NYC 9/11 Public Portal Document
such costs not in line with normal industry practice in New York City that would otherwise be
part of the Base Year Operating Expenses. If such related party transactions occurred and were
disclosed but it is found by the Tenant that the cost thereof was excessive, then such charges shall
be disallowed to the extent they exceed normal industry prices in New York City.
Within one-hundred twenty (120) days after the expiration of the Operating Expense
Base Year, Landlord shall furnish to Tenant a schedule of Operating Expenses for said Operating
Expense Base Year. Such schedule of Base Year Operating Expenses must be prepared in a
format no less detailed than that shown in Exhibit —B hereto.
Such schedule of Base Year Operating Expenses must include a statement signed by the
chief executive, chief operating, or chief financial officer of Landlord that avers that there is
complete and accurate documentation in Landlord’s files to support each and every charge
included in Base Year Operating Expenses.
Landlord must have supporting documents for each and every Base Year Operating
Expense or it will be disallowed.
Such schedule of Base Year Operating Expenses must be accompanied by a report of
Landlord's Certified Public Accountant, which report must be based upon an audit conducted in
accordance with generally accepted auditing standards and state whether the schedules of Base
Year Operating Expenses present fairly the Base Year Operating Expenses of Landlord , as
defined in the Lease.
If Landlord fails to furnish any statements under this Article relating to Base Year
Operating Expenses or Operating Expense Escalations under A.2. below within 180 days after the
date due. Tenant may, upon thirty (30) days’ written notice, withhold all T^dditionaHtent
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