Common use of Landlord’s Records Clause in Contracts

Landlord’s Records. Landlord shall maintain records respecting Project Operating Costs and determine the same in accordance with sound accounting and management practices, consistently applied. Tenant or its representative (which may not be an accountant or other consultant compensated on a contingency basis) shall have the right to examine such records upon reasonable prior notice specifying which records Tenant desires to examine, during normal business hours at the place or places where such records are normally kept, by sending such notice no later than one hundred twenty (120) days following the furnishing of the Statement. Tenant may take exception to matters included in Project Operating Costs or Landlord’s computation of Tenant’s Proportionate Share by sending notice specifying such exception and the reasons therefor to Landlord no later than sixty (60) days after Landlord makes such records available for examination. If Tenant takes exception to any matter contained in the Statement as provided herein, Landlord shall refer the matter to an independent certified public accountant of Landlord’s choice, subject to Tenant’s reasonable approval, whose certification as to the proper amount shall be final and conclusive as between Landlord and Tenant. Tenant shall promptly pay the cost of such certification, including, without limitation, any reasonable attorneys’ fees incurred by Landlord in connection therewith, unless such certification determines that Tenant was overbilled by more than five percent (5%) in the aggregate for the applicable year, in which event Landlord shall pay the reasonable cost of such certification not to exceed [***]. Pending resolution of any such exceptions in the foregoing manner, Tenant shall continue paying Tenant’s Cost Allocation in the amounts determined by Landlord, subject to adjustment after any such exceptions are so resolved. Tenant acknowledges that any information gathered through an audit is strictly confidential and shall not disclose such confidential information to any person or entity other than Tenant’s financial and legal consultants. The Statement shall be considered final, except as to matters to which exception is taken in the mariner and within the times specified herein.

Landlord’s Records. Landlord shall maintain records respecting Project Operating Costs and determine the same in accordance with sound accounting and management practices, consistently applied. Tenant or its representative (which may not be an accountant or other consultant compensated on a contingency basis) shall have the right to examine such records upon reasonable prior notice specifying which records Tenant desires to examine, during normal business hours at the place or places where such records are normally kept, by sending such notice no later than one hundred twenty ninety (12090) days following the furnishing of the Statement. Tenant may take exception to matters included in Project Operating Costs or Landlord’s computation of Tenant’s Proportionate Share by sending notice specifying such exception and the reasons therefor to Landlord no later than sixty forty-five (6045) days after Landlord makes such records available for examination. If Tenant takes exception to any matter contained in the Statement as provided herein, Landlord shall refer the matter to an independent certified public accountant of Landlord’s choice, subject to Tenant’s reasonable approval, whose certification as to the proper amount shall be final and conclusive as between Landlord and Tenant. Tenant shall promptly pay the cost of such certification, including, without limitation, any reasonable attorneys’ fees incurred by Landlord in connection therewith, unless such certification determines that Tenant was overbilled by more than five percent (5%) in the aggregate for the applicable year, in which event Landlord shall pay the reasonable cost of such certification not to exceed [***]. Pending resolution of any such exceptions in the foregoing manner, Tenant shall continue paying Tenant’s Cost Allocation in the amounts determined by Landlord, subject to adjustment after any such exceptions are so resolved. Tenant acknowledges that any information gathered through an audit is strictly confidential and shall not disclose such confidential information to any person or entity other than Tenant’s financial and legal consultants. The Statement shall be considered final, except as to matters to which exception is taken in the mariner manner and within the times specified herein.

