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 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 paragraph (c) of this Paragraph 4 shall be conclusive and binding upon Tenant unless within ninety one hundred eighty (90180) days after the receipt of such statement Tenant shall notify Landlord (a “Dispute Notice”"DISPUTE NOTICE") that it disputes the correctness thereof, specifying, subject to Tenant’s 's audit rights set forth in paragraph (f) below, the particular respects in which the statement is claimed to be incorrect. Following Landlord’s '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 '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 within thirty (30) days pay Tenant the amount of Tenant’s 's overpayment of Additional Rent resulting from compliance with Landlord’s '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 's audit rights set forth in paragraph (f) below, the particular respects in which the statement is claimed to be incorrect. Following Landlord’s '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-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 '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 within thirty (30) days pay Tenant the amount of Tenant’s 's overpayment of Additional Rent resulting from compliance with Landlord’s 's statement.