Common use of Exercise of Right by Tenant Clause in Contracts

Exercise of Right by Tenant. Provided that Tenant is not in default under this Lease, and provided further that Tenant strictly complies with the provisions of this Section 4.06, Tenant shall have the right to reasonably review supporting data for any portion of a Landlord’s Statement for any Lease Year that Tenant claims is incorrect. In order for Tenant to exercise its right under this Section 4.06, Tenant shall, within sixty (60) days after Landlord’s Statement for such Lease Year is delivered to Tenant, deliver a written notice to Landlord specifying the portions of such Landlord’s Statement that are claimed to be incorrect, and Tenant shall simultaneously pay to Landlord all amounts due from Tenant to Landlord as specified in such Landlord’s Statement. In no event shall Tenant be entitled to withhold, deduct, or offset any monetary obligation of Tenant to Landlord under this Lease, including, without limitation, Tenant’s obligation to make all Base Rent payments and all payments of Additional Rent pending the completion of, and regardless of the results of, any review under this Section 4.06. The right to review granted to Tenant under this Section 4.06 may only be exercised once for any Landlord’s Statement, and if Tenant fails to meet any of the above conditions as a prerequisite to the exercise of such right, the right of Tenant under this Section 4.06 for a particular Landlord’s Statement shall be deemed waived.

Exercise of Right by Tenant. Provided that Tenant is has not in received written notice of a Tenant default from Landlord under this LeaseLease and such default has not yet been cured, and provided further that Tenant strictly complies with the provisions of this Section 4.06, Tenant shall have the right to reasonably review supporting data for any portion of a Landlord’s Statement for any Lease Year that Tenant claims is incorrect. In order for Tenant to exercise its right under this Section 4.06, Tenant shall, within sixty one hundred twenty (60120) days after any Landlord’s Statement for such Lease Year is delivered to Tenantreceived, deliver a written notice to Landlord specifying the portions of such Landlord’s Statement that are claimed to be incorrect, and Tenant shall simultaneously pay to Landlord all amounts due from Tenant to Landlord as specified in such Landlord’s StatementStatement if such amounts have not previously been paid. In Except as expressly set forth in Section 4.06(c) below, in no event shall Tenant be entitled to withhold, deduct, or offset any monetary obligation of Tenant to Landlord under this Lease, including, without limitation, Tenant’s obligation to make all Base Rent payments and all payments of Additional Rent pending the completion of, and regardless of the results of, any review under this Section 4.06. The right to review granted to Tenant under this Section 4.06 may only be exercised once for any Landlord’s Statement, and if Tenant fails to meet any of the above conditions as a prerequisite to the exercise of such right, the right of Tenant under this Section 4.06 for a particular Landlord’s Statement shall be deemed waived.

Exercise of Right by Tenant. Provided that Tenant is not in default under this Lease, and provided further that Tenant strictly complies with the provisions of this Section 4.06, Tenant shall have the right upon reasonable notice and at reasonable times to audit all books and records of Landlord used in calculating Operating Expenses, Common Area charges, taxes and other Additional Rent hereunder. Landlord will cooperate reasonably review supporting data for any portion of a Landlord’s Statement for any Lease Year that with Tenant claims is incorrectin such audit on the terms and conditions set forth below. In order for Tenant to exercise its right under this Section 4.06Section, Tenant shall, within sixty no later than six (606) days months (after delivery of any Landlord’s Statement for such Lease Year is delivered to TenantStatement, deliver a written notice to Landlord specifying exercising its rights hereunder with regard to the portions of such immediately prior Landlord’s Statement that are claimed to be incorrectStatement, and Tenant shall simultaneously pay to Landlord all amounts due from Tenant to Landlord as specified in such the current Landlord’s Statement. In no event shall Tenant be entitled to withhold, deduct, or offset any monetary obligation of Tenant to Landlord under this Lease, Lease including, without limitation, Tenant’s obligation to make all Base Rent payments and all payments of for Additional Rent pending the completion of, and regardless of the results of, any review under this Section 4.064.8. The right to review granted to Tenant under this Section 4.06 4.8 may only be exercised once for any Landlord’s Statement, and if Tenant fails to meet any of the above conditions as a prerequisite to the exercise of such right, the right of Tenant under this Section 4.06 for a particular Landlord’s Statement shall be deemed waived.

