Common use of Tenant’s Right to Audit Clause in Contracts

Tenant’s Right to Audit. In the event of any dispute or uncertainty as to the amount of Operating Costs and Tenant's Share thereof, Tenant may require clarification as to any disputed amount, including without limitation, receiving and reviewing legible copies of all of Landlord's invoices and paid receipts, with respect to the disputed items, and pursuing an audit as hereinafter specified, provided Tenant notifies Landlord in writing within one hundred eighty (180) days of its receipt of Landlord's statement that Tenant elects to inspect and/or audit such records pursuant to this Paragraph. If Landlord and Tenant are unable to agree as to any disputed item, Tenant may, at its sole cost and expense, audit on its own Landlord's records related to the disputed items, which audit shall be conducted by an independent Big 6 accounting firm selected by Tenant and approved by Landlord, whose approval shall not be unreasonably withheld, and scheduled promptly at the reasonable convenience of both Landlord and Tenant with such audit to take place in Landlord's offices and be completed no later than twelve (12) months from Tenant's receipt of Landlord's statement. If the results of such audit indicate that the aggregate cost of the disputed items is incorrect, then the Landlord shall refund the discrepancy. If the amount of the discrepancy is more than five percent (5%) of the Total Operating Costs Landlord shall pay the costs of the audit not to exceed $7,500.00.

Tenant’s Right to Audit. In the event Annual Operating Expense Statement. -------------------------------------------------------------- Tenant shall have the right to audit the Annual Operating Expense Statement for any calendar year at any time within six (6) months after Tenant receives such Annual Operating Expense Statement. The cost of any dispute such audit shall be paid by Tenant, except that if it is determined on the basis of such audit (or uncertainty as to if, in accordance with the following provisions, it is otherwise ultimately determined) that the amount of Operating Costs and Tenant's Share thereof, Tenant may require clarification as to Operating Expense Increases for any disputed amount, including without limitation, receiving and reviewing legible copies of all of Landlord's invoices and paid receipts, with respect to the disputed items, and pursuing an audit as hereinafter specified, provided Tenant notifies Landlord in writing within one hundred eighty (180) days of its receipt of Landlord's statement that Tenant elects to inspect and/or audit such records pursuant to this Paragraph. If Landlord and Tenant are unable to agree as to any disputed item, Tenant may, at its sole cost and expense, audit on its own Landlord's records related to the disputed items, which audit shall be conducted calendar year was overstated by an independent Big 6 accounting firm selected by Tenant and approved by Landlord, whose approval shall not be unreasonably withheld, and scheduled promptly at the reasonable convenience of both Landlord and Tenant with such audit to take place in Landlord's offices and be completed no later than twelve (12) months from Tenant's receipt of Landlord's statement. If the results of such audit indicate that the aggregate cost of the disputed items is incorrect, then the Landlord shall refund the discrepancy. If the amount of the discrepancy is more than five percent (5%) of ), then the Total Operating Costs Landlord shall pay the costs cost of the audit not shall be paid by Landlord. Landlord shall credit against the next monthly installment of Basic Rent payable by Tenant under this Lease the amount of any over-payment of Tenant's Operating Expense Increases for the calendar year in question (or, with respect to exceed $7,500.00the calendar year within which the last Lease Year ends, Landlord shall refund any such overpayment to Tenant) within thirty (30) days after the amount of the overpayment has been established by the audit or by arbitration as provided in this subsection. If Tenant fails to exercise its right of audit within the six (6) month period, the amount of Tenant's Operating Expense Increases for the calendar year shall be conclusively established as the amount set forth in the Annual Operating Expense Statement for such calendar year delivered by Landlord to Tenant pursuant to subsection (b). If, however, Tenant timely exercises its right of audit, the amount of Tenant's Operating Expense Increases for such calendar year shall be conclusively established as the amount determined as a result of such audit unless, within six (6) months after Landlord's receipt of a report of the same from the auditors selected by Tenant, Landlord, at its expense, shall contest the amount thereof, in which event the amount of Tenant's Operating Expense Increases shall be conclusively established by an arbitration proceeding conducted pursuant to Section 8.

Tenant’s Right to Audit. In Tenant shall have the event of any dispute or uncertainty as right to the amount audit ------------ ----------------------- Landlord's statement of Operating Costs and Tenant's Share thereof, Costs. Tenant may require clarification as to any disputed amount, including without limitation, receiving and reviewing legible copies must complete its audit by the date which is the later of all of Landlord's invoices and paid receipts, with respect to the disputed items, and pursuing an audit as hereinafter specified, provided Tenant notifies Landlord in writing within (a) one hundred eighty (180) days of its after receipt of Landlord's the statement that Tenant elects or (b) the end of the calendar year immediately following the year to inspect and/or audit which the statement pertains. The cost of any such records pursuant to this Paragraph. If Landlord and Tenant are unable to agree as to any disputed item, Tenant may, at its sole cost and expense, audit on its own Landlord's records related to the disputed items, which audit shall be conducted paid by an independent Big 6 accounting firm selected by Tenant and approved by LandlordTenant, whose approval shall not be unreasonably withheldexcept that, and scheduled promptly at if it is determined on the reasonable convenience of both Landlord and Tenant with such audit to take place in Landlord's offices and be completed no later than twelve (12) months from Tenant's receipt of Landlord's statement. If the results basis of such audit indicate (or if, in accordance with the following provisions, it is otherwise ultimately determined) that the aggregate cost of the disputed items is incorrect, then the Landlord shall refund the discrepancy. If the amount of the discrepancy is Tenant's obligations for Operating Costs for any calendar year was overstated by more than five percent (5%) of ), then the Total Operating Costs Landlord shall pay the costs reasonable cost of the audit (in an amount not to exceed $7,500.002,500.00) shall be paid by Landlord. Landlord shall refund to Tenant any overpayment for the calendar year in question within thirty (30) days after the amount of the overpayment has been established by the audit or as otherwise provided in this Section 9.04. If Tenant fails to timely exercise its right of audit pursuant to this Section 9.04, then the amount of Tenant's obligations for Operating Costs shall be conclusively established as the amount set forth in the statement. If, however, Tenant timely exercises its right of audit, the amount of Tenant's obligations for Operating Costs shall be conclusively established as the amount determined by such audit unless, within ninety (90) days after receipt of a report of the same from Tenant's auditors, Landlord, at its expense, shall contest the amount thereof, in which event Tenant shall be entitled to pursue any legal remedies it may have to finally ascertain the amount thereof and, if appropriate, a refund on account thereof.

