Common use of Tenant Audit Clause in Contracts

Tenant Audit. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under Paragraph 7.B or 7.C. above, Tenant shall have the right, not later than thirty (30) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause Landlord's books and records with respect to Basic Operating Cost for such fiscal year to be audited by certified public accountants selected by Tenant and subject to Landlord's reasonable right of approval. The Basic Operating Cost Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of seven and one half percent (7.5%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by Tenant. If Tenant shall not request an audit in accordance with the provisions of this Paragraph 7.E. within twenty (20) days after receipt of Landlord's statement provided pursuant to Paragraph 7.8. or 7.C., such statement shall be final and binding for all purposes hereof.

Tenant Audit. In the event that If Tenant shall dispute the amount set forth in any statement provided by Landlord under Paragraph 7.B 7.B. or 7.C. above, Tenant shall have the right, not later than thirty sixty (3060) twenty (20) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause Landlord's ’s books and records with respect to Basic Operating Cost Expenses for such fiscal year to be audited by certified public accountants selected by Tenant and subject to Landlord's ’s reasonable right of approval. The Basic Operating Cost Expense Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of seven and one half ten percent (7.510%) of Tenant's ’s Proportionate Share of the Basic Operating Cost Adjustment Expenses previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by Tenant. If Tenant shall not request an audit in accordance with the provisions of this Paragraph 7.E. 7.E within sixty (60) twenty (20) days after receipt of Landlord's ’s statement provided pursuant to Paragraph 7.8. 7.B. or 7.C., such statement shall be final and binding for all purposes hereof.

Tenant Audit. In the event that If Tenant shall dispute the amount set forth in any statement provided by Landlord under Paragraph 7.B 7.B. or 7.C. above, Tenant shall have the right, not later than thirty six (306) days months following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause Landlord's books and records with respect to Basic Operating Cost Expenses for such fiscal year to be audited by certified public accountants selected by Tenant and subject to Landlord's reasonable reasonably right of approval. The Basic Operating Cost Expense Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of seven and one half five percent (7.55%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment Expenses previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by Tenant. If Tenant shall not request an audit in accordance with the provisions of this Paragraph 7.E. within twenty six (206) days months after receipt of Landlord's statement provided pursuant to Paragraph 7.8. 7.B. or 7.C., such statement shall be final and binding for all purposes hereof, absent manifest error.

Tenant Audit. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under Paragraph 7.B 7.B. or 7.C. above, Tenant shall have the right, not later than thirty (30) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause Landlord's books and records with respect to Basic Operating Cost for such fiscal year to be audited by certified public accountants selected by Tenant and subject to Landlord's reasonable right of approval. The Basic Operating Cost Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of seven and one half ten percent (7.510%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by TenantXxxxxx. If Tenant shall not request an audit in accordance with the provisions of this Paragraph 7.E. Paragraph, i.e., within twenty thirty (2030) days after receipt of Landlord's statement provided pursuant to Paragraph 7.8. 7.B. or 7.C., such statement shall be final and binding for all purposes hereof.

Tenant Audit. In the event that If Tenant shall dispute the amount set forth in any statement provided by Landlord under Paragraph 7.B 7.B. or 7.C. above, Tenant shall have the right, not later than thirty sixty (3060) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause Landlord's books and records with respect to Basic Operating Cost Expenses for such fiscal year to be audited by certified public accountants selected by Tenant and subject to Landlord's reasonable right of approvalwho are not paid on a contingency basis . The Basic Operating Cost Expense Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of seven and one half ten percent (7.510%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment Expenses previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by Tenant. If Tenant shall not request an audit in accordance with the provisions of this Paragraph 7.E. within twenty sixty (2060) days after receipt of Landlord's statement provided pursuant to Paragraph 7.8. 7.B. or 7.C., such statement shall be final and binding for all purposes hereof.

Tenant Audit. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under Paragraph 7.B 7.B. or 7.C. above, Tenant shall have the right, not later than thirty sixty (3060) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in disputedispute within sixty (60) days of receipt of such statement, to cause Landlord's Lxxxxxxx’s books and records with respect to Basic Operating Cost for such fiscal year to be audited by certified public accountants selected by Tenant Txxxxx and subject to Landlord's ’s reasonable right of approval. The Basic Operating Cost Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of seven and one half percent ten (7.510%) percent of Tenant's ’s Proportionate Share of the Basic Operating Cost Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by TenantTxxxxx. If Tenant shall not request an audit in accordance with the provisions of this Paragraph 7.E. within twenty sixty (2060) days after receipt of Landlord's ’s statement provided pursuant to Paragraph 7.8. 7.B. or 7.C., such statement shall be final and binding for all purposes hereof.

Tenant Audit. In the event that If Tenant shall dispute the amount set forth in any statement provided by Landlord under Paragraph 7.B 7.B. or 7.C. above, Tenant shall have the right, not later than thirty forty-five (3045) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause Landlord's books and records with respect to Basic Operating Cost Expenses for such fiscal year to be audited by certified public accountants selected by Tenant and subject to Landlord's reasonable right of approval. The Basic Operating Cost Expense Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of seven and one half ten percent (7.510%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment Expenses previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by Tenant. If Tenant shall not request an audit in accordance with the provisions of this Paragraph 7.E. within twenty forty-five (2045) days after receipt of Landlord's statement provided pursuant to Paragraph 7.8. 7.B. or 7.C., such statement shall be final and binding for all purposes hereof.

Tenant Audit. In the event that If Tenant shall dispute the amount set forth in any statement provided by Landlord under Paragraph 7.B 7.B. or 7.C. above, Tenant shall have the right, not later than thirty twenty (3020) days six (6) months following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause Landlord's books and records with respect to Basic Operating Cost Expenses for such fiscal year to be audited by certified public accountants selected by Tenant and subject to Landlord's reasonable right of approval. The Basic Operating Cost Expense Adjustment shall be appropriately approximately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of seven and one half ten five percent (7.510%) (5%) of Tenant's Proportionate proportionate Share of the Basic Operating Cost Adjustment Expenses previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by Tenant. If Tenant shall not request an audit in accordance with the provisions of this Paragraph 7.E. within twenty (20) days six (6) months after receipt of Landlord's statement provided pursuant to Paragraph 7.8. 7.B. or 7.C., such statement shall be final and binding for all purposes hereof, absent manifest error.

Tenant Audit. In the event that If Tenant shall dispute the amount set forth in any statement provided by Landlord under Paragraph 7.B 7.2 or 7.C. 7.3 above, Tenant shall have the right, not later than thirty forty five (3045) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause Landlord's books and records with respect to Basic Operating Cost Expenses for such fiscal year to be audited by certified public accountants selected by Tenant and subject to Landlord's reasonable right of approval. The Basic Operating Cost Expense Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of seven and one half five percent (7.55%) of Tenant's Proportionate Share of the Basic Operating Cost Expense Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by Tenant. If Tenant shall not request an audit in accordance with the provisions of this Paragraph 7.E. 7.5 within twenty forty five (2045) days after receipt of Landlord's statement provided pursuant to Paragraph 7.8. 7.2 or 7.C.7.3, such statement shall be final and binding for all purposes hereof.

Tenant Audit. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under Paragraph 7.B 7.B. or 7.C. above, Tenant shall have the right, not later than thirty twenty (3020) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause Landlord's books and records with respect to Basic Operating Cost Expenses for such fiscal year to be audited by certified public accountants selected by Tenant and subject to Landlord's reasonable right of approval. The Basic Operating Cost Expense Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of seven and one half ten percent (7.510%) of Tenant's Proportionate Share of the Basic Operating Cost Expenses Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by Tenant. If Tenant shall not request an audit in accordance with the provisions of this Paragraph 7.E. within twenty (20) days after receipt of Landlord's statement provided pursuant to Paragraph 7.8. 7.B. or 7.C., such statement shall be final and binding for all purposes hereof.

Tenant Audit. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under Paragraph 7.B or 7.C. above, Tenant shall have the right, not later than thirty twenty (3020) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause Landlord's books and records with respect to Basic Operating Cost for such fiscal year to be audited by certified public accountants selected by Tenant and subject to Landlord's reasonable right of approval. The Basic Operating Cost Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of seven and one half five percent (7.55%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment previously reported, the cost of such audit shall be borne by Landlord; : otherwise the cost of such audit shall be paid by Tenant. If Tenant shall not request an audit in accordance with the provisions of this Paragraph 7.E. within twenty (20) days after receipt of Landlord's statement provided pursuant to Paragraph 7.8. 7.B. or 7.C., such statement shall be final and binding for all purposes hereof.

Tenant Audit. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under Paragraph 7.B 7.B. or 7.C. above, Tenant shall have the right, not later than thirty sixty (3060) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in disputedispute within sixty (60) days of receipt of such statement, to cause Landlord's books and records rxxxxxx with respect to Basic Operating Cost for such fiscal year to be audited by certified public accountants selected by Tenant and subject to LandlordXxxxxxrd's reasonable right of approval. The Basic Operating Cost Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of seven and one half percent five (7.55%) percent of Tenant's Proportionate Share of the Basic Operating Cost Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by Tenant. If Tenant shall not shaxx xxx request an audit in accordance with the provisions of this Paragraph 7.E. within twenty sixty (2060) days after receipt of Landlord's statement provided pursuant to Paragraph 7.8. 7.B. or 7.C., such statement shall be final and binding for all purposes hereof.

Tenant Audit. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under Paragraph 7.B 7(b) or 7.C. 7(c) above, Tenant shall have the right, not later than thirty sixty (3060) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause Landlord's books and records with respect to Basic Operating Cost for such fiscal year to be audited by certified public accountants representatives selected by Tenant and subject to Landlord's reasonable right of approval. The Basic Operating Cost Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of seven and one half four percent (7.54%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment previously reportedfor such fiscal year, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by Tenant. If Tenant shall not request an audit in accordance with the provisions of this Paragraph 7.E. 7(e) within twenty sixty (2060) days after receipt of Landlord's statement provided pursuant to Paragraph 7.8. 7(b) or 7.C.7(c), such statement shall be final and binding for all purposes hereof, except for computation errors.

Tenant Audit. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under Paragraph 7.B 7.B. or 7.C. above, Tenant shall have the right, not later than thirty ninety (3090) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause Landlord's books and records with respect to Basic Operating Cost for such fiscal year to be audited by certified public accountants selected by Tenant Xxxxxx and subject to Landlord's reasonable right of approval. The Basic Operating Cost Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of seven and one half ten percent (7.510%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by TenantXxxxxx. If Tenant shall not request an audit in accordance with the provisions of this Paragraph 7.E. within twenty ninety (2090) days after receipt of Landlord's statement provided pursuant to Paragraph 7.8. 7.B. or 7.C., such statement shall be final and binding for all purposes hereof.

Tenant Audit. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under Paragraph 7.B or 7.C. 7.C above, Tenant shall have the right, not later than thirty sixty (3060) days following the receipt of such statement and upon the condition that Tenant shall first deposit with have paid Landlord the full amount in disputethat has been invoiced, to cause Landlord's books and records with respect to Basic Operating Cost for such fiscal year to be audited by certified public accountants selected by Tenant and subject to Landlord's reasonable right of approval. The Basic Operating Cost Adjustment shall be appropriately adjusted on the basis of such auditaudit and the appropriate party shall pay to the other all amounts found by such audit to be owing within thirty (30) days. If such audit discloses a liability for a refund in excess of seven and one half five percent (7.55%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by Tenant. If Tenant shall not request an audit in accordance with the provisions of this Paragraph 7.E. 7.E within twenty sixty (2060) days after receipt of Landlord's statement provided pursuant to Paragraph 7.8. 7.B or 7.C.7.C, such statement shall be final and binding for all purposes hereof.

Tenant Audit. In the event that If Tenant shall dispute the amount set forth in any statement provided by Landlord under Paragraph 7.B 7.2 or 7.C. 7.3 above, Tenant shall have the right, not later than thirty forty five (3045) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause Landlord's ’s books and records with respect to Basic Operating Cost Expenses for such fiscal year to be audited by certified public accountants selected by Tenant and subject to Landlord's ’s reasonable right of approval. The Basic Operating Cost Expense Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of seven and one half five percent (7.55%) of Tenant's ’s Proportionate Share of the Basic Operating Cost Expense Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by Tenant. If Tenant shall not request an audit in accordance with the provisions of this Paragraph 7.E. 7.5 within twenty forty five (2045) days after receipt of Landlord's ’s statement provided pursuant to Paragraph 7.8. 7.2 or 7.C.7.3, such statement shall be final and binding for all purposes hereof.

Tenant Audit. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under Paragraph 7.B 7.B. or 7.C. above, Tenant shall have the right, not later than thirty FORTY-FIVE (3045) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause Landlord's books and records with respect to Basic Operating Cost Expenses for such fiscal year to be audited by certified public accountants selected by Tenant and subject to Landlord's reasonable right of approval. The Basic Operating Cost Expense Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of seven and one half ten percent (7.510%) of Tenant's Proportionate Share of the Basic Operating Cost Expense Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by Tenant. If Tenant shall not request an audit in accordance with the provisions of this Paragraph 7.E. within twenty FORTY-FIVE (2045) days after receipt of Landlord's statement provided pursuant to Paragraph 7.8. 7.B. or 7.C., such statement shall be final and binding for all purposes hereof.

Tenant Audit. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under Paragraph 7.B 7.B. or 7.C. above, Tenant shall have the right, not later than thirty (30) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause Landlord's books and records with respect to Basic Operating Cost for such fiscal year to be audited by certified public accountants selected by Tenant and subject to Landlord's reasonable right of approval. The Basic Operating Cost Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of seven and one half ten percent (7.510%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by Tenant. If Tenant shall not request an audit in accordance with the provisions of this Paragraph 7.E. 7,E. within twenty thirty (2030) days after receipt of Landlord's statement provided pursuant to Paragraph 7.8. 7.B. or 7.C., such statement shall be final and binding for all purposes hereof. 8.

Tenant Audit. In the event that If Tenant shall dispute the amount set forth in any statement provided by Landlord under Paragraph 7.B 7.B. or 7.C. above, Tenant shall have the right, not later than thirty forty-five (3045) days following the receipt of such statement --------------- and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause Landlord's books and records with respect to Basic Operating Cost Expenses for such fiscal year to be audited by certified public accountants selected by Tenant and subject to Landlord's reasonable right of approval. The Basic Operating Cost Expense Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of seven and one half five percent (7.55%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment ---- - Expenses previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by Tenant. If Tenant shall not request an audit in accordance with the provisions of this Paragraph 7.E. within twenty forty-five (2045) days after receipt of Landlord's statement provided pursuant to --------------- Paragraph 7.8. 7.B or 7.C., such statement shall be final and binding for all purposes hereof.

Tenant Audit. In the event that If Tenant shall dispute the amount set forth in any statement provided by Landlord under Paragraph 7.B 7.B. or 7.C. above, Tenant shall have the right, not later than thirty twenty (3020) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause Landlord's books and records with respect to Basic Operating Cost Expenses for such fiscal year to be audited by certified public accountants selected by Tenant and subject to Landlord's reasonable right of approval. The Basic Operating Cost Expense Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of seven and one half ten percent (7.510%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment Expenses previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by Tenant. If Tenant shall not request an audit in accordance with the provisions of this Paragraph 7.E. within twenty (20) days after receipt of Landlord's statement provided pursuant to Paragraph 7.8. 7.B. or 7.C., such statement shall be final and binding for all purposes hereof.

Tenant Audit. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under Paragraph 7.B 7.B. or 7.C. above, Tenant shall have the right, not later than thirty twenty (3020) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause Landlord's books and records with respect to Basic Operating Cost Expenses for such fiscal year to be audited by certified public accountants selected by Tenant and subject to Landlord's reasonable right of approval. The Basic Operating Cost Expense Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of seven and one half ten percent (7.510%) of Tenant's Proportionate Share of the Basic Operating Cost Expense Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by Tenant. If Tenant shall not request an audit in accordance with the provisions of this Paragraph 7.E. within twenty (20) days after receipt of Landlord's statement provided pursuant to Paragraph 7.8. 7.B. or 7.C., such statement shall be final and binding for all purposes hereof.