Common use of RENTAL ADJUSTMENT Clause in Contracts

RENTAL ADJUSTMENT. If the Index in an Anniversary Month shall exceed the Base Index, then the Rent payable for the ensuing calendar year, and thereafter until a new index comparative statement is sent to Lessee, shall be increased by an amount equal to the Percentage Increase multiplied by the Annual Rent set forth in the first sentence of Article 4. At any time after January 1st of the said ensuing calendar year, Lessor shall send Lessee an index comparative statement setting forth (a) the Index in the Anniversary Month preceding the date of the statement, (b) the Base Index, (c) the Percentage Increase, and (d) the increase in the Annual Rent. On the first day of the calendar month (“current month”) following the month in which the Index comparative statement was sent (i) Lessee shall pay to Lessor a sum equal to one-twelfth of said Increase in the Annual Rent multiplied by the number of calendar months of the Lease term then elapsed since said January 1st, and (ii) thereafter, commencing with the current month and continuing monthly thereafter until a different index comparative statement is sent to Lessee, the monthly installments of rent shall be increased by an amount equal to one-twelfth of said increase. In the event the last mentioned increased monthly installments of rent shall continue beyond the end of the calendar year for which such payments were payable, any necessary adjustment will be made when the next succeeding index comparative statement is sent to Lessee. In no event shall the rent computed for any Lease Year be less than the rent for any prior Lease Year.

RENTAL ADJUSTMENT. If The Monthly Installment shall be adjusted at the Index beginning of the thirty-first (31st) month following the Commencement Date and every thirty (30) months thereafter during the Initial Lease Term (the "RENTAL ADJUSTMENT DATES"), to reflect any increase in an Anniversary Month shall exceed the Base Indexcost of living. The adjustment or adjustments, then the Rent payable for the ensuing calendar year, and thereafter until a new index comparative statement is sent to Lesseeif any, shall be calculated upon the basis of the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index for All-Urban Consumers, for San Francisco-Oakland-San Jose (0082 - 1984 = 100), hereafter referred to as the "INDEX." The last published Index in effect on the Commencement Date shall be considered the "BASE". On each Rental Adjustment Date, the Monthly Installment then in effect shall be increased by to an amount equal to the Percentage Increase multiplied by the Annual Rent set forth Monthly Installment in effect as of the first sentence of Article 4. At any time after January 1st of the said ensuing calendar year, Lessor shall send Lessee an index comparative statement setting forth (a) the Index in the Anniversary Month preceding the date of the statement, (b) the Base Index, (c) the Percentage Increase, and (d) the increase in the Annual Rent. On the first day of the calendar full month (“current month”) following the month in which the Index comparative statement was sent (i) Lessee shall pay to Lessor a sum equal to one-twelfth of said Increase in the Annual Rent multiplied by the number of calendar months of the Lease term then elapsed since said January 1stTerm multiplied by a fraction, the numerator of which is the Index as of such Rental Adjustment Date, and (ii) thereafter, commencing with the current month and continuing monthly thereafter until a different index comparative statement denominator of which is sent to Lesseethe "Base"; provided, the monthly installments of rent Monthly Installment shall be increased not increase by an amount equal to one-twelfth of said increase. In the event the last mentioned increased monthly installments of rent shall continue beyond the end of the calendar year for which such payments were payable, any necessary adjustment will be made when the next succeeding index comparative statement is sent to Lessee. In no event shall the rent computed for any Lease Year be less than three percent (3%) per annum compounded annually or greater than seven percent (7%) per annum compounded annually on each Rental Adjustment Date. When the rent for adjusted Monthly Installment is determined upon each Rental Adjustment Date, Landlord shall give Tenant written notice to that effect indicating how the new Monthly Installment figure was computed in accordance with this Subparagraph 4.B.(ii). If the Index does not exist on any prior Lease YearRental Adjustment Date in the same format as referred to in this paragraph, Landlord shall substitute (using conversion factors, as appropriate) in lieu thereof the index most nearly comparable to the Index then published by the Bureau of Labor Statistics, or successor or similar governmental agency, or if no governmental agency then publishes an index, Landlord shall substitute therefor the most nearly comparable index then published by a reputable private organization.

