Common use of Appointment of Appraisers Clause in Contracts

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. The party required or permitted to request an appraisal or other determination under this ARTICLE 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 Article XXXV, and identify which matters are to be appraised or determineddetermined (e.g., Fair Market Rental of the Leased Properties, and creation of an amended Exhibit C hereto, pursuant to Section 3.2 hereof). 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. The party required or permitted to request (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 appraisal or other determination under this ARTICLE XXXV shallElecting Member, within then the applicable time periodElecting Member(s), if any, specified in this Lease, give written notice (an “Appraisal Notice”) to on the other party, which Appraisal Notice shall state the requesting party’s desire for an appraisal or other determination under this ARTICLE XXXVone hand, 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 directedDefaulting Member, each party shallon the other, 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 mannereach, within ten (10) days after such two appraisers are appointedtwenty (20) day period, such two appraisers shall meet and agree upon a third appoint in writing an appraiser meeting the qualifications set forth below in Section 14.5C and also having at least five (herein5) years of experience appraising real estate development companies. If one (1) party has appointed an appraiser hereunder, and the “Final Appraiser”)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 two appraiser or appraisers selected by 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 parties shall, promptly following their agreement upon a Final Appraiser, provide written notice Interest Fair Market Value as of the identity date of the aforesaid Final Appraiser last Default Buy Out Notice delivered by an Electing Member. (b) If two (2) appraisers are appointed pursuant to each of Lessor Section 15.6D(1)(a), then the two (2) appraisers so appointed shall conduct independent appraisals and Tenant. Such meet within thirty (30) days after their appointment shall be binding on to attempt to agree upon the partiesInterest Fair Market Value. If the two appraisers selected by the parties they are unable to agree upon such Interest Fair Market Value within said thirty (30) day period, then they shall appoint a Final Appraiser third appraiser who meets the qualifications set forth above. If they fail to appoint a third appraiser within the aforesaid ten seven (107) days after such thirty (30) day period, then either party the Electing Member(s) or the Defaulting Member, on behalf of both, may request that such appointment by the American Arbitration Association president or any successor organization thereto appoint a Final Appraiser meeting executive secretary of the qualifications set forth below Southern California chapter of the MAI. The third appraiser shall be instructed to complete an appraisal within twenty (20) days of such request, and both parties shall be bound by any appointment so made within such twenty from his appointment. Within five (20) day period. If no such Final Appraiser shall have been appointed in such manner within such twenty (20) day period or within ninety (905) days after issuance completion of the original Appraisal Noticethird appraiser’s appraisal, all three (3) appraisers shall meet and a majority of the appraisers shall attempt to determine the Interest Fair Market Value for purposes of this Section 15.6. If a majority are unable to determine the Interest Fair Market Value at such meeting, then the three (3) appraisals shall be added together and their total divided by three (3). The resulting quotient shall be the Interest Fair Market Value. If, however, either Lessor or Tenant both of the low appraisal or the high appraisal are more than ten percent (10%) lower or higher than the middle appraisal, then any such lower or higher appraisal shall be disregarded. If only one (1) appraisal is disregarded, the remaining two (2) appraisals shall be added together and their total divided by two (2), and the resulting quotient shall be such fair market value. If both the lower appraisal and higher appraisal are disregarded as provided herein, then the middle appraisal shall be such fair market value. Any Interest Fair Market Value determined in accordance with Section 15.6D shall be final and binding upon all of the Members. The Defaulting Member shall pay all of the fees and costs of the appraisers and CPA or, at the election of the Electing Member(s), the same may apply be subtracted from the amount payable to any court having jurisdiction the Defaulting Member for its Interest. (c) The Electing Members may elect to have such appointment made waive the foregoing appraisal provisions set forth in this Section 15.6D by such courtunanimously agreeing to pay the Interest Book Value for the Defaulting Member’s Interest.

