Common use of Resolution of Disagreement Clause in Contracts

Resolution of Disagreement. Every statement given by Landlord pursuant to Section 4.2 shall be conclusive and binding upon Tenant unless within sixty (60) days after the receipt of such statement Tenant shall notify Landlord that it disputes the correctness thereof, specifying the particular respects in which the statement is claimed to be incorrect. If such dispute shall not have been settled by agreement, the parties hereto shall submit the dispute to arbitration within ninety (90) days after Tenant’s receipt of statement. Pending the determination of such dispute by agreement or arbitration as aforesaid, Tenant shall, within thirty (30) days after receipt of such statement, pay Additional Rent in accordance with Landlord’s statement, and such payment shall be without prejudice to Tenant’s position. If the dispute shall be determined in Tenant’s favor, Landlord shall forthwith pay Tenant the amount of Tenant’s overpayment of rents resulting from compliance with Landlord’s statement, including interest on disputed amounts at prime plus two percent (2%). Landlord agrees to grant Tenant reasonable access to Landlord’s books and records for the purpose of verifying Basic Costs and Direct Costs for operating expenses incurred by Landlord.

Resolution of Disagreement. Every statement given by Landlord pursuant to Section 4.2 shall be conclusive and binding upon Tenant unless within sixty (60) days after the receipt of such statement Tenant shall notify Landlord that it disputes the correctness thereof, specifying the particular respects in which the statement is claimed to be incorrect. If such dispute shall not have been settled by agreement, the parties hereto shall submit the dispute to arbitration within ninety (90) days after Tenant’s 's receipt of statement. Pending the determination of such dispute by agreement or arbitration as aforesaid, Tenant shall, within thirty (30) days after receipt of such statement, pay Additional Rent in accordance with Landlord’s 's statement, and such payment shall be without prejudice to Tenant’s 's position. If the dispute shall be determined in Tenant’s 's favor, Landlord shall forthwith pay Tenant the amount of Tenant’s 's overpayment of rents resulting from compliance with Landlord’s 's statement, including interest on disputed amounts at prime plus two percent (2%). Landlord agrees to grant Tenant reasonable access to Landlord’s 's books and records for the purpose of verifying Basic Costs and Direct Costs for operating expenses incurred by Landlord.

Resolution of Disagreement. Every statement given by Landlord pursuant to Section 4.2 4.3 shall be conclusive and binding upon Tenant unless within sixty (60) days after the receipt of such statement Tenant shall notify Landlord that it disputes the correctness thereof, specifying the particular respects in which the statement is claimed to be incorrect. If such dispute shall not have been settled by agreement, the parties hereto shall submit the dispute to arbitration within ninety (90) days after Tenant’s receipt of such statement. Pending the determination of such dispute by agreement or arbitration as aforesaid, Tenant shall, within thirty (30) days after receipt of such statement, pay Additional Rent in accordance with Landlord’s statementStatement, and such payment shall be without prejudice to Tenant’s position. If the dispute shall be determined in Tenant’s favor, Landlord shall forthwith shall, within thirty (30) days of the resolution of such dispute, pay Tenant the amount of Tenant’s overpayment of rents resulting from compliance with Landlord’s statement, including interest on disputed amounts at prime plus two percent (2%)Statement. Landlord agrees to grant Tenant reasonable access to Landlord’s books and records for the purpose of verifying Basic Costs and Direct Costs for operating expenses incurred by Landlord.

