Common use of Optional Building Services Clause in Contracts

Optional Building Services. At Sub-Subtenant’s option, Sub-Sublandlord shall also provide Sub-Subtenant during the Term with the building services listed on Schedule 3.6-2 (collectively, the “Optional Building Services”). In the event Sub-Subtenant elects to obtain the Optional Building Services described on Schedule 3.6-2, then Sub-Subtenant shall pay for the Optional Building Services at the rate charged by Sub-Sublandlord for the same, which shall be consistent with the rates charged by Chinook as such rates may be modified from time to time during the Sub-Sublease Term (collectively, the “Optional Building Services Fees”), or, in the case of any services not provided by Chinook, the Optional Building Service Fees shall be Sub-Subtenant’s Pro Rata Share of such cost. Sub-Subtenant shall pay Sub-Sublandlord the Optional Building Services Fees in advance on a monthly basis, as determined by Sub-Sublandlord, on the first Delivery Date and on the first day of each calendar month thereafter during any period of the Sub-Sublease Term in which the Option Building Services are provided, or at Sub-Sublandlord’s option, in arrears within ten (10) days after receipt of written notice of the amount due and associated support documentation (a “Optional Building Services Statement”). Sub-Sublandlord shall enforce its rights under the Perfect Day Sublease to cause Chinook to maintain books and records showing Optional Building Services Fees in accordance with sound accounting and management practices, consistently applied. Sub-Subtenant or its representative shall have the right, for a period of thirty (30) days following the date upon which an Optional Building Services Statement is delivered to Sub-Subtenant, to examine ▇▇▇▇▇▇▇’s and Sub-Sublandlord’s books and records with respect to the Optional Building Services items in an Optional Building Services Statement during normal business hours, upon written notice, delivered at least five (5) business days in advance. Promptly upon receipt of such notice, Sub-Sublandlord shall notify Chinook that it desires to examine ▇▇▇▇▇▇▇’s books and records as to the Optional Building Services Statement in question and shall arrange to have Sub-Subtenant conduct the examination. If Sub-Subtenant does not object in writing to an Optional Building Services Statement within thirty (30) days of Sub-Subtenant’s receipt of the Optional Building Services Statement, specifying the nature of the item in dispute and the reasons therefor, then an Optional Building Services Statement shall be considered final and accepted by Sub-Subtenant and Sub-Subtenant shall be deemed to have waived its right to dispute an Optional Building Services Statement. If Sub-Subtenant does dispute an Optional Building Services Statement, Sub-Subtenant shall deliver a copy of any documentation in support of such dispute to Sub-Sublandlord at the time of notification of the dispute. Any amount due to Sub-Sublandlord as shown on an Optional Building Services Statement, whether or not disputed by Sub-Subtenant as provided herein shall be paid by Sub-Subtenant when due as provided above, without prejudice to any such written exception. Upon resolution of any dispute with respect to an Optional Building Services Fee and/or an Optional Building Services Statement, Sub-Subtenant shall either pay Sub-Sublandlord any shortfall or Sub-Sublandlord shall credit Sub-Subtenant with respect to any overages paid by Sub-Subtenant.

Optional Building Services. At Sub-In addition to the Primary Building Services, at Subtenant’s option, Sub-Sublandlord shall also provide Sub-Subtenant during the Services Term with the building services listed on Schedule 3.6-2 (collectively, the “Optional Building Services”). In the event Sub-Subtenant elects to obtain the Optional Building Services described on Schedule 3.6-2, then Sub-Subtenant shall pay for the Optional Building Services at the rate charged by Sub-Sublandlord for the same, which shall be consistent with the rates charged by Chinook Sublandlord to the Existing Subtenants as such rates may be modified from time to time during the Sub-Sublease Term (collectively, the “Optional Building Services Fees”), or, in the case of any services not provided by Chinook, the Optional Building Service Fees shall be Sub-Subtenant’s Pro Rata Share of such cost. Sub-Subtenant shall pay Sub-Sublandlord the Optional Building Services Fees in advance on a monthly basis, as determined by Sub-Sublandlord, on the first Delivery Deliver Date and on the first day of each calendar month thereafter during any period of the Sub-Sublease Term in which the Option Building Services are providedTerm, or at Sub-Sublandlord’s option, in arrears within ten (10) days after receipt of written notice of the amount due and associated support documentation (a “Optional Building Services Statement”). Sub-Sublandlord shall enforce its rights under the Perfect Day Sublease to cause Chinook to maintain books and records showing Optional Building Services Fees in accordance with sound accounting and management practices, consistently applied. Sub-Subtenant or its representative shall have the right, for a period of thirty (30) days following the date upon which an a Optional Building Services Statement is delivered to Sub-Subtenant, to examine ▇▇▇▇▇▇▇’s and Sub-the Sublandlord’s books and records with respect to the Optional Building Services items in an Optional Building Services Statement during normal business hours, upon written notice, delivered at least five (5) business days in advance. Promptly upon receipt of such notice, Sub-Sublandlord shall notify Chinook that it desires to examine ▇▇▇▇▇▇▇’s books and records as to the Optional Building Services Statement in question and shall arrange to have Sub-Subtenant conduct the examination. If Sub-Subtenant does not object in writing to an Optional Building Services Statement within thirty (30) days of Sub-Subtenant’s receipt of the Optional Building Services Statement, specifying the nature of the item in dispute and the reasons therefor, then an Optional Building Services Statement shall be considered final and accepted by Sub-Subtenant and Sub-Subtenant shall be deemed to have waived its right to dispute an Optional Building Services Statement. If Sub-Subtenant does dispute an Optional Building Services Statement, Sub-Subtenant shall deliver a copy of any documentation in support of such dispute to Sub-Sublandlord at the time of notification of the dispute. Any amount due to Sub-Sublandlord as shown on an Optional Building Services Statement, whether or not disputed by Sub-Subtenant as provided herein shall be paid by Sub-Subtenant when due as provided above, without prejudice to any such written exception. Upon resolution of any dispute with respect to an Optional Building Services Fee and/or an Optional Building Services Statement, Sub-Subtenant shall either pay Sub-Sublandlord any shortfall or Sub-Sublandlord shall credit Sub-Subtenant with respect to any overages paid by Sub-Subtenant.

