Common use of UTILITY ADJUSTMENT Clause in Contracts

UTILITY ADJUSTMENT. Section #37.2 of the LEASE, "Utility Adjustment," shall be deleted and replaced with the following: LESSEE shall pay as Additional Rent, one (1) time per year, LESSEE'S proportionate share of any increase in basic utility costs for the Building. The base period shall be January 2005 through December, 2005, during which time the actual utility costs were (TBD). The comparison period shall be defined as the twelve calendar month period directly following the base period and every consecutive twelve calendar month period thereafter. The actual utility costs shall be defined as all Building meter accounts paid by the LESSOR. For the purposes of the utility adjustment, the Utility Building size shall be the actual useable square feet less any space separately metered or submetered or 41,517 square feet and the LESSEE'S pro-rata share is 5.43% which is based on the actual Premises useable square feet divided by the Utility Building size. Since the useable square feet of the Building can change, the above Utility Building size and LESSEE'S pro-rata share is subject to change. The one (1) time per year utility payment, if any, shall be paid by the LESSEE every April 1st , starting April 1, 2007, and shall be calculated as follows: First, before any comparison of utility costs is made, the base period actual utility costs shall be increased by the CPI percentage change using the base period CPI compared to the comparison period CPI to create an "adjusted" base amount. Next, the "adjusted" base amount shall be subtracted from the comparison period actual utility costs. Last, the difference shall be multiplied by the LESSEE'S pro-rata share. This amount will be due and payable as a one (1) time per year Additional Rent charge paid by the LESSEE every April 1st, starting April 1, 2007. An example is as follows: Example

UTILITY ADJUSTMENT. Section #37.2 38.3 of the LEASE, "Utility Adjustment," shall be deleted and replaced with the following: LESSEE shall pay as Additional Rent, one (1) time per year, LESSEE'S proportionate share of any increase in basic utility costs for the Building. The base period shall be January 2005 2006 through December, 2005December 2006, during which time the actual utility costs were $(TBDTo Be Determined). The comparison period shall be defined as the twelve calendar month period directly following the base period and every consecutive twelve calendar month period thereafter. The actual utility costs shall be defined as all Building meter accounts paid by the LESSOR. For the purposes of the utility adjustment, the Utility Building size shall be the actual useable square feet less any space separately metered or submetered or 41,517 20,322 square feet and the LESSEE'S pro-rata share is 5.439.34% which is based on the actual Premises useable square feet divided by the Utility Building size. Since the useable square feet of the Building can change, the above Utility Building size and LESSEE'S pro-rata share is subject to change. Lessor /s/ Lessee /s/ The one (1) time per year utility payment, if any, shall be paid by the LESSEE every April 1st 1st, starting April 1, 20072008, and shall be calculated as follows: First, before any comparison of utility costs is made, the base period actual utility costs shall be increased by the CPI percentage change using the base period CPI compared to the comparison son period CPI to create an "adjusted" base amount. Next, the "adjusted" base amount shall be subtracted from the comparison period actual utility costs. Last, the difference shall be multiplied by the LESSEE'S pro-rata share. This amount will be due and payable as a one (1) time per year Additional Rent charge paid by the LESSEE every April 1st, 1st starting April 1, 2007. 2008, An example is as follows: Example

UTILITY ADJUSTMENT. Section #37.2 of the LEASE, "Utility Adjustment," shall be deleted and replaced with the following: LESSEE shall pay as Additional Rent, one (1) time per year, LESSEE'S ’S proportionate share of any increase in basic utility costs for the Building. The base period shall be January 2005 July 2006 through December, 2005June 2007, during which time the actual utility costs were ($TBD). The comparison period shall be defined as the twelve calendar month period directly following the base period and every consecutive twelve calendar month period thereafter. The actual utility costs shall be defined as all Building meter accounts paid by the LESSOR. For the purposes of the utility adjustment, the Utility Building size shall be the actual useable square feet less any space separately metered or submetered or 41,517 16,930 square feet and the LESSEE'S ’S pro-rata share is 5.4314.3% which is based on the actual Premises useable square feet divided by the Utility Building size. Since the useable square feet of the Building can change, the above Utility Building size and LESSEE'S ’S pro-rata share is subject to change. The one (1) time per year utility payment, if any, shall be paid by the LESSEE every April 1st , starting April 1, 2007, and shall be calculated as follows: annually beginning month thirteen (13) of the LEASE term on the first day of this month. First, before any comparison of utility costs is made, the base period actual utility costs shall be increased by the CPI percentage change using the base period CPI compared to the comparison period CPI to create an "“adjusted" ” base amount. Next, the "“adjusted" ” base amount shall be subtracted from the comparison period actual utility costs. Last, the difference shall be multiplied by the LESSEE'S ’S pro-rata share. This amount will be due and payable as a The one (1) time per year Additional Rent charge utility payment, if any, shall be paid by the LESSEE every April 1st, starting April 1, 2007annually beginning month thirteen (13) of the LEASE term on the first day of this month. An example is as follows: ExampleLESSOR INITIAL /s/ DL LESSEE INITIAL /s/ JH

