Tenant Verification. Tenant shall have the right to inspect, upon reasonable notice, at reasonable times and in a reasonable manner, during the ninety (90) day period following the delivery of Landlord's Year End Statement, such of Landlord's books of account and records as pertain to and contain information concerning the Common Area Charges for such year in order to verify the amounts thereof (herein referred to as a "Tenant Audit"). The Tenant acknowledges and agrees that the calculation of the amounts due on the Year End Statement require a certain threshold level of financial competence and, consequently, if Tenant elects to engage a third party to conduct a Tenant Audit, that third party shall be an independent certified public accountant. If the Tenant Audit is conducted by such an independent certified public accountant, and the fee arrangement between Tenant and such independent certified public accountant is a contingency or similar fee arrangement pursuant to which the Tenant's independent certified public accountant is paid a fee as a percentage of the amount of any reduction that it obtains in the calculation of the amount due from Tenant on account of such Common Area Charges (herein a "Contingency Fee"), then the Tenant shall be obligated to pay a fee to the Landlord in an amount equivalent to the greater of either (i) the amount of all reasonable costs and expenses paid or incurred by Landlord in connection with any such Tenant Audit, including, without limitation, an amount calculated by Landlord to reimburse Landlord, on an hourly basis, for the costs associated with utilizing its own internal accountants and/or property management personnel to facilitate the completion of such a Tenant Audit (the "Landlord's Overhead Fee"), or (ii) the amount of the Contingency Fee, in either case, to reimburse Landlord for the time and expense associated with responding and furnishing information for such Tenant Audit. If such independent certified public accountant is not to be compensated by Tenant with a Contingency Fee, the Tenant shall, nonetheless, be obligated to pay to Landlord the Landlord's Overhead Fee in connection with any such Tenant Audit. The amounts due from Tenant to Landlord on account of the Landlord's Overhead Fee or on account of any such Contingency Fee shall not be due if the results of any such Tenant Audit or any Final Determination, as specified below, result in a credit due to the Tenant in an amount equal to five percent (5%) of the aggregate am...
Tenant Verification. Tenant or its accountants shall have the right to inspect, at reasonable times and in a reasonable manner, during the ninety (90) day period following the delivery of Landlord's statement of the actual amount of Tenant's Annual Rental Adjustment, such of Landlord's books of account and records as pertain to and contain information concerning the Operating Expenses in order to verify the amounts thereof. In the event that an audit by Tenant reveals an error by Landlord of more than five percent (5%) in the aggregate, Landlord shall reimburse Tenant the reasonable cost of the audit, not to exceed Two Thousand Five Hundred Dollars and 00/100 ($2,500.00).
Tenant Verification. Tenant or its accountants shall have the right to inspect, at reasonable times and in a reasonable manner, during the ninety (90) day period following the delivery of Landlord's statement of the actual amount of the Annual Rental Adjustment, such of Landlord's books of account and records as pertain to and contain information concerning such costs and expenses in order to verify the amounts thereof.
Tenant Verification. If Tenant does not agree with Landlord's determination of Operating Expenses, Tenant shall have the right to inspect such of Landlord's books and records as pertain to the Operating Expenses. Such books and records shall be available to Tenant for inspection, upon prior reasonable written notice to Landlord, during the ninety (90) day period following the delivery of Landlord's statement to Tenant. Such inspection sh~ll take place at Landlord's office located at 5600 Blazer Parkway, Suite 100, Dublin, Ohio. Such inspection of Laxxxxxx'x xxxxx xxx xxxxxxx xxxxx xx xxxxxxxxd only by Tenant or a qualified independent certified public accountant that is not being compensated for its services on a contingency fee basis. If as a result of any audit conducted by Tenant, Landlord and Tenant mutually agree in writing (or Tenant obtains a final unappealable judgment to the effect) that any Landlord's statement of actual Operating Expenses was five percent (5%) or more higher than the actual Operating Expenses as determined by such audit, then Landlord agrees (in addition to refunding any overpayment by Tenant) to reimburse Tenant for the reasonable documented out-of-pocket costs paid by Tenant in connection with such audit. Tenant's failure to exercise its rights hereunder within said ninety (90) day period shall be a waiver of its rights to inspect or contest the method, accuracy or amount of the Annual Rental Adjustment and such Annual Rental Adjustment shall be conclusively deemed to be approved and accepted by Tenant. Pending resolution of any dispute with respect to statements of Tenant's Annual Rental Adjustment, Tenant shall pay its Annual Rental Adjustment as shown on such statement, and upon final determination of the amount of Tenant's Annual Rental Adjustment, Landlord shall promptly refund any overpayment to Tenant or Tenant shall promptly pay any amount due to Landlord, as applicable.
Tenant Verification. In the event Tenant is not satisfied with the statement submitted by Landlord pursuant to Section 3.05 hereof in connection with Reimbursement of Operating Expenses, for a period of thirty (30) days following delivery of such statement, Tenant or its accountant shall have the right to inspect, at reasonable times and in reasonable manner, such of Landlord’s books and records as pertain to and contain information concerning the costs and expenses referred to herein as Landlord’s Operating Expenses in order to verify the amounts thereof. Any such inspection of Landlord’s books and records shall be performed at Tenant’s sole cost and expense.
