Common use of Landlord’s Dispute Clause in Contracts

Landlord’s Dispute. If Landlord disputes the results of any Tenant’s Review, Landlord shall provide written notice of such dispute and Landlord and Tenant shall promptly thereafter work in good faith in an attempt to address Landlord’s dispute for a period of thirty (30) days after completion of Tenant’s Review (the “Landlord’s Dispute Period”). If Landlord and Tenant are unable to resolve Landlord’s dispute within Landlord’s Dispute Period, Landlord may provide Tenant written notice within fifteen (15) days after the Landlord’s Dispute Period of its election to seek resolution of the dispute by an Independent CPA (as defined below) together with a list of five (5) independent, certified public accounting firms that are not currently providing, and have not within the three (3) previous years provided, services to Landlord or Tenant or any entity Controlling, Controlled by or under common Control of Landlord or Tenant. All of the firms shall be nationally or regionally recognized firms with annual revenues in excess of Twenty Million Dollars ($20,000,000.00) during the preceding two (2) fiscal years and have experience in accounting related to commercial office buildings. In order to accommodate the foregoing, Tenant shall provide Landlord, within five (5) days after request, a complete list of all certified public accounting firms that are currently providing, or have within the three (3) previous years provided, services to Tenant or any entity Controlling, Controlled by or under common Control of Tenant. Landlord’s failure to deliver a notice of dispute and such list of accounting firms within fifteen (15) days after Landlord’s Dispute Period shall be deemed to be Landlord’s acceptance of the results of Tenant’s Review. Within thirty (30) days after receipt of the list of accounting firms from Landlord, Tenant shall choose one of the five (5) firms by written notice to Landlord, which firm is referred to herein as the “Independent CPA.” The Independent CPA shall examine and inspect the records of Landlord concerning the components of Operating Expenses and/or Tax Expenses for the calendar year in question and the results of Tenant’s Review and make a determination regarding the accuracy of Tenant’s Review. If the Independent CPA’s determination shows that Tenant has overpaid with respect to Escalation Rent, by more than five percent (5%), then Landlord shall pay all actual, reasonable costs associated with the Independent CPA’s review and if less than five percent (5%) such costs shall be shared equally by Landlord and Tenant. The determination of the Independent CPA shall be final and binding upon Landlord and Tenant.

Landlord’s Dispute. If Landlord disputes the results of any Tenant’s Review, Landlord shall provide written notice of such dispute and Landlord and Tenant shall promptly thereafter work in good faith in an attempt to address Landlord’s dispute for a period of thirty (30) days after completion of Tenant’s Review (the “Landlord’s Dispute Period”). If Landlord and Tenant are unable to resolve Landlord’s dispute within Landlord’s Dispute Period, Landlord may provide Tenant written notice within fifteen (15) days after the Landlord’s Dispute Period of its election to seek resolution of the dispute by an Independent CPA (as defined below) together with a list of five (5) independent, certified public accounting firms that are not currently providing, and have not within the three (3) previous years provided, services to Landlord or Tenant or any entity Controlling, Controlled by or under common Control of Landlord or Tenant. All of the firms shall be nationally or regionally recognized firms with annual revenues in excess of Twenty Million Dollars ($20,000,000.00) during the preceding two (2) fiscal years and have experience in accounting related to commercial office buildings. In order to accommodate the foregoing, Tenant shall provide Landlord, within five (5) days after request, a complete list of all certified public accounting firms that are currently providing, or have within the three (3) previous years provided, services to Tenant or any entity Controlling, Controlled by or under common Control of Tenant. Landlord’s failure to deliver a notice of dispute and such list of accounting firms within fifteen (15) days after Landlord’s Dispute Period shall be deemed to be Landlord’s acceptance of the results of Tenant’s Review. Within thirty (30) days after receipt of the list of accounting firms from Landlord, Tenant shall choose one of the five (5) firms by written notice to Landlord, which firm is referred to herein as the “Independent CPA.” The Independent CPA shall examine and inspect the records of Landlord Landlord’s Records concerning the components of Operating Expenses and/or Tax Expenses for the calendar year in question and the results of Tenant’s Review and make a determination regarding the accuracy of Tenant’s Review. If the Independent CPA’s determination shows that Tenant has overpaid with respect to Escalation RentOperating Expenses, by more than five percent (5%), then Landlord shall pay all actual, reasonable costs associated with the Independent CPA’s review and as well as the costs of Tenant’s Review and, if less than five percent (5%) such ), Tenant shall pay the cost of Tenant’s Review and the costs of the Independent Review shall be shared equally by Landlord and Tenant, but in no event shall Landlord be obligated to pay costs for any review by an Independent CPA together with the cost of Tenant’s Review in excess of Fifteen Thousand Dollars ($15,000). The determination of the Independent CPA shall be final and binding upon Landlord and Tenant.

