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NEGOTIATING KEY LEASE PROVISIONS A Landlord's Point of View - page 37 / 60





37 / 60


If, during the Lease Term, Minimum Rent payable under Paragraph ____

is changed by

an amendment to this Lease, said rent payable pursuant to the latest Lease amendment shall be the rent which is adjusted by the formula set forth in this paragraph. In no event shall Minimum Rent payable under Paragraph ____ be reduced below the sum payable thereunder in the calendar month immediately preceding a month when an adjustment in rent becomes effective. If any index is calculated from a base different from the base period 1982-84 = 100, such index shall be converted to a base period of 1982-84 = 100 by use of a conversion factor supplied by said Bureau of Labor Statistics. If the CPI is discontinued or replaced during the term of this Lease, or any extensions thereof, such other governmental Cost of Living Index or computation which replaces the CPI shall be used in order to obtain substantially the same result as would be

obtained if the CPI had not been discontinued or replaced.

The Minimum Rent is to be a "net net net rental" as those terms re used and understood in the real property leasing business. Accordingly, and as additional rent hereunder, Tenant shall pay during the Lease Term, and prorated to the date of the commencement and termination of the Lease Term, all taxes and assessments levied against the Premises, or any portion thereof, public utility and related costs and expenses, insurance premiums for insurance described in Article VIII hereof, expenses of occupying, operating, altering, maintaining and repairing the entire Premises, and any other expenses or charges which during the Lease Term shall be levied, assessed or imposed by any governmental authority upon or with respect to, or incurred in connection with, the possession, occupation, operation, alteration, maintenance, repair and use of the Premises, it being intended that this Lease shall result in a rent to be paid to Landlord, without additional cost to Landlord or diminution or offset thereto, in the fixed monthly amount hereinbefore specified.

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