Appraisal Provisions Clause Samples

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Appraisal Provisions. There are no appraisal contingencies.
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Appraisal Provisions. If Tenant shall serve upon Landlord, within the time and in the manner required under the Lease, a Renewal Appraisal Notice, then the Renewal Fair Market Fixed Rent shall be determined by appraisal in accordance with the following:
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Appraisal Provisions. 31 EXHIBIT A - PREMISES EXHIBIT B - RULES AND REGULATIONS EXHIBIT C - GUARANTY OF LEASE
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Appraisal Provisions. (i) Lessor and Lessee shall each appoint a real estate appraiser who shall be an individual of substantial experience and qualifications in commercial real estate appraisal for similar buildings in the Goleta area and who shall have been active in such appraisal activities over the five (5) year period ending on the date of such appointment. The determination of the appraisers shall be limited solely to the issue of whether Lessor's or Lessee's determination of market rent is the closer to the actual fair market rental (considering the Criteria referred to in Section 19 above). Each such appraiser shall be appointed within fifteen (15) days after the Outside Agreement Date. (ii) The two appraisers so appointed shall within fifteen (15) days of the date of the appointment of the second appointed appraiser agree upon and appoint a third appraiser who shall be qualified under the same criteria referred to in parapraph (i) above. (iii) The three appraisers shall within thirty (30) days of the appointment of the third appraiser reach a decision as to whether the parties shall use Lessor's or Lessee's determination of market rent for the first year of the extended term, and shall notify Lessor and Lessee thereof, whereupon the Lease shall be extended for an additional five (5) year, the monthly rent for the first year of the extended term shall be in accordance with such decision and the rent increase provisions of this Section 19 shall apply to the balance of the extended term. (iv) The decision of the majority of the three appraisers shall be binding upon Lessor and Lessee. (v) If either Lessor or Lessee fails to appoint an appraiser within the time period specified in paragraph (i) above, the appraiser appointed by one of them shall reach a decision based upon the same procedures as set forth herein (i.e., by selecting either Lessor's or Lessee's determination of market rent), and shall notify Lessor and Lessee thereof, and such appraiser's decision shall be binding upon Lessor and Lessee. (vi) If the two appraisers fail to agree upon and appoint a third appraiser, both appraisers shall be dismissed and the matter to be decided shall be forthwith submitted to arbitration in Santa ▇▇▇▇▇▇▇ County, CA under the provisions of the American Arbitration Association based upon the same procedures as set forth herein (i.e., by selecting either Lessor's or Lessee's determination of market rent). (vii) The cost of appraisal (and, if necessary, arbitration) shall be paid...
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Appraisal Provisions. A. BLM will arrange for an appraisal of the federal and nonfederal lands in accordance with the exchange schedule. The appraisals will be completed by a contract appraiser selected by the Department of the Interior's (DOI) Appraisal Services Directorate in consultation with BLM and the proponent. The appraisals will be completed in accordance with BLM and Department of Justice standards as prescribed in 43 CFR 2201.3 and using the principles contained in the "Uniform Appraisal Standards for Federal Land Acquisition.” B. The final appraisal shall be subject to the review and approval of a DOI-designated Review Appraiser. The parties agree that the appraisal reports are being prepared for use by the federal government and will be subject to release and public review after they have been approved by the DOI Review Appraiser and when a decision to approve or disapprove the exchange has been made by BLM. The parties also agree that the federal government is the client for the appraisals and the approved appraisal reports shall be the property of the federal government. C. The parties agree that if they accept the approved appraised values, those appraised values will provide the values of the federal and nonfederal lands to be used in equalizing and finalizing the exchange. The parties agree that the bargaining and arbitration provisions of 43 CFR 2201.4 shall not be employed in this exchange. D. In order to equalize the agreed upon values of the lands involved in this exchange, the parties agree to take all reasonable efforts to equalize values by excluding federal lands in the Dakota Ridge Parcel, as the first priority, followed by the Soda Springs Parcel, as the next priority. In the event that values cannot be equalized by excluding lands without creating an unmanageable federal or nonfederal land ownership patter, cash equalization payments not to exceed twenty-five percent of the value of the Federal lands may be used.
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Appraisal Provisions. Buyer shall have the right to terminate this contract if the purchase price exceeds the Property's valuation determined by an appraiser engaged by Buyer. If Seller receives a copy of such appraisal or written notice from lender which confirms the Property's valuation is less than the purchase price, on or before 35 calendar days from acceptance of this contract (Appraisal Deadline), this contract shall terminate. Buyer shall have the privilege and option of proceeding with consummation of this contract without regard to the amount of the appraised valuation. Upon closing, Buyer waives any objection to the Property's valuation.
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Appraisal Provisions. [Section intentionally deleted].
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Appraisal Provisions 
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Appraisal Provisions 
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Related to Appraisal Provisions

  • Appraisal Rights Notwithstanding anything in this Agreement to the contrary, shares (“Appraisal Shares”) of the Company Common Stock that are outstanding immediately prior to the Effective Time and that are held by any Person who is entitled to demand and properly demands appraisal of such Appraisal Shares pursuant to, and who complies in all respects with, Section 262 of the DGCL (“Section 262”) shall not be converted into the Merger Consideration as provided in Section 3.08(c), but instead, at the Effective Time, the Appraisal Shares shall no longer be outstanding and shall automatically be canceled and shall cease to exist, and each holder of any such Appraisal Shares shall cease to have any rights with respect thereto, except the right to receive payment of the fair value of such Appraisal Shares in accordance with Section 262; provided that if any such holder shall fail to perfect or otherwise shall waive, withdraw or lose the right to appraisal under Section 262 with respect to such Appraisal Shares or a court of competent jurisdiction shall determine that such holder is not entitled to the relief provided by Section 262, then the right of such holder to receive the fair value of such holder’s Appraisal Shares shall cease and such Appraisal Shares shall be deemed to have been converted as of the Effective Time into, and to have become exchangeable solely for, the right to receive the Merger Consideration as provided in Section 3.08(c), less any applicable tax withholding. The Company shall give prompt written notice to Parent of any demands received by the Company for appraisal of any shares of the Company Common Stock, and Parent shall have the right to participate in, and direct all negotiations and Proceedings with respect to such demands. The Company shall not, without the prior written consent of Parent, make any payment with respect to, or settle or offer to settle, any such demands, or agree to do any of the foregoing. Prior to the Offer Closing Time, Parent shall not, except with the prior written consent of the Company, require the Company to make any payment with respect to any demands for appraisal or offer to settle or settle any such demands.