Objections to Statements. Tenant acknowledges that Landlord’s ability to budget and incur expenses depends on the finality of Landlord’s tax statements and Landlord’s Operating Expense Statements, and Tenant shall have one year following receipt of any such statement within which to raise any objection to the calculations contained in any such statement. Failure of Tenant to object within such one year period shall be deemed a waiver of any such objection. Tenant shall continue to make all payments required under this Lease pending resolution of any such objection. If Tenant makes a timely objection within the said one year period, Landlord and Tenant shall use reasonable efforts and due diligence in attempting to resolve such dispute within a reasonable time. No delay by Landlord in providing any statement shall be deemed a default by Landlord or a waiver of Landlord’s right to require payment of Tenant’s obligations for actual or estimated Impositions or Operating Expenses; provided however that (i) Landlord shall be estopped from correcting or issuing a new charge more than one (1) year following the end of the year in which the charge was incurred and (ii), should Landlord delay in providing any statement or document related to an objection by Tenant , the objection period shall be extended on a day for day basis,
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement (Faro Technologies Inc)