Common use of Correction of Internal Controls Clause in Contracts

Correction of Internal Controls. Should Owner's employees or appointees discover either weaknesses in internal control or errors in record keeping, Manager shall correct such discrepancies either upon discovery or within a reasonable period of time thereafter. Manager shall inform Owner in writing of the action taken to correct such audit discrepancies. Any and all such audits conducted either by Owner's employees or appointees will be at the sole expense of Owner, unless such audit (i) indicates fraud or gross neglect by Manager in its record keeping, or (ii) discloses an error on the part of Manager which affects Owner adversely and is equal to or greater than two percent (2%) of the greater of gross expenses or gross receipts of the Premises for the period audited, and in the case of (i) or (ii) above, Manager shall bear the reasonable cost of the applicable audit.

Appears in 4 contracts

Samples: Management and Leasing Agreement (Hines Global Reit Ii, Inc.), Management and Leasing Agreement (Hines Global Reit Ii, Inc.), Management and Leasing Agreement (Hines Global REIT, Inc.)

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Correction of Internal Controls. Should Owner's ’s employees or appointees discover either weaknesses in internal control or errors in record keeping, Manager shall correct such discrepancies either upon discovery or within a reasonable period of time thereafter. Manager shall inform Owner in writing of the action taken to correct such audit discrepancies. Any and all such audits conducted either by Owner's ’s employees or appointees will be at the sole expense of Owner, unless such audit (i) indicates fraud or gross neglect by Manager in its record keeping, or (ii) discloses an error on the part of Manager which affects Owner adversely and is equal to or greater than two percent (2%) % of the greater of gross expenses or gross receipts of the Premises Property for the period audited, and in the case of (i) or (ii) above, Manager shall bear the reasonable cost of the applicable audit.

Appears in 3 contracts

Samples: Management and Leasing Agreement (Hines Real Estate Investment Trust Inc), Management and Leasing Agreement (Hines Real Estate Investment Trust Inc), Management and Leasing Agreement (Hines Real Estate Investment Trust Inc)

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Correction of Internal Controls. Should Owner's employees or appointees discover either weaknesses in internal control or errors in record keeping, Manager shall correct such discrepancies either upon discovery or within a reasonable period of time thereafter. Manager shall inform Owner in writing of the action taken to correct such audit discrepancies. Any and all such audits conducted either by Owner's employees or appointees will be at the sole expense of Owner, unless such audit (i) indicates fraud or gross neglect by Manager in its record keeping, or (ii) discloses an error on the part of Manager which affects Owner adversely and is equal to or greater than two percent (2%) % of the greater of gross expenses or gross receipts of the Premises Property for the period audited, and in the case of (i) or (ii) above, Manager shall bear the reasonable cost of the applicable audit.

Appears in 2 contracts

Samples: Management and Leasing Agreement (Hines Real Estate Investment Trust Inc), Management and Leasing Agreement (Hines Real Estate Investment Trust Inc)

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