Common use of Books and Reports Clause in Contracts

Books and Reports. For the protection of Lessee, Lessor shall maintain books of 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 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 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, and 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 the Lessee shall pay to Lessor the sum so billed by Lessor subject to its ultimate resolution as aforesaid.

Books and Reports. For the protection of Lessee, Lessor shall Landlord will maintain books of account which shall which, provided that Tenant has not breached this Lease, will be open to Lessee Tenant and its representatives at all reasonable times so that Lessee Tenant can determine that such Operating, Utility and Energy Energy, and Real Estate Tax Costs have, in fact, been paid or incurred. LesseeTenant’s representatives shall will mean only (i) LesseeTenant’s employees or (ii) a Certified Public Accounting firm, and neither LesseeTenant’s employees nor any Certified Public Accounting firm shall will be permitted to (i) perform such inspection and/or audit on a contingency basis, basis or (ii) perform such an inspection and/or audit for any other tenant in the Building. At LessorLandlord’s request, Lessee shall Tenant and/or Tenant’s Certified Public Accounting firm will execute a confidentiality agreement reasonably acceptable to Lessor Landlord prior to any examination of LessorLandlord’s books and records. In the event Lessee Tenant disputes any one or more of said such charges, Lessee shall Tenant will attempt to resolve such dispute with LessorLandlord, provided that if such dispute shall is not be satisfactorily settled between Lessor Landlord and LesseeTenant within thirty (30) days, then upon request of either party, the dispute shall will be referred by either party to an independent certified public accountant to be mutually agreed uponupon to arbitrate the dispute, 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 will jointly share any cost of such arbitration. Pending resolution of said dispute the Lessee shall dispute, the Tenant will pay to Lessor Landlord the sum so billed by Lessor Landlord, subject to its ultimate resolution as aforesaidset forth above. The arbitration mechanism set forth above shall be the sole process available to resolve such disputes.

Books and Reports. For the protection of Lessee, Lessor shall maintain books of account which shall be open to Lessee and its representatives at all reasonable times so that Lessee can determine that such OperatingOperating Costs, Utility and Energy and Real Estate Tax Taxes and Insurance Costs have, in fact, been paid or incurred. Lessee’s 's representatives shall mean only only: (i) Lessee’s employees 's employees; or (ii) a Certified Public Accounting firm, and neither Lessee’s 's employees nor any Certified Public Accounting firm shall be permitted to (iA) perform such inspection and/or audit on a contingency basis, or (iiB) perform such an inspection and/or audit for any other tenant lessee in the Building. At Lessor’s 's request, Lessee shall execute a confidentiality agreement reasonably acceptable to Lessor 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, and if such an accountant cannot be agreed upon, The American Arbitration Association (or successor thereto) 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.,

Books and Reports. For the protection of Lessee, Lessor shall maintain books of 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 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 '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 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, and 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 the Lessee shall pay to Lessor the sum so billed by Lessor subject to its ultimate resolution as aforesaid.

Books and Reports. For the protection of Lessee, Lessor shall maintain books of 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 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 '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 prior to any examination of Lessor’s 's books and records. In the event Lessee disputes any one or more of said sA4 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, and 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 the Lessee shall pay to Lessor the sum so billed by Lessor subject to its ultimate resolution as aforesaid.

Books and Reports. For the protection of Lessee, Lessor shall maintain books of 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 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 's employees nor any Certified Public Accounting firm shall not 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. Nothing hereinabove shall preclude Lessee from using its usual Certified Public Accounting firm. At Lessor’s 's request, Lessee shall execute a confidentiality agreement reasonably acceptable to Lessor 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, and 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 the Lessee shall pay to Lessor the sum so billed by Lessor subject to its ultimate resolution as aforesaid.Arbitration

Books and Reports. For the protection of Lessee, Lessor shall Landlord will maintain books of account which shall which, provided that Tenant has not breached this Lease, will be open to Lessee Tenant and its representatives at all reasonable times so that Lessee Tenant can determine that such Operating, Utility and Energy Energy, Insurance and Real Estate Tax Costs have, in fact, been paid or incurred. LesseeTenant’s representatives shall will mean only (i) LesseeTenant’s employees or (ii) a Certified Public Accounting firm, firm and neither LesseeTenant’s employees nor any Certified Public Accounting firm shall will be permitted to (i) perform such inspection and/or audit on a contingency basis, basis or (ii) perform such an inspection and/or audit for any other tenant in the Building. At LessorLandlord’s request, Lessee shall Tenant and/or Tenant’s Certified Public Accounting firm will execute a confidentiality agreement reasonably acceptable to Lessor Landlord prior to any examination of LessorLandlord’s books and records. In the event Lessee Tenant disputes any one or more of said such charges, Lessee shall Tenant will attempt to resolve such dispute with LessorLandlord, provided that if such dispute shall is not be satisfactorily settled between Lessor Landlord and LesseeTenant within thirty (30) days, then upon request of either party, the dispute shall will be referred by either party to an independent certified public accountant to be mutually agreed uponupon to arbitrate the dispute, 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 will jointly share any cost of such arbitration. Pending resolution of said dispute the Lessee shall dispute, the Tenant will pay to Lessor Landlord the sum so billed by Lessor Landlord, subject to its ultimate resolution as aforesaidset forth above. The arbitration mechanism set forth above shall be the sole process available to resolve such disputes.