Landlord’s Dispute. If Landlord disputes the results of any Tenant’s 's Review, Landlord shall provide written notice of such dispute and Landlord and Tenant shall promptly thereafter work in good faith in an attempt to address Landlord’s 's dispute for a period of thirty (30) days after completion of Tenant’s 's Review (the “"Landlord’s 's Dispute Period”"). If Landlord and Tenant are unable to resolve Landlord’s 's dispute within Landlord’s 's Dispute Period, Landlord may provide Tenant written notice within fifteen (15) days after the Landlord’s 's Dispute Period of its election to seek resolution of the dispute by an Independent CPA (as defined below) together with a list of five (5) independent, certified public accounting firms that are not currently providing, and have not within the three (3) previous years provided, services to Landlord or Tenant or any entity Controlling, Controlled by or under common Control of Landlord or Tenant. All of the firms shall be nationally or regionally recognized firms with annual revenues in excess of Twenty Million Dollars ($20,000,000.00) during the preceding two (2) fiscal years and have experience in accounting related to commercial office buildings. In order to accommodate the foregoing, Tenant shall provide Landlord, within five (5) days after request, a complete list of all certified public accounting firms that are currently providing, or have within the three (3) previous years provided, services to Tenant or any entity Controlling, Controlled by or under common Control of Tenant. Landlord’s failure to deliver a notice of dispute and such list of accounting firms within fifteen (15) days after Landlord’s Dispute Period shall be deemed to be Landlord’s acceptance of the results of Tenant’s Review. Within thirty (30) days after receipt of the list of accounting firms from Landlord, Tenant shall choose one of the five (5) firms by written notice to Landlord, which firm is referred to herein as the “"Independent CPA.” " The Independent CPA shall examine and inspect the records of Landlord Landlord's Records concerning the components of Operating Expenses and/or Tax Expenses for the calendar year in question and the results of Tenant’s 's Review and make a determination regarding the accuracy of Tenant’s 's Review. If the Independent CPA’s 's determination shows or Landlord otherwise agrees that Tenant has overpaid with respect to Escalation Rent, Operating Expenses by more than five percent (5%), then Landlord shall pay all actual, reasonable costs associated with the Independent CPA’s 's review and as well as the costs of Tenant's Review and, if less than five percent (5%) such ), the costs of the Independent CPA shall be shared equally by Landlord and Tenant, but in no event shall Landlord be obligated to pay costs for any review by an Independent CPA together with the cost of Tenant's Review in excess of Fifteen Thousand Dollars ($15,000.00) in the aggregate. The determination of the Independent CPA shall be final and binding upon Landlord and Tenant.

