Common use of Payments of Taxes and Operating Expenses Clause in Contracts

Payments of Taxes and Operating Expenses. It is hereby agreed that during each Lease Year of the Lease Term Tenant shall pay to Landlord Tenant's Pro Rata Share of the amount of the Operating Expenses and Real Estate Taxes for the Building Complex as set forth above. It is agreed that Tenant shall, during each calendar year pay to Landlord an estimate of Tenant's Pro Rata Share of such Real Estate Taxes and Operating Expenses as hereinafter set forth. Beginning on the Commencement Date, Tenant shall pay to Landlord each month on the first day of the month an amount equal to one-twelfth (1/12) of Tenant's Pro Rata Share of the Real Estate Taxes and Operating Expenses for the calendar year in question as reasonably estimated by Landlord, with an adjustment to be made between the parties at a later date as hereinafter provided. If the Commencement Date is not the first day of a calendar month, Tenant shall pay a prorated portion of its Pro Rata Share of such Real Estate Taxes and Operating Expenses for such partial month on the Commencement Date. Furthermore, Landlord may from time to time but no more than three (3) times during any Lease Year furnish Tenant with notice of a re-estimation of the amount of Tenant's Pro Rata Share and Tenant shall commence paying its re-estimated Pro Rata Share on the first day of the month following receipt of said notice. As soon as practicable following the end of any calendar year, Landlord shall submit to Tenant a statement setting forth the exact amount of Tenant's Pro Rata Share of the Real Estate Taxes and Operating Expenses for the calendar year just completed and the difference, if any, between Tenant's actual Pro Rata Share of the Real Estate Taxes and Operating Expenses for the calendar year just completed and the estimated amount of Tenant's Pro Rata Share of the Real Estate Taxes and Operating Expenses (which were paid in accordance with this subparagraph) for such year. Such statement shall also set forth the amount of the estimated Real Estate Taxes and Operating Expenses reimbursement for the new calendar year computed in accordance with the foregoing provisions. To the extent that Tenant's Pro Rata Share of the actual Real Estate Taxes and Operating Expenses for the period covered by such statement is higher than the estimated payments which Tenant previously paid during the calendar year just completed, Tenant shall pay to Landlord the difference within thirty (30) days following receipt of said statement from Landlord. To the extent that Tenant's Pro Rata Share of the actual Real Estate Taxes and Operating Expenses for the period covered by the Statements is less than the estimated payments which Tenant previously paid during the calendar year just completed, Landlord shall at its option either refund said amount to Tenant within thirty (30) days or credit the difference against Tenant's estimated reimbursement for such Real Estate Taxes and Operating Expenses for the current year. In addition, with respect to the monthly reimbursement, until Tenant receives such statement, Tenant's monthly reimbursement for the new calendar year shall continue to be paid at the then current rate, but Tenant shall commence payment to Landlord of the monthly installments of reimbursement on the basis of the statement beginning on the first day of the month following the month in which Tenant receives such statement. Tenant's obligation with respect to its Pro Rata Share of the Real Estate Taxes and Operating Expenses shall survive the expiration or early termination of this Lease and Landlord shall have the right to retain the Security Deposit, or so much thereof as it deems necessary, to secure payment of Tenant's Pro Rata Share of the actual Real Estate Taxes and Operating Expenses for the portion of the final calendar year of the Lease during which Tenant was obligated to pay such expenses. If Tenant occupies the Premises for less than a full calendar year during the first or last calendar years of the term hereof, Tenant's Pro Rata Share for such partial year shall be calculated by proportionately reducing the Real Estate Taxes and Operating Expenses to reflect the number of months in such year during which Tenant occupied the Premises. Tenant shall pay its Pro Rata Share within fifteen (15) days following receipt of notice thereof. Tenant shall have the right, but not more than once per annum, at any time within one (1) year after a statement of actual Real Estate Taxes and Operating Expenses for a particular calendar year has been rendered by Landlord as provided herein, at Tenant's sole cost and expense, to have a certified public accountant examine and review Landlord's books and records during normal business hours and after reasonable notice, at Landlord's office relating to the determination of such Real Estate Taxes and Operating Expenses. Unless Tenant objects to the statement provided by Landlord within sixty (60) days of receipt of such statement, the adjustment and statement shall be deemed conclusive. In the event of any error in the statement, the amount due the other shall be paid or credited, if applicable, within thirty (30) days of the determination of the error. In the event that the error shows an excess payment by Tenant of five percent (5%) or more of the total actual Operating Expense liability of Tenant for such year, then Landlord shall pay the reasonable costs of such review within thirty (30) days of final resolution of any dispute regarding the error.

