Common use of Audit of Books and Records Clause in Contracts

Audit of Books and Records. Landlord shall maintain books and -------------------------- records with respect to Operating Costs and Taxes in accordance with sound accounting and management practices. Tenant shall have the right to examine such books and records showing the Operating Costs and Taxes upon reasonable prior notice to Landlord and during normal business hours within sixty (60) days following the delivery of the Operating Costs Statement and the Tax Statement described in Section 3.2(e) above. Unless Tenant takes written exception to any item of Operating Costs or Taxes and specifies to Landlord in detail the reasons for such exception as to a particular item within sixty (60) days after the delivery of the Operating Costs Statement and the Tax Statement, the Operating Costs Statement and the Tax Statement shall be considered as final and accepted by Tenant. Notwithstanding any exception made by Tenant, Tenant shall pay to Landlord the full amount of the Operating Costs Adjustment and the Tax Adjustment, subject to readjustment at such time as any such exception may be resolved. If Tenant takes exception to the Operating Costs Adjustment and/or the Tax Adjustment and so notifies Landlord in writing prior to the expiration of said sixty (60) day period, then Landlord will seek certification from Landlord's independent certified public accountant or consultant as to the proper amount of the Operating Costs Adjustment and/or the Tax Adjustment. In such event, the certification obtained by Landlord shall be considered final and binding on both Landlord and Tenant and Tenant shall reimburse Landlord immediately upon demand for the cost of obtaining such certification, unless the certification reveals that the Operating Costs Adjustment and/or the Tax Adjustment were overstated by at least five percent (5%), in which event the cost of obtaining such certification shall be borne by Landlord.

Audit of Books and Records. Landlord shall maintain books and -------------------------- records with respect to Operating Costs and Taxes in accordance with sound accounting and management practices. Tenant shall have the right to examine such books and records showing the Operating Costs and Taxes upon reasonable prior notice to Landlord and during normal business hours within sixty one hundred eighty (60180) days following the delivery of the Operating Costs Statement and the Tax Statement described in Section 3.2(e) above. Unless Tenant takes written exception to any item of Operating Costs or Taxes and specifies to Landlord in detail the reasons for such exception as to a particular item within sixty one hundred eighty (60180) days after the delivery of the Operating Costs Statement and the Tax Statement, the Operating Costs Statement and the Tax Statement shall be considered as final and accepted by Tenant. Notwithstanding any exception made by Tenant, Tenant shall pay to Landlord the full amount of the Operating Costs Adjustment and the Tax Adjustment, subject to readjustment at such time as any such exception may be resolved. If Tenant takes exception to the calculation of the Operating Costs Adjustment or Taxes for any calendar year of the Term within the time period set forth above, Tenant may engage the services of any reputable certified public accounting firm (having expertise in real estate leasing matters) as Tenant’s consultant to make its own review of Landlord’s calculation of Operating Costs and Taxes. If Tenant engages a consultant for such review, Tenant will cause the consultant to enter into a confidentiality agreement in accordance with the provisions of Section 26.18 below. The cost of Tenant’s consultant shall be borne solely by Tenant except as set forth below. If the Operating Costs and/or the Tax Adjustment and so notifies Landlord in writing prior to the expiration of said sixty (60) day periodTaxes have been overstated by Landlord, then Landlord will seek certification from Landlord's independent certified public accountant or consultant as to the proper amount of shall recalculate the Operating Costs Adjustment and/or the Tax Adjustment. In such event, the certification obtained by Landlord shall be considered final as applicable, and binding on both Landlord and Tenant and Tenant shall reimburse Landlord immediately upon demand for the cost of obtaining such certification, unless the certification reveals that the Operating Costs Adjustment and/or the Tax Adjustment were overstated by at least five percent (5%), in which event the cost of obtaining such certification shall be borne by Landlord.promptly pay to

Audit of Books and Records. Landlord shall maintain books and -------------------------- records with respect to Operating Costs and Taxes in accordance with sound accounting and management practices. Tenant shall have the right to examine such books and records showing the Operating Costs and Taxes upon reasonable prior notice to Landlord and during normal business hours within sixty thirty (6030) days following the delivery of the Operating Costs Statement and the Tax Statement described in Section 3.2(e) above. Unless Tenant takes written exception to any item of Operating Costs or Taxes and specifies to Landlord in detail the reasons for such exception as to a particular item within sixty thirty (6030) days after the delivery of the Operating Costs Statement and the Tax Statement, the Operating Costs Statement and the Tax Statement shall be considered as final and accepted by Tenant. Notwithstanding any exception made by Tenant, Tenant shall pay to Landlord the full amount of the Operating Costs Adjustment and the Tax Adjustment, subject to readjustment at such time as any such exception may be resolved. If Tenant takes exception to the Operating Costs Adjustment and/or the Tax Adjustment and so notifies Landlord in writing prior to the expiration of said sixty thirty (6030) day period, then Landlord will seek certification from Landlord's independent certified public accountant or consultant as to the proper amount of the Operating Costs Adjustment and/or the Tax Adjustment. In such event, the certification obtained by Landlord shall be considered final and binding on both Landlord and Tenant and Tenant shall reimburse Landlord immediately upon demand for the cost of obtaining such certification, unless the certification reveals that the Operating Costs Adjustment and/or the Tax Adjustment were overstated by at least five percent (5%), in which event the cost of obtaining such certification shall be borne by Landlord.

Audit of Books and Records. Landlord shall maintain books and -------------------------- records with respect to Operating Costs and Taxes in accordance with sound accounting and management practices. Tenant shall have the right to examine such books and records showing the Operating Costs and Taxes upon reasonable prior notice to Landlord and during normal business hours within sixty thirty (6030) days following the delivery of the Operating Costs Statement and the Tax Statement described in Section 3.2(e) above. Unless Tenant takes written exception to any item of Operating Costs or Taxes and specifies to Landlord in detail the reasons for such exception as to a particular item within sixty thirty (6030) days after the delivery of the Operating Costs Statement and the Tax Statement, the Operating Costs Statement and the Tax Statement shall be considered as final and accepted by Tenant. Notwithstanding any exception made by Tenant, Tenant shall pay to Landlord the full amount of the Operating Costs Adjustment and the Tax Adjustment, subject to readjustment at such time as any such exception may be resolved. If Tenant takes exception to the Operating Costs Adjustment and/or the Tax Adjustment and so notifies Landlord in writing prior to the expiration of said sixty thirty (6030) day period, then Landlord will seek certification from Landlord's ’s independent certified public accountant or consultant as to the proper amount of the Operating Costs Adjustment and/or the Tax Adjustment. In such event, the certification obtained by Landlord shall be considered final and binding on both Landlord and Tenant and Tenant shall reimburse Landlord immediately upon demand for the cost of obtaining such certification, unless the certification reveals that the Operating Costs Adjustment and/or the Tax Adjustment were overstated by at least five percent (5%), in which event the cost of obtaining such certification shall be borne by Landlord.