Objections to Statements. Following Completion, any Member shall have the right to object to the statements described in Sections 7.1(a), 7.1(b) and 7.1(c) by giving notice to the other Members within 45 days after such statement is received by each Member indicating in reasonable detail the objections of such Member and the basis for such objections. If any Member shall fail to give such notice within said 45-day period, such statement and the contents thereof shall, in the absence of fraud or willful misconduct by the other Members or the independent certified public accountants preparing the statements, be deemed conclusive and binding upon such party so failing to give such notice subject, in the case of the statements provided for in Sections 7.1(a) and 7.1(b), to the audit provided for in Section 7.1(c). Objections to any statement and any disputes concerning the findings of, and questions raised as the result of, audits of the Company’s books shall be settled by Member Consent.
Objections to Statements. Tenant acknowledges that Landlord's ability to budget and incur expenses depends on the finality of Landlord's Expense Statements and agrees that Tenant shall have one hundred twenty (120) days following receipt of such Statements within which to raise any objection to the calculations contained therein. Failure of Tenant to object within such one hundred twenty (120) day period shall be deemed a waiver of any such objection, absent fraud or manifest errors. Tenant shall continue to make all payments required hereunder pending resolution of any such objection. No delay by Landlord in providing any Statement shall be deemed a default by Landlord or a waiver of Landlord's right to require payment of Tenant's obligations for actual or estimated Building Expenses or Project Expenses.
Objections to Statements. Tenant acknowledges that Landlord’s ability to budget and incur expenses depends on the finality of Landlord’s tax statements and Landlord’s Operating Expense Statements, and Tenant shall have one year following receipt of any such statement within which to raise any objection to the calculations contained in any such statement. Failure of Tenant to object within such one year period shall be deemed a waiver of any such objection. Tenant shall continue to make all payments required under this Lease pending resolution of any such objection. If Tenant makes a timely objection within the said one year period, Landlord and Tenant shall use reasonable efforts and due diligence in attempting to resolve such dispute within a reasonable time. No delay by Landlord in providing any statement shall be deemed a default by Landlord or a waiver of Landlord’s right to require payment of Tenant’s obligations for actual or estimated Impositions or Operating Expenses; provided however that (i) Landlord shall be estopped from correcting or issuing a new charge more than one (1) year following the end of the year in which the charge was incurred and (ii), should Landlord delay in providing any statement or document related to an objection by Tenant , the objection period shall be extended on a day for day basis,
Objections to Statements. Each Venturer shall have the right to object to each statement described in Section 9.2 hereof by giving notice in writing to the Management Committee within 45 days after such statement is received by such Venturer, indicating in reasonable detail the objections of such Venturer and the basis for such objections. The statements described in Section 9.2 and the contents thereof, in the absence of fraud or willful misconduct by the other Venturer or by the Accountants certifying the statements, shall be deemed conclusive and binding upon any Venturer who fails to give such notice within such 45-day period, subject to the audit provided for in Section 9.2(c). Settlement of objections to any statement and disputes of any result of audits of the Venture's books shall be made by the Management Committee.
Objections to Statements. Upon completion of the audit report described in Section 7.1 (the “Approved Statement”), a comparison shall be made of the actual Operating Cash Flow to the Operating Cash Flow distributed pursuant to Section 9.3. To the extent that the Company has made a distribution to a Member (the “Excess Member”) in excess of the amount which the Excess Member should have received based on a distribution of Operating Cash Flow set forth in the Approved Statement, the Excess Member shall recontribute to the Company within fifteen (15) days after the creation of the applicable Approved Statement the excess amount (the “Excess Amount”) received by it. The Company shall then distribute such Excess Amount (1) first, to any Member who received a distribution less than such Member should have received based on the distribution of Operating Cash Flow set forth in the Approved Statement, an amount equal to such deficiency and (2) second, to the extent of the remaining Excess Amount, in accordance with Section 9.3.
