Common use of Cost of Living Increase Clause in Contracts

Cost of Living Increase. Subject to Section 32 hereof beginning on January 1, 1994 the Rent (not including the portion attributable to taxes and insurance) shall be adjusted annually on January 1st of each year in proportion to the changes in the Consumer Price Index (CPI) published by the Bureau of Labor Statistics, based upon changes in the CPI for over the past calendar year (twelve (12) months) between the date of initial occupancy (2-1-92) and the years of the Lease as set forth above. At the end of the 1992 year of occupancy thereafter, based upon the renewal options, if any, contained herein, a similar adjustment in the then current rent shall be made by comparing the CPI at the beginning of each renewal year with the CPI at the beginning of the first year of occupancy. Such adjusted rentals shall be payable in twelve (12) equal monthly installments during the year hereof, and each renewal year thereafter. The adjustment, if any, shall be calculated upon the basis of the U.S. Consumer Price Index for urban consumers, St. Paul - Xinneapolis area ("Index"), issued by the Bureau of Labor Statistics of the U.S. Department of Labor ("Bureau"), (1967 = 100). The Index for said subgroup published as of the month prior to the commencement date shall be considered the "Base". The monthly Base Rental for the year shall be adjusted by the percentage increase, if any, in the index as of the month prior to the month of commencement over the Base; provided, however, that in no event shall the monthly Base Rental be less than the amount specified in this Lease not withstanding the fact that the Index may, as of some adjustment date, be less than the Base. When the monthly Base Rental for the year is determined, Lessor shall give Lessee written notice to that effect indicating how the new monthly Base Rental figure was computed. If at any rental adjustment date, there shall not exist the Index in the same format as recited in this Section, the parties shall substitute any official index published by the Bureau of Labor Statistics, or successor or similar governmental agency, as may then be in existence and shall be most nearly equivalent thereto. If the parties shall be unable to agree upon a successsor index, the parties shall refer the choice of a successor index to arbitration in accordance with the rules of the American Arbitration Association. The CPI increased shall commence on January 1, 1994 and shall not exceed six (6) percent in any one year.

Cost of Living Increase. Subject to Section 32 hereof beginning on January 1, 1994 Landlord and Tenant mutually agree that for each year after the Rent (not including first year of this lease the portion attributable to taxes and insurance) monthly base rent stated hereinabove shall be adjusted annually on January 1st the basis as provided herein for any increase in the cost of each year in proportion to the changes living as reported in the Consumer Price Index Index, all Items and Major Group Figures for All Urban Consumers (1982-84-100) (CPI-U) (the "Index") published by the Bureau of Labor Statistics, based upon changes in Statistics (the CPI for over the past calendar year (twelve (12"Bureau") months) between the date of initial occupancy (2-1-92) and the years of the Lease as set forth aboveUnited States Department of Labor. At Annually during the end term of the 1992 year of occupancy thereafterlease, based upon the renewal options, if any, contained herein, a similar adjustment in the then current monthly rent shall be made recalculated by comparing the CPI at following mathematical formula: Consumer Price Monthly Base Rent for Ensuing Term = Consumer Price Index Level 3 months prior to commencement date of ensuing year Consumer Price Index Level 3 months prior to commencement date of this lease ´ Base monthly Rent of $1,168.22 If the beginning compilation and/or publication of each renewal the Index shall be transferred to any other department, bureau, or agency of the United States Government, or if the Bureau shall adopt a successor Index, the Index published by such successor department, bureau or agency shall be adopted and used as a standard for computing adjustments to the Base Rent. As soon as possible after publication of all statistics necessary for calculation of the adjusted Base Rent applicable to any current period of this lease after the Base period, Landlord shall compute the amount of adjusted Base Rent to be paid by Tenant during such lease period. If the amount of adjusted Base Rent payable during any lease year with after the CPI at Base period has not or cannot be computed by the beginning due date of the first year installment(s) thereof, Tenant shall continue to pay monthly installments of occupancyBase Rent at the rate applicable during the preceding annual period until the amount of the new installments has been computed. Such adjusted rentals If the new installments shall be payable in twelve (12) equal monthly greater than installments due during the year hereofpreceding year, and each renewal year thereafterTenant shall pay the deficiency with the installment next maturing. The adjustment, if any, base monthly rent shall never be calculated upon the basis less than of the U.S. Consumer Price Index for urban consumers, St. Paul - Xinneapolis area ("Index"), issued by the Bureau of Labor Statistics of the U.S. Department of Labor ("Bureau"), (1967 = 100). The Index for said subgroup published as of the month prior to the commencement date shall be considered the "Base". The base monthly Base Rental rent for the year preceding the calculation. The annual base monthly rent increase shall be adjusted by the percentage increase, if any, in the index as greater of the month prior to the month of commencement over the Base; provided, however, that in no event shall the monthly Base Rental be less than the amount specified in this Arvana Incorporated Standard Lease not withstanding the fact that the Index may, as of some adjustment date, be less than the BaseForm rev. When the monthly Base Rental for the year is determined, Lessor shall give Lessee written notice to that effect indicating how the new monthly Base Rental figure was computed. If at any rental adjustment date, there shall not exist the Index in the same format as recited in this Section, the parties shall substitute any official index published by the Bureau of Labor Statistics, 10/2011 calculated CPI result or successor or similar governmental agency, as may then be in existence and shall be most nearly equivalent thereto. If the parties shall be unable to agree upon a successsor index, the parties shall refer the choice of a successor index to arbitration in accordance with the rules three percent (3%) of the American Arbitration Association. The CPI increased shall commence on January 1, 1994 and shall not exceed six (6) percent in any one preceding year’s base monthly rent.

