Common use of Adjustment of USE CHARGE Clause in Contracts

Adjustment of USE CHARGE. 1. The USE CHARGE shall be increased annually, up to the maximum amount set forth below, to equal the greater of: (i) 4% of the then current USE CHARGE, or (ii) the extent of any percentage change which occurred in the Consumer Price Index (All Items, Base 1982-84 = 100) as published by the United States Department of Labor, Bureau of Labor Statistics for All Consumers for the San Francisco-Oakland-San ▇▇▇▇ Metropolitan area (hereinafter “CPI”). The percentage change in the CPI shall be calculated by a fraction, the denominator of which is the CPI in effect as of the calendar month fourteen (14) full months prior to the adjustment date, and the numerator of which is the CPI in effect two (2) full months prior to the adjustment date. 2. The rate for the option period will increase from the execution date to the date beginning the five year option term by the greater of twenty one and seven tenths percent (21.7% based on a compounded rate increase of 4% per annum) or the total increase in the Consumer Price Index All Urban Consumers for the San Francisco-Oakland Metropolitan Area. 3. If the Department of Labor discontinues publishing the index mentioned above, CITY may use a comparable index to calculate the percentage change in the CPI. 4. The USE CHARGE adjustment shall occur on each Anniversary Date. 5. Should COMPANY enter into an agreement for the same, or substantially similar, ANTENNA FACILITIES with another Governmental Entity for use of any structure owned by such Governmental Entity anywhere in the San Francisco-Oakland-San ▇▇▇▇ Metropolitan Area as defined by the Bureau of Labor Statistics for its CPI Index which agreement requires COMPANY to pay higher use rates (“Higher Use Rate”) than the rate then in effect hereunder, COMPANY shall so notify CITY within thirty (30) days of the effective date of such agreement. In the event COMPANY enters into such an agreement, COMPANY shall begin paying such Higher Use Rate to CITY within sixty (60) of the effective date of such agreement. The first payment shall be made in one lump sum to CITY and shall be equal to the Higher Use Rate for the period beginning on the effective date of the agreement with the Governmental Entity and ending on the following Anniversary Date less the amount then already paid for the same period. For each year thereafter, COMPANY shall pay annually to CITY the Higher Use Rate. For purposes of this Agreement, “Governmental Entity” shall mean any federal, state or local government agency thereof, including, but not limited to, Federal and State Governments or Feral and State Governmental entities, all County and Municipal Governments, Redevelopment Agencies, and governmental transit authorities. The provisions of this paragraph shall not apply to extensions of existing contracts between Government Entities and COMPANY, which are in effect as of Commencement Date.

