Common use of Review By Tenant or Tenant’s CPA Clause in Contracts

Review By Tenant or Tenant’s CPA. Provided that (i) Tenant timely delivers an Expense Claim to Landlord and (ii) Escalations for the calendar year that is the subject of the Expense Claim are more than one hundred five percent (105%) of Escalations for the immediately preceding calendar year, Tenant and Tenant’s CPA (as defined below) shall have the right, at Tenant’s cost and expense, to examine, inspect, and copy the records of Landlord concerning the components of Expenses and/or Taxes for the calendar year in question that are disputed in the Expense Claim. Such examination shall take place upon reasonable prior written notice, at Landlord’s office, during normal business hours, within thirty (30) days after Landlord’s receipt of the Expense Claim. Any certified public accountant (“CPA”) engaged by Tenant to inspect Landlord’s records shall be compensated on an hourly basis and shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld or delayed. The inspection of Landlord’s records must be completed within three (3) business days after such records are made available to Tenant or its CPA. Tenant agrees to keep, and to cause its CPA to keep, all information obtained by Tenant or its CPA confidential. In no event shall Tenant be permitted to examine Landlord’s records or to dispute any Annual Statement unless Tenant has paid and continues to pay all Rent (including the amount disputed in the Expense Claim) when due.