A.I. appraiser with at least five (5) years full time office and industrial appraisal experience in good faith the area in which the Premises are located to agree upon a single appraiserappraise and set the Fair Market Rental Value. If Landlord and Tenant are unable to agree upon a single party does not appoint an appraiser within said 45 five (5) day period, each shall then, by written notice to the other, within ten days after said 45 day period, appoint one appraiser. Within ten days after the two appraisers are appointed, the two appointed appraisers shall appoint a third appraiser. If either Landlord or Tenant fails to appoint its respective appraiser within the prescribed time period, the single appraiser appointed by the other party shall be the sole appraiser and shall set the Fair Market Rental Value. If an appraiser is appointed by each party, the two (2) appraisers shall meet promptly and attempt to mutually determine the fair rental value of the propertyFair Market Rental Value. If the two appointed (2) appraisers fail are unable to agree upon the Fair Market Rental Value within twenty (20) days, then: (i) if the difference between the two (2) appraisals is less than five percent (5%) (determined as a ratio of the larger appraisal), the appraisals shall be added together and divided by two, the quotient being the Fair Market Rental Value; or (ii) if the difference between the two (2) appraisals is greater than or equal to five percent (5%) (determined as a ratio of the larger appraisal), the appraisers shall select a third appraiser meeting the qualifications stated above within, five (5) days after the last day the two appraisers are given to set the Fair Market Rental Value. If the two appraisers are unable to agree on the third appraiser, he or she shall be appointed by either party may petition the then president Orange County Superior Court for the selection of a third appraiser who meets the Houston Board of Realtorsqualifications stated in this section. Each party shall bear the cost of the appraiser appointed by it, and the parties shall share equally the cost bear one-half (1/2) of the third appraiser. b. The term "Fair Rental Value 's fees and charges. Within twenty (20) days after the selection of the Premises" third appraiser, the three (3) appraisers shall mean independently determine the rent that a ready and willing tenant would pay, at the time Fair Market Rental Value. The average of the commencement of the Extension, as monthly Base Rent two (2) appraisals nearest in value to a ready and willing lessor of property comparable to the Premises, if such property were exposed for lease on the open market for a reasonable period of time, and taking into account all of the purposes for which such property may each other shall conclusively be used, and not just the use proposed deemed to be made of the property by TenantFair Market Rental Value. The Fair Market Rental Value of the Premises shall be determined by taking into account the average highest and best use of the two of the three appraisals which are closest in amount, and the third appraisal shall be disregarded. In no event shall the Base Rent be reduced by reason of such computation. If the Fair Rental Value of the Premises is not determined prior to the commencement of the Extension, then Tenant shall continue to pay to Landlord the Base Rent applicable to the Premises immediately prior to the Extension, until the Fair Rental Value of the Premises is determined, and when it is determined, Tenant shall pay to Landlord within ten days after receipt of written notice the difference between the Base Rent actually paid by Tenant to Landlord and the new Base Rent determined under this provisionPremises.