Common use of Appraisers Clause in Contracts

Appraisers. Within thirty (30) days after the selection of the third appraiser, a majority of the appraisers shall set the Initial Base Rent for the Extended Term. If a majority of the appraisers are unable to set the Initial Base Rent within the stipulated period of time, Landlord's appraiser shall arrange for simultaneous exchange of written appraisals from each of the appraisers and the three (3) appraisals shall be added together and their total divided by three (3); the resulting quotient shall be the Initial Base Rent for the Premises during the Extended Term. If, however, the low appraisal and/or the high appraisal are/is more than fifteen percent (15%) lower and/or higher than the middle appraisal, such low appraisal and/or high appraisal shall be disregarded. If only one (1) appraisal is disregarded, the remaining two (2) appraisals shall be added together and their total divided by two (2); the resulting quotient shall be the Initial Base Rent for the Premises during the Extended Term. If both the low appraisal and the high appraisal are disregarded as stated in this Paragraph 31.c.3), the middle appraisal shall be the Initial Base Rent for the Premises during the Extended Term.

Appraisers. Within thirty (30) days after the selection of the third appraiser, a majority of the appraisers shall set the Initial Base Rent for the Extended Term. If a majority of the appraisers are unable to set the Initial Base Rent within the stipulated period of time, Landlord's appraiser shall arrange for simultaneous exchange of written appraisals from each of the appraisers and the three (3) appraisals shall be added together and their total divided by three (3); the resulting quotient shall be the Initial Base Rent for the Premises during the Extended Term. If, however, the low appraisal and/or the high appraisal are/is more than fifteen percent (15%) lower and/or higher than the middle appraisal, such low appraisal and/or high appraisal shall be disregarded. If only one (1) appraisal is disregarded, the remaining two (2) appraisals shall be added together and their total divided by two (2); the resulting quotient shall be the Initial Base Rent for the Premises during the Extended Term. If both the low appraisal and the high appraisal are disregarded as stated in this Paragraph 31.c.3(P)31 .c.3), the middle appraisal shall be the Initial Base Rent for the Premises during the Extended Term.

Appraisers. Within thirty (30) days after the selection of the a third appraiser, a majority of the appraisers shall set the Initial Base Rent for the Extended Extension Term. If a majority of the appraisers are Appraisers is unable to set the Initial Base Rent within the stipulated period of time, LandlordLessor's appraiser shall arrange for a simultaneous exchange of written appraisals from each of the appraisers and the three (3) appraisals shall be added together and their total divided by three (3); the resulting quotient shall be the Initial Base Rent for the Premises during the Extended Extension Term. If, however, the low appraisal and/or the high appraisal are/is more than fifteen ten percent (1510%) lower and/or higher than the middle appraisal, such low the lower appraisal and/or high higher appraisal shall be disregarded. If only one (1) appraisal is disregarded, the remaining two (2) appraisals shall be added together and their total divided by two (2); the resulting quotient shall be the Initial Base Rent for the Premises during the Extended Extension Term. If both the low appraisal and the high appraisal are disregarded as stated in this Paragraph 31.c.3)paragraph, the middle appraisal shall be the Initial Base Rent for the Premises during the Extended Extension Term.

Appraisers. Within thirty (30) days after the selection of the third appraiser, a majority of the appraisers shall set the Initial Base Rent for the Extended Term. If a majority of the appraisers are unable to set the Initial Base Rent within the stipulated period of time, Landlord's appraiser shall arrange for simultaneous exchange of written appraisals from each of the appraisers and the three (3) appraisals shall be added together and their total divided by three (3); the resulting quotient shall be the Initial Base Rent for the Premises during the Extended Term. If, however, the low appraisal and/or the high appraisal are/is more than fifteen percent (15%) lower and/or higher than the middle appraisal, such low appraisal and/or high appraisal shall be disregarded. If only one (1) appraisal is disregarded, the remaining two (2) appraisals shall be added together and their total divided by two (2); the resulting quotient shall be the Initial Base Rent for the Premises during the Extended Term. If both the low appraisal and the high appraisal are disregarded as stated in this Paragraph 31.c.3par30.c.3), the middle appraisal shall be the Initial Base Rent for the Premises during the Extended Term.

