Common use of CPI Adjustments Clause in Contracts

CPI Adjustments. The Base Rent paid by Tenant shall be adjusted upward, but never downward, effective as of the first anniversary of the Commencement Date (or the first day of the thirteenth month after the Commencement Date in the event the Commencement Date is a date other than the first day of a calendar month) and on the same day of each year thereafter during the term and any renewal term of this Lease to reflect the increase, if any, in the Consumer Price Index (All Cities, All Urban Consumers, All Items, 1982-1984=100) (subsequently referred to as “CPI-U”) or its successor Consumer Price Index, as published by the United States Bureau of Labor Statistics. This adjustment shall be computed by adding to the Base Rent an amount determined as follows: i) the CPI-U index number for second month preceding the Commencement Date (“Initial Index Number”) shall be subtracted from the CPI-U index number for the second month immediately preceding the effective date of increase; ii) the resulting amount shall be divided by the Initial Index Number and reduced to a decimal equivalent; iii) the resulting decimal shall be multiplied by the Base Rent. The Base Rent, as adjusted, shall be paid in equal monthly installments as provided in Paragraph 4(a), above. Adjustments shall not exceed four percent (4%) per annum. If the CPI-U is changed so that the base year differs from that used for the Initial Index Number, the CPI-U shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the CPI-U is discontinued or revised during the term of this Lease or any renewal term, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same results as would be obtained if the CPI-U had not been discontinued or revised.

CPI Adjustments. The Base Rent paid by Tenant shall be adjusted upward, but never downward, effective as of the first anniversary of the Commencement Date (or the first day of the thirteenth month after the Commencement Date in the event the Commencement Date is a date other than the first day of a calendar month) and on the same day of each year thereafter during the term and any renewal term of this Lease to reflect the increase, if any, in the Consumer Price Index (All Cities, All Urban Consumers, All Items, 1982-1984=100) (subsequently referred to as “CPI-U”) or its successor Consumer Price Index, as published by the United States Bureau of Labor Statistics. This adjustment shall be computed by adding to the Base Rent an amount determined as follows: i) the CPI-U index number for the second month preceding the Commencement Date (“Initial Index Number”) shall be subtracted from the CPI-U index number for the second month immediately preceding the effective date of increase; ii) the resulting amount shall be divided by the Initial Index Number and reduced to a decimal equivalent; iii) the resulting decimal shall be multiplied by the Base Rent. The Base Rent, as adjusted, shall be paid in equal monthly installments as provided in Paragraph 4(a), above. Adjustments shall not exceed four percent (4%) per annum. If the CPI-U is changed so that the base year differs from that used for the Initial Index Number, the CPI-U shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the CPI-U is discontinued or revised during the term of this Lease or any renewal term, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same results as would be obtained if the CPI-U had not been discontinued or revised.

CPI Adjustments. The Base amount of Fixed Rent paid by Tenant shall be adjusted upward, but never downward, effective as of the first anniversary expiration of each calendar year after the calendar year in which this Lease commences (the "Adjustment Dates") to reflect any increase in the cost of living. Each adjustment, if any, shall be calculated on the basis of the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index, All Item, All Urban Consumers for the region specified in PARAGRAPH G(i) OF THE SUMMARY OF LEASE TERMS (the "Index") as of the Commencement Date of this Lease. The Index for the month in which the sixtieth (or 60th) day preceding each Adjustment Date falls shall be deemed the first day "Adjustment Index." The Adjustment Index for determining an adjustment to Fixed Rent for a specific Adjustment Date shall be deemed the Index on the next following Adjustment Date. At the Adjustment Date, the new Fixed Rent shall be determined by multiplying the then current Fixed Rent by the percentage increase of the thirteenth month after Adjustment Index over the Commencement Date in the event the Commencement Date is a date other than the first day of a calendar month) and on the same day of each year thereafter during the term and any renewal term of this Lease to reflect the increaseIndex, if any. In no event shall the Fixed Rent as so adjusted be less than the Fixed Rent in effect for the month immediately prior to such Adjustment Date. When the new Fixed Rent is determined, in Landlord shall give Tenant written notice of same. If Landlord fails to give timely notice of the Consumer Price Index (All Citiesnew Fixed Rent, All Urban Consumers, All Items, 1982-1984=100) (subsequently referred to as “CPI-U”) or its successor Consumer Price Index, as published by the United States Bureau of Labor Statistics. This adjustment shall be computed by adding retroactive to the Base Rent an amount determined Adjustment Date and Tenant shall pay the arrears within fifteen (15) days after being billed therefor. If at any Adjustment Date, the Index is no longer published as follows: i) the CPI-U index number for second month preceding the Commencement Date (“Initial Index Number”) shall be subtracted from the CPI-U index number for the second month immediately preceding the effective date of increase; ii) the resulting amount shall be divided by the Initial Index Number and reduced to a decimal equivalent; iii) the resulting decimal shall be multiplied by the Base Rent. The Base Rentdescribed in this Section, as adjustedLandlord, after consultation with Tenant, shall be paid in equal monthly installments as provided in Paragraph 4(a), above. Adjustments shall not exceed four percent (4%) per annum. If substitute the CPI-U is changed so that the base year differs from that used for the Initial Index Number, the CPI-U shall be converted in accordance with the conversion factor official index published by the United States Department of Labor, Bureau of Labor Statistics. If the CPI-U Statistics or successor or similar governmental agency as may then be in existence which is discontinued or revised during the term of this Lease or any renewal term, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same results as would be obtained if the CPI-U had not been discontinued or revisedmost nearly equivalent thereto.

