Common use of Landlord’s Initial Determination Clause in Contracts

Landlord’s Initial Determination. If the parties are unable mutually to agree upon the Fair Market Rent pursuant to Section 2.2(d), then the Fair Market Rent initially shall be determined by Landlord by written notice (“Landlord’s Notice”) given to Tenant promptly following the expiration of the 30-day period set forth in Section 2.2(d). If Tenant disputes the amount of Fair Market Rent set forth in Landlord’s Notice, then, within 30 days after Tenant’s receipt of Landlord’s Notice, Tenant shall send Landlord a written notice (“Tenant’s Notice”) which clearly (i) disputes the Fair Market Rent set forth in Landlord’s Notice, (ii) demands arbitration pursuant to Section 2.2(f), and (iii) states the name and address of the person who shall act as arbitrator on Tenant’s behalf. Tenant’s Notice shall be deemed defective, and not given to Landlord, if it fails strictly to comply with the requirements and time period set forth above. If Tenant does not give Tenant’s Notice within 30 days after the date of Landlord’s Notice, or if Tenant’s Notice fails to contain all of the required information, then the Fair Market Rent shall be the amount specified in Landlord’s Notice. If the arbitration is not concluded prior to the commencement of the Option Term, then Tenant shall pay Base Rent at 105% of the rate payable immediately prior to the commencement of the Option Term. If the Fair Market Rent determined by arbitration differs from that paid by Tenant pending the results of arbitration, then any adjustment required to adjust the amount previously paid shall be made by payment by the appropriate party within ten days after the determination of Fair Market Rent.

Landlord’s Initial Determination. If the parties are unable mutually to agree upon the Fair Market Rent pursuant to Section 2.2(d10(d), then the Fair Market Rent initially shall be determined by Landlord by written notice (“Landlord’s Notice”) given to Tenant promptly following the expiration of the 30-day period set forth in Section 2.2(d9(d). If Tenant disputes the amount of Fair Market Rent set forth in Landlord’s Notice, then, within 30 days after Tenant’s receipt of Landlord’s Notice, Tenant shall send Landlord a written notice (“Tenant’s Notice”) which clearly (i) disputes the Fair Market Rent set forth in Landlord’s Notice, (ii) demands arbitration pursuant to Section 2.2(f9(f), and (iii) states the name and address of the person who shall act as arbitrator on Tenant’s behalf. Tenant’s Notice shall be deemed defective, and not given to Landlord, if it fails strictly to comply with the requirements and time period set forth above. If Tenant does not give Tenant’s Notice within 30 days after the date of Landlord’s Notice, or if Tenant’s Notice fails to contain all of the required information, then the Fair Market Rent shall be the amount specified in Landlord’s Notice. If the arbitration is not concluded prior to the commencement of the Option Term, then Tenant shall pay Base Rent at 105% of the rate payable immediately prior to the commencement of the Option Term. If the Fair Market Rent determined by arbitration differs from that paid by Tenant pending the results of arbitration, then any adjustment required to adjust the amount previously paid shall be made by payment by the appropriate party within ten days after the determination of Fair Market Rent.

Landlord’s Initial Determination. If the parties are unable mutually to agree upon the Fair Market Rent pursuant to Section 2.2(dsubpart (d), then the Fair Market Rent initially shall be determined by Landlord by written notice (“Landlord’s Notice”) given to Tenant promptly following the expiration of the 30-day period set forth in Section 2.2(d8(d). If Tenant disputes the amount of Fair Market Rent set forth in Landlord’s Notice, then, within 30 days after Tenant’s receipt of Landlord’s Notice, Tenant shall send Landlord a written notice (“Tenant’s Notice”) which clearly (i) disputes the Fair Market Rent set forth in Landlord’s Notice, (ii) demands arbitration pursuant to Section 2.2(f8(f), and (iii) states the name and address of the person who shall act as arbitrator on Tenant’s behalf. Tenant’s Notice shall be deemed defective, and not given to Landlord, if it fails strictly to comply with the requirements and time period set forth above. If Tenant does not give Tenant’s Notice within 30 days after the date of Landlord’s Notice, or if Tenant’s Notice fails to contain all of the required information, then the Fair Market Rent shall be the amount specified in Landlord’s Notice. If the arbitration is not concluded prior to the commencement of the Option Term, then Tenant shall pay Base Rent at 105% of the rate payable immediately prior to the commencement of the Option Term. If the Fair Market Rent determined by arbitration differs from that paid by Tenant pending the results of arbitration, then any adjustment required to adjust the amount previously paid shall be made by payment by the appropriate party within ten days after the determination of Fair Market Rent.

