Audit Adjustment. If any audit of the records, books or accounts relating to the Properties discloses an overpayment or underpayment of Management Fees, Owner or Manager shall promptly pay to the other party the amount of such overpayment or underpayment, as the case may be. If such audit discloses an overpayment of Management Fees for any fiscal year of more than the correct Management Fees for such fiscal year, Manager shall bear the cost of such audit.
Appears in 51 contracts
Samples: Property Management and Leasing Agreement (Cole Credit Property Trust III, Inc.), Property Management and Leasing Agreement (Cole Credit Property Trust III, Inc.), Management Agreement (Lightstone Value Plus Real Estate Investment Trust Ii Inc)
Audit Adjustment. If any audit of the records, books or accounts relating to the Properties discloses an overpayment or underpayment of Management Fees, the Owner or the Manager shall promptly pay to the other party the amount of such overpayment or underpayment, as the case may be. If such audit discloses an overpayment of Management Fees for any fiscal year of more than the correct Management Fees for such fiscal year, the Manager shall bear the cost of such audit.
Appears in 19 contracts
Samples: Property Management and Leasing Agreement (American Realty Capital Healthcare Trust II, Inc.), Management and Leasing Agreement (American Realty Capital Healthcare Trust Inc), Management Agreement (American Realty Capital New York Recovery Reit Inc)
Audit Adjustment. If any audit of the records, books or accounts relating to the Properties discloses an overpayment or underpayment of Management Feesfees, the Owner or the Manager shall promptly pay to the other party the amount of such overpayment or underpayment, as the case may be. If such audit discloses an overpayment of Management Fees fees for any fiscal year of more than the correct Management Fees fees for such fiscal year, the Manager shall bear the cost of such audit.
Appears in 11 contracts
Samples: Management and Leasing Agreement (American Realty Capital Global Trust II, Inc.), Property Management and Leasing Agreement (American Realty Capital Healthcare Trust III, Inc.), Property Management and Leasing Agreement (American Realty Capital Global Trust, Inc.)
Audit Adjustment. If any audit of the records, books or accounts relating to the Properties discloses an overpayment or underpayment of Management Feesmanagement and leasing fees, Owner or Manager shall promptly pay to the other party the amount of such overpayment or underpayment, as the case may be. If such audit discloses an overpayment of Management Fees management and leasing fees for any fiscal year of more than the correct Management Fees fees for such fiscal year, Manager shall bear the cost of such audit.
Appears in 9 contracts
Samples: Management and Leasing Agreement (Behringer Harvard Short Term Opportunity Fund I Lp), Management and Leasing Agreement (Behringer Harvard Short Term Opportunity Fund I Lp), Management and Leasing Agreement (Behringer Harvard Mid Term Value Enhancement Fund I Lp)
Audit Adjustment. If any audit of the records, books or accounts relating to the Properties discloses an overpayment or underpayment of Management FeesFee, Owner or Manager shall promptly pay to the other party the amount of such overpayment or underpayment, as the case may be. If such audit discloses an overpayment of Management Fees Fee for any fiscal year of more the greater of 2% or $5,000 than the correct Management Fees Fee for such fiscal year, Manager shall bear the cost of such audit.
Appears in 9 contracts
Samples: Master Property Management and Leasing Agreement (Macquarie CNL Global Income Trust, Inc.), Management and Leasing Agreement (CNL Properties Trust, Inc.), Agreement (Global Growth Trust, Inc.)
Audit Adjustment. If any audit of the records, books or accounts relating to the Properties discloses an overpayment or underpayment of the Total Management Fees, Owner or Manager shall promptly pay to the other party the amount of such overpayment or underpayment, as the case may be. If such audit discloses an overpayment of the Total Management Fees for any fiscal year of more than 10% of the correct aggregate Total Management Fees for such fiscal year, Manager shall bear the cost of such audit.
Appears in 5 contracts
Samples: And Construction Management Agreement (Gc Net Lease Reit, Inc.), And Construction Management Agreement (Gc Net Lease Reit, Inc.), And Construction Management Agreement (Griffin Capital Essential Asset REIT II, Inc.)
Audit Adjustment. If any audit of the records, books or accounts relating to the Properties discloses an overpayment or underpayment of Management Fees, Owner, Owner JV, or Manager shall promptly pay to the other party the amount of such overpayment or underpayment, as the case may be. If such audit discloses an overpayment of Management Fees for any fiscal year of more than 10% of the correct aggregate Management Fees for such fiscal year, Manager shall bear the cost of such audit.
Appears in 5 contracts
Samples: And Construction Management Agreement (Wells Real Estate Investment Trust Inc), And Construction Management Agreement (Wells Core Office Income Reit Inc), Construction Management Agreement (Wells Real Estate Investment Trust Ii Inc)
Audit Adjustment. If any audit of the records, books or accounts relating to the Properties discloses an overpayment or underpayment of Management Fees, Owner or Manager shall promptly pay to the other party the amount of such the overpayment or underpayment, as the case may be. If such the audit discloses an overpayment of Management Fees for any fiscal year of more than the correct Management Fees for such the fiscal year, Manager shall bear the cost of such the audit.
