Common use of UTILITY ADJUSTMENT Clause in Contracts

UTILITY ADJUSTMENT. LESSEE shall pay as Additional Rent, one (1) time per year, LESSEE'S proportionate share of any increase in basic utility costs for the Building. The base period shall be FEBRUARY 2001 TO JANUARY 2002, during which time the actual utility costs were $ TO BE DETERMINED (this amount shall be provided after LEASE signing date). The comparison period shall be defined as the twelve calendar month period directly following the base period and every consecutive twelve calendar month period thereafter. The actual utility costs shall be defined as all Building meter accounts paid by the Lessor. For the purposes of the utility adjustment, the adjusted Building size is 19,474 square feet and the LESSEE'S pro-rata share is 3.6%. The one (1) time per year utility payment, if any, shall be paid by the LESSEE EVERY APRIL 1 STARTING APRIL 1, 2003 and shall be calculated as follows: First, before any comparison of utility costs is made, the adjusted actual entire Building base period utility cost paid by the Lessor shall be increased by the CPI percentage change for the same period (see Section 37.1) to create an "adjusted" base amount. Next, the "adjusted" base period utility amount shall be subtracted from the comparison period adjusted actual entire Building utility cost. Last, the difference shall be multiplied by the LESSEE'S pro-rata share. This amount will be due and payable as a one (1) time per year Additional Rent charge paid by the LESSEE EVERY APRIL 1 STARTING APRIL 1, 2003. An example is as follows:

UTILITY ADJUSTMENT. LESSEE shall pay as Additional Rent, one (1) time per year, LESSEE'S ’S proportionate share of any increase in basic utility costs for the Building. The base period shall be FEBRUARY 2001 TO JANUARY 2002March 2003 to February 2004, during which time the actual utility costs were $ TO BE DETERMINED to be determined (this amount shall be provided to LESSEE after LEASE signing date). The comparison period shall be defined as the twelve calendar month period directly following the base period and every consecutive twelve calendar month period thereafter. The actual utility costs shall be defined as all Building meter accounts paid by the Lessor. For the purposes of the utility adjustment, the adjusted Utility Building size is 19,474 shall be the actual useable square feet less any space separately metered or submetered or 16,930 square feet and the LESSEE'S ’S pro-rata share is 3.6%9.95% which is based on the actual Premises useable square feet divided by the Utility Building size. Since the useable square feet of the Building can change, the above Utility Building size and LESSEE’S prorata share is subject to change. The one (1) time per year utility payment, if any, shall be paid by the LESSEE EVERY APRIL 1 STARTING APRIL every June 1st starting June 1, 2003 2005 and shall be calculated as follows: First, before any comparison of utility costs is made, the adjusted actual entire Building base period utility cost paid by the Lessor shall be increased by the CPI percentage change for the same period (see Section 37.1) to create an "“adjusted" ” base amount. Next, the "“adjusted" ” base period utility amount shall be subtracted from the comparison period adjusted actual entire Building utility cost. Last, the difference shall be multiplied by the LESSEE'S ’S pro-rata share. This amount will be due and payable as a one (1) time per year Additional Rent charge paid by the LESSEE EVERY APRIL 1 STARTING APRIL every June 1st starting June 1, 20032005. An example is as follows: