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Last modified
5/30/2019 3:51:30 PM
Creation date
10/25/2017 9:27:20 AM
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Contracts
Company Name
CF SANTA ANA, LLC
Contract #
A-2017-264
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
10/3/2017
Expiration Date
3/31/2023
Destruction Year
2028
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of this Exhibit "E" shall automatically be deemed waived by Tenant Any review of records under this Section 4 of this Exhibit "E" shall be at the <br />sole expense of Tenant, shall be conducted by independent certified public accountants of national standing which are not compensated on a <br />contingency fee or similar basis relating to the results of such audit and shall be completed within sixty (60) days after Landlord provides Tenant with <br />access to Landlord's supporting books and records. Tenant acknowledges and agrees that any records of Landlord reviewed under this Section 4 of <br />this Exhibit "E" (and the information contained therein) constitute confidential information of Landlord, which shall not be disclosed other than to <br />Tenant's accountants performing the review and principals of Tenant who receive the results of the review. If Landlord disagrees with Tenant's <br />contention that an error exists with respect to the Landlord's Statement in dispute, Landlord shall have the right to cause another review or that <br />portion of Landlord's Statement to be made by a firm of independent certified public accountants of national standing selected by Landlord <br />("Landlord's Accountant'). In the event of a disagreement between the two accounting firms, the review of Landlord's Accountant shall be <br />deemed to be correct and shell be conclusively binding on both Landlord and Tenant. In the event that it is finally determined pursuant to this <br />Section 4 of this Exhibit "E" that a particular Landlord's Statement overstated Operating Expenses and Properly Taxes with respect to the applicable <br />Expense Year by more than len percent (IO%), Landlord shall reimburse Tenant for the reasonable cost of Tenant's accountant. In all o0ier cases, <br />Tenant shall be liable for Landlo l's Accountant's actual fees and expenses. <br />801 H'Chic Comer Dr—Ciaof'Smla AmaLeave -4- E\hiha E <br />
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