Landlord’s Initial Determination. If the parties are unable mutually to agree upon the Fair Market Rent fair market rent pursuant to Section 2.2(dParagraph 4.B.(iv), then the Fair Market Rent fair market rent initially shall be determined by Landlord by written notice (“Landlord’s Notice”) given to Tenant promptly following the expiration of the 30-day period set forth in Section 2.2(dParagraph 4.B.(iv). If Tenant disputes the amount of Fair Market Rent fair market rent set forth in Landlord’s Notice, then, within 30 thirty (30) days after the date of Tenant’s receipt of Landlord’s Notice, Tenant shall send Landlord a written notice (“Tenant’s Notice”) which clearly specifically (ia) disputes the Fair Market Rent fair market rent set forth in Landlord’s Notice, (iib) demands arbitration pursuant to Section 2.2(fParagraph 4.B.(vi), and (iiic) states the name and address of the person who shall act as arbitrator on Tenant’s behalf. Tenant’s Notice shall be deemed defective, and not given to Landlord, if it fails strictly to comply with the requirements and time period set forth above. If Tenant does not give send Tenant’s Notice within 30 thirty (30) days after the date of Tenant’s receipt of Landlord’s Notice, or if Tenant’s Notice fails to contain all of the required information, then the Fair Market Monthly Rent for the option term shall be equal ninety-five percent (95%) of the amount fair market rent specified in Landlord’s Notice. If the arbitration is not concluded prior to the commencement of the Option Termterm, then for the ninety (90) day period commencing with the date that the Option term commences, Tenant shall pay Base Monthly Rent at 105% equal to the Monthly Rent that would have been applicable if the Term had continued during such ninety (90) day period. If the arbitration is not concluded prior to the expiration of such ninety (90) day period, then from and after the expiration of such ninety (90) day period, Tenant shall pay Monthly Rent equal to one hundred percent (100%) of the rate Monthly Rent payable immediately prior to the commencement of the Option Termterm. If the Fair Market Rent fair market rent determined by arbitration differs from that paid by Tenant pending the results of arbitration, then any adjustment required to adjust the amount previously paid shall be made by payment by the appropriate party within ten (10) days after the determination of Fair Market Rentfair market rent.

Landlord’s Initial Determination. If the parties are unable mutually to agree upon the Fair Market Rent fair market rent pursuant to Section 2.2(dPARAGRAPH 4.C. (iv), then the Fair Market Rent fair market rent initially shall be determined by Landlord by written notice (“Landlord’s Notice”"LANDLORD'S NOTICE") given to Tenant promptly following the expiration of the 3045-day period set forth in Section 2.2(dPARAGRAPH 4.C. (iv). If Tenant disputes the amount of Fair Market Rent fair market rent set forth in Landlord’s 's Notice, then, within 30 thirty (30) days after Tenant’s receipt the date of Landlord’s 's Notice, Tenant shall send Landlord a written notice (“Tenant’s Notice”"TENANT'S NOTICE") which clearly specifically (ia) disputes the Fair Market Rent fair market rent set forth in Landlord’s 's Notice, (iib) demands arbitration pursuant to Section 2.2(fPARAGRAPH 4.C. (vi), and (iiic) states the name and address of the person who shall act as arbitrator on Tenant’s 's behalf. Tenant’s 's Notice shall be deemed defective, and not given to Landlord, if it fails strictly to substantially comply with the requirements and or fails to strictly comply with the time period set forth above. If Tenant does not give send Tenant’s 's Notice within 30 thirty (30) days after the date of Landlord’s 's Notice, or if Tenant’s 's Notice fails to contain all of the required information, then the Fair Market Rent Tenant shall be deemed to have rejected Landlord's Notice. If Tenant is deemed to have rejected Landlord's Notice, and Landlord thereafter gives Tenant a written notice ("LANDLORD'S SECOND NOTICE") demanding that Tenant respond to Landlord's Notice, and Tenant does not send Tenant's Notice within five (5) days of the amount date of Landlord's Second Notice, then the Monthly Rent for the Extended Term shall equal one hundred percent (100%) of the fair market rent specified in Landlord’s 's Notice. If Tenant sends Tenant's Notice in the proper form within thirty (30) days after the date of Landlord's Notice, then the Monthly Rent for the Extended Term shall be determined by arbitration pursuant to PARAGRAPH 4.C(vi) below. If the arbitration is not concluded prior to the commencement of the Option Extended Term, then Tenant shall pay Base Monthly Rent at 105% equal to one hundred twenty-five percent (125%) of the rate Monthly Rent payable immediately prior to the commencement of the Option Extended Term. If the Fair Market Rent fair market rent determined by arbitration differs from that paid by Tenant pending the results of arbitration, then any adjustment required to adjust the amount previously paid shall be made by payment by the appropriate party within ten (10) days after the determination of Fair Market Rentfair market rent.

