Common use of Tenant Audit Clause in Contracts

Tenant Audit. Tenant shall have the right, at ▇▇▇▇▇▇'s expense and upon not less than five (5) days prior written notice to Landlord, to review at reasonable times, in Landlord's office, ▇▇▇▇▇▇▇▇'s books and records applicable to Tenant's Lease for purposes of verifying ▇▇▇▇▇▇▇▇'s calculation of the Basic Operating Cost and Basic Operating Cost Adjustment. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under paragraph 7B or 7C above, Tenant shall have the right, not later than twenty (20) days following the receipt of such statement and upon condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause ▇▇▇▇▇▇▇▇'s books and records with respect to such fiscal year to be audited by certified public accountants selected by ▇▇▇▇▇▇ and subject to ▇▇▇▇▇▇▇▇'s reasonable right of approval. The Basic Operating Cost Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten percent (10%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by ▇▇▇▇▇▇. If Tenant shall not request an audit in accordance with the provisions of this paragraph 7E within twenty (20) days of receipt of Landlord's statement provided pursuant to paragraph 7B or 7C, such statement shall be final and binding for all purposes hereof.

Appears in 1 contract

Sources: Lease Agreement (Wireless Inc)

Tenant Audit. Tenant shall have the right, at ▇▇▇▇▇▇'s expense and upon not less than five (5) days prior written notice to Landlord, to review at reasonable times, in Landlord's office, ▇▇▇▇▇▇▇▇'s books and records applicable to Tenant's Lease for purposes of verifying ▇▇▇▇▇▇▇▇'s calculation of the Basic Operating Cost and Basic Operating Cost Adjustment. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under paragraph 7B Paragraph 7.B or 7C 7.C. above, Tenant shall have the right, not later than twenty (20) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause ▇▇▇▇▇▇▇▇Landlord's books and records with respect to Basic Operating Cost for such fiscal year to be audited by certified public accountants selected by ▇▇▇▇▇▇ Tenant and subject to ▇▇▇▇▇▇▇▇Landlord's reasonable right of approval. The Basic Operating Cost Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten five percent (105%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment previously reported, the cost of such audit shall be borne by Landlord; : otherwise the cost of such audit shall be paid by ▇▇▇▇▇▇Tenant. If Tenant shall not request an audit in accordance with the provisions of this paragraph 7E Paragraph 7.E. within twenty (20) days of after receipt of Landlord's statement provided pursuant to paragraph 7B Paragraph 7.B. or 7C7.C., such statement shall be final and binding for all purposes hereof.

Appears in 1 contract

Sources: Lease (Sport Supply Group Inc)

Tenant Audit. Tenant shall have the right, at ▇▇▇▇▇▇'s expense and upon not less than five (5) days prior written notice to Landlord, to review at reasonable times, in Landlord's office, ▇▇▇▇▇▇▇▇'s books and records applicable to Tenant's Lease for purposes of verifying ▇▇▇▇▇▇▇▇'s calculation of the Basic Operating Cost and Basic Operating Cost Adjustment. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under paragraph 7B Paragraph 7.B. or 7C 7.C. above, Tenant shall have the right, not later than twenty sixty (2060) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in disputedispute within sixty (60) days of receipt of such statement, to cause L▇▇▇▇▇▇▇▇'s ’s books and records with respect to Basic Operating Cost for such fiscal year to be audited by certified public accountants selected by T▇▇▇▇▇ and subject to ▇▇▇▇▇▇▇▇'s Landlord’s reasonable right of approval. The Basic Operating Cost Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten percent (10%) percent of Tenant's ’s Proportionate Share of the Basic Operating Cost Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by T▇▇▇▇▇. If Tenant shall not request an audit in accordance with the provisions of this paragraph 7E Paragraph 7.E. within twenty sixty (2060) days of after receipt of Landlord's ’s statement provided pursuant to paragraph 7B Paragraph 7.B. or 7C7.C., such statement shall be final and binding for all purposes hereof.

Appears in 1 contract

Sources: Lease Agreement (diaDexus, Inc.)