UTILITY ADJUSTMENT. Section #37.2 of the LEASE, "Utility Adjustment," shall be deleted and replaced with the following: LESSEE shall pay as Additional Rent, one (1) time per year, LESSEE'S ’S proportionate share of any increase in basic utility costs for the Building. The base period shall be January 2005 May, 2013 through DecemberApril, 20052014, during which time the actual utility costs were ($TBD). The comparison period shall be defined as the twelve calendar month period directly following the base period and every consecutive twelve calendar month period thereafter. The actual utility costs shall be defined as all Building meter accounts paid by the LESSOR. For the purposes of the utility adjustment, the Utility Building size shall be the actual useable square feet less any space separately metered or submetered or 41,517 121,739 square feet and the LESSEE'S ’S pro-rata share is 5.438% which is based on the actual Premises useable square feet divided by the Utility Building size. Since the useable square feet of the Building can change, the above Utility Building size and LESSEE'S ’S pro-rata share is subject to change. The one (1) time per year utility payment, if any, shall be paid by the LESSEE every April 1st , starting April 1, 2007, and shall be calculated as follows: annually beginning month thirteen (13) of the LEASE term on the first day of this month. First, before any comparison of utility costs is made, the base period actual utility costs shall be increased by the CPI percentage change using the base period CPI compared to the comparison period CPI to create an "“adjusted" ” base amount. Next, the "“adjusted" ” base amount shall be subtracted from the comparison period actual utility costs. Last, the difference shall be multiplied by the LESSEE'S ’S pro-rata share. This amount will be due and payable as a The one (1) time per year Additional Rent charge utility payment, if any, shall be paid by the LESSEE every April 1st, starting April 1, 2007. An example is as follows: Exampleannually beginning month thirteen

UTILITY ADJUSTMENT. Section #37.2 of the LEASE, "Utility Adjustment," shall be deleted and replaced with the following: LESSEE shall pay as Additional Rent, one (1) time per year, LESSEE'S ’S proportionate share of any increase in basic utility costs for the Building. The base period shall be January 2005 through December, 2005March 2003 to February 2004, during which time the actual utility costs were $ to be determined (TBDthis amount shall be provided to LESSEE after LEASE signing date). The comparison period shall be defined as the twelve calendar month period directly following the base period and every consecutive twelve calendar month period thereafter. The actual utility costs shall be defined as all Building meter accounts paid by the LESSORLessor. For the purposes of the utility adjustment, the Utility Building size shall be the actual useable square feet less any space separately metered or submetered or 41,517 16,930 square feet and the LESSEE'S ’S pro-rata share is 5.439.95% which is based on the actual Premises useable square feet divided by the Utility Building size. Since the useable square feet of the Building can change, the above Utility Building size and LESSEE'S pro-rata ’S prorata share is subject to change. The one (1) time per year utility payment, if any, shall be paid by the LESSEE every April June 1st , starting April June 1, 2007, 2005 and shall be calculated as follows: First, before any comparison of utility costs is made, the adjusted actual entire Building base period actual utility costs cost paid by the Lessor shall be increased by the CPI percentage change using for the base same period CPI compared to the comparison period CPI (see Section 37.1) to create an "“adjusted" ” base amount. Next, the "“adjusted" ” base period utility amount shall be subtracted from the comparison period adjusted actual entire Building utility costscost. Last, the difference shall be multiplied by the LESSEE'S ’S pro-rata share. This amount will be due and payable as a one (1) time per year Additional Rent charge paid by the LESSEE every April 1st, June 1st starting April June 1, 20072005. An example is as follows: Example: