Tenant’s Audit. Tenant shall have the right to have Landlord's books and records pertaining to Operating Expenses for each Operating Period reviewed, copied (provided Landlord is reimbursed for the cost of such copies) and audited (“Tenant's Audit”), provided that: (a) such right shall not be exercised more than once during any calendar year; (b) if Tenant elects to conduct Tenant's Audit, Tenant shall provide Landlord with written notice thereof (“Tenant's Audit Notice”) no later than thirty (30) days following Tenant's receipt of the Expense Statement for the year to which Tenant's Audit will apply; (c) Tenant shall have no right to conduct Tenant's Audit if an uncured Default by Tenant exists either at the time of Landlord's receipt of Tenant's Audit Notice or at any time during Tenant's Audit; (d) no subtenant shall have any right to conduct an audit and no assignee shall conduct an audit for any period during which such assignee was not in possession of the Premises; (e) conducting Tenant's Audit shall not relieve Tenant from the obligation to timely pay Base Rent or the Base Rent Adjustment, pending the outcome of such audit; (f) Tenant's right to conduct such audit for any calendar year shall expire thirty (30) days following Tenant's receipt of the Expense Statement for such year, and if Landlord has not received Tenant's Audit Notice within such thirty (30) day period, Tenant shall have waived its right to conduct Tenant's Audit for such calendar year; provided, however, that with respect to any audit of Operating Expenses for the Base Year, Tenant’s right to conduct an audit for such year shall expire the earlier of sixty (60) days following Tenant’s receipt of the Expense Statement for the Base Year or sixty (60) days following Tenant’s receipt of the first Expense Statement forwarded by Landlord to Tenant for any Operating Period during the Term; (g) Tenant's Audit shall be conducted by a Certified Public Accountant whose compensation is not contingent upon the results of Tenant's Audit or the amount of any refund received by Tenant, and who is not employed by or otherwise affiliated with Tenant, except to the extent that such accountant has been engaged by Tenant to conduct Tenant's Audit; (h) Tenant's Audit shall be conducted at Landlord's office where the records of the year in question are maintained by Landlord, during Landlord's normal business hours; (i) Tenant's Audit shall be completed within thirty (30) days after the date of Tenant's Audit Notice, a...
Tenant’s Audit. Tenant shall have the right to have Landlord’s books and records pertaining to Operating Expenses and Taxes for each Operating Period reviewed, copied (provided Landlord is reimbursed for the cost of such copies) and audited (“Tenant’s Audit”), provided that: (a) such right shall not be exercised more than once during any calendar year; (b) if Tenant elects to conduct Tenant’s Audit, Tenant shall provide Landlord with written notice thereof (“Tenant’s Audit Notice”) no later than sixty
Tenant’s Audit. Once during each 12-month period during the term, Tenant may audit Landlord's records of Operating Costs for the current and/or prior Lease Year at the Project during Landlord's normal business hours on at least one week's prior written notice, and at Tenant's cost. Tenant agrees to keep strictly confidential the results of such audit and any claims, negotiations, proceedings or settlements with Landlord in connection therewith or in connection with Operating Costs, and shall cause its Affiliates to comply with the same requirements.
Tenant’s Audit. Landlord shall keep safe and intact at Landlord's principal offices in the United States all of the records, books, accounts and other data relating to Other Charges. Tenant or its designated agent (who shall not be a contingency fee auditor) shall have the right at its own cost and expense to audit and/or inspect Landlord's records, books, accounts and other data relating to Other Charges for any Lease Year, provided such audit is conducted within twenty-four (24) months of the end of such Lease Year. Tenant shall give Landlord not less than ten (10) days' written notice of its intention to conduct any such audit. If, as a result of such audit, it is determined that the amount paid by Tenant for the Lease Years under consideration has been overpaid, Landlord shall promptly rebate to Tenant the overpayment or, at Tenant's election, Tenant may offset the amount of the overpayment against Rent becoming due. If, as a result of such audit, it is determined that the amount paid by Tenant for such type of Other Charges for any Lease Year under consideration has been overpaid by more than three percent (3%), then, in addition to rebating to Tenant the overpayment, Landlord shall also pay the reasonable costs incurred by Tenant for such audit within thirty (30) days of Landlord's receipt of Tenant's demand for the same and copies of all bills or invoices on which such cost is based.
Tenant’s Audit. In the event Tenant elects to perform an audit of Landlord's records, pursuant to Section 3(b) of this Lease, and in the further event said audit discloses a net error in favor of Tenant of five (5%) percent or greater, Landlord shall reimburse to Tenant the reasonable cost of such audit within thirty (30) days after receipt of a copy of such audit disclosing Landlord's error.
Tenant’s Audit. Tenant or its representatives, at Tenant’s cost, shall have the right after seven (7) days prior written notice to Landlord to examine Landlord’s books and records of Operating Costs during normal business hours following the furnishing of the statement to Tenant. Unless Tenant takes written exception to any item within ninety (90) days following the furnishing of the statement to Tenant (which item shall be paid in any event), such statement shall be considered as final and accepted by Tenant. The taking of exception to any item shall not excuse Tenant from the obligation to make timely payment based upon the statement as delivered by Landlord.