Landlord’s Initial Determination. If the parties are unable mutually to agree upon the Fair Market Rent pursuant to Section 2.2(d), then the Fair Market Rent initially shall be determined by Landlord by written notice (“Landlord’s Notice”) given to Tenant promptly following the expiration of the 30-day period set forth in Section 2.2(d). If Tenant disputes the amount of Fair Market Rent set forth in Landlord’s Notice, then, within 30 thirty (30) days after Tenant’s receipt of Landlord’s Notice, Tenant shall send Landlord a written notice (“Tenant’s Notice”) which clearly (i) disputes the Fair Market Rent set forth in Landlord’s Notice, (ii) demands arbitration pursuant to Section 2.2(f), and (iii) states the name and address of the person who shall act as arbitrator on Tenant’s behalf. Tenant’s Notice shall be deemed defective, and not given to Landlord, if it fails strictly to comply with the requirements and time period set forth above. If Tenant does not give Tenant’s Notice within 30 thirty (30) days after the date of Landlord’s Notice, or if Tenant’s Notice fails to contain all of the required information, then the Fair Market Rent shall be the amount specified in Landlord’s Notice. If the arbitration is not concluded prior to the commencement of the Option Term, then Tenant shall pay Base Rent at 105115% of the rate payable immediately prior to the commencement of the Option Term. If the Fair Market Rent determined by arbitration differs from that paid by Tenant pending the results of arbitration, then any adjustment required to adjust the amount previously paid shall be made by payment by the appropriate party within ten (10) days after the determination of Fair Market Rent.

Landlord’s Initial Determination. If the parties are unable mutually to agree upon the Fair Market Rent fair market rent pursuant to Section 2.2(dPARAGRAPH 4.C.(iv), then the Fair Market Rent fair market rent initially shall be determined by Landlord by written notice (“Landlord’s NoticeLANDLORD’S NOTICE”) given to Tenant promptly following the expiration of the 3045-day period set forth in Section 2.2(dPARAGRAPH 4.C.(iv). If Tenant disputes the amount of Fair Market Rent fair market rent set forth in Landlord’s Notice, then, within 30 thirty (30) days after Tenant’s receipt the date of Landlord’s Notice, Tenant shall send Landlord a written notice (“Tenant’s NoticeTENANT’S NOTICE”) which clearly specifically (ia) disputes the Fair Market Rent fair market rent set forth in Landlord’s Notice, (iib) demands arbitration pursuant to Section 2.2(fPARAGRAPH 4.C.(vi), and (iiic) states the name and address of the person who shall act as arbitrator on Tenant’s behalf. Tenant’s Notice shall be deemed defective, and not given to Landlord, if it fails strictly to substantially comply with the requirements and or fails to strictly comply with the time period set forth above. If Tenant does not give send Tenant’s Notice within 30 thirty (30) days after the date of Landlord’s Notice, or if Tenant’s Notice fails to contain all of the required information, then the Fair Market Rent Tenant shall be deemed to have rejected Landlord’s Notice. If Tenant is deemed to have rejected Landlord’s Notice, and Landlord thereafter gives Tenant a written notice (“LANDLORD’S SECOND NOTICE”) demanding that Tenant respond to Landlord’s Notice, and Tenant does not send Tenant’s Notice within five (5) days of the amount date of Landlord’s Second Notice, then the Monthly Rent for the Extended Term shall equal one hundred percent (100%) of the fair market rent specified in Landlord’s Notice. If Tenant sends Tenant’s Notice in the proper form within thirty (30) days after the date of Landlord’s Notice, then the Monthly Rent for the Extended Term shall be determined by arbitration pursuant to PARAGRAPH 4.C(vi) below. If the arbitration is not concluded prior to the commencement of the Option Extended Term, then Tenant shall pay Base Monthly Rent at 105% equal to one hundred twenty-five percent (125%) of the rate Monthly Rent payable immediately prior to the commencement of the Option Extended Term. If the Fair Market Rent fair market rent determined by arbitration differs from that paid by Tenant pending the results of arbitration, then any adjustment required to adjust the amount previously paid shall be made by payment by the appropriate party within ten (10) days after the determination of Fair Market Rentfair market rent.