RENTAL ADJUSTMENT. If the Index in an Anniversary Month shall exceed the The monthly Base Index, then the Rent payable for hereunder shall be adjusted as of April 1, 1996 and as of April 1 of each successive year (each such date herein called a "Rental Adjustment Date") during the ensuing calendar yearterm of this Lease to reflect any changes in the cost of living. The adjustment or adjustments, and thereafter until a new index comparative statement is sent to Lesseeif any, shall be increased by an amount equal to calculated upon the Percentage Increase multiplied by the Annual Rent set forth in the first sentence of Article 4. At any time after January 1st basis of the United States Department of Labor, Bureau of Labor Statistics CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS, FOR SAN FRANCISCO-OAKLAND-SAN JOSE (1982-84=100), hereafter referred to as the "Index". The Index for said ensuing calendar yearsubgroup most recently published as of April 1, Lessor 1995 shall send Lessee an index comparative statement setting forth (a) be considered the Index in the Anniversary Month preceding the date of the statement, (b) the Base Index, (c) the Percentage Increase, and (d) the increase in the Annual Rent"base". On the first day of the calendar month (“current month”) following the month in which the Index comparative statement was sent (i) Lessee shall pay to Lessor a sum equal to one-twelfth of said Increase in the Annual Rent multiplied by the number of calendar months of the Lease term then elapsed since said January 1st, and (ii) thereafter, commencing with the current month and continuing monthly thereafter until a different index comparative statement is sent to LesseeRental Adjustment Date, the monthly installments of rent Base Rent shall be increased adjusted by an amount equal to one-twelfth of said the percentage increase. In , if any, in the event the last mentioned increased monthly installments of rent shall continue beyond the end Index as of the calendar year for Rental Adjustment Date, over the base. On each subsequent Rental Adjustment Date, the monthly Base Rent (as previously adjusted) shall be further adjusted by the percentage increase, if any, in the Index as of the Rental Adjustment Date over the Index as of the preceding Rental Adjustment Date. When the Base Rent is determined upon the Rental Adjustment Date, Landlord shall give Tenant written notice to that effect indicating how the new Base Rent figure was computed in accordance with this paragraph. If the Index does not exist on any Rental Adjustment Date in the same format as referred to in this paragraph, Landlord shall substitute in lieu thereof an index reasonably comparable to the Index referred to above which such payments were payableis then published by the Bureau of Labor Statistics, or by a successor or similar governmental agency, or, if no governmental agency then publishes an index, Landlord shall substitute therefor any necessary adjustment will be made when commonly accepted index designed to reflect changes in the next succeeding index comparative statement cost of living which is sent to Lessee. In no event shall the rent computed for any Lease Year be less than the rent for any prior Lease Yearpublished by a reputable private organization.

