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commencement date is advanced or extended, to reflect changes in the cost of <br />living as provided herein. The base for computing the adjustment is the Consumer <br />Price Index, published by the United States Department of Labor, Bureau of Labor <br />Statistics, U.S. City Average - All Items and Major Group Figures for All Urban <br />Consumers (1982-84=100) ("Index"), which is in effect two (2) months prior to the <br />commencement of the term ("Beginning Index". The index published two (2) <br />months preceding the adjustment date ("Extension Index") shall be used in <br />determining the amount of the adjustment. If the Extension Index has increased <br />over the Beginning Index, the base rent for the period until the next base rent <br />adjustment shall be set by multiply the base rent by a fraction, the numerator of <br />which is the Extension Index and the denominator of which is the Beginning Index. <br />By way of example, if the Commencement Date of this Lease is July 1, 2007, the <br />base rent commencing July 1, 2008 shall be increased by the percentage increase <br />in the described Consumer Price Index for the months of May 2007 and May 2008. <br />4.3 <br />4.4 <br />4.5 <br />4.6 <br />In the event the Index information is not available as of the date of any adjustment <br />coming due hereunder, such adjustment, shall be made, as soon as such <br />information is available, retroactive to the effective date, and any adjustment in the <br />rent shall be paid by Tenant to Landlord forthwith upon the furnishing of such <br />information from Landlord to Tenant. In the event the Index becomes unavailable <br />for any reason, the adjustment provided for herein shall be made based upon the <br />most comparable Index then available from the United States Department of Labor. <br />Notwithstanding any other provision contained herein, in no event shall the Monthly <br />Base Rent be reduced below the Monthly Base Rent in effect prior to the <br />adjustment. <br />Late Charge <br />If any Monthly Base Rent installment is not received by Landlord from Tenant by the <br />tenth (10th) day of the month for which such installment is due, Tenant shall <br />immediately pay to Landlord a late charge equal to five percent (5%) of such <br />installment. <br />Deposit. <br />A deposit shall not be required. However, Landlord shall apply the $10,000 <br />payment received during lease negotiations. toward Tenants share of Tenant <br />Improvements. <br />Tenant's Proportionate Share. <br />"Tenant's proportionate share" as used herein means the useable area of the <br />Leased Premises, excluding the rentable basement area, divided by the total <br />useable area of the Building, with area determined using the methods of building <br />measurement defined by the Building Owners and Managers Association (BOMA). <br />Tenant's proportionate share as of the Lease Commencement date shall be 8.75%. <br />Additional Rent-Tax Adjustment. <br />Tenant shall pay as additional rent its proportionate share, as defined in Section <br />4.5, of the amount by which property taxes for the Building increase over those <br />Lease Agreement - 3 lease Initial <br />L ndlord Tenant <br />