Common use of RENTAL ADJUSTMENT Clause in Contracts

RENTAL ADJUSTMENT. Base Rent shall be increased as of the third (3rd) anniversary of the commencement of the term of this Lease and every other three (3) years thereafter during the term hereof by the percentage of increase, if any, shown by The "Consumer Price Index for the U.S. and Selected Areas for Urban Wage Earners and Clerical Worker, All items (1967 - 100)," Published by the United States Department of Labor, Bureau of Labor Statistic, for the San Francisco, Oakland area (the "Adjusting Index") as compared with the Consumer Price Index for the calendar month immediately preceding the commencement of the term Hereof: (The monthly rent for the following three years shall be set by multiplying the monthly rent for the calendar month Immediately preceding the effective date of the adjustment by a fraction, the numerator of which is the Extension Index and the Denominator of which is the Beginning Index) provided, however, that in no event shall the then current Base Rent be decreased. If any adjustment date shall occur on other than the first (1st) day of any calendar month, the current Base Rent as the first (1st) day of Such month shall be paid on such a day, and Base Rent due on the first (1st) day of the following calendar month shall be adjusted Accordingly for adjustment applicable to the portion of the prior calendar month commencing on such adjustment date. If the Adjusting Index is unavailable on the date on which the first installment of Base Rent as adjusted shall become due, Tenant shall pay The same Base Rent for such installment as the Base Rent for the preceding month, and any adjustment for the change in such installment shall be paid with Base Rent for the following month. If the Bureau of Labor Statistics ceases to use the 1967 average if 100 as the basis of calculation for the Consumer Price Index, then the Consumer Price Index shall be adjusted in accordance with the conversion formula published by the Bureau of Labor Statistics. If at the time required for the determination of the amount of any adjustment in Base Rent, the Consumer Price Index is no longer published or issued, a reliable government or other non partisan publication evaluating the information therefore used in determining the Consumer Price Index shall be used.

RENTAL ADJUSTMENT. On the first day of the thirty-seventh month and again on the first day of the seventy-third month of the Lease Term, (each, an "Adjustment Date"), the then payable Base Monthly Rent shall be increased as of subject to adjustment based on the third (3rd) anniversary of the commencement of the term of this Lease and every other three (3) years thereafter during the term hereof by the percentage of increase, if any, shown by in the Consumer Price Index that has occurred during the thirty six (36) 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 the U.S. and Selected Areas for All Urban Wage Earners and Clerical WorkerConsumers, All items Items, 1982-84=100, for the San Francisco-Oakland-San Xxxx area (1967 - 100"Index")," Published . 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 most recently published preceding the Adjustment Date ("Comparison Index") is greater than the Base Index, the then payable Base Monthly Rent shall be increased by multiplying the then payable Base Monthly Rent by a fraction, the numerator of which is the Comparison Index and the denominator of which is the Base Index. Notwithstanding any subsequent increase or decrease in the Index, the increase in the CPI for any such thirty six (36) month period shall never be less than nine percent (9%) nor more than nineteen percent (19%). On adjustment of the 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 from Landlord of such calculation. 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 Statistic, for the San Francisco, Oakland area (the "Adjusting Index") as compared with the Consumer Price Index for the calendar month immediately preceding the commencement of the term Hereof: (The monthly rent for the following three years shall be set by multiplying the monthly rent for the calendar month Immediately preceding the effective date of the adjustment by a fraction, the numerator of which is the Extension Index and the Denominator of which is the Beginning Index) provided, however, that in no event shall the then current Base Rent be decreased. If any adjustment date shall occur on other than the first (1st) day of any calendar month, the current Base Rent as the first (1st) day of Such month shall be paid on such a day, and Base Rent due on the first (1st) day of the following calendar month shall be adjusted Accordingly for adjustment applicable to the portion of the prior calendar month commencing on such adjustment dateStatistics. If the Adjusting Index is unavailable on discontinued or revised during the date on Lease Term, such other government index or computation with which the first installment of Base Rent as adjusted shall become due, Tenant shall pay The same Base Rent for such installment as the Base Rent for the preceding month, and any adjustment for the change in such installment it is replaced shall be paid with Base Rent for the following month. If the Bureau of Labor Statistics ceases to use the 1967 average if 100 as the basis of calculation for the Consumer Price Index, then the Consumer Price Index shall be adjusted in accordance with the conversion formula published by the Bureau of Labor Statistics. If at the time required for the determination of the amount of any adjustment in Base Rent, the Consumer Price Index is no longer published or issued, a reliable government or other non partisan publication evaluating the information therefore used in determining order to obtain substantially the Consumer Price Index shall same result as would be usedobtained if the index had not been discontinued or revised.

