Common use of CPI Adjustment Clause in Contracts

CPI Adjustment. Commencing June 1, 1990, and on each annual anniversary date thereafter (each such date being referred to herein as an "Adjustment Date"), the Basic Rent for the original term of this Lease shall be increased by the percentage increase in the "Revised Consumer Price Index for all Urban Consumers - U.S. City Average (1982-1984 = 100)" published by the Bureau of Labor Statistics of the United States Department of Labor (the "CPI") for the twelve-month period immediately preceding such Adjustment Date. Notwithstanding the foregoing, in no event shall the Basic Rent during the original term of this Lease increase on any Adjustment Date by more than four (4) percent of the Basic Rent payable immediately prior to such Adjustment Date. The Basic Rent for any Option Period shall be adjusted on the first year anniversary of the commencement of the Option Period and on each annual anniversary date thereafter (each such date being referred to herein as an "Option Period Adjustment Date") by the lesser of four (4) percent or the percentage increase in the CPI for the twelve-month period immediately preceding such Option Period Adjustment Date. The Basic Rent payable hereunder shall never be less than the Basic Rent set forth in Section 3.1 as a result of decreases in the Consumer Price Index. If on any Adjustment Date or any Option Period Adjustment Date, the change in the CPI is not available, Lessee shall continue to pay rent at the existing rate until such change is available, and shall pay Lessor any additional amounts due on the first rental payment date after such changes become available.

CPI Adjustment. Commencing June 1, 1990, and on each annual anniversary date thereafter Effective as of the first day of the thirty-first (each such date being referred to herein as an 31st) -------------- month of the Term (the "CPI Adjustment Date"), the Basic Base Rent for in effect immediately before the original term of this Lease CPI Adjustment Date shall be increased by increased, in accordance with the percentage increase increase, if any, in the "Revised Consumer Price Index, to an amount which is equal to the product of (i) the Index for all Urban Consumers - U.S. City Average (1982-1984 = 100)" published by the Bureau of Labor Statistics of the United States Department of Labor (the "CPI"as hereinafter defined) for the twelve-third month period immediately preceding such the CPI Adjustment Date. Notwithstanding , multiplied by (ii) the foregoinginitial Base Rent set forth in the Basic Lease Information, divided by (iii) the Basic Index (as hereinafter defined); provided, however, in no event shall the Basic Base Rent during the original term of this Lease increase on any Adjustment Date by more than four (4as adjusted) percent of the Basic Rent payable in effect immediately prior to such Adjustment Date. The Basic Rent for any Option Period shall be adjusted on the first year anniversary of the commencement of the Option Period and on each annual anniversary date thereafter (each such date being referred to herein as an "Option Period Adjustment Date") by the lesser of four (4) percent or the percentage increase in the CPI for the twelve-month period immediately preceding such Option Period Adjustment Date. The Basic Rent payable hereunder Date be decreased, nor shall never it be less than the Basic Rent set forth in Section 3.1 increased as a result of decreases in a CPI adjustment by more than six percent (6%) per Lease Year, compounded annually. The "Index" shall mean the Consumer Price Index, All Items, 1982-1984 = 100, All Urban Consumers, for the Los Angeles/Riverside/Anaheim Area, as published by the United States Department of Labor, Bureau of Labor Statistics, or its successor index, and the "Basic Index" shall mean the Index published for the third month preceding the Commencement Date. The adjusted Base Rent shall be rounded to the nearest $1.00. If the Index required for the calculation specified in this subsection is not available on any the CPI Adjustment Date or any Option Period Adjustment Datein question, the change in the CPI is not available, Lessee Tenant shall continue to pay rent at the existing rate same amount of Base Rent payable during the period immediately preceding the CPI Adjustment Date until the Index is available and the necessary calculation is made. As soon as such change calculation is availablemade, and Tenant shall immediately pay Lessor to Landlord the amount of any additional amounts due on underpayment of Base Rent for the first rental payment date after month(s) that may have elapsed. In the event the compilation or publication of the Index shall be transferred to any other governmental department, bureau or agency or shall be discontinued, the index most nearly the same as the Index shall be used to make such changes become availablecalculation.

