Common use of Adjustments to Base Rent Clause in Contracts

Adjustments to Base Rent. Landlord and Tenant agree that Base Rent payable under this Lease in accordance with Section 3.1 shall be subject to adjustment as set forth in this Section 3.2. Beginning with the second Lease Year, Base Rent shall be adjusted to reflect changes year to year in the Consumer Price Index (“CPI”) as set forth below. The basis for computing the CPI adjustment shall be the unadjusted Consumer Price Index for all Urban Consumers - all Items (1982-84=100) published by the Bureau of Labor Statistics of the United States Department of Labor (the “Index"). The Index for the third calendar month preceding the beginning of the second Lease Year shall be the “Base Index Number.” The Index for the same month in the year of the applicable Adjustment Date shall be the “Current Index Number.” On each anniversary of the Commencement Date during the Term of this Lease (each such date an “Adjustment Date"), Base Rent shall be adjusted as follows (a) by an increase of three percent (3%) of the then current Base Rent or (b) if larger, by adjustment to reflect the increase in the CPI over the preceding Lease Year, not to exceed five percent (5%). If Base Rent is to be increased pursuant to clause (b), the new Base Rent shall be the product obtained by multiplying the Base Rent then in effect (the “Initial Base Rent”) by a fraction the numerator of which is equal to the Current Index Number and the denominator of which is equal to the Base Index Number. If the Index is not in existence at the time of such determination, the parties shall use an equivalent price index as is published by a comparable governmental agency in lieu of the Index or a mutually acceptable similar price index as published by a non-governmental agency.

Appears in 1 contract

Samples: Lease Agreement (Biomimetic Therapeutics, Inc.)

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Adjustments to Base Rent. Landlord and Tenant agree that The monthly Base Rent payable under this Lease in accordance with Section 3.1 shall be subject by Tenant to adjustment Landlord, as set forth in this Section 3.2. Beginning with the second Lease YearLease, Base Rent shall be adjusted to reflect changes year to year effective on the first (1st) day of each of the thirty-first (31st), sixty-first (61st) and ninety-first (91st) month anniversary dates of the Commencement Date of this Lease (each an "Adjustment Date"), in accordance with the percentage increase, if any, in the Consumer Price Index (“CPI”) as set forth below. The basis for computing the CPI adjustment shall be the unadjusted "Consumer Price Index for all Urban Consumers - all Items Wage Earners and Clerical Workers (CPI-W) for Los Angeles-Riverside-Orange County, California" (Base: 1982-84=100) 1984=100), as published by the Bureau of Labor Statistics of the United States Department of Labor, Bureau of Labor Statistics (the “"Index"). The Index for the third calendar month preceding the beginning of the second Lease Year shall be the “monthly Base Index Number.” The Index for the same month in the year of the applicable Rent payable on each Adjustment Date shall be the “Current product of the monthly Base Rent in effect on the last day preceding each Adjustment Date and the fraction described below. The denominator of such fraction shall be the Index Number.” On each anniversary of in effect one (1) month prior to the Commencement Date during of the Term of this Lease (each such date an “or the last Adjustment Date, as the case may be ("Base Index"), . The numerator of such fraction shall be the Index in effect one (1) month prior to the last day preceding each Adjustment Date ("Adjustment Index"). The monthly Base Rent shall be adjusted as follows (a) by increased and paid thereafter in accordance with the percentage increase, if any, between such Indices; provided, however, in no event shall such increase, on an increase of three annual basis, be less than two percent (32%) of the then current Base Rent or (b) if larger, by adjustment to reflect the increase in the CPI over the preceding Lease Year, not to exceed more than five percent (5%). If Base Rent Should said Bureau discontinue the publication of the above Index, or the compilation of the Index be materially altered, or publish the same less frequently, or vary the method of calculation of same, or alter the same in some other manner, then Landlord shall adopt a substitute index which is to be increased pursuant to clause (b)most nearly the same or substitute procedure which reasonably reflects and monitors consumer prices, the new Base Rent and shall be the product obtained by multiplying the Base Rent then in effect (the “Initial Base Rent”) by a fraction the numerator of which is equal used to the Current Index Number and the denominator of which is equal to the Base Index Numbermake such calculation. If the Index is changed so that the base year differs from that in effect when the term commences, the Index shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics, or, if said bureau shall not in existence at publish the time same, then with the use of such determinationconversion factor, the parties shall use an equivalent price index formula or table as is may be published by a comparable governmental agency in lieu Prentice Hall Inc. or by any other nationally recognized publisher of similar statistical information. In the event the compilation and/or publication of the Index shall be discontinued or materially altered, then the index most nearly the same as the Index shall be used to make such calculation. In the event Landlord and Tenant cannot agree on such alternative Index, then the matter shall be submitted to the American Arbitration Association in accordance with the then rules of the said Association and a mutually acceptable similar price index decision of the arbitrators as published to the applicable Index shall be binding upon the parties. The cost of said arbitrator shall be paid equally by a non-governmental agency.Landlord and Tenant. Example:

Appears in 1 contract

Samples: Lease Agreement (Exodus Communications Inc)

