LESSEE'S AUDIT RIGHTS Sample Clauses

LESSEE'S AUDIT RIGHTS. Lessee at its expense shall have the right at all reasonable times within ninety (90) days after Lessee’s receipt of the annual adjustment notice for Building Operating Expenses for a given year, but not thereafter, to audit Lessor’s books and records relating to the Additional Monthly Rent for the year to which such annual adjustment statement relates; or, at Lessor’s option and in lieu of Lessee’s audit rights, Lessor will provide such audit prepared by a certified public accountant of its choice.

LESSEE'S AUDIT RIGHTS. At any time within twelve (12) months of Lessee's receipt of any statement from Lessor relating to Lessor's reimbursable expenses, Lessor shall furnish Lessee following Lessee's written request therefor, but no more than twice in any calendar year, including invoices and other source documents relating to such reimbursable expenses. The audit shall be conducted by a certified public accountant selected by Lessee. Such audit shall be limited to the items necessary to a determination of the applicable reimbursable expenses. In any event, if it is determined that Lessee was overcharged by more than two percent (2%), such overcharge shall entitle Lessee to credit against its next payment of Lessor's reimbursable expenses the amount of the overcharge and the costs associated with the audit (and, if such credit occurs following the expiration of the Term, Lessor shall promptly pay the amount of such credit to Lessee). If the audit determines that the Lessee was overcharged less than two percent (2%), such overcharge shall entitle Lessee to credit against its next payment of Lessor's reimbursable expenses the amount of the overcharge and Lessee shall pay for all costs associated with the audit. If the audit shall determine that Lessee was

LESSEE'S AUDIT RIGHTS. Within Sixty (60) days after Lessor furnishes Lessee with Lessee's Notice as described in section 4.2(f) due under the lease for any calendar year, Lessee may at its expense elect to Audit the expenses for such calendar year. If Lessee chooses to conduct an Audit, Lessee shall provide Lessor with written notice. ("Lessor Notice"), of such intent within 30 days upon receiving Lessee's Notice as described in section 4.2(f). Audit shall be concluded and final Audit report shall be delivered to the Lessor within 30 days of Lessor's Notice. If Lessor does not dispute Audit report Lessor shall credit any overpayment against next rent duo. Likewise, Lessee shall pay Lessor any underpayment determined by the Audit within 30 days of delivery of Audit Report to Lessor. If Lessee does not provide Lessor's Notice and/or Audit report to Lessor within prescribed time periods the Lessee's Notice as described in section 4.2 (f) shall be deemed approved for all purposes, and Lessee shall have no further rights to review or contest same. All audit results shall remain confidential between Lessor and Lessee,

LESSEE'S AUDIT RIGHTS. If Lessee disputes the amount of Operating Expenses (including the Comparison Year) set forth in any statement of Operating Expenses delivered by Lessor to Lessee pursuant to Section 4.2(g) of the Lease (“Actual Statement”), Lessee shall have the right, at its own cost and expense to audit or inspect Lessor’s detailed records each year with respect to the Operating Expenses, as well as all other additional rent payable by Lessee pursuant to the Lease for any Lease Year (not to exceed one time per year) to be exercised, if at all, not later than three (3) months following receipt of such Actual Statement. Lessee shall be allowed to inspect such records with fifteen (15) days prior written notice at Lessor’s office. The amounts payable under paragraph 4.2 of the Lease by Lessor to Lessee or by Lessee to Lessor as the case may be shall be appropriately adjusted on the basis of such audit. Should a dispute arise between the parties regarding the results of Lessee’s audit, either party may cause the dispute to be submitted to JAMS/ENDISPUTE (“JAMS”) in San Diego County, California, for binding arbitration. The arbitration shall be conducted in accordance with the rules of practice and procedure of JAMS and otherwise pursuant to the California Arbitration Act (Code of Civil Procedures Section 1280 et. seq.). The arbitrator shall apportion the costs of the arbitration, together with the attorneys’ fees of the parties, in the manner deemed equitable by the arbitrator, it being the intention of the parties that the prevailing party ordinarily be entitled to recover its reasonable costs and fees.”