CPI Adjustment. Commencing June 1If, 1990at the commencement of the Interim Date or applicable Extension Term, there is a change in the CPI (or any comparable successor or substitute index reasonably designated by the Landlord, appropriately adjusted, and approved by Tenant, such approval not to be unreasonably withheld) reflecting an increase in the cost of living over and above the cost of living as reflected by the CPI in effect on each annual anniversary date thereafter the first Rent Commencement Date to occur (each such date being referred or, with respect to herein as an "Adjustment Date"the First Extension Term, the CPI for the month in which the Interim Date occurred, or with respect to the Second Extension Term, the CPI for the month in which the First Extension Term commenced) (hereinafter called the “Base Price Index”), the Basic “Adjustment” of the Base Rent shall be calculated as follows for the original term of this Lease purposes set forth in Section 1.16 and 3.03(c): the Base Rent shall be increased multiplied by a fraction, the percentage increase numerator of which shall be the CPI for the month in which the "Revised Consumer Interim Date occurs or the applicable Extension Term commences, as applicable, and the denominator of which (for each such fraction) shall be the Base Price Index for all Urban Consumers - U.S. City Average (1982-1984 = 100)" published by the Bureau of Labor Statistics of the United States Department of Labor (the "CPI") for the twelve-month period immediately preceding such Adjustment Date. Notwithstanding the foregoingprovided, however, that in no event shall the Basic Rent CPI be deemed to increase during such period by an amount in excess of four percent (4%) per year compounded annually). In the original term event that Landlord determines, and Tenant agrees, that the CPI ceases to use the 1982-84 average of 100 as the basis of calculation, or if a substantial change is made in the terms or number of items contained in the CPI, then the CPI shall be adjusted to the figure that the parties agree in good faith would have been arrived at had the manner of computing the CPI in effect at the date of this Lease increase on any Adjustment Date by more than four not been changed. In the event that within one (41) percent of year following the Basic Rent payable immediately prior to such Adjustment Date. The Basic Rent date that the CPI figure for any Option Period month used in calculating the Adjustment shall have been published, the federal government shall revise such figure, then: (x) such revised CPI figure shall thereafter be deemed to be the correct CPI figure for all purposes (unless the federal government shall yet again revise such figure, in which case the most recently revised CPI figure shall be adjusted on deemed to be correct); and (y) any retroactive adjustment or recomputation resulting from such revised CPI figure shall be limited to encompass only the first year anniversary of the commencement of the Option Period and on each annual anniversary date thereafter (each such date being referred to herein as an "Option Period Adjustment Date") by the lesser of four (4) percent or the percentage increase in the CPI for the twelve-month period immediately preceding the date upon which the revision of such Option Period Adjustment Date. The Basic Rent payable hereunder CPI figure shall never be less than the Basic Rent set forth in Section 3.1 as a result of decreases in the Consumer Price Index. If on any Adjustment Date or any Option Period Adjustment Date, the change in the CPI is not available, Lessee shall continue to pay rent at the existing rate until such change is available, and shall pay Lessor any additional amounts due on the have first rental payment date after such changes become availablebeen published.

CPI Adjustment. Commencing June 1, 1990, and on each annual anniversary date thereafter (each such date being referred to herein as an "Adjustment Date"), The base for computing the Basic Rent for the original term of this Lease adjustment shall be increased by the percentage increase in the "Revised following Consumer Price Index for all All Urban Consumers - U.S. City Average (1982-1984 = 100)" published by the Bureau of Labor Statistics of the United States Department of Labor Statistics (“Index”): CPI-All Urban Consumers (Current Series) Series Id: CUUR0000SA0, Not Seasonally Adjusted Series Title: All items in U.S. city average, all urban consumers, not seasonally adjusted Area: U.S. city average Item: All items Base Period: 1982-84=100 The index reference shall be the "CPI"Index that is published most immediately preceding the commencement of the most recent annual anniversary of the Agreement (“Extension Index”), which shall be compared with the Index published twelve (12) months prior or to the Index published at a point in time as mutually agreed upon between both parties (“Beginning Index”). If the Extension Index published has increased over or decreased under the Beginning Index, the compensation rate change shall be calculated by determining the percent change between the two (2) periods and multiplying the compensation rates from the previous period by the percent change. Upon adjustment of the compensation rates, the parties shall immediately execute a written amendment to the Agreement setting forth the new compensation rates and attach the same as a revised exhibit to the Agreement. If the Index is changed so that the base year differs from that used as of the month immediately preceding the Agreement’s commencement date, 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 the Agreement such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued of revised. The preceding provision of this Section notwithstanding, the adjustment of any compensation rate for the any twelve-month period immediately preceding such Adjustment Dateshall not exceed 3%. Notwithstanding For the foregoingpurpose of illustration only, in no event shall the Basic Rent during following example provides the original term computation of this Lease increase on any Adjustment Date by more than four (4) a percent of the Basic Rent payable immediately prior to such Adjustment Date. The Basic Rent for any Option Period shall be adjusted on the first year anniversary of the commencement of the Option Period and on each annual anniversary date thereafter (each such date being referred to herein as an "Option Period Adjustment Date") by the lesser of four (4) percent or the percentage increase in the change: CPI for the twelve-month current period immediately preceding such Option Period Adjustment Date. The Basic Rent payable hereunder shall never be less than the Basic Rent set forth in Section 3.1 as a result of decreases in the Consumer Price Index. If on any Adjustment Date or any Option Period Adjustment Date, the 232.945 Less CPI for previous period 229.815 Equals index point change in the 3.130 Divided by previous period CPI is not available, Lessee shall continue to pay rent at the existing rate until such change is available, and shall pay Lessor any additional amounts due on the first rental payment date after such changes become available.229.815 Equals 0.0136 Result multiplied by 100 0.0136 x 100