Tenant Verification. Only upon fifteen (15) days written notice to Landlord, Tenant or its accountants shall have the right to inspect, at reasonable times and in a reasonable manner, during the ninety (90) day period following the delivery of Landlord's statement of the actual amount of Tenant's Annual Rental Adjustment, such of Landlord's books of account and records as reasonably pertain to and contain information concerning such costs and expenses in order to verify the amounts thereof. In the event Tenant's examination reveals that an error has been made in Landlord's determination of the Operating Expenses payable by Tenant and Landlord agrees with such determination, then the amount of such adjustment shall be payable by Landlord to Tenant immediately upon demand therefore. In the event Tenant's examination reveals that an error has been made in Landlord's determination of the amount of Operating Expenses payable by Tenant and Landlord disagrees with the results thereof, Landlord and Tenant shall, for up to thirty (30) days thereafter, attempt to reconcile such differences. In the event Landlord and Tenant are unable to reconcile their results, they shall mutually agree on an independent certified public accountant whose determination of the amount of Operating Expenses payable by Tenant under this paragraph shall be conclusive.
Tenant Verification. Tenant or its accountants shall have the right to inspect, at reasonable times and in a reasonable manner at Landlord’s management office located at the Building, during the ninety (90) day period following the delivery of Landlord’s statement of the actual amount of the Annual Rental Adjustment, such of Landlord’s books of account and records as pertain to and contain information concerning such costs and expenses in order to verify the amounts thereof. Tenant agrees that any information obtained during its inspection of Landlord’s books of account and records and any audit of such records delivered by Landlord to Tenant shall be kept in strict confidence by Tenant and its agents and employees and shall not be disclosed to any other parties except as required by law. Unless Tenant shall take written exception of any item and any such statement within such ninety (90) day period, such statement shall considered final and accepted by Tenant.
Tenant Verification. Only upon thirty (30) days written notice to Landlord, Tenant or its accountants shall have the right to inspect, at reasonable times and in a reasonable manner, during the ninety (90) day period following the delivery of Landlord's statement of the actual amount of Tenant's Annual Rental Adjustment, such of Landlord's books of account and records as reasonably pertain to and contain information concerning such costs and expenses in order to verify the amounts thereof. Promptly following Landlord's receipt of such notice from Tenant, Landlord shall make such books and records available for inspection by Tenant or its accountants. In the event Landlord's computation of Tenant's Proportionate Share of Operating Expenses was overstated by more than 20%, Landlord shall pay the reasonable costs of Tenant's audit.
Tenant Verification. Tenant or its accountants shall have the right to inspect, at reasonable times and in a reasonable manner, during the one-year period following the delivery of Landlord's statement of the actual amount of the Additional Rent, such of Landlord's books of account and records as pertain to and contain information concerning such costs and expenses in order to verify the amounts thereof. However, Tenant may only conduct such audit (i) upon not less than thirty (30) days prior notice to Landlord, (ii) at a time mutually agreed upon by Landlord and Tenant during normal business hours, (iii) not more than once during any calendar year, and (iv) if such audit is conducted by employees of Tenant or a national or regional independent certified public accounting firm. Tenant's failure to inspect during the one-year period shall forever waive and terminate Tenant's right to inspect Landlord's books with respect to the Additional Rent set forth in the applicable statement. Except for disclosures required in administrative or judicial proceedings or in any dispute with Landlord under this Lease, Tenant shall keep confidential all information obtained during such audit that is not otherwise publicly available, and shall cause any person conducting such audit on behalf of Tenant to execute an agreement for the benefit of Landlord to do the same.
Tenant Verification. Tenant shall have the right to inspect, upon reasonable notice, at reasonable times and in a reasonable manner, during the ninety (90) day period following the delivery of Landlord's Year-End Statement, such of Landlord's books of account and records as pertain to or contain information concerning the Operating Costs for such year in order to verify the amounts thereof (herein referred to as a "Tenant Audit"). If Tenant fails to specifically identify to Landlord any errors or omissions in the Year-End Statement within such ninety (90) day period, the amounts due to Landlord or to be credited to Tenant, as reflected on the Year-End Statement, shall be conclusively due in the manner set forth in such Year-End Statement. If, within such ninety (90) day period, Tenant specifically identifies to Landlord any errors or omissions in the Year-End Statement, and provides a copy of the Tenant Audit to Landlord to verify such errors or omissions, Landlord shall promptly correct and re-issue the Year-End Statement and the terms of Section 6.4.5 shall apply. If and to the extent that the actual amount of the Annual Rent Adjustment, as determined by the Tenant Audit, is at least five percent (5%) less than the amounts indicated to be due from Tenant on the Landlord's initial Year-End Statement, Landlord shall pay or reimburse Tenant for the costs and expenses associated with obtaining the Tenant Audit. In all other cases, the Tenant shall be responsible for the cost of obtaining the Tenant Audit.
