NYC 9/11 Public Portal Document
duration) of such waiver by the Port Authority. Landlord makes no representation to Tenant that
any of the provisions of this Paragraph (D) shall be effective and the failure to obtain same shall
have no effect on this Lease. In the event Real Estate Taxes shall become payable for the Real
Property, said reduction in Base Rent shall immediately cease and the Base Rent shall be fully
restored to the rentals set forth in Article 2.
E. RIGHT TO AUDIT
Tenant and its authorized representative shall have the right to examine, copy and audit
any and all books and records of Landlord, pertinent to the escalations under this Article
including but not limited to original invoices, originals of executed contracts, original cancelled
checks, general ledgers and books of original entry, for the purpose of verifying the accuracy of
any statement furnished by Landlord to Tenant. All statements are subject to audit by the
occupying agency or its representative and post-audit by the Office of the Comptroller. Landlord
shall be required to retain the books and records required herein, at its main office or such other
location within New York City as it may designate, for six (6) years after the period to which
they relate.
Upon Tenant's request. Landlord shall notify Tenant of (i) any protest filed by any
other tenant regarding any amounts billed pursuant to this Article and of (ii) any audits, resolution
of audits, claims for refund of overpayments, settlements of overpayments, refunds of
overpayments, and litigation and arbitration proceedings for recovery of overpayments, where
such audits and other actions result in a determination that overcharges have occurred under this
Article.
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