Agmt04 BHV Innisfree - On Broadway RWC Parking Facilities Agmt

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SCHEDULE I Rates for parking in the parking facilities during Jefferson Garage Peak Periods, the Block Two Lot Peak Periods and the Marshall Street Garage Peak Periods (collectively "Parking Rates") shall be subject to adjustment on each fifth (5th) anniversary of the Effective Date (each, an "Adjustment Date"), in accordance with the terms of this Schedule I. The Parking Rates shall be adjusted as of each Adjustment Date to equal the Parking Rate in effect for the five (5) year period preceding such Adjustment Date multiplied by a fraction, the numerator of which equals the "Anniversary Index" (defined below) and the denominator of which equals the "Base Index" (defined below); provided, however, any required adjustment shall be rounded to the nearest half-dollar increment. For purposes hereof, the "Anniversary Index" shall mean the CPI published most recently preceding the applicable Adjustment Date and the "Base Index" shall mean the CPI published most recently preceding the immediately preceding Adjustment Date (or, in the case of the first adjustment hereunder, most recently preceding the date that is twelve months prior to the initial Adjustment Date). When the Parking Rates payable as of each Adjustment Date is determined, City shall promptly give Developer written notice of such adjusted Parking Rate and the manner in which it was computed. If the base year of the CPI is changed, then all calculations pursuant to this Schedule I shall be made by using the appropriate conversion factor published by the Bureau of Labor Statistics (or successor agency) to correlate to the base year of the CPI herein specified. Ifno such conversion factor is published, then City shall, if possible, make the necessary calculation to achieve such conversion. If such conversion is not in City's judgment possible, or if publication of the CPI is discontinued, or if the basis of calculating the CPI is materially changed, then the term "cpr" shall mean (a) comparable statistics on the cost ofliving, as computed by an agency of the United States Government performing a function similar to the Bureau of Labor Statistics, or (b) ifnone, by a substantial and responsible periodical or publication of recognized authority most closely approximating the result which would have been achieved by the cpr, as may be determined by City in the exercise of its reasonable good faith judgment. Exhibit -A 0/