Common use of Statements for the Tenant Clause in Contracts

Statements for the Tenant. Prior to April 1, 2001, and on or before that day in each Subsequent Year, the Landlord will furnish a Comparative Statement to the Tenant. The failure of the Landlord to furnish a Comparative Statement shall be without prejudice to the right of the Landlord to furnish a Comparative Statement at any time in the future. Every Comparative Statement furnished by the Landlord pursuant to this Article shall be conclusive and binding upon Tenant unless within the later of (i) ninety (90) days after the receipt of such Comparative Statement, or (ii) ninety (90) days after the Tenant has received a copy of the tax xxxx if the Tenant has requested a copy of the tax xxxx within ninety days after receipt of the Comparative Statement, Tenant shall notify Landlord that it disputes the correctness thereof, specifying the particular respects in which such Comparative Statement is claimed to be incorrect. Pending the determination of such dispute, Tenant shall pay additional rent in accordance with such Comparative Statement and such payment shall be without prejudice to Tenant's position and to the Tenant's rights to a refund of any overpayment. If the dispute shall be determined in Tenant's favor, Landlord shall within five business days after Landlord's receipt of the notice of such determination, pay Tenant the amount of Tenant's overpayment of additional rent resulting from compliance with such Comparative Statement. This provision shall survive the expiration or termination of the lease and shall be binding on the successors of each party.

Statements for the Tenant. Prior to April 1, 2001, and on or before that day in each Subsequent Year, the Landlord will furnish a Comparative Statement to the Tenant. The failure of the Landlord to furnish a Comparative Statement shall be without prejudice to the right of the Landlord to furnish a Comparative Statement at any time in the future. Every Comparative Statement furnished by the Landlord pursuant to this Article shall be conclusive and binding upon Tenant unless within the later of (i) ninety (90) days after the receipt of such Comparative Statement, or (ii) ninety (90) days after the Tenant has received a copy of the tax xxxx if bill xx the Tenant has requested a copy of the tax xxxx within bill xxxhin ninety days after receipt of the Comparative Statement, Tenant shall notify Landlord that it disputes the correctness thereof, specifying the particular respects in which such Comparative Statement is claimed to be incorrect. Pending the determination of such dispute, Tenant shall pay additional rent in accordance with such Comparative Statement and such payment shall be without prejudice to Tenant's position and to the Tenant's rights to a refund of any overpayment. If the dispute shall be determined in Tenant's favor, Landlord shall within five business days after Landlord's receipt of the notice of such determination, pay Tenant the amount of Tenant's overpayment of additional rent resulting from compliance with such Comparative Statement. This provision shall survive the expiration or termination of the lease and shall be binding on the successors of each party.

Statements for the Tenant. Prior to April On or before January 1, 2001, 1988 and on or before that day in each Subsequent Year, the Landlord will furnish a Comparative Statement to the Tenant. The failure of the Landlord to furnish a Comparative Statement shall be without prejudice to the right of the Landlord to furnish a Comparative Statement at any time in the future. Every Comparative Statement furnished by the Landlord pursuant to this Article shall be conclusive and binding upon the Tenant unless within the later of (i) ninety (90) within 120 days after the receipt of such Comparative Statement, or (ii) ninety (90) days after the Tenant has received a copy of the tax xxxx if the Tenant has requested a copy of the tax xxxx within ninety days after receipt of the Comparative Statement, Statement Tenant shall notify Landlord that it disputes the correctness thereof, specifying the particular respects in which such the Comparative Statement is claimed to be incorrect, and (ii) if such dispute shall not have been settled by agreement, the dispute shall have been submitted to arbitration within 180 days after receipt of the Comparative Statement. Pending the determination of such disputedispute by agreement or arbitration as aforesaid, Tenant shall pay additional rent in accordance with such the Comparative Statement and such payment shall be without prejudice to Tenant's position and to the Tenant's rights to a refund of any overpayment. If the dispute shall be determined in Tenant's favor, Landlord shall within five business days after Landlord's receipt of the notice of such determination, forthwith pay Tenant the amount of Tenant's overpayment of additional rent resulting from compliance with such the Comparative Statement. This provision shall survive the expiration or termination of the lease and shall be binding on the successors of each party.