Resolution of Disagreement. Every statement given by Landlord pursuant to Section 4.2 4.3 shall be conclusive and binding upon Tenant unless within sixty (60) days after the receipt of such statement Tenant shall notify Landlord that it disputes the correctness thereof, specifying the particular respects in which the statement is claimed to be incorrect. If such dispute shall not have been settled by agreement, the parties hereto shall submit the dispute to arbitration within ninety (90) days after Tenant’s receipt of such statement. Pending the determination of such dispute by agreement or arbitration as aforesaid, Tenant shall, within thirty (30) days after receipt of such statement, pay Additional Rent in accordance with Landlord’s statement, and such payment shall be without prejudice to Tenant’s position. If the dispute shall be determined in Tenant’s favor, Landlord shall forthwith shall, within thirty (30) days of the resolution of such dispute, pay Tenant the amount of Tenant’s overpayment of rents resulting from compliance with Landlord’s statement, including interest on disputed amounts at prime plus two percent (2%). Landlord agrees to grant Tenant reasonable access to Landlord’s books and records for the purpose of verifying Basic Costs and Direct Costs for operating expenses incurred by Landlord.

Resolution of Disagreement. Every statement given by Landlord pursuant to Section 4.2 4.1 shall be conclusive and binding upon Tenant unless within sixty tbir1y (6030) days after the receipt of such statement Tenant shall notify Landlord that it disputes the correctness thereof, specifying the particular respects in which the statement is claimed to be incorrect. If such dispute shall not have been settled by agreement, the parties hereto shall submit the dispute to arbitration within ninety (90) days after Tenant’s 's receipt of such statement. Pending the determination of such dispute by agreement or arbitration as aforesaid, Tenant shall, within thirty (30) days after receipt of such statement, pay Additional Rent in accordance with Landlord’s 's statement, and such payment shall be without prejudice to Tenant’s 's position. If the dispute shall be determined in Tenant’s 's favor, Landlord shall forthwith pay Tenant the amount of Tenant’s 's overpayment of rents resulting from compliance with Landlord’s 's statement, including interest on disputed amounts at prime plus two percent (2%). Landlord agrees to grant Tenant reasonable access to Landlord’s 's books and records for the purpose of verifying Basic Costs and Direct Costs for operating expenses incurred by Landlord.

Resolution of Disagreement. Every statement given by Landlord the Property Manager pursuant to Section 4.2 shall be conclusive and binding upon Tenant unless within sixty (60) days after the receipt of such statement Tenant shall notify Landlord the Property Manager that it disputes the correctness thereof, specifying the particular respects in which the statement is claimed to be incorrect. If such dispute shall not have been settled by agreement, the parties hereto shall submit the dispute to arbitration within ninety (90) days after Tenant’s 's receipt of statement. Pending the determination of such dispute by agreement or arbitration as aforesaid, Tenant shall, within thirty (30) days after receipt of such statement, pay Additional Rent in accordance with Landlord’s the Property Manager's statement, and such payment shall be without prejudice to Tenant’s 's position. If the dispute shall be determined in Tenant’s 's favor, Landlord the Property Manager shall forthwith pay Tenant the amount of Tenant’s 's overpayment of rents resulting from compliance with Landlord’s the Property Manager's statement, including interest on disputed amounts at prime plus two percent (2%). Landlord agrees to grant Tenant reasonable access to Landlord’s the Property Manager's books and records for the purpose of verifying Basic Costs and Direct Costs for operating expenses incurred by Landlordthe Property Manager.

Resolution of Disagreement. Every statement given by Landlord pursuant to Section 4.2 shall be conclusive and binding upon Tenant unless within sixty ninety (6090) days after the receipt of such statement Tenant shall notify Landlord that it disputes the correctness thereof, specifying the particular respects in which the statement is claimed to be incorrect. If such dispute shall not have been settled by agreement, the parties hereto shall submit the dispute to arbitration within ninety (90) days after Tenant’s 's receipt of such statement. Pending the determination of such dispute by agreement or arbitration as aforesaid, Tenant shall, within thirty (30) days after receipt of such statement, pay Additional Rent in accordance with Landlord’s 's statement, and such payment shall be without prejudice to Tenant’s 's position. If the dispute shall be determined in Tenant’s 's favor, Landlord shall forthwith pay Tenant the amount of Tenant’s 's overpayment of rents resulting from compliance with Landlord’s 's statement, including interest on disputed amounts at prime plus two percent (2%). Landlord agrees to grant Tenant reasonable access to Landlord’s 's books and records for the purpose of verifying Basic Costs and Direct Costs for operating expenses incurred by Landlord.