Payments of Taxes and Operating Expenses. It is hereby agreed that during each Lease Year of the Lease Term Tenant shall pay to Landlord Tenant's Pro Rata Share of the amount of the Operating Expenses and Real Estate Taxes for the Building Complex as set forth above. It is agreed that Tenant shall, during each calendar year pay to Landlord an estimate of Tenant's Pro Rata Share of such Real Estate Taxes and Operating Expenses as hereinafter set forth. Beginning on the Commencement Date, Tenant shall pay to Landlord each month on the first day of the month an amount equal to one-twelfth (1/12) of Tenant's Pro Rata Share of the Real Estate Taxes and Operating Expenses for the calendar year in question as reasonably estimated by Landlord, with an adjustment to be made between the parties at a later date as hereinafter provided. If the Commencement Date is not the first day of a calendar month, Tenant shall pay a prorated portion of its Pro Rata Share of such Real Estate Taxes and Operating Expenses for such partial month on the Commencement Date. Furthermore, Landlord may from time to time but no more than three (3) times during any Lease Year furnish Tenant with notice of a re-estimation of the amount of Tenant's Pro Rata Share and Tenant shall commence paying its re-estimated Pro Rata Share on the first day of the month following receipt of said notice. As soon as practicable following the end of any calendar year, Landlord shall submit to Tenant a statement (the "Settlement Statement"). The Settlement Statement shall set out in reasonable detail the actual amount of Operating Expenses and Real Estate Taxes incurred for the Building Complex for the calendar year, including a detailed breakdown of each separate category of Operating Expenses, the amount thereof, and the major cost components included in each category and reflecting the amount of any adjustment of any Operating Expenses which vary with occupancy and how such adjustments were calculated and setting forth the exact amount of Tenant's Pro Rata Share of the Real Estate Taxes and Operating Expenses for the calendar year just completed and the difference, if any, between Tenant's actual Pro Rata Share of the Real Estate Taxes and Operating Expenses for the calendar year just completed and the estimated amount of Tenant's Pro Rata Share of the Real Estate Taxes and Operating Expenses (which were paid in accordance with this subparagraph) for such year. Such statement Settlement Statement shall also set forth the amount of the estimated Real Estate Taxes and Operating Expenses reimbursement for the new calendar year computed in accordance with the foregoing provisions. To the extent that Tenant's Pro Rata Share of the actual Real Estate Taxes and Operating Expenses for the period covered by such statement Settlement Statement is higher than the estimated payments which Tenant previously paid during the calendar year just completed, Tenant shall pay to Landlord the difference within thirty (30) days following receipt of said statement Settlement Statement from Landlord. To the extent that Tenant's Pro Rata Share of the actual Real Estate Taxes and Operating Expenses for the period covered by the Settlement Statements is less than the estimated payments which Tenant previously paid during the calendar year just completed, Landlord shall at its option either refund said amount to Tenant within thirty (30) days or credit the difference against Tenant's estimated reimbursement for such Real Estate Taxes and Operating Expenses for the current year. Any excess estimated payments made by Tenant which have not been refunded or applied as credits to Tenant's Rent obligations under the Lease, shall, at the end of the term, be promptly refunded to Tenant. In addition, with respect to the monthly reimbursement, until Tenant receives such statement, Tenant's monthly reimbursement for the new calendar year shall continue to be paid at the then current rate, but Tenant shall commence payment to Landlord of the monthly installments of reimbursement on the basis of the statement beginning on the first day of the month following the month in which Tenant receives such statement. Tenant's