Appraisers. Within thirty (30) days after the selection of the third appraiser, a majority of the appraisers shall set the Initial Base Rent for the Extended Extension Term. If a majority of the appraisers are is unable to set the Initial Base Rent within the stipulated period of time, LandlordLessor's appraiser shall arrange for simultaneous exchange of written appraisals from each of the appraisers and the three (3) appraisals shall be added together and their total divided by three (3); the resulting quotient shall be the Initial Base Rent for the Premises during the Extended Extension Term. If, however, the low appraisal and/or the high appraisal are/is more than fifteen ten percent (1510%) lower and/or higher than the middle appraisal, such the low appraisal and/or the high appraisal shall be disregarded. If only one (1) appraisal is disregarded, the remaining remain two (2) appraisals shall be added together and their total divided by two (2); the resulting quotient shall be the Initial Base Rent for the Premises during the Extended Extension Term. If both the low appraisal and the high appraisal are disregarded as stated in this Paragraph 31.c.3)paragraph, the middle appraisal shall be the Initial Base Rent for the Premises during the Extended Extension Term.

Appraisers. Within thirty (30) days after the selection of the third appraiser, a majority of the appraisers shall set the Initial Base Rent for the Extended Extension Term. If a majority of the appraisers are is unable to set the Initial Base Rent within the stipulated period of time, Landlord's appraiser shall arrange for simultaneous exchange of written appraisals from each of the appraisers and the three (3) appraisals shall be added together and their total divided by three (3); ninety-five percent (95%) of the resulting quotient shall be the Initial initial Base Rent for the Premises during the Extended Extension Term. If, however, the low appraisal and/or the high appraisal are/is more than fifteen ten percent (1510%) lower and/or higher than the middle appraisal, such the low appraisal and/or the high appraisal shall be disregarded. If only one (1) appraisal is disregarded, the remaining two (2) appraisals shall be added together and their total divided by two (2); ninety-five percent (95%) of the resulting quotient shall be the Initial initial Base Rent for the Premises during the Extended Extension Term. If both the low appraisal and the high appraisal are disregarded as stated in this Paragraph 31.c.3)Paragraph, ninety-five percent (95%) of the middle appraisal shall be the Initial initial Base Rent for the Premises during the Extended Extension Term.

Appraisers. The Appraisers shall determine the Fair Market Rent by using the "Market Comparison Approach" with the relevant market being buildings located in Ardenwood Corporate Commons, in Fremont, California, of a quality and age and with interior improvements (other than those constructed and paid for by Tenant), parking, site amenities, building systems, location, identity and access all comparable to that of the Premises. Within thirty (30) days after the selection of the third appraiser, a majority of the appraisers shall set the Initial Base Rent for the Extended Term. If a majority of the appraisers are unable to set the Initial Base Rent within the stipulated period of time, Landlord's appraiser Landxxxx'x xppraiser shall arrange for the simultaneous exchange delivery to Landlord of written appraisals from each of the appraisers and the three (3) appraisals shall be added together and their total divided by three (3); the resulting quotient shall be the Initial monthly Base Rent for the Premises during the Extended Extension Term. If, however, the low appraisal and/or the high appraisal are/is more than fifteen ten percent (1510%) lower and/or higher than the middle appraisal, such the low appraisal and/or the high appraisal shall be disregarded. If only one (1) appraisal is disregarded, the remaining two (2) appraisals shall be added together and their total divided by two (2); the resulting quotient shall be the Initial monthly Base Rent for the Premises during the Extended Extension Term. If both the low appraisal and the high appraisal are disregarded as stated in this Paragraph 31.c.3)Section, the middle appraisal shall be the Initial monthly Base Rent for the Premises during the Extended Extension Term.

Appraisers. Within thirty (30) days after the selection of the third appraiser, a majority of the appraisers shall set the Initial monthly Base Rent for the Extended Extension Term. If a majority of the appraisers are is unable to set the Initial monthly Base Rent within the stipulated period of time, Landlord's appraiser shall arrange for simultaneous exchange of written appraisals from each of the appraisers and the three (3) appraisals shall be added together and their total divided by three (3); the resulting quotient shall be the Initial monthly Base Rent for the Premises Property during the Extended Extension Term. If, however, the low appraisal and/or the high appraisal are/is more than fifteen ten percent (1510%) lower and/or higher than the middle appraisal, such the low appraisal and/or the high appraisal shall be disregarded. If only one (1) appraisal is disregarded, the remaining two (2) appraisals shall be added together and their total divided by two (2); the resulting quotient shall be the Initial monthly Base Rent for the Premises Property during the Extended Extension Term. If both the low appraisal and the high appraisal are disregarded as stated in this Paragraph 31.c.3)Section, the middle appraisal shall be the Initial monthly Base Rent for the Premises Property during the Extended Extension Term.