Landlord’s Initial Determination. If the parties are unable mutually to agree upon the Fair Market Rent fair market rent pursuant to Section 2.2(dParagraph 4.D.(iv), then the Fair Market Rent fair market rent initially shall be determined by Landlord by written notice (“Landlord’s Notice”) given to Tenant promptly following the expiration of the 30-day period set forth in Section 2.2(dParagraph 4.D.(iv). If Tenant disputes the amount of Fair Market Rent fair market rent set forth in Landlord’s Notice, then, within 30 thirty (30) days after Tenant’s receipt the date of Landlord’s Notice, Tenant shall send Landlord a written notice (“Tenant’s Notice”) which clearly specifically (ia) disputes the Fair Market Rent fair market rent set forth in Landlord’s Notice, (iib) demands arbitration pursuant to Section 2.2(fParagraph 4.D.(vi), and (iiic) states the name and address of the person who shall act as arbitrator on Tenant’s behalf. Tenant’s Notice shall be deemed defective, and not given to Landlord, if it fails strictly to comply with the requirements and time period set forth above. If Tenant does not give send Tenant’s Notice within 30 thirty (30) days after the date of Landlord’s Notice, or if Tenant’s Notice fails to contain all of the required information, then the Fair Market Monthly Rent for the option term shall be equal one hundred percent (100%) of the amount fair market rent specified in Landlord’s Notice. If the arbitration is not concluded prior to the commencement of the Option Termterm, then for the ninety (90) day period commencing with the date that the Option term commences, Tenant shall pay Base Monthly Rent at 105% equal to the Monthly Rent that would have been applicable if the Term had continued during such ninety (90) day period, except that the date the Option term commences shall be treated as an “Adjustment Date” (as defined in Paragraph 5.B), and the Monthly Rent shall be adjusted in accordance with Paragraph 5.B effective as of the rate date the Option term commences. If the arbitration is not concluded prior to the expiration of such ninety (90) day period, then from and after the expiration of such ninety (90) day period, Tenant shall pay Monthly Rent equal to one hundred percent (100%) of the Monthly Rent payable immediately prior to the commencement of the Option Termterm. If the Fair Market Rent fair market rent determined by arbitration differs from that paid by Tenant pending the results of arbitration, then any adjustment required to adjust the amount previously paid shall be made by payment by the appropriate party within ten (10) days after the determination of Fair Market Rentfair market rent.

Landlord’s Initial Determination. If the parties are unable mutually to agree upon the Fair Market Rent fair market rent pursuant to Section 2.2(d2.4(d), then the Fair Market Rent fair market rent initially shall be determined by Landlord by written notice (“Landlord’s Notice”) given to Tenant promptly following within fifteen (15) days after the expiration of the 30-day period set forth in Section 2.2(d2.4(d). If Tenant disputes the amount of Fair Market Rent fair market rent set forth in Landlord’s Notice, then, within 30 fifteen (15) days after the date of Tenant’s receipt of Landlord’s Notice, Tenant shall send Landlord a written notice (“Tenant’s Notice”) which that clearly (i) disputes the Fair Market Rent fair market rent set forth in Landlord’s Notice, (ii) demands arbitration pursuant to Section 2.2(f2.4(f), and (iii) states the name and address of the person who shall act as arbitrator on Tenant’s behalf. Tenant’s Notice shall be deemed defective, and not given to Landlord, if it fails strictly to comply with the requirements and time period set forth above. If Tenant does not give send Tenant’s Notice within 30 fifteen (15) days after the date of Tenant’s receipt of Landlord’s Notice, or if Tenant’s Notice fails to contain all of the required information, then the Fair Market Rent fair market rent shall be the amount specified in Landlord’s Notice. If the arbitration is not concluded prior to the commencement of the Option Term, then Tenant shall pay Base Rent at 105115% of the rate payable immediately prior to the commencement of the Option Term. If the Fair Market Rent fair market rent determined by arbitration differs from that paid by Tenant pending the results of arbitration, then any adjustment required to adjust the amount previously paid shall be made by payment by the appropriate party within ten (10) days after the determination of Fair Market Rentfair market rent.