Cost of Living Increase. Subject to Section 32 hereof beginning on January 1, 1994 At the Rent (not including the portion attributable to taxes and insurance) shall be adjusted annually on January 1st end of each calendar year of the term hereof, the monthly rent to be paid by Lessee for the upcoming calendar year will increase in proportion to accordance with the changes in cost of living, as follows: An estimate of the cost of living will be made by calculating the percentage of variation of the current year from the previous calendar year, as indicated by the Consumer Price Index – U.S. City Average – Clerical and Wage Earner (CPI) 1967 = 100), published by the Bureau of Labor StatisticsStatistics from September to September. Said percentage will be multiplied by the existing monthly rent, based upon changes as illustrated in the sample formula below: 2005 CPI for over the past calendar year (twelve (12) months) between the date of initial occupancy (2-1-92) and the years of the Lease as set forth above. At the end of the 1992 year of occupancy thereafter, based upon the renewal options, if any, contained herein, a similar – 2004 CPI x 2004 monthly rent = estimated adjustment in 2005 rent 2004 CPI The resulting figure will be the then current rent shall be made by comparing the CPI at the beginning amount of each renewal year with the CPI at the beginning of the first year of occupancy. Such adjusted rentals shall be payable in twelve (12) equal monthly installments during the year hereof, and each renewal year thereafter. The adjustment, if any, shall be calculated upon the basis of the U.S. Consumer Price Index for urban consumers, St. Paul - Xinneapolis area ("Index"), issued by the Bureau of Labor Statistics of the U.S. Department of Labor ("Bureau"), (1967 = 100). The Index for said subgroup published as of the month prior to the commencement date shall be considered the "Base". The monthly Base Rental for the year shall be adjusted by the percentage increase, if any, increase in the index as of the month prior to the month of commencement over the Base; provided, however, that in upcoming year’s monthly rent. In no event shall the monthly Base Rental rent ever be reduced by reason of this Paragraph 36 and in no event be less than three percent. Within 90 days after the amount specified in this Lease not withstanding first day of the fact that the Index may, as of some adjustment date, be less than the Base. When the monthly Base Rental for the year is determinednew calendar year, Lessor shall give provide Lessee written with a notice to of actual rental adjustment for the previous year, as indicated by the CPI for that effect indicating how the new monthly Base Rental figure was computedyear. If at any rental adjustment datesaid notice is above the amount prepaid by Lessee, there the remainder shall not exist be due and payable with the next month’s rent. In the event that (A) the Consumer Price Index ceases to use the 1967 base of 100, or (B) a substantial change is made in the same format as recited number of items used in this Section, determining the parties shall substitute any official index published by Consumer Price Index such that Lessor and Lessee agree that the Bureau Consumer Price Index does not accurately reflect the purchasing power of Labor Statisticsthe dollar, or successor or similar governmental agency, as may then be in existence and (C) the Consumer Price Index shall be most nearly equivalent thereto. If discontinued for any reason, Lessor shall reasonably designate a new index or base that measures the parties shall be unable to agree upon a successsor indexcost of living, the parties shall refer the choice of a successor with appropriate adjustment in such base or index to arbitration in accordance with make the rules of the American Arbitration Association. The same comparable to CPI increased shall commence on January 1, 1994 (1967) – U.S. City Average – All Items – Urban Wage Earners and shall not exceed six (6) percent in any one yearClerical Workers.

