Selection of Accountants. If Tenant disputes the amount of an adjustment or the proposed estimated bills for Taxes or Operating Expenses or the actual bills for a Lease Year, Tenant shall give Landlord written notice of such dispute within thirty (30) days after Landlord advises Tenant of such adjustment or xxxx, or the end of such Lease Year as the case may be. Tenant’s failure to give such notice shall waive its right to dispute the amounts so determined. Tenant shall not be entitled to dispute the foregoing amounts if Tenant is then in default hereunder beyond applicable notice and cure periods). If Tenant is entitled to and timely objects, Tenant shall have the right to engage its own accountants (“Tenant’s Accountants”) for the purpose of verifying the accuracy of the statement in dispute, or the reasonableness of the adjustment or estimated increase or decrease. If Tenant’s Accountants determine that an error has been made, Landlord and Tenant’s Accountants shall endeavor to agree upon the matter. If they cannot agree within twenty (20) days from the date Tenant’s Accountants commence reviewing Landlord’s records, Landlord and Tenant’s Accountants shall jointly select an independent certified public accounting firm (the “Independent Accountant”) which firm shall conclusively determine whether the adjustment or estimated increase or decrease is reasonable, and if not, what amount is reasonable. Both parties shall be bound by such determination. If Tenant’s Accountants do not participate in choosing an Independent Accountant within twenty (20) days after receipt of notice by Landlord, then Landlord’s determination of the adjustment or estimated increase or decrease shall be conclusively determined to be reasonable and Tenant shall be bound thereby. Any information obtained by Tenant’s Accountants with respect to Operating Expenses shall remain confidential except in connection with litigation between Landlord and Tenant.
Selection of Accountants. If Tenant disputes the amount of an adjustment or the proposed estimated increase or decrease in Taxes or Annual Operating Costs, Tenant shall give Landlord written notice of such dispute within thirty (30) days after Landlord advises Tenant of such adjustment or proposed increase or decrease. Tenant's failure to give such notice shall waive its right to dispute the amounts so determined. Tenant shall also not be entitled to dispute the foregoing amounts if Tenant is then in default hereunder. If Tenant is entitled to and timely objects, Tenant shall have the right to engage its own accountants ("Tenants Accountants") for the purposes of verifying the accuracy of the statement in dispute, or the reasonableness of the adjustment or estimated increase or decrease. If Tenant's Accountants determine that an error has been made, Landlord and Tenant's Accountants shall endeavor to agree upon the matter. If they cannot agree within twenty (20) days from the date Tenant's Accountants commence reviewing Landlord's records, Landlord and Tenant's Accountants shall jointly
Selection of Accountants. In this connection, the General Partner shall obtain the written affirmative recommendation of the Consultant prior to the selection of any Person to perform accounting services for the Partnership other than BDO Seidman, LLP, and the Consultant shall have the right at axx xxxx to recommend to the General Partner the change or removal of any accountants performing services for the Partnership, provided such change shall not cause the Partnership to incur unreasonable additional costs.
Selection of Accountants. The Seller and the Purchaser shall use their respective good faith efforts to resolve the objections set forth in the Objection Notice, and any such resolution between them shall be final, binding and conclusive on the parties hereto and shall be evidenced by a written agreement to that effect. However, if the Seller and the Purchaser are unable to resolve in writing such objections within thirty (30) days after the Purchaser’s receipt of the Objection Notice, then the Seller and the Purchaser shall submit the issues and the amounts remaining in dispute (the “Disputed Amounts”) to Xxxxx Xxxxxxxx LLP, or such other internationally recognized firm of independent accountants mutually acceptable to the Seller and the Purchaser (the “Accountants”) for final resolution (but in no event to any firm that is then the current auditor of the Seller, the Purchaser or their respective Affiliates). The Accountants shall serve as experts, not arbitrators. Each party agrees to promptly execute a reasonable and customary engagement letter with the Accountants, if requested to do so by the Accountants.
Selection of Accountants. Stockholders’ Representative and Purchaser shall use their good faith efforts to resolve the matters in dispute among themselves and to agree upon the Closing Working Capital Amount, and any such resolution between them shall be final, binding and conclusive on the parties hereto and shall be evidenced by a written agreement to that effect. However, if Purchaser and Stockholders’ Representative are unable to agree in writing on the Closing Working Capital Amount within 30 days after Purchaser’s receipt of the Stockholder Objection Notice, then Purchaser and Stockholders’ Representative shall submit the issues and the amounts in dispute (the “Disputed Amounts”) to BDO Xxxxxxx, LLP, provided if BDO Xxxxxxx, LLP is unwilling, is not independent of POWR, Purchaser and the Company or unable to undertake such engagement, then to a reputable, qualified accounting firm mutually acceptable to Purchaser and Stockholders’ Representative (the “Accountants”) for final resolution and determination of the Closing Amount.
Selection of Accountants. Franchisee will use the accounting services of a national or large regional firm of certified public accountants selected by Franchisee, or another accounting service reasonably satisfactory to PHI. Franchisee will notify PHI of the name and qualifications of any accounting service (other than a national or large regional firm of certified public accountants) selected by Franchisee; that accounting service will be considered satisfactory to PHI unless, within 30 days after PHI's receipt of Franchisee's notice of the name and qualifications of the accounting service, PHI notifies Franchisee of PHI's objection to the accounting service. PHI may withdraw its approval of any accounting service (including national and large regional firms) upon reasonable advance notice to Franchisee.
Selection of Accountants. If Tenant disputes the amount of an adjustment or the proposed estimated increase or decrease in Taxes or Operating Expenses, Tenant shall give Landlord written notice of such dispute within thirty (30) days after Landlord advises Tenant of such adjustment or proposed increase or decrease. Tenant's failure to give such notice shall waive its right to dispute the amounts so determined. Tenant shall also not be entitled to dispute the foregoing amounts if Tenant is then in default hereunder. If Tenant is entitled to and timely objects, Tenant shall
Selection of Accountants. The accountants ("Accountants") of the Joint Venture shall be a firm of independent certified public accountants selected by the Managing Partner.
Selection of Accountants. Franchisee will use the accounting services of a national or large regional firm of certified public accountants selected by Franchisee, or another accounting service reasonably satisfactory to BRAII. Franchisee will notify BRAII of the name and qualifications of any accounting service (other than a national or large regional firm of certified public accountants) selected by Franchisee; that accounting service will be considered satisfactory to BRAII unless, within 30 days after BRAII's receipt of Franchisee's notice of the name and qualifications of the accounting service, BRAII notifies Franchisee of BRAII's objection to the accounting service. BRAII may withdraw its approval of any accounting service (including national and large regional firms) upon reasonable advance notice to Franchisee.
Selection of Accountants. The accountants ("Accountants") of the Joint Venture shall be a firm of independent certified public accountants selected by U.S.P.L. Accountant's Duties. The Accountants retained by U.S.P.L. shall prepare an audited balance sheet of the Joint Venture as at the end of each fiscal year, together with related statements of income and retained earnings and changes in financial position with respect to such fiscal year, and a calculation of Distributable Cash and the means used to calculate such items. Within ninety (90) days after the end of each year, the Joint Venture shall furnish copies of such financial statement to each Party.