Resolution of Disagreement. Every statement given by Landlord the Property Manager pursuant to Section 4.2 shall be conclusive and binding upon Tenant unless within sixty (60) days after the receipt of such statement Tenant shall notify Landlord the Property Manager that it disputes the correctness thereof, specifying the particular respects in which the statement is claimed to be incorrect. If such dispute shall not have been settled by agreement, the parties hereto shall submit the dispute to arbitration within ninety (90) days after Tenant’s receipt of statement. Pending the determination of such dispute by agreement or arbitration as aforesaid, Tenant shall, within thirty (30) days after receipt of such statement, pay Additional Rent in accordance with Landlordthe Property Manager’s statement, and such payment shall be without prejudice to Tenant’s position. If the dispute shall be determined in Tenant’s favor, Landlord the Property Manager shall forthwith pay Tenant the amount of Tenant’s overpayment of rents resulting from compliance with Landlordthe Property Manager’s statement, including interest on disputed amounts at prime plus two percent (2%). Landlord agrees to grant Tenant reasonable access to Landlordthe Property Manager’s books and records for the purpose of verifying Basic Costs and Direct Costs for operating expenses incurred by Landlordthe Property Manager.

Resolution of Disagreement. Every statement given by Landlord pursuant to Section 4.2 shall be conclusive and binding upon Tenant unless within sixty (60) days after the receipt of such statement Tenant shall notify Landlord that it disputes the correctness thereof, specifying the particular respects in which the statement is claimed to be incorrect. If such dispute shall not have been settled by agreement, the parties hereto shall submit the dispute to arbitration within ninety (90) days after Tenant’s 's receipt of such statement. Pending the determination of such dispute by agreement or arbitration as aforesaid, Tenant shall, within within, thirty (30) days after receipt of such statement, pay Additional Rent in accordance with Landlord’s 's statement, and such payment shall be without prejudice to Tenant’s 's position. If the dispute shall be determined in Tenant’s 's favor, Landlord shall forthwith pay Tenant the amount of Tenant’s 's overpayment of rents resulting from compliance with Landlord’s statement, including interest on disputed amounts at prime plus two percent (2%). 's statement Landlord agrees to grant Tenant reasonable access to Landlord’s 's books and records for the purpose of verifying Basic Costs and Direct Costs for operating expenses incurred by Landlord.

Resolution of Disagreement. Every statement given by Landlord -------------------------- pursuant to Section 4.2 6.03 shall be conclusive and binding upon Tenant unless within sixty forty-five (6045) days after the receipt of such statement Tenant shall notify Landlord that it disputes the correctness thereof, specifying the particular respects in which the statement is claimed to be incorrect. If such dispute shall not have been settled by agreement, the parties hereto shall submit the dispute to arbitration mediation within ninety one hundred twenty (90120) days after Tenant’s 's receipt of statement. Pending the determination of such dispute by agreement or arbitration mediation as aforesaid, Tenant shall, within thirty one hundred twenty (30120) days after receipt of such statement, pay Additional Rent in accordance with Landlord’s statement, and such payment shall be without prejudice to Tenant’s 's position. Mediation shall be conducted in Salt Lake City in accordance with the Commercial Mediation Rules of the American Arbitration Association. If the dispute shall be determined in Tenant’s 's favor, Landlord shall forthwith pay Tenant the amount of Tenant’s 's overpayment of rents resulting from compliance with Landlord’s 's statement, including interest on disputed amounts at prime plus two eighteen percent (218%)) per annum. Landlord agrees to grant Tenant reasonable access to Landlord’s 's books and records for the purpose of verifying Basic Costs operating expenses, and Direct Costs for operating expenses costs incurred by Landlord.