Appraisal Procedures. (a) Generally. Whenever Fair Market Rental or Fair Market Value is required to be determined under this Lease (unless otherwise provided herein), it shall be determined by the mutual agreement of the Lessor and the Lessee in accordance with the definitions of such terms in Schedule I hereto. If the Lessee and the Lessor cannot agree by the date 60 days prior to the date for exercise of the applicable option, such amount shall be determined by independent appraisal conducted by appraisers selected pursuant to Section 4.03(b) hereof. At any time prior to final determination of such amount pursuant to Section 4.03(b) hereof, the Lessee and the Lessor shall be entitled to submit to the appraisers (and shall submit to each other any bids submitted to the appraisers) any bids from unrelated third parties, and such bids shall be accorded the weight such appraisers deem appropriate. The Lessor and the Lessee shall each have an opportunity to comment on any such bids after receiving a copy thereof.
Appraisal Procedures. If the Managing Member and the Advisory Board are unable to agree upon the Fair Market Value of any non-cash property of the Fund within thirty (30) days after the Managing Member receives written notice that the Advisory Board objects to the Managing Member s determination, or if the Managing Member determines at any time (whether before or after the expiration of such thirty (30) days) that the Managing Member and the Advisory Board are unlikely to reach agreement on the Fair Market Value, then such Fair Market Value shall be determined as follows:
(a) Upon the expiration of such thirty (30) day period or such shorter period determined by the Managing Member, either the Managing Member or the Advisory Board may request an appraisal of the applicable property by sending written notice thereof to the other. Within five (5) days after receipt of the written notice by the party to whom such notice is sent, the Managing Member and the Advisory Board shall, by mutual agreement, appoint an independent appraiser (which may be an investment bank, accounting firm, asset appraiser, or other valuation professional). If the Managing Member and the Advisory Board cannot agree on a single independent appraiser within such five (5) day period, the Managing Member and the Advisory Board shall each have the right to select an independent appraiser experienced in such matters and shall give written notice to the other of the appraiser so selected. The first party to receive such a notice shall have five (5) days after receipt thereof to give the other written notice of its selection.
(b) If either the Managing Member or the Advisory Board properly gives a first notice and the other does not properly give the second notice within the requisite time or if a single appraiser is selected, the one independent appraiser so selected shall be the sole appraiser in making the determination required hereunder, which written determination shall be final and binding and shall be delivered to the Managing Member and the Advisory Board no more than thirty (30) days after the delivery of the first notice.
(c) If the second notice is properly given within the requisite time, the independent appraisers so selected shall promptly make the determination required hereunder and deliver a written summary of such determination to the Managing Member and the Advisory Board within thirty (30) days after the delivery of the first notice. If such two appraisers reach the same determination, their de...
Appraisal Procedures. In the event the Council and the indemnitee fail to agree on the amount of partial loss, or damage to, or any re- duction in the fair market value as a result thereof, to the indemnified item(s), each shall select a competent appraiser(s) with evidence to be pro- vided to show that the indemnitee’s se- lection is satisfactory to the owner. The appraiser(s) selected by the Coun- cil and the indemnitee shall then select a competent and disinterested arbi- trator.
Appraisal Procedures a. The Tribe agrees to conduct appraisal services herein identified, as required to support real estate transactions on trust or restricted property.