Cost of Living Increase. Subject In view of the fluctuating power of the dollar, the Parties hereto desiring to Section 32 hereof beginning on January 1adjust the Base Annual Rental provided for in Paragraph 3 to such purchasing power, 1994 the Rent (not including the portion attributable to taxes and insurance) agree that an adjustment shall be adjusted annually made in the base annual rental on January 1st the first (1st) anniversary date of this Lease and each year in proportion to the changes in anniversary date thereafter. The Parties hereto adopt as a standard for measuring such fluctuations the Consumer Price Index Index, for Urban Wage Earners and Clerical Workers, United States City Average, All Items (CPI1967=100) published or any successor thereto as promulgated by the Bureau of Labor Statistics of the United States Department of Labor, hereinafter referred to as the "Price Index." The Price Index for the month in which the lease commences shall be taken as the Basic Standard and that figure will, therefore, be the Basic Standard, as that term is hereinafter used. These adjustments shall be made in the rent by multiplying said rental by a fraction, the numerator of which shall be the new Price Index figure, and the denominator of which shall be the Basic Standard. The new Price Index to be used as the numerator of the fraction shall be the Price Index for the last month preceding the anniversary date for which the cost of living increase or decrease is being computed, i.e., the tenth (10th) month for the first (1st) anniversary adjustment. No such adjustment shall result in a decrease in the base annual rental below the original base annual rental payable by the LESSEE. /s/ illegible -------------- Initial 1 The Consumer Price Index is the United States Bureau of Labor Statistics, based Consumer Price Index, for Urban Wage Earners and Clerical Workers, United States City Average, All Items (1967=100) or any successor thereto published by the United States Department of Labor, Bureau of Labor Statistics; provided that should the said Consumer Price Index or manner of computing or reporting same be discontinued or changed, the Parties shall attempt to agree upon changes a substitute formula, and failing such agreement the matter shall be determined by arbitration in North palm Beach under the Rules of the American Arbitration Association then prevailing. In the event that the Price Index ceases to use the 1967 average of one hundred (100) as the basis of calculation, or if a substantial change is made in the CPI for over terms of particular items contained in the past calendar year (twelve (12) months) between Price Index, then the date Price Index shall be adjusted to the figure that would have been arrived at had the change in the manner of initial occupancy (2-1-92) and computing the years Price Index in effect at the commencement of the full term of this Lease not been effected. In the event that such Price Index (or successor or substitute Price Index) is not available, a reliable governmental or other non-partisan publication evaluating the information theretofore used in determining the Price Index shall be used. After the base annual rental has been adjusted as set forth above. At in this Paragraph 5(A), the end of the 1992 year of occupancy thereafter, based upon the renewal options, if any, contained herein, a similar adjustment in the then current rent shall be made by comparing the CPI at the beginning of each renewal year with the CPI at the beginning of the first year of occupancy. Such adjusted rentals shall base annual rental will be payable in advance in twelve (12) equal monthly installments during the each year hereof, and each renewal year thereafter. The adjustment, if any, shall be calculated upon the basis of the U.S. Consumer Price Index for urban consumers, St. Paul - Xinneapolis area ("Index"), issued by the Bureau of Labor Statistics of the U.S. Department of Labor ("Bureau"), (1967 = 100). The Index for said subgroup published as of the month prior subsequent to the commencement anniversary date shall be considered the "Base". The monthly Base Rental for the year shall be adjusted by the percentage increase, if any, in the index as of the month prior to the month of commencement over the Base; provided, however, that in no event shall the monthly Base Rental be less than the amount specified in this Lease not withstanding the fact that the Index may, as of some adjustment date, be less than the Base. When the monthly Base Rental for the year is determined, Lessor shall give Lessee written notice to that effect indicating how the new monthly Base Rental figure was computed. If at any rental adjustment date, there shall not exist the Index in the same format as recited in this Section, the parties shall substitute any official index published by the Bureau of Labor Statistics, or successor or similar governmental agency, as may then be in existence and shall be most nearly equivalent thereto. If the parties shall be unable to agree upon a successsor index, the parties shall refer the choice of a successor index to arbitration in accordance with the rules of the American Arbitration Association. The CPI increased shall commence on January 1, 1994 and shall not exceed six (6) percent in any one yearadjustment.

