Common use of Baseball Arbitration Clause in Contracts

Baseball Arbitration. For all purposes of this Lease, Baseball Arbitration shall follow the following procedures: (a) Within twenty (20) days after Lessor’s receipt of Lessee’s Notice of Exercise, Lessee and Lessor shall each select an arbitrator (“Lessee’s Arbitrator” and “Lessor’s Arbitrator”, respectively) who shall be a qualified and impartial person licensed in the State of Nevada as an MAI appraiser with at least five (5) years of experience in appraising the type of matters for which they are called on to appraise hereunder in the East Sparks Market Area of Sparks, Nevada. (b) Lessor’s Arbitrator and Lessee’s Arbitrator shall name a third arbitrator, similarly qualified, within ten (10) days after the appointment of Lessor’s Arbitrator and Lessee’s Arbitrator. (c) Said third arbitrator shall, after due consideration of the factors to be taken into account under the definition of Market Rate set forth in Section 7.3 and hearing whatever evidence the arbitrator deems appropriate from Lessor, Lessee and others, and obtaining any other information the arbitrator deems necessary, in good faith, make its own determination of the Market Rate for the Premises as of the commencement of the Fourth Renewed Term (the “Arbitrator’s Initial Determination”) and thereafter select either Lessor’s Final Offer or the Lessee’s Final Offer, but no other, whichever is closest to the Arbitrator’s Initial Determination (the “Final Determination”), such determination to be made within thirty (30) days after the appointment of the third arbitrator. The Arbitrator’s Initial Determination, Final Determination and the market information upon which such determinations are based shall be in writing and counterparts thereof shall be delivered to Lessor and Lessee within said thirty (30) day period. The arbitrator shall have no right or ability to determine the Market Rate in any other manner. The Final Determination shall be binding upon the parties hereto. (d) The costs and fees of the third arbitrator shall be paid by Lessor if the Final Determination shall be Lessee’s Final Offer or by Lessee if the Final Determination shall be Lessor’s Final Offer. (e) If Lessee fails to appoint Lessee’s Arbitrator in the manner and within the time specified in Section 7.4, then the Market Rate for the Fourth Renewed Term shall be the Market Rate contained in the Lessor’s Final Offer. If Lessor fails to appoint Lessor’s Arbitrator in the manner and within the time specified in Section 7.4, then the Market Rate for the Fourth Renewed Term shall be the Market Rate contained in the Lessee’s Final Offer. If Lessee’s Arbitrator and Lessor’s Arbitrator fail to appoint the third arbitrator within the time and in the manner prescribed in Section 7.4 then Lessor and Lessee shall jointly and promptly apply to the local office of the American Arbitration Association for the appointment of the third arbitrator.

Baseball Arbitration. For all purposes of this Lease, Baseball Arbitration shall follow the following procedures: (a) Within twenty (20) days after Lessor’s receipt Landlord and Tenant disagree on the value of Lessee’s Notice of Exercisethe Premises, Lessee Tenant and Lessor Landlord shall each select an arbitrator (“LesseeTenant’s Arbitrator” and “LessorLandlord’s Arbitrator”, respectively) who shall be a qualified and impartial person licensed in the State of Nevada Florida as an a MAI appraiser (“Appraiser”) with at least five (5) years of experience in appraising the type of matters for which they are called on to appraise hereunder in the East Sparks Market Area of Sparks, Nevada.area where the Premises are located (b) LessorLandlord’s Arbitrator and LesseeTenant’s Arbitrator shall name a third arbitrator, similarly qualified, within ten (10) days after the appointment of LessorLandlord’s Arbitrator and LesseeTenant’s Arbitrator. (c) Said third arbitrator shall, after due consideration of the factors to be taken into account under the definition prevailing market rate for base rent for tenants of Market Rate set forth comparable quality for lease extensions in Section 7.3 property of comparable size, age, use, location and quality in the area where the Premises are located, taking into consideration the extent of the availability of such property as large as the Premises in the marketplace and all other economic terms then customarily prevailing in such similar ground leases in said marketplace, and hearing whatever evidence