CPI Adjustment. Commencing June 1, 1990, and on each annual anniversary date thereafter (each such date being referred to herein as an "Adjustment Date"), the Basic Rent for the original term of this Lease shall be increased by the percentage increase in the "Revised Consumer Price Index" or "CPI" shall refer to the All Urban Consumers, Los Angeles-Riverside-Orange County, All Items Index for all Urban Consumers - U.S. City Average (Base Period 1982-1984 = 100)" 84=100) as published by the Bureau of Labor Statistics of the United States Department of Labor, Bureau of Labor Statistics in mid-January of each year relating to the prior calendar year (annual column) as published by the United States Department of Labor, Bureau of Labor Statistics ("CPIBureau"). In the event that the Bureau shall cease to publish said Consumer Price Index, then the successor or such nearly comparable index as reasonably determined by Landlord shall be used. If the Bureau substantially revises the manner in which the CPI is determined, an adjustment shall be made in the revised index which would produce results equivalent, as nearly as possible, to those which would be obtained if the CPI had not been so revised. If the 1982-84 average shall no longer be used as an index of 100, such change shall constitute a substantial revision. If the CPI becomes unavailable to the public because publication is discontinued, or otherwise becomes unavailable, or if equivalent data is not readily available to enable Landlord to make the adjustment to the revised index referred to above, Landlord shall substitute a comparable index based upon changes in the cost of living or purchasing power of the consumer dollar published by any other governmental agency or, if no such index is available, then a comparable index published by a major bank, other financial institution, university or recognized financial publication. On January 1st 2009 and on each January 1st thereafter (or as soon thereafter as available) the Consumer Price Index figure for the twelve-month period immediately preceding such Adjustment Date. Notwithstanding year shall be determined, and the foregoingBase Rent for the calendar year shall be increased or decreased by the same percentage as the percentage, if any, by which the Consumer Price Index for the January of the preceding year shall have increased as compared with the Consumer Price Index for the January of the current year; provided, however, that in no event shall any annual increase in Base Rent under the Basic Rent during the original term provisions of this Lease increase on any Adjustment Date by more than four (4) percent of the Basic Rent payable immediately prior to such Adjustment Date. The Basic Rent for any Option Period shall be adjusted on the first year anniversary of the commencement of the Option Period and on each annual anniversary date thereafter (each such date being referred to herein as an "Option Period Adjustment Date") by the lesser of four (4) percent or the percentage increase in the CPI for the twelve-month period immediately preceding such Option Period Adjustment Date. The Basic Rent payable hereunder shall never Section 2.2 be less than the Basic Rent set forth in Section 3.1 as a result two percent (2%) or exceed six percent (6%) per year. Landlord shall provide written notice of decreases in the Consumer Price Index. If on any Adjustment Date or any Option Period Adjustment Date, the change in the CPI is adjustment to Tenant. In the event that the adjustment has not availablebeen determined in time for any invoicing sent, Lessee then upon determination of the adjustment, Landlord shall continue to pay rent at the existing rate until such change is available, and shall pay Lessor any additional amounts due on the first rental payment date after such changes become availablesend out adjustment invoice(s).

