Review of Landlord’s Statement. Provided that Tenant is not then in default beyond any applicable cure period of its obligations to pay Base Rent, additional rent described in Section 4.02(B), or any other payments required to be made by it under this Lease and provided further that Tenant strictly complies with the provisions of this Section 4.04, Tenant shall have the right, once each calendar year, to reasonably review supporting data for any portion of a Landlord's Statement (provided, however, Tenant may not have an audit right to all documentation relating to Building operations as this would far exceed the relevant information necessary to properly document a pass-through billing statement, but real estate tax statements, and information on utilities, repairs, maintenance and insurance will be available), in accordance with the following procedure:
Review of Landlord’s Statement. Provided this Lease is in full force and effect and that Tenant is not then in default under this Lease and provided further that Tenant strictly complies with the provisions of this Section 4.04, Tenant shall have the right, once each calendar year, to reasonably review supporting data for any portion of a Landlord's Statement that Tenant claims is incorrect, in accordance with the following procedure:
Review of Landlord’s Statement. Provided that Tenant is not then in default beyond any applicable cure period of its obligations to pay Base Rent or any other payments required to be made by it under this Lease and provided further that Tenant strictly complies with the provisions of this Section 4.04, Tenant shall have the right, once each calendar year, to reasonably review supporting data for any portion of a Landlord's Statement (provided, however, Tenant may not have an audit right to all documentation relating to Building operations as this would far exceed the relevant information necessary to properly document a pass-through billing statement, but real estate tax statements, and information on utilities, repairs, maintenance and insurance will be available), in accordance with the following procedure:
Review of Landlord’s Statement. Provided that Tenant strictly complies with the provisions of this Paragraph 4 of this Exhibit “E”, Tenant shall have the right, at Tenant’s sole cost and expense, to reasonably review Landlord’s supporting books and records (at Landlord’s manager’s corporate offices) for any portion of the Property Taxes or Insurance for a particular Expense Year covered by Landlord’s Statement. Tenant shall, within ninety (90) days after any such Landlord’s Statement is delivered to Tenant, deliver a written notice (a “Dispute Notice”) to Landlord specifying the items described in the Landlord’s Statement that are claimed to be incorrect, and Tenant shall simultaneously pay to Landlord all amounts (if any) remaining due from Tenant to Landlord as specified in the Landlord’s Statement. The right of Tenant under this Paragraph 4 of this Exhibit “E” may only be exercised once for each Expense Year covered by any Landlord’s Statement, and if Tenant fails to deliver a Dispute Notice within the ninety (90) day period described above or fails to meet any of the other above conditions of exercise of such right, the right of Tenant to audit a particular Landlord’s Statement (and all of Tenant’s rights to make any claim relating thereto) under this Paragraph 4 of this Exhibit “E” shall automatically be deemed waived by Tenant. Any review of records under this Paragraph 4 of this Exhibit “E” shall be at the sole expense of Tenant and shall be conducted by independent certified public accountants of national standing which are not compensated on a contingency fee or similar basis relating to the results of such audit. Tenant acknowledges and agrees that any records of Landlord reviewed under this Paragraph 4 of this Exhibit “E” (and the information contained therein) constitute Landlord Confidential Information, which shall not be disclosed other than to Tenant’s accountants performing the review and principals of Tenant who receive the results of the review. If Landlord disagrees with Tenant’s contention that an error exists with respect to the Landlord’s Statement in dispute, Landlord shall have the right to cause another review of that portion of Landlord’s Statement to be made by a firm of independent certified public accountants of national standing selected by Landlord (“Landlord’s Accountant”). If it is finally determined pursuant to this Paragraph 4 of this Exhibit “E” that a particular Landlord’s Statement overstated amounts payable by Tenant under Section 4.1.3 of the Stan...
Review of Landlord’s Statement. Provided that no Event of Default then exists and provided further that Tenant strictly complies with the provisions of this Section 4.5, Tenant shall have the right to conduct a reasonable review of Landlord's supporting books and records for any portion of the Property Taxes or Operating Expenses for a particular Expense Year covered by Landlord's Statement, in accordance with the following procedure:
Review of Landlord’s Statement. 4.5.1 Provided that Tenant is not then in default beyond the expiration of any applicable notice and cure periods with respect to its obligations under this Lease and provided further that Tenant strictly complies with the provisions of this Section 4.5, Tenant shall have the right to reasonably review Landlord's supporting books and records for any portion of the Property Taxes or Operating Expenses for a particular Comparison Year covered by Landlord's Statement, in accordance with the following procedure:
Review of Landlord’s Statement. Provided that (a) an Event of Default is not then pending and (b) Tenant strictly complies with the provisions of this Section 4.4, Tenant shall have the right, once each calendar year, to reasonably review relevant supporting data for any portion of a Landlord’s Statement, in accordance with the following procedure:
Review of Landlord’s Statement. Provided that Tenant is not then in default beyond any applicable cure period of its obligations under this Lease and provided further that Tenant strictly complies with the provisions of this Subparagraph 3.4.4, Tenant shall have the right, once each calendar year, to reasonably review supporting data for Building Operating Costs for the Project and Tenant's Pro Rata Share of Excess Operating Costs for the Project for any portion of Landlord's Statement, in accordance with the following procedure:
Review of Landlord’s Statement. Provided that Tenant is not in default beyond any applicable cure period under this Lease, and provided further that Tenant strictly complies with the provisions of this Section 4.04, Tenant shall have the right to reasonably review supporting data for any portion of a Landlord's Statement for the calendar year to which said Statement pertains plus the calendar year preceding that calendar year if the same has not previously been audited (for a possible total look-back period of two (2) calendar years); provided, however, Tenant may not audit any calendar year more than once. Further, Tenant may not have the right to audit all documentation relating to all Building operations as this would far exceed the relevant information necessary to properly document a pass-through billing statement, but real estate tax statements, and information on utilities, repairs, maintenance and insurance will be available), in accordance with the following procedure:
Review of Landlord’s Statement. Provided this Lease is in full force and effect, but including 90 days after the receipt of the last Landlord's statement, and that Tenant is not then in default under this Lease and provided further that Tenant strictly complies with the provisions of this Section 4.04, Tenant shall have the right, once each calendar year, to reasonably review supporting data for any portion of a Landlord's Statement that Tenant claims is incorrect, in accordance with the following procedure:
