Tenant’s Right to Audit. Subject to the provisions of this Section and provided that no Event of Default of Tenant exists, Tenant shall have the right to examine the correctness of the Statement or any item contained therein:
4.7.1 Any request for examination in respect of any Expense Year may be made by notice from Tenant to Landlord no more than sixty (60) days after the date (the “Statement Date”) Landlord provides Tenant the Statement in respect of such Expense Year and only if Tenant shall have fully paid such amount. Such notice shall set forth in reasonable detail the matters questioned. Any examination must be completed and the results communicated to Landlord no more than one hundred eighty (180) days after the Statement Date.
4.7.2 Tenant hereby acknowledges and agrees that Tenant’s sole right to contest the Statement shall be as expressly set forth in this Section. Tenant hereby waives any and all other rights pursuant to Applicable Law to inspect Landlord’s books and records and/or to contest the Statement. If Tenant shall fail to timely exercise Tenant’s right to inspect Landlord’s books and records as provided in this Section, or if Tenant shall fail to timely communicate to Landlord the results of Tenant’s examination as provided in this Section, with respect to any Expense Year Landlord’s Statement shall be conclusive and binding on Tenant.
4.7.3 So much of Landlord’s books and records pertaining to the Operating Expenses for the specific matters questioned by Tenant for the Expense Year included in the Statement shall be made available to Tenant within a reasonable time after Landlord timely receives the notice from Tenant to make such examination pursuant to this Section, either electronically or during normal business hours at the offices where Landlord keeps such books and records or at another location, as determined by Landlord.
4.7.4 Tenant shall have the right to make such examination no more than once in respect of any Expense Year in which Landlord has given Tenant a Statement.
4.7.5 Such examination may be made only by a qualified employee of Tenant or a qualified independent certified public accounting firm approved by Landlord. No examination shall be conducted by an examiner who is to be compensated, in whole or in part, on a contingent fee basis.
4.7.6 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 acceptable to Landlord, agreeing to keep confident...
Tenant’s Right to Audit. Within ninety (90) days after receipt of Landlord’s statement setting forth actual Operating Expenses (the “Statement”), Tenant shall have the right to audit at Landlord’s local offices, at Tenant’s expense, Landlord’s accounts and records relating to Operating Expenses. Such audit shall be conducted by a certified public accountant. If such audit reveals that Landlord has overcharged Tenant, the amount overcharged shall be paid to Tenant within thirty (30) days after the audit is concluded. If such audit reveals that Landlord has undercharged Tenant, the amount of undercharge shall be paid by Tenant to Landlord within 30 days after the audit is concluded. In addition, if the Statement exceeds the Operating Expenses which should have been charged to Tenant by more than five percent (5%), the cost of the audit shall be paid by Landlord. Tenant may not withhold any payment due as set forth in this Lease pending completion of the audit.
Tenant’s Right to Audit. Each statement provided by Landlord pursuant to this Section 3.2 shall be conclusive and binding upon Tenant unless fifteen (15) days after receipt of the statement, Tenant shall notify Landlord that it disputes the correctness of the statement, specifying the respects in which the statement is claimed to be incorrect. If Landlord and Tenant are unable to resolve the dispute, Tenant shall then have the right to request that Landlord provide, at Tenant’s expense, an audit of its books and records relating to the statement. Pending determination of the dispute, Tenant shall pay within ten (10) days from notice any amounts due from Tenant in accordance with the statement, but such payment shall be without prejudice to Tenant’s position. If the dispute shall be resolved in Landlord’s favor, Tenant shall pay to Landlord upon demand all other costs and expenses incurred by Landlord in connection therewith.
Tenant’s Right to Audit. Within ninety (90) days after receipt of Landlord’s statement setting forth actual Operating Expenses (the “Statement”), Tenant shall have the right to audit at Landlord’s local offices, at Tenant’s expense, Landlord’s accounts and records relating to Operating Expenses. Such audit shall be conducted by a certified public accountant approved by Landlord, which approval shall not be unreasonably withheld, or by Tenant’s independent lease administration consultants who shall not be compensated on a contingency or percentage basis. If such audit reveals that Landlord has overcharged Tenant, the amount overcharged shall be paid to Tenant within thirty (30) days after the audit is concluded. If such audit reveals that Landlord has undercharged Tenant, the amount of undercharge shall be paid by Tenant to Landlord within 30 days after the audit is conducted. In addition, if the Operating Expenses included in the Statement exceed the actual Operating Expenses which should have been charged to Tenant by more than five percent (5%), the cost of the audit shall be paid by Landlord. Tenant may not withhold any payment due as set forth in this Lease pending completion of the audit.
Tenant’s Right to Audit. For a period of ninety (90) days following Tenant’s receipt of Landlord’s Annual Statement, Tenant shall have the right to have an independent public accounting firm, hired by Tenant on an hourly basis and not on a contingent-fee basis, audit, inspect and copy the books and records of Landlord with respect to any Taxes and Operating Expenses passed through to Tenant as reflected in such Annual Statement, upon ten (10) business days advanced written notice by Tenant to Landlord. Landlord shall reasonably cooperate with Tenant by providing Tenant reasonable access to its books and records during normal business hours, at Landlord's offices, for this purpose. If the results of the audit show any overcharge to Tenant, Landlord shall credit or refund to Tenant any overage of such items as discovered by the audit within thirty (30) days of completion of such audit. In addition, if the results of the audit show an overcharge to Tenant of more than ten percent (10%) of the actual amount owed by Tenant, then, as Tenant’s sole and exclusive remedy for such overcharge to Tenant, Landlord shall pay the reasonable costs of such audit within thirty (30) days of completion of such audit and receipt of reasonable documentation from Tenant evidencing the cost of such audit. In the event such audit discloses an undercharge of such items as billed to Tenant, Tenant shall pay Landlord the amount of such undercharge within thirty (30) days of completion of such audit and Tenant shall bear the cost of such audit. Tenant shall be solely responsible for the cost of the any such audit in all other events.
