Base Rent Adjustment. (a) The BASE RENT (subject to adjustment as set forth in Section 1.08(a) above) payable during the EXTENDED TERM, subject to the provisions of part (b) of this Section 3.03, shall be increased from the BASE RENT payable immediately prior to the first month of the EXTENDED TERM to the then fair market rental rate determined in connection with part (b) of this Section 3.03.
Base Rent Adjustment. The Base Rent payable hereunder shall be adjusted upward from time to time in accordance with the following provisions:
Base Rent Adjustment. The Base Rent shall be subject to upward revision at the beginning of every lease year during the term of the Lease to compensate for increases in property taxes, insurance premiums, including but not limited to fire and other casualty insurance and public liability insurance, and operating costs of the Building, herein collectively referred to as "Building Costs"; the first such adjustment to be made for the one (1) year period commencing the first day of November, 2007. The amount of the Base Rent Adjustment payable by Tenant during the second year of this Lease and each year thereafter shall not exceed One Hundred and Eight Percent (108%) of the amount paid by Tenant for the prior Lease Year, excluding Property Taxes. In the event that Landlord does not contest increases in Property Taxes, Tenant shall have the right to contest any such increase and shall keep Landlord informed of the steps being taken. Landlord agrees to cooperate fully with Tenant in prosecuting any appeal taken by Tenant as a result of such increase, at no cost or expense to Landlord. To the extent Tenant obtains any reduction as a result of such contest and to the extent such reduction is not applied to Tenant's Proportionate Share of responsibility for such taxes, Tenant shall have the right to recoup from future installments of Base Rent and Base Rent Adjustment all reasonable costs and expenses, including reasonable attorney fees, incurred by Tenant in connection with such contest, provided the same shall not exceed the amount of the reduction in Property Taxes resulting therefrom and further provided and on the condition that Tenant supply documentation in reasonable detail of such costs and expenses. Commencing November 1, 2007, Tenant shall pay, in addition to Tenant's regular monthly rent, one-twelfth (1/12th) of Tenant's pro-rata share of any estimated Comparison Year Building Cost increase over the Base Year Building Costs. Certain variable expenses such as water, electric, trash, and janitorial costs shall be allocated based on occupied square footage or actual expenses if they can be separately determined. The Building property taxes and insurance premiums for the calendar year and the operating costs of the Building for the calendar year in which this Lease commences (2006) shall be considered the "Base Year" Building Costs. Property taxes, insurance premiums and operating costs of the Building for each subsequent year of the lease term shall be considered "Comparison Ye...
Base Rent Adjustment. Service Provider shall, within one hundred twenty (120) days after the end of each Operating Period, furnish Customer with a statement of the Operating Expenses during such year and a computation of the Base Rent Adjustment (“Expense Statement”). Failure of Service Provider to provide such statement within such time period shall not be a waiver of Service Provider’s right to collect any Base Rent Adjustment; provided, however, that notwithstanding any provision contained herein to the contrary, Customer shall have no obligation to pay any amount shown on an Expense Statement unless Customer receives such Expense Statement within one hundred eighty (180) days after the end of the Operating Period to which such Expense Statement applies. If such statement shows that the actual amount Customer owes is more than the estimated Base Rent Adjustment paid by Customer, Customer shall pay the difference to Service Provider within fifteen (15) days after Customer’s receipt of the Expense Statement. If the Expense Statement shows that Customer paid more than the actual amount owed, then, unless otherwise requested by Customer, as provided below, Customer shall receive a credit therefor which shall be applied to the monthly installments of Rent next becoming due under this Service Agreement. Provided, however, that if this Service Agreement has expired, such amount shall be refunded to Customer, and if a credit is due to Customer and this Service Agreement has not expired, then upon Service Provider’s receipt of Customer’s written request, in lieu of providing such credit Service Provider shall refund the amount of such credit to Customer within fifteen (15) days after Service Provider’s receipt of such request. Unless adjusted as a result of an audit by Customer conducted pursuant to the express terms of this Service Agreement, the Operating Expenses and Base Rent Adjustment set forth in the Expense Statement shall be binding upon Customer. Provided, however, that in the event that the Term of this Service Agreement expires, or is terminated pursuant to the terms of this Service Agreement, on a date other than December 31, then, at the option of Service Provider, Service Provider may, either prior to the date on which the Term expires or this Service Agreement is terminated pursuant to the terms of this Service Agreement, or within thirty (30) days thereafter, elect to provide Customer with a revised estimate of the Operating Expenses for the Operating Period in which...