CPI Adjustment. Commencing June 1, 1990, The Initial Base Rent provided for in Paragraph 4(a) shall be subject to adjustment at the commencement of the third year of the term and on each annual anniversary date year thereafter (each such date being referred to herein as an "Adjustment Date"). The base for computing the adjustment is the Consumer Price Index, the Basic Rent All Items, for the original term of this Lease shall be increased by the percentage increase in the "Revised Consumer Price Index for all Urban Consumers Sxx Xxxxxxxxx-Xxxxxxx Xxxxxxxxxxxx Xxxx (0000 - U.S. City Average (1982-1984 84 = 100)" ) as published by the Bureau of Labor Statistics of the United States Department of Labor, Bureau of Labor Statistics ("Index"), which is published for the month nearest the Commencement Date ("CPIBeginning Index"). If the Index published nearest the Adjustment Date ("Extension Index") has increased over the Beginning Index, the Base Rent for the twelve-month following period immediately preceding such Adjustment Date(until the next Rent adjustment) shall be set by multiplying the Base Rent as set forth in Paragraph 4(a) by a fraction, the numerator of which is the Extension Index and the denominator of which is the Beginning Index. Notwithstanding the foregoing, in In no event case shall the Basic Base Rent during the original term of this Lease increase on any Adjustment Date by more than four (4) percent of the Basic Rent payable immediately prior to such Adjustment Date. The Basic Rent for any Option Period shall be adjusted on the first year anniversary of the commencement of the Option Period and on each annual anniversary date thereafter (each such date being referred to herein as an "Option Period Adjustment Date") by the lesser of four (4) percent or the percentage increase in the CPI for the twelve-month period immediately preceding such Option Period Adjustment Date. The Basic Rent payable hereunder shall never be less than the Basic Base Rent set forth in Section 3.1 Paragraph 4(a). On adjustment of the Base Rent as a result of decreases provided for in this Lease, Landlord shall deliver to Tenant written notice stating the Consumer Price Indexnew Base Rent. If on any Adjustment Date or any Option Period Adjustment Datethe Index is changed so that the base year differs from that used as of the month immediately preceding the month in which the term commences, the change Index shall be converted in accordance with the CPI conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the Index is discontinued or revised during the term, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not available, Lessee shall continue to pay rent at the existing rate until such change is available, and shall pay Lessor any additional amounts due on the first rental payment date after such changes become availablebeen discontinued or revised.

CPI Adjustment. Commencing June 1, 1990, and This Section 3.03(d) shall be used to calculate increases in Base Rent on each annual anniversary date thereafter (each such date being referred to herein as an "Adjustment Date"), account of increases in CPI during the Basic Rent for the original term Term of this Lease shall be increased by the percentage increase in the "Revised Lease. The Consumer Price Index for all Urban Consumers - U.S. City Average (1982-1984 = 100)" Wage Earners and Clerical Workers, All Items, for Boston, Massachusetts published by the Bureau of Labor Statistics of the United States Department of Labor (base year 1982-84 = 100) is the "CPI") for " If, at the twelve-month period immediately preceding such Adjustment Date. Notwithstanding the foregoing, in no event shall the Basic Rent during the original term commencement of this Lease increase on any Adjustment Date by more than four (4) percent of the Basic Rent payable immediately prior to such Adjustment Date. The Basic Rent for any Option Period shall be adjusted on the first year anniversary an Extension Term or as of the commencement of the Option Period and on each annual anniversary date thereafter second, or any subsequent, Lease Year during the Term of this Lease, there is a change in the CPI (each such date being referred to herein as an "Option Period Adjustment Date") or any comparable successor or substitute index designated by the lesser of four (4Landlord appropriately adjusted) percent or the percentage reflecting an increase in the cost of living over and above the cost of living as reflected by the CPI for the twelve-month period immediately preceding such Option Period Adjustment Date. The Basic in which the Date of Lease occurs ("BASE PRICE INDEX"), the "CPI ADJUSTMENT" of the Base Rent payable hereunder shall never be less than calculated as follows: the Basic Base Rent set forth xxxxxx be multiplied by a fraction, the numerator of which shall be the CPI for the month in Section 3.1 which the Extension Term or Lease Year commences, as a result applicable, and the denominator of decreases in which shall be the Consumer Base Price Index. If on In the event the CPI ceases to use the 1982-84 average of 100 as the basis of calculation, or if a substantial change is made in the terms or number of items contained in the CPI, then the CPI shall be adjusted to the figure most nearly approximating that which would have been arrived at had the manner of computing the CPI in effect at the date of this Lease not been changed. In the event that within one (1) year following the date that the CPI figure for any month used in calculating the Adjustment Date or any Option Period Adjustment Dateshall have been published, the change federal government shall revise such figure, then: (x) such revised CPI figure shall thereafter be deemed to be the correct CPI figure for all purposes (unless the federal government shall yet again revise such figure, in which case the most recently revised CPI is not available, Lessee figure shall continue be deemed to pay rent at be correct); and (y) any retroactive adjustment or recomputation resulting from such revised CPI figure shall be limited to encompass only the existing rate until year immediately preceding the date upon which the revision of such change is available, and CPI figure shall pay Lessor any additional amounts due on the have first rental payment date after such changes become availablebeen published.