Tenant Audit Right. Within ninety (90) days after receipt of a Statement (“Audit Period”), Tenant shall be entitled, upon no less than five (5) days united notice to Landlord and during business hours at Landlord’s office or such other place as Landlord shall designate, to inspect and examine those books and records of Landlord relating to the determination of the Impounds charged to Tenant for the calendar year for which the Statement was prepared. In no event shall Tenant have the right to review Landlord’s tax returns or other books and records which are confidential and/or would not otherwise pertain to the Impound payments. The inspection of Landlord’s records :shall be performed by a national public accounting firm or a firm which is otherwise reasonably acceptable to Landlord (“Qualified Firm”). Tenant agrees and acknowledges that the selected Qualified Firm may not already be providing primary accounting services to Tenant nor shall it have provided primary accounting services to Tenant in the past three (3) years and may not be paid on a contingency basis. The examination must be conducted within ten (10) days of such taxes and records being made evadable to Tenant (“Examination Period”). The Qualified Firm shall prepare a report indicating the results of the review (the “Report”). If the Report discloses that the amount of the Impounds billed to Tenant was incorrect, the 1 Landlord estimates that the Impounds for 2011 will be $1,200/month appropriate party shall pay the other party the deficiency or overpayment, as applicable, unless Landlord disputes the Report within thirty (30) days after the receipt of the Report by Landlord. If Landlord disputes the Report within this thirty (30) day period, Landlord and Tenant shall agree upon another Qualified Firm to review and verify the Impounds and provide the results thereof to Landlord and Tenant (the “Reconciliation Audit”). In such event, the determination as set forth in the Reconciliation Audit shall be binding upon Landlord and Tenant. All costs and expenses of the audit generating the Report shall be paid by Tenant unless the audit shows that the Landlord overstated the Impound Expenses in the Statement by more than five (5%), in which event Landlord shall pay the cost and expense of such audit. Notwithstanding the foregoing, in the event the Reconciliation Audit is performed, Landlord and Tenant shall each pay one-half of the cost of the Reconciliation Audit. The exercise by Tenant by its audit rights hereunder s...
Tenant Audit Right. In the event that Tenant has the right to inspect and audit the books, records and other documents of the landlord under the Lease which evidence the purchase price of the Real Property, the development and construction costs of the Improvements, and/or common area maintenance costs and expenses, Seller hereby covenants and agrees that it shall retain such books, records and other documents which will enable Tenant to conduct a full and complete audit thereof until the date that is six (6) months after the latest date that Tenant could demand an inspection and/or audit thereof pursuant to the Lease and, upon written request therefore from Buyer, or any successor or assign, thereof, shall provide both Buyer and Tenant with reasonable access thereto and otherwise reasonably cooperate with both Buyer and Tenant with respect to such inspection and/or audit by Tenant. In the event Tenant claims any right to a credit, refund or other reimbursement as a result of such audit, Seller shall indemnify, hold harmless and defend the Indemnified Parties from any and all Claims relating thereto or arising therefrom. The provisions of this Section 40 shall survive XXX.
Tenant Audit Right. If Tenant has the right to inspect and audit any books, records or other documents of the landlord under the Lease, Seller agrees to retain such books, records and other documents to enable Tenant to conduct a full and complete audit thereof until the date that is six (6) months after the latest date that Tenant could demand an inspection and/or audit thereof pursuant to the Lease. Upon written request from Buyer, Seller will provide both Buyer and Tenant with reasonable access to such books, records and other documents and otherwise reasonably cooperate with both Buyer and Tenant with respect to such inspection or audit by Tenant. If Tenant claims any right to a credit, refund or other reimbursement as a result of such inspection or audit, Seller will indemnify, defend and hold harmless the Buyer Indemnified Parties from and against any Claims relating thereto or arising therefrom. The provisions of this Section shall survive Closing.
