Common use of Tenant's Review of Landlord's Books and Records Clause in Contracts

Tenant's Review of Landlord's Books and Records. So long as Tenant is not then in default of any term or condition of this Lease beyond any applicable notice and cure period, Tenant shall have the right to conduct a Tenant’s Review, as hereinafter defined, at Tenant’s sole cost and expense (including, without limitation, photocopy and delivery charges), upon thirty (30) days’ prior written notice to Landlord. “Tenant’s Review” shall mean a review of Landlord’s books and records relating to (and only relating to) Operating Expenses payable by Tenant hereunder for the most recently completed calendar year as reflected on the Final Statement. Tenant’s Review must be performed by either an employee of Tenant or by a Certified Public Accountant (“CPA”) reasonably satisfactory to Landlord. Tenant must elect to perform a Tenant’s Review by written notice of such election received by Landlord within one hundred eighty (180) days following delivery to Tenant of the Final Statement for the most recently completed calendar year. In the event that Tenant fails to make such election in the required time and manner required or fails to diligently perform such Tenant’s Review to completion, then Landlord’s calculation of Operating Expenses shall be final and binding on Tenant. Tenant hereby acknowledges and agrees that even if it has elected to conduct a Tenant’s Review, Tenant shall nonetheless pay all Operating Expense payments to Landlord, subject to readjustment. Tenant further acknowledges that Landlord’s books and records relating to the Building may not be copied in any manner, are confidential, and may only be reviewed at a location reasonably designated by Landlord; but Landlord will make such records available within the metropolitan area in which the Premises is located. Tenant shall provide to Landlord a copy of Tenant’s Review as soon as reasonably possible after the date of such Review. If Tenant’s Review reflects a reimbursement owing to Tenant by Landlord, and if Landlord disagrees with Tenant’s Review, then Tenant and Landlord shall jointly appoint an auditor to conduct a review (“Independent Review”), which Independent Review shall be deemed binding and conclusive on both Landlord and Tenant. If the Independent Review results in a reimbursement owing to Tenant equal to five percent (5%) or more of the amounts reflected in the Final Statement, the costs of the Independent Review shall be paid by Landlord, but otherwise Tenant shall pay the costs of Tenant’s Review and the Independent Review. Under no circumstances shall Tenant conduct a review of Landlord’s books and records whereby the auditor operates on a contingency fee or similar payment arrangement. Any such reviewer must sign a commercially reasonable non-disclosure, non-solicitation, and confidentiality agreement. Tenant agrees to use reasonable efforts to keep the results of its audit confidential, except for such disclosures to Tenant’s agents, employees, attorneys, accountants, financial advisors, officers, directors, members and contractors, and except for such disclosures as may be required by law, compelled by judicial process or which may be necessary to enforce the terms and provisions of this Lease.

Tenant's Review of Landlord's Books and Records. So long as Tenant is not then in default of any term or condition of this Lease beyond any applicable notice and cure period, Tenant shall have the right to conduct a Tenant’s 's Review, as hereinafter defined, at Tenant’s 's sole cost and expense (including, without limitation, photocopy and delivery charges), upon thirty (30) days’ prior written notice to Landlord. “Tenant’s Review” shall mean a review of Landlord’s books and records relating to (and only relating to) Operating Expenses payable by Tenant hereunder for the most recently completed calendar year Expense Comparative Year as reflected on the Final Statement. Notwithstanding the foregoing to the contrary, Tenant shall have the right to examine the Landlord’s books and records relating to (and only relating to) Operating Expenses with respect to the Expense Base Year simultaneously with Tenant’s first (1st) examination of the books and records with respect to the first four (4) Expense Comparative Years (provided that Tenant timely and properly elects to review such books and records pursuant to the terms hereof) and Tenant shall thereafter have no further right to review such books and records applicable to the Expense Base Year. For purposes of clarification, Tenant’s right to review such books and records for the Expense Base Year shall be on one occasion only. Tenant’s Review must be performed by either an employee of Tenant or by a Certified Public Accountant (“CPA”) reasonably satisfactory to Landlord. Tenant must elect to perform a Tenant’s Review by written notice of such election received by Landlord within one two hundred eighty seventy (180270) days following delivery to Tenant of the Final Statement for the most recently completed calendar yearExpense Comparative Year. In the event that Tenant fails to make such election in the required time and manner required or fails to diligently perform such Tenant’s 's Review to completion, then Landlord’s 's calculation of Operating Expenses shall be final and binding on Tenant. Tenant hereby acknowledges and agrees that even if it has elected to conduct a Tenant’s 's Review, Tenant shall nonetheless pay all Operating Expense Adjustment payments to Landlord, subject to readjustment. Tenant further acknowledges that Landlord’s 