Examples of Second Firm in a sentence
If Landlord disagrees with the results of Tenant’s review and the parties do not otherwise resolve their disagreement within 30 days, Landlord and Tenant shall work in good faith to agree on another independent, neutral accounting firm (a “Second Firm”) to consider the results of Tenant’s review and, as the Second Firm deems necessary, to conduct its own review of the relevant books and records, and any determination of Expenses or Taxes made by the Second Firm will be binding on the parties.
The Executive shall bear all costs and expenses of the Second Firm in the event that the determination of the Gross-up Amount by the Second Firm does not differ from the determination by the Company's accounting firm by more than twenty percent (20%); however, if such difference is greater than twenty percent (20%), then the Executive and the Company shall equally bear such costs and expenses.
Such determination of the Gross-up Amount by the Second Firm shall be binding and conclusive on the parties.
However if the Executive disputes the determination made by the Company's accounting firm, then the Executive shall give notice to the Company within such fifteen (15)-day period, and, within ten (10) days thereafter, the Company and the Executive shall mutually select a nationally recognized accounting firm (the "Second Firm") which shall make the aforesaid determination within ten (10) days after its selection.
Tenant and Tenant’s Firm, and the Second Firm, if applicable, shall keep the results of any such inspection strictly confidential, and shall enter into a commercially reasonable non-disclosure agreement upon Landlord’s request.
If the Buyer and Seller do not resolve all such disagreements by the end of the Adjustment Resolution Period, then they shall, within five days thereafter, commence the process to retain the Firm (or if the Firm is unable to serve as the Firm for any reason whatsoever, including for reasons of conflict of interest), the parties shall, within five days thereafter, retain the Second Firm, in which case the Second Firm shall be deemed to be the Firm for purposes of this Agreement.