Tenant’s Right to Audit. Provided Tenant is not in default under any provision of this Lease after notice and expiration of the applicable cure period, if any, provided for in Article 16, within twelve (12) months after the receipt by Tenant of the annual statement with respect to any item of Additional Rent for a calendar year, or tax year, if applicable with respect to taxes, Tenant may, upon no less than thirty (30) days' prior written notice to Landlord, audit Landlord's books pertaining to such Additional Rent payable by Tenant pursuant to Articles 5, 6, and 7 for such calendar year or tax year, as the case may be. Tenant's audit shall be performed by a certified public accountant who is retained strictly on a non-contingency basis. The audit shall be conducted at the office designated by Landlord and shall be during usual business hours. Tenant's right to audit shall be restricted to one (1) per calendar year and shall be at the sole cost and expense of Tenant. In no event shall Tenant's right to audit relieve Tenant of its obligation to pay all amounts due as provided in this Lease. Tenant shall deliver a copy of the results of such audit to Landlord within fifteen (15) days of its receipt by Tenant. Any information gained from such audit shall be confidential and shall not be disclosed by Tenant, its agents and/or employees except to Tenant's attorneys, accountants, and consultants or in connection with any contemplated assignments or in connection with any administrative or judicial proceedings in which Tenant may be required to divulge such information.
Tenant’s Right to Audit. Landlord shall deliver to Tenant an itemization in reasonable detail of the hard costs of construction and Soft Costs of the Work (collectively, the “Construction Costs”) incurred by Landlord in connection with the Work at least monthly during the progress of the Work, including copies of invoices requested by Tenant. Landlord shall maintain such records for a period of two (2) years after the Completion Date. Tenant, its accountants or agents, shall have the right to inspect, at reasonable times and in a reasonable manner, such of Landlord’s books of account and records as pertain to and contain information concerning the Construction Costs in order to verify the amounts thereof. If Tenant’s audit discloses an overcharge by Landlord, Landlord shall reimburse Tenant the amount of such overpayment within 30 days of such determination and if such overcharge is in excess of five percent (5%) of Construction Costs for the year in question, then Landlord shall pay Tenant’s accounting fees reasonably incurred in auditing the Construction Costs, even if Tenant’s auditor is paid on a contingency basis.
Tenant’s Right to Audit. Within sixty (60) days after receipt of Landlord's statement setting forth actual Operating Expenses (the "Statement"), Tenant shall have the right to audit at Landlord's local offices, at Tenant's expense, Landlord's accounts and records relating to Operating Expenses. Such audit shall be conducted by a certified public accountant approved by Landlord, which approval shall not be unreasonably withheld. If such audit reveals that Landlord has overcharged Tenant, the amount overcharged shall be paid to Tenant within thirty (30) days after the audit is concluded. In addition, if the Statement exceeds the actual Operating Expenses which should have been charged to Tenant by more than ten percent (10%), the cost of the audit shall be paid by Landlord.
Tenant’s Right to Audit. In the event Tenant shall dispute the amount ----------------------- set forth in Landlord's statement as described in Section 7.4 herein, Tenant shall have the right, not later than eighteen (18) months following receipt of such statement, to cause Landlord's books and records with respect to the preceding Calendar Year to be audited. Such audit shall occur upon not less than five (5) days prior written notice to Landlord, at Landlord's place of business or the actual location of Landlord's books and records if different from Landlord's place of business, provided the same is within the continental United States during Landlord's normal business hours. The amounts payable under this Section by Landlord to Tenant or by Tenant to Landlord, as the case may be, shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for further refund by Landlord to Tenant in excess of five percent (5%) of the payments previously made by Tenant for such Calendar Year, the cost of such audit shall be borne by Landlord and shall not be considered as an Operating Expense for purposes of this Lease; otherwise, the cost of such audit shall be borne by Tenant. Notwithstanding the foregoing, in no event shall Landlord's cost for such audit exceed one thousand dollars ($1,000.00).
Tenant’s Right to Audit. In the event Tenant’s Operating Expense Rent increases by more than five percent (5%) in any Lease Year, Tenant may audit Landlord’s Operating Expenses in order to verify the accuracy of uncontrollable operating expense charges provided that (i) Tenant specifically designates the fiscal year(s) that Tenant intends to audit, which shall be a year within three (3) years of the date of the audit but must be within the Term of this Lease; and (ii) such audit will be conducted only during regular business hours at the office where Xxxxxxxx maintains Operating Expense records and only after Tenant gives Landlord fourteen (14) days notice. Tenant shall deliver to Landlord a copy of the results of such audit within fifteen (15) days of its receipt by Xxxxxx. No such audit shall be conducted if any other tenant has conducted an audit for the time period Tenant intends to audit and Landlord furnishes to Tenant a copy of the results of such audit. No audit shall be conducted at any time that Tenant is in default of any of the terms of the Lease. 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. All costs for the audit including costs for copies shall be borne by the Tenant.