Optional Building Services. At Sub-Subtenant’s option, Sub-Sublandlord shall also provide Sub-Subtenant during the Term with the building services listed on Schedule 3.6-2 (collectively, the “Optional Building Services”). In the event Sub-Subtenant elects to obtain the Optional Building Services described on Schedule 3.6-2, then Sub-Subtenant shall pay for the Optional Building Services at the reasonable rate charged by Sub-Sublandlord for the same, which shall be consistent with the rates charged by Chinook as such rates may be reasonably modified from time to time during the Sub-Sublease Term (collectively, the “Optional Building Services Fees”), or, in the case of any services not provided by ChinookSublandlord, the Optional Building Service Fees shall be Sub-Subtenant’s Pro Rata Share of such cost. Sub-Subtenant shall pay Sub-Sublandlord the Optional Building Services Fees in advance on a monthly basis, as determined by Sub-Sublandlord, on the first Delivery Date and on the first day of each calendar month thereafter during any period of the Sub-Sublease Term in which the Option Building Services are providedrequested by Subtenant and actually provided by Sublandlord, or at Sub-Sublandlord’s option, in arrears within ten (10) days after receipt of written notice of the amount due and associated support documentation (a “Optional Building Services Statement”). Sub-If both Sublandlord and Subtenant shall request the same Option Building Services, then each party shall pay its pro rata share of the Optional Building Services Fees. Sublandlord shall enforce its rights under the Perfect Day Sublease Master Lease to cause Chinook Master Landlord to maintain books and records showing Optional Building Services Fees in accordance with sound accounting and management practices, consistently applied. Sub-Subtenant or its representative shall have the right, for a period of thirty sixty (3060) days following the date upon which an Optional Building Services Statement is delivered to Sub-Subtenant, to examine ▇▇▇▇▇▇▇Master Landlord’s and Sub-Sublandlord’s books and records with respect to the Optional Building Services items in an Optional Building Services Statement during normal business hours, upon written notice, delivered at least five (5) business days in advance. Promptly upon receipt of such notice, Sub-Sublandlord shall notify Chinook Master Landlord that it desires to examine Master L▇▇▇▇▇▇▇’s books and records as to the Optional Building Services Statement in question and shall arrange to have Sub-Subtenant conduct the examination. If Sub-Subtenant does not object in writing to an Optional Building Services Statement within thirty ninety (3090) days of Sub-Subtenant’s receipt of the Optional Building Services Statement, specifying the nature of the item in dispute and the reasons therefor, then an Optional Building Services Statement shall be considered final and accepted by Sub-Subtenant and Sub-Subtenant shall be deemed to have waived its right to dispute an Optional Building Services Statement. If Sub-Subtenant does dispute an Optional Building Services Statement, Sub-Subtenant shall deliver a copy of any documentation in support of such dispute to Sub-Sublandlord at the time of notification of the dispute. Any amount due to Sub-Sublandlord as shown on an Optional Building Services Statement, whether or not disputed by Sub-Subtenant as provided herein shall be paid by Sub-Subtenant when due as provided above, without prejudice to any such written exception. Upon resolution of any dispute with respect to an Optional Building Services Fee and/or an Optional Building Services Statement, Sub-Subtenant shall either pay Sub-Sublandlord any shortfall or Sub-Sublandlord shall provide a credit Sub-to Subtenant with respect to against the Base Sublease Rent next due in the amount of any overages paid by Sub-Subtenant.