obligation with respect to its Pro Rata Share of the Real Estate Taxes and Operating Expenses shall survive the expiration or early termination of this Lease and Landlord shall have the right to retain the Security Deposit, or so much thereof as it deems necessary, to secure payment of Tenant's Pro Rata Share of the actual Real Estate Taxes and Operating Expenses for the portion of the final calendar year of the Lease during which Tenant was obligated to pay such expenses. If Tenant occupies the Premises for less than a full calendar year during the first or last calendar years of the term hereof, Tenant's Pro Rata Share for such partial year shall be calculated by proportionately reducing the Real Estate Taxes and Operating Expenses to reflect the number of months in such year during which Tenant occupied the Premises. Tenant shall pay its Pro Rata Share within fifteen (15) days following receipt of notice thereof. Tenant shall have the right, but not more than once per annum, at any time within one (1) year after a statement of actual Real Estate Taxes and Operating Expenses for a particular calendar year has been rendered by Landlord as provided herein, at Tenant's sole cost and expense, to have a certified public accountant examine and review Landlord's books and records during normal business hours and after reasonable notice, at Landlord's office relating to the determination of such Real Estate Taxes and Operating Expenses. Unless Tenant objects to the statement provided by Landlord within sixty (60) days of receipt of such statement, the adjustment and statement shall be deemed conclusive. In the event of any error in the statement, the amount due the other shall be paid or credited, if applicable, within thirty (30) days of the determination of the error. In the event that the error shows an excess payment by Tenant of five percent (5%) or more of the total actual Operating Expense liability of Tenant for such year, then Landlord shall pay the reasonable costs of such review within thirty (30) days of final resolution of any dispute regarding the error.,

Payments of Taxes and Operating Expenses. It is hereby agreed that ---------------------------------------- during each Lease Year of Term hereof, the Lease Term Tenant shall pay to Landlord Tenant's Pro Rata Prorata Share of the amount of the Operating Expenses and Real Estate Taxes for the Building Complex as set forth above. It is agreed that the Tenant shall, during each calendar year in which the term of this Lease commences pay to Landlord an estimate of the Tenant's Pro Rata Prorata Share of such Real Estate Taxes and Operating Expenses Expenses, if any, as hereinafter set forth. Beginning on with the Commencement Datefirst calendar year following the year in which this Lease commenced, the Tenant shall pay to Landlord each month on the first day of the month an amount equal to one-twelfth (1/12) of Tenant's Pro Rata Prorata Share of the Real Estate Taxes and Operating Expenses for the new calendar year in question as reasonably estimated by Landlord, with an adjustment to be made between the parties at a later date as hereinafter provided. If the Commencement Date is not the first day of a calendar month, Tenant shall pay a prorated portion of its Pro Rata Share of such Real Estate Taxes and Operating Expenses for such partial month on the Commencement Date. Furthermore, Landlord may from time to time but no more than three (3) times during any Lease Year furnish Tenant with notice of a re-estimation of the amount of Tenant's Pro Rata Share Real Estate Taxes and Operating Expenses and Tenant shall commence paying its re-estimated Pro Rata Share prorata share on the first day of the month following receipt of said notice. As soon as practicable following the end of any calendar year, but in no event later than March 1 of the following calendar year, Landlord shall submit to the Tenant a statement setting forth the exact amount of the Tenant's Pro Rata Prorata Share of the Real Estate Taxes and Operating Expenses for the calendar year just completed and the difference, if any, between the Tenant's actual Pro Rata Prorata Share of the Real Estate Taxes and Operating