Books and Reports. For the protection of Lessee, Lessor shall maintain books of accounts which shall be open to Lessee and its representatives at all reasonable times so that Lessee can determine that such Real Estate Taxes have, in fact, been paid or incurred. Lessee’s representatives shall mean only (i) Lessee’s employees or (ii) a Certified Public Accounting firm. At Lessor’s request, Lessee shall execute a confidentiality agreement reasonably acceptable to Lessor and Lessee prior to any examination of Lessor’s books and records. In the event Lessee disputes any one or more of said charges, Lessee shall attempt to resolve such dispute with Lessor, provided that if such dispute shall not be satisfactorily settled between Lessor and Lessee, the dispute shall be referred by either party to an independent certified public accountant to be mutually agreed upon, the cost of which shall be divided equally between the parties, or if such an accountant cannot be agreed upon, the American Arbitration Association may be asked by either party to select an arbitrator, whose decision on the dispute will be final and binding upon both parties, who shall jointly share any cost of such arbitration. Pending resolution of said dispute Lessee shall pay to Lessor the sum so billed by Lessor subject to its ultimate resolution as aforesaid.
Appears in 2 contracts
Samples: Lease Agreement (Nexus Biopharma Inc), Lease Agreement (Fluoropharma Medical, Inc.)
Books and Reports. For the protection of Lessee, Lessor shall maintain books of accounts account which shall be open to Lessee and its representatives at all reasonable times so that Lessee can determine that such Operating, Utility and Energy and Real Estate Taxes Tax Costs have, in fact, been paid or incurred. Lessee’s 's representatives shall mean only (i) Lessee’s 's employees or (ii) a Certified Public Accounting firm. At Lessor’s 's request, Lessee shall execute a confidentiality agreement reasonably acceptable to Lessor and Lessee prior to any examination of Lessor’s 's books and records. In the event Lessee disputes any one or more of said charges, Lessee shall attempt to resolve such dispute with Lessor, provided that if such dispute shall not be satisfactorily settled between Lessor and Lessee, the dispute shall be referred by either party to an independent certified public accountant to be mutually agreed upon, the cost of which shall be divided equally between the parties, or and if such an accountant cannot be agreed upon, the The American Arbitration Association may be asked by either party to select an arbitrator, whose decision on the dispute will be final and binding upon both parties, who shall jointly share any cost of such arbitration. Pending resolution of said dispute the Lessee shall pay to Lessor the sum so billed by Lessor subject to its ultimate resolution as aforesaid.
Appears in 2 contracts
Samples: Assignment and Assumption of Lease (Medicines Co/ Ma), Lease Agreement (Medicines Co/ Ma)
Books and Reports. For the protection of Lessee, Lessor shall maintain books of accounts account in accordance with GAAP which shall be open to Lessee and its representatives at all reasonable times so that Lessee can determine that such Operating, Utility and Energy and Real Estate Taxes Tax Costs have, in fact, been paid or incurred. Lessee’s representatives shall mean only (i) Lessee’s employees or (ii) a Certified Public Accounting firm. At Lessor’s request, Lessee shall execute a confidentiality agreement reasonably acceptable to Lessor and Lessee prior to any examination of Lessor’s books and records. In the event Lessee disputes any one or more of said charges, Lessee shall attempt and Lessor agree to work together in good faith to resolve such dispute with Lessorin a timely manner, provided that if such dispute shall not be satisfactorily settled between Lessor and Lessee, the dispute shall be referred by either party to an independent certified public accountant to be mutually agreed upon, the cost of which shall be divided equally between the parties, or and if such an accountant cannot be agreed upon, the The American Arbitration Association may be asked by either party to select an arbitrator, whose decision on the dispute will be final and binding upon both parties, who shall jointly share any cost of such arbitration. Pending resolution of said dispute the Lessee shall pay to Lessor the sum so billed by Lessor subject to its ultimate resolution as aforesaid.
