Tenant Verification. Tenant or its designated certified public accountant shall have the right to inspect, at reasonable times and in a reasonable manner, during the one hundred eighty (180) day period following the delivery of Landlord's statement of the actual amount of the Annual Rental Adjustment, such of Landlord's books of account and records as pertain to and contain information concerning such costs and expenses in order to verify the amounts thereof. Tenant's failure to exercise its rights hereunder within said one hundred eighty (180) day period shall be deemed a waiver of its right to inspect or contest the method, accuracy or amount of the Annual Rental Adjustment. In the event of any undisputed error, Landlord shall make a correcting payment in full to Tenant within thirty (30) days after the determination of the amount of such error. In the event of any errors on the part of Landlord which Landlord agrees were errors in excess of five percent (5%) of Tenant's actual operating expense liability for any calendar year, Landlord will also reimburse Tenant for all costs of an audit reasonably incurred by Tenant within the above thirty (30) day period. If within the period aforesaid, Tenant provides Landlord with its notice disputing the correctness of the statement, and if such dispute shall have not been settled by agreement, Tenant may submit the dispute to a reputable firm of independent certified public accountants selected by Tenant and approved by Landlord, such approval shall not be unreasonably withheld or delayed, and the decision of such accountants shall be conclusive and binding upon the parties. If such accountant decides that there was an error, Landlord will make correcting payment. The fees and expenses involved in such decision shall be borne by the unsuccessful party.
Tenant Verification. If Tenant does not agree with Landlord's determination of Operating Expenses, Tenant shall have the right to inspect such of Landlord's books and records as pertain to the Operating Expenses. Such books and records shall be available to Tenant for inspection, upon prior reasonable written notice to Landlord, during the ninety (90) day period following the delivery of Landlord's statement to Tenant. Such inspection sh~ll take place at Landlord's office located at 5600 Blazer Parkway, Suite 100, Dublin, Ohio. Such inspection of Laxxxxxx'x xxxxx xxx xxxxxxx xxxxx xx xxxxxxxxd only by Tenant or a qualified independent certified public accountant that is not being compensated for its services on a contingency fee basis. If as a result of any audit conducted by Tenant, Landlord and Tenant mutually agree in writing (or Tenant obtains a final unappealable judgment to the effect) that any Landlord's statement of actual Operating Expenses was five percent (5%) or more higher than the actual Operating Expenses as determined by such audit, then Landlord agrees (in addition to refunding any overpayment by Tenant) to reimburse Tenant for the reasonable documented out-of-pocket costs paid by Tenant in connection with such audit. Tenant's failure to exercise its rights hereunder within said ninety (90) day period shall be a waiver of its rights to inspect or contest the method, accuracy or amount of the Annual Rental Adjustment and such Annual Rental Adjustment shall be conclusively deemed to be approved and accepted by Tenant. Pending resolution of any dispute with respect to statements of Tenant's Annual Rental Adjustment, Tenant shall pay its Annual Rental Adjustment as shown on such statement, and upon final determination of the amount of Tenant's Annual Rental Adjustment, Landlord shall promptly refund any overpayment to Tenant or Tenant shall promptly pay any amount due to Landlord, as applicable.
Tenant Verification. Tenant or its accountants shall have the right to inspect, at reasonable times and in a reasonable manner, during the ninety (90) day period following the delivery of Landlord's statement of the actual amount of the Annual Rental Adjustment, such of Landlord's books of account and records as pertain to and contain information concerning such costs and expenses in order to verify the amounts thereof.
Tenant Verification. Tenant or its accountants shall have the right to inspect, at reasonable times and in a reasonable manner, during the ninety (90) day 8 period following the delivery of Landlord's statement of the actual amount of Tenant's Annual Rental Adjustment, such of Landlord's books of account and records as pertain to and contain information concerning the Operating Expenses in order to verify the amounts thereof. In the event that an audit by Tenant reveals an error by Landlord of more than five percent (5%) in the aggregate, Landlord shall reimburse Tenant the reasonable cost of the audit, not to exceed Two Thousand Five Hundred Dollars and 00/100 ($2,500.00).
