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.day construction for the use set forth in Section III below commences, at a rental of Be per square foot per annum or an annual rental of $209.09 payable in advance on or before the first day of each year, except that the first year's rent shall be due and payable when construction for the use specified in Section III below commences and will be pro -rated. If the rental payment provisions of this lease do not go into operation as provided herein on or before June 30, 1978; this lease shall cease to exist and have the same effect as though never having been written. The monthly rental installment as set forth in this lease shall be adjusted as of the first monthly rental installment due one year from the date hereof and annually on that date thereafter during the term of this lease. The adjustment, if any, shall be calculated upon the basis of the following publication of the United States Department of Labor, Bureau of Labor Statistics: The Consumer Price Index, sub -group "all items" from Table Al, entitled "Consumer Price Index U.S. City Average." The index for said sub -group being published as of the month prior to the month in which the term of this lease commences, shall be considered as the "Base". In similar fashion, the index for said sub-group•shall be ascertained as of the month preceding the commence- ment, the second year of this lease. The monthly rental installment payable during the second year shall be de- termined by relating the index for the month preceding the commencement of the second year for the "Basd'in a , manner herein below specified. The monthly rental in- stallment during the second year shall be adjusted in the ratio in the percentage increase, if any, in the index of said sub -group for the month immediately pre- ceding the commencement of the second year over the "Base", provided, however, that in no event shall the monthly rent be less than the amount payable during 'the first year. When the monthly rental installment for the second year shall have been thus determined, the Landlord shall give Tenant written notice of the amount of monthly rent applicable to the second year, and the method by which such rent was calculated. Rental adjustment for the third lease year and all sub- sequent lease years shall be calculated in the same manner. If, at the rental adjustment dates, there shall not exist a consumer price index, in the same format as herein set forth, the parties shall substitute in the official index published by the Bureau of Labor Statis- tics, or successor or similar governmental agency, as may then be in existence, and shall be most nearly equivalent .thereto. If the parties shall be unable to agree upon a successor index, the parties shall refer -• the choice of a successor index to arbitration, and in accordance with the Rules of the American Arbitration Association, then in existence in the county and state in which the premises are located. RECORM!JJ.J x[571 DEC 11976 p g " : p� 3V