Common use of Baseball Arbitration Clause in Contracts

Baseball Arbitration. For purposes of this Lease, Baseball Arbitration shall follow the following procedures: (a) Within twenty (20) days after Landlord and Tenant disagree on the value of the Premises, Tenant and Landlord shall each select an arbitrator (“Tenant’s Arbitrator” and “Landlord’s Arbitrator”, respectively) who shall be a qualified and impartial person licensed in the State of Florida as 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 area where the Premises are located (b) Landlord’s Arbitrator and Tenant’s Arbitrator shall name a third arbitrator, similarly qualified, within ten (10) days after the appointment of Landlord’s Arbitrator and Tenant’s Arbitrator. (c) Said third arbitrator shall, after due consideration of the factors to be taken into account the prevailing market rate for base rent for tenants of comparable quality for lease extensions in 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 the Appraiser, Landlord, Tenant, Landlord’s Arbitrator and Tenant’s Arbitrator and others and obtaining any other information the arbitrator deems necessary, in good faith, make its own determination of the fair market rental and/or value, as applicable for the Premises as of the commencement of the applicable Renewal Term(s) and within (30) days after the appointment of the third arbitrator, determine the fair market rent and/or value, as applicable for the Premises. The third arbitrator’s determination shall be in writing and counterparts thereof shall be delivered to Landlord and Tenant within said thirty (30) day period. The arbitrator shall have no right or ability to determine the fair market rent and/or value in any other manner. The 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 both Landlord and Tenant.

Baseball Arbitration. For all purposes of this Lease, Baseball Arbitration shall follow the following procedures: (a) Within twenty (20) days after Landlord Lessor’s receipt of Lessee’s Notice of Exercise, Lessee and Tenant disagree on the value of the Premises, Tenant and Landlord Lessor shall each select an arbitrator (“TenantLessee’s Arbitrator” and “LandlordLessor’s Arbitrator”, respectively) who shall be a qualified and impartial person licensed in the State of Florida Nevada as a an 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 area where the Premises are locatedEast Sparks Market Area of Sparks, Nevada. (b) LandlordLessor’s Arbitrator and TenantLessee’s Arbitrator shall name a third arbitrator, similarly qualified, within ten (10) days after the appointment of LandlordLessor’s Arbitrator and TenantLessee’s Arbitrator. (c) Said third arbitrator shall, after due consideration of the factors to be taken into account under the prevailing market rate for base rent for tenants definition of comparable quality for lease extensions Market Rate set forth in 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, Section 7.3 and hearing whatever evidence the arbitrator deems appropriate from the AppraiserLessor, LandlordLessee and others, Tenant, Landlord’s Arbitrator and Tenant’s Arbitrator and others and obtaining any other information the arbitrator deems necessary, in good faith, make its own determination of the fair market rental and/or value, as applicable Market Rate for the Premises as of the commencement of the applicable Renewal Term(sFourth 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, determine the fair market rent and/or value, as applicable for the Premises. The third arbitratorArbitrator’s determination 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 Landlord Lessor and Tenant Lessee within said thirty (30) day period. The arbitrator shall have no right or ability to determine the fair market rent and/or value Market Rate in any other manner. The third arbitrator’s determination Final Determination shall be binding upon the parties hereto. (d) The costs and fees of the third arbitrator shall be paid equally by both Landlord 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 Tenantwithin 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 Arbitration” shall follow the following procedures: (a) Within twenty If there is a discrepancy greater than ten percent (2010%) of the higher of the two (2) proposed Final Offers, within thirty (30) days after the FMRV Deadline, Landlord and Tenant disagree on the value of the Premises, Tenant and Landlord shall each select an arbitrator (“Tenant’s Arbitrator” and “Landlord’s Arbitrator”, respectively) who shall be a qualified and impartial person licensed in the State of Florida as a MAI appraiser (“Qualified 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 area where the Premises are located. (b) Landlord’s Arbitrator Qualified Appraiser and Tenant▇▇▇▇▇▇’s Arbitrator Qualified Appraiser shall name a third arbitratorQualified Appraiser, similarly qualifiedqualified and impartial, within ten (10) days after the appointment of Landlord’s Arbitrator Qualified Appraiser and Tenant’s ArbitratorTenant‘s Qualified Appraiser. (c) Said third arbitrator Qualified Appraiser shall, after due consideration of the factors to be taken into account under the prevailing market rate for base rent for tenants definition of comparable quality for lease extensions in 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, Fair Market Rent Value set forth above and hearing whatever evidence the arbitrator Qualified Appraiser deems appropriate from the Appraiser, Landlord, TenantTenant and others, Landlord’s Arbitrator and Tenant’s Arbitrator and others and obtaining any other information the arbitrator Qualified Appraiser deems necessary, in good faith, make its own determination of the fair market rental and/or value, as applicable Fair Market Rent Value for the Premises as of the commencement of the applicable Renewal Term(speriod for which it will apply (the “Qualified Appraiser’s Initial Determination”) and thereafter select either Landlord’s Final Offer or the Tenant’s Final Offer, but no