Tenant Verification. Landlord shall keep complete books and records in reasonable detail and copies of invoices regarding Operating Expenses for a period of two (2) years after the end of the year to which such books, records and invoices apply. In addition, Landlord shall furnish to Tenant tax bills evidencing payment and, on request, copies of applicable invoices. Tenant, its accountants or agents, shall have the right to inspect, at reasonable times and in a reasonable manner, 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. If Tenant’s audit discloses an overpayment by Tenant of Operating Expenses, Landlord shall reimburse Tenant the amount of such overpayment within 30 days of such determination and if such overpayment is in excess of five percent (5%) of Operating Expenses for the year in question, then Landlord shall pay Tenant’s accounting fees reasonably incurred in auditing the Operating Expenses, even if Tenant’s auditor is paid on a contingency basis. If Tenant does not object to charges set forth in the Annual Rental Adjustment within one (1) year after receipt of the statement relating thereto, then Tenant shall be deemed to have approved all charges set forth therein and waived any rights to reimbursement relating thereto. In the event Landlord and Tenant cannot agree on the amount of an overpayment as set forth in the immediately preceding paragraph, either party may require that the dispute be resolved as follows in the event the amount in dispute is less than $15,000.00: Landlord and Tenant shall mutually select one (1) certified property manager certified by the Institute of Real Estate Management not related, employed, or otherwise engaged by either of the parties. If the parties are unable to agree on a certified property manager, the parties shall request the Presiding Judge of the Cuyahoga County Common Pleas to select the certified property manager. The certified property manager shall determine if there was an overpayment and the amount of such overpayment based on the facts presented by Landlord and Tenant. The cost of such arbitration shall be paid by the non-prevailing party. The Certified Property Manager’s decision shall be conclusive and binding on Landlord and Tenant.
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. Tenant 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 Building Operating Expenses, such of Landlord’s books of account and records as pertain to and contain information concerning such expenses in order to verify the amounts thereof. Tenant agrees that any information obtained during an inspection by Tenant of Landlord’s books of account and records shall be kept in strict confidence by Tenant and its agents and employees and shall not be disclosed to any other parties except to the extent required by law or by order a court of competent jurisdiction and except to the extent necessary for Tenant to enforce its rights under this Lease. If Tenant shall dispute any item or items included in the determination of Building Operating Expenses for a particular Fiscal Year, and such dispute is not resolved by the parties hereto within one hundred twenty (120) days after the statement for such year was delivered to Tenant, then either party may, within thirty (30) days thereafter, request that a firm of independent certified public accountants, selected by such party and reasonably acceptable to the other party, render an opinion as to whether or not the disputed item or items were properly reflected and may properly be included in the determination of Building Operating Expenses for such year; and the opinion of such firm on the matter shall be conclusive and binding upon the parties hereto. The fees and expenses incurred in obtaining such an opinion shall be borne by the party adversely affected thereby; and if more than one item is disputed and the opinion adversely affects both parties, the fees and expenses shall be apportioned accordingly. If Tenant shall not dispute any item or items included in the determination of Building Operating Expenses for a particular Fiscal Year by delivering a written notice to Landlord generally describing the basis of such dispute within one hundred twenty (120) days after the statement for such year was delivered to it, Tenant shall be deemed to have approved such statement and such statement shall be binding on Landlord. During the pendency of any dispute over Building Operating Expenses, Tenant shall pay Tenant’s Proportionate Share of Building Operating Expenses as computed and required in accordance with this Lease.
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. Tenant or its accountants shall have the right to inspect, at reasonable times and in a reasonable manner, during the ninety (90) day 8 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 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.
Tenant Verification. Tenant 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 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. Such inspection shall take place at Landlord’s Chicago area office. Such inspection shall be conducted only by Tenant or a certified public accountant that is not being compensated for its services on a contingency fee basis. Tenant shall sign a confidentiality agreement with Landlord prior to its inspection of Landlord’s books and records. Tenant shall also agree to follow Landlord’s reasonable procedures for auditing such books and records. Tenant shall provide Landlord with a copy of its findings within sixty (60) days after completion of the audit. Tenant’s failure to exercise its rights hereunder within said ninety (90) day period shall be deemed a waiver of its right to inspect or contest the method, accuracy or amount of the Additional Rent.
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. 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. 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.
