Common use of Tenant Audit Clause in Contracts

Tenant Audit. Upon not less than fifteen (15) days prior written notice to Landlord, and not more frequently than once per calendar year, Tenant shall have the right, at its expense, to cause an audit to be made of Landlord’s computation of the Operating Expenses, which audit shall be conducted at Landlord’s offices. If such audit shows that Landlord’s calculation of the Operating Expenses for any calendar year was overstated by more than five percent (5%), then Landlord shall reimburse Tenant for the reasonable cost of such audit as actually paid by Tenant to third parties. Tenant shall not be entitled to withhold or deduct any portion of the Base Rent or Additional Rent during the pendency of any such audit. Any errors disclosed by such audit shall be promptly corrected by Landlord’s refund of any overpayment or Tenant’s payment of any deficiency, as the case may be; provided that Landlord shall have the right to cause another audit to be made of such computations by an independent certified public accountant not otherwise employed by Landlord, and in the event of a disagreement between the auditors, the audit disclosing the least amount of deviation from Landlord’s original computations shall be conclusively deemed to be correct.

Appears in 2 contracts

Sources: Office Building Lease (Teladoc, Inc.), Office Building Lease (Teladoc, Inc.)

Tenant Audit. Upon not less than fifteen thirty (1530) days prior written notice to Landlord, and not more frequently than once per calendar year, Tenant shall have the right, at its Tenant’s expense, to cause an audit to be made of Landlord’s 's computation of the Operating ExpensesExpenses and Tenant’s Proportionate Share of any Excess Operating Expenses as set forth herein for the prior calendar year, which audit shall be conducted at Landlord’s offices. If such audit shows that Landlord▇▇▇▇▇▇▇▇’s calculation of the Tenant’s Proportionate Share of any Excess Operating Expenses for any calendar year was overstated by more than five percent (5%), then Landlord shall reimburse Tenant for the reasonable cost of such audit as actually paid by Tenant to third parties. Tenant shall not be entitled to withhold or deduct any portion of the Base Rent or Additional Rent during the pendency of any such audit. Any errors disclosed by such audit shall be promptly corrected by Landlord’s refund of any overpayment or Tenant’s payment of any deficiencycorrected, as the case may be; provided that Landlord shall have the right to cause another independent audit to be made of such computations by an independent certified public accountant not otherwise employed by Landlordcomputations, and in the event of a disagreement between the auditors, the audit disclosing the least amount of deviation from Landlord’s ▇▇▇▇▇▇▇▇'s original computations shall be conclusively deemed to be correct.

Appears in 1 contract

Sources: Office Lease Agreement