Cost of Living Increase. Subject In view of the fluctuating power of the dollar, the Parties hereto desiring to Section 32 hereof beginning on January 1adjust the Base Annual Rental provided for in Paragraph 3 to such purchasing power, 1994 the Rent (not including the portion attributable to taxes and insurance) agree that an adjustment shall be adjusted annually made in the base annual rental on January 1st the first (1st) anniversary date of this Lease and each year in proportion to the changes in anniversary date thereafter. The Parties hereto adopt as a standard for measuring such fluctuations the Consumer Price Index Index, for Urban Wage Earners and Clerical Workers, United States City Average, All Items (CPI1982-84=100) published or any successor thereto as promulgated by the Bureau of Labor Statistics of the United States Department of Labor, hereinafter referred to as the “Price Index.” The Price Index for the month in which the lease commences shall be taken as the Basic Standard and that figure will, therefore, be the Basic Standard, as that term is hereinafter used. These adjustments shall be made in the rent by multiplying said rental by a fraction, the numerator of which shall be the new Price Index figure, and the denominator of which shall be the Basic Standard. The new Price Index to be used as the numerator of the fraction shall be the Price Index for the last month preceding the anniversary date for which the cost of living increase or decrease is being computed, i.e., the tenth (10th) month for the first (1st) anniversary adjustment. No such adjustment shall result in a decrease in the base annual rental below the original base annual rental payable by the LESSEE. The Consumer Price Index is the United States Bureau of Labor Statistics, based Consumer Price Index, for Urban Wage Earners and Clerical Workers, United States City Average, All Items (1982-84=100) or any successor thereto published by the United States Department of Labor, Bureau of Labor Statistics; provided, that should the said Consumer Price Index or the manner of computing or reporting same be discontinued or changed, the Parties shall attempt to agree upon changes a substitute formula, and failing such agreement the matter shall be determined by arbitration in North Palm Beach under the Rules of the American Arbitration Association then prevailing. In the event that the Price Index ceases to use the 1982-84 average of one hundred (100) as the basis of calculation, or if a substantial change is made in the CPI for over terms of particular items contained in the past calendar year (twelve (12) months) between Price Index, then the date Price Index shall be adjusted to the figure that would have been arrived at had the change in the manner of initial occupancy (2-1-92) and computing the years Price Index in effect at the commencement of the full term of this Lease not been effected. In the event that such Price Index (or successor or substitute Price Index) is not available, a reliable governmental or other non-partisan publication evaluating the information theretofore used in determining the Price Index shall be used. After the base annual rental has been adjusted as set forth above. At in this Paragraph 5, the end of the 1992 year of occupancy thereafter, based upon the renewal options, if any, contained herein, a similar adjustment in the then current rent shall be made by comparing the CPI at the beginning of each renewal year with the CPI at the beginning of the first year of occupancy. Such adjusted rentals shall base annual rental will be payable in advance in twelve (12) equal monthly installments during the each year hereof, and each renewal year thereafter. The adjustment, if any, shall be calculated upon the basis of the U.S. Consumer Price Index for urban consumers, St. Paul - Xinneapolis area ("Index"), issued by the Bureau of Labor Statistics of the U.S. Department of Labor ("Bureau"), (1967 = 100). The Index for said subgroup published as of the month prior subsequent to the commencement anniversary date shall be considered the "Base". The monthly Base Rental for the year shall be adjusted by the percentage increase, if any, in the index as of the month prior to the month of commencement over the Base; provided, however, that in no event shall the monthly Base Rental be less than the amount specified in this Lease not withstanding the fact that the Index may, as of some adjustment date, be less than the Base. When the monthly Base Rental for the year is determined, Lessor shall give Lessee written notice to that effect indicating how the new monthly Base Rental figure was computed. If at any rental adjustment date, there shall not exist the Index in the same format as recited in this Section, the parties shall substitute any official index published by the Bureau of Labor Statistics, or successor or similar governmental agency, as may then be in existence and shall be most nearly equivalent thereto. If the parties shall be unable to agree upon a successsor index, the parties shall refer the choice of a successor index to arbitration in accordance with the rules of the American Arbitration Association. The CPI increased shall commence on January 1, 1994 and shall not exceed six (6) percent in any one yearadjustment.

