Lessee’s Right to Audit. (a) Within one hundred fifty (150) days following the expiration of each Lease Year for Operating Expenses, Lessor shall provide to Lessee the Expense Statement required pursuant to Paragraph 10(e) of the Second Amendment to which this Addendum is attached, which Expense Statement shall set forth, in reasonable detail, the calculations performed to determine the Taxes for the Exterior Common Areas and the Operating Expenses for the Building and the Exterior Common Areas for the Lease Year for Operating Expenses to which such Expense Statement applies, measured in accordance with the applicable provisions of the Second Amendment to which this Addendum is attached and this Addendum. Lessor shall show by account the total Operating Expenses for the Building and the Exterior Common Areas, the Taxes for the Exterior Common Areas and all adjustments corresponding to the requirements set forth in the Lease, the Second Amendment to which this Addendum is attached, and this Addendum. Lessor shall also provide in reasonable detail the calculation of Lessee’s Percentage of the Operating Expenses for the Building and the Exterior Common Areas and Lessee’s Percentage of the Taxes for the Exterior Common areas with respect to the period covered by such Expense Statement, as said calculations are specified in the applicable provisions of the Second Amendment to which this Addendum is attached and this Addendum. Lessor shall also provide for such Lease Year for Operating Expenses the average occupancy for the Building if the Building is not fully leased by Lessee.

Lessee’s Right to Audit. If, within thirty (30) days following Lessee's receipt of Lessor's annual statement of actual Operating Expenses pursuant to paragraph 4.4, Lessee notifies Lessor that Lessee desires to audit Lessor's statement, Lessor shall cooperate with Lessee to permit such audit during normal business hours, at Lessor's office where the business records are normally kept, at Lessee's sole cost and expense.

Lessee’s Right to Audit. If Lessee shall so request, Lessor shall permit Lessee to review Lessor's books and records relating to Common Area Operating Expenses and any other reimbursables by Lessee to Lessor for any year, such review to be made, if at all, within twelve (12) months after the date Lessee receives a statement of Common Area Operating Expenses or reimbursable for any year, for the purpose of Lessee's verification of any accounting and statement that Lessor is required or elects to give hereunder. During the pendency of any such examination, Lessee shall make all payments claimed by Lessor to be due, such payments to be without prejudice to Lessee's position. If as a result of such review, Lessee disputes Lessor's accounting or statement, Lessee shall give Lessor notice thereof and, if such dispute has not been resolved by agreement within sixty (60) days after Lessee's notice of such dispute, then either party may submit the matter to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except that there shall be only one arbitrator, who shall have had at least ten (10) years' experience as a certified property manager or certified public accountant in properties similar to the Industrial Center and in the same general location and market. If neither party submits the matter to arbitration within sixty (60) days after Lessee's notice of such dispute, then Lessor's accounting and statement shall be deemed to be correct. Any decision by an arbitrator shall be final and binding on the parties. If the dispute shall be resolved in Lessee's favor, Lessor shall forthwith refund to Lessee the amount overpaid by Lessee, and Lessor shall reimburse Lessee for the reasonable cost of such examination and arbitrator. If such dispute shall be resolved in Lessor's favor, Lessee shall reimburse Lessor for the reasonable cost of such arbitrator and Lessor's reasonable cost of such examination. Lessee shall not be liable for any amounts not billed to Lessee within two (2) years of being incurred by Lessor and all statements received by Lessee shall be final and conclusive unless Lessee shall audit the same within the one (1) year period after received, as provided above.

Lessee’s Right to Audit. If, within ninety (90) days of Lessee's receipt of Lessor's annual statement of Operating Expenses, Lessee notifies Lessor that Lessee desires to audit or review Lessor's statement, Lessor shall cooperate with Lessee to permit such audit or review during normal business hours and at Lessee's sole cost and expense, unless such audit reveals a discrepancy of at least five percent (5%) of Lessee's Share of Operating Expenses and Applicable Taxes, in which event Lessor shall pay the costs and expenses of such audit. In the event that such audit reveals discrepancy in Lessee's favor, Lessor shall credit the amount of such discrepancy to the next payment(s) of Base Rent falling due under the terms of this Lease. If the Term of this Lease has expired or otherwise terminated, Lessor shall pay Lessee the amount of such discrepancy within ten (10) days of the completion of the audit.