Landlord’s Dispute. If Landlord disputes the results of any Tenant’s 's Review, Landlord shall provide written notice of such dispute and Landlord and Tenant shall promptly thereafter work in good faith in an attempt to address Landlord’s 's dispute for a period of thirty (30) days after completion of Tenant’s 's Review (the “"Landlord’s 's Dispute Period”"). If Landlord and Tenant are unable to resolve Landlord’s 's dispute within Landlord’s 's Dispute Period, Landlord may provide Tenant written notice within fifteen (15IS) days after the Landlord’s 's Dispute Period of its election to seek resolution of the dispute by an Independent CPA (as defined below) together with a list of five (5) independent, certified public accounting firms that are not currently providing, and have not within the three (3) previous years provided, services to Landlord or Tenant or any entity Controlling, Controlled by or under common Control of Landlord or Tenant. All of the firms shall be nationally or regionally recognized firms with annual revenues in excess of Twenty Million Dollars ($20,000,000.00) during the preceding two (2) fiscal years and have experience in accounting related to commercial office buildings. In order to accommodate the foregoing, Tenant shall provide Landlord, within five (5) days after request, a complete list of all certified public accounting firms that are currently providing, or have within the three (3) previous years provided, services to Tenant or any entity Controlling, Controlled by or under common Control of Tenant. Landlord’s 's failure to deliver a notice of dispute and such list of accounting firms within fifteen (15IS) days after Landlord’s 's Dispute Period shall be deemed to be Landlord’s 's acceptance of the results of Tenant’s 's Review. Within thirty (30) days after receipt of the list of accounting firms from Landlord, Tenant shall choose one of the five (5) firms by written notice to Landlord, which firm is referred to herein as the “"Independent CPA.” " The Independent CPA shall examine and inspect the records of Landlord Landlord's Records concerning the components of Operating Expenses and/or Tax Expenses Real Property Taxes for the calendar year in question and the results of Tenant’s 's Review and make a determination regarding the accuracy of Tenant’s 's Review. If the Independent CPA’s 's determination shows that Tenant has overpaid with respect to Escalation Rent, by more than five percent (5%), then Landlord shall pay all actual, reasonable costs associated with the Independent CPA’s 's review and if less than five percent (5%) such the costs shall be shared equally by Landlord and Tenant, but in no event shall Landlord be obligated to pay costs for any review by an Independent CPA in excess of Fifteen Thousand Dollars ($15,000.00). The determination of the Independent CPA shall be final and binding upon Landlord and Tenant.

Landlord’s Dispute. If Landlord disputes the results of any Tenant’s Review, Landlord shall provide written notice of such dispute and Landlord and Tenant shall promptly thereafter work in good faith in an attempt to address Landlord’s dispute for a period of thirty (30) days after completion of Tenant’s Review (the “Landlord’s Dispute Period”). If Landlord and Tenant are unable to resolve Landlord’s dispute within Landlord’s Dispute Period, Landlord may provide Tenant written notice within fifteen (15) days after the Landlord’s Dispute Period of its election to seek resolution of the dispute by an Independent CPA (as defined below) together with a list of five (5) independent, certified public accounting firms that are not currently providing, and have not within the three (3) previous years provided, services to Landlord or Tenant or any entity Controlling, Controlled by or under common Control of Landlord or Tenant. All of the firms shall be nationally or regionally recognized firms with annual revenues in excess of Twenty Million Dollars ($20,000,000.00) during the preceding two (2) fiscal years and have experience in accounting related to commercial office buildings. In order to accommodate the foregoing, Tenant shall provide Landlord, within five (5) days after request, a complete list of all certified public accounting firms that are currently providing, or have within the three (3) previous years provided, services to Tenant or any entity Controlling, Controlled by or under common Control of Tenant. Landlord’s failure to deliver a notice of dispute and such list of accounting firms within fifteen (15) days after Landlord’s Dispute Period shall be deemed to be Landlord’s acceptance of the results of Tenant’s Review. Within thirty (30) days after receipt of the list of accounting firms from Landlord, Tenant shall choose one of the five (5) firms by written notice to Landlord, which firm is referred to herein as the “Independent CPA.” ”. The Independent CPA shall examine and inspect the records of Landlord concerning the components of Operating Expenses and/or Tax Expenses for the calendar year in question and the results of Tenant’s Review and make a determination regarding the accuracy of Tenant’s Review. If the Independent CPA’s determination shows that Tenant has overpaid with respect to Escalation Rent, by more than five percent (5%), then Landlord shall pay all actual, reasonable costs associated with the Independent CPA’s review and if less than five percent (5%) such costs shall be shared equally by Landlord and Tenant. The determination of the Independent CPA shall be final and binding upon Landlord and Tenant.

