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

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. For a period of Within ninety (90) days following Tenant’s after receipt of Landlord’s Annual Statement's statement setting forth actual Operating Expenses (the "STATEMENT"), commencing with the Statement for the Base Year, Tenant shall be entitled to a preliminary review of Landlord's books and records forming the basis of this Statement by employees of Tenant. If Tenant is not satisfied with the results of such employee review, then, 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, audit at Landlord's local offices, for this purposeat Tenant's expense, Landlord's accounts and records relating to Operating Expenses, so long as (a) Tenant delivers written notice to Landlord requesting such audit (the "NOTICE OF AUDIT") within one hundred ten (110) days after receipt of the Statement, and (b) such audit must be completed within sixty (60) days after Landlord's receipt of the Notice of Audit. Such audit shall be conducted by a certified public accountant approved by Landlord, which approval shall not be unreasonably withheld. If the results of the such audit show any overcharge to reveals that Landlord has overcharged Tenant, Landlord the amount overcharged shall credit or refund be paid to Tenant any overage of such items as discovered by the audit within thirty (30) days after the audit is concluded. If such audit reveals that Landlord has undercharged Tenant, the amount of completion of such auditundercharge shall be paid by Tenant to Landlord within 30 days after the audit is conducted. In addition, if the results of Statement exceeds the audit show an overcharge actual Operating Expenses which should have been charged to Tenant of by more than ten five percent (105%) 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 eventsshall be paid by Landlord.

Tenant’s Right to Audit. For a period of Within ninety (90) days following Tenant’s after receipt of landlord's statement setting forth actual Operating Expenses (the "STATEMENT"), commencing with the Statement for the Base Year, Tenant shall be entitled to a preliminary review of Landlord’s Annual Statement's books and records forming the basis of this Statement by employees of Tenant. If Tenant is not satisfied with the results of such employee review, then, 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, audit at Landlord's local offices, for this purposeat Tenant's expense, Landlord's accounts and records relating to Operating Expenses, so long as (a) Tenant delivers written notice to Landlord requesting such audit (the "NOTICE OF AUDIT") within one hundred ten (110) days after receipt of the Statement, and (b) such audit must be completed with sixty (60) days after Landlord's receipt of the Notice of Audit. Such audit shall be conducted by a certified public accountant approved by Landlord, which approval shall not be unreasonably withheld. If the results of the such audit show any overcharge to reveals that Landlord has overcharged Tenant, Landlord the amount overcharged shall credit or refund be paid to Tenant any overage of such items as discovered by the audit within thirty (30) days after the audit is concluded. If such audit reveals that Landlord has undercharged Tenant, the amount of completion of such auditundercharge shall be paid by Tenant to Landlord within 30 days after the audit is conducted. In addition, if the results of Statement exceeds the audit show an overcharge to actual Operating Expenses which should have been charged by Tenant of by more than ten five percent (105%) 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 eventsshall be paid by Landlord.