RENTAL ADJUSTMENT. Beginning thirty (30) months after the Commencement Date, and every thirty (30) months thereafter, the then payable Base Monthly Rent shall be subject to adjustment based on the increase, if any, in the Consumer Price Index ("Adjustment Date"). The basis for computing the adjustment shall be the U.S. Department of Labor, Bureau of Labor Statistic's Consumer Price Index for All Urban Consumers, All Items, 1982-84=100, for the San Francisco-Oakland-San Xxxx area ("Index"). The Index most recently published preceding the commencement of the Lease (or previous Adjustment Date, as applicable), shall be considered the "Base Index". If the Index in an Anniversary Month shall exceed most recently published preceding the Adjustment Date ("Comparison Index") is greater than the Base Index, the then the payable Base Monthly Rent payable for the ensuing calendar year, and thereafter until a new index comparative statement is sent to Lessee, shall be increased by an amount equal to multiplying the Percentage Increase multiplied then payable Base Monthly Rent by a fraction, the Annual Rent set forth in numerator of which is the first sentence Comparison Index and the denominator of Article 4. At any time after January 1st of the said ensuing calendar year, Lessor shall send Lessee an index comparative statement setting forth (a) the Index in the Anniversary Month preceding the date of the statement, (b) which is the Base Index. Notwithstanding any subsequent decrease in the Index, (c) the Percentage Increase, and (d) the increase in the Annual Rent. On the first day of the calendar month (“current month”) following the month in which the Index comparative statement was sent (i) Lessee shall pay to Lessor a sum equal to one-twelfth of said Increase in the Annual Rent multiplied by the number of calendar months of the Lease term then elapsed since said January 1st, and (ii) thereafter, commencing with the current month and continuing monthly thereafter until a different index comparative statement is sent to Lessee, the monthly installments of rent shall be increased by an amount equal to one-twelfth of said increase. In the event the last mentioned increased monthly installments of rent shall continue beyond the end of the CPI for any calendar year for which such payments were payable, any necessary adjustment will be made when the next succeeding index comparative statement is sent to Lessee. In no event shall the rent computed for any Lease Year never be less than three percent (3%) per year nor more than six percent (6%) per year. On adjustment of the rent for any prior Base Monthly Rent Landlord shall notify Tenant by letter stating the new Base Monthly Rent. Landlord's calculation of the Base Monthly Rent escalation shall be conclusive and binding unless Tenant objects to said calculation within a thirty (30) day period following receipt of such determination from Landlord. If the Index base year is changed so that it differs from 1982-84=100, 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 Lease YearTerm, 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 or revised.

RENTAL ADJUSTMENT. If The Monthly Installment shall be ----------------- adjusted at the Index beginning of the thirty-first (31st) month following the Commencement Date and every thirty (30) months thereafter during the Initial Lease Term (the "RENTAL ADJUSTMENT DATES"), to reflect any increase in an Anniversary Month shall exceed the Base Indexcost ----------------------- of living. The adjustment or adjustments, then the Rent payable for the ensuing calendar year, and thereafter until a new index comparative statement is sent to Lesseeif any, shall be calculated upon the basis of the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index for All-Urban Consumers, for San Francisco-Oakland-San Xxxx (1982 - 1984 = 100), hereafter referred to as the "INDEX." The last ----- published Index in effect on the Commencement Date shall be considered the "BASE". On each Rental Adjustment Date, the Monthly Installment then in effect ---- shall be increased by to an amount equal to the Percentage Increase multiplied by the Annual Rent set forth Monthly Installment in effect as of the first sentence of Article 4. At any time after January 1st of the said ensuing calendar year, Lessor shall send Lessee an index comparative statement setting forth (a) the Index in the Anniversary Month preceding the date of the statement, (b) the Base Index, (c) the Percentage Increase, and (d) the increase in the Annual Rent. On the first day of the calendar full month (“current month”) following the month in which the Index comparative statement was sent (i) Lessee shall pay to Lessor a sum equal to one-twelfth of said Increase in the Annual Rent multiplied by the number of calendar months of the Lease term then elapsed since said January 1stTerm multiplied by a fraction, the numerator of which is the Index as of such Rental Adjustment Date, and (ii) thereafter, commencing with the current month and continuing monthly thereafter until a different index comparative statement denominator of which is sent to Lesseethe "Base"; provided, the monthly installments of rent Monthly Installment shall be increased not increase by an amount equal to one-twelfth of said increase. In the event the last mentioned increased monthly installments of rent shall continue beyond the end of the calendar year for which such payments were payable, any necessary adjustment will be made when the next succeeding index comparative statement is sent to Lessee. In no event shall the rent computed for any Lease Year be less than three percent (3%) per annum compounded annually or greater than seven percent (7%) per annum compounded annually on each Rental Adjustment Date. When the rent for adjusted Monthly Installment is determined upon each Rental Adjustment Date, Landlord shall give Tenant written notice to that effect indicating how the new Monthly Installment figure was computed in accordance with this Subparagraph 4.B.(ii). If the Index does not exist on any prior Lease YearRental Adjustment Date in the same format as referred to in this paragraph, Landlord shall substitute (using conversion factors, as appropriate) in lieu thereof the index most nearly comparable to the Index then published by the Bureau of Labor Statistics, or successor or similar governmental agency, or if no governmental agency then publishes an index, Landlord shall substitute therefor the most nearly comparable index then published by a reputable private organization.

