Audit by Landlord Sample Clauses

Audit by Landlord. Landlord, at its own expense except as provided hereinbelow, shall have the right from time to time to have its accountants or representatives audit the information set forth in the Officer's Certificate referred to in Section 4.2 and in connection with such audits, to examine Tenant's records with respect thereto (including supporting data, income tax and sales tax returns), subject to any prohibitions or limitations on disclosure of any such data under applicable law or regulations, including without limitation, any duly enacted "Patients' ▇▇▇▇ of Rights" or similar legislation, including such limitations as may be necessary to preserve the confidentiality of any Facility-patient relationship and any physician-patient privilege.
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Audit by Landlord. Tenant shall, upon reasonable notice from Landlord, allow Landlord or Landlord's employees, agents or accountants to examine the books and records and review systems and procedures of Tenant at Landlord’s expense, for the purpose of verifying statements furnished or to be furnished pursuant to Sections 2.03.1 and 2.03.3, such examination to be conducted within one (1) year after Landlord's receipt of the Annual Statement (time being of the essence) during ordinary business hours and in a manner that will not unreasonably interfere with the carrying on of the business of Tenant. Any dispute regarding exclusion or the inclusion of any item in Gross Revenue or determination of Percentage Rent shall be resolved by arbitration in accordance with Section 16 hereof.
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Audit by Landlord. Notwithstanding the foregoing, Landlord shall have the right from time to time, during normal business hours through accountants or representatives of its selection to audit Tenant’s Monthly Sales Reports and, in connection with such audits, to examine all of Tenant’s Books (including all supporting data and any other records from which Gross Sales and gross profits may be tested or determined), including without limitation for any period or periods for which Tenant has failed to furnish a Monthly Sales Report or Annual Statement. Tenant shall make the Books readily available for such examination. The costs of an audit shall be paid by Landlord, unless the audit discloses that the Gross Sales transacted by Tenant exceeds those reported by Tenant by more than ___ percent (_%) or that Tenant’s accounting records and procedures were not sufficient to permit a determination of Gross Sales for any period in question, or, in the case of an attempted audit that ▇▇▇▇▇▇▇▇’s accountant was unable to perform or complete due to Tenant’s failure to keep records as required hereunder, in which case Tenant shall pay to Landlord within five (5) days after written request, as Additional Rent, all costs of such audit. In the event of an underpayment of Percentage Rent, Tenant shall immediately pay to Landlord the amount of such underpayment, together with interest in accordance with Section 4.5 of the Lease. If such audit reveals that ▇▇▇▇▇▇’s accounting records and procedures were not sufficient to permit a determination of Gross Sales for any period in question, Landlord may thereafter deliver to Tenant an estimate made by Landlord of Gross Sales for any such period and the amount of any underpayment of Percentage Rent. In such an instance, Tenant shall forthwith pay to Landlord any amount therein set out as an underpayment of Percentage Rent. Every such estimate shall be binding upon Tenant until and except to the extent that Tenant proves it inaccurate and shall not be contestable by Tenant after one year. If such audit discloses any willful or material inaccuracy by Tenant, or any understatement of Gross Sales by more than ___ percent (_%), this Lease may, at the option of Landlord, be immediately canceled and terminated. Any information obtained by Landlord pursuant to the provisions of this subsection (k) shall be treated as confidential, except in any litigation or arbitration proceedings between the parties, or as otherwise required by Applicable Law, including the...
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Audit by Landlord. Landlord shall have the right from time to time (not more than twice annually), during normal business hours through accountants or representatives to audit Tenant's Monthly Sales Reports and, in connection with such audits, to examine all of Tenant's Books relating to the Premises (including all supporting data and any other records from which Gross Sales and gross profits may be confirmed). Tenant shall make the Books readily available for such examination. The costs of an audit shall be paid by Landlord, unless the audit discloses that the amount of Gross Sales transacted by Tenant exceeds those reported by Tenant by more than two percent (2%), in which case Tenant shall pay to Landlord within five (5) days after written request all costs of such audit. In the event of an underpayment of Percentage Rent, Tenant shall immediately pay to Landlord the amount of such underpayment, together with interest in accordance with Section 4.5. If such audit discloses any willful or material inaccuracy by Tenant, or any understatement of Gross Sales by more than five percent (5%), this Lease may, at the option of Landlord, be immediately canceled and terminated.
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Related to Audit by Landlord

  • Repairs by Landlord Landlord shall keep the exterior walls, foundations, downspouts, gutters and roofs of the buildings, and the plumbing, electrical and other utility system serving but which are located outside of the Premises, in good order, condition and repair and shall make necessary structural repairs to the exterior walls of the buildings (excluding, however, repairs to windows, doors, saddles, plate glass, store fronts and air conditioning and heating installations and wiring, pipes and other utility installations located outside of the Premises which are used exclusively by Tenant), the dividing walls between the Premises and space occupied or to be occupied by others and the load-bearing walls and load-bearing columns, if any, within the Premises, provided that Landlord shall not be obligated hereby to do any work required to be done because of any damage caused by any act, omission or negligence of Tenant and its invitees, licensees, their respective officers, agents and employees or their customers. Except where Landlord has actual notice of the necessity for such repair, Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of any emergency, shall be in writing and shall allow Landlord [***] days in which to commence such repair. The fact that the costs incurred by Landlord in connection with any of the foregoing are includable in Common Area Operating Costs pursuant to Subsections 3.5A and 3.5B shall not affect Landlord's performance obligations under this Section 5. 1. When necessary by reason of accident or other cause occurring in the Premises, or elsewhere in the Shopping Center, or in order to make any repairs or alterations or improvements in or relating to the Premises or to other portions of the Shopping Center, Landlord reserves the right to interrupt the supply to the Premises of steam, condenser water or cooled air for air conditioning, electricity, water and gas and also to suspend the operation of the heating and air conditioning system, if any, until said repairs, alterations or improvements shall have been completed. If, as a result of Landlord's performance of its obligations or exercise of its rights under this Section 5.1, there is created a substantial and material interference with Tenant's ability to conduct its business in the Premises and Tenant therefor closes for more than [***] consecutive business days, Tenant shall be entitled to an abatement of Fixed Rent for each day after the [***] business day during which the condition continues. Other than the aforesaid, there shall be no abatement of Rent because of any such interruption or suspension; however, Landlord shall pursue such work with reasonable continuity, diligence and dispatch and in such a manner as (consistent with good practice) to cause a minimum of interference with Tenant's use of the Premises.