Cost of Living Increase. Subject to Section 32 hereof beginning on January 1, 1994 the The Base Rent (not including the portion attributable to taxes and insurance) shall be adjusted annually on January 1st of each year increased at the time specified in Paragraph 1.07(a) above, (I) in proportion to the changes increase in the Consumer Price index which has occurred between the first month of the Lease Term and the month in which the rent is to be increased and (ii) subject to the minimum and maximum increases set forth in Paragraph 1.07(a). Landlord shall notify Tenant of each increase by delivering a written statement setting forth the Index for the first month of the Lease Term, the Index for the month in which the Base Rent is to be increased, the percentage increase between those two Indices, and the new amount of the Base Rent. The Base Rent shall not be reduced from the last previous adjusted Base Rent by reason of any decrease in the Index. Tenant shall pay the new Base Rent from its effective date until the next periodic increase. Landlord's notice may be given after the effective date of the increase since the Index for the appropriate month may be unavailable on the effective date. In such event, Tenant shall pay landlord the necessary rental adjustment for the months lapsed between the effective date of the increase and Landlord's notice of such increase within ten (CPI10) days after Landlord's notice. If the format or components of the Index are materially changed after the Date of Lease, Landlord shall substitute an index which is published by the Bureau of Labor Statistics, based upon changes Statistics or similar agency and which is most nearly equivalent to the Index in the CPI for over the past calendar year (twelve (12) months) between effect on the date of initial occupancy (2-1-92) and the years this Lease. Landlord shall notify Tenant of the Lease as set forth above. At substituted index, which shall be used to calculate the end of the 1992 year of occupancy thereafter, based upon the renewal options, if any, contained herein, a similar adjustment increase in the then current rent Base Rent unless Tenant objects in writing within fifteen (15) days after receipt of Landlord's notice. If Tenant objects, the substitute Index shall be made by comparing the CPI at the beginning of each renewal year with the CPI at the beginning of the first year of occupancy. Such adjusted rentals shall be payable in twelve (12) equal monthly installments during the year hereof, and each renewal year thereafter. The adjustment, if any, shall be calculated upon the basis of the U.S. Consumer Price Index for urban consumers, St. Paul - Xinneapolis area ("Index"), issued by the Bureau of Labor Statistics of the U.S. Department of Labor ("Bureau"), (1967 = 100). The Index for said subgroup published as of the month prior to the commencement date shall be considered the "Base". The monthly Base Rental for the year shall be adjusted by the percentage increase, if any, in the index as of the month prior to the month of commencement over the Base; provided, however, that in no event shall the monthly Base Rental be less than the amount specified in this Lease not withstanding the fact that the Index may, as of some adjustment date, be less than the Base. When the monthly Base Rental for the year is determined, Lessor shall give Lessee written notice to that effect indicating how the new monthly Base Rental figure was computed. If at any rental adjustment date, there shall not exist the Index in the same format as recited in this Section, the parties shall substitute any official index published by the Bureau of Labor Statistics, or successor or similar governmental agency, as may then be in existence and shall be most nearly equivalent thereto. If the parties shall be unable to agree upon a successsor index, the parties shall refer the choice of a successor index to arbitration determined in accordance with the rules and regulations of the American Arbitration Association. The CPI increased cost of such arbitration shall commence on January 1, 1994 be borne equally be Landlord and shall not exceed six (6) percent in any one yearTenant.

Cost of Living Increase. Subject to Section 32 hereof hereof, beginning on January February 1, 1994 1996, the Rent rent (not including the portion attributable attribut able to taxes and insurance) shall be adjusted annually on January February 1st of each year in proportion to the changes in the Consumer Price Index (CPI) published by the Bureau of Labor Statistics, based upon changes in the CPI for over the past calendar year (twelve (12) months) between the date of initial occupancy (2-1-9295) and the years of the Lease as set forth above. At the end of the 1992 1995 year of occupancy thereafter, based upon the renewal options, if any, any contained herein, a similar adjustment in the then current rent shall be made by comparing the CPI at the beginning of each renewal year with the CPI at the beginning of the first year of occupancy. Such adjusted rentals shall be payable in twelve (12) equal monthly installments during the year hereof, and each renewal year thereafter. The adjustment, if any, shall be calculated upon the basis of the U.S. Consumer Price Index for urban consumers, St. Paul - Xinneapolis area ("Index"), ) issued by the Bureau of Labor Statistics of the U.S. Department of Labor ("Bureau"), (1967 = 100). The Index for said subgroup published as of the month prior to the commencement date shall be considered the "Base". The monthly Base Rental for the each year shall be adjusted by the percentage increase, if any, in the index index, as of the month prior to the month of commencement over the Base; provided, however, that in no event shall the monthly Base Rental be less than the amount specified in this Lease not withstanding the fact that the Index may, as of some adjustment date, be less than the Base. When the monthly Base Rental for the year is determined, Lessor shall give Lessee written notice to that the effect indicating how the new monthly Base Rental figure was computed. If at any rental adjustment date, there shall not exist the Index in the same format as recited in this Section, the parties shall substitute any official index published by the Bureau of Labor Statistics, or successor or similar governmental agency, as may then be in existence and shall be most nearly equivalent thereto. If the parties shall be unable to agree upon a successsor successor index, the parties shall refer the choice of a successor index to arbitration in accordance with the rules of the American Arbitration Association. The CPI increased increase shall commence on January February 1, 1994 1996, and shall not exceed six (6) percent in any one year.