Tenant Audit. Tenant shall have the right, at ▇▇▇▇▇▇'s expense and upon not less than five (5) days prior written notice to Landlord, to review at reasonable times, in Landlord's office, ▇▇▇▇▇▇▇▇'s books and records applicable to Tenant's Lease for purposes of verifying ▇▇▇▇▇▇▇▇'s calculation of the Basic Operating Cost and Basic Operating Cost Adjustment. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under paragraph 7B Paragraph 7.B. or 7C 7.C. above, Tenant shall have the right, not later than twenty (20) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause ▇▇▇▇▇▇▇▇Landlord's books and records with respect to Operating Expenses for such fiscal year to be audited by certified public accountants selected by ▇▇▇▇▇▇ Tenant and subject to ▇▇▇▇▇▇▇▇Landlord's reasonable right of approval. The Basic Operating Cost Expense Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten percent (10%) of Tenant's Proportionate Share of the Basic Operating Cost Expense Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by ▇▇▇▇▇▇Tenant. If Tenant shall not request an audit in accordance with the provisions of this paragraph 7E Paragraph 7.E. within twenty (20) days of after receipt of Landlord's statement provided pursuant to paragraph 7B Paragraph 7.B. or 7C7.C., such statement shall be final and binding for all purposes hereof.

Appears in 1 contract

Sources: Lease (Penederm Inc)

Tenant Audit. Tenant shall have the right, at ▇▇▇▇▇▇'s expense and upon not less than five (5) days prior written notice to Landlord, to review at reasonable times, in Landlord's office, ▇▇▇▇▇▇▇▇'s books and records applicable to Tenant's Lease for purposes of verifying ▇▇▇▇▇▇▇▇'s calculation of the Basic Operating Cost and Basic Operating Cost Adjustment. In the event that If Tenant shall dispute the amount set forth in any statement provided by Landlord under paragraph 7B Paragraph 7.B. or 7C 7.C. above, Tenant shall have the right, not later than twenty forty-five (2045) days following the receipt of such statement --------------- and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause ▇▇▇▇▇▇▇▇Landlord's books and records with respect to Operating Expenses for such fiscal year to be audited by certified public accountants selected by ▇▇▇▇▇▇ Tenant and subject to ▇▇▇▇▇▇▇▇Landlord's reasonable right of approval. The Basic Operating Cost Expense Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten five percent (105%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment ---- - Expenses previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by ▇▇▇▇▇▇Tenant. If Tenant shall not request an audit in accordance with the provisions of this paragraph 7E Paragraph 7.E. within twenty forty-five (2045) days of after receipt of Landlord's statement provided pursuant to paragraph 7B --------------- Paragraph 7.B or 7C7.C., such statement shall be final and binding for all purposes hereof.

Appears in 1 contract

Sources: Lease Amendment (Multilink Technology Corp)

Tenant Audit. Tenant shall have the right, at ▇▇▇▇▇▇'s expense and upon not less than five (5) days prior written notice to Landlord, to review at reasonable times, in Landlord's office, ▇▇▇▇▇▇▇▇'s books and records applicable to Tenant's Lease for purposes of verifying ▇▇▇▇▇▇▇▇'s calculation of the Basic Operating Cost and Basic Operating Cost Adjustment. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under paragraph 7B Paragraph 7.B. or 7C 7.C. above, Tenant shall have the right, not later than twenty thirty (2030) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause ▇▇▇▇▇▇▇▇Landlord's books and records with respect to Basic Operating Cost for such fiscal year to be audited by certified public accountants selected by ▇▇▇▇▇▇ Tenant and subject to ▇▇▇▇▇▇▇▇Landlord's reasonable right of approval. The Basic Operating Cost Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten percent (10%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by ▇▇▇▇▇▇Tenant. If Tenant shall not request an audit in accordance with the provisions of this paragraph 7E Paragraph 7,E. within twenty thirty (2030) days of after receipt of Landlord's statement provided pursuant to paragraph 7B Paragraph 7.B. or 7C7.C., such statement shall be final and binding for all purposes hereof.

