Tenant Examination. Any objections by Tenant to the Operating Statement shall be made in writing given to Landlord within 60 days after the Operating Statement is submitted to Tenant. If no objections are made within such time period, the Operating Statement shall be conclusive and binding on Tenant. If Tenant makes any such objection within the time period required by this Section 4.4, Tenant shall have the right to inspect, at Tenant’s sole cost and expense, Landlord’s records pertaining to the computation of Operating Expenses and Taxes, so long as the following provisions are complied with: (a) Tenant shall perform such inspection within 75 days following the receipt of the Operating Statement pertaining to the year in question, (b) Tenant shall provide to Landlord a copy of the inspection report, (c) Tenant shall keep the report confidential and shall not share the contents, results, or the fact that Tenant is investigating the Operating Expenses or the Taxes, or adjustments with any other person, except for its advisors on a need-to-know basis, and (d) Tenant shall pay to Landlord within ten (10) days following its inspection any amount determined to be owing by Tenant. Tenant’s inspection may only be conducted by Tenant’s employees, advisors or by Tenant’s certified public accountant paid on an hourly basis (and not a contingent fee basis). Landlord agrees to pay Tenant any amount determined to be owing to Tenant within ten (10) days following Landlord’s receipt of the inspection report or, if Landlord does not agree with Tenant’s inspection report, as determined by an independent certified public accountant within ten (10) days following the date on which a report by such independent certified public accountant is given to Landlord and Tenant. Such independent certified public accountant shall be selected by Landlord and approved in advance by Tenant, which approval shall not be unreasonably withheld.
Tenant Examination. Tenant has examined and knows the current condition of the 50 VSP Space, the zoning, streets, sidewalks, parking areas, curbs and access ways adjoining it, visible easements, any surface conditions and the present uses, and Tenant accepts them in the condition in which they now are, without relying on any representation, covenant or warranty by Landlord.
Tenant Examination. In addition, Tenant may, upon at least five days advance written notice to Landlord and during business hours, may examine any invoices, receipts, canceled checks, vouchers or other instruments used to support the figures shown on the Operating Statement; provided, however, that Tenant shall only be entitled to such an examination once in each Operating Year, and the examination shall not be conducted by anyone who is engaged on a contingent fee basis to represent Tenant or who is a competitor of Landlord. Property managers and commercial building owners shall be deemed competitors of Landlord. The person conducting the examination on behalf of Tenant shall enter into a confidentiality agreement reasonably satisfactory to Landlord. In the event the examination discovers an overcharge in excess of five percent (5%) of the Operating Expense payments during the Operating Year covered by the examination, Landlord shall reimburse Tenant for the actual out-of-pocket costs reasonably incurred by Tenant due to the examination together with the amount of the overcharge. In the event the examination fails to discover an overcharge in excess of five percent (5%) of the Operating Expense payments during the Operating Year covered by the examination, Tenant shall reimburse Landlord for the actual costs incurred by Landlord due to the examination.
Tenant Examination. The Operating Statement referred to herein shall be audited by an independent certified accountant of Landlord’s choosing (which audit costs shall be treated as Landlord’s Operating Expenses) and shall be prepared in accordance with generally accepted accounting principles, consistently applied and shall contain sufficient detail to enable Tenant or its agents to verify the calculation. Tenant shall have the right to audit Landlord's books and records with respect to the preparation of the Operating Statement. Upon at least ten (10) days’ advance written notice to Landlord and during business hours, Tenant may examine and copy any invoices, receipts, canceled checks, vouchers or other instruments used to support the figures shown on the Operating Statement. Tenant shall use reasonable efforts to complete such examination in a manner that will minimize the disruption to the Landlord’s business caused by the examination. If such audit reveals that Tenant overpaid Landlord by more than three percent (3%), Landlord shall reimburse Tenant for the cost of Tenant's audit, including its accountant and legal fees associated therewith, and immediately refund the overpayment to Tenant. Tenant’s monthly payment of increases in Landlord’s Operating Expenses in accordance with Section 5.3 shall not waive Tenant’s right to examine and dispute the correctness of the Operating Statement provided pursuant to Section 5.4. Each such Operating Statement given by Landlord pursuant to Section 5.4 shall be conclusive and binding upon Tenant and Landlord unless within one hundred twenty (120) days after the receipt of such Operating Statement, Tenant notifies Landlord that it disputes the correctness of the Operating Statement, specifying the particular respects in which the Operating Statement is claimed to be incorrect.
