STATEMENT OF LANDLORD. As soon as feasible after the expiration of each calendar year, Landlord will furnish Tenant a statement (“Landlord’s Statement”) showing the following:
STATEMENT OF LANDLORD. Within one hundred twenty (120) days after the end of each calendar year or as soon thereafter as reasonably possible, Landlord will furnish Tenant a statement (“Landlord’s Statement”) showing the following:
STATEMENT OF LANDLORD. As soon as feasible after the expiration of the Operating Expenses Base Year and the Taxes Base Year, and each Adjustment Year thereafter, Landlord will furnish Tenant a statement ("Landlord's Statement") showing the following:
STATEMENT OF LANDLORD. Within one hundred twenty (120) days after the expiration of the Base Year and each Adjustment Year thereafter, Landlord will furnish Tenant a statement (“Landlord’s Statement”) showing the following:
STATEMENT OF LANDLORD. On or before April 1 of each calendar year (or as soon thereafter as practical), Landlord will furnish Tenant a statement (“Landlord’s Statement”) respecting the prior calendar year showing the following:
STATEMENT OF LANDLORD. Landlord shall use commercially reasonably efforts to furnish to Tenant, within 120 days following the expiration of each calendar year (but in any event as soon as feasible after the expiration of each calendar year), a statement (“Landlord’s Statement”) showing the following:
STATEMENT OF LANDLORD. As soon as practical after the expiration of each calendar year (with Landlord making commercially reasonable efforts to do so no later than March 30 of the following calendar year), Landlord will furnish Tenant with a statement respecting the prior calendar year (“Landlord’s Statement”) showing the following:
STATEMENT OF LANDLORD. The following shall be added at the end of Section 4.2: “Notwithstanding anything to the contrary contained in this Lease, if Landlord has not delivered a Statement for any calendar year during the Term (including the calendar year in which the Lease terminates) by the date that is twelve (12) months after the end of the calendar year in question, Tenant shall not be obligated to pay Tenant’s Share of Operating Expenses or Taxes in excess of the estimated Operating Expenses and Taxes paid by Tenant as Rent Adjustment Deposits for such calendar year. Landlord shall be able to adjust a Statement after said 12-month period only to the extent of valid costs and expenses which Landlord had no knowledge of earlier.”
STATEMENT OF LANDLORD. As soon as feasible after the expiration of the Operating Expenses Base Year and the Taxes Base Year, and each Adjustment Year thereafter (provided however, Landlord shall use commercially reasonable efforts to furnish the statement of actual Expenses on or before June 1 of the calendar year immediately following the calendar year to which the statement applies) Landlord will furnish Tenant a statement (“Landlord’s Statement”) showing the following:
STATEMENT OF LANDLORD. Landlord shall use commercially reasonable efforts to furnish to Tenant an operating statement showing the actual Operating Expenses incurred for the preceding calendar year within 120 days after the end of each calendar year. Tenant shall either receive a refund or be assessed an additional sum based upon the difference between Tenant’s Share of the actual Operating Expenses and the Additional Rent payments made by Tenant during said year. Any additional sum owed by one party to the other shall be paid within thirty (30) days of receipt of assessment. Landlord shall maintain books and records showing Operating Expenses and real estate taxes in accordance with sound accounting and management practices, consistently applied. The Tenant or its representative (which representative shall be a certified public accountant, in no manner compensated on a contingency basis, licensed to do business in the state in which the Property is located) shall have the right, for a period of forty five (45) days following the date upon which Landlord’s statement is delivered to Tenant, to examine Operating Expenses and Taxes during Standard Operating Hours, upon written notice, delivered at least three (3) business days in advance. If Tenant does not object in writing to Landlord’s statement within forty five (45) days of Tenant’s receipt thereof, specifying the nature of the item in dispute and the reasons therefore, then Landlord’s statement shall be considered final and accepted by Tenant. If Operating Expenses or Taxes for any calendar year are overstated by more than four percent (4%), the third party costs and expenses of Tenant’s review shall be split equally between Landlord and Tenant. Any amount due to the Landlord as shown on Landlord’s statement, whether or not disputed by Tenant as provided herein shall be paid by Tenant when due as provided above, without prejudice to any such written exception. The respective obligations of the parties hereto pursuant to this Section 4.02 shall survive the termination of this Lease.