Lessee’s Right to Audit. Lessee may, upon at least five days advance written notice to Lessor and during business hours, at an office reasonably designated by Lessor, examine Lessor's records relating to the Operating Expenses; provided, however, that Lessee shall only be entitled to such an examination once in each calendar year, and the examination shall not be conducted by anyone who is engaged on a contingent fee basis to represent Lessee or who is a competitor of Lessor. Property managers and commercial building owners shall be deemed competitors of Lessor. The person conducting the examination on behalf of Lessee shall enter into a confidentiality agreement in form and substance reasonably satisfactory to Lessor. In the event the examination discovers an overcharge in excess of four and one half percent (4.5%) of the Operating Expenses paid by Lessee during the year covered by the examination, Lessor shall reimburse Lessee for the actual reasonable cost incurred by Lessee due to the examination plus the overcharge, within thirty (30) days of receipt of demand therefor. In the event the examination fails to discover an overcharge in excess of four and one-half percent (4.5%) of the Operating Expenses covered by the examination, Lessee shall not reimburse Lessor for the any costs incurred by Lessor due to the examination or for any overcharge.

Lessee’s Right to Audit. Subject to the limitations and restrictions below, Xxxxxx shall have the right, at its sole cost and expense, upon at least thirty (30) days prior written notice, to audit Lessor’s books and records pertaining to the Operating Costs for the Complex for the immediately preceding calendar year. Xxxxxx’s rights of audit is further subject and conditioned upon the following:

Related to Lessee’s Right to Audit

Tenant’s Right to Audit During the sixty (60)-day period after receipt of any Landlord’s Statement (the “Review Period”), Tenant may, upon prior notice to Landlord, 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 at the management office where such records are maintained. Tenant shall be entitled to retain an independent company or certified public accountant to review Landlord’s relevant records to determine if the proper amount of Additional Rent was charged to Tenant for such period, provided that such company or accountant must be employed on a regular fee for services basis and not a contingent fee basis. Each Landlord’s Table of Contents Statement shall be conclusive and binding upon Tenant unless within sixty (60) days after receipt of such Landlord’s Statement Tenant shall have completed such inspection and audit and 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. If such audit or review reveals that Landlord has overcharged Tenant, then within fifteen (15) days after the results of such audit are made available to Landlord, Landlord shall reimburse Tenant the amount of such overcharge. If the audit reveals that Tenant was undercharged, then within fifteen (15) days after the results of the audit are made available to Tenant, Tenant shall reimburse Landlord the amount of such undercharge. If Landlord desires to contest such audit results, Landlord may do so by submitting the results of the audit to arbitration pursuant to Section 13.9 of the Lease within sixty (60) days of receipt of the results of the audit, and the arbitration shall be final and binding upon Landlord and Tenant. Tenant agrees to pay the cost of such audit, provided that, if the audit reveals that Landlord’s determination of such Additional Rent as set forth in any statement sent to Tenant was in error in Landlord’s favor by more than five percent (5%), Landlord shall pay the reasonable cost of such audit. Pending the determination of such dispute as hereinafter provided, Tenant shall pay Additional Rent in accordance with the applicable Landlord’s Statement, and such payment shall be without prejudice to Tenant’s position. All inspections and audits of Landlord’s books and records and any arbitration shall be subject to a confidentiality agreement reasonably acceptable to Landlord.
Right to Audit During the term of this Agreement and not more than once per year (unless circumstances warrant additional audits as described below), Servicer may audit the Asset Representations Reviewer’s policies, procedures and records that relate to the performance of the Asset Representation Reviewer under this Agreement to ensure compliance with this Agreement upon at least 10 business days’ notice. Notwithstanding the foregoing, the parties agree that Servicer may conduct an audit at any time, in the event of (i) audits required by Servicer’s governmental or regulatory authorities, (ii) investigations of claims of misappropriation, fraud, or business irregularities of a potentially criminal nature, or (iii) Servicer reasonably believes that an audit is necessary to address a material operational problem or issue that poses a threat to Servicer’s business.
RECORDS; RIGHT TO AUDIT (a) The Sub-Adviser agrees to maintain in the form and for the period required by Rule 31a-2 under the 1940 Act, all records relating to the Fund's investments made by the Sub-Adviser that are required to be maintained by the Fund pursuant to the requirements of Rule 31a-1 under the 1940 Act. The Sub-Adviser agrees that all records that it maintains on behalf of the Fund are the property of the Fund, and the Sub-Adviser will surrender promptly to the Fund any such records upon the Fund's request; provided, however, that the Sub-Adviser may retain a copy of such records. In addition, for the duration of this Agreement, the Sub-Adviser shall preserve for the periods prescribed by Rule 31a-2 under the 1940 Act any such records as are required to be maintained by it pursuant to this Agreement and shall transfer all such records to any entity designated by the Adviser upon the termination of this Agreement.
Lessee's Right to Cure Subject to the provisions of Section 17.1, if Lessor breaches any covenant to be performed by it under this Lease, Lessee, after Notice to and demand upon Lessor, without waiving or releasing any obligation hereunder, and in addition to all other remedies available to Lessee, may (but shall be under no obligation at any time thereafter to) make such payment or perform such act for the account and at the expense of Lessor. All sums so paid by Lessee and all costs and expenses (including, without limitation, reasonable attorneys’ fees) so incurred, together with interest thereon at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Lessee, shall be paid by Lessor to Lessee on demand or, following entry of a final, nonappealable judgment against Lessor for such sums, may be offset by Lessee against the Base Rent and/or Percentage Rent payments next accruing or coming due. The rights of Lessee hereunder to cure and to secure payment from Lessor in accordance with this Section 17.2 shall survive the termination of this Lease with respect to the Leased Property.
LANDLORD'S RIGHT TO INSPECT Tenant shall permit Landlord and its authorized representatives to inspect the Leased Property, or any portion thereof, during usual business hours upon not less than forty-eight (48) hours’ notice and to make such repairs as Landlord is permitted or required to make pursuant to the terms of this Agreement, provided that any inspection or repair by Landlord or its representatives will not unreasonably interfere with Tenant’s use and operation of the Leased Property and further provided that in the event of an emergency, as determined by Landlord in its reasonable discretion, prior Notice shall not be necessary.
Landlord’s Right to Enter Landlord and its agents shall have the right to enter the Leased Premises during normal business hours after giving Tenant reasonable notice and subject to Tenant's reasonable security measures for the purpose of (i) inspecting the same; (ii) showing the Leased Premises to prospective purchasers, mortgagees or tenants; (iii) making necessary alterations, additions or repairs; and (iv) performing any of Tenant's obligations when Tenant has failed to do so. Landlord shall have the right to enter the Leased Premises during normal business hours (or as otherwise agreed), subject to Tenant's reasonable security measures, for purposes of supplying any maintenance or services agreed to be supplied by Landlord. Landlord shall have the right to enter the Outside Areas during normal business hours for purposes of (i) inspecting the exterior of the Building and the Outside Areas; (ii) posting notices of nonresponsibility (and for such purposes Tenant shall provide Landlord at least thirty days' prior written notice of any work to be performed on the Leased Premises); and (iii) supplying any services to be provided by Landlord. Any entry into the Leased Premises or the Outside Areas obtained by Landlord in accordance with this paragraph shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into, or a detainer of, the Leased Premises, or an eviction, actual or constructive of Tenant from the Leased Premises or any portion thereof. In exercising its rights under this Section 4.9, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of the Leased Premises and the Outside Areas.
Lessor’s Right to Inspect Lessee shall permit Lessor and its authorized representatives as frequently as reasonably requested by Lessor to inspect the Leased Property and Lessee’s accounts and records pertaining thereto and make copies thereof, during usual business hours upon reasonable advance Notice, subject only to any business confidentiality requirements reasonably requested by Lessee.
Mortgagee's Right to Cure Notwithstanding anything to the contrary in the Lease or this Agreement, before exercising any Offset Right or Termination Right:
Lessor's Right to Cure Lessee's Default If Lessee fails to make any payment or to perform any act required to be made or performed under this Lease, including, without limitation, Lessee’s failure to comply with the terms of any Franchise Agreement, and fails to cure the same within the relevant time periods provided in Section 16.1, Lessor, without waiving or releasing any obligation of Lessee, and without waiving or releasing any obligation or default, may (but shall be under no obligation to) at any time thereafter make such payment or perform such act for the account and at the expense of Lessee, and may, to the extent permitted by law, enter upon the Leased Property for such purpose and, subject to Section 16.4, take all such action thereon as, in Lessor’s opinion, may be necessary or appropriate therefor. No such entry shall be deemed an eviction of Lessee. All sums so paid by Lessor and all costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses, in each case to the extent permitted by law) so incurred, together with a late charge thereon (to the extent permitted by law) at the Overdue Rate from the date on which such sums or expenses are paid or incurred by Lessors, shall be paid by Lessee to Lessor on demand. The obligations of Lessee and rights of Lessor contained in this Article shall survive the expiration or earlier termination of this Lease.
Mortgagee's Right to Perform If Mortgagor fails to perform any of the covenants or agreements of Mortgagor contained herein, within the applicable grace period, if any, provided for in the Credit Agreement, Mortgagee, without waiving or releasing Mortgagor from any obligation or default under this Mortgage may, (but shall be under no obligation to) at any time upon delivery of written notice to Mortgagor pay or perform the same, and the amount or cost thereof, with interest at the Default Rate, shall be due on demand from Mortgagor to Mortgagee and the same shall be secured by this Mortgage and shall be a lien on the Mortgaged Property prior to any right, title to, interest in, or claim upon the Mortgaged Property attaching subsequent to the lien of this Mortgage. No payment or advance of money by Mortgagee under this Section shall be deemed or construed to cure Mortgagor’s default or waive any right or remedy of Mortgagee.

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