RENTAL ADJUSTMENT. Beginning twelve (12) months after the Commencement Date, and every twelve (12) months thereafter (an "Adjustment Date"), the then-payable Base Monthly Rent shall be subject to adjustment based on the increase, if any, in the Consumer Price Index that has occurred during the twelve (12) months preceding the then-applicable Adjustment Date. The basis for computing the adjustment shall be the U.S. Department of Labor, Bureau of Labor Statistic's Consumer Price Index for All Urban Consumers, All Items, 1982-84=100, for the San Francisco-Oakland-San Xxxx area ("Index"). The Index most recently published preceding the Commencement Date for the first Adjustment (or previous Adjustment Date, as applicable), shall be considered the "Base Index". If the Index in an Anniversary Month shall exceed most recently published preceding the Adjustment Date ("Comparison Index") is greater than the Base Index, then the then-payable Base Monthly Rent payable for the ensuing calendar year, and thereafter until a new index comparative statement is sent to Lessee, shall be increased by an amount equal to multiplying the Percentage Increase multiplied then-payable Base Monthly Rent by a fraction, the Annual Rent set forth in numerator of which is the first sentence Comparison Index and the denominator of Article 4. At any time after January 1st of the said ensuing calendar year, Lessor shall send Lessee an index comparative statement setting forth (a) the Index in the Anniversary Month preceding the date of the statement, (b) which is the Base Index. On adjustment of the Base Monthly Rent, (c) Landlord shall notify Tenant by letter stating the Percentage Increase, and (d) the increase in the Annual new Base Monthly Rent. On the first day Landlord's calculation of the calendar month Base Monthly Rent escalation shall be conclusive and binding unless Tenant objects to said calculation within thirty (“current month”30) following days of Tenant's receipt from Landlord of such calculation. Landlord's failure to adjust Base Monthly Rent on an Adjustment Date shall not prevent Landlord from retroactively adjusting Base Monthly Rent at any subsequent time during the month in which Lease Term. If the Index comparative statement was sent (i) Lessee base year is changed so that it differs from 1982-84=100, the Index shall pay to Lessor a sum equal to one-twelfth of said Increase be converted in accordance with the Annual Rent multiplied conversion factor published by the number United States Department of calendar months Labor, Bureau of Labor Statistics. If the Index is changed, revised or discontinued for any reason, there shall be substituted in lieu thereof and the term "Consumer Price Index" shall thereafter refer to the most nearly comparable official price index of the Lease term then elapsed since said January 1stUnited States Government in order to obtain substantially the same result as would have been obtained had the original Consumer Price Index been not been discontinued, and (ii) thereafterrevised or changed, commencing with the current month and continuing monthly thereafter until a different which alternative index comparative statement is sent to Lessee, the monthly installments of rent shall be increased selected by an amount equal Landlord and shall be subject to one-twelfth of said increase. In the event the last mentioned increased monthly installments of rent shall continue beyond the end of the calendar year for which such payments were payable, any necessary adjustment will be made when the next succeeding index comparative statement is sent to Lessee. In no event shall the rent computed for any Lease Year be less than the rent for any prior Lease YearTenant's written approval.