Landlord’s Records. Landlord shall maintain records respecting Project Operating Costs reflecting Additional Rent and shall determine the same Additional Rent in accordance with sound accounting and management practices, consistently applied. Although this Lease contemplates the computation of applicable Taxes and Operating Expenses on a cash basis, Landlord shall make reasonable and appropriate accrual adjustments to ensure that each calendar year, including the Base Tax Year and Base Expense Year, includes substantially the same recurring items. Landlord reserves the right to change to a full accrual system of accounting, so long as Landlord applies it consistently and Tenant’s obligations are not materially adversely affected. Tenant or its representative (which may not be an accountant or other consultant compensated on a contingency basis) shall have the right to examine such records during Landlord’s usual business hours upon reasonable prior notice specifying which the records Tenant desires to examine, during normal business hours at the place or places where such records are normally kept, by sending such . Tenant must send notice to Landlord no later than one hundred twenty ten (12010) days following the furnishing after receipt of the Statement. Tenant may take exception to matters included in Project Operating Costs Additional Rent, or Landlord’s computation of TenantXxxxxx’s Proportionate Pro Rata Share of either, by sending notice specifying such exception and the reasons therefor to Landlord no later than sixty thirty (6030) days after Landlord makes such records available for examination. Each Statement shall be considered final, except as to matters to which exception is taken after examination of Landlord’s records in accordance with this Section. If Tenant Xxxxxx takes exception to any matter contained in the Statement as provided hereinStatement, Landlord shall refer the matter to an independent certified public accountant Tenant may request a review by one of Landlord’s choice, subject to Tenant’s reasonable approval, certified public accountants whose certification as to the proper amount amount, to the extent permitted by law, shall be final and conclusive as between Landlord and Tenant. Tenant shall promptly pay the cost of such certification, including, without limitation, any reasonable attorneys’ fees incurred by Landlord in connection therewith, the certification unless such certification determines that Tenant was overbilled by more than five two percent (52%) in the aggregate for the applicable year, in which event Landlord shall pay the reasonable cost of such certification not to exceed [***]). Pending resolution of any such exceptions in the foregoing mannerexceptions, Tenant shall continue paying Tenant’s Cost Allocation Pro Rata Share of Taxes and Operating Expenses in the amounts determined by Landlord, subject to adjustment after any such exceptions are so resolved. Tenant acknowledges that any information gathered through an audit is strictly confidential and shall not disclose such confidential information to any person or entity other than Tenant’s financial and legal consultants. The Statement shall be considered final, except as to matters to which exception is taken in the mariner and within the times specified herein.

Landlord’s Records. Landlord shall maintain records respecting Project Operating Costs reflecting Additional Rent and shall determine the same Additional Rent in accordance with sound accounting and management practices, consistently applied. Although this Lease contemplates the computation of applicable Taxes and Operating Expenses on a cash basis, Landlord shall make reasonable and appropriate accrual adjustments to ensure that each calendar year, including the Base Tax Year and Base Expense Year, includes substantially the same recurring items. Landlord reserves the right to change to a full accrual system of accounting, so long as Landlord applies it consistently and Tenant’s obligations are not materially adversely affected. Tenant or its representative (which may not be an accountant or other consultant compensated on a contingency basis) shall have the right to examine such records during Landlord’s usual business hours upon reasonable prior notice specifying which the records Tenant desires to examine, during normal business hours at the place or places where such records are normally kept, by sending such . Tenant must send notice to Landlord no later than one hundred twenty ten (12010) days following the furnishing after receipt of the Statement. Tenant may take exception to matters included in Project Operating Costs Additional Rent, or Landlord’s computation of Tenant’s Proportionate Pro Rata Share of either, by sending notice specifying such exception and the reasons therefor to Landlord no later than sixty thirty (6030) days after Landlord makes such records available for examination. Each Statement shall be considered final, except as to matters to which exception is taken after examination of Landlord’s records in accordance with this Section. If Tenant takes exception to any matter contained in the Statement as provided hereinStatement, Landlord shall refer the matter to an independent certified public accountant Tenant may request a review by one of Landlord’s choice, subject to Tenant’s reasonable approval, certified public accountants whose certification as to the proper amount amount, to the extent permitted by law, shall be final and conclusive as between Landlord and Tenant. Tenant shall promptly pay the cost of such certification, including, without limitation, any reasonable attorneys’ fees incurred by Landlord in connection therewith, the certification unless such certification determines that Tenant was overbilled by more than five two percent (52%) in the aggregate for the applicable year, in which event Landlord shall pay the reasonable cost of such certification not to exceed [***]). Pending resolution of any such exceptions in the foregoing mannerexceptions, Tenant shall continue paying Tenant’s Cost Allocation Pro Rata Share of Taxes and Operating Expenses in the amounts determined by Landlord, subject to adjustment after any such exceptions are so resolved. Tenant acknowledges that any information gathered through an audit is strictly confidential and shall not disclose such confidential information to any person or entity other than Tenant’s financial and legal consultants. The Statement shall be considered final, except as to matters to which exception is taken in the mariner and within the times specified herein.