Tenant Audit Right. (a) Landlord shall maintain its books and records relating to Operating Expenses for a period of at least three (3) years following the year in which such Operating Expenses were incurred, in a manner that is consistent with generally accepted accounting principles consistently applied to the extent applicable to cash-basis accounting. Such books and records shall be available after at least five (5) business days’ request by Tenant at Landlord’s office during normal business hours for audit, examination and copying by Tenant and Tenant’s employees or agents during such period, at Tenant’s sole cost and expense, provided that:
Tenant Audit Right. Tenant shall have the right, at its sole cost and expense, to audit Landlord's records at the Manager's office relating to Real Estate Taxes and Operating Expenses for the Base Year and any subsequent year solely for the purpose of determining the amounts paid by Tenant pursuant to Section 6 of this Lease. However, Tenant may only conduct an audit (i) upon reasonable notice to Landlord so as to allow landlord sufficient time to compile its records and make them available to Tenant at Manager's office and upon reimbursement to Landlord for its costs and expenses incurred in connection with such audit; (ii) not more than sixty (60) days after Tenant receives the Annual Statement of Real Estate Taxes and Operating Expenses for the subject year, regardless of whether the year in question is the Base Year or any subsequent year, and (iii) not more than once during any Lease Year.
Tenant Audit Right. SECTION 7-Insurance Section 7.1 Tenant's Insurance Section 7.2 Requirements Applicable to Insurance Policies Section 7.3
Tenant Audit Right. (a) Landlord shall maintain its books and records relating to Operating Expenses for a period of at least three (3) years following the year in which such Operating Expenses were incurred, in a manner that is consistent with GAAP. Such books and records shall be available after at least ten (10) business days’ request by Tenant at Landlord’s office during normal business hours for audit, examination and copying by Tenant and Tenant’s employees, agents or external auditors during such period, at Tenant’s sole cost and expense (including Landlord’s out-of-pocket costs incurred as a result of such audit); provided, that the right to initiate such audit shall expire within sixty (60) days after receipt of an Actual OpEx Statement with respect to the Operating Expenses covered thereby, and that:
Tenant Audit Right. If any Tenant has the right to inspect and audit any books, records or other documents of the landlord under its Lease, Seller agrees to retain such books, records and other documents to enable such Tenant to conduct a full and complete audit thereof until the date that is six (6) months after the latest date that such Tenant could demand an inspection and/or audit thereof pursuant to its Lease. Upon written request from Buyer, Seller will provide both Buyer and such Tenant with reasonable access to such books, records and other documents and otherwise reasonably cooperate with both Buyer and such Tenant with respect to such inspection or audit by such Tenant. If any Tenant claims any right to a credit, refund or other reimbursement as a result of such inspection or audit, Seller will indemnify, defend and hold harmless the Buyer Indemnified Parties from and against any Claims relating thereto or arising therefrom to the extent the same relate to any period(s) prior to Closing. The provisions of this Section shall survive Closing. Master Purchase and Sale Agreement MT – Louisville, Kentucky; Rockford, Illinois
Tenant Audit Right. In the event that Tenant has the right to inspect and audit the books, records and other documents of the landlord under the Lease which evidence the purchase price of the Real Property, the development and construction costs of the Improvements, and/or common area maintenance costs and expenses, Seller hereby covenants and agrees that it shall retain such books, records and other documents which will enable Tenant to conduct a full and complete audit thereof until the date that is six (6) months after the latest date that Tenant could demand an inspection and/or audit thereof pursuant to the Lease and, upon written request therefore from Buyer, or any successor or assign, thereof, shall provide both Buyer and Tenant with reasonable access thereto and otherwise reasonably cooperate with both Buyer and Tenant with respect to such inspection and/or audit by Tenant. The provisions of this Section 40 shall survive XXX.
Tenant Audit Right. In the event that Tenant has the right to inspect and audit the books, records and other documents of the landlord under any of the Leases which evidence the purchase price of the Real Property, the development and construction costs of the Improvements, and/or common area maintenance costs and expenses, Seller hereby covenants and agrees that it shall retain such books, records and other documents currently in its possession or that come into its possession between the Effective Date and XXX which will enable Tenant to conduct a full and complete audit thereof until the date that is six (6) months after the latest date that Tenant could demand an inspection and/or audit thereof pursuant to such Lease and, upon written request therefore from Buyer, or any successor or assign, thereof, shall provide both Buyer and Tenant with reasonable access thereto and otherwise reasonably cooperate with both Buyer and Tenant with respect to such inspection and/or audit by Tenant. In the event Tenant claims any right to a credit, refund or other reimbursement as a result of such audit, Seller shall indemnify, hold harmless and defend the Indemnified Parties from any and all Claims relating thereto or arising therefrom. The provisions of this Section 40 shall survive XXX for a period of three (3) years.