RENTAL ADJUSTMENT. CONSUMER PRICE INDEX On the first day of the second lease year (which lease year shall commence on the first anniversary of the Commencement Date if the Commencement Date is the first day of a calendar month, or on the first day of the first calendar month following the anniversary of the Commencement Date if the Commencement Date is other than the first day of a calendar month), and on the first day of each lease year (including renewals of this Lease Agreement, if any) thereafter until this Lease is terminated as set forth herein, the Base Annual Rent shall be increased adjusted and changed, on a cumulative basis, as of follows: The Base Annual Rent and the third (3rd) anniversary of the commencement of the term of this Lease and every other three (3) years thereafter monthly rental installments payable for each lease year during the term hereof by Lease Term (other than the percentage of increase, if any, shown by The "Consumer Price Index for the U.S. and Selected Areas for Urban Wage Earners and Clerical Worker, All items (1967 - 100)," Published by the United States Department of Labor, Bureau of Labor Statistic, for the San Francisco, Oakland area (the "Adjusting Index"first lease year) as compared with the Consumer Price Index for the calendar month immediately preceding the commencement of the term Hereof: (The monthly rent for the following three years shall be set computed by multiplying the Base Annual Rental (and the monthly rent for the calendar month Immediately preceding the effective date of the adjustment rental installment) as set forth in Article 3 above by a fraction, the numerator of which is shall be the Extension Consumer Price Index and (Urban, the Denominator United States city average for urban wage earners, all items [Base 1982-84 = 100], issued by the Bureau of which is Labor Statistics of the Beginning IndexUnited States Department of Labor) for the second (2nd) full month prior to the Commencement Date of this Lease; provided, however, that in no event shall the then current Base such increase in Annual Rent be decreasedless than five percent ( 5 %) throughout the Lease Term. If any adjustment date shall occur on other than In the first (1st) day of any calendar month, event that the current Base Rent as the first (1st) day of Such month shall be paid on such a day, and Base Rent due on the first (1st) day of the following calendar month shall be adjusted Accordingly for adjustment applicable to the portion of the prior calendar month commencing on such adjustment date. If the Adjusting Consumer Price Index is unavailable on the date on which the first installment of Base Rent as adjusted shall become due, Tenant shall pay The same Base Rent for such installment as the Base Rent for the preceding month, and any adjustment for the change in such installment shall be paid with Base Rent for the following month. If the Bureau of Labor Statistics ceases to use the 1967 1982-84 average if 100 of one hundred (100) as the basis of calculation for calculation, or if a change is made in the terms of particular items contained in the Consumer Price Index, then the Consumer Price Index shall shall, at the discretion of the Lessor, be adjusted to the figure that would have been arrived at had the change in accordance with the conversion formula published by the Bureau manner of Labor Statistics. If at the time required for the determination of the amount of any adjustment in Base Rent, computing the Consumer Price Index in effect at the commencement of the Lease Term not been affected. In the event that such Consumer Price Index (or successor or substitute Consumer Price Index) is no longer published or issuednot available, a reliable government governmental or other non partisan nonpartisan publication evaluating the information therefore purchasing power of money may be used in determining at the Consumer Price Index shall be useddiscretion of Lessor.

RENTAL ADJUSTMENT. Section 4A of the Lease (Rental Adjustment) shall be replaced with the following: On the twenty fourth (24th) month following the Second Floor Commencement Date and every twenty four (24) months thereafter, (an "Adjustment Date"), the then payable Base Monthly Rent shall be increased as of subject to adjustment based on the third (3rd) anniversary of the commencement of the term of this Lease and every other three (3) years thereafter during the term hereof by the percentage of increase, if any, shown by 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 U.S. Department of Labor, Bureau of Labor Statistic's Consumer Price Index for the U.S. and Selected Areas for All Urban Wage Earners and Clerical WorkerConsumers, All items Items, 1982-84=100, for the San Francisco-Oakland-San Xxxx area (1967 - 100"Index")," Published . The Index most recently published preceding the Second Floor Commencement Date for the first Adjustment (or previous Adjustment Date, as applicable), shall be considered the "Base Index". If the Index most recently published preceding the Adjustment Date ("Comparison Index") is greater than the Base Index, the then payable Base Monthly Rent shall be increased by multiplying the then payable Base Monthly Rent by a fraction, the numerator of which is the Comparison Index and the denominator of which is the Base Index. Notwithstanding any subsequent decrease in the Index, the increase in the CPI for any calendar year shall never be less than four percent (4%) per year compounded annually nor more than eight percent (8%) per year compounded annually. On adjustment of the 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 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 Lease Term. 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 Statistic, for the San Francisco, Oakland area (the "Adjusting Index") as compared with the Consumer Price Index for the calendar month immediately preceding the commencement of the term Hereof: (The monthly rent for the following three years shall be set by multiplying the monthly rent for the calendar month Immediately preceding the effective date of the adjustment by a fraction, the numerator of which is the Extension Index and the Denominator of which is the Beginning Index) provided, however, that in no event shall the then current Base Rent be decreased. If any adjustment date shall occur on other than the first (1st) day of any calendar month, the current Base Rent as the first (1st) day of Such month shall be paid on such a day, and Base Rent due on the first (1st) day of the following calendar month shall be adjusted Accordingly for adjustment applicable to the portion of the prior calendar month commencing on such adjustment dateStatistics. If the Adjusting Index is unavailable on discontinued or revised during the date on Lease Term, such other government index or computation with which the first installment of Base Rent as adjusted shall become due, Tenant shall pay The same Base Rent for such installment as the Base Rent for the preceding month, and any adjustment for the change in such installment it is replaced shall be paid with Base Rent for the following month. If the Bureau of Labor Statistics ceases to use the 1967 average if 100 as the basis of calculation for the Consumer Price Index, then the Consumer Price Index shall be adjusted in accordance with the conversion formula published by the Bureau of Labor Statistics. If at the time required for the determination of the amount of any adjustment in Base Rent, the Consumer Price Index is no longer published or issued, a reliable government or other non partisan publication evaluating the information therefore used in determining order to obtain substantially the Consumer Price Index shall same result as would be usedobtained if the index had not been discontinued or revised.

