NYC 9/11 Public Portal Document
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 Operating Expense Escalations for
any calendar and/or fiscal year, including 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, cxcq)t that if Landlord shall dispute the correctness of Tenant’s
audit, the dispute shall-be-reselved by arbitration, in-themimner provided by-fhe-rules and before
the American Arbitration Association-(er-any sueccssof-orgamgatien) in New York Countyrwith
a panel of three arbitrators and judgment on any-award may be entered in any court having
jurisdiction-. Pending such determination; Tenant shall not-be allowed to make aty deductions
from rent.
Tenant shall have the right to copy, examine and audit Landlord's Base Year Operating
Statement.
A.2 LANDLORD’S STATEMENT OF OPERA1 iiJDS EXPENSE
ESCALATIONS
Consumer Price Index Adjustments
TrniTCT s
1. Definiti
12
NYC-WTC_000170459
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