NYC 9/11 Public Portal Document
additional rent due and owing to Landlord for Operating Expense Escalations under A.2. below,
until Landlord furnishes the foregoing statements. Tenant's liability for Operating Expense
Escalations due pursuant to this Article and/or Landlord's liability for refunding any overpayment
shall survive the expiration of the Term hereof.
Pending any audit by the Tenant or Comptroller of the Operating Expense Base Year,
Tenant shall pay Operating Expense Escalations pursuant to the foregoing provisions hereof for
such year as billed by Landlord, provided, however, that Tenant shall have the right to withhold a
disputed amount on account of Operating Expense Escalations until the dispute in question is
resolved; and upon completion of such audit Tenant shall be allowed to deduct immediately
overcharges detected upon audit from any installment of rent then becoming due , or if at the end
of the Lease term Tenant shall be entitled to a payment from Landlord for such amounts within
thirty (30) days of Lease termination or expiration.
Tenant shall have the right to copy, examine and audit Landlord's Base Year Operating
Statement.
A2 LANDLORD’S STATEMENT OF OPERATING EXPENSE
ESCALATIONS
Consumer Price Index Adjustments
I. Definitions
1.1 “Price Index” shall mean “The Consumer Price Index for U.S. City Average-
All Urban Consumers (1982-84 equals 100), issued by the Bureau of Labor Statistics of the
United States Department of Labor.
1.2 “Base Price Index” shall mean the Price Index for the month of January,
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NYC-WTC_000169951
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