other, whichever is closest to the Qualified Appraiser’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 PremisesQualified Appraiser. The third arbitratorQualified Appraiser’s determination 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 Landlord and Tenant within said thirty (30) day period. The arbitrator shall have no right or ability to determine the fair market rent and/or value Fair Market Rent Value in any other manner. The third arbitrator’s determination Final Determination shall be binding upon the parties hereto. (d) The costs and fees of the third arbitrator Qualified Appraiser shall be paid equally by both Landlord if the Final Determination shall be Tenant’s Final Offer or by Tenant if the Final Determination shall be Landlord’s Final Offer. (e) If Tenant fails to appoint ▇▇▇▇▇▇’s Qualified Appraiser in the manner and within the time specified in subparagraph (a), then the Fair Market Rent Value for the applicable period for which it will apply shall be the Fair Market Rent Value contained in the Landlord’s Final Offer. If Landlord fails to appoint ▇▇▇▇▇▇▇▇’s Qualified Appraiser in the manner and within the time specified in subparagraph (a) above, then the Fair Market Rent Value for the applicable period for which it will apply shall be the Fair Market Rent Value contained in the Tenant’s Final Offer. If ▇▇▇▇▇▇’s Qualified Appraiser and Landlord’s Qualified Appraiser fail to appoint the third arbitrator within the time and in the manner prescribed in herein, then Landlord and Tenant shall jointly and promptly apply to the local office of the American Arbitration Association for the appointment of the third Qualified Appraiser. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: , 2022 (the “Lease”) made and entered into by and between (“Landlord”), and , LLC, a Delaware limited liability company (“Tenant”). 1. Landlord and Tenant have entered into the Lease with respect to that certain premises (the “Premises”) described in Exhibit A attached hereto. 2. The Lease has a site investigation and entitlement period that will not exceed days from the date hereof, during which period Tenant shall have a right to either (i) terminate the Lease or (ii) continue to lease the Premises upon the terms more fully set forth in the Lease. Accordingly, ▇▇▇▇▇▇ does not currently have a possessory or leasehold interest in the Premises.

Baseball Arbitration. For all purposes of this Lease, Baseball Arbitration shall follow the following procedures: (ai) Within twenty (20) days after Landlord and Tenant disagree on the value Landlord’s receipt of the PremisesTenant’s Notice of Exercise, Tenant and Landlord shall each select an arbitrator (“Tenant’s Arbitrator” and “Landlord’s Arbitrator”, respectively) who shall be a qualified and impartial person licensed in the State of Florida California as a an 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 area where the Premises are locatedManhattan Beach/EI Segundo Area. (bii) Landlord’s Arbitrator and Tenant’s Arbitrator shall name a third arbitrator, similarly qualified, within ten (10) days after the appointment of Landlord’s Arbitrator and Tenant’s Arbitrator. (ciii) Said third arbitrator shall, after due consideration of the factors to be taken into account under the prevailing market rate for base rent for tenants definition of comparable quality for lease extensions Market Rate set forth in 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, Section 27.2 and hearing whatever evidence the arbitrator deems appropriate from the Appraiser, Landlord, TenantTenant and others, Landlord’s Arbitrator and Tenant’s Arbitrator and others and obtaining any other information the arbitrator deems necessary, in good faith, make its own determination of the fair market rental and/or value, as applicable Market Rate for the Premises as of the commencement of the applicable First Renewal Term(sTerm 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 Landlord’s Final Offer or the Tenant’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 third arbitratorArbitrator’s determination 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 Landlord and Tenant within said thirty (30) day period. The arbitrator shall have no right or ability to determine the fair market rent and/or value Market Rate in any other manner. The third arbitrator’s determination Final Determination shall be binding upon the parties hereto. (div) The costs and fees of the third arbitrator shall be paid equally by both Landlord if the Final Determination shall be Tenant’s Final Offer or by Tenant if the Final Determination shall be Landlord’s Final Offer. (v) If Tenant fails to appoint Tenant’s Arbitrator in the manner and within the time specified in Section 27.4, then the Market Rate for the applicable First Renewal Term or Second Renewal Term shall be the Market Rate contained in the Landlord’s Final Offer. If Landlord fails to appoint Landlord’s Arbitrator in the manner and within the time specified in Section 27.4 then the Market Rate for the applicable First Renewal Term or Second Renewal Term shall be the Market Rate contained in the Tenant.’s Final Offer. If Tenant’s Arbitrator and Landlord’s Arbitrator fail to appoint the third arbitrator within the time and in the manner prescribed in

