Common use of Selection of Accountants Clause in Contracts

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 that actual charges, amount of an adjustment or adjustment, the proposed estimated bills or the Reconciliation for Real Estate Taxes or Operating Expenses or the actual bills for a Lease YearExpenses, Tenant shall give Landlord written notice of such dispute within thirty one (301) days year after Landlord advises Tenant of such adjustment charges, adjustment, xxxx or xxxx, or the end of such Lease Year as the case may beReconciliation. Tenant’s '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 and/or other professionals with expertise in the analysis of commercial building operating expenses and/or real estate taxes (“"Tenant’s 's Accountants”") for the purpose of examining Landlord's books and accounts and verifying the accuracy of the statement in dispute, or the reasonableness of the adjustment or estimated increase or decrease. If Tenant’s 's Accountants determine that an error has been made, Landlord and Tenant’s 's Accountants shall endeavor to agree upon the matter. If they cannot agree within twenty sixty (2060) days from the date Tenant’s 's Accountants commence reviewing Landlord’s 's records, Landlord and Tenant’s '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 either party's Accountants do not participate in choosing an Independent Accountant within twenty sixty (2060) days after receipt of notice by Landlordfrom the other, then Landlord’s the other party's Accountant's determination of the adjustment or estimated increase or decrease shall be conclusively determined to be reasonable and Tenant the parties shall be bound thereby. Any information obtained by Tenant’s 's Accountants with respect to Operating Expenses shall remain confidential except in connection with litigation between Landlord and Tenant. Upon written request of Tenant, at Tenant's expense, Landlord shall initiate tax abatement proceedings for the Building and the Property. In the event said proceeding results in a reduction of Real Estate Taxes, Tenant shall be entitled to reimbursement for all actual and reasonable third-party expenses incurred in connection with said proceeding (which shall be included and properly recoverable as Operating Expenses). In the event said proceeding results in an increase in Real Estate Taxes, Tenant shall be responsible for the payment of 100 percent of said increase.

Selection of Accountants. If Tenant disputes the amount of an adjustment or the proposed estimated bills for increase or decrease in Taxes or Operating Expenses or the actual bills for a Lease YearExpenses, Tenant shall give Landlord written notice of such dispute within thirty (30) days after Landlord advises Tenant of such adjustment or xxxx, proposed increase or the end of such Lease Year as the case may bedecrease. Tenant’s '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 beyond applicable notice and cure periods)hereunder. If Tenant is entitled to and timely objects, Tenant shall have the right to engage its own accountants (“"Tenant’s '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. Tenant must specifically designate the Lease Year(s) that Tenant intends to audit, which shall be a year within three (3) years of the date of the audit but must be within the Term of this Lease. If Tenant’s 's Accountants determine that an error has been made, Landlord and Tenant’s 's Accountants shall endeavor to agree upon the matter. If they cannot agree within twenty (20) days from the date Tenant’s 's Accountants commence reviewing Landlord’s 's records, Landlord and Tenant’s '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 's Accountants do not participate in choosing an the Independent Accountant within twenty (20) 20 days after receipt of delivery of notice by Landlord, then Landlord’s '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 bills for increase or decrease in Taxes or Annual Operating Expenses or the actual bills for a Lease YearCosts, Tenant shall give Landlord written notice of such dispute within thirty (30) days after Landlord advises Tenant of such adjustment or xxxx, proposed increase or the end of such Lease Year as the case may bedecrease. Tenant’s '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 beyond applicable notice and cure periods)hereunder. If Tenant is entitled to and timely objects, Tenant shall have the right to engage its own accountants (“Tenant’s "Tenants Accountants”") for the purpose purposes of verifying the accuracy of the statement in dispute, or the reasonableness of the adjustment or estimated increase or decrease. If Tenant’s 's Accountants determine that an error has been made, Landlord and Tenant’s 's Accountants shall endeavor to agree upon the matter. If they cannot agree within twenty (20) days from the date Tenant’s 's Accountants commence reviewing Landlord’s 's records, Landlord and Tenant’s '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 decreases is reasonable, and if not, what amount is reasonable. Both parties shall be bound by such determination. If Tenant’s 's Accountants do not participate in choosing an the Independent Accountant within twenty (20) 20 days after receipt of notice by Landlordfrom the date Landlord and Tenant's Accountant's determine that they cannot agree as to whether or not an error has been made, then Landlord’s '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 Tenanthereby.

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 '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 periodsperiod(s). If Tenant is entitled to and timely objects, Tenant shall have the right to engage its own accountants (“"Tenant’s '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 's Accountants determine that an error has been made, Landlord and Tenant’s 's Accountants shall endeavor to agree upon the matter. If they cannot agree within twenty (20) days from the date Tenant’s 's Accountants commence reviewing Landlord’s 's records, Landlord and Tenant’s '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 's Accountants do not participate in choosing an Independent Accountant within twenty (20) days after receipt of notice by Landlord, then Landlord’s '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 's Accountants with respect to Operating Expenses shall remain confidential except in connection with litigation between Landlord and Tenant.