Common use of RENTAL ADJUSTMENT Clause in Contracts

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 subject to adjustment 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 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 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 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 United 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, revised or changed, which alternative index shall be selected by Landlord and shall be subject to Tenant's written approval.

RENTAL ADJUSTMENT. Beginning twenty four thirty (2430) months after the Commencement Date, and every twenty four thirty (2430) months thereafter (an "Adjustment Date")thereafter, the then-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 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 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 commencement of the first Adjustment 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-then payable Base Monthly Rent shall be increased by multiplying the then-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%) per year nor more than eight six percent (86%) per year compounded annuallyyear. On adjustment of the Base Monthly Rent, 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 a thirty (6030) days of Tenant's day period following receipt from Landlord of such calculation. determination from 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 Statistics. If the Index is changeddiscontinued or revised during the Lease Term, revised such other government index or discontinued for any reason, there computation with which it is replaced 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 United States Government used in order to obtain substantially the same result as would have been be obtained if the index had the original Consumer Price Index been not been discontinued, revised discontinued or changed, which alternative index shall be selected by Landlord and shall be subject to Tenant's written approvalrevised.

RENTAL ADJUSTMENT. Beginning twenty four thirty (2430) months after the Commencement Date, and every twenty four thirty (2430) months thereafter (an "Adjustment Date")thereafter, the then-then payable Base Monthly Rent monthly rent shall be subject to adjustment 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 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-Oakland - San Xxxx area area, ("Index"). The Index most recently published preceding the Commencement Date for commencement of the first Adjustment 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-then payable Base Monthly Rent monthly rent shall be increased by multiplying the then-payable Base Monthly Rent 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 four percent (34%) 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 rent escalation shall be conclusive and binding unless Tenant objects to said calculation within sixty a thirty (6030) days day period. On adjustment of Tenant's receipt from the monthly rent 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 notify Tenant by letter stating the Lease Termnew 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 Statistics. If the Index is changeddiscontinued or revised during the term, revised such other government index or discontinued for any reason, there computation with which it is replaced 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 United States Government used in order to obtain substantially the same result as would have been be obtained if the index had the original Consumer Price Index been not been discontinued, revised discontinued or changed, which alternative index shall be selected by Landlord and shall be subject to Tenant's written approvalrevised.

RENTAL ADJUSTMENT. Beginning twenty four (24) months after the Commencement DateOn March 1, 2002 and every twenty twenty-four (24) months thereafter (each an "Adjustment Date"), the then-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 twenty-four (24) months preceding the then-then applicable Adjustment Date. The basis for computing the adjustment shall be the U.S. United States Department of Labor, Bureau of Labor Statistic's Statistics Consumer Price Index for All Urban Consumersall urban consumers, All Itemsall items, and 1982-84=100, 1984 = 100 for the San Francisco-Oakland-San Xxxx area Area (the "Index"). The Index most recently published preceding the Commencement previous Adjustment Date for (or, with respect to the first Adjustment (or previous Adjustment Date, as applicable)the Index for March 1, 2000) shall be considered the "Base Index". If the Index most recently published preceding the Adjustment Date ("Comparison Index") is greater than that the Base Index, the then-then payable Net Base Monthly Rent shall be increased by multiplying the then-then payable Net 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 or increase in the Index, the increase in the CPI rent adjustment pursuant to this section for any calendar year shall never be less than three percent (3%) nor more than eight percent (8%) per year compounded annually. On Upon any adjustment of the 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 said such calculation within sixty (60) days of after Tenant's receipt from Landlord of such calculation. Landlord's failure to adjust Net Base Monthly Rent on an 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 is has changed so that it differs from 19821984-84=1001984=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 reason, there shall be substituted in lieu thereof thereof, and the term "Consumer Price Index" shall thereafter refer to to, the most nearly comparable official price index of 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 been not been discontinued, revised or changed, which alternative index shall be selected by Landlord and shall be subject to Tenant's written approval.

RENTAL ADJUSTMENT. Beginning twenty four twelve (2412) months after the Commencement Date, and every twenty four twelve (2412) 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 twenty four twelve (2412) 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 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 thirty (6030) 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 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 United 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, revised or changed, which alternative index shall be selected by Landlord and shall be subject to Tenant's written approval.

RENTAL ADJUSTMENT. Beginning Section 4.A of the Lease (Rental Adjustment) shall be replaced with the following: On the twenty four fourth (2424th) months after month following the Second Floor Commencement Date, Date and every twenty four (24) months thereafter thereafter, (an "Adjustment Date"), the then-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 twenty four (24) months preceding the then-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 Jose area ("Index"). 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-then payable Base Monthly Rent shall be increased by multiplying the then-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 four percent (34%) per year compounded annually nor more than eight percent (8%) per year compounded annually. On adjustment of the Base Monthly Rent, 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 a thirty (6030) days of Tenant's 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 Statistics. If the Index is changeddiscontinued or revised during the Lease Term, revised such other government index or discontinued for any reason, there computation with which it is replaced 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 United States Government used in order to obtain substantially the same result as would have been be obtained if the index had the original Consumer Price Index been not been discontinued, revised discontinued or changed, which alternative index shall be selected by Landlord and shall be subject to Tenant's written approvalrevised.