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extent Tenant underpaid, Tenant shall remit to Landlord a check in the amount of the unpaid balance within ten (1 0) business days following receipt ofthe notice. Section 5.6 Audit Rights. Within two (2) years after receipt of Landlord's statement of Common Area Expenses for any calendar year, Tenant may audit all the accounting books, documents, records and files related to Common Area Expenses for such calendar year. Landlord shall make all such records available for examination by Tenant or any designated representative within five (5) business days of Tenant's request to audit the records. If the audit reveals an overstatement of the Common Area Expenses by more than five percent (5%), Landlord shall pay to Tenant the reasonable cost of such audit. If the audit reveals any overpayment of Common Area Expenses by Tenant, Landlord shall remit to Tenant a check in the amount of the overpayment (plus interest thereon at the Interest Rate from and after the date the overpayment was made by Tenant) within twenty (20) business days of receiving a copy of ',. Tenant's audit (and if not so paid, Tenant shall have the right to offset such amount against rent -, and other amounts next becoming due by Tenant hereunder). To the extent that the audit, described in this Section 5.6 discloses that Tenant underpaid Common Area Expenses, Tenant shall pay to Landlord the amount of the unpaid balance within twenty (20) business days following the completion of such audit. Section 5.7 Disputed Common Area Expenses. In addition to Tenant's rights under Section 5.6, if Tenant disagrees with the inclusion of any item of Common Area Expenses, Tenant shall have the right to invoke this Section 5.7 by paying in full all amounts that are not in dispute or in question and by sending written notice to Landlord specifying the item in question, provided that, in order for the provisions of this Section to be applicable to any such item, such notice must be received by Landlord on or before the later of (i) the date that is one hundred twenty (120) days after Tenant has received sufficiently detailed information to form the reasonable basis for Tenant's position that such item has been incorrectly included in Common Area Expenses, or (ii) the date that is two (2) years after receipt of Landlord's statement of Common Area Expenses for the calendar year that includes such item in, Common Area Expenses. If the dispute remains unresolved within one hundred eighty (180) days after Tenant's notice, then either party may submit the matter to arbitration in accordance with Section 18.5. Pending resolution of the dispute, the party holding the funds in, question shall segregate such disputed funds until the matter is resolved (but neither Tenant nor Landlord shall retain or exercise any offset rights with respect to undisputed funds that may be due to the other); provided, however, that, unless the Tenant at the time in question is the Tenant that originally executed this Lease, Tenant shall continue to pay the funds in question until the dispute is resolved. Within five (5) days of the arbitrator's decision, any unpaid amounts shall be paid to the other party. Section 5.8 Trash and Refuse Area. Landlord (at Landlord's cost) shall provide to Tenant, in the area adjacent to the Building that is depicted as the "Tenant's Refuse Compactor" on the Site Plan, a trash and refuse compactor (the size and type of which shall be subject to Tenant's reasonable approval) that will be available for Tenant's exclusive use and benefit. Although such area shall not be included in the Premises demised hereunder, Tenant shall have direct access to such area from the Premises at all times throughout the Term. Landlord shall be . 26 CHG02:3091375.v8 . _.-.- ,....