RENTAL ADJUSTMENT. Section 4.A of the Lease (Rental Adjustment) shall be replaced with the following: On the twenty fourth (24th) month following the Second Floor Commencement Date and every twenty four (24) months thereafter, (an "Adjustment Date"), the then payable Base Monthly Rent shall be increased as of subject to adjustment based on the third (3rd) anniversary of the commencement of the term of this Lease and every other three (3) years thereafter during the term hereof by the percentage of increase, if any, shown by 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 U.S. Department of Labor, Bureau of Labor Statistic's Consumer Price Index for the U.S. and Selected Areas for All Urban Wage Earners and Clerical WorkerConsumers, All items Items, 1982-84=100, for the San Francisco-Oakland-San Jose area (1967 - 100"Index")," Published . The Index most recently published preceding the Xxxxnd Floor Commencement Date for the first Adjustment (or previous Adjustment Date, as applicable), shall be considered the "Base Index". If the Index most recently published preceding the Adjustment Date ("Comparison Index") is greater than the Base Index, the then payable Base Monthly Rent shall be increased by multiplying the then payable Base Monthly Rent by a fraction, the numerator of which is the Comparison Index and the denominator of which is the Base Index. Notwithstanding any subsequent decrease in the Index, the increase in the CPI for any calendar year shall never be less than four percent (4%) per year compounded annually nor more than eight percent (8%) per year compounded annually. On adjustment of the 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 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 Lease Term. 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 Statistic, for the San Francisco, Oakland area (the "Adjusting Index") as compared with the Consumer Price Index for the calendar month immediately preceding the commencement of the term Hereof: (The monthly rent for the following three years shall be set by multiplying the monthly rent for the calendar month Immediately preceding the effective date of the adjustment by a fraction, the numerator of which is the Extension Index and the Denominator of which is the Beginning Index) provided, however, that in no event shall the then current Base Rent be decreased. If any adjustment date shall occur on other than the first (1st) day of any calendar month, the current Base Rent as the first (1st) day of Such month shall be paid on such a day, and Base Rent due on the first (1st) day of the following calendar month shall be adjusted Accordingly for adjustment applicable to the portion of the prior calendar month commencing on such adjustment dateStatistics. If the Adjusting Index is unavailable on discontinued or revised during the date on Lease Term, such other government index or computation with which the first installment of Base Rent as adjusted shall become due, Tenant shall pay The same Base Rent for such installment as the Base Rent for the preceding month, and any adjustment for the change in such installment it is replaced shall be paid with Base Rent for the following month. If the Bureau of Labor Statistics ceases to use the 1967 average if 100 as the basis of calculation for the Consumer Price Index, then the Consumer Price Index shall be adjusted in accordance with the conversion formula published by the Bureau of Labor Statistics. If at the time required for the determination of the amount of any adjustment in Base Rent, the Consumer Price Index is no longer published or issued, a reliable government or other non partisan publication evaluating the information therefore used in determining order to obtain substantially the Consumer Price Index shall same result as would be usedobtained if the index had not been discontinued or revised.

RENTAL ADJUSTMENT. Base Rent Beginning thirty (30) months after the Commencement Date, and every thirty (30) months thereafter, the then payable monthly rent shall be increased as of subject to adjustment based on the third (3rd) anniversary of the commencement of the term of this Lease and every other three (3) years thereafter during the term hereof by the percentage of increase, if any, shown by 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 the U.S. and Selected Areas for All Urban Wage Earners and Clerical WorkerConsumers, All items Items, 1982-84=100, for the San Francisco-Oakland - San Xxxx area, (1967 - 100"Index")," Published . 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 most recently published preceding the Adjustment Date ("Comparison Index") is greater than the Base Index, the then payable monthly rent shall be increased by multiplying the monthly rent by a fraction, the numerator of which is the Comparison Index and the denominator of which is the Base Index. Notwithstanding any subsequent decrease in the Index, the increase in the CPI for any calendar year shall never be less than four percent (4%) per year compounded annually nor more than eight percent (8%) per year compounded annually. Landlord's calculation of the rent escalation shall be conclusive and binding unless Tenant objects to said calculation within a thirty (30) day period. On adjustment of the monthly rent Landlord shall notify Tenant by letter stating the new monthly rent. 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 Statistic, for the San Francisco, Oakland area (the "Adjusting Index") as compared with the Consumer Price Index for the calendar month immediately preceding the commencement of the term Hereof: (The monthly rent for the following three years shall be set by multiplying the monthly rent for the calendar month Immediately preceding the effective date of the adjustment by a fraction, the numerator of which is the Extension Index and the Denominator of which is the Beginning Index) provided, however, that in no event shall the then current Base Rent be decreased. If any adjustment date shall occur on other than the first (1st) day of any calendar month, the current Base Rent as the first (1st) day of Such month shall be paid on such a day, and Base Rent due on the first (1st) day of the following calendar month shall be adjusted Accordingly for adjustment applicable to the portion of the prior calendar month commencing on such adjustment dateStatistics. If the Adjusting Index is unavailable on discontinued or revised during the date on term, such other government index or computation with which the first installment of Base Rent as adjusted shall become due, Tenant shall pay The same Base Rent for such installment as the Base Rent for the preceding month, and any adjustment for the change in such installment it is replaced shall be paid with Base Rent for the following month. If the Bureau of Labor Statistics ceases to use the 1967 average if 100 as the basis of calculation for the Consumer Price Index, then the Consumer Price Index shall be adjusted in accordance with the conversion formula published by the Bureau of Labor Statistics. If at the time required for the determination of the amount of any adjustment in Base Rent, the Consumer Price Index is no longer published or issued, a reliable government or other non partisan publication evaluating the information therefore used in determining order to obtain substantially the Consumer Price Index shall same result as would be usedobtained if the index had not been discontinued or revised.

