INDEXATION CLAUSE. The Tenant and the Landlord agree that the purchase value of the agreed main rent and any other fees shall remain unchanged. For this reason, the following indexation agreement shall be concluded:
INDEXATION CLAUSE. Due to the fact that the Agreement is concluded for a period longer than 6 months, the Parties provide for the possibility of changing the Expert's remuneration in the event of a change in the price of materials or costs related to the execution of the order. The change in the Expert's remuneration is calculated on the basis of changes in the consumer price index announced in the announcement of the President of the Central Statistical Office (hereinafter: "XXX"). Change in the Expert's remuneration is understood as both its increase and decrease, depending on the increase or decrease in the prices referred to in paragraph 1. The Parties will be entitled to request a change in the Expert's remuneration when the level of change in the prices of consumer goods and services according to the indicator referred to in paragraph 2 shall not be less than 5 percentage points, subject to paragraph 5. Request for an increase or reduction of the Expert's remuneration may be submitted during the term of the Agreement. The first application may be submitted not earlier than after 6 months from the date of conclusion of this Agreement. Each subsequent application may be submitted not earlier than after the expiry of the next 6 months of the Agreement's validity. The remuneration will be subject to change according to the indicator referred to in paragraph 2 published by the Central Statistical Office in the statement entitled "Selected monthly macroeconomic indicators", available at xxxxx://xxxx.xxx.xx/wskaznikimakroekonomiczne/. The Contracting Entity allows for the maximum increase of the Expert's remuneration at the level of 5% of the gross remuneration specified in Art. paragraph 1. The Contracting Entity allows for the maximum reduction of the Expert's remuneration at the level of 5% of the gross remuneration specified in Art. 5 paragraph 1. When applying for a change in remuneration in accordance with the provisions of this article, the Party is obliged to submit a written, under pain of nullity, application for a change in the amount of remuneration. The application should demonstrate, in particular:
INDEXATION CLAUSE. The Fees are index-adjusted to the monthly Harmonized Index of Consumer Prices (HICP) of the euro area published by the Statistical Office of the European Union (Eurostat/ESTAT). If this index is no longer published, an index replacing it shall apply. If it is no longer possible to use any index calculation at all, the value-hedged price shall be calculated according to analogous principles as they were last decisive for the index calculation. The starting point for this indexation clause shall be the index figure published for the month in which the Agreement is concluded. The price shall be increased annually with effect from 31. January on the basis of the December index of the previous year compared to the December index of the preceding year, whereby the increase shall only amount to half of the change that has taken place. The new index figure shall form the new basis for the calculation of further changes. § 5 Setup
INDEXATION CLAUSE. (1) If the consumer price index officially determined and published by the Federal Statistical Office in Wiesbaden for the Federal Republic of Germany (current basis 2010=100) as compared to the level at the time of conclusion of this contract) increases or decreases by 10% or more, the currently applicable rent shall be changed to reflect the percentage change in the index. The request for adjustment must be asserted in writing by the respective entitled party and comes into force on the first day of the month following the entitled assertion.
INDEXATION CLAUSE. The rent shall also be subject to the following indexation clause: the rent shall be adjusted automatically each year in proportion to the adjustment of the quarterly cost index of the building published by the INSEE. For the first year, the index provided in Chapter V.8 shall be compared to the index for the same quarter of the following year. For the subsequent years, the index selected for prior reassessment and the index of the same quarter for the following year shall be compared. If this index is not available on the anniversary date of the lease, a provisional indexation shall be made based on the last known index. It is hereby stated that this clause constitutes a contractual index. As a result, the legal triennial revision currently provided by Articles L.145-37 and L.145-38 of the Commercial Code (formerly Articles 26 and 27 of the September 30, 1953 decree), which still remains applicable. If the index described in this article ceases to be published by the INSEE, the parties may decide to refer to any other index publication selected, which must be issued by a public or private statistics entity, selected by mutual agreement or, failing such mutual agreement, designated by the President of the Commercial Court. CHAPTER IV – OTHER OBLIGATIONS
INDEXATION CLAUSE. Ändert sich der Verbraucherpreisindex für Deutschland auf der Grundlage des Basisjah- res 2010 = 100 nach den Feststellungen des Statistischen Bundesamtes oder einer Nach- folgeorganisation gegenüber dem Stand zum Beginn des Mietverhältnisses bzw. zum Zeitpunkt der letzten Mietanpassung aufgrund dieser Wertsicherungsklausel um mindestens 5 %, so kann jede Partei eine Anpassung der Miete in dem gleichen prozentualen Verhältnis zum auf den Eingang des Anpassungsverlangens folgenden Monatsbeginn verlangen. If the consumer price index for Germany changes on the basis of the base year 2010 = 100 in accordance with the findings of the Federal Office for Consumer Prices or a successor organisation compared with the status at the beginning of the rental agreement or at the time of the last rent adjustment on the basis of this index clause by at least 5%, each party may make an adjustment of the rent in the same percentage ratio to the amount received.
