Tenant Audit Rights. Provided that Tenant is not in default beyond the expiration of any applicable notice and cure period, Tenant shall have the right to audit the books, records and computations of Landlord relative to Operating Costs, provided that: (i) Tenant gives Landlord thirty (30) days prior written notice of its intent to audit; (ii) the audit occurs during Landlord’s normal business hours and in Landlord’s principal offices within the metropolitan Boston, Massachusetts, area; (iii) Tenant may audit said books and records once with respect to each calendar year; (iv) Tenant may only conduct the audit of a calendar year’s books and records if Tenant gives Landlord notice of intent to audit within one hundred twenty (120) days after receipt of the final statement for such calendar year; (v) the auditor shall not be compensated on a contingency basis; (vi) Tenant provides Landlord a copy of the auditor’s report; and (vii) the auditor agrees to execute a confidentiality agreement with respect to such audit. Tenant agrees to use reasonable efforts to keep all of the information obtained through said audit, as well as any compromise, settlement, or adjustment reached between Landlord and Tenant relative to the results of the audit, held in strict confidence by Tenant and Tenant’s officers, agents and employees, and Tenant also agrees to use reasonable, good faith efforts to cause such information not to be revealed in any manner to any person (other than Tenant’s accountants, attorneys, officers, agents and employees) except upon the written consent of Landlord, which consent may be withheld in Landlord’s sole discretion, unless such disclosure is required pursuant to any litigation or other dispute resolution between Landlord and Tenant materially related to the facts disclosed by such audit, or otherwise required by law. The right of audit provided in this Section shall not be construed as postponing or delaying any payment of Rent or Additional Rent provided for herein. If a Tenant audit demonstrates that Tenant has overpaid Operating Costs for any calendar year, the amount of any such overpayment shall be applied as a credit against the next succeeding payments of Tenant’s Proportionate Share of Operating Costs payable hereunder until such credit is exhausted. If the term of this Lease shall expire or otherwise be terminated (other than upon an Event of Default) before such credit is so applied, Landlord shall pay to Tenant the remaining balance of such overpayment amo...
Tenant Audit Rights. If any Tenant exercises, before or after Closing, its right under any Lease (or under applicable law with respect to such Lease) to audit the books and records of Seller as landlord for any period of time ending on or prior to the Closing Date, Seller shall, at Seller’s expense, cooperate in the implementation of such audit in accordance with any such audit provision under the Lease with respect to such period. Seller’s obligations under this Section 8.5 shall survive Closing for as long as the Tenants may exercise such rights pursuant to the terms of the Leases.
Tenant Audit Rights. Tenant shall have the right, at its sole cost and expense, to inspect and/or audit Landlord's books and records at Landlord's place of business or such other place Landlord regularly maintains such books and records, within nine (9) months following receipt of the Operating Expense Statement with respect to Operating Expenses. Tenant shall give Landlord not less than seven (7) days prior written notice of its intention to conduct any such audit. In the event Tenant's audit or inspection discloses that Landlord has overstated the Operating Expenses in any year by five percent (5%) or more, then Landlord shall reimburse Tenant promptly upon demand for the reasonable costs incurred by Tenant in connection with the audit or inspection. In addition, with respect to any item of Operating Expenses which are overstated, Tenant shall be entitled to audit the books and records for the prior two years to determine whether such items were also overstated in such prior years.
