Tenant’s Audit Right. Tenant shall have the right to audit the amounts shown on Landlord’s Statement in accordance with this Section 5.13, provided that Tenant must notify Landlord that it wishes to commence such audit in accordance with this Section 5.13 within twenty-four (24) months after the later of (i) Tenant’s receipt of such Landlord’s Statement or (ii) the termination of this Lease (the “Review Period”). If Tenant gives such notice to Landlord, then Tenant, or its authorized agent which shall be a non-contingency fee certified public accountant or auditing firm, shall have the right, at its own cost and expense (without a requirement that Tenant pay Landlord’s costs in complying with this provision), to inspect and/or audit Landlord’s detailed records each year with respect to Building Operating Costs and Common Area Operating Costs set forth in such Landlord’s Statement within 120 days after the date of Tenant’s notice. If Tenant does not notify Landlord that it intends to commence an audit within such Review Period, Tenant shall have waived its right to audit such Landlord’s Statement. Tenant shall, and shall use its commercially reasonable efforts to cause its agents and employees to, maintain all information contained in Landlord’s books and records in strict confidence. Landlord agrees to retain such records for Tenant’s Base Year and all subsequent Calendar Years associated with the Lease, regardless of whether or not such periods were prior to Landlord’s ownership of the Building and/or Park Place Project, until five (5) years following the termination of this Lease. Within fifteen (15) business days following Tenant’s written notice to Landlord of its desire to review Landlord’s books and records, Landlord shall forward to Tenant or Tenant’s authorized representative a full and complete copy of the Building’s and the Park Place Project’s respective general ledgers, and all escalation worksheets and their supporting documentation for each year being reviewed. General ledgers shall be the type printed from Landlord’s particular computerized accounting system which reflect: (a) the full year’s listing of expenses with each such expense listed under its applicable account (which account has its name and number clearly specified) and with each account’s expenses summarized by account balances, and (b) for each expense, the date of the expense, the payee/vendor, the amount (including debits and credits), and the transaction description (reflecting an explanation of w...
Tenant’s Audit Right. Tenant shall have the right to conduct an audit of Landlord’s books and records relating to Expenses, Taxes and Insurance Expenses in accordance with the following terms and provisions, provided that Tenant delivers written notice of its intent to audit within ninety (90) days after receipt by Tenant of a Final Statement and completes such audit within thirty (30) days after the date Landlord makes Landlord’s books and records available to Tenant:
Tenant’s Audit Right. Tenant shall have the right to audit the current year’s expense statement issued by or on behalf of Landlord by written notice given to Landlord within 60 days after receipt of that statement. Such audit shall be conducted in the offices of Landlord’s property manager at the cost of Tenant. Tenant shall keep all of the information disclosed in the course of such audit confidential, and shall require all of its consultants to agree in writing directed to Landlord to keep all such information confidential. Tenant agrees that such audits shall not be permitted to be conducted on a contingency fee basis.
Tenant’s Audit Right. Subject to the provisions of this paragraph, Tenant shall have the right, at Tenant's cost and expense, to examine all documentation and calculations prepared in the determination of Operating Expenses Allocable to the Premises and Landlord's Tax Expenses Allocable to the Premises (as defined in Section 2.7 below) (Collectively, the "Total Expenses"):
Tenant’s Audit Right. Subject to the provisions of this Section 7.6 and provided that no Event of Default of Tenant exists, Tenant shall have the right to examine the correctness of any of the Landlord’s Tax Expenses statement (“Tax Expense Statement”) and/or Landlord’s Operating Expense Statement or any item contained therein:
Tenant’s Audit Right. In the event that the Auditor finds an error in Landlord's statement of Operating Expenses, Tenant and/or Landlord shall have the right to require the Auditor by notice to the Auditor and the other party within sixty (60) days after receipt of the Auditor's notice of error, to review Landlord's books and records relating to Operating Expenses for preceding years for the purpose of determining whether the same error resulted in an overcharge or undercharge to Tenant with respect to the same or substantially similar line items in such preceding years, and if so, any undercharge shall be paid by Tenant within thirty (30) after notice from the Auditor of such undercharge or, any overcharge to Tenant shall be adjusted by a credit in the amount of such overpayment against Tenant's next required payment of Rent, or in the event that the Term has expired or terminated, by payment to Tenant within thirty day after notice to Landlord of any such overpayment. The provisions of this Section 4.06 shall survive the expiration or earlier termination of this Lease.
Tenant’s Audit Right. (1) In the event Tenant desires to review or audit any annual statement of actual Operating Expenses and/or Taxes, Tenant shall notify Landlord in writing within one hundred eighty (180) days of receiving such statement (failing which, such statement shall be deemed conclusive). Not earlier than twenty (20) days, nor later than one hundred twenty (120) days after such notice is delivered to Landlord, Tenant shall have the right to inspect and review, or to cause an independent, certified public accountant employed by Tenant to inspect and audit Landlord's books and records relating to the calendar year to which the statement relates, at the Washington, D.C. metropolitan area office of Landlord's managing agent during regular business hours. In the event Tenant elects to employ a certified public accountant for purposes of conducting such inspection and review, such certified public account shall have at least five (5) years experience as a certified public accountant; provided that, no such certified public accountant shall be compensated on a contingency fee basis.
Tenant’s Audit Right. Landlord agrees to provide to Tenant, within sixty (60) days after written notice ("Tenant's Audit Notice") from Tenant to Landlord, an audit (the "Audit") of Shopping Center Operating Expense prepared and certified to by an independent accounting firm selected by Landlord. Tenant's Audit Notice shall be given, if at all, only within one hundred twenty (120) days after Tenant receives the annual reconciliation of Shopping Center Operating Expense pursuant to the provisions of Article VIII, Section 8.4. In the event Landlord does not provide the Audit to Tenant within sixty (60) days after Tenant's Audit Notice, and provided that Tenant is not then in default of the terms and conditions of this Lease, then Tenant shall have the right once within twelve (12) months after the end of the calendar year for which Tenant has given Tenant's Audit Notice to cause an audit of the books of account, documents and records of Landlord relating to Shopping Center Operating Expense for such calendar year to be made by an independent certified public accountant selected by Tenant, and Landlord, upon fifteen (15) days
Tenant’s Audit Right. Tenant shall continue to have the right to audit Landlord’s books and records with respect to the Expansion Space on the terms and conditions set forth in Section 3.4(e) of the Lease, except that (i) reference to “seven percent (7%)” in the tenth (10th) line from the bottom of such Section shall be deleted and replaced with “five percent (5%)” and (ii) effective as of the date hereof, Landlord shall maintain its books and records for two (2) years following the expiration or earlier termination of the Lease.
Tenant’s Audit Right. Tenant shall have the right to audit the current fiscal year's expense statement issued by or on behalf of Landlord by written notice given to Landlord within 60 days after receipt of that statement. Such audit shall be conducted in the offices of Landlord's property manager at the cost of Tenant. Tenant shall pay to the property manager its standard hourly rates for the time spent by the property manager's principals and employees in connection with Tenant's audit. Tenant shall keep all of the information disclosed in the course of such audit confidential (provided that it may be disclosed to its attorneys and financial advisors), and shall require all of its consultants to agree in writing directed to the Landlord to keep all such information confidential. Tenant agrees that such audits shall not be permitted to be conducted on a contingency fee basis. Should such audit uncover either an overage or a shortage of expenses charged to the Tenant greater than 3% for the year's period being audited, the correcting amount shall be paid to the counterparty within 30 days thereafter.
