Common use of Rules of Appraisal Clause in Contracts

Rules of Appraisal. Any appraisal pursuant to this Section 4.03 shall be conducted in accordance with the commercial rules of the American Arbitration Association as then in effect, as modified by this Section 4.03 and the definitions of Fair Market Value and Fair Market Rental. All expenses of any independent appraisal shall be borne by the Lessee, except that each of the Lessee and the Owner Participant (in the case of the Lessor) shall bear any fees, costs and expenses of its respective attorneys in connection with such appraisal except in the case of an Event of Default or in the case of a revocation by the Lessee of its election to terminate the Lease under Section 4.02 hereof, in which case such expenses shall be borne by the Lessee.

Appears in 9 contracts

Samples: Lease Agreement (Federal Express Corp), Lease Agreement (Federal Express Corp), Lease Agreement (Federal Express Corp)

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Rules of Appraisal. Any appraisal pursuant to this Section 4.03 shall be conducted in accordance with the commercial rules of the American Arbitration Association as then in effect, as modified by this Section 4.03 and the definitions of Fair Market Value and Fair Market Rental. All expenses of any independent appraisal shall be borne by the Lessee, except that that, so long as no Event of Default shall have occurred and be continuing, each of the Lessee and the Owner Participant (in the case of the Lessor) shall bear any fees, costs and expenses of its respective attorneys in connection with such appraisal appraisal, except in the case of an Event of Default or in the case of a revocation by the Lessee of its election to terminate the Lease under pursuant to Section 4.02 or Article 10 hereof, in which case the Lessee shall pay all such expenses shall be borne by the Lesseefees, costs and expenses.

Appears in 2 contracts

Samples: Lease Agreement (Federal Express Corp), Lease Agreement (Federal Express Corp)

Rules of Appraisal. Any appraisal pursuant to this Section 4.03 shall be conducted in accordance with the commercial rules of the American Arbitration Association as then in effect, as modified by this Section 4.03 and the definitions of Fair Market Value and Fair Market Rental. All expenses of any independent appraisal shall be borne by the Lessee, except that each of the Lessee and the Owner Participant (in the case of the Lessor) shall bear any fees, costs and expenses of its respective attorneys in connection with such appraisal except in the case of an Event of Default or in the case of a revocation by the Lessee of its election to terminate the Lease under pursuant to Section 4.02 or Article 10 hereof, in which case such expenses shall be borne by the Lessee.

Appears in 1 contract

Samples: Lease Agreement (Federal Express Corp)

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Rules of Appraisal. Any appraisal pursuant to this Section 4.03 shall be conducted in accordance with the commercial rules of the American Arbitration Association as then in effect, as modified by this Section 4.03 and the definitions of Fair Market Value and Fair Market Rental. All expenses of any independent appraisal shall be borne by the Lessee, except that each of the Lessee and the Owner Participant Participants (in the case of the Lessor) shall bear any fees, costs and expenses of its respective attorneys in connection with such appraisal except in the case of an Event of Default or in the case of a revocation by the Lessee of its election to terminate the Lease under Section 4.02 hereof, in which case such expenses shall be borne by the Lessee.

Appears in 1 contract

Samples: Lease Agreement (Federal Express Corp)

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