Finding of Error Clause Samples

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Finding of Error. Any errors disclosed by the review of supporting data under this Section shall be promptly corrected, provided that Lessor shall have the right to cause another review of the supporting data to be made by an independent (i.e., not then engaged by Lessor for any other purposes) firm of certified public accountants of Lessor’s choice. If the results of the review of the supporting data, taking into account (if applicable) the results of any additional review caused by Lessor, reveal that Lessee has overpaid obligations for a preceding period, the amount of such overpayment shall be credited against Lessee’s subsequent installment obligations to pay its share of Additional Rent or, if the Lease has terminated or expired, in cash within thirty (30) days after the determination of overpayment is received by Lessor. In the event that such results show that Lessee has underpaid its obligations for a preceding period, the amount of such underpayment shall be paid by Lessee to Lessor with the next succeeding installment obligation of Additional Rent or, if this Lease has terminated or expired, in cash within thirty (30) days after the determination of underpayment is received by Lessee. Each party shall pay all the costs, and expenses of its chosen accounting firm; provided, however, if Lessor and Lessee determine that Operating Expenses for the Project for the year in question were less than those stated in Lessor’s Statement by more than five percent (5%), Lessor shall reimburse Lessee for the reasonable amounts paid by Lessee to third parties in connection with such review. If Lessor and Lessee determine that Operating Expenses for the Project in the year in question were not less than those stated in Lessor’s Statement by more than five percent (5%), then Lessee shall reimburse Lessor for the reasonable amounts paid by Lessor to third parties in connection with such review.
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Finding of Error. Any errors disclosed by the review of supporting data under this Paragraph shall be promptly corrected, provided that Lessor shall have the right to cause another review of the supporting data to be made by an independent firm of certified public accountants of national standing. In the event of a disagreement between the two accounting firms, the review that discloses the least amount of deviation from the Lessor’s statement shall be deemed to be correct and its review shall be final and binding on both Lessor and Lessee. If the results of the review of supporting data taking into account, if applicable, the results of any additional review caused by Lessor reveal that Lessee has overpaid obligations for a preceding period, the amount of such overpayment shall be credit against Lessee’s subsequent installment obligations to pay its share of Additional Rent. In the event that such results show that Lessee has underpaid its obligations for a preceding period, the amount of such underpayment shall be paid by Lessee to Lessor with the next succeeding installment obligation of Additional Rent or, if the Lease has terminated, in cash within thirty (30) days after the determination of underpayment is delivered to Lessee. Each party shall pay the cost and expense of its chosen accounting firm.
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Finding of Error. Any errors disclosed by the review of records under this paragraph shall be promptly corrected, provided Landlord shall have the right to cause another review of the records to be made by an independent firm of certified public accountants of national standing. In the event of a disagreement between the two accounting firms, the review that discloses the least amount of deviation from Landlord’s statement shall be deemed correct. In the event that the results of the review of records (taking into account, if applicable, the results of any additional review caused by Landlord pursuant to this Section) reveal that Tenant has overpaid by more than five percent (5%) for a proceeding period, the amount for such overpayment shall be credited against Tenant’s subsequent installment obligations to pay its share of estimated Common Area Maintenance Expenses. In the event that such results show that the Tenant has underpaid its obligations for a proceeding period, the amount of such underpayment shall be paid by Tenant to Landlord with the next succeeding installment obligation of estimated Common Area Maintenance Costs.
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Finding of Error. (i) Any error disclosed by the review of record under this paragraph shall be promptly corrected, provided that Landlord shall have the right to cause another review of the records to be made by an independent firm or certified public accountants of national standing. In the event of a disagreement between the two accounting firms, the review that discloses the lease amount of deviation from the Landlord's Statement shall be deemed to be correct. (ii) In the event that the results of the review of records [taking into account, if applicable, the results of any additional review caused by Landlord pursuant to subparagraph (c) (1) above] reveal that Tenant has overpaid obligations for a preceding period, the amount of such overpayment shall be credited against Tenant's subsequent installment obligations to pay its share of estimated or actual Additional Rent. (iii) In the event that such results show that Tenant has underpaid its obligations for a preceding period, the amount of such underpayment shall be paid by Tenant to Landlord with the next succeeding installment obligation of estimated or actual Additional Rent.
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Finding of Error. Any errors disclosed by the review of records under this section shall be promptly corrected, provided that LESSOR shall have the right to cause another review of the records to be made by an independent firm of certified public accountants. In the event of a disagreement between the two accounting firms, the review that disclosed the least amount of deviation from the Operational Expense Statement shall be deemed to be correct. In the event that the results of the review of records (taking into account, if applicable, the results of any additional review caused by ▇▇▇▇▇▇) reveal that LESSEE has overpaid obligations for a preceding period, the amount of such overpayment shall be credited against ▇▇▇▇▇▇'s subsequent installment obligations to pay its share of estimated Operating Expenses. In the event that such results show that LESSEE has underpaid its obligations for a preceding period, the amount of such underpayment shall be paid by LESSEE to LESSOR with the next succeeding installment obligation of estimated Operating Expenses.
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Finding of Error. (1) Any error disclosed by the review of record under this paragraph shall be promptly corrected, provided that Landlord shall have the right to cause another review of the records to be made by an independent firm of certified public accountants of national standing (the “Independent Auditor”) with no substantial pre-existing relationship with either Landlord of Tenant. The conclusions of the Independent Auditor shall be binding on the parties. The parties shall split the cost of the Independent Auditor. (2) In the event that the results of the review of records reveal that Tenant has overpaid obligations for a preceding period, the amount of such overpayment shall be credited against Tenant’s subsequent installment obligations to pay its share of estimated or actual Additional Rent, or if at the end of the term refunded to Tenant promptly. (3) In the event that such results show that Tenant has underpaid its obligations for a preceding period, the amount of such underpayment shall be paid by Tenant to Landlord with the next succeeding installment obligation of estimated or actual Additional Rent.
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Related to Finding of Error

  • Notification of Error The Trust will notify USBFS of any discrepancy between USBFS and the Trust, including, but not limited to, failing to account for a security position in the Fund’s portfolio, upon the later to occur of: (i) three business days after receipt of any reports rendered by USBFS to the Trust; (ii) three business days after discovery of any error or omission not covered in the balancing or control procedure; or (iii) three business days after receiving notice from any shareholder regarding any such discrepancy.

  • Independence from Material Breach Determination Except as set forth in Section X.D.1.c, these provisions for payment of Stipulated Penalties shall not affect or otherwise set a standard for OIG’s decision that CCH has materially breached this CIA, which decision shall be made at OIG’s discretion and shall be governed by the provisions in Section X.D, below.

  • Correction of Errors Contractor shall perform, at its own cost and expense and without reimbursement from the District, any work necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care required herein.

  • Termination for Force Majeure 15.5.1. The License Agreement may be terminated for Force Majeure Reasons as specified in Article -14.

  • Independent Credit Decision The Assignee (a) acknowledges that it has received a copy of the Credit Agreement and the Schedules and Exhibits thereto, together with copies of the most recent financial statements of the Borrower, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and Acceptance; and (b) agrees that it will, independently and without reliance upon the Assignor, the Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Credit Agreement.