Common use of Right to Challenge Clause in Contracts

Right to Challenge. Tenant shall have the right, by notice in writing to Landlord given at any time within one (1) year after receipt of any statement of Amenities Expense, to challenge the accuracy of any Amenities Expenses. Failure to timely notify Landlord of a challenge shall be a waiver of the right for the applicable statement. If Tenant challenges any Amenities Expenses, Landlord shall make Landlord's books and supporting documents available at reasonable times during office hours and upon reasonable prior notice for Tenant to audit. If requested, Landlord shall provide adequate work space within Landlord's offices for Tenant's authorized representatives to review the books and supporting documents. Tenant shall pay the costs and expenses of any audit unless the audit shows an overstatement of at least five percent (5%) in the Amenities Expenses, in which event Landlord shall pay the cost and expenses of the audit.