Common use of Verification Procedure Clause in Contracts

Verification Procedure. Upon request of the Lessee, such Revised Rent Amounts and the bases of the computation thereof shall be subject to independent verification by a firm of nationally recognized independent public accountants selected by the Owner Participant and reasonably acceptable to the Lessee. Such accountants shall either (A) confirm to the Lessee and the Lessor in writing that such Revised Rent Amounts were computed on a basis consistent with the requirements of this subsection (f), or (B) compute and provide to the Lessee, the Lessor, the Owner Participant, each Loan Participant, the Indenture Trustee and any Collateral Trust Trustee, Revised Rent Amounts which are computed on such a basis. The Revised Rent Amounts, as so confirmed or computed (as the case may be) shall be conclusive and binding upon the Lessee, the Lessor, the Owner Participant, each Loan Participant, the Indenture Trustee and any Collateral Trust Trustee. The cost of any such verification shall be borne by the Lessee unless such accountants shall require a downward adjustment to the Revised Rent Amounts as computed and furnished by the Owner Participant which is greater than 5% of the amount of the adjustment to Basic Rent so furnished by the Owner Participant, in which case such cost shall be paid by the Owner Participant. If, as a result of any such verification, it is determined that the Lessee has made any overpayment or underpayment of Basic Rent or Supplemental Rent, then such overpayment or underpayment shall be factored into revised computations of the Revised Rent Amounts. Each adjustment pursuant to paragraph (d) or (e) of this Section 3 shall be evidenced by the execution and delivery of a supplement to this Facility Lease in form and substance satisfactory to the Lessee and the Owner Participant, but shall be effective as provided herein without regard to the date on which each supplement to this Facility Lease is so executed and delivered, and the parties hereto shall do such further acts and things as may be reasonably required to effectuate the execution and delivery of such supplement.