Common use of Books and Reports Clause in Contracts

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

Books and Reports. Landlord will maintain books of account which, provided that Tenant has is not breached the in default under this LeaseLease beyond the expiration of any applicable notice and cure period, will be open to Tenant and its representatives at all reasonable times so that Tenant can determine that such OperatingOperating Costs, Insurance and Real Estate Tax Costs Taxes and Building Electric have, in fact, been paid or incurred. Tenant’s 's representatives will mean only (i) Tenant’s employees or (ii) a Certified Public Accounting firm, and neither Tenant’s employees nor any Certified Public Accounting firm will be permitted to perform such inspection and/or audit on a contingency basis or for any other tenant in the Building. At Landlord’s request, Tenant and/or Tenant’s Certified Public Accounting firm will execute a confidentiality agreement reasonably acceptable to Landlord prior to any examination of Landlord’s books and records. In the event Tenant disputes any one or more of such charges, Tenant will attempt to resolve such dispute with Landlord, provided that if such dispute is not satisfactorily settled between Landlord and Tenant within thirty (30) days, then upon request of either party, the dispute will be referred to an independent certified public accountant to be mutually agreed upon to arbitrate the dispute, 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 will jointly share any cost of such arbitration. Pending resolution of the dispute, the Tenant will pay to Landlord the sum so billed by Landlord, subject to its ultimate resolution as set forth above or Landlord will either return the difference or credit the difference against next succeeding payment(s) of Additional Rentabove. The arbitration mechanism set forth above shall be the sole process available to resolve such disputes.

Books and Reports. Landlord will For the protection of Lessee, Lessor shall maintain books of account which, provided that Tenant has not breached this Lease, will which shall be open to Tenant Lessee and its representatives at all reasonable times so that Tenant Lessee can determine that such Operating, Insurance Utility and Energy and Real Estate Tax Costs have, in fact, been paid or incurred. Tenant’s Lessee's representatives will shall mean only (i) Tenant’s Lessee's employees or (ii) a Certified Public Accounting firm, and neither Tenant’s Lessee's employees nor any Certified Public Accounting firm will shall be permitted to (1) perform such inspection and/or audit on a contingency basis basis, or (2) perform such an inspection and/or audit for any other tenant lessee in the Building. At Landlord’s Lessor's request, Tenant and/or Tenant’s Certified Public Accounting firm will Lessee shall execute a confidentiality agreement reasonably acceptable to Landlord Lessor prior to any examination of Landlord’s Lessor's books and records. In the event Tenant Lessee disputes any one or more of such said charges, Tenant will Lessee shall attempt to resolve such dispute with LandlordLessor, provided that if such dispute is shall not be satisfactorily settled between Landlord Lessor and Tenant within thirty (30) days, then upon request of either partyLessee, the dispute will shall be referred by either party to an independent certified public accountant to be mutually agreed upon to arbitrate the disputeupon, and if such an accountant cannot be agreed upon, the The American Arbitration Association (or successor thereto) may be asked by either party to select an arbitrator, whose decision on of the dispute will be final and binding upon both parties, who will shall jointly share any cost of such arbitration. Pending resolution of the said dispute, the Tenant will Lessee shall pay to Landlord Lessor the sum so billed by Landlord, Lessor under protest and without prejudice subject to its ultimate resolution as set forth above aforesaid. If, based upon Lessee's inspection, it is determined (either by agreement of the parties or Landlord by a final unappealable arbitration award) that based upon Lessor's books and records for Operating Costs for any Lease Year, the sums paid by Lessee hereunder in such Lease Year exceeded Lessee's actual Operating Costs for such Lease Year by more than six percent (6%), then Lessor will either return reimburse Tenant for the difference or credit the difference against next succeeding payment(s) of Additional Rentreasonable costs it incurred to outside, independent auditors to conduct such inspection. The arbitration mechanism set forth above Such reimbursement shall be made within thirty (30) days after demand based upon reasonable substantiation by Lessee of such costs. If Lessee is entitled to a refund on account of any overpayment, then, at Lessor's option, the sole process available overpayment shall be either refunded directly to resolve such disputes.Lessee or applied against future payment(s)