Appears in 1 contract
Samples: Lease Agreement (Tollgrade Communications Inc \Pa\)
Books and Reports. For the protection of Lessee, Lessor shall maintain books of accounts account which shall be open to Lessee and its representatives at all reasonable times so that Lessee can determine that such Operating, Utility and Energy and Real Estate Taxes Tax Costs have, in fact, been paid or incurred. Lessee’s 's representatives shall mean only (i) Lessee’s 's employees and attorneys or (ii) a Certified Public Accounting firm. At Lessor’s 's request, Lessee shall execute a confidentiality agreement reasonably acceptable to Lessor and Lessee prior to any examination of Lessor’s 's books and records. In the event Lessee disputes any one or more of said charges, Lessee shall attempt to resolve such dispute with Lessor, provided that if such dispute shall not be satisfactorily settled between Lessor and Lessee, the dispute shall be referred by either party to an independent certified public accountant to be mutually agreed upon, the cost of which shall be divided equally between the parties, or and if such an accountant cannot be agreed upon, the The American Arbitration Association may be asked by either party to select an arbitrator, whose decision on the dispute will be final and binding upon both parties, who shall jointly share any cost of such arbitration. Pending resolution of said dispute the Lessee shall pay to Lessor the sum so billed by Lessor subject to its ultimate resolution as aforesaid.
Appears in 1 contract
Books and Reports. For the protection of Lessee, Lessor shall maintain books of accounts account which shall be open to Lessee and its representatives at all reasonable times so that Lessee can determine that such Operating, Utility and Energy and Real Estate Taxes Tax Costs have, in fact, been paid or incurred. Lessee’s 's representatives shall mean only (i) Lessee’s 's employees or (ii) a Certified Public Accounting firm, and neither Lessee's employees nor any Certified Public Accounting firm shall be permitted to (i) perform such inspection and/or audit on a contingency basis, or (ii) perform such an inspection and/or audit for any other tenant in the Building. At Lessor’s 's request, Lessee shall execute a confidentiality agreement reasonably acceptable to Lessor and Lessee prior to any examination of Lessor’s 's books and records. In the event Lessee disputes any one or more of said charges, Lessee shall attempt to resolve such dispute with Lessor, provided that if such dispute shall not be satisfactorily settled between Lessor and Lessee, the dispute shall be referred by either party to an independent certified public accountant to be mutually agreed upon, the cost of which shall be divided equally between the parties, or and if such an accountant cannot be agreed upon, the The American Arbitration Association may be asked by either party to select an arbitrator, whose decision on the dispute will be final and binding upon both parties, who shall jointly share any cost of such arbitration. Pending resolution of said dispute the Lessee shall pay to Lessor the sum so billed by Lessor subject to its ultimate resolution as aforesaid.
Appears in 1 contract
Samples: Lease (Old Line Bancshares Inc)
Books and Reports. For the protection of Lessee, Lessor shall maintain books of accounts account which shall be open to Lessee and its representatives at all reasonable times so that Lessee can determine that such Operating, Utility and Energy and Real Estate Taxes Tax Costs have, in fact, been paid or incurred. Lessee’s representatives shall mean only (i) Lessee’s employees or (ii) a Certified Public Accounting firm, and neither Lessee’s employees nor any Certified Public Accounting firm shall be permitted to (i) perform such inspection and/or audit on a contingency basis, or (ii) perform such an inspection and/or audit for any other tenant in the Building. At Lessor’s request, Lessee shall execute a confidentiality agreement reasonably acceptable to Lessor and Lessee prior to any examination of Lessor’s books and records. In the event Lessee disputes any one or more of said charges, Lessee shall attempt to resolve such dispute with Lessor, provided that if such dispute shall not be satisfactorily settled between Lessor and Lessee, the dispute shall be referred by either party to an independent certified public accountant to be mutually agreed upon, the cost of which shall be divided equally between the parties, or and if such an accountant cannot be agreed upon, the The American Arbitration Association may be asked by either party to select an arbitrator, whose decision on the dispute will be final and binding upon both parties, who shall jointly share any cost of such arbitration. Pending resolution of said dispute the Lessee shall pay to Lessor the sum so billed by Lessor subject to its ultimate resolution as aforesaid.
Appears in 1 contract
Books and Reports. For the protection of Lessee, Lessor shall maintain books of accounts account which shall be open to Lessee and its representatives at all reasonable times so that Lessee can determine that such Operating, Utility and Energy and Real Estate Taxes Tax Costs have, in fact, been paid or incurred. Lessee’s representatives shall mean only (i) Lessee’s employees or (ii) a Certified Public Accounting firm. At Lessor’s request, Lessee shall execute a confidentiality agreement reasonably acceptable to Lessor and Lessee prior to any examination of Lessor’s books and records. In the event Lessee disputes any one or more of said charges, Lessee shall attempt to resolve such dispute with Lessor, provided that if such dispute shall not be satisfactorily settled between Lessor and Lessee, the dispute shall be referred by either party to an independent certified public accountant to be mutually agreed upon, the cost of which shall be divided equally between the parties, or and if such an accountant cannot be agreed upon, the The American Arbitration Association may be asked by either party to select an arbitrator, whose decision on the dispute will be final and binding upon both parties, who shall jointly share any cost of such arbitration. Pending resolution of said dispute the Lessee shall pay to Lessor the sum so billed by Lessor subject to its ultimate resolution as aforesaid.