Tenant Examination. The Operating Statement referred to herein ------------------ need not be audited but shall contain sufficient detail to enable Tenant to verify the calculation of its Percentage. In addition, Tenant, upon at least five days advance written notice to Landlord and during business hours, may examine any invoices, receipts, canceled checks, vouchers or other instruments used to support the figures shown on the Operating Statement, provided however, that Tenant shall only be entitled to such an examination once in each Operating Year, and the examination shall not be conducted by anyone who is engaged on a contingent fee basis to represent Tenant or who is a competitor of Landlord. Tenant shall also have the one time right to examine the Base Year at any time during the second lease year upon at least five days advance written notice to Landlord. Property managers and commercial building owners shall be deemed competitors of Landlord. The person conducting the examination on behalf of Tenant shall enter into a confidentiality agreement satisfactory to Landlord. In the event the examination fails to discover a valid overcharge in excess of 5% of the Operating Expense payments during the Operating Year covered by the examination, Tenant shall reimburse Landlord for the reasonable costs incurred by Landlord due to the examination. In the event the examination discloses an over charge in excess of five percent (5%), Landlord shall promptly refund such over charge and shall pay to Tenant all reasonable costs incurred for the examination.
Tenant Examination. Tenant may during business hours, upon at least five (5) days’ advance written notice to Landlord, examine any invoices, receipts, canceled checks, vouchers or other instruments used to support the figures shown on the statement; provided, however, that Tenant shall only be entitled to such an examination once in each Operating Year. Tenant must provide Landlord with written notice of its intent to conduct an examination within sixty (60) days after receipt of such statement. The examination must be conducted within one hundred twenty (120) days after receipt of such statement, and the examination shall not be conducted by anyone who is engaged on a contingent fee basis to represent Tenant or who is a competitor of Landlord. Property managers and commercial building owners shall be deemed competitors of Landlord. The person conducting the examination on behalf of Tenant shall enter into a confidentiality agreement reasonably satisfactory to Landlord. In the event the examination discovers an overcharge in excess of five percent (5%) of the Operating Expense payments during the Operating Year covered by the examination, Landlord shall reimburse Tenant for the actual out-of-pocket costs reasonably incurred by Tenant due to the examination. In the event the examination fails to discover an overcharge in excess of five percent (5%) of the Operating Expense payments during the Operating Year covered by the examination, Tenant shall reimburse Landlord for the actual costs reasonably incurred by Landlord due to the examination.
Tenant Examination. Tenant has examined and knows the current condition of the Premises, the zoning, streets, sidewalks, parking areas, curbs and access ways adjoining it, visible easements, any surface conditions and the present uses, and Tenant accepts them in the condition in which they now are, without relying on any representation, covenant or warranty by Landlord. Landlord Notice of Job Meetings. Landlord shall notify Tenant of job meetings for the construction of the Tenant Improvements, and Tenant shall have the right to attend and participate in such meetings in order to monitor the status of the work and compliance with the Tenant Construction Documents.
Tenant Examination. The Operating Statement referred to herein need ------------------ not be audited but shall contain sufficient detail to enable Tenant to verify the calculation of its pro rata share. In addition, Tenant, upon at least five days advance written notice to Landlord and during business hours, may examine any invoices, receipts, canceled checks, vouchers or other instruments used to support the figures shown on the Operating Statement, provided, however, that Tenant shall only be entitled to such an examination once in each Operating Year.
Tenant Examination. 10 5.6 Disputes...................................................................... 10 5.7 Payment....................................................................... 11
Tenant Examination. Tenant represents that it has thoroughly ------------------ examined the Initial Demised Premises as of the date of this Lease first stated and is aware of and accepts the existing condition of each.