Appointment of Appraisers. The party required or permitted ------------------------- to request an appraisal or other determination under this ARTICLE 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 's desire for an appraisal or other determination under this ARTICLE Article XXXV, and identify which matters are to be appraised or determined------------ determined (e.g., Fair Market Rental of the Leased Properties, and creation of an amended Exhibit C hereto, pursuant to Section 3.2 hereof). 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. The party required or permitted to -------------------------- request an appraisal or other determination under this ARTICLE 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 's desire for an appraisal or other determination under this ARTICLE Article XXXV, and identify which matters are to be appraised or determined------------ determined (e.g., Fair Market Rental of the Leased Properties, and creation of an amended Exhibit C hereto, pursuant to Section 3.2 hereof). 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 111 Appraisal Notice, either Lessor or Tenant may apply to any court having jurisdiction to have such appointment made by such court.

Appointment of Appraisers. The party required or permitted to ------------------------- request an appraisal or other determination under this ARTICLE 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 's desire for an appraisal or other determination under this ARTICLE Article XXXV, and identify which matters are to be appraised or determined------------ determined (e.g., Fair Market Rental of the Leased Properties, and creation of an amended Exhibit C hereto, pursuant to Section 3.2 hereof). 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 111 Appraisal Notice, either Lessor or Tenant may apply to any court having jurisdiction to have such appointment made by such court.

Appointment of Appraisers. The party required or permitted to request an appraisal or other determination under this ARTICLE 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 's desire for an appraisal or other determination under this ARTICLE Article XXXV, and identify which matters are to be appraised or determineddetermined (e.g., Fair Market Rental of the Leased Properties, and creation of an amended Exhibit C hereto, pursuant to Section 3.2 hereof). 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 112 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. The party required or permitted to request (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 appraisal or other determination under this ARTICLE XXXV shallElecting Member, within then the applicable time periodElecting Member(s), if any, specified in this Lease, give written notice (an “Appraisal Notice”) to on the other party, which Appraisal Notice shall state the requesting party’s desire for an appraisal or other determination under this ARTICLE XXXVone hand, 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 directedDefaulting Member, each party shallon the other, 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 mannereach, within ten (10) days after such twenty (20) day period, appoint in writing an appraiser, which appraiser shall be a Membership Appraisal Institute (“MAI”) California certified appraiser with 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, 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. (b) If two (2) appraisers are appointed, such two appraisers shall meet and agree upon a third appraiser meeting the qualifications set forth below (hereinappointed pursuant to Section 15.6D(1)(a), the “Final Appraiser”). The two (2) appraisers selected by so appointed shall conduct independent appraisals and meet within thirty (30) days after their appointment to attempt to set 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 partiesInterest Fair Market Value. If the two appraisers selected by the parties they are unable to agree upon a Final Appraiser such Interest Fair Market Value within the aforesaid ten said thirty (1030) day period, then either party may request that the American Arbitration Association or any successor organization thereto they shall appoint a Final Appraiser meeting third appraiser who meets the qualifications set forth below above. If they fail to appoint a third appraiser within seven (7) days after such thirty (30) day period, either the Electing Member(s) or the Defaulting Member, on behalf of both, may request such appointment by the president or executive secretary of the Southern California chapter of the MAI. The third appraiser shall be instructed to complete an appraisal within twenty (20) days of such request, and both parties shall be bound by any appointment so made within such twenty from his appointment. Within five (20) day period. If no such Final Appraiser shall have been appointed in such manner within such twenty (20) day period or within ninety (905) days after issuance completion of the original Appraisal Noticethird appraiser’s appraisal, all three (3) appraisers shall meet and a majority of the appraisers shall attempt to determine the Interest Fair Market Value for purposes of this Section 15.6. If a majority are unable to determine the Interest Fair Market Value at such meeting, the three (3) appraisals shall be added together and their total divided by three (3). The resulting quotient shall be the Interest Fair Market Value. If, however, either Lessor or Tenant both of the low appraisal or the high appraisal are more than ten percent (10%) lower or higher than the middle appraisal, any such lower or higher appraisal shall be disregarded. If only one (1) appraisal is disregarded, the remaining two (2) appraisals shall be added together and their total divided by two (2), and the resulting quotient shall be such fair market value. If both the lower appraisal and higher appraisal are disregarded as provided herein, the middle appraisal shall be such fair market value. Any Interest Fair Market Value determined in accordance with Section 15.6D shall be final and binding upon all of the Members. The Defaulting Member shall pay all of the fees and costs of the appraisers and CPA or, at the election of the Electing Member(s), the same may be subtracted from the amount payable to the Defaulting Member for its Interest. (c) Each appraiser is hereby instructed to apply minority and lack of liquidity discounts in arriving at the Interest Fair Market Value. (d) The Electing Members may elect to any court having jurisdiction waive the foregoing appraisal provisions set forth in this Section 15.6D by unanimously agreeing to have such appointment made by such courtpay the Interest Book Value for the Defaulting Member’s Interest.