Tenant Audit Rights. Upon request by T, LL shall make available to T’s accountants for inspection LL’s book and records, for a period of three (3) months after the issuance of a LL’s Statement, solely to the extent necessary to verify the computations set forth in such LL’s Statement. Such books and records shall be made available for inspection by such accountants, upon reasonable prior notice. (Lease, 3.4(d))
Tenant Audit Rights. Tenant shall have the right to examine and audit Landlord's annual statement of Operating Expenses as presented in Landlord's statement. Tenant shall commence its examination and if applicable, its audit within forty five (45) days after receipt of the annual statement, shall perform its examination and audit with diligence and continuity and shall complete its examination and audit within one hundred twenty (120) days after receipt of the annual statement. The cost of any such examination and audit shall be paid by Tenant, except that, if it is determined on the basis of such audit (or if, in accordance with the following provisions, it is otherwise ultimately determined) that the amount of Tenants obligations for Operating Expenses for any calendar year was overstated by more than three percent (3%), then the reasonable cost of the audit shall be paid by Landlord. Landlord shall
Tenant Audit Rights. Tenant shall have the right, at its sole cost and expense, to inspect and/or audit Landlord's books and records at Landlord's place of business or such other place Landlord regularly maintains such books and records (not more than once in any twelve (12) month period), with respect to Operating Expenses, Real Estate Taxes and any and all other additional rent payable by or claimed by Landlord to be payable by Tenant under this Lease. Tenant shall give Landlord not less than seven (7) days prior written notice of its intention to conduct any such audit. If such audit discloses that the amount paid by Tenant for any one or more of the above enumerated items for the Lease Year under consideration has been overstated, then Landlord shall immediately credit to Tenant the amount of overcharge and if the overstatement shall be five (5%) or more, then in addition to immediately rebating to Tenant the overcharge, Landlord shall also pay the reasonable costs incurred by Tenant for such audit.
Tenant Audit Rights. Landlord shall provide Tenant’s designated representative with the right to review on an annual basis documentation, records, reports, and systems in order to confirm that the Building’s primary and secondary electrical, mechanical, fire protection, and life-safety systems have been inspected by appropriate authorities and have been found to be in full compliance with the Lease and any Applicable Laws. Tenant’s review shall verify, among other things, that a full-flow test of all fire pumps and a test of the fire panel have been completed in accordance with Applicable Laws.
Tenant Audit Rights. The Landlord shall keep full and complete records of operating costs for three (3) years following the end of each period. After receipt of statements of operating expenses, Property Taxes or any other amounts considered additional rent, the Tenant (or its designated representative) shall at any time during the succeeding twelve (12) month period (but not more than once) have the right to review the books, records, and calculation of the operating expenses/property taxes charged to the Tenant. Tenant shall (and shall cause its employees, agents and consultants to) keep the results of any such audit or audited statement strictly confidential. In no event shall Tenant engage any agent or consultant to assist in its review if such person is being paid on a contingent fee or any other basis where such person’s fee or compensation, in whole or in part, is determined by any overcharges; provided, however, that the foregoing shall not apply to UGL Equis or any other nationally recognized real estate consulting firm. Tenant shall give 30 days written notice of its intent to review the accounting records and the review and audit report will be completed in a timely manner. If such audit or audited statement shows that the amounts paid by Tenant to Landlord on account of Tenant’s share of operating costs or taxes exceed the amounts to which Landlord is entitled hereunder, Landlord shall credit the amount of such excess toward the next installment of Tenant’s share of operating expenses and taxes due hereunder or, in Tenant’s sole option, refund such amount to Tenant within thirty (30) days following the determination of the overpayment. All costs and expenses of any such audit or audited statement shall be paid by Tenant, unless it is determined that the Landlord’s initial statement was in error in Landlord’s favor by more than five percent (5%), in which case Landlord shall pay the reasonable cost of such audit or review within thirty (30) days of Tenant’s request (but in any event not more than $5,000.00).
Tenant Audit Rights. In the event that a Tenant has the right to inspect and audit the books, records and other documents of Seller as landlord under the Leases which evidence operating expenses or other Additional Rent under the Leases, Seller hereby covenants and agrees that it shall retain such books, records and other documents which will enable Tenants to exercise their audit rights thereunder until the date that is six (6) months after the latest date that Tenants could demand an inspection and/or audit thereof pursuant to their Leases and, upon written request therefor from Purchaser, shall provide both Purchaser and Tenants with reasonable access thereto and otherwise reasonably cooperate with both Purchaser and Tenants with respect to such inspection and/or audit by Tenants. In the event Tenants claim any right to a credit, refund or other reimbursement relating to any period prior to the Closing as a result of such audit, Seller shall indemnify, hold harmless and defend Purchaser from any and all claims and related costs, expenses, and/or liabilities relating thereto or arising therefrom. The provisions of this Section 6.7 shall survive Closing for the period set forth hereinabove.
Tenant Audit Rights