Landlord’s Records. Landlord shall maintain records respecting Project Operating Costs and determine the same in accordance with sound accounting and management practices, consistently applied. Tenant or its representative (which may not be an accountant or other consultant compensated on a contingency basis) shall have the right to examine such records upon reasonable prior notice specifying which records Tenant desires to examine, during normal business hours at the place or places where such records are normally kept, by sending such notice no later than one hundred twenty sixty (12060) days following the furnishing of the Statement. Tenant may take exception to matters included in Project Operating Costs or Landlord’s computation of Tenant’s Proportionate Share by sending notice specifying such exception and the reasons therefor to Landlord no later than sixty thirty (6030) days after Landlord makes such records available for examination. If Tenant takes exception to any matter contained in the Statement as provided herein, Landlord shall refer the matter to an independent certified public accountant of Landlord’s choice, subject to Tenant’s reasonable approval, whose certification as to the proper amount shall be final and conclusive as between Landlord and Tenant. Tenant shall promptly pay the cost of such certification, including, without limitation, any reasonable attorneys’ fees incurred by Landlord in connection therewith, unless such certification determines that Tenant was overbilled by more than five four percent (54%) in the aggregate for the applicable year, in which event Landlord shall pay the reasonable cost of such certification not to exceed [***]. Pending resolution of any such exceptions in the foregoing manner, Tenant shall continue paying Tenant’s Cost Allocation Project Operating Costs in the amounts determined by Landlord, subject to adjustment after any such exceptions are so resolved. Tenant acknowledges that any information gathered through an audit is strictly confidential and shall not disclose such confidential information to any person or entity other than Tenant’s financial and legal consultants. The Statement shall be considered final, except as to matters to which exception is taken in the mariner manner and within the times specified herein.

Landlord’s Records. Landlord shall maintain records respecting Project Operating Costs and determine the same in accordance with sound and consistent accounting and management practices, consistently applied. Tenant or its representative (which may not be an accountant or other consultant compensated on a contingency basis) shall have the right to examine such records upon reasonable prior notice specifying which records Tenant desires to examine, during normal business hours at the place or places where such records are normally kept, by sending such notice no later than one hundred twenty ninety (12090) days following the furnishing of the Statement. Tenant may take exception to matters included in Project Operating Costs or Landlord’s computation of Tenant’s Proportionate Share by sending notice specifying such exception and the reasons therefor to Landlord no later than sixty (60) days after Landlord makes such records available for examination. If Tenant takes exception to any matter contained in the Statement as provided herein, Landlord shall refer the matter to an independent certified public accountant of Landlord’s choice, subject to Tenant’s reasonable approval, whose certification as to the proper amount shall be final and conclusive as between Landlord and Tenant. Tenant shall promptly pay the cost of such certification, including, without limitation, any reasonable attorneys’ fees incurred by Landlord in connection therewith, unless such certification determines that Tenant was overbilled by more than five percent (5%) in the aggregate for the applicable year, in which event Landlord shall pay the reasonable cost of such certification not to exceed [***]. Pending resolution of any such exceptions in the foregoing manner, Tenant shall continue paying Tenant’s Cost Allocation Project Operating Costs in the amounts determined by Landlord, subject to adjustment after any such exceptions are so resolved. Tenant acknowledges that any information gathered through an audit is strictly confidential and shall not disclose such confidential information to any person or entity other than Tenant’s financial and legal consultants. The Statement shall be considered final, except as to matters to which exception is taken in the mariner manner and within the times specified herein.