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and operation of the Facilities. Tenant shall have the right, at its sole expense, to access the <br />Premises except to the extent such access interferes with the City's use of the Property or <br />operation of the adjoining municipal water system and tower. <br />2. Term and Renewal. The term of this Agreement shall be five (5) years commencing on <br />May 1, 2010 ("Commencement Date") and terminating on April 30, 2015, unless otherwise <br />terminated in accordance with this Agreement. This Agreement may be extended for up to <br />three (3) additional five (5) year terms. Unless Tenant is in default, the Agreement shall be <br />deemed to have been extended for an additional term unless Tenant provides written notice <br />to the City of its intention not to extend at least thirty (30) days prior to the termination of <br />the current term. Unless otherwise specified, all terms of this Agreement remain in effect <br />during any renewal term. <br />3. Rent. Within 15 days of the Commencement Date and on the first day of each month <br />thereafter, Tenant shall pay to the City rent totaling $400.00 per month ("Rent'). The Rent <br />shall be increased on the first day of January, 2011 and upon each anniversary thereafter by <br />an amount equal to the increase in the Consumer Price Index ("CPI"), or four percent (40/o), <br />whichever is greater. The CPI shall mean the "Consumer Price Index — for All Urban <br />Consumers, All Cities, All items (1984 = 100)" as published by the United States <br />Department of Labor Statistics, or if such index shall be discontinued, the successor index <br />thereto, or if there shall be no successor index, such comparable index as shall be mutually <br />agreed upon by the parties hereto. To determine the annual rental increase to be paid by <br />Tenant, the rental for the previous year shall be multiplied by a percentage figure, <br />computed from a fraction, the numerator of which shall be the CPI for the most recent <br />quarter, and the denominator of which shall be the CPI for the corresponding quarter of one <br />year earlier, such fraction shall be converted to a percentage equivalent. The resulting <br />365493v1 CLL NE 136-24 2, <br />