Appears in 1 contract

Sources: Lease Agreement (Worldwide Manufacturing Usa Inc)

Tenant Audit. Tenant shall have the right, at ▇▇▇▇▇▇'s expense and upon not less than five (5) days prior written notice to Landlord, to review at reasonable times, in Landlord's office, ▇▇▇▇▇▇▇▇'s books and records applicable to Tenant's Lease for purposes of verifying ▇▇▇▇▇▇▇▇'s calculation of the Basic Operating Cost and Basic Operating Cost Adjustment. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under paragraph 7B Paragraph 7(b) or 7C 7(c) above, Tenant shall have the right, not later than twenty sixty (2060) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause ▇▇▇▇▇▇▇▇Landlord's books and records with respect to Basic Operating Cost for such fiscal year to be audited by certified public accountants representatives selected by ▇▇▇▇▇▇ Tenant and subject to ▇▇▇▇▇▇▇▇Landlord's reasonable right of approval. The Basic Operating Cost Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten four percent (104%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment previously reportedfor such fiscal year, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by ▇▇▇▇▇▇Tenant. If Tenant shall not request an audit in accordance with the provisions of this paragraph 7E Paragraph 7(e) within twenty sixty (2060) days of after receipt of Landlord's statement provided pursuant to paragraph 7B Paragraph 7(b) or 7C7(c), such statement shall be final and binding for all purposes hereof, except for computation errors.

Appears in 1 contract

Sources: Lease Agreement (O S I Corp)

Tenant Audit. Tenant shall have the right, at ▇▇▇▇▇▇'s expense and upon not less than five (5) days prior written notice to Landlord, to review at reasonable times, in Landlord's office, ▇▇▇▇▇▇▇▇'s books and records applicable to Tenant's Lease for purposes of verifying ▇▇▇▇▇▇▇▇'s calculation of the Basic Operating Cost and Basic Operating Cost Adjustment. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under paragraph 7B Paragraph 7.B. or 7C 7.C. above, Tenant shall have the right, not later than twenty FORTY-FIVE (2045) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause ▇▇▇▇▇▇▇▇Landlord's books and records with respect to Operating Expenses for such fiscal year to be audited by certified public accountants selected by ▇▇▇▇▇▇ Tenant and subject to ▇▇▇▇▇▇▇▇Landlord's reasonable right of approval. The Basic Operating Cost Expense Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten percent (10%) of Tenant's Proportionate Share of the Basic Operating Cost Expense Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by ▇▇▇▇▇▇Tenant. If Tenant shall not request an audit in accordance with the provisions of this paragraph 7E Paragraph 7.E. within twenty FORTY-FIVE (2045) days of after receipt of Landlord's statement provided pursuant to paragraph 7B Paragraph 7.B. or 7C7.C., such statement shall be final and binding for all purposes hereof.

Appears in 1 contract

Sources: Sublease (Mp3 Com Inc)

Tenant Audit. Tenant shall have the right, at ▇▇▇▇▇▇'s expense and upon not less than five (5) days prior written notice to Landlord, to review at reasonable times, in Landlord's office, ▇▇▇▇▇▇▇▇'s books and records applicable to Tenant's Lease for purposes of verifying ▇▇▇▇▇▇▇▇'s calculation of the Basic Operating Cost and Basic Operating Cost Adjustment. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under paragraph 7B Paragraph 7.B. or 7C 7.C. above, Tenant shall have the right, not later than twenty ninety (2090) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause ▇▇▇▇▇▇▇▇Landlord's books and records with respect to Basic Operating Cost for such fiscal year to be audited by certified public accountants selected by ▇▇▇▇▇▇ and subject to ▇▇▇▇▇▇▇▇Landlord's reasonable right of approval. The Basic Operating Cost Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten percent (10%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by ▇▇▇▇▇▇. If Tenant shall not request an audit in accordance with the provisions of this paragraph 7E Paragraph 7.E. within twenty ninety (2090) days of after receipt of Landlord's statement provided pursuant to paragraph 7B Paragraph 7.B. or 7C7.C., such statement shall be final and binding for all purposes hereof.

Appears in 1 contract

Sources: Lease Agreement (Depomed Inc)