Expenses for the calendar year just completed and the estimated amount of the Tenant's Pro Rata Prorata Share of the Real Estate Taxes and Operating Expenses (which were paid in accordance with this subparagraph) for such year. Such statement shall also set forth the amount of the estimated Real Estate Taxes and Operating Expenses reimbursement for the new calendar year computed in accordance with the foregoing provisions. To the extent that the Tenant's Pro Rata Prorata Share of the actual Real Estate Taxes and Operating Expenses for the period covered by such statement is are higher than the estimated payments installments which the Tenant previously paid during the calendar year just completed, the Tenant shall pay to Landlord the difference within thirty (30) days following receipt of said statement from Landlord. To the extent that the Tenant's Pro Rata Prorata Share of the actual Real Estate Taxes and Operating Expenses for the period covered by the Statements is are less than the estimated payments installments which the Tenant previously paid during the calendar year just completed, Landlord shall may at its option either refund said amount to Tenant within thirty (30) days or credit the difference against the Tenant's estimated reimbursement for such Real Estate Taxes and Operating Expenses for the current year. In addition, with respect to the monthly reimbursement, until the Tenant receives such statement, the Tenant's monthly reimbursement for the new calendar year shall continue to be paid at the then current rate, but the Tenant shall commence payment to Landlord of the monthly installments of reimbursement on the basis of the statement beginning on the first day of the month following the month in which Tenant Xxxxxx receives such statement. The Tenant's obligation with respect to its Pro Rata Prorata Share of the Real Estate Taxes and Operating Expenses shall survive the expiration or early termination of this Lease and Landlord shall have the right to retain the Security Deposit, or so much thereof as it deems necessary, to secure payment of the Tenant's Pro Rata Prorata Share of the actual Real Estate Taxes and Operating Expenses for the portion of the final calendar year of the Lease during which the Tenant was obligated to pay such expenses. If the Tenant occupies the Premises for less than a full calendar year during the first or last calendar years of the term hereof, the Tenant's Pro Rata Prorata Share for such partial year shall be calculated by proportionately reducing the Real Estate Taxes and Operating Expenses to reflect the number of months days in such year during which Tenant occupied the Premises. The Tenant shall pay its Pro Rata Prorata Share of any such amounts within fifteen thirty (1530) days following receipt of notice thereof. The Tenant shall have the right, right but not more than once twice per annum, at any time within one thirty-six (136) year months after a statement of actual Real Estate Taxes and Operating Expenses for a particular calendar year has been rendered by Landlord as provided herein, at Tenant's sole cost and expense, to have a certified public accountant examine and review LandlordXxxxxxxx's books and records during normal business hours and after reasonable noticehours, at Landlord's office relating to the determination of such Real Estate Taxes and Operating Expenses. Unless Tenant objects to the statement provided by Landlord Landlord, within sixty said forty- five (6045) days of receipt of day period, such statement, the statement and adjustment and statement shall be deemed conclusive. In If the event of any error in audit discloses that Landlord overstated the statement, the amount due the other shall be paid or credited, if applicable, within thirty (30) days of the determination of the error. In the event that the error shows an excess payment Real Estate Taxes and Operating Expenses by Tenant of five percent (5%) or more of the total actual Operating Expense liability of Tenant for such year, then Landlord shall pay reimburse Tenant for the reasonable costs of such review within thirty (30) days of final resolution of any dispute regarding the erroraudit.