Appears in 4 contracts
Samples: Management and Leasing Agreement (Behringer Harvard REIT II, Inc.), Management and Leasing Agreement (Behringer Harvard REIT II, Inc.), Management and Leasing Agreement (Behringer Harvard REIT II, Inc.)
Audit Adjustment. If any audit of the records, books or accounts ---------------- relating to the Partnership Properties discloses an overpayment or underpayment of Management Fees, Owner or Manager shall promptly pay to the other party the amount of such overpayment or underpayment, as the case may be. If such audit discloses an overpayment of Management Fees for any fiscal year of more than the correct Management Fees for such fiscal year, Manager shall bear the cost of such audit.
Appears in 3 contracts
Samples: Management Agreement (Wells Real Estate Fund Xiii L P), Management Agreement (Wells Real Estate Fd Xii L P & Wells Real Estate Fd Xiii Lp), Management Agreement (Wells Real Estate Fd Xii L P & Wells Real Estate Fd Xiii Lp)
Audit Adjustment. If any audit of the records, books or accounts ---------------- relating to the Properties discloses an overpayment or underpayment of Management Fees, Owner or Manager shall promptly pay to the other party the amount of such overpayment or underpayment, as the case may be. If such audit discloses an overpayment of Management Fees for any fiscal year of more than the correct Management Fees for such fiscal year, Manager shall bear the cost of such audit.
Appears in 2 contracts
Samples: Management and Leasing Agreement (Wells Real Estate Investment Trust Inc), Management and Leasing Agreement (Wells Real Estate Fund Xiii L P)
Audit Adjustment. If any audit of the records, books or accounts relating to the Properties Property discloses an overpayment or underpayment of Management Fees, the Owner or the Manager shall promptly pay to the other party the amount of such overpayment or underpayment, as the case may be. If such audit discloses an overpayment of Management Fees for any fiscal year of more than the correct Management Fees for such fiscal year, the Manager shall bear the cost of such audit.
Appears in 2 contracts
Samples: Property Management and Leasing Agreement (Healthcare Trust, Inc.), Property Management and Leasing Agreement (Healthcare Trust, Inc.)
Audit Adjustment. If any audit of the records, books or accounts relating to the Properties discloses an overpayment or underpayment of Management FeesFee or Oversight Fee, the Manager, or the Owner or Manager the Company, as applicable, shall promptly pay to the other party the amount of such overpayment or underpayment, as the case may be. If such audit discloses an overpayment of Management Fees Fee or Oversight Fee for any fiscal year of more the greater of 2% or $5,000 than the correct Management Fees Fee or Oversight Fee for such fiscal year, Manager shall bear the cost of such audit.
Appears in 2 contracts
Samples: Management and Leasing Agreement (Global Income Trust, Inc.), Management and Leasing Agreement (Global Growth Trust, Inc.)
Audit Adjustment. If any audit of the records, books or accounts relating to the Properties discloses an overpayment or underpayment of Management Fees, Owner or Property Manager shall promptly pay to the other party the amount of such overpayment or underpayment, as the case may be. If such audit discloses an overpayment of Management Fees for any fiscal year of more than the correct five (5%) percent of the Management Fees paid for such fiscal year, Property Manager shall bear the cost of such audit.
Appears in 2 contracts
Samples: Property Management Agreement (Broadstone Net Lease Inc), Property Management Agreement (Broadstone Net Lease, Inc.)
Audit Adjustment. If any audit of the records, books or accounts ---------------- relating to the Properties Owner discloses an overpayment or underpayment of Management Fees, Owner or Manager shall promptly pay to the other party the amount of such overpayment or underpayment, as the case may be. If such audit discloses an overpayment of Management Fees for any fiscal year of more than the correct Management Fees for such fiscal Fiscal year, Manager shall bear the cost of such audit.
Appears in 2 contracts
Samples: Management Agreement (Wells Real Eastate Investment Trust Inc), Management Agreement (Wells Real Estate Investment Trust Inc)
Audit Adjustment. If any audit of the records, books or accounts relating to the Properties Property discloses an overpayment or underpayment of Management Fees, Owner or Manager shall promptly pay to the other party the amount of such overpayment or underpayment, as the case may be. If such audit discloses an overpayment of Management Fees for any fiscal year of more than the correct Management Fees for such fiscal year, Manager shall bear the cost of such audit.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Carter Validus Mission Critical REIT, Inc.)
Audit Adjustment. If any audit of the records, books or accounts relating to the Properties discloses an overpayment or underpayment of Management FeesManager’s fees, the Owner or the Manager shall promptly pay to the other party the amount of such overpayment or underpayment, as the case may be. If such audit discloses an overpayment of Management Fees Manager’s fees for any fiscal year of more than the correct Management Fees Manager’s fees for such fiscal year, the Manager shall bear the cost of such audit.
Appears in 1 contract
Samples: Management and Leasing Agreement (American Realty Capital Trust IV, Inc.)
Audit Adjustment. If any audit of the records, books or accounts relating to the Properties discloses an overpayment or underpayment of Management Fees, Owner or Manager shall promptly pay to the other party the amount of such overpayment or underpayment, as the case may be. If such audit discloses an overpayment of Management Fees for any fiscal year of more than the correct Management Fees for such fiscal year, Manager shall bear the cost of such audit.
Appears in 1 contract
