Common use of Expert Determination Clause in Contracts

Expert Determination. If the dispute is not resolved within fourteen (14) days after a notice is given under Section 8.I.1 above, the dispute maybe submitted, by the party raising it, to an expert determination, by an industry expert agreed by the parties, or, if no agreement is reached within twenty one (21) days of the notice under Section 8.I.1 above, appointed by the President of Building Owner’s and Manager’s Association “BOMA”, or if it no longer exists such organization which most closely fulfils the functions which were carried out by BOMA. If an expert appointed under this Section 8.I.2: becomes unavailable prior to giving his or her determination; or otherwise does not give his or her determination within the time required by Section 8.I.3; this Section 8.I.2 will reapply.

Appears in 9 contracts

Samples: Management and Leasing Agreement, Management and Leasing Agreement (Global Growth Trust, Inc.), Management and Leasing Agreement (Global Income Trust, Inc.)

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Expert Determination. If the dispute is not resolved within fourteen (14) days after a notice is given under Section 8.I.1 8.J.1 above, the dispute maybe submitted, by the party raising it, to an expert determination, by an industry expert agreed by the parties, or, if no agreement is reached within twenty one (21) days of the notice under Section 8.I.1 8.J.1 above, appointed by the President of Building Owner’s and Manager’s Association “BOMA”, or if it no longer exists such organization which most closely fulfils the functions which were carried out by BOMA. If an expert appointed under this Section 8.I.28.J.2: becomes unavailable prior to giving his or her determination; or otherwise does not give his or her determination within the time required by Section 8.I.38.J.3; this Section 8.I.2 8.J.2 will reapply.

Appears in 4 contracts

Samples: Management and Leasing Agreement, Management and Leasing Agreement (CNL Properties Trust, Inc.), Management and Leasing Agreement (CNL Properties Trust, Inc.)

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Expert Determination. If the dispute is not resolved within fourteen (14) days after a notice is given under Section 8.I.1 8.J.1 above, the dispute maybe submitted, by the party raising it, to an expert determination, by an industry expert agreed by the parties, or, if no agreement is reached within twenty one (21) days of the notice under Section 8.I.1 8.J.1 above, appointed by the President of Building Owner’s and Manager’s Association “BOMA”, or if it no longer exists such organization which most closely fulfils fulfills the functions which were carried out by BOMA. If an expert appointed under this Section 8.I.28.J.2: becomes unavailable prior to giving his or her determination; or otherwise does not give his or her determination within the time required by Section 8.I.38.J.3; this Section 8.I.2 8.J.2 will reapply.

Appears in 1 contract

Samples: Management and Leasing Agreement (CNL Healthcare Trust, Inc.)

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