Objections to Statements. Each Member shall have the right to object to the statements described in Section 7.1 by giving notice in writing to the other Member within forty-five (45) days after such statement is received by each Member by indicating in reasonable detail the objections of such Member and the basis for such objections. If either Member shall fail to give such notice within such forty-five (45)-day period, such statement and the contents thereof shall, in the absence of fraud or willful misconduct by the other Member or the independent certified public accountants certifying the statements, be deemed conclusive and binding upon such party so failing to give such notice. Objections to any statement and any disputes concerning the findings of, and questions raised as the result of, audits of the Company’s books shall be settled by agreement of both Members or, failing such agreement, arbitration. Such arbitration may be instituted by either Member in the absence of such an agreement for more than forty-five (45) days.
Objections to Statements. If Tenant disputes the amount set forth on the Landlord's Statement, Tenant shall have the right, not later than one hundred eighty (180) days from the date of the receipt of such Landlord's Statement, to initiate and complete an audit at Landlord's offices of Landlord's books and records with respect to the Expenses for such calendar year, subject to the following terms and conditions: (a) No audit shall be conducted at any time that Tenant is in default of any of the terms of this Lease; (b) any audit shall be conducted only by independent certified public accountants practicing for an accounting firm of national prominence, employed by Tenant on an hourly or fixed fee basis, and not on a contingency fee basis; and (c) Tenant shall not audit Landlord's books and records more than one (1) time for any calendar year. Tenant acknowledges that Tenant's right to inspect Landlord's books and records with respect to Expenses for the preceding calendar year is for the exclusive purpose of determining whether Landlord has complied with the terms of the Lease with respect to Additional Charges. Except as required by law or court or administrative order, Tenant shall keep the results of any such audit confidential. The Landlord's Statement shall be appropriately adjusted on the basis of such audit. Tenant shall pay the costs of the audit except if such audit discloses an overstatement, in the aggregate, greater than three and one-half percent (3.5%) of the total Expenses and Real Estate Taxes previously reported, then the cost of such audit shall be borne by Landlord. In the event the audit reveals that Tenant has overpaid Expenses, the amount of the overpayment shall be applied to the next installment of Rent due under the Lease or paid to Tenant in cash if at the end of the Lease Term. In the event the audit reveals that Tenant has underpaid Expenses, the difference shall be paid by Tenant (whether or not this Lease has terminated) within thirty (30) days after the conclusion of the audit.
Objections to Statements. Company shall be deemed to have consented to all accountings rendered by WEA hereunder and said accountings shall be binding upon Company and shall not be subject to any objection by Company for any reason unless specific objection, in writing, stating the basis thereof, is given to WEA within two years after the date rendered, and after such written objection, unless suit is instituted within three years after the date rendered.
Objections to Statements. Tenant acknowledges that Landlord’s ability to budget and incur expenses depends on the finality of Landlord’s Tax Statements and Landlord’s Operating Expense Statements, and Tenant shall have ninety (90) days following receipt of any such Statement within which to raise any objection to the calculations contained in any such Statement. Failure of Tenant to object within such ninety (90) day period shall be deemed a waiver of any such objection. Tenant shall continue to make all payments required under this Lease pending resolution of any such objection. If Tenant makes a timely objection, Landlord and Tenant shall use reasonable efforts and due diligence in attempting to resolve such dispute within a reasonable time. No delay by Landlord in providing any Statement shall be deemed a default by Landlord or a waiver of Landlord’s right to require payment of Tenant’s obligations for actual or estimated Real Estate Taxes or Operating Expenses.
Objections to Statements. Any Member shall have the right to object to the statements described in Subsections 2.4.1, 2.4.2 and 2.4.3 by giving Notice to the other Members indicating in reasonable detail the objections of such Member and the basis for such objections within 45 days after any statement is received by such Member. If the Members shall fail to give such Notice within said 45 day period, such statement and the contents thereof shall, in the absence of fraud or willful misconduct by the Manager, another Member or the Accountants certifying the statements, be deemed conclusive and binding upon each Member so failing to give such Notice except to the extent such statement is subsequently revised as a result of any audit conducted pursuant to Subsection 2.1.2 or Section 2.4.3. Objections to any statement and any disputes concerning the findings of and questions raised as the result of audits of the books, accounts and records of the Company shall be settled by the Members.