Landlord’s Initial Determination. If the parties are unable mutually to agree upon the Fair Market Rent pursuant to Section 2.2(dsubpart(d), then the Fair Market Rent initially shall be determined by Landlord by written notice (“Landlord’s Notice”) given to Tenant promptly following the expiration of the 30-day period set forth in Section 2.2(d8(d). If Tenant disputes the amount of Fair Market Rent set forth in Landlord’s Notice, then, within 30 days after Tenant’s receipt of Landlord’s Notice, Tenant shall send Landlord a written notice (“Tenant’s Notice”) which clearly (i) disputes the Fair Market Rent set forth in Landlord’s Notice, (ii) demands arbitration pursuant to Section 2.2(f8(f), and (iii) states the name and address of the person who shall act as arbitrator on Tenant’s behalf. Tenant’s Notice shall be deemed defective, and not given to Landlord, if it fails strictly to comply with the requirements and time period set forth above. If Tenant does not give Tenant’s Notice within 30 days after the date of Landlord’s Notice, or if Tenant’s Notice fails fai1s to contain all of the required information, then the Fair Market Rent shall be the amount specified in Landlord’s Notice. If the arbitration is not concluded prior to the commencement of the Option Term, then Tenant shall pay Base Rent at 105% of the rate payable immediately prior to the commencement of the Option Term. If the Fair Market Rent determined by arbitration differs from that paid by Tenant pending the results of arbitration, then any adjustment required to adjust the amount previously paid shall be made by payment by the appropriate party within ten days after the determination of Fair Market Rent.

Landlord’s Initial Determination. If the parties are unable mutually to agree upon the Fair Market Rent fair market rent pursuant to Section 2.2(dPARAGRAPH 4.C.(IV), then the Fair Market Rent fair market rent initially shall be determined by Landlord by written notice (“Landlord’s Notice”"LANDLORD'S NOTICE") given to Tenant promptly following the expiration of the 3045-day period set forth in Section 2.2(dPARAGRAPH 4.C.(IV). If Tenant disputes the amount of Fair Market Rent fair market rent set forth in Landlord’s 's Notice, then, within 30 thirty (30) days after Tenant’s receipt the date of Landlord’s 's Notice, Tenant shall send Landlord a written notice (“Tenant’s Notice”"TENANT'S NOTICE") which clearly specifically (ia) disputes the Fair Market Rent fair market rent set forth in Landlord’s 's Notice, (iib) demands arbitration pursuant to Section 2.2(fPARAGRAPH 4.C.(VI), and (iiic) states the name and address of the person who shall act as arbitrator on Tenant’s 's behalf. Tenant’s 's Notice shall be deemed defective, and not given to Landlord, if it fails strictly to substantially comply with the requirements and or fails to strictly comply with the time period set forth above. If Tenant does not give send Tenant’s 's Notice within 30 thirty (30) days after the date of Landlord’s 's Notice, or if Tenant’s 's Notice fails to contain all of the required information, then the Fair Market Rent Tenant shall be deemed to have rejected Landlord's Notice. If Tenant is deemed to have rejected Landlord's Notice, and Landlord thereafter gives Tenant a written notice ("LANDLORD'S SECOND NOTICE") demanding that Tenant respond to Landlord's Notice, and Tenant does not send Tenant's Notice within five (5) days of the amount date of Landlord's Second Notice, then the Monthly Rent for the Extended Term shall equal one hundred percent (100%) of the fair market rent specified in Landlord’s 's Notice. If Tenant sends Tenant's Notice in the proper form within thirty (30) days after the date of Landlord's Notice, then the Monthly Rent for the Extended Term shall be determined by arbitration pursuant to PARAGRAPH 4.C(VI) below. If the arbitration is not concluded prior to the commencement of the Option Extended Term, then Tenant shall pay Base Monthly Rent at 105% equal to one hundred twenty-five percent (125%) of the rate Monthly Rent payable immediately prior to the commencement of the Option Extended Term. If the Fair Market Rent fair market rent determined by arbitration differs from that paid by Tenant pending the results of arbitration, then any adjustment required to adjust the amount previously paid shall be made by payment by the appropriate party within ten (10) days after the determination of Fair Market Rentfair market rent.

