Common use of Landlords Statements Clause in Contracts

Landlords Statements. Landlord will deliver Landlord's Statements to Tenant during the Term. Landlord's delay or failure to render Landlord's Statement with respect to the Base Expense Year, any Expense Year or any Tax Year beyond a date specified herein shall not prejudice Landlord's right to render a Landlord's Statement with respect to that or any subsequent Expense Year or subsequent Tax Year. The obligations of Landlord and Tenant under the provisions of this Article with respect to any Additional Rent incurred during the Term shall survive the expiration or any sooner termination of the Term. If Landlord fails to give Tenant a statement of projected Operating Expenses prior to the commencement of any Expense Year, Tenant shall continue to pay Operating Expenses in accordance with the previous statement, until Tenant receives a new statement from Landlord. During the sixty (60) day period after receipt of any Landlord's Statement (the "Review Period"), Tenant may inspect and audit Landlord's records relevant to the cost and expense items reflected in such Landlord's Statement at a reasonable time mutually agreeable to Landlord and Tenant during Landlord's usual business hours. Each Landlord's Statement shall be conclusive and binding upon Tenant unless within sixty (60) days after receipt of such Landlord's Statement Tenant shall notify Landlord that it disputes the correctness of Landlord's Statement, specifying the respects in which Landlord's Statement is claimed to be incorrect. All inspections and audits of Landlord's books and records and any arbitration shall be subject to a confidentiality agreement reasonably acceptable to Landlord.

Landlords Statements. Landlord will shall use commercially reasonable efforts to deliver Landlord's ’s Statements to Tenant during the TermTerm within one hundred twenty (120) days after the end of the applicable Expense Year or Tax Year, as the case may be. Landlord's ’s delay or failure to render Landlord's ’s Statement with respect to the Base Expense Year, any Expense Year or any Tax Year beyond a date specified herein shall not prejudice Landlord's ’s right to render a Landlord's ’s Statement with respect to that or any subsequent Expense Year or subsequent Tax Year. The obligations of Landlord and Tenant under the provisions of this Article Section with respect to any Additional Rent incurred during the Term shall survive the expiration or any sooner earlier termination of the Termthis Lease. If Landlord fails to give Tenant a statement of projected Operating Expenses prior to the commencement of any Expense Year, Tenant shall continue to pay Operating Expenses in accordance with the previous statement, until Tenant receives a new statement from Landlord. During Notwithstanding anything to the sixty contrary contained in this Lease, if Landlord fails to provide Tenant with an initial Landlord’s Statement within two (602) day period years after receipt the end of any Landlord's Statement (Expense Year or any Tax Year, Landlord shall be foreclosed from billing Tenant for any Operating Expenses or Taxes, as the "Review Period")case may be, Tenant may inspect and audit Landlord's records relevant relating thereto thereafter; provided, however, that this shall not preclude Landlord from making revisions to the cost and expense items reflected in such initial Landlord's ’s Statement at a reasonable any time mutually agreeable to Landlord and Tenant during after the delivery of the initial Landlord's usual business hours. Each Landlord's Statement shall be conclusive and binding upon Tenant unless within sixty (60) days after receipt of such Landlord's Statement Tenant shall notify Landlord that it disputes the correctness of Landlord's ’s Statement, specifying as long as all such revisions are made within one (1) year after the respects in which delivery of the initial Landlord's Statement is claimed to be incorrect. All inspections and audits of Landlord's books and records and any arbitration shall be subject to a confidentiality agreement reasonably acceptable to Landlord’s Statement.