Statements for the Tenant. Prior to April November 1, 20011995, and on or before that day in each Subsequent Year, the Landlord will furnish a Comparative Statement to the Tenant. The failure of the Landlord to furnish a Comparative Statement shall be without prejudice to the right of the Landlord to furnish a Comparative Statement at any time in the future. Every Comparative Statement furnished Furnished by the Landlord pursuant to this Article shall be conclusive and binding upon Tenant unless within the later of (i) ninety within thirty (9030) days after the receipt of such Comparative Statement, or (ii) ninety (90) days after the Tenant has received a copy of the tax xxxx if the Tenant has requested a copy of the tax xxxx within ninety days after receipt of the Comparative Statement, Statement Tenant shall notify Landlord that it disputes the correctness thereof, specifying the particular respects in which such Comparative Statement is claimed to be incorrect. Pending the determination of such dispute, Tenant shall pay additional rent in accordance with such Comparative Statement and such payment shall be without prejudice to Tenant's position and to the Tenant's rights to a refund of any overpayment. If the dispute shall be determined in Tenant's favor, Landlord shall within five (5) business days after Landlord's receipt of the notice of such determination, pay Tenant the amount of Tenant's overpayment of additional rent resulting from compliance with such Comparative Statement. This provision shall survive the expiration or termination of the lease and shall be binding on the successors of each party.

Statements for the Tenant. Prior to On or before April 1, 20012000, and on or before that day in at each Subsequent Year, the Landlord will furnish a CPI Comparative Statement to the Tenant. The failure of the Landlord to furnish a CPI Comparative Statement shall be without prejudice to the right of the Landlord to furnish a CPI Comparative Statement at any time in the future. Every CPI Comparative Statement furnished by the Landlord pursuant to this Article shall be conclusive and binding upon the Tenant unless within the later of (i) ninety (90) within ten days after the receipt of such CPI Comparative Statement, or (ii) ninety (90) days after the Tenant has received a copy of the tax xxxx if the Tenant has requested a copy of the tax xxxx within ninety days after receipt of the Comparative Statement, Statement Tenant shall notify Landlord that it disputes the correctness thereof, specifying the particular respects in which such the CPI Comparative Statement is claimed to so be incorrect, and (ii) if such dispute shall not have been settled by agreement, the dispute shall have been submitted to arbitration within ninety days after receipt of the CPI Comparative Statement. Pending the determination of such disputedispute by agreement of arbitration as aforesaid, Tenant shall pay additional rent in accordance with such the CPI Comparative Statement and such payment shall be without prejudice to Tenant's position and to the Tenant's rights to a refund of any overpayment. If the dispute shall be determined in Tenant's favor, Landlord shall within five business days after Landlord's receipt of the notice of such determination, forthwith pay Tenant the amount of Tenant's overpayment of additional rent resulting from compliance with such the CPI Comparative Statement. This provision shall survive the expiration or termination of the lease and shall be binding on the successors of each party.PLEASE INITIAL

Statements for the Tenant. Prior to April On or before November 1, 20011997, and on or before that day in each Subsequent Year, the Landlord will furnish a CPI Comparative Statement to the Tenant. The failure of the Landlord to furnish a CPI Comparative Statement shall be without prejudice to the right of the Landlord to furnish a CPI Comparative Statement at any time in the future. Every CPI Comparative Statement furnished by the Landlord pursuant to this Article shall be conclusive and binding upon the Tenant unless within the later of (i) ninety within ten (9010) days after the receipt of such CPI Comparative Statement, or (ii) ninety (90) days after the Tenant has received a copy of the tax xxxx if the Tenant has requested a copy of the tax xxxx within ninety days after receipt of the Comparative Statement, Statement Tenant shall notify Landlord that it disputes the correctness thereof, specifying the particular respects in which such the CPI Comparative Statement is claimed to be incorrect, and (ii) if such dispute shall not have been settled by agreement, the dispute shall have been submitted to arbitration within ninety days after receipt of the CPI Comparative Statement. Pending the determination of such disputedispute by agreement of arbitration as aforesaid, Tenant shall pay additional rent in accordance with such the CPI Comparative Statement and such payment shall be without prejudice to Tenant's position and to the Tenant's rights to a refund of any overpayment. If the dispute shall be determined in Tenant's favor, Landlord shall within five business days after Landlord's receipt of the notice of such determination, forthwith pay Tenant the amount of Tenant's overpayment of additional rent resulting from compliance with such the CPI Comparative Statement. This provision shall survive the expiration or termination of the lease and shall be binding on the successors of each party.PLEASE INITIAL

