Statements Binding Sample Clauses

Statements Binding. Every statement given by Landlord pursuant to paragraph (c) of this Paragraph 4 shall be conclusive and binding upon Tenant unless (i) within ninety (90) days after the receipt of such statement Tenant shall notify Landlord that it disputes the correctness thereof, specifying the particular respects in which the statement is claimed to be incorrect, and (ii) if such dispute shall not have been settled by agreement, Tenant shall submit the dispute to arbitration within ninety (90) days after receipt of the statement. Pending the determination of such dispute by agreement or arbitration as aforesaid, Tenant shall, within ten (10) days after receipt of such statement, pay Additional Rent in accordance with Landlord’s statement and such payment shall be without prejudice to Tenant’s position. If the dispute shall be determined in Tenant’s favor, Landlord shall forthwith pay Tenant the amount of Tenant’s overpayment of Additional Rent resulting from compliance with Landlord’s statement.

Statements Binding. Every statement given by Landlord pursuant to paragraph (c) of this Paragraph 4 shall be conclusive and binding upon Tenant unless within ninety (90) days after the receipt of such statement Tenant shall notify Landlord (a “Dispute Notice”) that it disputes the correctness thereof, specifying, subject to Tenant’s audit rights set forth in paragraph (f) below, the particular respects in which the statement is claimed to be incorrect. Following Landlord’s receipt of a Dispute Notice, Landlord and Tenant shall have a period of forty-five (45) days in which to discuss the matters raised in such Dispute Notice and reach agreement on a resolution thereof. If Landlord and Tenant are not able to resolve such dispute within such forty-five (45) day period, then Tenant shall submit the dispute to arbitration within forty-five (45) days after the end of such forty-five (45) day discussion period. Pending the determination of such dispute by agreement or arbitration as aforesaid, Tenant shall, within ten (10) days after receipt of such statement, pay Additional Rent in accordance with Landlord’s statement and such payment shall be without prejudice to Tenant’s position. If the dispute shall be determined in Tenant’s favor, Landlord shall within thirty (30) days pay Tenant the amount of Tenant’s overpayment of Additional Rent resulting from compliance with Landlord’s statement.

Statements Binding. Every statement given by Landlord pursuant to Section 3.3(a(1) (“Landlord’s Statement”) shall be conclusive and binding upon Tenant, unless within one hundred twenty (120) days after the receipt of Landlord’s Statement Tenant shall notify Landlord that it disputes the correctness thereof and requests to conduct an audit (“Tenant’s Dispute Notice”). Pending the resolution of such dispute by agreement or otherwise, Tenant shall, within thirty (30) days after receipt of such statement, pay the OpEx and Taxes Payment in accordance with Landlord’s statement and such payment shall be without prejudice to Tenant’s position. If the dispute shall be determined in Tenant’s favor, Landlord shall forthwith pay Tenant the amount of Tenant’s overpayment of the OpEx and Taxes Payment resulting from compliance with Landlord’s statement.

Statements Binding. The statements of Operating Expenses to be furnished by Lessor under paragraph (3) as provided above shall be certified as true and correct by Lessor, and shall be prepared in reasonable detail by Lessor. The statements thus furnished to Lessee shall constitute a final determination as between Lessor and Lessee of Operating Expenses for the periods represented thereby, unless Lessee, within 30 days after they are furnished, shall give notice to Lessor that it disputes their accuracy or their appropriateness, which notice shall specify the particular respects in which the statement is inaccurate or inappropriate. Pending the resolution of such dispute, Lessee shall pay to Lessor the uncontested portion of Operating Expenses. Any such dispute shall be resolved by binding arbitration in accordance with Section 54 of this Lease. Within 30 days after the resolution of such dispute, Lessee shall pay to Lessor any deficiency in the amount of Operating Expenses previously paid by it to Lessor. Lessee shall have the right, during business hours and upon 3 business days' prior written notice to Lessor, to examine and/or audit Lessor's books and records with respect to Operating Expenses paid or payable by Lessee, and if such examination reveals that Lessor overstated Operating Expenses by 5% or more, the cost of such examination and/or audit shall be paid by Lessor upon demand.

Statements Binding. Every Reconciliation Statement given by Landlord pursuant to paragraph (c) of this Paragraph 4 shall be conclusive and binding upon Tenant unless (i) within ninety (90) days after the receipt of such Reconciliation Statement Tenant shall notify Landlord that it disputes the correctness thereof, specifying the particular respects in which the Reconciliation Statement is claimed to be incorrect, and elects to exercise its audit rights below.