Appraisers. Within thirty (30) days after the selection of the third appraiser, a majority of the appraisers shall set the Initial Base Rent for the Extended Extension Term. If a majority of the appraisers are is unable to set the Initial Base Rent for within the stipulated period of time, Landlord's appraiser shall arrange for simultaneous exchange of written appraisals of the fair market rental value of the Premises from each of the appraisers and the three (3) appraisals shall be added together and their total divided by three (3); ninety five percent (95%) of the resulting quotient shall be the Initial Base Rent for the Premises during the Extended Extension Term. If, however, the low appraisal and/or the high appraisal are/is more than fifteen ten percent (1510%) lower and/or higher than the middle appraisal, such the low appraisal and/or the high appraisal shall be disregarded. If only one (1) appraisal is disregarded, the remaining two (2) appraisals shall be added together and their total divided by two (2); ninety five percent (95%) of the resulting quotient shall be the Initial Base Rent for the Premises during the Extended Extension Term. If both the low appraisal and the high appraisal are disregarded as stated in this Paragraph 31.c.3)Paragraph, ninety five percent (95%) of the middle appraisal shall be the Initial Base Rent for the Premises during the Extended Extension Term.

Appraisers. Within thirty (30) days after the selection of the third appraiser, a majority of the appraisers shall set the Initial Base Rent for the Extended Term. If a majority of the appraisers are unable to set the Initial Base Rent within the stipulated period of time, Landlord's appraiser shall arrange for simultaneous exchange of written appraisals from each of the appraisers and the three (3) appraisals shall be added together and their total divided by three (3); the resulting quotient shall be the Initial Base Rent for the Premises during the Extended Term. If, however, the low appraisal and/or the high appraisal are/is more than fifteen percent (15%) lower and/or higher than the middle appraisal, such low appraisal and/or high appraisal shall be disregarded. If only one (1) appraisal is disregarded, the remaining two (2) appraisals shall be added together and their total divided by two (2); the resulting quotient shall be the Initial Base Rent for the Premises during the Extended Term. If both the low appraisal and the high appraisal are disregarded as stated in this Paragraph 31.c.3(P)32.c.3), the middle appraisal shall be the Initial Base Rent for the Premises during the Extended Term.

Appraisers. Within thirty (30) days after ---------------------------------------- the selection of the a third appraiser, a majority of the appraisers shall set the Initial Base Rent for the Extended Extension Term. If a majority of the appraisers are Appraisers is unable to set the Initial Base Rent within the stipulated period of time, LandlordLessor's appraiser shall arrange for a simultaneous exchange of written appraisals from each of the appraisers and the three (3) appraisals shall be added together and their total divided by three (3); the resulting quotient shall be the Initial Base Rent for the Premises during the Extended Extension Term. If, however, the low appraisal and/or the high appraisal areand/is more than fifteen ten percent (1510%) lower and/or higher than the middle appraisal, such low the lower appraisal and/or high higher appraisal shall be disregarded. If only one (1) appraisal is disregarded, the remaining two (2) appraisals shall be added together and their total divided by two (2); the resulting quotient shall be the Initial Base Rent for the Premises during the Extended Extension Term. If both the low appraisal and the high appraisal are disregarded as stated in this Paragraph 31.c.3)paragraph, the middle appraisal shall be the Initial Base Rent for the Premises during the Extended Extension Term.

Appraisers. Within thirty ---------------------------------------- (30) days after the selection of the third appraiser, a majority of the appraisers shall set the Initial Base Rent for the Extended Extension Term. If a majority of the appraisers are is unable to set the Initial Base Rent within the stipulated period of time, Landlord's appraiser shall arrange for simultaneous exchange of written appraisals of the fair market rental value of the Premises from each of the appraisers and the three (3) appraisals shall be added together and their total divided by three (3); ninety five percent (95%) of the resulting quotient shall be the Initial Base Rent for the Premises during the Extended Extension Term. If, however, the low appraisal and/or the high appraisal are/is more than fifteen ten percent (1510%) lower and/or higher than the middle appraisal, such the low appraisal and/or the high appraisal shall be disregarded. If only one (1) appraisal is disregarded, the remaining two (2) appraisals shall be added together and their total divided by two (2); ninety five percent (95%) of the resulting quotient shall be the Initial Base Rent for the Premises during the Extended Extension Term. If both the low appraisal and the high appraisal are disregarded as stated in this Paragraph 31.c.3)Paragraph, ninety five percent (95%) of the middle appraisal shall be the Initial Base Rent for the Premises during the Extended Extension Term.