Appointment of Appraisers. Sprint PCS and Manager must each designate an independent appraiser within 30 days after giving the Purchase Notice under Exhibit 11.8. Sprint PCS and Manager will direct the two appraisers to jointly select a third appraiser within 15 days after the day the last of them is appointed. Each appraiser must be an expert in the valuation of wireless telecommunications businesses. Sprint PCS and Manager must direct the three appraisers to each determine, within 45 days after the appointment of the last appraiser, the Entire Business Value. Sprint PCS and Manager will each bear the costs of the appraiser appointed by it, and they will share equally the costs of the third appraiser.
Appointment of Appraisers. The party required or permitted to request an appraisal or other determination under this ARTICLE XXXV shall, within the applicable time period, if any, specified in this Lease, give written notice (an “Appraisal Notice”) to the other party, which Appraisal Notice shall state the requesting party’s desire for an appraisal or other determination under this ARTICLE XXXV, and identify which matters are to be appraised or determined. Within thirty (30) days after receipt of any such Appraisal Notice by the party to which such Appraisal Notice is directed, each party shall, by written notice to the other party, appoint an appraiser meeting the qualifications set forth below selected by such party to act as appraiser on its behalf. If either party fails so to appoint an appraiser within the aforesaid thirty (30) day period, the appraiser selected by the other party shall act as the “Final Appraiser” hereinafter described. If both parties appoint an appraiser as aforesaid in a timely manner, within ten (10) days after such two appraisers are appointed, such two appraisers shall meet and agree upon a third appraiser meeting the qualifications set forth below (herein, the “Final Appraiser”). The two appraisers selected by the parties shall, promptly following their agreement upon a Final Appraiser, provide written notice of the identity of the aforesaid Final Appraiser to each of Lessor and Tenant. Such appointment shall be binding on the parties. If the two appraisers selected by the parties are unable to agree upon a Final Appraiser within the aforesaid ten (10) day period, then either party may request that the American Arbitration Association or any successor organization thereto appoint a Final Appraiser meeting the qualifications set forth below within twenty (20) days of such request, and both parties shall be bound by any appointment so made within such twenty (20) day period. If no such Final Appraiser shall have been appointed in such manner within such twenty (20) day period or within ninety (90) days after issuance of the original Appraisal Notice, either Lessor or Tenant may apply to any court having jurisdiction to have such appointment made by such court.
Appointment of Appraisers. 37 11.7.2 Manager's Operating Assets.......................... 37 11.7.3 Entire Business Value............................... 38 11.7.4 Calculation of Entire Business Value................ 39 11.8 Closing Terms and Conditions................................ 39 11.9 Contemporaneous and Identical Application................... 39
Appointment of Appraisers. 111 Section 35.3 Section 35.3 Qualifications of Appraisers........................................... 112 Section 35.4 Section 35.4 Appraisal Process...................................................... 112 Section 35.5 Section 35.5 Binding Nature......................................................... 113 Section 35.6 Section 35.6 Costs.................................................................. 113 ARTICLE XXXVI...................................................................................... 113 Section 36.1 General REIT Provisions............................................................. 113 ARTICLE XXXVII..................................................................................... 114 Section 37.1
Appointment of Appraisers. (a) If the Electing Member(s) and the Defaulting Member have not agreed upon the Interest Fair Market Value within twenty (20) days following the delivery of the last Default Buy Out Notice by an Electing Member, then the Electing Member(s), on the one hand, and the Defaulting Member, on the other, shall each, within ten (10) days after such twenty (20) day period, appoint in writing an appraiser meeting the qualifications set forth in Section 14.5C and also having at least five (5) years of experience appraising real estate development companies. If one (1) party has appointed an appraiser hereunder, and the other party fails to appoint an appraiser hereunder within ten (10) days of the first party’s written request to do so, then the Interest Fair Market Value will be established by the determination acting alone of the appraiser appointed by such first party, and such other party hereby consents to the same. The appraiser or appraisers appointed under this Section 15.6D(1)(a) shall be instructed to complete their appraisals within thirty (30) days of their appointments, and to appraise only the Interest Fair Market Value as of the date of the last Default Buy Out Notice delivered by an Electing Member.
Appointment of Appraisers. If (i) the Receiving Partner fails to appoint an appraiser within ten (10) days after its receipt of the notice from the Submitting Partner setting forth the name of its appraiser, or (ii) a third appraiser is not appointed as provided in Section 11.2 above, or (iii) any person appointed as an appraiser by or on behalf of either the Submitting Partner or the Receiving Partner dies, fails to act, resigns or becomes disqualified and the party by or on behalf of whom such appraiser was appointed shall fail to appoint a substitute appraiser within ten (10) days after being requested to do so by the other party, the appraiser in question shall be appointed by the appropriate court of the State of Texas, upon application of either the Submitting Partner or the Receiving Partner.
Appointment of Appraisers. If the Parties cannot so agree then, within 20 Days following such termination, each Party shall appoint an appraiser and give notice of the same to the other Party.
Appointment of Appraisers. Landlord and Tenant shall each appoint one (1) independent, unaffiliated appraiser who is by profession a licensed real estate broker who has been active over the five (5) year period ending on the date of such appointment in the leasing of office/industrial space located in the Comparison Market Area. Each such appraiser shall be appointed within fifteen (15) days after the Outside Agreement Date. If the two (2) appraisers so appointed do not within fifteen (15) days of the date of the appointment of the last appointed appraiser agree upon whether Landlord's or Tenant's last submitted (on the Outside Agreement Date) fair market determination, then said appraisers within five (5) days thereafter agree upon and appoint a third appraiser who shall be qualified under the same criteria for qualification of the initial two (2) appraisers.
Appointment of Appraisers. If Landlord and Tenant are unable to agree upon the Market Rate prior to the expiration of the sixty (60) day period referred to in Paragraph 26.5.1, then Landlord and Tenant shall each appoint, by written notice delivered to the other prior to five (5) days after the expiration of such sixty (60) day period, a real estate broker or appraiser who has significant current experience appraising rental rates for commercial real property in the Petaluma area to participate in the determination of the Market Rate. If either Landlord or Tenant fails timely to appoint a qualified appraiser as proved above, and such failure continues for fifteen (15) days after the party which has appointed an appraiser gives notice to the other party of such appointment and makes demand for the appointment of a qualified appraiser by the other party, then the determination of Market Rate to be made hereunder shall be made solely by such sole appraiser as may have theretofore been appointed, and such determination of the Market Rate by such sole appraiser shall be binding upon both Landlord and Tenant. Otherwise the two appraisers appointed by Landlord and Tenant shall appoint, within twenty (20) days after they have been appointed, a third appraiser who is similarly qualified. If the two appraisers appointed by Landlord and Tenant cannot agree on the appointment of a third appraiser within the time period provided, either Landlord or Tenant may seek the appointment of the same by the presiding judge for the Superior Court in the County of Sonoma, California. The appraisers shall work together and share information in their efforts to determine and agree upon the Market Rate. The Market Rate shall be determined as provided below.
Appointment of Appraisers. Lessor and Lessee shall each appoint a qualified and independent appraiser with at least ten years of experience in appraising commercial real estate properties similar to the Land within ten (10) days following the end of the Negotiation Period. The appointed appraisers shall conduct independent appraisals of the Land and shall each deliver their written appraisal report to both Lessor and Xxxxxx within thirty (30) days of their appointment.
