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AgdaPkt 2005-09-12
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AgdaPkt 2005-09-12
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Last modified
3/6/2012 4:45:24 PM
Creation date
9/8/2005 1:47:43 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Date
9/12/2005
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<br />~~.r-Æ <br /> <br />in accordance with sound accounting and management practices, consistently <br /> <br />applied. Although this Lease contemplates the computation of Real Estate <br />Taxes and Operating Expenses on a cash basis, Landlord shall make reasonable <br /> <br />and appropriate accrual adjustments to ensure that each Adjustment Period <br />includes substantially the same recurring items. Landlord reserves the right to <br /> <br />change to a full accrual system of accounting so long as the same is consistently <br />applied and Tenant's obligations are not materially adversely affected. Tenant or <br /> <br />its representative shall have the right to examine such records upon reasonable <br />prior notice specifically such records Tenant desires to examine, during normal <br /> <br />business hours at the place or places where such records are normally kept, by <br /> <br />sending such notice no later than one hundred twenty (120) days following the <br />furnishing of the Statement. <br /> <br />2.3.10.1 Audit Right. Tenant may take exception to matters <br />included in Real Estate Taxes or Operating Expenses, or Landlord's computation <br /> <br />of Tenant's Pro Rata Share of either, by sending notice specifying such <br />exception and the reasons therefor to Landlord no later than one-hundred and <br /> <br />twenty (120) days after landlord makes such records available for examination. <br /> <br />landlord's Statement shall be considered final, except as to matters to which <br />exception is taken after examination of Landlord's records in the manner and <br /> <br />within the times specified herein. Tenant acknowledges that Landlord's ability to <br />budget and incur expenses depends on the finality of the Statement and <br /> <br />accordingly agrees that time is of the essence of this Section 2.3.10.1 If Tenant <br />takes exception to any matter contained in the Statement as provided herein, <br /> <br />Landlord shall refer the matter to an independent certified public accountant <br />mutually acceptable to Landlord and Tenant, whose certification as to the proper <br /> <br />amount shall be final and conclusive as between Landlord and Tenant. Tenant <br />
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