RENTADJUSTMENT(S) STANDARDLEASE ADDENDUM

b.      The monthly rent payable in accordance with paragraph A.1. a. of this Addendum shall be calculated as follows: the Base Rent set forth in paragraph 1.5 of the attached Lease, shall be multiplied by a fraction the numerator of which shall be the CPI of the calendar month 2 months prior to the month(s) specified in paragraph A 1.a. above during which the adjustment is to take effect, and the denominator of which shall be the CPI of the calendar month which is 2 months prior to (select one): the [  ] first month of the term of this Lease as set forth in paragraph 1.3 ("Base Month") or [  ]

(Fill in Other "Base Month"):_________________________________________________________________________. The sum so calculated shall constitute the new monthly rent hereunder, but in no event, shall any such new monthly rent be less than the rent payable for the month immediately preceding the rent adjustment.

c.      In the event the compilation  and/or publication of the  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 calculation.  In the event that the Parties cannot agree on such alternative index, then the matter shall be submitted for decision to the American Arbitration Association in accordance with the then rules of said Association and the decision of the arbitrators shall be binding upon the parties. The cost of said Arbitration shall be paid equally by the Parties.

 

               a.       On (Fill in MRV Adjustment Date(s):________________________________________________________________________________________________________________________________________    
_______________________________________________________________________________________________________________________________________________________________________________
the Base Rent shall be adjusted to the "Market Rental Value" of the property as follows:

         1) Four months prior to each Market Rental Value Adjustment Date described above, the Parties shall attempt to agree upon what the now MRV will be on the adjustment date. If agreement cannot be reached within thirty days, then:

       (a)   Lessor and Lessee shall immediately appoint a mutually acceptable appraiser or broker to establish the new MRV within the next 30 days. Any associated costs will be split equally between the Parties, or

       (b)    Both Lessor and Lessee shall each immediately make a reasonable determination of the MRV and submit such determination, in writing, to arbitration in accordance with the following provisions:

 (i) Within 15 days thereafter, Lessor and Lessee shall each select an [ ] appraiser or [ ] broker ("Consultant" - -check one) of their choice to act as an arbitrator. The two arbitrators so appointed shall immediately select a third mutually acceptable Consultant to act as a third arbitrator.

 (ii) The 3 arbitrators shall within 30 days of the appointment of the third arbitrator reach a decision as to what the actual MRV for the Premises is, and whether Lessor's or Lessee's submitted MRV is the closest thereto. The decision of a majority of the arbitrators shall be binding on the Parties. The submitted MRV which is determined to be the closest to the actual MRV shall thereafter be used by the Parties.

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(iii) If either of the Parties fails to appoint an arbitrator within the specified 15 days, the arbitrator timely appointed by one of them shall reach a decision on his or her own, and said decision shall be binding on the Parties.

(iv) The entire cost of such arbitration shall be paid by the party whose submitted MRV is not selected, i.e., the one that is NOT the closest to the actual MRV.

         2)  Notwithstanding the foregoing,  the new MRV shall not be less than the rent payable for the month immediately preceding the rent adjustment.

b.  Upon the establishment of each New Market Rental Value:

         1)  the new MRV will become the new "Base Rent" for the purpose of calculating any further Adjustments,  and

         2)  the first  month of each Market  Rental Value  term shall  become the  new Base  Month for the purpose  of calculating  any further Adjustments.

The Base Rent shall be increased to the following amounts on the dates set forth below:

 

	On (Fill in FRA Adjustment Date(s):		The New Base Rent shall be:
	June 1, 2008		$ 23,244.44
	June 1, 2009		$ 24,058.00
	June 1, 2010		$ 24,900.03
	June 1, 2011		$ 25,771.53
	June 1, 2012		$ 25,673.53

 

 

 

 

 

  Unless specified otherwise herein, notice of any such adjustments, other than Fixed Rental Adjustments, shall be made as specified in paragraph 23 of the Lease.

         The Brokers shall be paid a Brokerage Fee for each adjustment specified above in accordance with paragraph 15 of the Lease.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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