Common use of Difference in Valuation Clause in Contracts

Difference in Valuation. If the determination of the fair value by the Advisors under paragraph 2(b) differs and the higher value differs from the lower value by (a) not more than fifteen percent (15%) from the lower valuation, then the Fair Value shall be an amount equal to the average of both valuations and such amount shall be binding, final and enforceable on the Parties; or (b) more than fifteen percent (15%) from the lower valuation, then within fourteen (14) days after the expiry of the Determination Period, the Advisors selected by the Parties shall select and appoint a concluding Advisor (the “Concluding Advisor”) from the Panel. If the Advisors fail to select a Concluding Advisor within fourteen (14) days after the expiration of the Determination Period, such Concluding Advisor shall be selected by Company at its own expense from among the Panel.