Common use of Final Settlement Statement Clause in Contracts

Final Settlement Statement. On or before one hundred twenty (120) Days after the Closing, a final settlement statement (the “Final Settlement Statement”) will be prepared by Seller, based on actual income and expenses during the Interim Period and which takes into account all final adjustments made to the Purchase Price and shows the resulting final Purchase Price (“Final Price”). The Final Settlement Statement shall set forth the actual proration of the amounts required by this Agreement. As soon as practicable, and in any event within thirty (30) Days, after receipt of the Final Settlement Statement, Buyer shall return a written report containing any proposed changes to the Final Settlement Statement and an explanation of any such changes and the reasons therefor (the “Dispute Notice”). If Buyer fails to timely deliver the Dispute Notice to Seller, the statement as delivered by Seller will be deemed to be correct and will be final and binding on the parties and not subject to further audit or arbitration. If the Final Price set forth in the Final Settlement Statement is mutually agreed upon by Seller and Buyer, the Final Settlement Statement and the Final Price, shall be final and binding on the parties hereto. Any difference in the Adjusted Purchase Price as paid at Closing pursuant to the Preliminary Settlement Statement and the Final Price shall be paid by the owing party within ten (10) Days to the owed party. All amounts paid pursuant to this Section 3.6 shall be delivered in United States currency by wire transfer of immediately available funds to the account specified in writing by the relevant party.

Final Settlement Statement. On or before one hundred twenty ninety (12090) Days after the Closinglast day of the month following Closing (the “Final Settlement Date”), a final settlement statement (the “Final Settlement Statement”) will be prepared by Seller, based on actual income and expenses during the Interim Period and which takes into account all final adjustments made to the Purchase Price and shows the resulting final Purchase Price (“Final Price”). The Final Settlement Statement shall set forth the actual proration of the amounts required by this Agreement. As soon as practicable, and in any event within thirty (30) Days, after receipt of the Final Settlement Statement, Buyer shall return a written report containing any proposed changes to the Final Settlement Statement and an explanation of any such changes and the reasons therefor (the “Dispute Notice”). If Buyer fails to timely deliver the Dispute Notice to Seller, the statement as delivered by Seller will be deemed to be correct and will be final and binding on the parties and not subject to further audit or arbitration. If the Final Price set forth in the Final Settlement Statement is mutually agreed upon by Seller and Buyer, the Final Settlement Statement and the Final Price, shall be final and binding on the parties hereto. Any difference in the Adjusted Purchase Price as paid at Closing pursuant to the Preliminary Settlement Statement and the Final Price shall will result in a payment to be paid made to the owed party by the owing party within ten (10) Days to the owed party. All amounts paid pursuant to this Section 3.6 3.5 shall be delivered in United States currency by wire transfer of immediately available funds to the account specified in writing by the relevant party.

Final Settlement Statement. On or before one hundred twenty the date that is ninety (12090) Days days after the Closing, a final settlement statement (the “Final Settlement Statement”) will be prepared by Seller, Buyer based on actual income revenues and expenses during the Interim Period period from and after the Effective Time and which takes into account all final adjustments made to the Purchase Price and shows the resulting final Purchase Price (the “Final Purchase Price”). The Final Settlement Statement shall set forth the actual proration of the amounts required by this Agreement. As soon as practicable, and in any event within thirty (30) Days, days after receipt of the Final Settlement Statement, Buyer Seller shall return to Buyer a written report containing any proposed changes to the Final Settlement Statement and an explanation of any such changes and the reasons therefor (the “Dispute Notice”). If Buyer Any adjustment set forth in the Final Settlement Statement that Seller fails to timely deliver the include in a Dispute Notice to Seller, the statement as delivered by Seller will within such thirty (30) day period shall be deemed to be correct agreed to and will be final and binding on the parties and not subject to further audit or arbitrationaccepted by Seller. If the Final Purchase Price set forth in the Final Settlement Statement is mutually agreed upon by Seller Buyer and BuyerSeller, then the Final Settlement Statement and the Final Price, Purchase Price set forth therein shall be final and binding on the parties heretoParties. Any difference in the Adjusted Purchase Price as paid at the Closing pursuant to the Preliminary Settlement Statement and the Final Purchase Price shall be paid by the owing party Party within ten (10) Days days to the owed partyParty. All amounts paid pursuant to this Section 3.6 3.5 shall be delivered in United States currency by wire transfer of immediately available funds to the account specified in writing by the relevant partyowed Party.