Adjustment of USE CHARGE. 1. The USE CHARGE shall be increased annuallyannually on July 1 (each DJUSTMENT DATE, up to the maximum amount set forth below, to equal the greater of: (i) 4% of the then current USE CHARGE, or (ii) the extent of any percentage change which occurred in the Consumer Price Index (All Items, Base 1982-84 = 100) as published by the United States Department of Labor, Bureau of Labor Statistics for All Consumers for the San Francisco-Oakland-San ▇▇▇▇ Metropolitan area (hereinafter “CPI”). The percentage change in the CPI shall be calculated by a fraction, the denominator of which is the CPI in effect as of the calendar month fourteen (14) full months prior to the adjustment dateAdjustment Date, and the numerator of which is the CPI in effect two (2) full months prior to the adjustment dateAdjustment Date. 2. The rate for the option period will increase from the execution date EFFECTIVE DATE to the date beginning the five year option term by the greater of twenty one and seven tenths percent (21.7% based on a compounded rate increase of 4% per annum) or the total increase in the Consumer Price Index All Urban Consumers for the San Francisco-Francisco- Oakland Metropolitan Area. 3. If the Department of Labor discontinues publishing the index mentioned above, CITY may use a comparable index to calculate the percentage change in the CPI. 4. The USE CHARGE adjustment shall occur on each Anniversary Adjustment Date. 5. Should COMPANY enter into an agreement for the same, or substantially similar, ANTENNA FACILITIES with another Governmental Entity GOVERNMENTAL ENTITY for use of any structure owned by such Governmental Entity GOVERNMENTAL ENTITY anywhere in the San Francisco-Francisco- Oakland-San ▇▇▇▇ Metropolitan Area as defined by the Bureau of Labor Statistics for its CPI Index which agreement requires COMPANY to pay higher use rates (“Higher Use Rate”) than the rate then in effect hereunder, COMPANY shall so notify CITY USE RATE within thirty (30) days of the effective date of such agreement. In the event COMPANY enters into such an agreement, COMPANY shall begin paying such Higher Use Rate HIGHER USE RATE to CITY within sixty (60) days of the effective date of such agreement. The first payment shall be made in one lump sum to CITY and shall be equal to the Higher Use Rate HIGHER USE RATE for the period beginning on the effective date of the agreement with the Governmental Entity GOVERNMENTAL ENTITY and ending on the following Anniversary Adjustment Date less the amount then already paid for the same period. For each year thereafter, COMPANY shall pay annually to CITY the Higher Use RateHIGHER USE RATE. For purposes of this Agreement, “Governmental Entity” shall mean any federal, GOVERNMENTAL ENTITY state or local government agency thereof, including, but not limited to, Federal and State Governments or Feral Federal and State Governmental entities, all County and Municipal Governments, Redevelopment Agencies, and governmental transit authorities. The provisions of this paragraph shall not apply to extensions of existing contracts between Government Entities GOVERNMENT ENTITIES and COMPANY, which are in effect as of Commencement DateEFFECTIVE DATE.

Adjustment of USE CHARGE. 1. The USE CHARGE shall be increased annually, up to the maximum amount set forth below, to equal the greater of: (i) 4% of the then current USE CHARGE, or (ii) the extent of any percentage change which occurred in the Consumer Price Index (All Items, Base 1982-84 = 100) as published by the United States Department of Labor, Bureau of Labor Statistics for All Consumers for the San Francisco-Oakland-San ▇▇▇▇ Metropolitan area (hereinafter “CPI”). The percentage change in the CPI shall be calculated by a fraction, the denominator of which is the CPI in effect as of the calendar month fourteen (14) full months prior to the adjustment date, and the numerator of which is the CPI in effect two (2) full months prior to the adjustment date. 2. The rate for the option period will increase from the execution date to the date beginning the five year option term by the greater of twenty one and seven tenths percent (21.7% based on a compounded rate increase of 4% per annum) or the total increase in the Consumer Price Index All Urban Consumers for the San Francisco-Oakland Metropolitan Area. 3. If the Department of Labor discontinues publishing the index mentioned above, CITY may use a comparable index to calculate the percentage change in the CPI. 43. The USE CHARGE adjustment shall occur on each Anniversary Date. 54. Should COMPANY enter into an agreement for the same, or substantially similar, ANTENNA FACILITIES with another Governmental Entity for use of any structure owned by such Governmental Entity anywhere in the San Francisco-Oakland-San ▇▇▇▇ Metropolitan Area as defined by the Bureau of Labor Statistics for its CPI Index which agreement requires COMPANY to pay higher use rates (“Higher Use Rate”) than the rate then in effect hereunder, COMPANY shall so notify CITY within thirty (30) days of the effective date of such agreement. In the event COMPANY enters into such an agreement, COMPANY shall begin paying such Higher Use Rate to CITY within sixty (60) of the effective date of such agreement. The first payment shall be made in one lump sum to CITY and shall be equal to the Higher Use Rate for the period beginning on the effective date of the agreement with the Governmental Entity and ending on the following Anniversary Date less the amount then already paid for the same period. For each year thereafter, COMPANY shall pay annually to CITY the Higher Use Rate. For purposes of this Agreement, “Governmental Entity” shall mean any federal, state or local government agency thereof, including, but not limited to, Federal and State Governments or Feral and State Governmental entities, all County and Municipal Governments, Redevelopment Agencies, and governmental transit authorities. The provisions of this paragraph shall not apply to extensions of existing contracts between Government Entities and COMPANY, which are in effect as of Commencement Date.