Adjustments to Base Rent. Landlord and Tenant agree that Base Rent payable under this Lease in accordance with Section 3.1 shall be subject to adjustment as set forth in this Section 3.2. Beginning with the second Lease Year, Base Rent shall be adjusted to reflect changes year to year in the Consumer Price Index ("CPI") as set forth below. The basis for computing the CPI adjustment shall be the unadjusted Consumer Price Index for all Urban Consumers - all Items (1982-84=100) published by the Bureau of Labor Statistics of the United States Department of Labor (the "Index"). The Index for the third calendar month preceding the beginning of the second Lease Year shall be the "Base Index Number." The Index for the same month in the year of the applicable Adjustment Date shall be the "Current Index Number." On each anniversary of the Commencement Date during the Term of this Lease (each such date an "Adjustment Date"), Base Rent shall be adjusted as follows (a) by an increase of three percent (3%) of the then current Base Rent or (b) if larger, by adjustment to reflect the increase in the CPI over the preceding Lease Year, not to exceed five percent (5%). If Base Rent is to be increased pursuant to clause (b), the new Base Rent shall be the product obtained by multiplying the Base Rent then in effect (the "Initial Base Rent") by a fraction the numerator of which is equal to the Current Index Number and the denominator of which is equal to the Base Index Number. If the Index is not in existence at the time of such determination, the parties shall use an equivalent price index as is published by a comparable governmental agency in lieu of the Index or a mutually acceptable similar price index as published by a non-governmental agency.

Appears in 1 contract

Samples: Lease Agreement (Biomimetic Therapeutics, Inc.)

Adjustments to Base Rent. Landlord and Tenant agree that Base Rent payable under this Lease in accordance with Section 3.1 shall be subject to adjustment adjustments as set forth in this Section 3.23.3. Beginning with the second Lease Year, Base Rent shall be adjusted to reflect changes year to year in the Consumer Price Index (“CPI”) as set forth below. The basis for computing the CPI adjustment shall be the unadjusted Consumer Price Index for all Urban Consumers - all Items (1982-84=100) published by the Bureau of Labor Statistics of the United States Department of Labor (the “Index"). The Index for the third calendar month preceding the beginning of the second Lease Year shall be the “Base Index Number.” The Index for the same month in the year of the applicable Adjustment Date shall be the “Current Index Number.” On each anniversary of the Commencement Date during the Term of this Lease (each such date an “Adjustment Date"), Base Rent shall be adjusted as follows (a) by an increase of three percent (3%) of the then current Base Rent or (b) if larger, by adjustment to reflect the increase in the CPI over the preceding Lease Year, not to exceed five percent (5%). If Base Rent is to be increased pursuant to clause (b), the new Base Rent shall be the product obtained by multiplying the Base Rent then in effect (the “Initial Base Rent”) by a fraction the numerator of which is equal to the Current Index Number and the denominator of which is equal to the Base Index Number. If the Index is not in existence at the time of such determination, the parties shall use an equivalent price index as is published by a comparable governmental agency in lieu of the Index or a mutually acceptable similar price index as published by a non-governmental agency.

Appears in 1 contract

Samples: Lease Agreement (Biomimetic Therapeutics, Inc.)

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Adjustments to Base Rent. Landlord and Tenant agree that Base Rent payable under this Lease in accordance with Section 3.1 shall be subject to adjustment as set forth in this Section 3.2. Beginning with On the second Lease Year, Base Rent shall be adjusted to reflect changes year to year in the Consumer Price Index (“CPI”) as set forth below. The basis for computing the CPI adjustment shall be the unadjusted Consumer Price Index for all Urban Consumers - all Items (1982-84=100) published by the Bureau of Labor Statistics first anniversary of the United States Department of Labor (the “Index"). The Index for the third calendar month preceding the beginning of the second Lease Year shall be the “Base Index Number.” The Index for the same month in the year of the applicable Adjustment Commencement Date shall be the “Current Index Number.” On and each anniversary of the Commencement Date during the Term of this Lease (each such date an “Adjustment Date")Term, and any Extended Term, the Base Rent shall be adjusted increased based on the increase in CPI (as follows (adefined below) since the Commencement Date; provided, however, in no event shall such new Base Rent increase by an increase of less than three percent (3%) of the then current Base Rent or (b) if larger, by adjustment to reflect the increase in the CPI over the preceding Lease Year, not to exceed and no more than five percent (5%). If Base Rent is As used herein, the term “CPI” shall mean and refer to be increased pursuant to clause the Consumer Price Index of the Bureau of Labor Statistics of the Department of Labor for All Urban Consumers, (b1982-84 = 100), “All Items,” for Los Angeles/Riverside/Orange County, California Area. The base for computing the new Base Rent adjustment shall be the product obtained CPI for the month which is three (3) months prior to the Commencement Date, and the Index to be used to determine the adjustment shall be the Index published for the month which is three (3) months prior to the adjustment date (“Extension Index”). The adjustment shall be set by multiplying the then applicable Base Rent then in effect (the “Initial Base Rent”) by a fraction fraction, the numerator of which is equal to the Current Index Number extension index and the denominator of which is equal to the Base Index Numberbeginning index. If In the Index is not in existence at event the time of such determination, the parties shall use an equivalent price index as is published by a comparable governmental agency in lieu compilation and/or publication of the Index CPI shall be transferred to any other governmental department or bureau or agency or shall be discontinued, then the index most nearly the same as the CPI shall be used to make such calculations. On adjustment of the monthly rent provided in this Lease, Landlord shall send notice to Tenant regarding such adjustment, but failure to do so shall not constitute a mutually acceptable similar price index as published by a non-governmental agencywaiver of Landlord’s right to collect the increased amount.

Appears in 1 contract

Samples: Office Lease (Mission Community Bancorp)

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