Common use of Determination of Fair Market Rental Value Clause in Contracts

Determination of Fair Market Rental Value. The Fair Market Rental Value of the Project as of the commencement of any Renewal Lease Term shall be determined by agreement of the Owner Lessor and the Lessee within six months after receipt by the Owner Lessor of the tentative notice from the Lessee of its election to renew pursuant to Section 15.2, (but not more than twelve (12) months before the commencement of such Renewal Lease Term) or, if they shall fail to agree within such six-month period, shall be determined by an Independent Appraiser in accordance with the Appraisal Procedures, which Independent Appraiser shall be selected by the Owner Lessor and reasonably acceptable to the Lessee. The appraiser's fees and expenses shall be borne by the Lessee.

Appears in 2 contracts

Samples: Project Lease Agreement (Ormat Technologies, Inc.), Project Lease Agreement (Ormat Technologies, Inc.)

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Determination of Fair Market Rental Value. The Fair Market Rental Value of the Project Facility as of the commencement of any Renewal Lease Term shall be determined by agreement of the Owner Lessor and the Facility Lessee within six months after receipt by the Owner Lessor of the tentative notice from the Facility Lessee of its election to renew pursuant to Section 15.215.1, 15.2 or 15.3 (but not more than twelve thirty-six (1236) months before the commencement of such Renewal Lease Term) or, if they shall fail to agree within such six-month period, shall be determined by an Independent Appraiser in accordance with the Appraisal Procedures, which Independent Appraiser shall be selected by the Owner Lessor Facility Lessee and reasonably acceptable to the LesseeOwner Lessor. The appraiser's fees and expenses shall be borne by the Facility Lessee.

Appears in 2 contracts

Samples: Participation Agreement (Dynegy Danskammer LLC), Facility Lease Agreement (Dynegy Danskammer LLC)

Determination of Fair Market Rental Value. The Fair Market Rental Value of the Project Facility as of the commencement of any Renewal Lease Term shall be determined by agreement of the Owner Lessor and the Lessee within six months after receipt by the Owner Lessor of the tentative notice from the Lessee of its election to renew pursuant to Section 15.215.1, 15.2 or 15.3 (but not more than twelve thirty-six (1236) months before the commencement of such Renewal Lease Term) or, if they shall fail to agree within such six-month period, shall be determined by an Independent Appraiser in accordance with the Appraisal ProceduresProcedure, which Independent Appraiser shall be selected by the Owner Lessor Lessee and reasonably acceptable to the LesseeOwner Lessor. The appraiser's fees and expenses in connection with any Facility Lease renewal under this Section 15 (whether or not the Lessee exercises such option) shall be borne by the Lessee.

Appears in 1 contract

Samples: Facility Lease Agreement (Keyspan Corp)

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Determination of Fair Market Rental Value. The Fair Market Rental Value of the Project Facility Interest as of the commencement of any Renewal Lease Term shall be determined by agreement of the Owner Lessor and the Facility Lessee within six months after receipt by the Owner Lessor of the tentative notice from the Facility Lessee of its election to renew pursuant to Section 15.215.1, 15.2 or 15.3 (but not more than twelve (12) 36 months before the commencement of such Renewal Lease Term) or, if they shall fail to agree within such six-six month period, shall be determined by an Independent Appraiser in accordance with appraisal conducted pursuant to the Appraisal Procedures, which Procedure by an Independent Appraiser shall be selected by the Owner Lessor and reasonably acceptable to the LesseeAppraiser. The appraiser's fees and expenses shall be borne by the Facility Lessee.

Appears in 1 contract

Samples: Facility Lease Agreement (Reliant Energy Mid Atlantic Power Services Inc)

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