Tenant Audit. Tenant shall have the right, at ▇▇▇▇▇▇'s expense and upon not less than five (5) days prior written notice to Landlord, to review at reasonable times, in Landlord's office, ▇▇▇▇▇▇▇▇'s books and records applicable to Tenant's Lease for purposes of verifying ▇▇▇▇▇▇▇▇'s calculation of the Basic Operating Cost and Basic Operating Cost Adjustment. In the event that If Tenant shall dispute the amount set forth in any statement provided by Landlord under paragraph 7B Paragraph 7.B. or 7C 7.C. above, Tenant shall have the right, not later than sixty (60) twenty (20) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause ▇▇▇▇▇▇▇▇'s Landlord’s books and records with respect to Operating Expenses for such fiscal year to be audited by certified public accountants selected by ▇▇▇▇▇▇ Tenant and subject to ▇▇▇▇▇▇▇▇'s Landlord’s reasonable right of approval. The Basic Operating Cost Expense Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten percent (10%) of Tenant's ’s Proportionate Share of the Basic Operating Cost Adjustment Expenses previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by ▇▇▇▇▇▇Tenant. If Tenant shall not request an audit in accordance with the provisions of this paragraph 7E Paragraph 7.E within sixty (60) twenty (20) days of after receipt of Landlord's ’s statement provided pursuant to paragraph 7B Paragraph 7.B. or 7C7.C., such statement shall be final and binding for all purposes hereof.

Appears in 1 contract

Sources: Landlord Consent to Sublease (Premier Commercial Bancorp)

Tenant Audit. Tenant shall have the right, at ▇▇▇▇▇▇'s expense and upon not less than five (5) days prior written notice to Landlord, to review at reasonable times, in Landlord's office, ▇▇▇▇▇▇▇▇'s books and records applicable to Tenant's Lease for purposes of verifying ▇▇▇▇▇▇▇▇'s calculation of the Basic Operating Cost and Basic Operating Cost Adjustment. In the event that If Tenant shall dispute the amount set forth in any statement provided by Landlord under paragraph 7B Paragraph 7.B. or 7C 7.C. above, Tenant shall have the right, not later than twenty sixty (2060) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause ▇▇▇▇▇▇▇▇Landlord's books and records with respect to Operating Expenses for such fiscal year to be audited by certified public accountants selected by ▇▇▇▇▇▇ and subject to ▇▇▇▇▇▇▇▇'s reasonable right of approvalTenant who are not paid on a contingency basis . The Basic Operating Cost Expense Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten percent (10%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment Expenses previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by ▇▇▇▇▇▇Tenant. If Tenant shall not request an audit in accordance with the provisions of this paragraph 7E Paragraph 7.E. within twenty sixty (2060) days of after receipt of Landlord's statement provided pursuant to paragraph 7B Paragraph 7.B. or 7C7.C., such statement shall be final and binding for all purposes hereof.

Appears in 1 contract

Sources: Lease (Geocities)

Tenant Audit. Tenant shall have the right, at ▇▇▇▇▇▇'s expense and upon not less than five (5) days prior written notice to Landlord, to review at reasonable times, in Landlord's office, ▇▇▇▇▇▇▇▇'s books and records applicable to Tenant's Lease for purposes of verifying ▇▇▇▇▇▇▇▇'s calculation of the Basic Operating Cost and Basic Operating Cost Adjustment. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under paragraph 7B Paragraph 7.B. or 7C 7.C. above, Tenant shall have the right, not later than twenty sixty (2060) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in disputedispute within sixty (60) days of receipt of such statement, to cause Land▇▇▇▇'▇ ▇▇▇'s books ooks and records with respect to Basic Operating Cost for such fiscal year to be audited by certified public accountants selected by Tena▇▇▇▇▇ and subject to ▇▇▇▇▇▇▇▇Landlord's reasonable right of approval. The Basic Operating Cost Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten percent (10%) percent of Tenant's Proportionate Share of the Basic Operating Cost Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by ▇▇▇▇Tena▇▇. If ▇▇ Tenant shall not request an audit in accordance with the provisions of this paragraph 7E Paragraph 7.E. within twenty sixty (2060) days of after receipt of Landlord's statement provided pursuant to paragraph 7B Paragraph 7.B. or 7C7.C., such statement shall be final and binding for all purposes hereof.

Appears in 1 contract

Sources: Lease Agreement (Virologic Inc)

Tenant Audit. Tenant shall have the right, at ▇▇▇▇▇▇'s expense and upon not less than five (5) days prior written notice to Landlord, to review at reasonable times, in Landlord's office, ▇▇▇▇▇▇▇▇'s books and records applicable to Tenant's Lease for purposes of verifying ▇▇▇▇▇▇▇▇'s calculation of the Basic Operating Cost and Basic Operating Cost Adjustment. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under paragraph 7B Paragraph 7.B. or 7C 7.C. above, Tenant shall have the right, not later than twenty thirty (2030) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause ▇▇▇▇▇▇▇▇Landlord's books and records with respect to Basic Operating Cost for such fiscal year to be audited by certified public accountants selected by ▇▇▇▇▇▇ Tenant and subject to ▇▇▇▇▇▇▇▇Landlord's reasonable right of approval. The Basic Operating Cost Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten percent (10%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by ▇▇▇▇▇▇. If Tenant shall not request an audit in accordance with the provisions of this paragraph 7E Paragraph, i.e., within twenty thirty (2030) days of after receipt of Landlord's statement provided pursuant to paragraph 7B Paragraph 7.B. or 7C7.C., such statement shall be final and binding for all purposes hereof.

