Tenant’s Audit Right. Subject to the provisions of this paragraph, Tenant shall have the right, at Tenant's cost and expense, to examine all documentation and calculations prepared in the determination of Operating Expenses Allocable to the Premises and Landlord's Tax Expenses Allocable to the Premises (as defined in Section 2.7 below) (Collectively, the "Total Expenses"):
(1) Such documentation and calculation shall be made available to Tenant at the offices where Landlord keeps such records during normal business hours within a reasonable time after Landlord receives a written request from Tenant to make such examination.
(2) Having previously made such examination in respect of any period for which Landlord has given Tenant a statement of the actual amount of Landlord's Operating Expenses or Landlord's Tax Expenses, Tenant may not thereafter make a subsequent examination of Landlord's Operating Expenses or Landlord's Tax Expenses, as the case may be, for that same period.
(3) Any request for examination in respect of any calendar year may be made no more than one (1) year after Landlord advises Tenant of the actual amount of Landlord's Operating Expenses or Landlord's Tax Expenses, as the case may be, in respect of such calendar year or fiscal year and provides to Tenant the applicable year-end statement required under Section 2.6 or Section 2.7.
(4) Such examination may be made only by Tenant's employees, internal accounting department, outside accountants or other professional auditing company, provided any such outside accountants and/or auditing company are not being paid by Tenant on a contingent fee basis.
(5) As a condition to performing any such examination, Tenant and its examiners shall be required to execute and deliver to Landlord an agreement, in form attached hereto as Exhibit K, agreeing to keep confidential any information which it discovers about Landlord or the Buildings in connection with such examination; provided, however, that Tenant may disclose such information (i) to Tenant's employees, counsel and advisors who have the need to know such information in order to provide Tenant with advice in connection with such audit, (ii) actual or proposed successors, assigns, subtenants, lenders or purchasers of Tenant and (iii) to the extent required by applicable law or reporting requirements or by administrative, governmental or judicial proceeding.
(6) If, after the audit by Tenant of Landlord's books and records pursuant to this Section 2.6.1 with respect to ...
Tenant’s Audit Right. Tenant shall have the right to audit the current year’s expense statement issued by or on behalf of Landlord by written notice given to Landlord within 60 days after receipt of that statement. Such audit shall be conducted in the offices of Landlord’s property manager at the cost of Tenant. Tenant shall keep all of the information disclosed in the course of such audit confidential, and shall require all of its consultants to agree in writing directed to Landlord to keep all such information confidential. Tenant agrees that such audits shall not be permitted to be conducted on a contingency fee basis.
Tenant’s Audit Right. Subject to the provisions of this Section 7.6 and provided that no Event of Default of Tenant exists, Tenant shall have the right to examine the correctness of any of the Landlord’s Tax Expenses statement (“Tax Expense Statement”) and/or Landlord’s Operating Expense Statement or any item contained therein:
(1) Any request for examination in respect of any Tax Year or Operating Year (as hereinafter defined) may be made by notice from Tenant to Landlord no more than one hundred twenty (120) days after the date (the “Statement Date”) Landlord provides to Tenant the applicable year-end statement required hereunder in respect of such Operating Year or such Tax Year, as applicable (and only if Tenant shall have fully paid the amounts billed with respect to the applicable Operating Expenses, Taxes). Such notice shall set forth in reasonable detail the matters questioned. “Operating Year” shall mean a period of twelve (12) consecutive calendar months, commencing on the first day of January in each year, except that the first Operating Year of the Lease Term hereof shall be the period commencing on the Commencement Date and ending on the succeeding December 31, and the last Lease Year of the Lease Term hereof shall be the period commencing on January 1 of the calendar year in which the Lease Term ends, and ending with the date on which the Lease Term ends.
Tenant’s Audit Right. Tenant shall continue to have the right to audit Landlord’s books and records with respect to the Expansion Space on the terms and conditions set forth in Section 3.4(e) of the Lease, except that (i) reference to “seven percent (7%)” in the tenth (10th) line from the bottom of such Section shall be deleted and replaced with “five percent (5%)” and (ii) effective as of the date hereof, Landlord shall maintain its books and records for two (2) years following the expiration or earlier termination of the Lease.