Landlord’s Initial Determination. If the parties are unable mutually to agree upon the Fair Market Rent fair market rent pursuant to Section 2.2(dParagraph 4.D.(iv), then the Fair Market Rent fair market rent initially shall be determined by Landlord by written notice (“Landlord’s Notice”) given to Tenant promptly following the expiration of the 30-day period set forth in Section 2.2(dParagraph 4.D.(iv). If Tenant disputes the amount of Fair Market Rent fair market rent set forth in Landlord’s Notice, then, within 30 thirty (30) days after Tenant’s receipt delivery of Landlord’s Notice, Tenant shall send Landlord a written notice (“Tenant’s Notice”) which clearly specifically (ia) disputes the Fair Market Rent fair market rent set forth in Landlord’s Notice, (iib) demands arbitration pursuant to Section 2.2(fParagraph 4.D.(vi), and (iiic) states the name and address of the person who shall act as arbitrator on Tenant’s behalf. Tenant’s Notice shall be deemed defective, and not given to Landlord, if it fails strictly to comply with the requirements and time period set forth above. If Tenant does not give send Tenant’s Notice within 30 thirty (30) days after the date of Landlord’s Notice, or if Tenant’s Notice fails to contain all of the required information, then the Fair Market Monthly Rent for the Option Term shall be equal one hundred percent (100%) of the amount fair market rent specified in Landlord’s Notice. If the arbitration is not concluded prior to the commencement of the Option Term, then for the ninety (90) day period commencing with the date that the Option Term commences, Tenant shall pay Base Monthly Rent at 105% equal to the Monthly Rent that would have been applicable if the Term had continued during such ninety (90) day period, except that the date the Option Term commences shall be treated as an “Adjustment Date” (as defined in Paragraph 5.B), and the Monthly Rent shall be adjusted in accordance with Paragraph 5.B effective as of the rate date the Option Term commences. If the arbitration is not concluded prior to the expiration of such ninety (90) day period, then from and after the expiration of such ninety (90) day period, Tenant shall pay Monthly Rent equal to one hundred percent (100%) of the Monthly Rent payable immediately prior to the commencement of the Option Term. If the Fair Market Rent fair market rent determined by arbitration differs from that paid by Tenant pending the results of arbitration, then any adjustment required to adjust the amount previously paid shall be made by payment by the appropriate party within ten (10) days after the determination of Fair Market Rentfair market rent.

Landlord’s Initial Determination. If the parties are unable mutually to agree upon the Fair Market Rent fair market rent pursuant to Section 2.2(dParagraph 4.D.(iv), then the Fair Market Rent fair market rent initially shall be determined by Landlord by written notice (“"Landlord’s 's Notice”") given to Tenant promptly following the expiration of the 30-day period set forth in Section 2.2(dParagraph 4.D.(iv). If Tenant disputes the amount of Fair Market Rent fair market rent set forth in Landlord’s 's Notice, then, within 30 thirty (30) days after Tenant’s receipt the date of Landlord’s 's Notice, Tenant shall send Landlord a written notice (“"Tenant’s 's Notice”") which clearly specifically (ia) disputes the Fair Market Rent fair market rent set forth in Landlord’s 's Notice, (iib) demands arbitration pursuant to Section 2.2(fParagraph 4.D.(vi), and (iiic) states the name and address of the person who shall act as arbitrator on Tenant’s 's behalf. Tenant’s 's Notice shall be deemed defective, and not given to Landlord, if it fails strictly to comply with the requirements and time period set forth above. If Tenant does not give send Tenant’s 's Notice within 30 thirty (30) days after the date of Landlord’s 's Notice, or if Tenant’s 's Notice fails to contain all of the required information, then the Fair Market Monthly Rent for the Option term shall be equal one hundred percent (100%) of the amount fair market rent specified in Landlord’s 's Notice. If the arbitration is not concluded prior to the commencement of the Option Termterm, then Tenant shall pay Base Monthly Rent at 105% equal to one hundred twenty-five percent (125%) of the rate Monthly Rent payable immediately prior to the commencement of the Option Termterm. If the Fair Market Rent fair market rent determined by arbitration differs from that paid by Tenant pending the results of arbitration, then any adjustment required to adjust the amount previously paid shall be made by payment by the appropriate party within ten (10) days after the determination of Fair Market Rentfair market rent.