  • Inspection by Landlord Landlord shall have the right to inspect the Tenant Improvements at all times, provided however, that Landlord’s failure to inspect the Tenant Improvements shall in no event constitute a waiver of any of Landlord’s rights hereunder nor shall Landlord’s inspection of the Tenant Improvements constitute Landlord’s approval of the same. Should Landlord disapprove any portion of the Tenant Improvements, Landlord shall notify Tenant in writing of such disapproval and shall specify the items disapproved. Any defects or deviations in, and/or disapproval by Landlord of, the Tenant Improvements shall be rectified by Tenant at no expense to Landlord, provided however, that in the event Landlord determines that a defect or deviation exists or disapproves of any matter in connection with any portion of the Tenant Improvements and such defect, deviation or matter might adversely affect the mechanical, electrical, plumbing, heating, ventilating and air conditioning or life-safety systems of the Building, the structure or exterior appearance of the Building or any other tenant’s use of such other tenant’s leased premises, Landlord may, take such action as Landlord deems necessary, at Tenant’s expense and without incurring any liability on Landlord’s part, to correct any such defect, deviation and/or matter, including, without limitation, causing the cessation of performance of the construction of the Tenant Improvements until such time as the defect, deviation and/or matter is corrected to Landlord’s satisfaction.

  • SALE BY LANDLORD In event of a sale or conveyance by Landlord of the Building, the same shall operate to release Landlord from any future liability upon any of the covenants or conditions, expressed or implied, contained in this Lease in favor of Tenant, and in such event Tenant agrees to look solely to the responsibility of the successor in interest of Landlord in and to this Lease. Except as set forth in this Article 24, this Lease shall not be affected by any such sale and Tenant agrees to attorn to the purchaser or assignee. If any security has been given by Tenant to secure the faithful performance of any of the covenants of this Lease, Landlord may transfer or deliver said security, as such, to Landlord’s successor in interest and thereupon Landlord shall be discharged from any further liability with regard to said security.

  • Maintenance by Landlord Tenant and its employees, customers and licensees shall have the non-exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe. Further, in multiple occupancy buildings, Landlord shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under Subsection 2.2.2(a) above, and Tenant shall, in lieu of the obligations set forth under Subsection 2.2.2(a) above with respect to such items, be liable for its proportionate share (as defined in Subsection 2.2.1(b) above) of the cost and expense of Building maintenance and the care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant to pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the Building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage line then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. Tenant shall pay/4// when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the Building to Landlord upon demand, as Additional Rent, for the amount of its share of such costs and expenses in the event Landlord elects to perform or cause to be performed such work. Such share shall include a management fee equal to five percent (5%) of the Rent for each Lease Year, administrative and accounting costs, and a/5// reserve for asphalt, roof repairs and repainting.

  • ACCESS BY LANDLORD Landlord and any of Landlord’s Invitees shall have the right to enter the Premises at all reasonable times, during normal business hours if feasible under the circumstances, and upon 24 hours’ notice, if feasible under the circumstances, (i) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease, (ii) to do any necessary maintenance or make any restoration to the Premises that Landlord has the right or obligation to perform, (iii) to serve, post, or keep posted any notices required or allowed under this Lease, (v) to post “for sale” or “for rent” or “for lease” signs during the final nine months of the Term, (vi) to show the Premises to brokers, lenders, agents, prospective buyers, prospective tenants, or other persons interested in a listing of, financing, purchasing, or occupying the Project, the Premises or any portion of the Project or the Premises, and (vii) to shore the foundations, footings, and walls of the Project, and to erect scaffolding and protective barricades around and about the Premises, but not so as to prevent entry to the Premises, and to do any other act or thing necessary for the safety or preservation of the Premises if any excavation or other construction is undertaken or is about to be undertaken on any adjacent property or nearby street. In the event of an emergency Landlord shall have the right to enter the Premises at any time, without prior notice to Tenant. Landlord’s rights under this Paragraph extend, with Landlord’s consent, to the owner of adjacent property on which excavation or construction is to take place and the adjacent property owner’s agents, employees, officers, and contractors. Landlord shall not be liable for any inconvenience, disturbance, loss of business, nuisance, or other damage arising out of any entry on the Premises as provided in this Paragraph except damage resulting directly from the grossly negligent acts or willful misconduct of Landlord or Landlord’s Invitees. Tenant shall not be entitled to any abatement or reduction of Basic Monthly Rent or other Rent because of the exercise by Landlord of any rights under this Paragraph.