CPI Adjustments. The Base Rent paid by Tenant shall be adjusted upward, but never downward, effective as of the first tenth anniversary of the Rent Commencement Date (or the first day of the thirteenth month after the Commencement Date in the event the Commencement Date is a date other than the first day of a calendar month) and on the same day of each year tenth Lease Year thereafter during the term and any renewal term Term of this Lease to reflect the increaseincrease or decrease, if any, in the Consumer Price Index (All Cities, All Urban Consumers, All Items, 1982-1984=100) (subsequently referred to as “CPI-U”) or its successor Consumer Price Index, as published by the United States Bureau of Labor Statistics. This adjustment shall be computed by adding or subtracting to the Base Rent Rent, as applicable, an amount determined as follows: i) the CPI-U index number for second month preceding the Rent Commencement Date (“Initial Index Number”) shall be subtracted from the CPI-U index number for the second month immediately preceding the effective date of increase; ii) the resulting amount shall be divided by the Initial Index Number and reduced to a decimal equivalent; iii) the resulting decimal shall be multiplied by the Base Rent; provided, however, in no event shall the Base Rent for any Lease Year be less than One Hundred Thousand Dollars ($100,000.00). . The Base Rent, as adjusted, shall be paid in equal monthly annual installments as provided in Paragraph 4(a), above. Adjustments above and for each subsequent Lease Year prior to the next CPI Reset, Base Rent shall not exceed four percent (4%) per annumbe subject to the 2% Base Rent Increase. If the CPI-U is changed so that the base year differs from that used for the Initial Index Number, the CPI-U shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the CPI-U is discontinued or revised during the term of this Lease or any renewal term, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same results as would be obtained if the CPI-U had not been discontinued or revised. At no time shall the annual rent be adjusted below the Annual Base Rent set forth in Paragraph 4(a), above.

CPI Adjustments. The Base Rent paid by Tenant shall be adjusted upward, but never downward, effective as of the first sixth anniversary of the Commencement Date (or the first day of the thirteenth month after the Commencement Date in the event the Commencement Date is a date other than the first day of a calendar month) and on the same day of each year thereafter during the term and any renewal term of this Lease to reflect the increase, if any, in the Consumer Price Index (All Cities, All Urban Consumers, All Items, 1982-1984=1001984= 100) (subsequently referred to as “"CPI-U”") or its successor Consumer Price Index, as published by the United States Bureau of Labor Statistics. This adjustment shall be computed by adding to the Base Rent an amount determined as follows: i) the CPI-U index number for second month preceding the fifth anniversary of the Commencement Date (“"Initial Index Number”") shall be subtracted from the CPI-U index number for the second month immediately preceding the effective date of increase; ii) the resulting amount shall be divided by the Initial Index Number and reduced to a decimal equivalent; iii) the resulting decimal shall be multiplied by the Base Rent. The Base Rent, as adjusted, shall be paid in equal monthly installments as provided in Paragraph paragraph 4(a), above. Adjustments shall not exceed four percent (4%) per annum. If the CPI-U is changed so that the base year differs from that used for the Initial Index Number, the CPI-U shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the CPI-U is discontinued or revised during the term of this Lease or any renewal termLease, such other government government, index or computation with which it is replaced shall be used in order to obtain substantially the same results as would be obtained if the CPI-U had not been discontinued or revised.

