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S../ Section 3.02. The rent provided for in Section 3.01 shall be subject to adjustment on the first day of the month following the third anniversary of the Effective Date, and the beginning of the additional year, (the Adjustment Dates) as follows: The rent shall be increased by an amount determined by multiplying the monthly rent payable during the initial three (3) year Term by the percentage increase in the "Price Index", as hereinafter defined, most recently published prior to the current Adjustment Date over the Price Index for August, 2005, which is hereby agreed to be 203.0. For purposes of this section the "Price Index" shall mean the Consumer Price Index —All Urban Consumers, San Francisco, Oakland, San Jose, California area, All items, Base Period 1982-84 equals 100,published by the Bureau of Labor Statistics of the U.S. Department of Labor or a successor or substitute index appropriately adjusted. In the event that the Price Index ceases to use 1982-84 equals 100 as the basis for circulation, or if a substantial change is made in the terms or number of items contained in the Price Index, then the Price Index shall be adjusted to the figure that would have been arrived at had the manner of computing the Price Index in effect for the Commencement Date not been altered. In the event that the Price Index or a successor or substitute index is not available, a reliable governmental or nonpartisan publication evaluating the information theretofore used in determining the Price Index shall be used. Article 4 - Permitted Use Section 4.01. The Premises may be used for processing, storing, and marketing organic plant materials and soil products for related agricultural purposes. Section 4.02. Tenant shall obtain a use permit and any other permits, licenses, or authorizations as may be required for Tenant's proposed use of the Premises. Landlord agrees to cooperate with Tenant in obtaining such permits, however, Tenant shall bear all costs and expenses relating thereto. Article 5 - Services and Utilities Section 5.01. Tenant shall have the right to use all existing improvements specifically including, but not limited to, an existing mobile home, shop buildings and existing well and pump. Tenant shall provide day to day maintenance of the pump and any other existing improvement costs and shall be responsible for repairs. Tenant shall pay for all electricity and other utilities required for Tenant's use of the Premises. Section 5.02. Tenant shall have the right to use the water available to the Premises by reason of riparian, prescriptive or other water rights of Landlord which may now or hereafter exist by reason of operation of the law. It is agreed and understood that the Landlord does not guarantee or warrant either the quality or quantity of water available to the Premises. Section 5.03. Landlord shall bear no responsibility or liability, in the event the Premises or any part thereof, or the Tenant's materials, products, or improvements, are at any time