Disagreement as to Value Sample Clauses

Disagreement as to Value. If, within thirty (30) days after completion of both appraisals, the Parties cannot agree on the fair market value of the Facility, and the values of the appraisals are within ten percent (10%) of each other, the Fair Market Value of the Facility shall be the simple average of the two appraisals. If the values of the two appraisals differ by ten percent (10%) or more, the first two appraisers shall choose a third independent appraiser experienced in appraising solar power generation assets, or, if the first two appraisers fail to agree upon a third appraiser within ten (10) days after the expiration of the thirty (30) day period following completion of both appraisals, such appointment shall be made by the AAA upon application of either Party in accordance with the applicable rules and regulations of the AAA for such selection. The third appraiser shall have access to the same information as was available to the two other appraisers. The Parties shall direct the third appraiser to determine the fair market value of the Facility within sixty (60) days following his retention. The costs and expenses of such third appraiser shall be shared equally by the Parties. Upon completion of the fair market value of the Facility by such appraiser, the Fair Market Value of the Facility will be the simple average of the three appraisal values completed in accordance with this Section 7.2.
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Disagreement as to Value. If, within one (1) month after completion of both appraisals, the Buyer and Seller cannot agree on the fair market value of the Facility, and the values of the appraisals are within ten percent (10%) of each other, the Fair Market Value of the Facility shall be the simple average of the two appraisals. If the values of the two appraisals differ by ten percent (10%) or more, the first two appraisers shall choose a third independent appraiser experienced in appraising solar power generation assets. The third appraiser shall have access to the same information as was available to the two other appraisers. The Buyer and Seller shall direct the third appraiser to determine the fair market value of the Facility within two
Sample 1
Disagreement as to Value. If, within one month after completion of both appraisals, the Parties cannot agree on the fair market value of the Facility, and the values of the appraisals are within 10 percent of each other, the Fair Market Value of the Facility shall be the simple average of the two appraisals. If the values of the two appraisals differ by 10 percent or more, the first two appraisers shall choose a third independent appraiser experienced in appraising wind power generation assets, or, if the first two appraisers fail to agree upon a third appraiser within 10 days after the expiration of the one month period following completion of both appraisals, such appointment shall be made by the American Arbitration Association ("AAA") upon application of either Party in accordance with the applicable rules and regulations of the AAA for such selection. If the AAA declines or otherwise fails to select the third appraiser within 30 days of application therefor, such appointment shall be made by the Judicial Arbiter Group, Inc. ("JAG"), upon application of either Party. The third appraiser shall have access to the same information as was available to the two other appraisers. The Parties shall direct the third appraiser to determine the fair market value of the Facility within two months following his retention. The costs and expenses of such third appraiser shall be shared equally by the Parties. Upon completion of the fair market value of the Facility by such appraiser, the Fair Market Value of the Facility will be the simple average of the three appraisal values completed in accordance with this Section 5.6.
Sample 1

Related to Disagreement as to Value

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