CPI Adjustments. The Base Rent paid by Tenant shall be adjusted upward, but never downward, effective as of the first ---------------- anniversary of the Commencement Date (or the first day of the thirteenth month after the Commencement Date in the event the Commencement Date is a date other than the first day of a calendar month) and on the same day of each year thereafter during the term and any renewal term of this Lease to reflect the increase, if any, in the Consumer Price Index (All Cities, All Urban Consumers, All Items, 1982-1984=100) (subsequently referred to as “"CPI-U”") or its successor Consumer Price Index, as published by the United States Bureau of Labor Statistics. This adjustment shall be computed by adding to the Base Rent an amount determined as follows: (i) the CPI-U index number for second month preceding the Commencement Date (“"Initial Index Number”") shall be subtracted from the CPI-U index number for the second month immediately preceding the effective date of increase; (ii) the resulting amount shall be divided by the Initial Index Number and reduced to a decimal equivalent; (iii) the resulting decimal shall be multiplied by the Base Rent. In no event, however, shall the Rent increase by more than four percent (4%) per year on a cumulative basis. The Base Rent, as adjusted, shall be paid in equal monthly installments as provided in Paragraph 4(a), above. Adjustments shall not exceed four percent (4%) per annum. If the CPI-U is changed so that the base year differs from that used for the Initial Index Number, the CPI-U shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the CPI-U is discontinued or revised during the term of this Lease or any renewal term, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same results as would be obtained if the CPI-U had not been discontinued or revised.

CPI Adjustments. The Base Rent paid by Tenant If the Initial Term of this Agreement is renewed as set forth in Section 4(b) above, the License Fee will be adjusted as of September 1 (the "CPI Adjustment Date") preceding the 2017-2018 and 2018-2019 seasons to reflect any cost of living increases. There shall be a CPI adjustment to the License Fee during the Initial Term. If applicable, to determine the amount of the first CPI adjustment on September 1 preceding the 2017-2018 season, the License Fee shall be adjusted upward, but never downward, effective as by applying to the License Fee amount an increase equal to the product of the first anniversary of License Fee multiplied by the Commencement Date (or the first day of the thirteenth month after the Commencement Date in the event the Commencement Date is a date other than the first day of a calendar month) and on the same day of each year thereafter during the term and any renewal term of this Lease to reflect the increase, if any, percentage change in the Consumer Price Index (All Cities, All Urban Consumers, All Items, 1982-1984=100) (subsequently referred to as “CPI-U”) or its successor Consumer Price Index, as published by covering the United States Bureau period from commencement of Labor Statistics. This adjustment shall be computed by adding to the Base Rent an amount determined as follows: i) the CPI-U index number for second month preceding the Commencement Date (“Initial Index Number”) shall be subtracted from the CPI-U index number for the second month immediately preceding the effective date of increase; ii) the resulting amount shall be divided by the Initial Index Number and reduced to a decimal equivalentTerm through the first CPI Adjustment Date; iii) provided, however, the resulting decimal shall be multiplied by the Base Rent. The Base Rent, as adjusted, shall be paid in equal monthly installments as provided in Paragraph 4(a), above. Adjustments CPI Adjustment shall not exceed four three percent (43%) per annum. If applicable, to determine the CPIamount of the second CPI adjustment on September 1 preceding the 2018-U is changed so that the base year differs from that used for the Initial Index Number2019 season, the CPI-U License Fee shall be converted adjusted by applying to the amount of the License Fee then in accordance with effect an increase equal to the conversion factor published product of such License Fee multiplied by the United States percentage change in the CPI covering the period from the immediately preceding CPI Adjustment Date through the current CPI Adjustment Date; provided, however, the CPI Adjustment shall not exceed three percent (3%) per annum. As used herein, “Consumer Price Index” shall mean the monthly index of the National Consumer Price Index for All Urban Consumers (U.S. City Average – All Items; 1982-1984 = 100) not seasonally adjusted, data series CUUR0000SA0 issued by the U.S. Department of Labor, Bureau of Labor Statistics, or any successor agency of the United States that shall issue such indices. If the CPI-U manner in which the index is discontinued or revised during determined by the term Bureau of this Lease or any renewal term, such other government index or computation with which it is replaced Labor Statistics shall be used in order to obtain substantially the same results as would be obtained revised, or if the CPI-U had not been discontinued index shall become unavailable to the public or reviseddiscontinued, the Parties shall mutually designate, as a substitute therefore, a comparable index based on changes in the cost of living or the purchasing power of the consumer dollar published by another governmental agency, or if no such index shall be available, a comparable index published by a major bank or financial institution or by a university or recognized financial publication.