RENTAL ADJUSTMENT. Beginning twenty four (24) months after the Commencement Date, and every twenty four (24) months thereafter (an "Adjustment Date"), the then-payable Base Monthly Rent shall be increased as of subject to adjustment based on the third (3rd) anniversary of the commencement of the term of this Lease and every other three (3) years thereafter during the term hereof by the percentage of increase, if any, shown by 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 U.S. Department of Labor, Bureau of Labor Statistic's Consumer Price Index for the U.S. and Selected Areas for All Urban Wage Earners and Clerical WorkerConsumers, All items Items, 1982-84=100, for the San Francisco-Oakland-San Xxxx area (1967 - 100"Index")," Published . 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 most recently published preceding the Adjustment Date ("Comparison Index") is greater than the Base Index, the then-payable Base Monthly Rent shall be increased by multiplying the then-payable Base Monthly Rent by a fraction, the numerator of which is the Comparison Index and the denominator of which is the Base Index. Notwithstanding any subsequent decrease in the Index, the increase in the CPI for any calendar year shall never be less than three percent (3%) nor more than eight percent (8%) per year compounded annually. On adjustment of the 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 sixty (60) 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 Lease Term. 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 StatisticStatistics. If the Index is changed, revised or discontinued for any reason, there shall be substituted in lieu thereof and the San Francisco, Oakland area (term "Consumer Price Index" shall thereafter refer to the "Adjusting Index") most nearly comparable official price index of the United States Government in order to obtain substantially the same result as compared with would have been obtained had the original Consumer Price Index for the calendar month immediately preceding the commencement of the term Hereof: (The monthly rent for the following three years been not been discontinued, revised or changed, which alternative index shall be set selected by multiplying the monthly rent for the calendar month Immediately preceding the effective date of the adjustment by a fraction, the numerator of which is the Extension Index Landlord and the Denominator of which is the Beginning Index) provided, however, that in no event shall the then current Base Rent be decreased. If any adjustment date shall occur on other than the first (1st) day of any calendar month, the current Base Rent as the first (1st) day of Such month shall be paid on such a day, and Base Rent due on the first (1st) day of the following calendar month shall be adjusted Accordingly for adjustment applicable subject to the portion of the prior calendar month commencing on such adjustment date. If the Adjusting Index is unavailable on the date on which the first installment of Base Rent as adjusted shall become due, Tenant shall pay The same Base Rent for such installment as the Base Rent for the preceding month, and any adjustment for the change in such installment shall be paid with Base Rent for the following month. If the Bureau of Labor Statistics ceases to use the 1967 average if 100 as the basis of calculation for the Consumer Price Index, then the Consumer Price Index shall be adjusted in accordance with the conversion formula published by the Bureau of Labor Statistics. If at the time required for the determination of the amount of any adjustment in Base Rent, the Consumer Price Index is no longer published or issued, a reliable government or other non partisan publication evaluating the information therefore used in determining the Consumer Price Index shall be usedTenant's written approval.