Appraisal Procedures. This Lease provides that a Renewal Term Fair Market Base Rent shall be determined by appraisal, and said appraisal shall be conducted in accordance with the following procedures:
Appraisal Procedures. 28 ARTICLE XII
Appraisal Procedures. In the event that the Members are unable to mutually agree upon the net fair market value of the LLC and of the interests to be sold or purchased within thirty (30) days following the date on which the appraisal procedures set forth in this Article XI are instituted as provided in this Agreement, the Members shall attempt to agree upon the appointment of three (3) disinterested appraisers who shall be members of the American Institute of Appraisers. If the Members are unable to agree upon the selection of three (3) appraisers within seventy five (75) days of the date the appraisal procedures are instituted as Provided in this Agreement, then a petition may be made by either Member to the presiding judge of the Superior Court for the Commonwealth of Massachusetts, County of Suffolk, for such selection. Each Member shall have the right to submit the names of three (3) appraisers so qualified and the judge shall select the three (3) appraisers from the names so submitted. Each appraiser so selected shall furnish the Members and the certified public accountants for the LLC with a written appraisal within ninety (90) days following his selection, setting forth his determination of the net fair market value of all real estate and other tangible assets owned by the LLC as of the date of the application to the Superior Court. Such appraisal shall assume that the use of the Property shall be the highest and best use thereof, and the appraisal shall not include any value for any intangible assets of the LLC, such as goodwill. The average of the two closest valuations of such appraisers shall be treated as the net fair market value of the LLC and of the interests to be sold or purchased hereunder and such determination shall be final and binding on the Members. The cost of the appraisal shall be an expense of the LLC.
Appraisal Procedures. The purpose of obtaining two (2) independent appraisal reports from two (2) qualified appraisers is to establish the fair market value and purchase price of that certain real property located at the southwest corner of 14th and “N” streets consisting of Sacramento County Assessor Parcel Numbers 006-0223-003, 004, 005, 006, and 007 (collectively, the “Project Site”). The appraisal report with the highest fair market value shall be utilized to establish the purchase price for the Project Site in a proposed sale transaction in accordance with applicable provisions of Government Code section 8169 et seq., by and between the State of California, Department of General Services (DGS), as Seller, and the Capitol Area Development Authority (CADA), as Buyer. The purchase price for the proposed sale of the Project Site by and between DGS and CADA shall be established as follows: DGS and CADA shall each select a qualified appraiser to prepare an independent appraisal report to estimate the fair market value for the Project Site. The appraisal report with the highest fair market value shall be utilized to establish the purchase price for the Project Site. All costs associated with the appraiser selected by DGS shall be borne by DGS. All costs associated with the appraiser selected by CADA shall be borne by CADA.
Appraisal Procedures. If in connection with a Purchase Notice, Call Notice, Second Call Notice or Sell Notice, as the case may be, a determination needs to be made with respect to the "fully distributed public market value" of shares of Issuer Common Stock, the following provisions shall apply. When used in this agreement, "Fully Distributed Public Market Value" means the anticipated trading price of a share of Issuer Common Stock on a national stock exchange or NASDAQ, following completion of an IPO and related market stabilization activities, it being understood that such valuation shall be established (i) using public market valuation methodologies that, for the avoidance of doubt, shall not include "comparable acquisitions analysis" or any "private market" assessment of the Issuer (without regard to any premiums in respect of the acquisition of a controlling interest or any discounts in respect of the acquisition of a minority interest), such as the value of such shares in an acquisition or other business combination transaction, or the price at which Issuer Common Stock prior to such date may have been acquired or sold or any proposals or expressions of interest to acquire the Issuer or Issuer Common Stock that may have been received prior to such date, (ii) assuming the Issuer is a Stand-alone Entity and (iii) based on all applicable facts and circumstances as of the second Business Day preceding the date of delivery of the Appraisals under Section 5.1(d).
Appraisal Procedures. The appraisal process set forth in Section 3 of this Article XII shall be governed by the following:
6.0.1 All appraisers shall be knowledgeable about and have no less than ten (10) years' experience in the suburban Minneapolis-St. Xxxx office market or Des Moines area warehouse/industrial market depending on which Property is being appriased, and no appraiser shall have a "Disqualifying Interest." A "Disqualifying Interest" shall mean a person who has a direct or indirect financial or other business interest in or in common with any of the Members of the Company. If a third appraiser is required and the two appraisers are unable to agree on a third appraiser within ten (10) days after the requirement of a third appraiser is required herein (or if a second appraiser is not appointed as required herein, then within ten (10) days after the appointment of the first appraiser), then such third appraiser or second appraiser whose appointment was not made shall be appointed by any judge of the Hennepin County District Court. Each appraiser shall be required to prepare its appraisal report within thirty (30) days of its appointment hereunder.