Landlords Statements. Landlord will deliver Landlord's ’s Statements to Tenant during the Term. Landlord's ’s delay or failure to render Landlord's ’s Statement with respect to the Base Expense Year, any Expense Year or any Tax Year beyond a date specified herein shall not prejudice Landlord's ’s right to render a Landlord's ’s Statement with respect to that or any subsequent Expense Year or subsequent Tax Year (except to the extent provided in Section 5.7 below), provided that Landlord shall endeavor to issue Landlord’s Statements within one hundred twenty (120) days after the close of the Expense Year (including also the Base Expense Year) or Tax Year in question and in any event shall issue such Statements not later than the date that is twelve (12) months after the close of the Expense Year or Tax Year in question. The obligations of Landlord and Tenant under the provisions of this Article with respect to any Additional Rent incurred during the Term shall survive the expiration or any sooner termination of the Term. If Landlord fails to give Tenant a statement of projected Operating Expenses or Taxes prior to the commencement of any Expense Year, Tenant shall continue to pay Operating Expenses and Taxes in accordance with the previous statement, until Tenant receives a new statement from Landlord. During All statements of projected Operating Expenses and Taxes, and Landlord’s Statements issued to Tenant after the sixty close of the Expense Year (60including also the Base Expense Year) day period after receipt of any Landlord's Statement (the "Review Period"), Tenant may inspect and audit Landlord's records relevant shall include reasonable detail with respect to the cost various expense components included in the projected Operating Expenses and expense items reflected in such Landlord's Statement at a reasonable time mutually agreeable to Landlord and Tenant during Landlord's usual business hours. Each Landlord's Statement shall be conclusive and binding upon Tenant unless within sixty (60) days after receipt of such Landlord's Statement Tenant shall notify Landlord that it disputes the correctness of Landlord's Statement, specifying the respects in which Landlord's Statement is claimed to be incorrect. All inspections and audits of Landlord's books and records and any arbitration shall be subject to a confidentiality agreement reasonably acceptable to LandlordTaxes.

Landlords Statements. 7.4.1 On or about May first of each year of the Term, or within a reasonable period of time thereafter, Landlord will deliver shall submit to Tenant a statement ("Landlord's Statements to Tenant Statement") showing in reasonable detail Landlord's Operating Expenses and Real Estate Taxes during the Termpreceding calendar year. Landlord's delay or failure to render Within twenty (20) days next following the submission of a Landlord's Statement which shows that Landlord's Operating Expenses and/or the Real Estate Taxes for the calendar year exceeded Landlord's Operating Expenses for the Base Operating Year and/or Landlord's Real Estate Taxes for the Base Tax Year, respectively, Tenant shall pay to Landlord, Tenant's Proportionate Share of the amount by which Landlord's Operating Expenses for the Base Operating Year and/or Landlord's Real Estate Taxes for the Base Tax Year, respectively, were exceeded, less the amount of any Estimated Payments made by Tenant for such year pursuant to Section 7.4.2. Provided Tenant pays its Proportionate Share of said amount in accordance with the terms herein, Tenant or its representative shall have the right to examine Landlord's books and records with respect to the Base Expense Year, items in the foregoing Landlord's Statement during normal business hours at any Expense Year or any Tax Year beyond time within thirty (30) days following the delivery by Landlord to Tenant of such Landlord's Statement. Tenant's failure to inspect during said time period shall be deemed a date specified herein shall not prejudice Landlordwaiver of Tenant's right to render a Landlord's Statement with respect to that or any subsequent Expense Year or subsequent Tax Year. The obligations of Landlord so inspect and Tenant under the provisions of this Article with respect waives its right to request any such inspection after said thirty (30) day period. Unless Tenant shall take written exception to any Additional Rent incurred during item contained therein within thirty (30) days after the Term shall survive the expiration or any sooner termination delivery of the Term. If Landlord fails to give Tenant a statement of projected Operating Expenses prior to the commencement of any Expense Yearsame, Tenant shall continue to pay Operating Expenses in accordance with the previous statement, until Tenant receives a new statement from Landlord. During the sixty (60) day period after receipt of any Landlord's Statement (the "Review Period"), Tenant may inspect and audit Landlord's records relevant to the cost and expense items reflected in such Landlord's Statement at a reasonable time mutually agreeable to Landlord and Tenant during Landlord's usual business hours. Each Landlord's Statement shall be conclusive considered as final and binding upon accepted by Tenant unless within sixty and Tenant waives its right to take exception after said thirty (6030) days after receipt of such Landlord's Statement day period. In the event Tenant shall notify Landlord that it disputes the correctness of Landlord's Statement, specifying the respects takes timely written exception to any item contained in which Landlord's Statement is claimed to be incorrect. All inspections and audits of Landlord's books and records and with respect to the items in the foregoing Landlord's Statement, any arbitration payment made in accordance with this Paragraph 7.4.1 shall be subject deemed made in protest to a confidentiality agreement reasonably acceptable to Landlordthe extent of such exception.