NYC 9/11 Public Portal Document
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;
completion of such audit Tenant shall be allow) Imm^iately overcharges detected upon
audit fr ifhentof rent then becoming due, or if at the end of the Lease term Tenant
shall be entitled to a HlW:ltT«irord for such miiuuiils tvitluTi -days
>sA-t<*Fmina-tiftn nr pvpiratinn^y except that if Landlord shall dispute the correctness of
Tenant’s audit, the dispute shall be resolved bv arbitration, in the mamfeForovided bv the
rules and befocc-the American Arbitration Association (or^anv successor organization) in New
York County, with a panel of three arl and judgment on any award mav be entered in
any court having jurisdiction. Pending such determination. Tenant shall not be all 22
make any deductions from rent.
Tenant shall have the right to copy, examine and audit Landlord's Base Year Operating
Statement.
<-A.2. Landlords Statement-of Operating Expense E8oolatioH9--> A.2
LANDLORD’ S STATEMENT OF OPERATING EXPENSE
ESCALATIONS
Consumer Price Index Adjustments
1. 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
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NYC-WTC_000170592
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