Appointment of Appraisers. The party required or permitted to request an Tenant shall make demand for appraisal or other determination under this ARTICLE XXXV shall, in writing within the applicable time period, if any, specified in this Lease, give written notice twenty (an “Appraisal Notice”20) 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) business days after receipt service of any such Appraisal Notice by Landlord’s determination of Fair Rental Value given under Section 2.3 specifying therein the party to which such Appraisal Notice is directed, each party shall, by written notice to name and address of the other party, appoint an appraiser meeting the qualifications set forth below selected by such party person to act as the appraiser on its behalf. If either party fails so to appoint an The appraiser within the aforesaid thirty (30) day period, the shall be a real estate 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 with at least ten (10) years’ experience in the field and a qualified member of the American Institute of Real Estate Appraisers, or any successor of such Institute (or if such organization or successor shall not longer be in existence, a recognized national association or institute of land appraisers) familiar with the fair market rent of first-class commercial office space in Boston, Massachusetts. If Tenant fails to specify the name of its appraiser in its demand for appraisal, then Landlord shall give notice (a “Reminder Notice”) to Tenant indicating such failure and requesting that Tenant appoint an appraiser. If Tenant fails to notify Landlord of the appointment of its appraiser within five (5) business 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 delivery of the identity Reminder Notice by Landlord, then such failure shall constitute a waiver of the aforesaid Final Appraiser right of Tenant to each of Lessor appoint an appraiser, and Tenant. Such appointment the appraiser appointed by Landlord shall be binding on the partiessole appraiser to determine the Fair Rental Value. If the two appraisers selected by the parties are unable to agree upon a Final Appraiser within the aforesaid Within ten (10) day periodbusiness days after receipt of the name of, or the deemed waiver of, the appointment of Tenant’s appraiser, Landlord shall give notice to Tenant, specifying the name and address of the person designated by Landlord to act as an appraiser on its behalf who shall be similarly qualified. If Landlord fails to notify Tenant of the appointment of its appraiser within said ten (10) business days, then either party may request that Tenant shall send a second notice (a “Reminder Notice”) to Landlord indicating such failure and requesting Landlord to appoint an appraiser. If Landlord fails to notify Tenant of the American Arbitration Association or any successor organization thereto appointment of its appraiser within five (5) business days after the delivery of the Reminder Notice by Tenant, then such failure shall constitute a waiver of the right of Landlord to appoint a Final Appraiser meeting the qualifications set forth below within twenty (20) days of such requestan appraiser, and both parties the appraiser appointed by Tenant 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 sole appraiser to any court having jurisdiction to have such appointment made by such courtdetermine the Fair Rental Value.

Appointment of Appraisers. The party required or permitted ------------------------- to request an appraisal or other determination under this ARTICLE 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 's desire for an appraisal or other determination under this ARTICLE Article XXXV, and identify which matters are to be appraised or determined------------ determined (e.g., Fair Market Rental of the Leased Properties, and creation of an amended Exhibit C hereto, pursuant to Section 3.2 hereof). 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 112 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. The party required or permitted ------------------------- to request an appraisal or other determination under this ARTICLE 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 's desire for an appraisal or other determination under this ARTICLE Article XXXV, and identify which matters are to be appraised or determined------------ determined (e.g., Fair Market Rental of the Leased Properties, and creation of an amended Exhibit C hereto, pursuant to Section 3.2 hereof). 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. The party required or permitted ------------------------- to request an appraisal or other determination under this ARTICLE 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 's desire for an appraisal or other determination under this ARTICLE Article XXXV, and identify which matters are to be appraised or determined------------ determined (e.g., Fair Market Rental of the Leased Properties, and creation of an amended Exhibit C hereto, pursuant to Section 3.2 hereof). 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.