Common use of Finding of Error Clause in Contracts

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.

Finding of Error. Any errors disclosed by the audit of books and records or 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) a firm of certified public accountants of Lessor’s 's choice. In the event of a disagreement between the two accounting firms, the two accounting firms shall agree on an independent accountant who shall decide each item of disagreement and whose decision shall be deemed to be correct, final and binding on both Lessor and Lessee. If the results two accounting firms fail to so agree within thirty (30) days after Lessor's accounting firm completes its review, Lessor or Lessee may apply to the presiding judge of the Superior Court to appoint such independent accountant, whose decision shall be final and binding. If the audit and review of the supporting data, taking into account (if applicable) the process described above results of any additional review caused by Lessor, reveal in a determination that Lessee has overpaid obligations for a preceding period, the amount of such overpayment shall be credited against Lessee’s 's subsequent installment obligations to pay its share of Additional Rent or, if the Lease has terminated or expired, expired paid in cash to Lessee within thirty (30) days after the determination of overpayment is received by delivered to 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 the Lease has terminated or expired, in cash within thirty (30) days after the determination of underpayment is received by delivered to Lessee. Each party shall pay all the costs, and expenses of its chosen accounting firm; provided, howeverfirm and one half of the costs and expenses of the independent accountant, 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 reviewany.

Finding of Error. Any errors disclosed by the audit of books and records or review of supporting data under this Section shall be promptly corrected, provided that Lessor Landlord 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) a firm of certified public accountants of LessorLandlord’s choice. In the event of a disagreement between the two accounting firms, the two accounting firms shall agree on an independent accountant who shall decide each item of disagreement and whose decision shall be deemed to be correct, final and binding on both Landlord and Tenant. If the results two accounting firms fail to so agree within thirty (30) days after Landlord’s accounting firm completes its review, Landlord or Tenant may apply to the presiding judge of the Superior Court to appoint such independent accountant, whose decision shall be final and binding. If the audit and review of the supporting data, taking into account (if applicable) the process described above results of any additional review caused by Lessor, reveal in a determination that Lessee Tenant has overpaid obligations for a preceding period, the amount of such overpayment plus interest at the Agreed Rate shall be credited against LesseeTenant’s subsequent installment obligations to pay its share of Additional Rent rent or, if the this Lease has terminated or expired, paid in cash lawful money to Tenant within thirty (30) days after the determination of overpayment is received by Lessordelivered to Landlord. In the event that such results show that Lessee Tenant has underpaid its obligations for a preceding period, the amount of such underpayment shall be paid by Lessee Tenant to Lessor Landlord with the next succeeding installment obligation of Additional Rent or, if this Lease has terminated or expired, in cash lawful money within thirty (30) days after the determination of underpayment is received by Lesseedelivered to Tenant. Each party shall pay all the costs, and expenses of its chosen accounting firm; provided, howeverfirm and one half of the costs and expenses of the independent accountant, if Lessor any. The payment by Tenant of any amounts pursuant to this Section 4 shall not preclude Tenant from questioning, during the Review Period, the correctness of the particular Landlord’s Statement in question provided by Landlord, but the failure of Tenant to object thereto, conduct and Lessee determine that complete its inspection and conduct the audit as described above prior to the expiration of the Review Period for such Landlord’s Statement shall be conclusively deemed Tenant’s approval of the Landlord’s Statement in question and the amount of Operating Expenses for and other Additional Rent, as the Project for case may be, shown thereon. In addition, if the year amount shown as due in question were less than those stated in LessorLandlord’s Statement exceeds the actual Operating Expenses which should have been charged to Tenant by more than five eight 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 (58%), then Lessee the cost of such review shall reimburse Lessor for the reasonable amounts be paid by Lessor to third parties in connection with such reviewLandlord.

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, 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 paid to Lessee within thirty (30) days after of discovery thereof in the determination of overpayment is received by Lessorevent that this Lease has already terminated or expired. 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 the 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, that if Lessor and such audit demonstrates that Lessee determine that had overpaid Lessee’s Share of 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%), then Lessor shall reimburse Lessee for the its reasonable amounts paid by Lessee to third parties in connection with expenses of such reviewaudit. If Lessor and such audit demonstrates that Lessee determine that has underpaid Lessee’s Share of 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 its reasonable amounts paid by Lessor to third parties in connection expenses associated with such reviewaudit.

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. 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 the supporting data, data taking into account (account, if applicable) , the results of any additional review caused by Lessor, 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 Lessee’s Share of Additional Rent, or if no Rent oris owed, if the Lease has terminated or expired, in cash within thirty (30) days after the determination of such overpayment is received by Lessorshall be promptly refunded to Lessee. 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 the Lease has terminated or expiredterminated, in cash within thirty (30) days after the determination of underpayment is received by delivered to Lessee. Each party shall pay all the costs, cost and expenses expense 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.