Tenant Verification. Tenant shall have the right to inspect, upon reasonable notice, at reasonable times and in a reasonable manner, during the ninety (90) day period following the delivery of Landlord's Year-End Statement, such of Landlord's books of account and records as pertain to or contain information concerning the Operating Costs for such year in order to verify the amounts thereof (herein referred to as a "Tenant Audit"). If Tenant fails to specifically identify to Landlord any errors or omissions in the Year-End Statement within such ninety (90) day period, the amounts due to Landlord or to be credited to Tenant, as reflected on the Year-End Statement, shall be conclusively due in the manner set forth in such Year-End Statement. If, within such ninety (90) day period, Tenant specifically identifies to Landlord any errors or omissions in the Year-End Statement, and provides a copy of the Tenant Audit to Landlord to verify such errors or omissions, Landlord shall promptly correct and re-issue the Year-End Statement and the terms of Section 6.4.5 shall apply. If and to the extent that the actual amount of the Annual Rent Adjustment, as determined by the Tenant Audit, is at least five percent (5%) less than the amounts indicated to be due from Tenant on the Landlord's initial Year-End Statement, Landlord shall pay or reimburse Tenant for the costs and expenses associated with obtaining the Tenant Audit. In all other cases, the Tenant shall be responsible for the cost of obtaining the Tenant Audit.
Tenant Verification. In the event Tenant is not satisfied with the statement submitted by Landlord pursuant to Section 3.05 hereof in connection with Reimbursement of Operating Expenses, for a period of thirty (30) days following delivery of such statement, Tenant or its accountant shall have the right to inspect, at reasonable times and in reasonable manner, such of Landlord’s books and records as pertain to and contain information concerning the costs and expenses referred to herein as Landlord’s Operating Expenses in order to verify the amounts thereof. Any such inspection of Landlord’s books and records shall be performed at Tenant’s sole cost and expense.
Tenant Verification. Tenant or its accountants shall have the right to inspect, at reasonable times and in a reasonable manner during the forty-five (45) calendar day period following the delivery of Landlord's statement of Additional Rent, such of Landlord's books of account and records as pertain to and contain information concerning such costs and expenses, in order to verify the amounts thereof. If Tenant shall dispute any item or items included in the determination of Additional Rent for a particular calendar year, and such dispute is not resolved by the parties hereto within forty-five (45) calendar days after the statement for such year was delivered to Tenant, then either party may, within thirty (30) calendar days thereafter, request that a firm of independent certified public accountants selected by Landlord render an opinion as to whether or not the disputed item or items may properly be included in the determination of Additional Rent for such year; and the opinion of such firm on the matter shall be conclusive and binding upon the parties hereto. The fees and expenses incurred in obtaining such an opinion shall be borne by the party adversely affected thereby; and if more than one item is disputed and the opinion adversely affects both parties, the fees and expenses shall be apportioned accordingly. If Tenant shall not dispute any item or items included in the determination of Additional Rent for a particular calendar year within forty-five (45) calendar days after the statement for such year was delivered to it, Tenant shall be deemed to have approved such statement.
Tenant Verification. In the event Tenant is not satisfied with the statement submitted by Landlord pursuant to Section 3.07 hereof in connection with Additional Rent, for a period of thirty (30) days following delivery of such statement, Tenant or its accountant shall have the right to inspect, at reasonable times and in reasonable manner, such of Landlord’s books and records as pertain to and contain information concerning the costs and expenses referred to herein as Landlord’s Operating Expenses in order to verify the amounts thereof. Any such inspection of Landlord’s books and records shall be performed at Tenant’s sole cost and expense. If such an inspection shall show an overpayment by Tenant in connection with its payment of Landlord’s Operating Expenses, the amount of such overpayment shall be promptly paid by Landlord to Tenant, and if such inspection shall show such variable expense adjustment to have been underpaid, then such deficiency shall be promptly paid by Tenant to Landlord. If such audit shall show that Landlord has overstated Landlord’s Operating Expenses for any relevant period by more than seven percent (7%) of the total of Landlord’s Operating Expenses as determined by such audit, then such fees and expenses charged by Tenant’s independent accountant making such audit shall be paid by Landlord.
Tenant Verification. Tenant or its accountants shall have the right to inspect, upon reasonable notice, at reasonable times and in a reasonable manner during the ninety (90) day period following the delivery of Landlord's statement of the actual Annual Operating Expense Adjustment for a calendar year, such of Landlord's books of account and records as pertain to and contain information concerning the Operating Expenses for such year in order to verify the amounts thereof. In the event Tenant identifies errors or omissions in the Landlord's statement of the actual Annual Operating Expense Adjustment for any given calendar year which results in a net credit due to Tenant, Tenant shall receive that credit in the manner provided under Section 3.2(b)(iii) and, to the extent that credit exceeds ten percent (10%) of the Tenant's Annual Operating Expense Adjustment for that calendar year, the cost of Tenant's review shall be paid by Landlord, and Tenant shall be entitled, at its option and expense, to inspect or reinspect the Landlord's statement of the actual Annual Operating Expense Adjustments from prior calendar years during the Lease Term, and any net credit due to Tenant will, likewise, be provided in the manner described in 3.2(b)(iii).
Tenant Verification. Tenant or its accountants after giving Landlord no less than five (5) business days advance written notice shall have the right to inspect and copy, at reasonable times and in a reasonable manner