Base Rent Adjustment. Effective as of each annual anniversary of the -------------------- Commencement Date, the Base Rent payable by Tenant for the Premises shall increase to one-hundred four percent (104%) of the Base Rent then in effect for the Premises (without taking into account any temporary rental abatements then in effect).
Base Rent Adjustment. Commencing as of the first day of the thirteenth (13th) full calendar month following the Commencement Date, and continuing on each annual anniversary of such day throughout the remainder of the Lease Term (each such day being referred to as a "Rent Adjustment Date", and including any extension options), the Base Rent shall be adjusted to equal the product of the Base Rent in effect for the calendar month immediately preceding the Rent Adjustment Date multiplied by a fraction, the numerator of which is the Consumer Price Index published for the month immediately preceding the Rent Adjustment Date in question and the denominator of which is the Consumer Price Index published for the month immediately preceding the Commencement Date (with respect to the first rent adjustment) or the immediately preceding Rent Adjustment Date (with respect to each other rent adjustment); provided, however, that in no event shall the Base Rent on a Rent Adjustment Date be less than one hundred two percent (102%), nor more than one hundred six percent (106%) of the Base Rent due for the immediately preceding period. The term "Consumer Price Index" shall mean the Consumer Price Index, for All Urban Consumers, Subgroup "All Items", for the San Francisco-Oakland-San Xxxx Metropolitan Area (Base Year 1982-84=100), which is currently being published by the United States Department of Labor, Bureau of Labor Statistics. If, however, this Consumer Price Index is changed so that the base year is altered from that used as of the Commencement Date, then the Consumer Price Index shall be converted in accordance with the conversion factor published by the United States Department of Labor, Bureau of Labor Statistics, to obtain the same results that would have been obtained had the base year not been changed. If no conversion factor is available or if the Consumer Price Index is otherwise 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 to obtain substantially the same result as would have been obtained had the original Consumer Price Index not been changed, revised or discontinued, which alternative index shall be selected by Lessor and shall be subject to Lessee's approval, which approval will not be unreasonably withheld or delayed.
Base Rent Adjustment. In addition to the Base Rent -------------------- payable by Tenant hereunder, Tenant shall pay to Landlord, as Additional Rent, the Rent Adjustment described in this Section 5.2 without set off or deduction. Until such time as Tenant receives the first Adjustment Statement provided for in clause (C) of this Section 5.2, Tenant shall, commencing on the Commencement Date and on the first (1st) day of each and every month thereafter, make the Initial Monthly Rent Adjustment Deposit specified in Article I hereof.
Base Rent Adjustment. A. Base Rent will be adjusted beginning one year following the Commencement Date (as stated in the Basic Terms) each year thereafter, including any renewal periods, based on the annual percentage change in the Consumer Price Index for All Urban Consumers (“CPI-U”). In no event will the annual adjustment result in Base Rent being less than the amount charged during the prior year or more than 3% above the amount charged during the prior year. The most recent available CPI-U as of first anniversary of the Commencement Date and on an annual basis thereafter for each year of the Term and any renewal terms, calculated over the preceding twelve months, shall be used to adjust the Rent for the next year. The Tenant Improvement Rent shall not be increased by the CPI-U (only the Base Rent).
Base Rent Adjustment. On each anniversary of the Commencement Date the monthly Base Rent shall increase by one hundred dollars ($100.00).
Base Rent Adjustment. The Base Rent Adjustment shall be calculated and paid as follows:
