Appointment of Valuer the Licensor and the Licensee must within 10 Working Days after the expiry of the 10 Working Day negotiation period each appoint a registered valuer who is an associate member of The Property Institute of New Zealand Inc.;
Appointment of Valuer. Within ten (10) Business Days of receipt of an Insolvency Call Notice, a Put Exercise Notice or a Call Exercise Notice, as applicable, the receiving party may object in writing to the determination of Fair Value specified therein (an “Objection Notice”), which Objection Notice shall include the objecting party’s determination of Fair Value. If the receiving party does not timely deliver an Objection Notice, the receiving party shall be deemed to have irrevocably agreed with the delivering party’s determination of Fair Value included in the Insolvency Call Notice, Put Exercise Notice or Call Exercise Notice, as applicable. Upon timely delivery of an Objection Notice, the parties shall negotiate in good faith for a period of fifteen (15) Business Days to arrive at a mutually agreeable determination of Fair Value. If the parties fail to arrive at a mutually agreeable determination of Fair Value within such fifteen (15) Business Day
Appointment of Valuer. The parties must, not later than 10 business days after the valuation notification date, agree upon and jointly appoint a valuer.
Appointment of Valuer. (a) If:
(i) the Lessee gives a written notice under clause 3.4(b); and
(ii) the Lessor and the Lessee do not agree in writing on the Rent applicable from the relevant Review Date within 21 days of the Lessee giving a written notice under clause 3.4(b), then the Lessee and the Lessor must, within 35 days of the Lessee giving a written notice under clause 3.4(b), jointly appoint a Valuer to determine:
(A) the current market rent for the Premises (exclusive of GST), which is the Rent applicable from the relevant Review Date; and
(B) the proportion in which the Lessee and the Lessor must pay the Valuer's costs
(b) If the Lessor and Lessee do not agree on and appoint a Valuer under paragraph (a), the Lessor must appoint a Valuer to determine the Rent applicable from the relevant Review Date, and must notify the Lessee of the Valuer's appointment.
(c) The party appointing the Valuer must instruct the Valuer to make a determination within 14 days of the Valuer's appointment.
(d) If any Valuer appointed under this clause declines its appointment or does not make its determination in time, the appointing party may (and must, if requested to do so in writing by the other party given before the Valuer makes its determination) appoint another Valuer in its place.
Appointment of Valuer. Within 5 Business Days after a Transfer Notice is:
(a) issued under clause 13.1 such that, in accordance with clause 13.3(a), the price of the Sale Shares must be determined under this clause 16; or
(b) taken to have been issued under clause 13.2(b), the Board must:
(c) agree on a person or, failing agreement within 5 Business Days, procure that the Australian Disputes Centre (ADC) in accordance with the ADC Rules for Expert Determination which are operating at the time of referral to ADC, nominates a person to value the Sale Shares (Valuer); and
(d) instruct the Valuer to value the Sale Shares, adopting, subject to clause 16.2, the method of valuation that the Valuer considers appropriate.
Appointment of Valuer. If the Lessee gives the Lessor a Dispute Notice within the time specified in clause 2.5 and the parties cannot agree on the current market rent within 14 days after that notice is given (or longer if mutually agreed), then the following procedure applies:
(a) within one month of the service of the Dispute Notice, the Lessee and the Lessor must each make a nomination to the other of a proposed Valuer;
(b) subject to clause 2.6(c) and 2.6(d), the nominated Valuers must jointly make a determination of the current market rent as at the relevant Market Review Date by reference to the criteria stated in clause 2.10;
(c) if the Lessor or the Lessee fails to nominate a Valuer within the time stated in clause 2.6(a), the determination of the current market rent is to be made solely by the Valuer nominated by the other party; and
(d) if the nominated Valuers fail to make a determination within the time frame set out in clause 2.7(d), the Lessor or the Lessee may request the President of the API to nominate a Valuer to make the determination.
Appointment of Valuer. 4.7.1 If:
(a) the Licensee gives a Dispute Notice under clause 4.6.2; and
(b) the Licensor and the Licensee do not agree in writing on the Licence Fee payable from the relevant Review Date within 5 Business Days of the Licensee giving a Dispute Notice, then the Licensee and the Licensor must, within 10 Business Days of the Licensee giving a Dispute Notice, jointly appoint a Valuer to do the following within 1 month of the Valuer’s appointment:
(c) determine the current market licence fee for the Licence Area, which is the Licence Fee to be paid from the Review Date; and
(d) give the Licensor and Licensee a written copy of its determination and reasons for its determination.
4.7.2 If the Licensor and Licensee do not agree on a Valuer under clause 4.7.1, either party may request the President of the Australian Property Institute (NSW Division) to appoint a Valuer.
4.7.3 If a Valuer appointed under this clause declines its appointment or does not make its determination in time, the parties may appoint another Valuer in its place.
Appointment of Valuer. The Licensor and the Licensee will agree upon and appoint a Valuer to determine the current market Licence Fee in accordance with this clause.
Appointment of Valuer. If this Agreement requires the independent valuation of any Shares:
(a) the Board and the Shareholder holding the Shares to be valued must, within 10 Business Days of the date the need for independent valuation arises, appoint Systema Group Pty Ltd or any party nominated by Systema Group Pty Ltd as an independent valuer;
(b) the Board and the Shareholder holding the Shares to be valued must use their best endeavours to ensure that the Valuer decides the Market Value of the relevant Shares as soon as practicable but within 20 Business Days of being appointed; and
(c) the Valuer must be engaged to act as an expert and not as an arbitrator in conducting valuations.
(d) any valuation of Default Securities must take into account the Discounted Value as provided for in clause 16.3.
(e) notwithstanding any other clause in this Agreement, except when determining the value for Default Securities, any determination of the value of the Shares including but not limited to determining the Market Value of the Shares, must not be less than the original price paid for the Shares.
Appointment of Valuer the Lessor and the Lessee must within 14 days after the expiry of the 14-day negotiation period each appoint a registered valuer who is an associate member of the New Zealand Property Institute;
