Common use of Statements Binding Clause in Contracts

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.

Appears in 3 contracts

Samples: Office Lease Agreement (Federal Home Loan Bank of Seattle), Office Lease Agreement (Federal Home Loan Bank of Seattle), Office Lease Agreement (Federal Home Loan Bank of Seattle)

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Statements Binding. Every statement given by Landlord pursuant to paragraph subparagraph (c) of this Paragraph 4 shall be conclusive and binding upon Tenant unless (i) within ninety one hundred twenty (90120) 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 binding arbitration within ninety one hundred twenty (90120) days after receipt of the statement. Pending the determination of such dispute by agreement or arbitration as aforesaid, Tenant shall, within ten thirty (1030) 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.

Appears in 2 contracts

Samples: Lease Agreement (Cloudflare, Inc.), Lease Agreement (Cloudflare, Inc.)

Statements Binding. Every statement given by Landlord pursuant to paragraph (cParagraph 4(a) of this Paragraph 4 above 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 desires to review the correctness thereof, specifying the particular respects in which the statement is claimed to be incorrect, and (ii) if Landlord and Tenant are unable to settle by agreement any dispute which may arise in connection with such dispute shall not have been settled review by agreementTenant, then, unless, subject to the provisions of Paragraph 4(g) below, Tenant shall submit the such dispute to arbitration the CPA Arbitration within ninety one hundred twenty (90120) days after receipt of the statement. Pending the determination of such dispute by agreement or arbitration the “CPA Arbitration” (as aforesaidhereinafter defined), Tenant shall, within ten twenty (1020) 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.

Appears in 1 contract

Samples: Office Lease Agreement (Workday, Inc.)

Statements Binding. Every statement given by Landlord pursuant to paragraph (cParagraph 4(a) of this Paragraph 4 above 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.

Appears in 1 contract

Samples: Office Lease Agreement (Callidus Software Inc)

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 one hundred twenty (90120) 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 one hundred twenty (90120) days after receipt of the statement. Pending the determination of such dispute by agreement or arbitration as aforesaid, Tenant shall, within ten thirty (1030) 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.

Appears in 1 contract

Samples: Deed of Lease (Sucampo Pharmaceuticals, Inc.)

Statements Binding. Every statement given by Landlord pursuant to paragraph Section (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 one hundred eighty (90180) days after receipt of the statement. Pending the determination of such dispute by agreement or arbitration as aforesaid, Tenant shall, within ten thirty (1030) 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 within thirty (30) days thereafter pay Tenant the amount of Tenant’s overpayment of Additional Rent resulting from compliance with Landlord’s statement.

Appears in 1 contract

Samples: Office Lease Agreement (Arrowhead Research Corp)

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 's statement and such payment shall be without prejudice to Tenant’s 's position. If the dispute shall be determined in Tenant’s 's favor, Landlord shall forthwith pay Tenant the amount of Tenant’s 's overpayment of Additional Rent resulting from compliance with Landlord’s 's statement.

Appears in 1 contract

Samples: Lease Agreement (Pixelworks Inc)

Statements Binding. Every statement given by Landlord pursuant to paragraph (cParagraph 4(d)(i) of this Paragraph 4 shall be conclusive and binding upon Tenant unless (i) within ninety three (903) days years 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 binding arbitration within ninety three (903) days years after receipt of the statement. Pending the determination of such dispute by agreement or binding 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.

Appears in 1 contract

Samples: Lease Agreement (Trident Microsystems Inc)

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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 one hundred twenty (90120) 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 one hundred twenty (90120) 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.

Appears in 1 contract

Samples: Lease Agreement (INVO Bioscience, Inc.)

Statements Binding. Every statement given by Landlord pursuant to paragraph the third sentence of Paragraph 4(c)(l) above (ceach, an “Expense Statement”) of this Paragraph 4 shall be conclusive and binding upon Tenant unless (i) within ninety sixty (9060) days after the receipt of such statement Expense Statement Tenant shall notify Landlord that it disputes the correctness thereof, specifying the particular respects in which the statement Expense 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 statementExpense Statement. Pending the determination of such dispute by agreement or arbitration as aforesaid, Tenant shall, within ten (10) days after receipt of such statementExpense Statement, pay Additional Rent in accordance with Landlord’s statement Expense 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 or credit to Tenant the amount of Tenant’s overpayment of Additional Rent resulting from compliance with Landlord’s statementExpense Statement.

Appears in 1 contract

Samples: Lease Agreement (Financial Engines, Inc.)

Statements Binding. Every statement given by Landlord pursuant to paragraph (cParagraph 4(d) 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 (pursuant to the procedures set forth in Paragraph 4(g) below) 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 thirty (1030) 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.

Appears in 1 contract

Samples: Lease Agreement (Alliance Fiber Optic Products Inc)

Statements Binding. Every statement given by Landlord pursuant to paragraph (c) Paragraph 4.3.1 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 commence the dispute to arbitration exercise of its rights under Section 4.6 below within ninety (90) days after receipt of the statement. Pending the determination of such dispute by agreement or binding arbitration as aforesaid, Tenant shall, within ten (10) days after receipt of such statement, pay Additional Rent in accordance with Landlord’s 's statement and such payment shall be without prejudice to Tenant’s 's position. If the dispute shall be XXXXXX #00000 x00 Xxxxxx Lease determined in Tenant’s 's favor, Landlord shall forthwith pay Tenant the amount of Tenant’s 's overpayment of Additional Rent resulting from compliance with Landlord’s 's statement.

Appears in 1 contract

Samples: Lease Agreement (Zeltiq Aesthetics Inc)

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