NYC 9/11 Public Portal Document
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 xxx 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 davs after the
date due, Tenant may, upon thirty (30) days’ written notice, withhold all Additional Rent due and
owing to Landlord < including but not limited-to Real Estate-Tax Escalations and> 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 -<teHn> Term hereof.
Pending any audit by the Tenant or Comptroller of Operating Expense Escalations for
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NYC-WTC_000170591
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