Landlord’s Dispute. If Landlord disputes the results of any Tenant’s Review, Landlord shall provide written notice of such dispute and Landlord and Tenant shall promptly thereafter work in good faith in an attempt to address LandlordLxxxxxxx’s dispute for a period of thirty (30) days after completion of TenantTxxxxx’s Review (the “Landlord’s Dispute Period”). If Landlord and Tenant are unable to resolve Landlord’s dispute within Landlord’s Dispute Period, Landlord may provide Tenant written notice within fifteen (15) days after the Landlord’s Dispute Period of its election to seek resolution of the dispute by an Independent CPA (as defined below) together with a list of five (5) independent, certified public accounting firms that are not currently providing, and have not within the three (3) previous years provided, services to Landlord or Tenant or any entity Controlling, Controlled by or under common Control of Landlord or Tenant. All of the firms shall be nationally or regionally recognized firms with annual revenues in excess of Twenty Million Dollars ($20,000,000.00) during the preceding two (2) fiscal years and have experience in accounting related to commercial office buildings. In order to accommodate the foregoing, Tenant shall provide Landlord, within five ten (510) business days after request, a complete list of all certified public accounting firms that are currently providing, or have within the three (3) previous years provided, services to Tenant or any entity Controlling, Controlled by or under common Control of Tenant. LandlordLxxxxxxx’s failure to deliver a notice of dispute and such list of accounting firms within fifteen thirty (1530) days after LandlordLxxxxxxx’s Dispute Period shall be deemed to be Landlord’s acceptance of the results of Tenant’s Review. Within thirty (30) days after receipt of the list of accounting firms from Landlord, Tenant shall choose one (1) of the five (5) firms by written notice to Landlord, which firm is referred to herein as the “Independent CPA.” ”. The Independent CPA shall examine and inspect the records of Landlord concerning the components of Real Property Taxes, Insurance Expenses and Common Area Operating Expenses and/or Tax Expenses for the calendar year in question and the results of TenantTxxxxx’s Review and make a determination regarding the accuracy of TenantTxxxxx’s Review. If the Independent CPA’s determination shows that Tenant Txxxxx has overpaid with respect to Escalation Rent, Additional Rent (i) by more than five two percent (52%), ) or more then Landlord shall pay all actual, reasonable costs associated with the Independent CPA’s review review, and if (ii) by less than five two percent (52%) then such costs shall be shared equally borne by Landlord and Tenant. The determination of the Independent CPA shall be final and binding upon Landlord and Txxxxx. If the Independent CPA (or, if Landlord does not dispute Tenant’s Review as provided in this Section, Txxxxx’s Review) shows that Txxxxx has overpaid with respect to Additional Rent by two percent (2%) or more, then Landlord shall reimburse Tenant for all costs incurred by Tenant for Tenant’s Review.

Landlord’s Dispute. If Landlord disputes the results of any Tenant’s Review, Landlord shall provide written notice of such dispute and Landlord and Tenant shall promptly thereafter work in good faith in an attempt to address Landlord’s dispute for a fora period of thirty (30) days after completion of Tenant’s Review (the “Landlord’s Dispute Period”). If Landlord and Tenant are unable to resolve Landlord’s dispute within Landlord’s Dispute Period, Landlord may provide Tenant written notice within fifteen (15) days after the Landlord’s Dispute Period of its election to seek resolution of the dispute by an Independent CPA (as defined below) together with a list of five (5) independent, certified public accounting firms that are not currently providing, and have not within the three (3) previous years provided, services to Landlord or Tenant or any entity Controlling, Controlled by or under common Control of Landlord or Tenant. All of the firms shall be nationally or regionally recognized firms with annual revenues in excess of Twenty Million Dollars ($20,000,000.00) during the preceding two (2) fiscal years and have experience in accounting related to commercial office buildings. In order to accommodate the foregoing, Tenant shall provide Landlord, within five ten (510) days after request, a complete list of all certified public accounting firms that are currently providing, or have within the three (3) previous years provided, services to Tenant or any entity Controlling, Controlled by or under common Control of Tenant. Landlord’s failure to deliver a notice of dispute and such list of accounting firms within fifteen (15) days after Landlord’s Dispute Period shall be deemed to be Landlord’s acceptance of the results of Tenant’s Review. Within thirty (30) days after receipt of the list of accounting firms from Landlord, Tenant shall choose one of the five (5) firms by written notice to Landlord, which firm is referred to herein as the “Independent CPA.” The Independent CPA shall examine and inspect the records of Landlord concerning the components of Operating Expenses and/or Tax Expenses Real Property Taxes for the calendar year in question and the results of Tenant’s Review and make a determination regarding the accuracy of Tenant’s Review. If the Independent CPA’s determination shows that Tenant has overpaid with respect to Escalation Rent, by more than five four percent (54%), then Landlord shall pay all actual, reasonable costs associated with the Independent CPA’s review (but in no event more than the amount of the overpayment by Tenant, or Seven Thousand Five Hundred Dollars ($7,500.00), whichever is less) and if less than five four percent (54%) such the costs shall be shared equally borne by Landlord and Tenant. The determination of the Independent CPA shall be final and binding upon Landlord and Tenant.