the arbitrator deems appropriate from Lessorthe Appraiser, Lessee Landlord, Tenant, Landlord’s Arbitrator and others, Tenant’s Arbitrator and others and obtaining any other information the arbitrator deems necessary, in good faith, make its own determination of the Market Rate fair market rental and/or value, as applicable for the Premises as of the commencement of the Fourth Renewed Term (the “Arbitrator’s Initial Determination”applicable Renewal Term(s) and thereafter select either Lessor’s Final Offer or the Lessee’s Final Offer, but no other, whichever is closest to the Arbitrator’s Initial Determination (the “Final Determination”), such determination to be made within thirty (30) days after the appointment of the third arbitrator, determine the fair market rent and/or value, as applicable for the Premises. The Arbitratorthird arbitrator’s Initial Determination, Final Determination and the market information upon which such determinations are based determination shall be in writing and counterparts thereof shall be delivered to Lessor Landlord and Lessee Tenant within said thirty (30) day period. The arbitrator shall have no right or ability to determine the Market Rate fair market rent and/or value in any other manner. The Final Determination third arbitrator’s determination shall be binding upon the parties hereto. (d) The costs and fees of the third arbitrator shall be paid equally by Lessor if the Final Determination shall be Lessee’s Final Offer or by Lessee if the Final Determination shall be Lessor’s Final Offerboth Landlord and Tenant. (e) If Lessee fails to appoint Lessee’s Arbitrator in the manner and within the time specified in Section 7.4, then the Market Rate for the Fourth Renewed Term shall be the Market Rate contained in the Lessor’s Final Offer. If Lessor fails to appoint Lessor’s Arbitrator in the manner and within the time specified in Section 7.4, then the Market Rate for the Fourth Renewed Term shall be the Market Rate contained in the Lessee’s Final Offer. If Lessee’s Arbitrator and Lessor’s Arbitrator fail to appoint the third arbitrator within the time and in the manner prescribed in Section 7.4 then Lessor and Lessee shall jointly and promptly apply to the local office of the American Arbitration Association for the appointment of the third arbitrator.

Baseball Arbitration. For all purposes of this Lease, Baseball Arbitration shall follow the following procedures: (ai) Within twenty (20) days after LessorLandlord’s receipt of LesseeTenant’s Notice of Exercise, Lessee Tenant and Lessor Landlord shall each select an arbitrator (“LesseeTenant’s Arbitrator” and “LessorLandlord’s Arbitrator”, respectively) who shall be a qualified and impartial person licensed in the State of Nevada California as an MAI appraiser with at least five (5) years of experience in appraising the type of matters for which they are called on to appraise hereunder in the East Sparks Market Area of Sparks, NevadaManhattan Beach/EI Segundo Area. (bii) LessorLandlord’s Arbitrator and LesseeTenant’s Arbitrator shall name a third arbitrator, similarly qualified, within ten (10) days after the appointment of LessorLandlord’s Arbitrator and LesseeTenant’s Arbitrator. (ciii) Said third arbitrator shall, after due consideration of the factors to be taken into account under the definition of Market Rate set forth in Section 7.3 27.2 and hearing whatever evidence the arbitrator deems appropriate from LessorLandlord, Lessee Tenant and others, and obtaining any other information the arbitrator deems necessary, in good faith, make its own determination of the Market Rate for the Premises as of the commencement of the Fourth Renewed applicable First Renewal Term or Second Renewal Term for a term equal to the duration of the applicable First Renewal Term or Second Renewal Term (the “Arbitrator’s Initial Determination”) and thereafter select either LessorLandlord’s Final Offer or the LesseeTenant’s Final Offer, but no other, whichever is closest to the Arbitrator’s Initial Determination (the “Final Determination”), such determination to be made within thirty (30) days after the appointment of the third arbitrator. The Arbitrator’s Initial Determination, Final Determination and the market information upon which such determinations are based shall be in writing and counterparts thereof shall be delivered to Lessor Landlord and Lessee Tenant within said thirty (30) day period. The arbitrator shall have no right or ability to determine the Market Rate in any