Common use of Books and Records; Right to Audit Clause in Contracts

Books and Records; Right to Audit. Tenant shall keep full, complete and proper books, records and accounts of the Cash Flow. Landlord and its agents and employees shall have the right at any and all times, during the regular business hours and upon not less than five (5) business days prior written notice, to examine and inspect all of the books and records of Tenant concerning the Cash Flow, the Energy Agreements and the Emission Reductions (as defined in Section 5.3.2(b)) for the purpose of investigating and verifying the accuracy of any statement of the Cash Flow. Landlord may once in any calendar year cause an audit of the business of Tenant to be made by an accountant of Landlord's selection and if the statement of the Cash Flow previously made to Landlord shall be found to be inaccurate, then and in that event, there shall be an adjustment and one party shall pay to the other on demand such sums as may be necessary to settle in full the accurate amount of the Rents that should have been paid for the period or periods covered by such inaccurate statement or statements. Tenant shall keep all said records for a minimum of four years (4 yrs.). If said audit shall disclose an inaccuracy in favor of Tenant of greater than a three percent (3%) error with respect to the amount of the Cash Flow reported by Tenant for the period of said report, then Tenant shall immediately pay to Landlord the cost of such audit; otherwise, the cost of such audit shall be paid by Landlord. If such audit shall disclose any willful or substantial inaccuracies Landlord may, in addition to any other remedies it may have for Tenant's breach of this Lease, terminate this Lease.