's books and records relating to the Building Office Unit may not be copied in any manner, are confidential, and may only be reviewed at a location reasonably designated by Landlord; but Landlord will make such records available within the metropolitan area in which the Premises is located. Tenant shall provide to Landlord a copy of Tenant’s 's Review as soon as reasonably possible after the date of such Review. If Tenant’s 's Review reflects a reimbursement owing to Tenant by Landlord, and if Landlord disagrees with Tenant’s 's Review, then Tenant and Landlord shall jointly appoint an auditor to conduct a review (“Independent Review”), which Independent Review shall be deemed binding and conclusive on both Landlord and Tenant. If the Independent Review results finally determines that the total Operating Expenses as set forth in a reimbursement owing to Tenant equal to the applicable Final Statement for the Expense Comparative Year applicable thereto were overstated by five percent (5%) or more of the amounts reflected in the Final Statementmore, the costs of the Tenant’s Review and the Independent Review shall be paid by Landlord, but otherwise Tenant shall pay the costs of Tenant’s 's Review and the Independent Review. Under no circumstances shall Tenant conduct a review of Landlord’s 's books and records whereby the auditor operates on a contingency fee or similar payment arrangement. Any such reviewer must sign a commercially reasonable non-disclosure, non-solicitation, and confidentiality agreement. Tenant agrees to use reasonable efforts to keep the results of its audit confidential, except for such disclosures to Tenant’s agents, employees, attorneys, accountants, financial advisors, officers, directors, members and contractors, and except for such disclosures as may be required by law, compelled by judicial process or which may be necessary to enforce the terms and provisions of this Lease.

Tenant's Review of Landlord's Books and Records. So long as Tenant is not then in default of any term or condition of this Lease beyond any applicable notice and cure period, Tenant shall have ----------------------------------------------- the right to conduct a Tenant’s 's Review, as hereinafter defined, at Tenant’s 's sole cost and expense (including, without limitation, photocopy and delivery charges)expense, upon thirty (30) days’ ' prior written notice to Landlord. “"Tenant’s 's Review” " shall mean a review of Landlord’s 's books and records relating to (and only relating to) the Taxes and Operating Expenses payable by Tenant hereunder for the most recently completed calendar year (as reflected on the Landlord's Final Adjustment Statement. Tenant’s Review must be performed by either an employee of Tenant or ) by a Certified Public Accountant (“"CPA”") reasonably satisfactory to Landlord. Tenant Tenant's Review must elect to perform a Tenant’s Review by written notice of such election received by Landlord be completed within one hundred eighty sixty (18060) days following delivery to Tenant Tenant's receipt of the Landlord's Final Adjustment Statement for the most recently completed calendar year. In the event that Tenant fails to make complete Tenant's Review of Operating Expenses and Taxes for the previous calendar year within such election in the required time and manner required or fails to diligently perform such Tenant’s Review to completionsixty (60) day period, then Landlord’s 's calculation of Operating Expenses and Taxes shall be final and binding on Tenant. Tenant hereby acknowledges and agrees that even if it has elected to conduct a Tenant’s 's Review, Tenant shall nonetheless pay all Operating Expense Adjustments and payments to Landlord, subject to readjustment. Tenant further acknowledges that Landlord’s 's books and records relating to the Building may not be copied in any manner, are confidential, located at the Building and may Landlord is only be reviewed obligated to make such books and records available to Tenant at a location reasonably designated by Landlord; but Landlord will make such records available within the metropolitan area in which the Premises is locatedDenver area. Tenant shall provide to Landlord a copy of Tenant’s 's Review as soon as reasonably possible after the date of such Review. If Tenant’s 's Review reflects a reimbursement owing to Tenant by Landlord, and if Landlord disagrees with Tenant’s 's Review, then Tenant and Landlord shall jointly appoint an auditor a CPA to conduct a review (“"Independent Review”"), which Independent Review shall be deemed binding and conclusive on both Landlord and Tenant. If the Independent Review results in a reimbursement owing to Tenant equal to five percent (5%) or more of the amounts reflected in the Final Adjustment Statement, the costs of the Independent Review shall be paid by Landlord, but otherwise Tenant shall pay the costs of Tenant’s Review and the Independent Review. Under no circumstances shall Tenant conduct a review of Landlord’s 's books and records whereby the auditor operates on a contingency fee or similar payment arrangement. Any such reviewer must sign a commercially reasonable non-disclosure, non-solicitation, and confidentiality agreement. Tenant agrees to use reasonable efforts to keep the results of its audit confidential, except for such disclosures to Tenant’s agents, employees, attorneys, accountants, financial advisors, officers, directors, members and contractors, and except for such disclosures as may be required by law, compelled by judicial process or which may be necessary to enforce the terms and provisions of this Lease.