other manner. The Final Determination shall be binding upon the parties hereto. (div) The costs and fees of the third arbitrator shall be paid by Lessor Landlord if the Final Determination shall be LesseeTenant’s Final Offer or by Lessee Tenant if the Final Determination shall be LessorLandlord’s Final Offer. (ev) If Lessee Tenant fails to appoint LesseeTenant’s Arbitrator in the manner and within the time specified in Section 7.427.4, then the Market Rate for the Fourth Renewed applicable First Renewal Term or Second Renewal Term shall be the Market Rate contained in the LessorLandlord’s Final Offer. If Lessor Landlord fails to appoint LessorLandlord’s Arbitrator in the manner and within the time specified in Section 7.4, 27.4 then the Market Rate for the Fourth Renewed applicable First Renewal Term or Second Renewal Term shall be the Market Rate contained in the LesseeTenant’s Final Offer. If LesseeTenant’s Arbitrator and LessorLandlord’s Arbitrator fail to appoint the third arbitrator within the time and in the manner prescribed in Section 7.4 then Lessor and Lessee shall jointly and promptly apply to the local office of the American Arbitration Association for the appointment of the third arbitrator.in

Baseball Arbitration. For all purposes of this Lease, Baseball Arbitration shall follow the following procedures: (a) Within twenty (20) 20 days after LessorLandlord’s receipt of LesseeTenant’s Notice of Exercise, Lessee Tenant and Lessor Landlord shall each select an arbitrator (“LesseeTenant’s Arbitrator” and “LessorLandlord’s Arbitrator”, respectively) who shall be a qualified and impartial person licensed in the State of Nevada California as an MAI appraiser with at least five (5) years of experience in appraising the type of matters for which they are called on to appraise hereunder under this Article XXV in the East Sparks Market Area of Sparks, NevadaNorth San ▇▇▇▇/Santa ▇▇▇▇▇ market area. (b) LessorLandlord’s Arbitrator and LesseeTenant’s Arbitrator shall name a third arbitrator, similarly qualified, within ten (10) 10 days after the appointment of LessorLandlord’s Arbitrator and LesseeTenant’s Arbitrator. (c) Said third arbitrator shall, after due consideration of the factors to be taken into account under the definition of Market Rate set forth in Section 7.3 25.2 and hearing whatever evidence the arbitrator deems appropriate from LessorLandlord, Lessee Tenant and others, and obtaining any other information the arbitrator deems necessary, in good faith, make its own determination of the Market Rate for the Premises as of the commencement of the Fourth Renewed applicable Renewal Term (the “Arbitrator’s Initial Determination”) and thereafter select either LessorLandlord’s Final Offer or the LesseeTenant’s Final Offer, but no other, whichever is closest to the Arbitrator’s Initial Determination (the “Final Determination”), such determination to be made within thirty (30) 30 days after the appointment of the third arbitrator. The Arbitrator’s Initial Determination, Final Determination and the market information upon which such determinations are based shall be in writing and counterparts thereof shall be delivered to Lessor Landlord and Lessee Tenant within said thirty (30) 30 day period. The arbitrator shall have no right or ability to determine the Market Rate in any other manner. The Final Determination shall be binding upon the parties hereto. (d) The costs and fees of the third arbitrator shall be paid by Lessor Landlord if the Final Determination shall be LesseeTenant’s Final Offer or by Lessee Tenant if the Final Determination shall be LessorLandlord’s Final Offer. (e) If Lessee Tenant fails to appoint LesseeTenant’s Arbitrator in the manner and within the time specified in Section 7.425.4, then the Market Rate for the Fourth Renewed applicable Renewal Term shall be the Market Rate contained in the LessorLandlord’s Final Offer. If Lessor Landlord fails to appoint LessorLandlord’s Arbitrator in the manner and within the time specified in Section 7.4, 25.4 then the Market Rate for the Fourth Renewed applicable Renewal Term shall be the Market Rate contained in the LesseeTenant’s Final Offer. If LesseeTenant’s Arbitrator and LessorLandlord’s Arbitrator fail to appoint the third arbitrator within the time and in the manner prescribed in Section 7.4 25.4, then Lessor Landlord and Lessee Tenant shall jointly and promptly apply to the local office of the American Arbitration Association for the appointment of the third arbitrator.