NYC 9/11 Public Portal Document
1.1 “Price Index” shall mean “The Consumer Price Index for U.S. City Average-
All Urban Consumers (1982-84 equals ICX)), issued by the Bureau of Labor Statistics of the
United States Department of Labor.
1.2 “Base Price Index” shall mean the Price Index for the month of January,
1998.
1.3 “Lease Year” shall mean each period of twelve (12) consecutive months.
beginning on the first day of January of each calendar year, during the Term of this Lease.
1.4 “Operating Expenses Base Year” shall mean the calendar year 1998.
2. “Operating Expense Escalation”shall mean a sum payable by Tenant to
Landlord each Lease Year computed by multiplying the sum representing the Base Year
Operating Expenses as defined under Subsection A. 1 of this Article 4 by the percentage, if any.
by which the average Price Index, as published for the month following the last month of the
Lease Year in question, shall exceed the Base Price Index. Such sum shall be multiplied by 2.37
% which represents Tenant pro rata share of Operating Expenses for the Building. (See example
for calculating CPI Index changes below.)
3. Such Operating Expense Escalation for every Lease Year which follows the
Operating Expense Base Year shall be billed and paid as follows:
(a) Within five weeks after the beginning of any such Lease Year, Landlord
shall deliver to Tenant a statement (hereinafter the “Estimate”) showing the estimated amount of
such Operating Expense Escalation payable for the then current Lease Year, which estimated
amount shall be calculated by using the previous Lease Year’s CPI factor according to 2. above.
Tenant shall pay Landlord the same sum, in equal monthly installments ( such monthly installment
13
NYC-WTC_000170460
OCR can misread numbers and units. Confirm readings against the page image before using them.