Exercise of Right by Tenant. Provided that Tenant is has not received written notice from Landlord, acting in good faith, of an uncured monetary or material non-monetary default by Tenant under this Lease, and provided further that Tenant strictly complies with the provisions of this Section 4.06, Tenant shall have the right to reasonably review supporting data for any portion of a Landlord’s Statement for any Lease Year that Tenant claims is incorrect. In order for Tenant to exercise its right under this Section 4.06, Tenant shall, within sixty ninety (6090) days after any Landlord’s Statement for such Lease Year is delivered to Tenantreceived, deliver a written notice to Landlord specifying the portions of such Landlord’s Statement that are claimed to be incorrect, and Tenant shall simultaneously pay to Landlord when due all amounts due from Tenant to Landlord as specified in such Landlord’s Statement. In Except as expressly set forth in Section 4.06(c) below or elsewhere in this Lease, in no event shall Tenant be entitled to withhold, deduct, or offset any monetary obligation of Tenant to Landlord under this Lease, including, without limitation, Tenant’s obligation to make all Base Rent payments and all payments of Additional Rent pending the completion of, and regardless of the results of, any review under this Section 4.06. The right to review granted to Tenant under this Section 4.06 may only be exercised once for any Landlord’s Statement, and if Tenant fails to meet any of the above conditions as a prerequisite to the exercise of such right, the right of Tenant under this Section 4.06 for a particular Landlord’s Statement shall be deemed waived.

Exercise of Right by Tenant. Provided that Tenant is has not in then received an uncured notice of default under this Lease, Lease from Landlord and provided further that Tenant strictly complies with the provisions of this Section 4.06, Tenant shall have the right to reasonably review supporting data for any portion of a Landlord’s Statement for any Lease Year that Tenant claims is incorrect. In order for Tenant to exercise its right under this Section 4.06, Tenant shall, within sixty one hundred twenty (60120) days after any Landlord’s Statement for such Lease Year is delivered to Tenantreceived, deliver a written notice to Landlord specifying the portions of such Landlord’s Statement that are claimed to be incorrect, and Tenant shall simultaneously pay to Landlord all amounts due from Tenant to Landlord as specified in such Landlord’s StatementStatement if such amounts have not previously been paid. In Except as expressly set forth in Section 4.06(c) below, in no event shall Tenant be entitled to withhold, deduct, or offset any monetary obligation of Tenant to Landlord under this Lease, including, without limitation, Tenant’s obligation to make all Base Rent payments and all payments of Additional Rent pending the completion of, and regardless of the results of, any review under this Section 4.06. The right to review granted to Tenant under this Section 4.06 may only be exercised once for any Landlord’s Statement, and if Tenant fails to meet any of the above conditions as a prerequisite to the exercise of such right, the right of Tenant under this Section 4.06 for a particular Landlord’s Statement shall be deemed waived.

Exercise of Right by Tenant. Provided that Tenant is not in default under this Lease, and provided further that Tenant strictly complies with the provisions of this Section 4.06, Tenant shall have the right upon thirty (30) days written notice to Landlord to reasonably review supporting data for any portion of a Landlord’s Statement for any Lease Year that Tenant claims is incorrect. Landlord shall maintain at all times during the Lease Term, at the office of Landlord, full, complete and accurate books of account and records prepared in accordance with generally accepted accounting principles with respect to Operating Expenses, and shall retain such books and records, as well as contracts, bills, vouchers and checks and such other documents as are reasonably necessary to properly audit Operating Expenses. In order for Tenant to exercise its right under this Section 4.06, Tenant shall, within sixty one hundred twenty (60120) days after any Landlord’s Statement for such Lease Year is delivered to Tenantreceived, deliver a written notice to Landlord specifying the portions of such Landlord’s Statement that are claimed to be incorrect, and Tenant shall simultaneously pay to Landlord all amounts due from Tenant to Landlord as specified in such Landlord’s Statement. In Except as expressly set forth in Section 4.06(c) below, in no event shall Tenant be entitled to withhold, deduct, or offset any monetary obligation of Tenant to Landlord under this Lease, including, without limitation, Tenant’s obligation to make all Base Rent payments and all payments of Additional Rent pending the completion of, and regardless of the results of, any review under this Section 4.06. The right to review granted to Tenant under this Section 4.06 may only be exercised once for any Landlord’s Statement, and if Tenant fails to meet any of the above conditions as a prerequisite to the exercise of such right, the right of Tenant under this Section 4.06 for a particular Landlord’s Statement shall be deemed waived.