Books and Reports. Landlord will For the protection of Lessee, Lessor shall maintain for a period of at least two (2) years from the end of each Lease Year books of account whichand records for all Operating Costs, provided that Tenant has including, but not breached this Leaselimited to, will Corporate Park Expenses in accordance with good commercial real estate practice which shall be open to Tenant Lessee and its representatives at all reasonable times so that Tenant Lessee can determine that such Operating, Insurance and Real Estate Tax Operating Costs have, in fact, been paid or incurred. Tenant’s representatives will mean only (i) Tenant’s employees or (ii) a Certified Public Accounting firm, and neither Tenant’s employees nor any Certified Public Accounting firm will be permitted Any disagreement with respect to perform such inspection and/or audit on a contingency basis or for any other tenant in the Building. At Landlord’s request, Tenant and/or Tenant’s Certified Public Accounting firm will execute a confidentiality agreement reasonably acceptable to Landlord prior to any examination of Landlord’s books and records. In the event Tenant disputes any one or more of such charges, Tenant will attempt to resolve such dispute with Landlord, provided that said charges if such dispute is not satisfactorily settled between Landlord Lessor and Tenant within thirty (30) days, then upon request of either party, the dispute will Lessee shall be referred by either party to an independent certified public accountant to be mutually agreed upon to arbitrate the disputeupon, 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 will jointly shall equally share any cost of such arbitration. Pending resolution of the said dispute, the Tenant will Lessee shall pay to Landlord Lessor the sum so billed by Landlord, Lessor subject to its ultimate resolution as set forth above aforesaid. If based upon Lessee's inspection, it is determined (either by agreement of the parties or Landlord by a final unappealable arbitration award) that the sums paid by Lessee hereunder in such Lease Year exceeded Lessee's actual Operating Costs for such Lease Year by more than five percent (5%), then Lessor will reimburse Lessee for the reasonable costs it incurred to outside, independent auditors to conduct such inspection. Such reimbursement shall be made within thirty (30) days after demand based upon reasonable substantiation by Lessee of such costs. If Lessee is entitled to a refund on account of any overpayment, then, at Lessor's option, the over payment shall be either return the difference refunded directly to Lessee or credit the difference applied against next succeeding future payment(s) of Additional Rent. The arbitration mechanism set forth above shall be the sole process available to resolve such disputes.

Books and Reports. Landlord will maintain books of account which, provided that Tenant has not breached this Lease, will be open to Tenant and its representatives at all reasonable times so that Tenant can determine that such Operating, Utility and Energy, Insurance and Real Estate Tax Costs have, in fact, been paid or incurred. Tenant’s 's representatives will mean only (i) Tenant’s employees or (ii) a Certified Public Accounting firmqualified professional, and neither Tenant’s employees nor any Certified Public Accounting firm qualified professional will be permitted to perform such inspection and/or audit on a contingency basis or for any other tenant in the Building. At Landlord’s request, Tenant and/or Tenant’s Certified Public Accounting firm qualified professional will execute a confidentiality agreement reasonably acceptable to Landlord prior to any examination of Landlord’s books and records. In the event Tenant disputes any one or more of such charges, Landlord will work with Tenant will attempt in good faith to resolve such dispute with Landlord, provided that if such dispute is not satisfactorily settled between Landlord and Tenant within thirty (30) days, then upon request of either party, the dispute will be referred to an independent indepen­dent certified public accountant to be mutually agreed upon to arbitrate the dispute, 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 will jointly share any cost of such arbitration. Pending resolution of the dispute, the Tenant will pay to Landlord the sum so billed by Landlord, subject to its ultimate resolution as set forth above or Landlord will either return the difference or credit the difference against next succeeding payment(s) of Additional Rentabove. The arbitration mechanism set forth above shall be the sole process available to resolve such disputes. If, based upon Tenant’s inspection, it is determined (either by agreement of the parties or by a final unappealable arbitration award) that based upon Landlord's books and records for Operating Costs, Real Estate Taxes and Insurance Costs for any Lease Year, the aggregate sum paid by hereunder in such Lease Year exceeded Tenant’s aggregate sum of actual Operating Costs, Real Estate Taxes and Insurance Costs for such Lease Year by more than five percent (5%), then Landlord will reimburse Tenant for the actual reasonable out-of-pocket costs it incurred to outside, independent auditors to conduct such inspection, such cost not to exceed $3,500.00. Such reimbursement shall be made within thirty (30) days after demand based upon reasonable substantiation by Tenant of such costs. If Tenant is entitled to a refund on account of any overpayment, then, at Landlord’s option, the overpayment shall be either refunded directly to Tenant or applied against future payment(s) of Additional Rent.