Payments of Taxes and Operating Expenses. In addition to Base Rent, Tenant shall reimburse Landlord for Real Estate Taxes and Operating Expenses for the Building as hereinafter set forth. It is hereby agreed that during each Lease Year of the Lease Term hereof, Tenant shall pay to Landlord Tenant's Pro Rata ’s Proportionate Share of the amount of increase in the Operating Expenses and Real Estate Taxes for over Tenant’s Proportionate Share of the Building Complex as set forth aboveBase Real Estate Taxes and Base Operating Expenses. It is agreed that Tenant shall, during each calendar year in which the term of this Lease commences pay to Landlord an estimate of Tenant's Pro Rata ’s Proportionate Share of such increased Real Estate Taxes and Operating Expenses Expenses, if any, as hereinafter set forth. Beginning on with the Commencement Datefirst calendar year following the year in which this Lease commenced, Tenant shall pay to Landlord each month on the first day of the month an amount equal to one-twelfth (1/12) of the increase, if any, in Tenant's Pro Rata ’s Proportionate Share of the Operating Expenses for the new calendar year as reasonably estimated by Landlord over Tenant’s Proportionate Share of the Base Real Estate Taxes and Operating Expenses for the calendar year in question as reasonably estimated by LandlordExpenses, with an adjustment to be made between the parties at a later date as hereinafter provided. If the Commencement Date is not the first day of a calendar month, Tenant shall pay a prorated portion of its Pro Rata Share of such Real Estate Taxes and Operating Expenses for such partial month on the Commencement Date. Furthermore, Landlord may from time to time but no more than three (3) times during any Lease Year furnish Tenant with notice of a re-estimation of the amount of Tenant's Pro Rata Share Real Estate Taxes and Operating Expenses and Tenant shall commence paying its re-estimated Pro Rata Proportionate Share on the first day of the month following receipt of said notice. As soon as practicable following the end of any calendar year, Landlord shall submit to Tenant a statement setting forth the exact amount of the increase, if any, in Tenant's Pro Rata ’s Proportionate Share of the Real Estate Taxes and Operating Expenses for the calendar year just completed over Xxxxxx’s Proportionate Share of the Base Real Estate Taxes and Operating Expenses, and the difference, if any, between Tenant's ’s actual Pro Rata Proportionate Share of the Real Estate Taxes and Operating Expenses for the calendar year just completed and the estimated amount of Tenant's Pro Rata ’s Proportionate Share of the Real Estate Taxes and Operating Expenses (which were was paid in accordance with this subparagraph) for such year. Such statement shall also set forth the amount of the estimated Real Estate Taxes and Operating Expenses reimbursement for the new calendar year computed in accordance with the foregoing provisions. To the extent that Tenant's Pro Rata Xxxxxx’s Proportionate Share of the actual Real Estate Taxes and Operating Expenses for the period covered by such statement is are higher than the estimated payments increases which Tenant previously paid during the calendar year just completed, Tenant shall pay to Landlord the difference in cash within thirty (30) days following receipt of said statement from Landlord. To the extent that Tenant's Pro Rata Xxxxxx’s Proportionate Share of the actual Real Estate Taxes and Operating Expenses for the period covered by the Statements is are less than the estimated payments increases which Tenant previously paid during the calendar year just completed, Landlord shall may at its option either refund said amount in cash to Tenant within thirty (30) days or credit the difference against Tenant's estimated reimbursement for such Real Estate Taxes and Operating Expenses for the current yearXxxxxx’s next accruing Base Rent or Additional Rent. In addition, with respect to the monthly reimbursement, until Tenant Xxxxxx receives such statement, Tenant's Xxxxxx’s monthly reimbursement for the new calendar year shall continue to be paid at the then current rate, but Tenant shall commence payment to Landlord of the monthly installments of reimbursement on the basis of the statement beginning on the first day of the month following the month in which Tenant receives such statement. Tenant's ’s obligation with respect to its Pro Rata Share proportionate share of the Real Estate Taxes and Operating Expenses shall survive the expiration or early termination of this Lease and Landlord shall have the right to retain the Security Deposit, or so much thereof as it deems necessary, to secure payment of Tenant's Pro Rata ’s Proportionate Share of