Tenant’s Review. Provided that Tenant has timely delivered an Expense Claim to Landlord, Tenant or a certified public accountant engaged by Tenant (“Tenant’s CPA”) shall have the right, at Tenant’s cost and expense, to examine, inspect, and copy the records of Landlord concerning the components of the Operating Expenses(“Landlord’s Records”) for the calendar year in question that are disputed in the Expense Claim (“Tenant’s Review”). Any examination of Landlord’s Records shall take place upon reasonable prior written notice, at the offices of Landlord or Landlord’s property manager, during normal business hours, no later than two hundred forty (240) days after expiration of the Expense Resolution Period. Tenant’s CPA engaged to inspect Landlord’s Records shall be compensated on an hourly basis and shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed. Tenant agrees to keep, and to use commercially reasonable good faith efforts to cause Tenant’s CPA to keep, all information obtained by Tenant or Tenant’s CPA confidential (except to the extent required by Applicable Law or court order), and Landlord may require all persons inspecting Landlord’s Records to sign a confidentiality agreement prior to making Landlord’s Records available to them. In no event shall Tenant be permitted to examine Landlord’s Records or dispute any Annual Statement unless Tenant has paid and continues to pay all Rent (including the amount disputed in the Expense Claim) when due.
Appears in 2 contracts
Samples: Lease Agreement (Silver Spring Networks Inc), Lease Agreement (Silver Spring Networks Inc)
Tenant’s Review. Provided that Tenant has timely delivered an Expense Claim to Landlord, Tenant or a certified public accountant engaged by Tenant (“"Tenant’s 's CPA”") shall have the right, at Tenant’s 's cost and expense, to examine, inspect, and copy the records of Landlord concerning the components of the Operating Expenses(“Landlord’s Expenses("Landlord's Records”") for the calendar year in question that are disputed in the Expense Claim (“"Tenant’s 's Review”"). Any examination of Landlord’s 's Records shall take place upon reasonable prior written notice, at the offices of Landlord or Landlord’s 's property manager, during normal business hours, no later than two hundred forty (240) days after expiration of the Expense Resolution Period. Tenant’s 's CPA engaged to inspect Landlord’s 's Records shall be compensated on an hourly basis and shall be subject to Landlord’s 's prior written approval, which shall not be unreasonably withheld, conditioned or delayed. Tenant agrees to keep, and to use commercially reasonable good faith efforts to cause Tenant’s 's CPA to keep, all information obtained by Tenant or Tenant’s 's CPA confidential (except to the extent required by Applicable Law or court order), and Landlord may require all persons inspecting Landlord’s 's Records to sign a confidentiality agreement prior to making Landlord’s 's Records available to them. In no event shall Tenant be permitted to examine Landlord’s 's Records or dispute any Annual Statement unless Tenant has paid and continues to pay all Rent (including the amount disputed in the Expense Claim) when due.
Appears in 2 contracts
Samples: Lease Agreement (Forescout Technologies, Inc), Lease Agreement (Forescout Technologies, Inc)
Tenant’s Review. Provided that Tenant has timely delivered an Expense Claim to Landlord, Tenant or a certified public accountant engaged by Tenant (“"Tenant’s 's CPA”") shall have the right, at Tenant’s 's cost and expense, to examine, inspect, and copy the records of Landlord concerning the components of the Operating Expenses(“Landlord’s Expenses and/or Real Property Taxes ("Landlord's Records”') for the calendar year in question that are disputed in the Expense Claim (“"Tenant’s 's Review”"). Any examination of Landlord’s 's Records shall take place upon reasonable prior written notice, at the offices of Landlord or Landlord’s 's property manager, during normal business hours, no later than two hundred forty (240) days after expiration of the Expense Resolution Period. Tenant’s 's CPA engaged to inspect Landlord’s 's Records shall be compensated on an hourly basis and shall be subject to Landlord’s 's prior written approval, which shall not be unreasonably withheld, conditioned or delayed. Tenant agrees to keep, and to use commercially reasonable good faith efforts to cause Tenant’s 's CPA to keep, all information obtained by Tenant or Tenant’s 's CPA confidential (except to the extent required by Applicable Law or court order), and Landlord may require all an persons inspecting Landlord’s 's Records to sign a confidentiality agreement prior to making Landlord’s 's Records available to them. In no event shall Tenant be permitted to examine Landlord’s 's Records or dispute any Annual Statement unless Tenant has paid and continues to pay all Rent (including the amount disputed in the Expense Claim) when due.
