SUCH PERCENTAGE RENT PAYMENTS) SHALL PAY OR SHALL
REIMBURSE LANDLORD ON DEMAND FOR PAYMENT OF THE REASONABLE COSTS AND EXPENSES
INVOLVED IN SUCH REVIEW.
(B)
INCORRECT PAYMENTS OF CHARGES.
SHOULD ANY AUDIT PERFORMED BY LANDLORD,
LANDLORD'S AGENT OR DESIGNEE DISCLOSE THAT LOBBY SUBLEASE SPACE ADJUSTED GROSS
REVENUES WERE UNDERSTATED OR THAT TENANT OTHERWISE PROVIDED INFORMATION THAT LED
TO AN UNDERPAYMENT OF (OR ON ACCOUNT OF) CHARGES, THEN ANY UNDERPAYMENTS SHALL
BE PAID TO LANDLORD (I) WITHIN FIVE (5) DAYS AFTER TENANT HAS RECEIVED NOTICE OF
SUCH UNDERPAYMENT FROM LANDLORD, BUT SUCH PAYMENT SHALL BE WITHOUT PREJUDICE TO
TENANT'S RIGHT TO DISPUTE ANY SUCH NOTICE OF UNDERPAYMENT OR (II) AT TENANT'S
OPTION, WITHIN FIVE (5) DAYS AFTER RESOLUTION OF ANY DISPUTE AS TO ANY SUCH
UNDERPAYMENT.
ANY UNDERPAYMENT UNDER THIS SECTION 3.13(B) SHALL BEAR INTEREST
AT THE INTEREST RATE FROM THE DATE ON WHICH THE PAYMENT FIRST SHOULD HAVE BEEN
MADE TO THE DATE SUCH UNDERPAYMENT IS PAID.
ANY OVERPAYMENT OF CHARGES, AFTER
THE RESOLUTION OF ANY DISPUTE WITH RESPECT THERETO (TOGETHER WITH INTEREST AT
THE INTEREST RATE FROM THE DATE OF OVERPAYMENT TO THE DATE SUCH OVERPAYMENT IS
CREDITED OR REFUNDED), SHALL BE CREDITED AGAINST THE NEXT INSTALLMENT(S) OF
CHARGES, PROVIDED THAT ANY AMOUNT UNRECOVERED AT THE EXPIRATION DATE SHALL BE
PAID BY LANDLORD TO TENANT OR IF TENANT EXERCISES ITS OPTION UNDER ARTICLE V
HEREOF OF THIS LEASE, SHALL BE ALLOWED AS A CREDIT AGAINST THE PURCHASE PRICE.
IF THE SUM OF SUCH CREDIT AND ANY OTHER CREDITS AGAINST THE PURCHASE PRICE
EXCEEDS THE PURCHASE PRICE, THEN LANDLORD SHALL PAY TENANT ON THE PURCHASE
OPTION CLOSING DATE THE AMOUNT BY WHICH THE AGGREGATE OF ALL CREDITS AGAINST THE
PURCHASE PRICE EXCEEDS THE PURCHASE PRICE.
ANY DISPUTE AS TO ANY PAYMENT OF
CHARGES OR THE CALCULATION THEREOF SHALL BE RESOLVED PURSUANT TO ARBITRATION AS
PROVIDED IN SECTION 16.2 HEREOF.
(C)
RIGHT TO PREPARE STATEMENTS.
IF TENANT SHALL FAIL TO DELIVER TO LANDLORD
ANY REPORT OR VERIFIED STATEMENT REQUIRED BY THIS ARTICLE III ON OR PRIOR TO THE
DUE DATE THEREOF, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES LANDLORD MAY HAVE
UNDER THIS LEASE AND WITHOUT THEREBY WAIVING SUCH DEFAULT BY TENANT, LANDLORD
SHALL BE ENTITLED, AFTER FIFTEEN (15) BUSINESS DAYS' PRIOR NOTICE TO TENANT IF
TENANT SHALL HAVE NOT CURED SUCH DEFAULT WITHIN SUCH PERIOD, AT TENANT'S
EXPENSE, TO HAVE SUCH REPORT OR VERIFIED STATEMENT PREPARED BY A CERTIFIED
PUBLIC ACCOUNTANT SELECTED BY LANDLORD.
LANDLORD AND SUCH CERTIFIED PUBLIC
ACCOUNTANT SHALL HAVE THE RIGHT TO REVIEW TENANT'S RELEVANT BOOKS AND RECORDS
WITH RESPECT TO THE PROPERTY RELATING TO THE RELEVANT OVERDUE REPORT OR VERIFIED
STATEMENT ON DEMAND AND TO MAKE SUCH COPIES THEREOF AS EITHER SHALL REASONABLY
REQUIRE.
ALL FEES AND EXPENSES INCURRED IN THE PREPARATION OF ANY SUCH OVERDUE
VERIFIED STATEMENT OR REPORT SHALL BE PAYABLE BY TENANT ON DEMAND AS ADDITIONAL
CHARGES HEREUNDER.
(D)
COPIES OF REPORTS.
TENANT SHALL DELIVER TO LANDLORD UPON REQUEST BY
LANDLORD, COPIES OF REPORTS RECEIVED OR GIVEN BY TENANT FROM OR TO