INDEXATION CLAUSE. Furthermore, rent shall be subject to the following indexation clause: rent shall vary automatically each year in proportion to changes in the quarterly construction cost index published by the French National Institute for Statistical and Economic Studies (INSEE). For the first year, the index stipulated in Article VIII-8 shall be compared with the index for the same quarter in the following year. For subsequent years, the index chosen for the previous reappraisal shall be compared with the index for the same quarter in the following year. In the event that this index is not known at the anniversary date of the Lease Agreement, indexing shall be done provisionally based on the last known index. It is hereby stipulated that this clause entails indexing by agreement between the Parties. As a result, the statutory triennial revision currently prescribed by articles 26 and 27 of the French decree dated 30 September 1953 shall continue to apply at all times. Should the index referred to in this Article no longer be published by the French National Institute for Statistical and Economic Studies, the Parties shall refer to any other publication of the index chosen as provided by a public or private body chosen by joint agreement between the Parties. Failing such an agreement between the Parties, the index shall be designated by the Presiding Magistrate of the Commercial Court of Paris. Should the Parties fail to agree on the choice of expert, an expert shall be appointed by the Landlord/Tenant court at the request of the earliest petitioner.
INDEXATION CLAUSE. The rent shall also be subject to the following indexation clause: it shall vary automatically every year in proportion to the variations in the quarterly index of the cost of construction published by the Institut National de la Statistique et des Etudes Economiques (French National Institute for Statistics and Economic Studies). For the first year, the index as set forth in Chapter I Art. 10 and shall be compared to the index for the same quarter of the following year. For subsequent years, the comparison shall be with indices used for the previous revaluation, and the index for the same quarter of the subsequent year. If such index is not known on the anniversary date of this Lease, a provisional indexation shall be made on the basis of the last known index. If, for any reason, the above-described index used for annual revision of rent should no longer be published, such revision shall be made by taking as a basis either the successor index, or a new index mutually agreed. If agreement cannot be reached on the choice of a new index to be used, the parties hereby agree to accept the decision of an expert appointed by the Presiding Judge of the Tribunal de Grande Instance (High Court of Justice) of the place where the building is located.
INDEXATION CLAUSE. The rent shall automatically be adjusted each year on the date this Lease was signed or on the date it becomes effective if it was signed prior to that date, however only in the event of an increase in proportion to the fluctuations in the quarterly index for construction costs published by INSEE. The comparative index shall be the last known index for the calendar quarter specified in SECTION II – SPECIAL CONDITIONS prior to the indexation and the basic index for the same quarter of the previous year. In the event that the index is modified or replaced, the new index will replace the old index by operation of law under the terms and in accordance with the related coefficients published by INSEE. Failing the above, the replacement index will be determined by an expert designated by the President of the Superior Court in the city where the Leased Premises are located following a request by either party, with the charges and fees imposed by the expert being shared by the Lessor and the Lessee, each party paying half. In the event that the index maintained or that which has replaced it is not yet known at the appropriate time, the rent will be deducted and paid provisionally based on the rent arising from the last implementation of this indexation clause. It is expressly stipulated that this indexation clause constitutes a vital and overriding condition of this Lease without which it cannot be concluded.
