Resolving Disagreement Over Fair Market Rental Value Sample Clauses

Resolving Disagreement Over Fair Market Rental Value. The determination of Fair Market Rental Value shall be as provided this Section 51.4.
Sample 1
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Resolving Disagreement Over Fair Market Rental Value. If Lessee timely and effectively objects to Lessor's determination of Fair Market Rental Value under Paragraph 56.3.4, the disagreement shall be resolved under this Paragraph 56.5.
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Resolving Disagreement Over Fair Market Rental Value. If Subtenant timely and effectively objects to Sublandlord's determination of Fair Market Rental Value under subparagraph 18(c) above, the disagreement shall be resolved under this subparagraph 18(j) as follows:
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Resolving Disagreement Over Fair Market Rental Value. If Tenant timely and effectively objects to Landlord’s determination of Fair Market Rental Value under subsections 51.1(b)(iv) or 51.2(b)(iv), the disagreement shall be resolved under this section 51.4.
Sample 1
Resolving Disagreement Over Fair Market Rental Value. If Tenant timely and effectively objects to Landlord's determination of Fair Market Rental Value or to Landlord's determination of the Security Deposit for the Option Term, under subsection 1.6.4 or 3.5.2.4, the disagreement shall be resolved under this section 26.2. For purposes of this Section 26.2, references to "Fair Market Rental Value" shall also refer to the Security Deposit during the Option Period, if the amount of the Security Deposit is disputed.
Sample 1
Resolving Disagreement Over Fair Market Rental Value. If Tenant timely and effectively objects to Landlord's determination of Fair Market Rental Value under Subsection 3.5.3, the disagreement shall be resolved under this Section 3.5.4. Landlord and Tenant shall diligently attempt in good faith to agree on the Fair Market Rental Value on or before the tenth (10th) day after Tenant's objection to the Fair Market Rental Value ("Outside Agreement Date"). If Landlord and Tenant fail to reach agreement on or before the Outside Agreement Date, Tenant may rescind Tenant's Exercise Notice by delivering written notice thereof ("Rescission Notice") to Landlord within five (5) days after the Outside Agreement Date, in which case the Lease Term shall expire on the Rescission Notice to Landlord, the initial Lease Term or First Option Term, as the case may be. If Tenant fails to timely and effectively deliver the Rescission Notice to Landlord, the initial Lease Term or First Option Term, as the case may be, shall be deemed extended by the Option Term in question and the Option Rent shall be determined as follows. Landlord and Tenant shall mutually appoint a certified M.A.I. appraiser that has at least five (5) years full-time commercial appraisal experience and shall each submit their separate determination of the Fair Market Rental Value to the appraiser. If Landlord and Tenant are unable to agree on an appraiser, either of the parties to this Lease, after giving five (5) days prior written notice to the other party, may apply to the then President of the San Diego Board of Realtors for the selection of an appraiser who meets the foregoing qualifications, which selection shall be made within three (3) days. The appraiser selected by the President of the Board of Realtors shall be a person who has not previously acted in any capacity for either party. The appraiser shall, within fifteen (15) days of his or her appointment, review the Landlord's determination and the Tenant's determination of the Fair Market Rental Value and such other information as he or she shall deem necessary and determine which of the two is closer to the actual Fair Market Rental Value. The appraiser shall be instructed, in deciding whether the Landlord's determination or Tenant's determination of the Fair Market Rental Value is closer to the actual Fair Market Rental Value, to use the criteria as to Fair Market Rental Value set forth in this Section 3.5. The appraiser shall not establish his or her own Fair Market Rental Value, and must select either...
Sample 1

Related to Resolving Disagreement Over Fair Market Rental Value

  • Disagreement Any dissension between the parties other than a grievance defined in the agreement and other than a dispute defined in the Labour Code.

  • Expert Determination If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to an ICT technical, financial technical or other aspect of a technical nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation, then either Party may request (which request will not be unreasonably withheld or delayed) by written notice to the other that the Dispute is referred to an Expert for determination. The Expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) Working Days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the President of the British Computer Society (or any other association that has replaced the British Computer Society). The Expert shall act on the following basis: he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; the Expert's determination shall (in the absence of a material failure by either Party to follow the agreed procedures) be final and binding on the Parties; the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) Working Days of his/her appointment or as soon as reasonably practicable thereafter and the Parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; any amount payable by one Party to another as a result of the Expert's determination shall be due and payable within twenty (20) Working Days of the Expert's determination being notified to the Parties; the process shall be conducted in private and shall be confidential; and the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.

  • Disagreement on Decision Should the parties disagree as to the meaning of the Board's decision, either party may apply to the Chairperson of the Board of Arbitration to reconvene the Board to clarify the decision, which it shall do within five (5) days.

  • Calculation Disputes If the Defaulting Party disputes the Non-Defaulting Party’s calculation of the Settlement Amount or Termination Payment, in whole or in part, the Defaulting Party will, within two Business Days of receipt of Non-Defaulting Party’s calculation, provide to the Non- Defaulting Party a detailed written explanation of the basis for such dispute; provided, however, that the Defaulting Party must first transfer Performance Assurance to the Non-Defaulting Party in an amount equal to the full Settlement Amount or Termination Payment, as applicable. References to Defaulting Party and Non-Defaulting Party in this Section include the Potentially Defaulting Party and Potentially Non-Defaulting Party, as applicable.

  • Resolving Disputes The Company and the customer will use all reasonable endeavours to resolve any dispute between them. If they cannot resolve their dispute between them, they will:-

  • Dispute Procedure (1) Unless otherwise provided in the Council's Constitution or in this Collective Agreement, any dispute within the registered scope of the Council shall be resolved as set out below:

  • Independent Expert The Parties and the other signatories may, upon written agreement, resort to an independent expert in order to obtain a well-grounded opinion that may lead to the settlement of the dispute or controversy. In case such agreement is signed, arbitration may only be filed after issuance of the expert’s opinion.

  • Payment Disputes We will not exercise Our rights under Section 6.3 (Overdue Charges) or 6.4 (Suspension of Service and Acceleration) above if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

  • Termination Procedures and Compensation During Dispute 7.1. After a Change in Control and during the term of this Agreement, any purported termination of the Executive's employment (other than by reason of death) shall be communicated by written Notice of Termination from one party hereto to the other party hereto in accordance with Section 10 hereof. For purposes of this Agreement, a "

  • Determination of Disputes Any dispute arising under this Section 2.6 shall be resolved pursuant to the dispute resolution procedures of Article 7.

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