Statements for the Tenant. Prior to April 1, 2001June 1st in each Subsequent Year after delivery of the Landlord's Notice, and on or before that day in each Subsequent Year, the Landlord will furnish a an Operating Expense Comparative Statement to the Tenant. The failure of the Landlord to furnish a an Operating Expense Comparative Statement shall be without prejudice to the right of the Landlord to furnish a an Operating Expense Comparative Statement at any time in the future. Every Operating Expense Comparative Statement furnished by the Landlord pursuant to this Article shall be conclusive and binding upon Tenant unless within the later of (i) ninety (90) within ten days after the receipt of such Operating Expense Comparative Statement, or (ii) ninety (90) days after the Tenant has received a copy of the tax xxxx if the Tenant has requested a copy of the tax xxxx within ninety days after receipt of the Comparative Statement, Statement Tenant shall notify Landlord that it disputes the correctness thereof, specifying the particular respects in which such Operating Expense Comparative Statement is claimed to be incorrect, and (ii) if such dispute shall not have been settled by agreement, the dispute shall have been submitted to arbitration within ninety days after receipt of such Operating Expense Comparative Statement. Pending the determination of such disputedispute by agreement of arbitration as aforesaid, Tenant shall pay additional rent in accordance with such Operating Expense Comparative Statement and such payment shall be without prejudice to Tenant's position and to the Tenant's rights to a refund of any overpayment. If the dispute shall be determined in Tenant's favor, Landlord shall within five business days after Landlord's receipt of the notice of such determination, forthwith pay Tenant the amount of Tenant's overpayment of additional rent resulting from compliance with such Operating Expense Comparative Statement. This provision shall survive the expiration or termination of the lease and shall be binding on the successors of each party.Escalator 77-B/82

Statements for the Tenant. Prior to April On or before December 1, 20011999, and on or before that day in each Subsequent Year, the Landlord will furnish a CPI Comparative Statement to the Tenant. Upon the written request of the Tenant, the Landlord shall promptly provide the Tenant with a copy of the tax xxxx for the fiscal year(s) for which a CPI Comparative Statement is being rendered. The failure of the Landlord to furnish a CPI Comparative Statement shall be without prejudice to the right of the Landlord to furnish a CPI Comparative Statement at any time in the future. Every CPI Comparative Statement furnished by the Landlord pursuant to this Article shall be conclusive and binding upon the Tenant unless within the later of (i) within ninety (90) days after the receipt of such CPI Comparative Statement, or (ii) ninety (90) days after the Tenant has received a copy of the tax xxxx if the Tenant has requested a copy of the tax xxxx within ninety days after receipt of the Comparative Statement, Statement Tenant shall notify Landlord that it disputes the correctness thereof, specifying the particular respects in which such the CPI Comparative Statement is claimed to be incorrect, and (ii) if such dispute shall not have been settled by agreement, the dispute shall have been submitted to arbitration within ninety days after receipt of the CPI Comparative Statement. Pending the determination of such disputedispute by agreement of arbitration as aforesaid, Tenant shall pay additional rent in accordance with such the CPI Comparative Statement and such payment shall be without prejudice to Tenant's ’s position and to the Tenant's ’s rights to a refund of any overpayment. If the dispute shall be determined in Tenant's ’s favor, Landlord shall within five business days after Landlord's receipt of the notice of such determination, forthwith pay Tenant the amount of Tenant's ’s overpayment of additional rent resulting from compliance with such the CPI Comparative Statement. This provision shall survive the expiration or termination of the lease and shall be binding on the successors of each party.

