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

Tenant’s Right to Audit. In the event Tenant shall dispute the amount set forth in Landlord's statement of actual Operating Expenses of the Building, Tenant shall have the right, not later than sixty (60) days following receipt of such statement, to cause Landlord's books and records with respect to the preceding Calendar Year to be audited by an independent certified public accountant mutually acceptable to Landlord and Tenant. Such audit shall occur upon not less than ten (10) business days' written notice to Landlord, at Landlord's place of business or the actual location of the Landlord's books and records if different from Landlord's place of business, during Landlord's normal business hours. The amount 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 an overstatement by Landlord of the Operating Expenses for the Land and Building of more than ten percent (10%), 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). If Tenant shall not request an audit in accordance with the provisions of this Section within (60) days of receipt of Landlord's statement of actual Operating Expenses, such statement shall be conclusively biding upon Landlord and Tenant.

Tenant’s Right to Audit. In the event Tenant shall dispute the amount ---------------------- set forth in Landlord's statement of actual Operating Expenses of the BuildingPCAM and BOE, Tenant shall have the right, not later than sixty (60) days following receipt of such statement, to cause Landlord's books and records with respect to the preceding Calendar Year to be audited by an independent certified public accountant Certified Public Accountant mutually acceptable to Landlord and Tenant. Such audit shall occur upon not less than ten five (105) business days' days prior written notice to Landlord, at Landlord's place of business or the actual location of the Landlord's books and records if different from Landlord's place of business, during Landlord's normal business hours. The amount amounts payable under this Section Article 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 an overstatement a liability for further refund by Landlord to Tenant in excess of three percent (3%) of the Operating Expenses payments previously made by Tenant for the Land and Building of more than ten percent (10%)such Calendar Year, the cost of such audit shall be borne by Landlord and shall not be considered as an Operating Expense a PCAM or BOE 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 Five Hundred Dollars ($1,000.001,500.00). If Tenant shall not request an audit in accordance with the provisions of this Section within sixty (60) days of receipt of Landlord's statement of actual Operating ExpensesPCAM and BOE, such statement shall be conclusively biding binding upon Landlord and Tenant.

Tenant’s Right to Audit. In the event Tenant shall dispute the amount ----------------------- set forth in Landlord's statement of actual Operating Expenses of the Buildingas described in Section 7.4 herein, Tenant shall have the right, not later than sixty eighteen (6018) days months following receipt of such statement, to cause Landlord's books and records with respect to the preceding Calendar Year to be audited by an independent certified public accountant mutually acceptable to Landlord and Tenantaudited. Such audit shall occur upon not less than ten five (105) business days' days prior written notice to Landlord, at Landlord's place of business or the actual location of the 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 amount 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 an overstatement a liability for further refund by Landlord to Tenant in excess of five percent (5%) of the Operating Expenses payments previously made by Tenant for the Land and Building of more than ten percent (10%)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 one thousand dollars ($1,000.00). If Tenant shall not request an audit in accordance with the provisions of this Section within (60) days of receipt of Landlord's statement of actual Operating Expenses, such statement shall be conclusively biding upon Landlord and Tenant.

Tenant’s Right to Audit. In the event Tenant shall dispute the amount set forth in Landlord's statement of actual Operating Expenses of the Building, Tenant or its representative shall have the right, not later than sixty (60) days following receipt of such statement, to cause Landlord's books and records with respect to the preceding Calendar Year to be audited by an independent certified public accountant mutually acceptable to Landlord and Tenant. Such audit shall occur upon not less than ten (10) business days' written notice to Landlord, at Landlord's place of business or the actual location of the Landlord's books and records if different from Landlord's place of business, during Landlord's normal business hours. The amount payable under this Section , within one hundred and twenty (120) days following the furnishing by Landlord to Tenant or by Tenant of an annual statement described above in Sections 5.d and 6.c and upon reasonable prior notice to Landlord, as the case may be, shall be appropriately adjusted on the basis of such audit. If such audit discloses an overstatement by Landlord of to inspect Landlord's books and records showing the Operating Expenses for reflected in such annual statement: provided however, that the Land foregoing shall not relieve Tenant of paying any deficiency shown by Landlord's statement within forty five (45) days after receipt of such statement. Unless Tenant shall, by notice to Landlord within such one hundred and Building of more than ten percent twenty (10%)120) day period, take exception to any item in such statement, the cost of such audit statement shall be borne by Landlord conclusively binding and shall not be considered as contestable by Tenant. Tenant's review may include the employment of an Operating Expense for purposes accounting selected by Tenant and reasonably approved by Landlord. The expense of this Lease; otherwise, the cost of such audit aforesaid firm shall be borne by Tenant, except that if by reason of such exception Tenant has overpaid Additional Charges by more than three (3%) percent for any Lease Year, then Landlord shall pay its own expenses and the expense of said firm for said review. Notwithstanding If errors are discovered in the foregoing, in no event shall Landlord's accounting, an adjustment to the Additional Charges shall be made. In addition, Tenant shall pay Landlord at cost for copies actually made by Landlord during such audit exceed One Thousand Dollars ($1,000.00)review. If Tenant shall not request an audit in accordance with the provisions of this Section within (60) days of receipt of acknowledges that Landlord's statement of actual Operating Expensesbooks and records are confidential and proprietary in nature and that Landlord could be damaged if such books and records became public. Therefore, Tenant agrees to keep such statement shall be conclusively biding upon Landlord books and Tenant.records in strict confidence and not to publish or disseminate the same or any information therein without

Tenant’s Right to Audit. In the event that Tenant shall dispute the amount set forth in Landlord's ’s statement of actual Operating Expenses Costs of the Building, Tenant shall have the right, exercisable not later than sixty one hundred eighty (60180) days following receipt of such statementstatement (except for the Base Year, which may be audited up to the later of (i) one (1) year after receipt of the statement for the Base Year, or (ii) thirty (30) days after receipt Landlord’s statement for the year immediately following the Base Year), to cause Landlord's ’s books and records with respect to the preceding Calendar Year to be audited by an independent certified public accountant Certified Public Accountant mutually acceptable to Landlord and Tenant. Such audit shall occur upon not less than ten (10) business days' days prior written notice to Landlord, and shall be conducted during Landlord’s normal business hours at Landlord's ’s normal place of business or business, the actual location of the Landlord's ’s books and records if different from Landlord's place of businessor such other location selected by Landlord in its reasonable discretion, during Landlord's normal business hoursbut in any event in the Washington, D.C. metropolitan area. The amount amounts payable under this Section by Landlord to Tenant or by Tenant to Landlord, as the case may be, Article IX shall be appropriately adjusted on the basis of such audit. If such audit discloses an overstatement by Landlord of the Operating Expenses for the Land and Building of more than ten percent (10%), the The cost of such audit shall be borne by Landlord and shall not be considered as an Operating Expense for purposes of this Lease; otherwiseTenant unless the discrepancy is greater than five percent (5%), in which case 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). If Tenant shall does not request an audit in accordance with the provisions of this Section within one hundred eighty (60180) days of receipt of Landlord's ’s statement of actual Operating ExpensesCosts (or such longer period with respect to the Base Year), such statement shall be conclusively biding binding upon Landlord and TenantTenant except in the event of fraud or intentional misrepresentation of the Operating Costs.