CPI Adjustments. The Commencing on May 1, 2006, and on such date annually thereafter (the “Adjustment Date”), except as otherwise provided in Section 2.2 with respect to the first year of any renewal term, the Base Rent paid by Tenant payable under this Lease shall be adjusted upward, but never downward, effective as of by the first anniversary of the Commencement Date (or the first day of the thirteenth month after the Commencement Date in the event the Commencement Date is a date other than the first day of a calendar month) and on the same day of each year thereafter during the term and any renewal term of this Lease to reflect the increasechange, if any, from the Base Month (as defined below), in the Consumer Price Index of the Bureau of Labor Statistics of the U.S. Department of Labor for CPI U (All Cities, All Urban Consumers) for Los Angeles – Anaheim – Riverside, All Items, Items (1982-1984=100) (subsequently referred to as the “CPI-U”) or its successor Consumer Price Index, as published by the United States Bureau of Labor Statistics). This adjustment The annual adjustments to Base Rent for each Lease year described in this Paragraph 2 shall be computed by adding to the Base Rent an amount determined calculated as follows: i) the CPI-U index number for second month preceding the Commencement Date (“Initial Index Number”) shall be subtracted from the CPI-U index number The Base Rent payable for the second month immediately preceding the effective date of increase; ii) the resulting amount shall be divided by the Initial Index Number and reduced to a decimal equivalent; iii) the resulting decimal then-current Lease year shall be multiplied by a fraction, the Base Rent. The Base Rent, as adjusted, numerator of which shall be paid the CPI applicable for the month of March occurring prior to the Adjustment Date, and the denominator of which shall be the CPI in equal monthly installments as provided in Paragraph 4(a), above. Adjustments shall not exceed four effect during the immediately preceding Lease year for March 2003 (the “Base Month”) with an annual minimum increase of three percent (43%) and an annual maximum increase of seven percent (7%) per annumyear, except in the first lease year of any renewal term, all as set forth below. If The sum so calculated shall constitute the CPIBase Rent applicable to the next 12-U is changed so that month period under the base Lease, but in no event shall any such new amount of Base Rent be less than the Base Rent payable during the Lease year differs from that used immediately preceding the Adjustment Date, nor shall the annual percentage increase in Base Rent over the Base Rent payable for the Initial Index Number, immediately preceding Lease year be less than three percent (3%) nor more than seven percent (7%) of the CPI-U shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the CPI-U is discontinued or revised Base Rent payable prior to such adjustment during the term of the Lease in any single year, except in the event that there is no annual increase in the first year of either of the renewal options described in Paragraph 1 of this Addendum are exercised, in which case the Base Rent for the first Lease or any year in such renewal term(s) shall be no lesser than the Base Rent in the immediately preceding lease year, then, for the remainder of such Lease renewal term, such other government index or computation with which it is replaced Base Rent shall be used in order to obtain substantially annually adjusted utilizing the same results CPI in the same manner with an annual minimum increase of three percent (3%) and an maximum increase of seven percent (7%) per year. All calculations of percentage changes in the CPI shall be rounded upwards or downwards, as would be obtained if the CPI-U had not been discontinued or revisedapplicable, to two decimal points.

