ENDISPUTE. The third broker shall, within twenty (20) days after his or her appointment, make a determination of the Prevailing Rate. The determinations of Prevailing Rate prepared by all three (3) brokers shall be compared and the Prevailing Rate shall be the average of the two closest determinations. Such determination shall be final and binding upon the parties. The Renewal Rate shall be the Prevailing Rate so determined in accordance with the foregoing sentence. Landlord and Tenant shall each bear the expense of the broker selected by it and shall share equally the expense of the third broker, if any. Promptly following the determination of the Renewal Rate pursuant to this Section 9(c), the parties shall execute an amendment to the Lease memorializing such Renewal Rate.
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Samples: Lease Agreement (Financial Engines, Inc.), Lease Agreement (Financial Engines, Inc.)
ENDISPUTE. The third broker shall, within twenty (20) days after his or her appointment, make a determination of the Prevailing Rate. The determinations of Prevailing Rate prepared by all three (3) brokers shall be compared and the Prevailing Rate shall be the average of the two closest determinations. Such determination shall be final and binding upon the parties. The Renewal Rate shall be the higher of (1) the Prevailing Rate so determined in accordance with the foregoing sentence, and (2) the Base Rent due hereunder during the last month of the Term. Landlord and Tenant shall each bear the expense of the broker selected by it and shall share equally the expense of the third broker, if any. Promptly following the determination of the Renewal Rate pursuant to this Section 9(c)Paragraph 5, the parties shall execute an amendment to the this Lease memorializing such Renewal Rate.
Appears in 1 contract
Samples: Lease (Rae Systems Inc)
ENDISPUTE. The third broker shall, within twenty (20) days after his or her appointment, make a determination of the Prevailing Rate. The determinations of Prevailing Rate prepared by all three (3) brokers shall be compared and the Prevailing Rate (and the Renewal Rate for such Renewal Term) shall be the average of the two closest determinations. Such determination shall be final and binding upon the parties. The Renewal Rate shall be the Prevailing Rate so determined in accordance with the foregoing sentence. Landlord and Tenant shall each bear the expense of the broker selected by it and shall share equally the expense of the third broker, if any. Promptly following the determination of the a Renewal Rate pursuant to this Section 9(cParagraph 51(b), the parties shall execute an amendment to the this Lease memorializing such Renewal Rate.
Appears in 1 contract
Samples: Lease Agreement (Kyphon Inc)
ENDISPUTE. The third broker shall, within twenty (20) days after his or her appointment, make a determination of the Prevailing Rate. The determinations of Prevailing Rate prepared by all three (3) brokers shall be compared and the Prevailing Renewal Rate shall be the average of the two closest determinations. Such determination shall be final and binding upon the parties. The Renewal Rate shall be the Prevailing Rate so determined in accordance with the foregoing sentence. Landlord and Tenant shall each bear the expense of the broker selected by it and shall share equally the expense of the third broker, if any. Promptly following the determination of the Renewal Rate pursuant to this Section 9(cParagraph 50(b), the parties shall execute an amendment to the this Lease memorializing such Renewal Rate.
Appears in 1 contract