Appears in 1 contract

Sources: Lease Agreement (Spectrian Corp /Ca/)

Tenant Audit. Tenant shall have the right, at ▇▇▇▇▇▇'s expense and upon not less than five (5) days prior written notice to Landlord, to review at reasonable times, in Landlord's office, ▇▇▇▇▇▇▇▇'s books and records applicable to Tenant's Lease for purposes of verifying ▇▇▇▇▇▇▇▇'s calculation of the Basic Operating Cost and Basic Operating Cost Adjustment. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under paragraph 7B Paragraph 7.B. or 7C 7.C. above, Tenant shall have the right, not later than twenty (20) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause ▇▇▇▇▇▇▇▇Landlord's books and records with respect to Operating Expenses for such fiscal year to be audited by certified public accountants selected by ▇▇▇▇▇▇ Tenant and subject to ▇▇▇▇▇▇▇▇Landlord's reasonable right of approval. The Basic Operating Cost Expense Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten percent (10%) of Tenant's Proportionate Share of the Basic Operating Cost Expenses Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by ▇▇▇▇▇▇Tenant. If Tenant shall not request an audit in accordance with the provisions of this paragraph 7E Paragraph 7.E. within twenty (20) days of after receipt of Landlord's statement provided pursuant to paragraph 7B Paragraph 7.B. or 7C7.C., such statement shall be final and binding for all purposes hereof.

Appears in 1 contract

Sources: Sublease (Adforce Inc)

Tenant Audit. Tenant shall have the right, at ▇▇▇▇▇▇'s expense and upon not less than five (5) days prior written notice to Landlord, to review at reasonable times, in Landlord's office, ▇▇▇▇▇▇▇▇'s books and records applicable to Tenant's Lease for purposes of verifying ▇▇▇▇▇▇▇▇'s calculation of the Basic Operating Cost and Basic Operating Cost Adjustment. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under paragraph 7B Paragraph 7.B. or 7C 7.C. above, Tenant shall have the right, not later than twenty sixty (2060) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in disputedispute within sixty (60) days of receipt of such statement, to cause Land▇▇▇▇'▇ ▇▇▇'s books ooks and records with respect to Basic Operating Cost for such fiscal year to be audited by certified public accountants selected by Tena▇▇▇▇▇ and subject to ▇▇▇▇▇▇▇▇Landlord's reasonable right of approval. The Basic Operating Cost Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten percent (10%) percent of Tenant's Proportionate Share of the Basic Operating Cost Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid borne by ▇▇▇▇▇▇Tenant. If Tenant shall not request an audit in accordance with the provisions of this paragraph 7E Paragraph 7.E. within twenty sixty (2060) days of after receipt of Landlord's statement provided pursuant to paragraph 7B Paragraph 7.B. or 7C7.C., such statement shall be final and binding for all purposes hereof.

Appears in 1 contract

Sources: Lease Agreement (Virologic Inc)

Tenant Audit. Tenant shall have the right, at ▇▇▇▇▇▇'s expense and upon not less than five (5) days prior written notice to Landlord, to review at reasonable times, in Landlord's office, ▇▇▇▇▇▇▇▇'s books and records applicable to Tenant's Lease for purposes of verifying ▇▇▇▇▇▇▇▇'s calculation of the Basic Operating Cost and Basic Operating Cost Adjustment. In the event that If Tenant shall dispute the amount set forth in any statement provided by Landlord under paragraph 7B Paragraph 7.B. or 7C 7.C. above, Tenant shall have the right, not later than twenty six (206) days months following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause ▇▇▇▇▇▇▇▇Landlord's books and records with respect to Operating Expenses for such fiscal year to be audited by certified public accountants selected by ▇▇▇▇▇▇ Tenant and subject to ▇▇▇▇▇▇▇▇Landlord's reasonable reasonably right of approval. The Basic Operating Cost Expense Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten five percent (105%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment Expenses previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by ▇▇▇▇▇▇Tenant. If Tenant shall not request an audit in accordance with the provisions of this paragraph 7E Paragraph 7.E. within twenty six (206) days of months after receipt of Landlord's statement provided pursuant to paragraph 7B Paragraph 7.B. or 7C7.C., such statement shall be final and binding for all purposes hereof, absent manifest error.

