Appointment of Surveyor. If the Lessor has required the Open Market Rent to be determined by the Surveyor, then in default of agreement between the Lessor and the Lessee on the appointment of the Surveyor, the Surveyor shall be appointed by the President on the written application of the Lessor to the President.
Appointment of Surveyor. In default of agreement between the Landlord and the Tenant on the appointment of the Surveyor, the Surveyor shall be appointed by the President on the written application of either party such appointment to be made by the President within 14 days of receipt of such notification.
Appointment of Surveyor. If the Landlord has required the Open Market Rent to be determined by the Surveyor, then in default of agreement between the Landlord and the Tenant on the appointment of the Surveyor, the Surveyor shall be appointed by the President on the written application of the Landlord to the President.
Appointment of Surveyor. In default of agreement between the Landlord and the Tenant on the appointment of the Surveyor, the Surveyor shall be appointed by the President on the written application of either party, such application to be made not earlier than twelve (12) months before and not later than twelve (12) months after the Review Date.
Appointment of Surveyor. 3.1. The Surveyor shall be appointed (in the absence of agreement between the parties) upon the application (made not more than three calendar months before or at any time after the relevant Rent Review Date) of either the Landlord or the Tenant by:
3.1.1. the Chairman (or such other officer endowed with the functions of such Chairman) of the Society of Chartered Surveyors or
3.1.2. (should the Chairman of such other officer as aforesaid be unwilling or unable to made the nomination) by the next senior officer of such body who is willing and able to make the nomination or
3.1.3. (in the event of there being no such officer willing and able to make the nomination or should such body not be in existence or not be readily identifiable) by the President (or such other officer endowed with the functions of such President) of the Incorporated Law Society of Ireland or (in the event of his being unwilling or unable to made the nomination) by the next senior officer of the said Society who is willing and able to make the nomination.
Appointment of Surveyor. 4.1 The Surveyor (in default of agreement between the Grantor and the Grantee) shall be appointed by the President on the written application of either the Grantor or the Grantee made not earlier than three (3) months before the Review Date and not later than the next succeeding Review Date.
4.2 The Surveyor appointed under this paragraph shall act as an Arbitrator and the following provisions shall apply:
4.2.1 The date of the Arbitrator’s award shall be deemed to be the date on which a copy of the award is served on the Grantor and the Grantee;
4.2.2 The Arbitrator shall not be entitled to order the rectification setting aside or cancellation of this Agreement or any other deed;
4.2.3 The Arbitrator shall have the power to order a provisional award;
4.2.4 The Arbitrator shall not be entitled to require that security is provided in respect of the costs of the arbitration; and
4.2.5 The Arbitrator shall be required to make no award prior to the Review Date.
Appointment of Surveyor. 5.1 The Surveyor (in default of agreement between the Landlord and the Tenant) shall be appointed by the President on the written application of either the Landlord or the Tenant made not earlier than two months before the relevant Review Date.
5.2 The following provisions shall apply to the appointment of the Surveyor:
5.2.1 the date of the arbitrator’s award shall be deemed to be the date on which a copy of the award is served on the Landlord and the Tenant;
5.2.2 the arbitrator shall not be entitled to order the rectification, setting aside or cancellation of this Lease or any other deed;
5.2.3 the arbitrator shall have the power to order a provisional award;
5.2.4 the arbitrator shall not be entitled to require that security is provided in respect of the costs of the arbitration; and
5.2.5 the arbitrator shall not be entitled to make an award prior to the relevant Review Date.
Appointment of Surveyor. In default of agreement between the Landlord and the Tenant on the appointment jointly of the Surveyor the Surveyor shall be appointed by the President on the written application of either the Landlord or the Tenant who shall be at liberty to make such application not earlier than three (3) months before or at any such time after the relevant Review Date 5 FUNCTIONS OF THE SURVEYOR The Surveyor shall:
5.1 act as an arbitrator in accordance with the Arbitration Acts 1950 to 1979
5.2 within sixty (60) days of his appointment or within such extended period as the Landlord and the Tenant shall jointly agree in writing give to each of them written notice of the amount of either or both of the Actual Building Rent and the Notional Rent (as the case may be) as determined by him
Appointment of Surveyor. In default of agreement between the Landlord and the Tenant on the appointment of the Surveyor, the Surveyor shall be appointed by the Chairman on the written application of the Landlord, such application to be made in the case of the Landlord, not earlier than nine (9) months before and not later than twelve (12) months after the Relevant Review Date and in the case of the Tenant not more than three (3) months before the date of the Landlord's notice seeking review of the rent herein and not later than twelve (12) months after the Relevant Review Date.
Appointment of Surveyor. In default of agreement between the Landlord and the Tenant on the identity of the Surveyor to be appointed, the Surveyor shall be appointed by the President on the written application of either party and, in the event that the Society of Chartered Surveyors Ireland is no longer an acting body, then by the President for the time being of the Law Society of Ireland.
