Common use of Procedures for review Clause in Contracts

Procedures for review. Tenant agrees that any review of supporting data under this Section shall occur at such location within the State of California at which Landlord’s records for the Building and the Project are then located. Any review to be conducted under this Section shall be conducted by a firm of certified public accountants of reputable regional or national standing on a non-contingency fee basis and shall be undertaken and completed within sixty (60) days after Tenant’s notice to Landlord given pursuant to Section 4.06. Landlord and Landlord’s agents and employees shall cooperate in good faith with such review. Tenant acknowledges and agrees that any supporting data reviewed under this Section 4.06 shall constitute confidential information of Landlord, which shall not be disclosed to anyone other than the accountants performing the review and the management of Tenant who receive the results of the review and any attorneys that Tenant may engage with respect to the review, provided that Tenant shall be responsible for ensuring that those employees and attorneys similarly maintain the confidentiality of such information. Except (i) to the extent required by law, (ii) in connection with any legal proceeding concerning this Lease, or (iii) to the extent such information or results are otherwise publicly available, the disclosure of such information or results of the review to any other person shall constitute a material breach of this Lease.