Landlord’s Initial Determination. If the parties are unable mutually to agree upon the Fair Market Rent fair market rent pursuant to Section 2.2(dPARAGRAPH 4.C.(iv), then the Fair Market Rent fair market rent initially shall be determined by Landlord by written notice (“Landlord’s Notice”"LANDLORD'S NOTICE") given to Tenant promptly following the expiration of the 3045-day period set forth in Section 2.2(dPARAGRAPH 4.C.(iv). If Tenant disputes the amount of Fair Market Rent fair market rent set forth in Landlord’s 's Notice, then, within 30 thirty (30) days after Tenant’s receipt the date of Landlord’s 's Notice, Tenant shall send Landlord a written notice (“Tenant’s Notice”"TENANT'S NOTICE") which clearly specifically (ia) disputes the Fair Market Rent fair market rent set forth in Landlord’s 's Notice, (iib) demands arbitration pursuant to Section 2.2(fPARAGRAPH 4.C.(vi), and (iiic) states the name and address of the person who shall act as arbitrator on Tenant’s 's behalf. Tenant’s 's Notice shall be deemed defective, and not given to Landlord, if it fails strictly to substantially comply with the requirements and or fails to strictly comply with the time period set forth above. If Tenant does not give send Tenant’s 's Notice within 30 thirty (30) days after the date of Landlord’s 's Notice, or if Tenant’s 's Notice fails to contain all of the required information, then the Fair Market Rent Tenant shall be deemed to have rejected Landlord's Notice. If Tenant is deemed to have rejected Landlord's Notice, and Landlord thereafter gives Tenant a written notice ("LANDLORD'S SECOND NOTICE") demanding that Tenant respond to Landlord's Notice, and Tenant does not send Tenant's Notice within five (5) days of the amount date of Landlord's Second Notice, then the Monthly Rent for the Extended Term shall equal one hundred percent (100%) of the fair market rent specified in Landlord’s 's Notice. If Tenant sends Tenant's Notice in the proper form within thirty (30) days after the date of Landlord's Notice, then the Monthly Rent for the Extended Term shall be determined by arbitration pursuant to PARAGRAPH 4.C(vi) below. If the arbitration is not concluded prior to the commencement of the Option Extended Term, then Tenant shall pay Base Monthly Rent at 105% equal to one hundred twenty-five percent (125%) of the rate Monthly Rent payable immediately prior to the commencement of the Option Extended Term. If the Fair Market Rent fair market rent determined by arbitration differs from that paid by Tenant pending the results of arbitration, then any adjustment required to adjust the amount previously paid shall be made by payment by the appropriate party within ten (10) days after the determination of Fair Market Rentfair market rent.

Landlord’s Initial Determination. If the parties are unable mutually to agree upon the Fair Market Rent pursuant to Section 2.2(d), then the Fair Market Rent initially shall be determined by Landlord by written notice (“Landlord’s Notice”) given to Tenant promptly following the expiration of the 30-day period set forth in Section 2.2(d). If Tenant disputes the amount of Fair Market Rent set forth in Landlord’s Notice, then, within 30 thirty (30) days after Tenant’s receipt of Landlord’s Notice, Tenant shall send Landlord a written notice (“Tenant’s Notice”) which clearly (i) disputes the Fair Market Rent set forth in Landlord’s Notice, (ii) demands arbitration pursuant to Section 2.2(f), and (iii) states the name and address of the person who shall act as arbitrator on Tenant’s behalf. Tenant’s Notice shall be deemed defective, and not given to Landlord, if it fails strictly to comply with the requirements and time period set forth above. If Tenant does not give Tenant’s Notice within 30 thirty (30) days after the date of Landlord’s Notice, or if Tenant’s Notice fails to contain all of the required information, then the Fair Market Rent shall be the amount specified in Landlord’s Notice. If the arbitration is not concluded prior to the commencement of the Option Term, then Tenant shall pay Base Rent at 105115% of the rate payable immediately prior to the commencement of the Option Term. If the Fair Market Rent determined by arbitration differs from that paid by Tenant pending the results of arbitration, then any adjustment required to adjust the amount previously paid shall be made by payment by the appropriate party xxxxx within ten (10) days after the determination of Fair Market Rent.