Baseball Arbitration. For all purposes of this Lease, Baseball Arbitration shall follow the following procedures: (a) Within twenty (20) 20 days after Landlord and Tenant disagree on the value Landlord’s receipt of the PremisesTenant’s Notice of Exercise, Tenant and Landlord shall each select an arbitrator (“Tenant’s Arbitrator” and “Landlord’s Arbitrator”, respectively) who shall be a qualified and impartial person licensed in the State of Florida California as a an 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 under this Article XXV in the area where the Premises are locatedNorth San ▇▇▇▇/Santa ▇▇▇▇▇ market area. (b) Landlord’s Arbitrator and Tenant’s Arbitrator shall name a third arbitrator, similarly qualified, within ten (10) 10 days after the appointment of Landlord’s Arbitrator and Tenant’s Arbitrator. (c) Said third arbitrator shall, after due consideration of the factors to be taken into account under the prevailing market rate for base rent for tenants definition of comparable quality for lease extensions Market Rate set forth in 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, Section 25.2 and hearing whatever evidence the arbitrator deems appropriate from the Appraiser, Landlord, TenantTenant and others, Landlord’s Arbitrator and Tenant’s Arbitrator and others and obtaining any other information the arbitrator deems necessary, in good faith, make its own determination of the fair market rental and/or value, as applicable Market Rate for the Premises as of the commencement of the applicable Renewal Term(sTerm (the “Arbitrator’s Initial Determination”) and thereafter select either Landlord’s Final Offer or the Tenant’s Final Offer, but no other, whichever is closest to the Arbitrator’s Initial Determination (the “Final Determination”), such determination to be made within (30) 30 days after the appointment of the third arbitrator, determine the fair market rent and/or value, as applicable for the Premises. The third arbitratorArbitrator’s determination 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 Landlord and Tenant within said thirty (30) 30 day period. The arbitrator shall have no right or ability to determine the fair market rent and/or value Market Rate in any other manner. The third arbitrator’s determination Final Determination shall be binding upon the parties hereto. (d) The costs and fees of the third arbitrator shall be paid equally by both Landlord if the Final Determination shall be Tenant’s Final Offer or by Tenant if the Final Determination shall be Landlord’s Final Offer. (e) If Tenant fails to appoint Tenant’s Arbitrator in the manner and within the time specified in Section 25.4, then the Market Rate for the applicable Renewal Term shall be the Market Rate contained in the Landlord’s Final Offer. If Landlord fails to appoint Landlord’s Arbitrator in the manner and within the time specified in Section 25.4 then the Market Rate for the applicable Renewal Term shall be the Market Rate contained in the Tenant’s Final Offer. If Tenant’s Arbitrator and Landlord’s Arbitrator fail to appoint the third arbitrator within the time and in the manner prescribed in Section 25.4, then Landlord and TenantTenant 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) 20 days after the deadline for Landlord and Tenant disagree on the value of the Premisesto present their respective Final Offers, Tenant and Landlord shall each select an arbitrator (“Tenant’s Arbitrator” and “Landlord’s Arbitrator”, respectively) who shall be a qualified and impartial person licensed in the State of Florida California as a an 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 area where the Premises are locatedSilicon Valley market area. (b) Landlord’s Arbitrator and Tenant’s Arbitrator shall name a third arbitrator, similarly qualified, within ten (10) 10 days after the appointment of Landlord’s Arbitrator and Tenant’s Arbitrator. (c) Said third arbitrator shall, after due consideration of the factors to be taken into account under the prevailing market rate for base rent for tenants definition of comparable quality for lease extensions Market Rate set forth in 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, Section 25.2 and hearing whatever evidence the arbitrator deems appropriate from the Appraiser, Landlord, TenantTenant and others, Landlord’s Arbitrator and Tenant’s Arbitrator and others and obtaining any other information the arbitrator deems necessary, in good faith, make its own determination of the fair market rental and/or value, as applicable Market Rate for the Premises as of the commencement of the applicable Renewal Term(sTerm (the “Arbitrator’s Initial Determination”) and thereafter select either Landlord’s Final Offer or the Tenant’s Final Offer, but no other, whichever is closest to the Arbitrator’s Initial Determination (the “Final Determination”), such determination to be made within (30) 30 days after the appointment of the third arbitrator, determine the fair market rent and/or value, as applicable for the Premises. The third arbitratorArbitrator’s determination 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 Landlord and Tenant within said thirty (30) -day period. The arbitrator shall have no right or ability to determine the fair market rent and/or value Market Rate in any other manner. The third arbitrator’s determination Final Determination shall be binding upon the parties hereto. Within 10 days after the delivery of the Final Determination to Landlord and Tenant, Landlord and Tenant shall execute an amendment to the Lease amending the Lease to provide for the extension of the Term for the Renewal Term, and the Renewal Rent and any other terms set forth in Final Determination to improve the Premises or provide any improvement allowance as contemplated in Section 25.1(b). (d) The costs and fees of the third arbitrator shall be paid equally by both Landlord if the Final Determination shall be Tenant’s Final Offer or by Tenant if the Final Determination shall be Landlord’s Final Offer. (e) If Tenant fails to appoint Tenant’s Arbitrator in the manner and within the time specified in Section 25.4, then the Market Rate for the Renewal Term shall be the Market Rate contained in the Landlord’s Final Offer. If Landlord fails to appoint Landlord’s Arbitrator in the manner and within the time specified in Section 25.4 then the Market Rate for the Renewal Term shall be the Market Rate contained in the Tenant’s Final Offer. If Tenant’s Arbitrator and Landlord’s Arbitrator fail to appoint the third arbitrator within the time and in the manner prescribed in Section 25.4, then Landlord and TenantTenant shall jointly and promptly apply to the local office of the American Arbitration Association for the appointment of the third arbitrator.