Tenant's Review of Landlord's Books and Records. So long as Tenant is not then in default of any term or condition of this Lease beyond any applicable notice and cure period, Tenant shall have the right to conduct a Tenant’s Review, as hereinafter defined, at Tenant’s sole cost and expense (including, without limitation, photocopy and delivery charges), upon thirty (30) days’ prior written notice to Landlord. “Tenant’s Review” shall mean a review of Landlord’s 's books and records relating to (and only relating to) Operating Expenses and Taxes payable by Tenant hereunder for the most recently completed calendar year as reflected on the Final Statement; provided, however, Tenant shall have the right to review said books and records relating to the Base Year for two (2) calendar years after Tenant’s receipt of a Statement therefor. Tenant’s Review must be performed by either an employee of Tenant or by a Certified Public Accountant (“CPA”) reasonably satisfactory to Landlord). Tenant must elect to perform a Tenant’s Review by written notice of such election received by Landlord within one hundred eighty twenty (180120) days following delivery to Tenant Tenant’s receipt of the Final Statement for the most recently completed calendar year. In the event that Tenant fails to make such election in the required time and manner required or fails to diligently perform such Tenant’s Review to completionrequired, then Landlord’s 's calculation of Operating Expenses shall be final and binding on Tenant. Tenant hereby acknowledges and agrees that even if it has elected to conduct a Tenant’s Review, Tenant shall nonetheless pay all Operating Expense payments to Landlord, subject to readjustment. Tenant further acknowledges that Landlord’s books and records relating to the Building may not be copied in any manner, are confidential, and may only be reviewed at a location reasonably designated by Landlord; but Landlord will make such records available within the metropolitan area in which the Premises is located. Tenant shall provide to Landlord a copy of Tenant’s Review as soon as reasonably possible after the date of such Review. If Tenant’s Review reflects a reimbursement owing to Tenant by Landlord, and if Landlord disagrees with Tenant’s Review, then Tenant and Landlord shall jointly appoint an auditor to conduct a review (“Independent Review”), which Independent Review shall be deemed binding and conclusive on both Landlord and Tenant. If Tenant’s Review (which Landlord does not disagree with) or the Independent Review results in a reimbursement owing to Tenant equal to five percent (5%) or more of the amounts reflected in the Final Statement, the costs of the Tenant’s Review and, if appliable, the Independent Review shall be paid by Landlord, but otherwise Tenant shall pay the costs of Tenant’s Review and the Independent Review. Under no circumstances shall Tenant conduct a review of Landlord’s books and records whereby the auditor operates on a contingency fee or similar payment arrangement. Any such reviewer must sign a commercially reasonable non-non- disclosure, non-solicitation, and confidentiality agreement. Tenant agrees to use reasonable efforts to keep the results of its audit confidential, except for such disclosures to Tenant’s agents, employees, attorneys, accountants, financial advisors, officers, directors, members and contractors, and except for such disclosures as may be required by law, compelled by judicial process or which may be necessary to enforce the terms and provisions of this Lease.