CPI Adjustments. The Base Rent paid by Tenant Option Purchase Price shall be adjusted upwardon each and every anniversary of the Effective Date of this Grant that occurs before the Purchase Option Closing Date (each, but never downwardan “Adjustment Date”). The adjustment shall equal the percentage increase in the CPI Index for the month immediately before the month in which the Adjustment Date occurs over the CPI for the month in which the preceding Adjustment Date occurred (or, effective as in the case of the first anniversary of adjustment, over the Commencement CPI for the month in which the Effective Date (or the first day of the thirteenth month after the Commencement Date in the event the Commencement Date is a date other than the first day of a calendar month) and on the same day of each year thereafter during the term and any renewal term of this Lease to reflect the increaseoccurs), if any, in the Consumer Price Index (All Cities, All Urban Consumers, All Items, 1982-1984=100) (subsequently referred to as “CPI-U”) or its successor Consumer Price Index, as published multiplied by the United States Bureau of Labor Statistics. This adjustment shall be computed by adding to the Base Rent an amount determined as follows: i) the CPI-U index number for second month preceding the Commencement Date (“Initial Index Number”) shall be subtracted from the CPI-U index number for the second month Option Purchase Price that payable immediately preceding the effective date Adjustment Date. In no event shall the Option Purchase Price payable pursuant to the Purchase Option be adjusted downward as a result of increase; ii) a decrease in the resulting amount shall be divided by the Initial Index Number and reduced to a decimal equivalent; iii) the resulting decimal shall be multiplied by the Base RentCPI. The Base Rent, as adjusted, shall be paid in equal monthly installments as provided in Paragraph 4(a), above. Adjustments shall not exceed four percent (4%) per annum. If the term “CPI-U is changed so that the base year differs from that used for the Initial Index Number, the CPI-U shall be converted in accordance with the conversion factor published by ” means the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index (All Urban Consumers, All Items, 1982-1984 = 100) for San Francisco/Oakland/San Xxxx. If the CPI-U CPI is discontinued not published for the specified month, the CPI for the next succeeding month shall be substituted and the Option Purchase Price shall otherwise be computed in accordance with this Section. If the compilation and/or publication of the CPI shall be transferred to any other governmental department or revised during bureau or agency or shall be discontinued, then the term of this Lease or any renewal term, such other government index or computation with which it is replaced most nearly the same as the CPI shall be used in order to obtain substantially the same results as would be obtained if the CPI-U had not been discontinued or revisedmake such calculation.

CPI Adjustments. The Base Rent paid by Tenant minimum monthly rent provided for in Paragraph 4(a) shall be adjusted upward, but never downward, effective as subject to adjustment at the commencement of the first anniversary third year of the Commencement Date (or the first day of the thirteenth month after the Commencement Date in the event the Commencement Date is a date other than the first day of a calendar month) term and on the same day of each year thereafter during (the term and any renewal term of this Lease to reflect "adjustment date"), as follows: The base for computing the increase, if any, in adjustment is the San Francisco-Oakland Consumer Price Index (All Cities, for All Urban Consumers, All Items, 1982-1984=100) (subsequently referred to as “CPI-U”) or its successor Consumer Price Index, as published by the United States Department of Labor, Bureau of Labor StatisticsStatistics ("Index"), that is published for the month in which the term commences ("Base Index"). This If the index that is in effect on the adjustment date ("Extension Index") has increased over the Base Index, the minimum monthly rent for the following year shall be computed set by adding to multiplying the minimum monthly rent set forth in Paragraph 4(a) by a fraction, the numerator of which is the Extension Index and the denominator of which is the Base Rent an amount determined as follows: i) Index. In no case shall the CPI-U index number for second month preceding minimum monthly rent be less than the Commencement Date (“Initial Index Number”) shall be subtracted from the CPI-U index number for the second month immediately preceding the effective date of increase; ii) the resulting amount shall be divided by the Initial Index Number and reduced to a decimal equivalent; iii) the resulting decimal shall be multiplied by the Base Rent. The Base Rent, as adjusted, shall be paid in equal minimum monthly installments as provided rent set forth in Paragraph 4(a), above. Adjustments but in no event shall not the annual increase in rent as a result of this adjustment exceed four percent Six Percent (46%) per annumin any one year. On adjustment of the minimum monthly rent as provided in this Lease, the parties shall immediately execute an amendment to the Lease stating the new minimum monthly rent. If the CPI-U Index is changed so that the base year differs from that used for when the Initial Index Numberterm commences, the CPI-U Index shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics. If the CPI-U Index is discontinued or revised during the term of this Lease or any renewal term, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same results result as would be obtained if the CPI-U Index had not been discontinued or revised. The CPI Adjustments shall continue throughout the Extended Term.