Appears in 1 contract
Tenant’s Review. Provided that Tenant has timely delivered an Expense Claim to Landlord, Tenant or a certified public accountant engaged by Tenant Txxxxx (“Tenant’s CPA”) (which Tenant’s CPA shall not be engaged on a contingent fee basis) shall have the right, at Tenant’s cost and expense, to examine, inspect, and copy the records of Landlord concerning the components of the Real Property Taxes, Insurance Expenses and Common Area Operating Expenses(“LandlordExpenses (“Landlord’s Records”) for the calendar year in question that are disputed in the Expense Claim (“Tenant’s Review”). Any examination of Landlord’s Records shall take place upon reasonable prior written notice, at the offices of Landlord or Landlord’s property manager, during normal business hours, no later than two hundred forty (240) days after expiration of the Expense Resolution Period. Tenant’s CPA engaged to inspect Landlord’s Records shall be compensated on an hourly basis and shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed. Tenant agrees to keep, and to use commercially reasonable good faith efforts to cause Tenant’s CPA to keep, all information obtained by Tenant or Tenant’s CPA confidential confidential, (except as required under Applicable Laws or disclosure to persons or entities who, because of their involvement with Tenant’s Review, need to know such information; provided, that, such parties shall be informed by Tenant of the extent required confidential nature of such information and shall be directed by Applicable Law or court orderTxxxxx to keep all such information confidential), and Landlord may require all persons inspecting Landlord’s Records records to sign a commercially reasonable confidentiality agreement prior to making Landlord’s Records available to them. In no event shall Tenant be permitted to examine Landlord’s Records or dispute any Annual Statement unless Tenant Txxxxx has paid and continues to pay all Rent (including excluding the amount disputed in the Expense Claim) when due).
Appears in 1 contract
Samples: Office Lease (Zynga Inc)
Tenant’s Review. Provided that Tenant has timely delivered an Expense Claim to Landlord, Tenant or a certified public accountant engaged by Tenant (“Tenant’s CPA”) shall have the right, at Tenant’s cost and expense, to examine, inspect, and copy the records of Landlord concerning the components of the Operating Expenses(“LandlordExpenses and/or Real Property Taxes (“Landlord’s Records”) for the calendar year in question (including the Base Year) that are disputed in the Expense Claim (“Tenant’s Review”). Any examination of Landlord’s Records shall take place upon reasonable prior written notice, at the offices of Landlord or Landlord’s property manager, during normal business hours, no later than two hundred forty (240) days after expiration of the Expense Resolution Period. Tenant’s CPA engaged to inspect Landlord’s Records records shall not be compensated on an hourly basis and shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayeda contingency-fee basis. Tenant agrees to keep, and to use commercially reasonable good faith efforts to cause Tenant’s CPA to keep, all information obtained by Tenant or Tenant’s CPA confidential confidential, (except as required under Applicable Laws or disclosure to persons or entities who, because of their involvement with Tenant’s Review, need to know such information; provided, that, such parties shall be informed by Tenant of the extent required confidential nature of such information and shall be directed by Applicable Law or court orderTenant to keep all such information confidential), and Landlord may require all persons inspecting Landlord’s Records records to sign a commercially reasonable confidentiality agreement prior to making Landlord’s Records available to them. In no event shall Tenant be permitted to examine Landlord’s Records or dispute any Annual Statement unless Tenant has paid and continues to pay all Rent (including the amount disputed in the Expense Claim) when due.
Appears in 1 contract
Samples: Lease Agreement (Eventbrite, Inc.)