RENTAL ADJUSTMENT. If the Index in an Anniversary Month shall exceed the Base Index, then the Rent payable for the ensuing calendar year, and thereafter until a new index Index comparative statement is sent to Lessee, shall be increased by an amount equal to the Percentage Increase multiplied by the Annual Rent set forth in the first sentence of Article 4. At any time after January 1st of the said ensuing calendar year, Lessor shall send Lessee an index comparative statement setting forth (a) the Index in the Anniversary Month preceding the date of the statement, (b) the Base Index, (c) the Percentage Increase, and (d) the increase in the Annual Rent. On the first day of the calendar month (“"current month”") following the month in which the Index index comparative statement was sent (i) Lessee shall pay to Lessor a sum equal to one-twelfth of said Increase increase in the Annual Rent multiplied by the number of calendar months of the Lease term then elapsed since said January 1st, and (ii) thereafter, commencing with the current month and continuing monthly thereafter until a different index comparative statement is sent to Lessee, the monthly installments of rent shall be increased by an amount equal to one-twelfth of said increase. In the event the last mentioned increased monthly installments of rent shall continue beyond the end of the calendar year for which such payments were payable, any necessary adjustment will be made when the next succeeding index comparative statement is sent to Lessee. In no event shall the rent computed for any Lease Year be less than the rent for any prior Lease Year.

RENTAL ADJUSTMENT. On March 1, 2002 and every twenty-four (24) months thereafter (each an "Adjustment Date"), the then payable Net Base Monthly Rent shall be subject to adjustment to based on the increase, if any, in the Consumer Price Index that has occurred during the twenty-four (24) months preceding the then applicable Adjustment Date. The basis for computing the adjustment shall be the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index for all urban consumers, all items, and 1982-1984 = 100 for the San Francisco-Oakland-San Xxxx Area (the "Index"). The Index most recently published preceding the previous Adjustment Date (or, with respect to the first Adjustment Date, the Index for March 1, 2000) shall be the "Base Index". If the Index in an Anniversary Month shall exceed most recently published preceding the Adjustment Date ("Comparison Index") is greater that the Base Index, the then the payable Net Base Monthly Rent payable for the ensuing calendar year, and thereafter until a new index comparative statement is sent to Lessee, shall be increased by an amount equal to multiplying the Percentage Increase multiplied then payable Net Base Monthly Rent by a fraction, the Annual Rent set forth in numerator of which is the first sentence Comparison Index and the denominator of Article 4. At any time after January 1st of the said ensuing calendar year, Lessor shall send Lessee an index comparative statement setting forth (a) the Index in the Anniversary Month preceding the date of the statement, (b) which is the Base Index, (c) the Percentage Increase, and (d) the . Notwithstanding any subsequent decrease or increase in the Annual Rent. On the first day of the calendar month (“current month”) following the month in which the Index comparative statement was sent (i) Lessee shall pay to Lessor a sum equal to one-twelfth of said Increase in the Annual Rent multiplied by the number of calendar months of the Lease term then elapsed since said January 1st, and (ii) thereafter, commencing with the current month and continuing monthly thereafter until a different index comparative statement is sent to LesseeIndex, the monthly installments of rent shall be increased by an amount equal adjustment pursuant to one-twelfth of said increase. In the event the last mentioned increased monthly installments of rent shall continue beyond the end of the this section for any calendar year for which such payments were payable, any necessary adjustment will be made when the next succeeding index comparative statement is sent to Lessee. In no event shall the rent computed for any Lease Year never be less than three percent (3%) nor more than eight percent (8%) per year compounded annually. Upon any adjustment of the rent Net Base Monthly Rent, Landlord shall notify Tenant by letter stating the new Net Base Monthly Rent. Landlord's calculation of the Net Base Monthly Rent escalation shall be conclusive and binding unless Tenant objects to such calculation within sixty (60) days after Tenant's receipt from Landlord of such calculation. Landlord's failure to adjust Net Base Monthly Rent on any Adjustment Date shall not prevent Landlord from retroactively adjusting Net Base Monthly Rent at any subsequent time during the Lease Term. If the Index base year has changed so that it differs from 1984-1984=100, 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 changed, revised or discontinued for any prior Lease Yearreason, there shall be substituted in lieu thereof, and the term "Consumer Price Index" shall thereafter refer to, the most nearly comparable official price index published by the United States Government in order to obtain substantially the same result as would have been obtained had the original Consumer Price Index not been discontinued, revised or changed, which alternative index shall be selected by Landlord and shall be subject to Tenant's written approval.