Appears in 1 contract
Samples: Lease Agreement (Silicom Ltd.)
Books and Reports. For the protection of Lessee, Lessor shall maintain books of accounts account which shall be open to Lessee and its representatives at all reasonable times so that Lessee can determine that such Operating, Insurance and Real Estate Taxes Tax Costs have, in fact, been paid or incurred. Lessee’s 's representatives shall mean only (i) Lessee’s 's employees or (ii) a Certified Public Accounting firm. At Lessor’s 's request, Lessee shall execute a confidentiality agreement reasonably acceptable to Lessor and Lessee prior to any examination of Lessor’s 's books and records. In the event Lessee disputes any one or more of said charges, Lessee shall attempt to resolve such dispute with Lessor, provided that if such dispute shall not be satisfactorily settled between Lessor and Lessee, the dispute shall be referred by either party to an independent certified public accountant to be mutually agreed upon, the cost of which shall be divided equally between the parties, or and if such an accountant cannot be agreed upon, the The American Arbitration Association may be asked by either party to select an arbitrator, whose decision on the dispute will be final and binding upon both parties, who shall jointly share any cost of such arbitration. Pending resolution of said dispute the Lessee shall pay to Lessor the sum so billed by Lessor subject to its ultimate resolution as aforesaid.
Appears in 1 contract
Books and Reports. For the protection of Lessee, Lessor shall maintain books of accounts account which shall be open to Lessee and its representatives at all reasonable times so that Lessee can determine that such Operating, Utility and Energy and Real Estate Taxes Tax Costs have, in fact, been paid or incurred. Lessee’s 's representatives shall mean only (i) Lessee’s 's employees or (ii) a Certified Public Accounting firm, and neither Lessee's employees nor any Certified Public Accounting firm shall be permitted to
(i) perform such inspection and/or audit on a contingency basis, or (ii) perform such an inspection and/or audit for any other tenant in the Building. At Lessor’s 's request, Lessee shall execute a confidentiality agreement reasonably acceptable to Lessor and Lessee prior to any examination of Lessor’s 's books and records. In the event Lessee disputes any one or more of said charges, Lessee shall attempt to resolve such dispute with Lessor, provided that if such dispute shall not be satisfactorily settled between Lessor and Lessee, the dispute shall be referred by either party to an independent certified public accountant to be mutually agreed upon, the cost of which shall be divided equally between the parties, or and if such an accountant cannot be agreed upon, the The American Arbitration Association may be asked by either party to select an arbitrator, whose decision on the dispute will be final and binding upon both parties, who shall jointly share any cost of such arbitration. Pending resolution of said dispute the Lessee shall pay to Lessor the sum so billed by Lessor subject to its ultimate resolution as aforesaid.
Appears in 1 contract
Samples: Lease (Purchasesoft Inc)
Books and Reports. For the protection of Lessee, Lessor shall maintain books of accounts account which shall be open to Lessee and its representatives at all reasonable times so that Lessee can determine that such Operating, Utility and Energy, Real Estate Taxes Tax and Insurance Costs have, in fact, been paid or incurred. Lessee’s 's representatives shall mean only (i) Lessee’s 's employees or (ii) a Certified Public Accounting firm, and neither Lessee's employees nor any Certified Public Accounting firm shall be permitted to (i) perform such inspection and/or audit on a contingency basis, or (ii) perform such an inspection and/or audit for any other tenant in the Building. At Lessor’s 's request, Lessee shall execute a confidentiality agreement reasonably acceptable to Lessor and Lessee prior to any examination of Lessor’s 's books and records. In the event Lessee disputes any one or more of said charges, Lessee shall attempt to resolve such dispute with Lessor, provided that if such dispute shall not be satisfactorily settled between Lessor and Lessee, the dispute shall be referred by either party to an independent certified public accountant to be mutually agreed upon, the cost of which shall be divided equally between the parties, or and if such an accountant cannot be agreed upon, the The American Arbitration Association may be asked by either party to select an arbitrator, whose decision on the dispute will be final and binding upon both parties, who shall jointly share any cost of such arbitration. Pending resolution of said dispute the Lessee shall pay to Lessor the sum so billed by Lessor subject to its ultimate resolution as aforesaid.
Appears in 1 contract
Samples: Lease (Pharmaceutical Resources Inc)