Appears in 1 contract

Sources: Consent to Sublease Agreement (Intuit Inc)

Tenant Audit. Tenant shall have the right, at ▇▇▇▇▇▇'s expense and upon not less than five (5) days prior written notice to Landlord, to review at reasonable times, in Landlord's office, ▇▇▇▇▇▇▇▇'s books and records applicable to Tenant's Lease for purposes of verifying ▇▇▇▇▇▇▇▇'s calculation of the Basic Operating Cost and Basic Operating Cost Adjustment. In the event that If Tenant shall dispute the amount set forth in any statement provided by Landlord under paragraph 7B Paragraph 7.B. or 7C 7.C. above, Tenant shall have the right, not later than twenty forty-five (2045) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause ▇▇▇▇▇▇▇▇Landlord's books and records with respect to Operating Expenses for such fiscal year to be audited by certified public accountants selected by ▇▇▇▇▇▇ Tenant and subject to ▇▇▇▇▇▇▇▇Landlord's reasonable right of approval. The Basic Operating Cost Expense Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten percent (10%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment Expenses previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by ▇▇▇▇▇▇Tenant. If Tenant shall not request an audit in accordance with the provisions of this paragraph 7E Paragraph 7.E. within twenty forty-five (2045) days of after receipt of Landlord's statement provided pursuant to paragraph 7B Paragraph 7.B. or 7C7.C., such statement shall be final and binding for all purposes hereof.

Appears in 1 contract

Sources: Sublease (Imanage Inc)

Tenant Audit. Tenant shall have the right, at ▇▇▇▇▇▇'s expense and upon not less than five (5) days prior written notice to Landlord, to review at reasonable times, in Landlord's office, ▇▇▇▇▇▇▇▇'s books and records applicable to Tenant's Lease for purposes of verifying ▇▇▇▇▇▇▇▇'s calculation of the Basic Operating Cost and Basic Operating Cost Adjustment. In the event that If Tenant shall dispute the amount set forth in any statement provided by Landlord under paragraph 7B Paragraph 7.B. or 7C 7.C. above, Tenant shall have the right, not later than twenty (20) days six (6) months following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause ▇▇▇▇▇▇▇▇Landlord's books and records with respect to Operating Expenses for such fiscal year to be audited by certified public accountants selected by ▇▇▇▇▇▇ Tenant and subject to ▇▇▇▇▇▇▇▇Landlord's reasonable right of approval. The Basic Operating Cost Expense Adjustment shall be appropriately approximately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten five percent (10%) (5%) of Tenant's Proportionate proportionate Share of the Basic Operating Cost Adjustment Expenses previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by ▇▇▇▇▇▇Tenant. If Tenant shall not request an audit in accordance with the provisions of this paragraph 7E Paragraph 7.E. within twenty (20) days of six (6) months after receipt of Landlord's statement provided pursuant to paragraph 7B Paragraph 7.B. or 7C7.C., such statement shall be final and binding for all purposes hereof, absent manifest error.

Appears in 1 contract

Sources: Sub Sublease (Divx Inc)