the actual Real Estate Taxes and Operating Expenses for the portion of the final calendar year of the Lease during which Tenant was obligated to pay such expenses. If Tenant occupies the Premises for less than a full calendar year during the first or last calendar years of the term hereof, Tenant's Pro Rata ’s Proportionate Share for such partial year shall be calculated by proportionately reducing the Base Real Estate Taxes and Operating Expenses to reflect the number of months in such year during which Tenant occupied the PremisesPremises (the “Adjusted Base Real Estate Taxes and Operating Expenses”). The Adjusted Base Real Estate Taxes and Operating Expenses shall then be compared with the actual Real Estate Taxes and Operating Expenses for said partial year to determine the amount, if any, of any increases in the actual Real Estate Taxes and Operating Expenses for such partial year over the Adjusted Base Real Estate Taxes and Operating Expenses. Tenant shall pay its Pro Rata Proportionate Share of any such increases within fifteen thirty (1530) days following receipt of notice thereof. Tenant shall have the right, right but not more than once per annum, at any time within one hundred twenty (1120) year days after a statement of actual Real Estate Taxes and Operating Expenses for a particular calendar year has been rendered by Landlord as provided herein, at Tenant's ’s sole cost and expense, to have a certified public accountant examine and review Landlord's Xxxxxxxx’s books and records during normal business hours and after reasonable noticehours, at Landlord's ’s office relating to the determination of such Real Estate Taxes and Operating Expenses. Unless Tenant objects to the statement provided by Landlord herein within sixty said one hundred twenty (60120) days of following receipt of such Landlord’s statement, the such statement and adjustment and statement shall be deemed conclusive. In the event of any error in the statement, the amount due the other shall be paid or credited, if applicable, within thirty (30) days of the determination of the error. In the event that the error shows an excess payment by Tenant of five percent (5%) or more of the total actual Operating Expense liability of Tenant for such year, then Landlord shall pay the reasonable costs of such review within thirty (30) days of final resolution of any dispute regarding the error.

Payments of Taxes and Operating Expenses. It is hereby agreed that ---------------------------------------- during each Lease Year of the Lease Term Tenant shall pay to Landlord Tenant's Pro Rata Share of the amount of the Operating Expenses and Real Estate Taxes for the Building Complex as set forth above. It is agreed that Tenant shall, shall during each calendar year ear pay to Landlord an estimate of Tenant's Pro Rata Share of such Real Estate Taxes and Operating Expenses as hereinafter set forth. Beginning on with the Commencement Datecalendar year 1999, the Tenant shall pay to Landlord each month following the Commencement Date on the first day of the month an amount equal to one-twelfth (1/12) of Tenant's Pro Rata Share of the Real Estate Taxes and Operating Expenses for the such calendar year in question as reasonably estimated by Landlord, with an adjustment to be made between the parties at a later date as hereinafter provided. If the Commencement Date is not the first day of a calendar month, Tenant shall pay a prorated portion of its Pro Rata Share of such Real Estate Taxes and Operating Expenses for such partial month on the Commencement Date. Furthermore, Landlord may from time to time but no more than three (3) times once during any Lease Year furnish Tenant with notice of a re-estimation of the amount of Tenant's Pro Rata Share and Tenant shall commence paying its re-re- estimated Pro Rata Share on the first day of the month following receipt of said notice. As soon as practicable following the end of any calendar year, but not later than April 30 of the following year, Landlord shall submit to Tenant a detailed and itemized statement setting forth the exact amount of Tenant's Pro Rata Share of the Real Estate Taxes and Operating Expenses for the calendar year just completed and the difference, if any, between Tenant's actual Pro Rata Share of the Real Estate Taxes and Operating Expenses for the calendar year just completed and the estimated amount of Tenant's Pro Rata Share of the Real Estate Taxes and Operating Expenses (which were paid in accordance with this subparagraph) for such year. Such statement shall also set forth the amount of the estimated Real Estate Taxes and Operating Expenses reimbursement for the new calendar year computed in accordance with the foregoing provisions. To the extent that