Tenant’s Audit Right. Landlord agrees to provide to Tenant, within sixty (60) days after written notice ("Tenant's Audit Notice") from Tenant to Landlord, an audit (the "Audit") of Shopping Center Operating Expense prepared and certified to by an independent accounting firm selected by Landlord. Tenant's Audit Notice shall be given, if at all, only within one hundred twenty (120) days after Tenant receives the annual reconciliation of Shopping Center Operating Expense pursuant to the provisions of Article VIII, Section 8.
Tenant’s Audit Right. Upon written notice to Landlord delivered within forty-five (45) days following the furnishing of the Statement, Tenant shall have the right to have Landlord’s records with respect to Real Estate Taxes, Utilities, and Operating Expenses audited by an accountant of Tenant’s choice. Tenant shall pay the cost of such audit, unless such audit determines that Tenant was overbilled for Real Estate Taxes, Utilities, or Operating Expenses by more than four percent (4%). Pending resolution of any such exceptions in the foregoing manner, Tenant shall continue paying Tenant’s Pro Rata Share of Real Estate Taxes and Operating Expenses in the amounts determined by Landlord, subject to adjustment after any such exceptions are so resolved. Any specific matter that has formed the subject of an audit hereunder shall not be subject to re-audit at any subsequent time.
Tenant’s Audit Right. In the event that the Auditor finds an error in Landlord's statement of Operating Expenses, Tenant and/or Landlord shall have the right to require the Auditor by notice to the Auditor and the other party within sixty (60) days after receipt of the Auditor's notice of error, to review Landlord's books and records relating to Operating Expenses for preceding years for the purpose of determining whether the same error resulted in an overcharge or undercharge to Tenant with respect to the same or substantially similar line items in such preceding years, and if so, any undercharge shall be paid by Tenant within thirty (30) after notice from the Auditor of such undercharge or, any overcharge to Tenant shall be adjusted by a credit in the amount of such overpayment against Tenant's next required payment of Rent, or in the event that the Term has expired or terminated, by payment to Tenant within thirty day after notice to Landlord of any such overpayment. The provisions of this Section 4.06 shall survive the expiration or earlier termination of this Lease.
Tenant’s Audit Right. Tenant shall have the right to audit the current fiscal year's expense statement issued by or on behalf of Landlord by written notice given to Landlord within 60 days after receipt of that statement. Such audit shall be conducted in the offices of Landlord's property manager at the cost of Tenant. Tenant shall pay to the property manager its standard hourly rates for the time spent by the property manager's principals and employees in connection with Tenant's audit. Tenant shall keep all of the information disclosed in the course of such audit confidential (provided that it may be disclosed to its attorneys and financial advisors), and shall require all of its consultants to agree in writing directed to the Landlord to keep all such information confidential. Tenant agrees that such audits shall not be permitted to be conducted on a contingency fee basis. Should such audit uncover either an overage or a shortage of expenses charged to the Tenant greater than 3% for the year's period being audited, the correcting amount shall be paid to the counterparty within 30 days thereafter.
Tenant’s Audit Right. (1) In the event Tenant desires to review or audit any annual statement of actual Operating Expenses and/or Taxes, Tenant shall notify Landlord in writing within one hundred eighty (180) days of receiving such statement (failing which, such statement shall be deemed conclusive). Not earlier than twenty (20) days, nor later than one hundred twenty (120) days after such notice is delivered to Landlord, Tenant shall have the right to inspect and review, or to cause an independent, certified public accountant employed by Tenant to inspect and audit Landlord's books and records relating to the calendar year to which the statement relates, at the Washington, D.
Tenant’s Audit Right. In connection with Section 6.4 of the Lease entitled “Right to Audit Operating Expense Rental Reconciliation,” Tenant shall have no right to pursue an audit of Landlord’s books and records if Tenant is then in material default under the Lease, as amended, excluding Tenant’s payment of any disputed amounts, or if Tenant has not paid all amounts required to be paid under the applicable reconciliation statement. Tenant agrees that Section 6.4 of the Lease, as amended hereby, shall be the sole method to be used by Tenant to dispute the amount of Operating Expenses payable or not payable by Tenant pursuant to the terms of the Lease, as amended, and Tenant hereby waives any other rights at law or in equity relating thereto.
