Common use of Cost of Review Clause in Contracts

Cost of Review. Any audit by Tenant pursuant to this Section shall be at the sole expense of Tenant; provided, however, that if the final results of such audit or arbitration, if relevant, shall reveal that Landlord overstated Tenant’s Share of Operating Expenses, Insurance Expenses, or Tax Expenses for the applicable Lease Year by more than five percent (5%) of the Operating Expenses originally reported in the relevant Landlord’s Statement, then Landlord shall pay all costs and expenses of Tenant’s audit; provided, further, that if such audit or arbitration, if relevant, shall reveal that Landlord did not overstate Tenant’s Share of Operating Expenses for the applicable Lease Year by five percent (5%) or more of the Operating Expenses originally reported in the relevant Landlord’s Statement, then Tenant shall pay all of Landlord’s actual out-of-pocket costs associated with compliance with Tenant’s audit request.