Inflated, Excessive and Inappropriate Costs. Any otherwise permissible fees or costs, to the extent the same are in excess of prevailing and competitive rates; expenses that under generally accepted accounting principles consistently applied would not be considered normal maintenance, repair, management or operating expenses.
Inflated, Excessive and Inappropriate Costs. Any otherwise permissible fees or costs, to the extent the same are in excess of prevailing and competitive rates; expenses that under generally accepted accounting principles consistently applied would not be considered normal maintenance, repair, management or operating expenses; and Operating expenses and operating costs shall be calculated using generally accepted accounting principles consistently applied and certified by an independent certified public accountant. If Landlord makes an expenditure for a capital improvement to the Property or the Building by installing energy conservation or labor-saving devices to reduce operating expenses, or to comply with any law, ordinance or regulation pertaining to the Property or the Building, and if, under generally accepted accounting principles, such expenditure is not a current expense, then the cost thereof shall be amortized over a period equal to the useful life of such improvement, determined in accordance with generally accepted accounting principles, and the amortized costs allocated to each Lease Year during the Term shall be treated as an operating expense. Tenant will be entitled one time in any twelve month period to audit and verify the operations of the Building and the related books and records of Landlord to assure that the operating expenses and taxes from time to time reported by Landlord are in keeping with the provisions of the Lease and this Addendum. In the event of any error, Landlord shall make a correcting payment in full to Tenant within 30 days after the determination of the amount of such error, provided that, absent fraud or misconduct on the part of Landlord, Tenant has advised Landlord of an objection or error on or before the second anniversary of Tenant's receipt of particular statement for operating expenses or taxes. This section shall not be construed so as to bar Tenant from any rights in respect of a refund or readjustment of taxes. Tenant also shall be entitled to verify the rentable building area, the Premises area and the proportionate share. If the Building is less than 100% occupied during the Base Year 1996, Landlord shall adjust the operating expenses and operating Costs that vary with occupancy (including any management fee) for such Base Year on the basis of a 100% occupancy rate of all rentable area in the Building, for the purposes for which such areas have been constructed, without regard to any abatements, curtailments or reductions in rent reserved under any...