Tenant Audit. Tenant shall have the right, at ▇▇▇▇▇▇'s expense and upon not less than five (5) days prior written notice to Landlord, to review at reasonable times, in Landlord's office, ▇▇▇▇▇▇▇▇'s books and records applicable to Tenant's Lease for purposes of verifying ▇▇▇▇▇▇▇▇'s calculation of the Basic Operating Cost and Basic Operating Cost Adjustment. In the event that Tenant shall dispute the amount th▇ ▇▇▇▇nt set forth in any statement provided by Landlord under paragraph 7B Paragraph 7.B. or 7C 7.C. above, . Tenant shall have the right, not later than twenty thirty (2030) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause Landlord's books and rec▇▇▇▇▇▇▇▇'s books and records with h respect to Basic Operating Cost for such fiscal year to be audited by certified public accountants selected by ▇▇▇▇▇▇ Tenant and subject to ▇▇▇▇▇▇▇▇ord's reasonable right of approval. The Basic Operating Cost Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten percent (10%) % of Tenant's Proportionate Share of the Basic Operating Cost Adjustment previously reported, reported the cost of such audit shall be borne by Landlord; Landlord otherwise the cost of such audit shall be paid by ▇▇▇▇▇▇Tenant. If Tenant shall not shal▇ ▇▇▇ request an audit in accordance with the provisions of this paragraph 7E Paragraph, i.e., within twenty thirty (2030) days of after receipt of Landlord's statement provided pursuant to paragraph 7B Paragraph 7.B. or 7C, 7.C. such statement shall be final and binding for all purposes hereof.

Appears in 1 contract

Sources: Master Lessor's Consent to Sublease (Spectrian Corp /Ca/)

Tenant Audit. Tenant shall have the right, at ▇▇▇▇▇▇'s expense and upon not less than five (5) days prior written notice to Landlord, to review at reasonable times, in Landlord's office, ▇▇▇▇▇▇▇▇'s books and records applicable to Tenant's Lease for purposes of verifying ▇▇▇▇▇▇▇▇'s calculation of the Basic Operating Cost and Basic Operating Cost Adjustment. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under paragraph 7B Paragraph 7.B. or 7C 7.C. above, Tenant shall have the right, not later than twenty sixty (2060) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in disputedispute within sixty (60) days of receipt of such statement, to cause Landlord's books and r▇▇▇▇▇▇▇▇'s books and records with respect to Basic Operating Cost for such fiscal year to be audited by certified public accountants selected by ▇▇▇▇▇▇ Tenant and subject to ▇▇▇▇▇▇▇▇rd's reasonable right of approval. The Basic Operating Cost Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten percent five (105%) percent of Tenant's Proportionate Share of the Basic Operating Cost Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by ▇▇▇▇▇▇Tenant. If Tenant shall not sha▇▇ ▇▇▇ request an audit in accordance with the provisions of this paragraph 7E Paragraph 7.E. within twenty sixty (2060) days of after receipt of Landlord's statement provided pursuant to paragraph 7B Paragraph 7.B. or 7C7.C., such statement shall be final and binding for all purposes hereof.

Appears in 1 contract

Sources: Lease Agreement (Cellegy Pharmaceuticals Inc)

Tenant Audit. Tenant shall have the right, at ▇▇▇▇▇▇'s expense and upon not less than five (5) days prior written notice to Landlord, to review at reasonable times, in Landlord's office, ▇▇▇▇▇▇▇▇'s books and records applicable to Tenant's Lease for purposes of verifying ▇▇▇▇▇▇▇▇'s calculation of the Basic Operating Cost and Basic Operating Cost Adjustment. In the event that Tenant shall dispute the amount set forth in any statement provided by Landlord under paragraph 7B Paragraph 7.B or 7C 7.C. above, Tenant shall have the right, not later than twenty thirty (2030) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause ▇▇▇▇▇▇▇▇Landlord's books and records with respect to Basic Operating Cost for such fiscal year to be audited by certified public accountants selected by ▇▇▇▇▇▇ Tenant and subject to ▇▇▇▇▇▇▇▇Landlord's reasonable right of approval. The Basic Operating Cost Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten seven and one half percent (107.5%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by ▇▇▇▇▇▇Tenant. If Tenant shall not request an audit in accordance with the provisions of this paragraph 7E Paragraph 7.E. within twenty (20) days of after receipt of Landlord's statement provided pursuant to paragraph 7B Paragraph 7.8. or 7C7.C., such statement shall be final and binding for all purposes hereof.

