Common use of Non-Waiver; Disputes Clause in Contracts

Non-Waiver; Disputes. (a) Landlord’s failure to render any Statement on a timely basis with respect to any Comparison Year shall not prejudice Landlord’s right to thereafter render a Statement with respect to such Comparison Year or any subsequent Comparison Year, nor shall the rendering of a Statement prejudice Landlord’s right to thereafter render a corrected Statement for that Comparison Year, provided that in all events Landlord shall provide a Statement to Tenant no later than twenty-four (24) months after the end of the Calendar Year for which such Statement is rendered. The foregoing notwithstanding, there shall be no limit on the time during which Landlord must provide Tenant with written notice of a supplemental invoice with respect to any Contested Cost; provided, however, that Landlord shall use commercially reasonable efforts to diligently pursue the resolution of any such Contested Cost. A “Contested Cost” means any Operating Expenses, Taxes and charges for Excess Electrical Usage: (i) that Landlord contests during such twenty-four (24) month period and/or (ii) for which Landlord did not receive an invoice prior to the expiration of such twenty-four (24) month period.

Non-Waiver; Disputes. (a) Landlord’s failure to render any Statement on a timely basis with respect to any Comparison Year shall not prejudice Landlord’s right to thereafter render a Statement with respect to such Comparison Year or any subsequent Comparison Year, nor shall the rendering of a Statement prejudice Landlord’s right to thereafter render a corrected Statement for that Comparison Year, ; provided that in all events Landlord shall provide a Statement to Tenant no later than twenty-four eighteen (2418) months after the end of the Calendar Year for which such Statement is rendered. The foregoing notwithstanding, there shall be no limit on the time during which Landlord must provide Tenant with written notice of a supplemental invoice with respect to any Contested Cost; provided, however, that Landlord shall use commercially reasonable efforts to diligently pursue the resolution of any such Contested Cost. A “Contested Cost” means any Operating Expenses, Taxes and charges for Excess Electrical Usage: (i) that Landlord contests during such twenty-four eighteen (2418) month period and/or (ii) for which Landlord did not receive an invoice prior to the expiration of such twenty-four eighteen (2418) month period.