Statements for the Tenant. Prior to On or before April 1, 20011995, and on or before that day in each Subsequent Year, the Landlord will furnish a CPI Comparative Statement to the Tenant. The failure of the Landlord to furnish a CPI Comparative Statement shall be without prejudice to the right of the Landlord to furnish a CPI Comparative Statement at any time in the future. Every CPI Comparative Statement furnished by the Landlord pursuant to this Article shall be conclusive and binding upon the Tenant unless within the later of (i) ninety (90) within thirty days after the receipt of such CPI Comparative Statement, or (ii) ninety (90) days after the Tenant has received a copy of the tax xxxx if the Tenant has requested a copy of the tax xxxx within ninety days after receipt of the Comparative Statement, Statement Tenant shall notify Landlord that it disputes the correctness thereof, specifying the particular respects in which such the CPI Comparative Statement is claimed to be incorrect, and (ii) if such dispute shall not have been settled by agreement, the dispute shall have been submitted to arbitration within ninety days after receipt of the CPI Comparative Statement. Pending the determination of such disputedispute by agreement of arbitration as aforesaid, Tenant shall pay additional rent in accordance with such the CPI Comparative Statement and such payment shall be without prejudice to Tenant's position and to the Tenant's rights to a refund of any overpayment. If the dispute shall be determined in Tenant's favor, Landlord shall within five business days after Landlord's receipt of the notice of such determination, forthwith pay Tenant the amount of Tenant's overpayment of additional rent resulting from compliance with such the CPI Comparative Statement. This provision shall survive the expiration or termination of the lease and shall be binding on the successors of each party.

Statements for the Tenant. Prior to April 1, 2001June 1st in each Subsequent Year after delivery of the Landlord's Notice, and on or before that day in each Subsequent Year, the Landlord will furnish a an Operating Expense Comparative Statement to the Tenant. The failure of the Landlord to furnish a an Operating Expense Comparative Statement shall be without prejudice to the right of the Landlord to furnish a an Operating Expense Comparative Statement at any time in the future. Every Operating Expense Comparative Statement furnished by the Landlord pursuant to this Article shall be conclusive and binding upon Tenant unless within the later of (i) ninety (90) within ten days after the receipt of such Operating Expense Comparative Statement, or (ii) ninety (90) days after the Tenant has received a copy of the tax xxxx if the Tenant has requested a copy of the tax xxxx within ninety days after receipt of the Comparative Statement, Statement Tenant shall notify Landlord that it disputes the correctness thereof, specifying the particular respects in which such Operating Expense Comparative Statement is claimed to be incorrect, and (ii) if such dispute shall not have been settled by agreement, the dispute shall have been submitted to arbitration within ninety days after receipt of such Operating Expense Comparative Statement. Pending the determination of such disputedispute by agreement of arbitration as aforesaid, Tenant shall pay additional rent in accordance with such Operating Expense Comparative Statement and such payment shall be without prejudice to Tenant's position and to the Tenant's rights to a refund of any overpayment. If the dispute shall be determined in Tenant's favor, Landlord shall within five business days after Landlord's receipt of the notice of such determination, forthwith pay Tenant the amount of Tenant's overpayment of additional rent resulting from compliance with such Operating Expense Comparative Statement. This provision shall survive the expiration or termination of the lease and shall be binding on the successors of each party.PLEASE INITIAL Escalator 77-B/82

Statements for the Tenant. Prior to April On or before March 1, 20012000, and on or before that day say in each Subsequent Year, the Landlord will furnish a CPI Comparative Statement to the Tenant. The failure of the Landlord to furnish a CPI Comparative Statement shall be without prejudice to the right of the Landlord to furnish a CPI Comparative Statement at any time in the future. Every CPI Comparative Statement furnished by By the Landlord pursuant to this Article shall be conclusive and binding upon the Tenant unless within the later of (i) within ninety (90) days after the receipt of such CPI Comparative Statement, or (ii) ninety (90) days after the Tenant has received a copy of the tax xxxx if the Tenant has requested a copy of the tax xxxx within ninety days after receipt of the Comparative Statement, Statement Tenant shall notify Landlord that it disputes the correctness thereof, specifying the particular respects in which such the CPI Comparative Statement is claimed to be incorrect, and (ii) if such dispute shall not have been settled by agreement, the dispute shall have been submitted to arbitration within 180 days after receipt of the CPI Comparative Statement. Pending the determination of such disputedispute by agreement of arbitration as aforesaid, Tenant shall pay additional rent in accordance with such the CPI Comparative Statement and such payment shall be without prejudice to Tenant's position and to the Tenant's rights to a refund of any overpayment. If the dispute shall be determined in Tenant's favor, Landlord shall within five business days after Landlord's receipt of the notice of such determination, forthwith pay Tenant the amount of Tenant's overpayment of additional rent resulting from compliance with such the CPI Comparative Statement. This provision shall survive the expiration or termination of the lease and shall be binding on the successors of each party.