Tenant's Pro Rata Share of the actual Real Estate Taxes and Operating Expenses for the period covered by such statement is higher than the estimated payments which Tenant previously paid during the calendar year just completed, Tenant shall pay to Landlord the difference within thirty (30) days following receipt of said statement from Landlord. To the extent that Tenant's Pro Rata Share of the actual Real Estate Taxes and Operating Expenses for the period covered by the Statements is less than the estimated payments which Tenant previously paid during the calendar year just completed, Landlord shall at its option either refund said amount to Tenant within thirty (30) days or unless Tenant is in default in which event Landlord shall credit the difference against Tenant's estimated reimbursement for such Real Estate Taxes and Operating Expenses for the current year. In addition, with respect to the monthly reimbursement, until Tenant receives such statement, Tenant's monthly reimbursement for the new calendar year shall continue to be paid at the then current rate, but Tenant shall commence payment to Landlord of the monthly installments of reimbursement on the basis of the statement beginning on the first day of the month following the month in which Tenant receives such statement. Landlord's failure to provide such statement to Tenant as specified above shall in no way relieve Landlord or Tenant from their respective payment obligations upon an adjustment for actual Real Estate Taxes and Operating Expenses in the manner provided above. Landlord agrees to contract only with unaffiliated third party vendors with respect to the services to be provided and included as Operating Expenses under this Lease and agrees to bid such service contracts at least once per annum. Tenant's obligation with respect to its Pro Rata Share of the Real Estate Taxes and Operating Expenses shall survive the expiration or early termination of this Lease and Landlord shall have the right to retain the Security Deposit, or so much thereof as it deems necessary, to secure payment of Tenant's Pro Rata Share of the actual Real Estate Taxes and Operating Expenses for the portion of the final calendar year of the Lease during which Tenant was obligated to pay such expenses. If Tenant occupies the Premises for less than a full calendar year during the first or last calendar years of the term hereof, Tenant's Pro Rata Share for such partial year shall be calculated by proportionately reducing the Real Estate Taxes and Operating Expenses to reflect the number of months in such year during which Tenant occupied the Premises. Tenant shall pay its Pro Rata Share within fifteen thirty (1530) days following receipt of notice thereof. Tenant shall have the right, but not more than once per annum, at any time within one (1) year after a statement of actual Real Estate Taxes and Operating Expenses for a particular calendar year has been rendered by by, Landlord as provided herein, at Tenant's sole cost and expense, to have a certified public accountant examine and review audit Landlord's books and records at Landlord's office and during normal business hours and after reasonable noticenotice to Landlord, at Landlord's office relating to the determination of such Real Estate Taxes and Operating Expenses. Unless Tenant objects to the statement provided by Landlord within sixty (60) days of receipt of such statement, the adjustment and statement shall be deemed conclusive. In the event of any error in the statement, the amount due the other shall be paid or credited, if applicable, within thirty (30) days of the determination of the error. In Notwithstanding anything to the event that contrary set forth herein, if Tenant initiates an audit of any statement and such audit reflects an error in the error shows an excess payment by Tenant statement of more than five percent (5%) or more in the computation of the total actual amount of Operating Expense liability of Expenses as set forth in such statement, Landlord shall reimburse Tenant for the reasonable costs incurred by Tenant in obtaining such yearaudit. Tenant may request that Landlord initiate a tax appeal, then not more than once per annum, and Landlord shall initiate such appeal unless, based upon the reasonable judgment of Landlord's business consultants, Landlord is advised otherwise. If, at any time during the Lease Term, Landlord is awarded proceeds from a tax protest or appeal arising from taxes paid during the Lease Term, Landlord shall pay to Tenant its pro rata share of the reasonable costs net proceeds within sixty (60) days following such final ruling and receipt of such review within thirty (30) days of final resolution of any dispute regarding the errorproceeds.