Common use of CALCULATION OF CPI ESCALATION Clause in Contracts

CALCULATION OF CPI ESCALATION. Notwithstanding anything in this Lease to the contrary, any fixed dollar amount referred to in this Lease (including, by way of example, any insurance requirement, threshold for Material Alterations, minimum Fair Market Value for the Premises, etc., but specifically excluding the amount of any fixed Basic Rent payment provided for herein) (each, a "Fixed Amount") shall be increased on the fifth anniversary of the Commencement Date (the "CPI Adjustment Date"), by multiplying such Fixed Amount by the percentage increase, if any, in the Consumer Price Index from that in effect on the Commencement Date to that in effect on the CPI Adjustment Date. For purposes hereof, "Consumer Price Index" shall mean the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor, New York, N.Y. - Northeastern N.J. Area, All Items (1982-84 = 100), or any successor index thereto, appropriately adjusted. In the event that the Consumer Price Index is converted to a different standard reference base or otherwise revised, the determination of adjustments provided for herein shall be made with the use of such conversion factor, formula or table for converting the Consumer Price Index as may be published by the Bureau of Labor Statistics or, if said Bureau shall not publish the same, then with the use of such conversion factor, formula or table as may be published by ▇▇▇▇▇▇▇▇-▇▇▇▇, Inc., or any other nationally recognized publisher of similar statistical information. If the Consumer Price Index ceases to be published, and there is no successor thereto, such other index as Lessor and Lessee shall agree upon in writing shall be substituted for the Consumer Price Index. If Lessor and Lessee are unable to agree as to such substituted index, such matter shall be submitted to the American Arbitration Association or any successor organization for determination in accordance with the regulations and procedures thereof then obtaining for commercial arbitration. XI.2

CALCULATION OF CPI ESCALATION. Notwithstanding anything in this Lease to the contrary, any fixed dollar amount referred to in this Lease (including, by way of example, any insurance requirement, threshold for Material Alterations, minimum Fair Market Value for the Property or the Premises, etc., but specifically excluding the amount of any fixed Basic Rent payment provided for herein) (each, a "Fixed Amount") shall be increased every five (5) years during the term of this Lease, commencing on the fifth anniversary of the Commencement Date and continuing on the date of each succeeding fifth year anniversary (the each, a "CPI Adjustment Date"), by multiplying such Fixed Amount by the percentage increase, if any, in the Consumer Price Index from that in effect on the Commencement Date to that in effect on the relevant CPI Adjustment Date. For purposes hereof, "Consumer Price Index" shall mean the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor, New York, N.Y. - Northeastern N.J. Area, All Items (1982-84 = 100), or any successor index thereto, appropriately adjusted. In the event that the Consumer Price Index is converted to a different standard reference base or otherwise revised, the determination of adjustments provided for herein shall be made with the use of such conversion factor, formula or table for converting the Consumer Price Index as may be published by the Bureau of Labor Statistics or, if said Bureau shall not publish the same, then with the use of such conversion factor, formula or table as may be published by ▇▇▇▇▇▇▇▇-▇▇▇▇, Inc., or any other nationally recognized publisher of similar statistical information. If the Consumer Price Index ceases to be published, and there is no successor thereto, such other index as Lessor and Lessee shall agree upon in writing shall be substituted for the Consumer Price Index. If Lessor and Lessee are unable to agree as to such substituted index, such matter shall be submitted to the American Arbitration Association or any successor organization for determination in accordance with the regulations and procedures thereof then obtaining for commercial arbitration. XI.2.