Tenant’s Right to Audit. In the event of any dispute or uncertainty as to the amount of Operating Costs and Tenant's Share thereofthereof (including calculation of the Expense Stop under Subsection 5.2), Tenant may require clarification as to any disputed amount, including without limitation, receiving and reviewing legible copies of all of Landlord's invoices and paid receipts, with respect to the disputed items, and pursuing an audit as hereinafter specified, provided Tenant notifies Landlord in writing within one hundred eighty (180) days of its receipt of Landlord's statement that Tenant elects to inspect and/or audit such records pursuant to this ParagraphSection. Should Tenant elect to inspect and/or audit such records, Tenant's inspection and/or audit shall be completed and the results thereof submitted to Landlord no later than one year after Tenant's receipt of Landlord's statement. If Landlord and Tenant are unable to agree as to any disputed item, Tenant may, at its sole cost and expense, audit on its own (or engage an independent certified public accounting firm to audit) Landlord's accounting records related to the disputed items, which audit shall be conducted scheduled promptly at the reasonable convenience of both Landlord and Tenant, such audit to take place in Landlord's offices. If the results of such audit by an independent Big 6 accounting firm selected by Tenant and CPA approved by Landlord, whose approval shall not be unreasonably withheld, and scheduled promptly at the reasonable convenience of both Landlord and Tenant with such audit to take place in Landlord's offices and be completed no later than twelve (12) months from Tenant's receipt of Landlord's statement. If the results of such audit indicate that the aggregate cost of the disputed items item is incorrect, then the Landlord shall refund the discrepancy. If , and if the amount of the discrepancy is more than five percent (5%) of the Total Operating Costs ), then Landlord shall pay for the costs reasonable cost of the audit audit, (not to exceed $7,500.005,000.00), as well as refund the discrepancy amount.

Tenant’s Right to Audit. In Tenant shall have the event of any dispute or uncertainty as right to the amount audit Landlord’s statement of Operating Costs Costs. Tenant must commence its audit within thirty (30) days after receipt of the statement and Tenant's Share thereof, Tenant may require clarification as to any disputed amount, including without limitation, receiving and reviewing legible copies of all of Landlord's invoices and paid receipts, with respect to the disputed items, and pursuing an shall complete its audit as hereinafter specified, provided Tenant notifies Landlord in writing within one hundred eighty (180) days of its after receipt of Landlord's statement that Tenant elects to inspect and/or audit the statement. The cost of any such records pursuant to this Paragraph. If Landlord and Tenant are unable to agree as to any disputed item, Tenant may, at its sole cost and expense, audit on its own Landlord's records related to the disputed items, which audit shall be conducted paid by an independent Big 6 accounting firm selected by Tenant and approved by LandlordTenant, whose approval shall not be unreasonably withheldexcept that, and scheduled promptly at if it is determined on the reasonable convenience of both Landlord and Tenant with such audit to take place in Landlord's offices and be completed no later than twelve (12) months from Tenant's receipt of Landlord's statement. If the results basis of such audit indicate (or if, in accordance with the following provisions, it is otherwise ultimately determined) that the aggregate amount of Tenant’s obligations for Operating Costs for any calendar year was overstated by more than ten percent (10%), then the reasonable cost of the disputed items is incorrect, then the audit shall be paid by Landlord. Landlord shall refund to Tenant any overpayment for the discrepancy. If calendar year in question within thirty (30) days after the amount of the discrepancy is more than five percent overpayment has been established by the audit or as otherwise provided in this Section 9.04. If Tenant fails to exercise its right of audit within the thirty (5%30) day period, the amount of Tenant’s obligations for Operating Costs shall be conclusively established as the amount set forth in the statement,. If, however, Tenant timely exercises its right of audit, the amount of Tenant’s obligations for Operating Costs shall be conclusively established as the amount determined by such audit unless, within ninety (90) days after receipt of a report of the Total Operating Costs Landlord same from Tenant’s auditors, Landlord, at its expense, shall pay contest the costs of amount thereof, in which event Tenant shall be entitled to pursue any legal remedies it may have to finally ascertain the audit not to exceed $7,500.00amount thereof and, if appropriate, a refund on account thereof.