Right to Challenge. Tenant shall have the right, by giving written notice to Landlord at any time within one (1) year after receipt of any statement of Operating Expense, to challenge the accuracy of any Operating Expense set forth in the statement. Failure to timely notify Landlord of a challenge shall be a waiver of Tenant's right to challenge the Operating Expenses set forth in the applicable statement. If Tenant challenges any operating 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 by Tenant, 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 cost and expenses of any audit unless the audit shows an overstatement of at least five percent (5%) in the Operating Expenses, in which event Landlord shall pay the costs and expenses of the audit. Landlord shall pay any overstated amounts to Tenant, together with interest at the rate of ten percent (10%) per annum from the date of overpayment to the date payment is made by Landlord (and, if applicable, the cost of the audit), within thirty (30) days after the amount of the overstatement is finally determined.
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Right to Challenge. Tenant shall have the right, by giving written notice to Landlord at any time within one (1) year after receipt of any statement of Operating Expense, to challenge the accuracy of any Operating Expense set forth in the statement. Failure to timely notify Landlord of a challenge shall be a waiver of Tenant's right to challenge the Operating Expenses set forth in the applicable statement. If Tenant challenges any operating Operating 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 by Tenant, 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 cost and expenses of any audit unless the audit shows an overstatement of at least five percent (5%) in the Operating Expenses, in which event Landlord shall pay the costs and expenses of the audit. Landlord shall pay any overstated amounts to Tenant, together with interest at the rate of ten percent (10%) per annum from the date of overpayment to the date payment is made by Landlord (and, if applicable, the cost of the audit), within thirty (30) days after the amount of the overstatement is finally determined.
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