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25 . DETER~tI~~ATIO\ Ar:D ADJl3STMEr'T OF RE\TAL PAY.`iE~'TS . The -
parties hereby covenant and agree that rental payments pro,vided in i
this Lease and all subleases shall be adjusted at ten (10) year inter- ~
vals co~nencing on July 1, 1979, and continuing each ten (10) years ;
throughout the lease term. The adjustment to the rent to be made, ~
therefore, shall be determined by multiplying the basic monthly rental `
provided for in each lease by a fraction, the numerator of which shall }
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be the index figure indicated for the month immediately preceding the
end of the ten (10) year term as shall be shown by the Consumer's
Price Index--the United States City Average All Items and Conanodity
Groups, issued by the Bureau of Labor Statistics of the United States
Department of Labor, and the denominator of which shall be the Basic
Standard Index Figure of such Price Index for that month. The pro-
duct of such multiplication shall be the amount of the monthly rental
payments to be made thereunder the succeeding ten (10) year period
until the next computatinn provided for thereunder shall be made.
It is understood that the above described Index is now
being published monthly by the Bureau of Labor Statistics of the United
States Department of Labor. Should it be published at other intervals, x
the new Index, hereinabove provided fcr, shall be arrived at from the '
Index or Indexes published by said Bureau most closely approximating
tne month of the year immediately preceding the adjustment date.
Should said Bureau of Iabor Statistics change the manner of computing
such Index, the Bureau shall be requested to furnish a conversion
factor designed to adjust the new Index to the one pxeviously in use,
~ and adjustment to the new Index shall be made on the basis of such
conversion factor. Should the publication of such Index be discontinued
by said Bureau of Labor Statistics, then such othe r Zndex as may be
published by such Bureau most nearly approaching said discontinued Lndex
shall be used in making the adjustment herein provided for.
Should said Bureau discontinue the p~blication of an~Index approxi-
mating the Index herein contemplated, then such Index as may be pub- f
lished by another United States Government Agency as most nearly ~
approximates the Index herein first above referred to shall govern
and be substituted as the Index to be used, subject to the application ~
of an appropriate conversion factor to be furnished by the Governmental ~
' Agency puhlishing the adopted Zndex. If such Governmental Agency will
I not furnish such conversion factor, then the parties shall agree upon
I a conversion factor or a new Index, and in the event agreement cannot ~
be reached as to such conversion factor, or such new Index,then the
parties hereto agree to submit to arbitrators chosen in the usual
manner, the selection of a new Zndex approximating as nearly as can
~ be tre Index hereinabove first contemplated, which new Index may be
~ one pu~ilished by a Governmental Agency or one published by a private
agency and generally accepted and approved as an Index reflecting the
~ contemplated fluctuation in the purchasing power of the United States
~ dollar. The Index selected by such arbitrators in either of the
above events shall be binding upon the parties hereto. In the event
of any controversy arising as to the proper adjustment for the rental ;
payments, as herein provided, the lessee sfiall continue paying the ~
rental to the lessor under the last preceding rental adjustment, as
herein provided,until such time as said controversy has been settled,
~ at w?ich time an adjustraent will be made retroactive to the beginning
" t?:2 ad~ustu~ent period in which the controversy azose. This para-
~ _ , „J _ c;;_ ;;:.ded to include the contingency of discontinuation ~
o~y~;.c.:' ~;:ce~ by c:ze Bureau oz I,abor StaEistiE~ • '~~1 T18 ~Y~Il4 ~nd
' ~ncizr r?o eoinp~tetion a~ ~n anyw~ee shall ~he mon~hl~ renta~ ~o be
; paid by the lessee to rhe lessor under cbe provi~ions af thi• loooo ~
> or any sublease be less than the amount provided for as Che actual ~
~ annual rent in the initial lease or sublease. t-
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~ 26. LIE\. In the event that VILIA DEL SOL, IrC. condominium
~ is tersninated under the provisions of Florida Statutes or under the
provisions of Section 24 of the Declaration of Condominium, the Lessors
~ shall acquire a lien on the undivided interest of each owner in the
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