Agmt04 Recycled Water (South Ba - Laserfiche WebLink

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- Year Term (UFTYT") shall be set by multiplying the Rental in effect during the Previous Three Year Term ("PTYT") by a fraction, the numerator of which is the Extended Index and the denominator of which is the Beginning Index. In no case shall the monthly Rental during any FTYT be less than the Rental in effect during the PTYT. Lessor shall notify Lessee of such adjustment by delivering or mailing a written statement setting forth the calculation of the adjustment in Rental. If the format or components of the Index shall be changed materially, or if the Index shall be discontinued after the date of this Lease, then Lessor shall substitute an index which is published by the U.S. Department of Labor, the Bureau of Labor Statistics or similar agency and which most nearly is equivalent to the Index in effect on the date of this Lease. Lessor shall notify Lessee of the substituted Index, which Index shall be used to calculate the adjustment to Rental unless Lessee objects in writing within fifteen (15) days after its receipt of Lessor's notice. If Lessee objects, then the substitute Index shall be determined in accordance with the rules and regulations of the American Arbitration Association. The cost of such arbitration shall be bome as determined by the - American Arbitration Association. There is no additional rent or charge for use of the easements described in Exhibits C-1 through C-4. The easements described in Exhibits C-1 through C-4 may be relocated at the request of either Lessor or Lessee, with the costs of relocation to be bome by the party requesting relocation. 3. DUTIES OF LESSOR. Lessor agrees to provide Lessee with access to the Leased Premises 24 hours a day, 7 days a week and that Lessee shall 3 1108669.4 1 T' T _.