Appears in 1 contract

Sources: Third Lease Addendum (Conceptus Inc)

Tenant Audit. Tenant shall have the right, at ▇▇▇▇▇▇'s expense and upon not less than five (5) days prior written notice to Landlord, to review at reasonable times, in Landlord's office, ▇▇▇▇▇▇▇▇'s books and records applicable to Tenant's Lease for purposes of verifying ▇▇▇▇▇▇▇▇'s calculation of the Basic Operating Cost and Basic Operating Cost Adjustment. In the event that If Tenant shall dispute the amount set forth in any statement provided by Landlord under paragraph 7B Paragraph 7.B. or 7C 7.C. above, Tenant shall have the right, not later than twenty (20) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause ▇▇▇▇▇▇▇▇Landlord's books and records with respect to Operating Expenses for such fiscal year to be audited by certified public accountants selected by ▇▇▇▇▇▇ Tenant and subject to ▇▇▇▇▇▇▇▇Landlord's reasonable right of approval. The Basic Operating Cost Expense Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten percent (10%) of Tenant's Proportionate Share of the Basic Operating Cost Adjustment Expenses previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by ▇▇▇▇▇▇Tenant. If Tenant shall not request an audit in accordance with the provisions of this paragraph 7E Paragraph 7.E. within twenty (20) days of after receipt of Landlord's statement provided pursuant to paragraph 7B Paragraph 7.B. or 7C7.C., such statement shall be final and binding for all purposes hereof.

Appears in 1 contract

Sources: Lease (Access Integrated Technologies Inc)

Tenant Audit. Tenant shall have the right, at ▇▇▇▇▇▇'s expense and upon not less than five (5) days prior written notice to Landlord, to review at reasonable times, in Landlord's office, ▇▇▇▇▇▇▇▇'s books and records applicable to Tenant's Lease for purposes of verifying ▇▇▇▇▇▇▇▇'s calculation of the Basic Operating Cost and Basic Operating Cost Adjustment. In the event that If Tenant shall dispute the amount set forth in any statement provided by Landlord under paragraph 7B Paragraph 7.2 or 7C 7.3 above, Tenant shall have the right, not later than twenty forty five (2045) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause ▇▇▇▇▇▇▇▇Landlord's books and records with respect to Operating Expenses for such fiscal year to be audited by certified public accountants selected by ▇▇▇▇▇▇ Tenant and subject to ▇▇▇▇▇▇▇▇Landlord's reasonable right of approval. The Basic Operating Cost Expense Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten five percent (105%) of Tenant's Proportionate Share of the Basic Operating Cost Expense Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by ▇▇▇▇▇▇Tenant. If Tenant shall not request an audit in accordance with the provisions of this paragraph 7E Paragraph 7.5 within twenty forty five (2045) days of after receipt of Landlord's statement provided pursuant to paragraph 7B Paragraph 7.2 or 7C7.3, such statement shall be final and binding for all purposes hereof.

Appears in 1 contract

Sources: Lease Agreement (Symyx Technologies Inc)

Tenant Audit. Tenant shall have the right, at ▇▇▇▇▇▇'s expense and upon not less than five (5) days prior written notice to Landlord, to review at reasonable times, in Landlord's office, ▇▇▇▇▇▇▇▇'s books and records applicable to Tenant's Lease for purposes of verifying ▇▇▇▇▇▇▇▇'s calculation of the Basic Operating Cost and Basic Operating Cost Adjustment. In the event that If Tenant shall dispute the amount set forth in any statement provided by Landlord under paragraph 7B Paragraph 7.2 or 7C 7.3 above, Tenant shall have the right, not later than twenty forty five (2045) days following the receipt of such statement and upon the condition that Tenant shall first deposit with Landlord the full amount in dispute, to cause ▇▇▇▇▇▇▇▇'s Landlord’s books and records with respect to Operating Expenses for such fiscal year to be audited by certified public accountants selected by ▇▇▇▇▇▇ Tenant and subject to ▇▇▇▇▇▇▇▇'s Landlord’s reasonable right of approval. The Basic Operating Cost Expense Adjustment shall be appropriately adjusted on the basis of such audit. If such audit discloses a liability for a refund in excess of ten five percent (105%) of Tenant's ’s Proportionate Share of the Basic Operating Cost Expense Adjustment previously reported, the cost of such audit shall be borne by Landlord; otherwise the cost of such audit shall be paid by ▇▇▇▇▇▇Tenant. If Tenant shall not request an audit in accordance with the provisions of this paragraph 7E Paragraph 7.5 within twenty forty five (2045) days of after receipt of Landlord's ’s statement provided pursuant to paragraph 7B Paragraph 7.2 or 7C7.3, such statement shall be final and binding for all purposes hereof.

Appears in 1 contract

Sources: Lease Agreement (Accelrys, Inc.)