Arbitration and Appraisal. 33.1 In any case in which it is provided by the terms of this Lease that any matter shall be determined by arbitration or appraisal, such arbitration or appraisal shall be conducted in the manner specified in this section.
Arbitration and Appraisal. Any dispute between the parties which by the terms of this Lease is to be resolved by arbitration or by appraisal shall be resolved in accordance with the provisions of this Section 6. As used in this Section 6, the term "arbitration" shall include appraisal. Either party may request arbitration of the matter in dispute. The party requesting arbitration shall do so by giving notice to that effect to the other party. Both parties shall apply to the presiding judge of the Multnomah County Circuit Court for the appointment of an arbitrator or appraiser, but if one party should refuse to join in the application, the other party nevertheless may make such application alone. Any arbitrator chosen or appointed pursuant to this Section 6, shall be actively engaged in and have knowledge of Downtown Portland office and retail leasing. Any appraiser chosen or appointed pursuant to this Section 6 shall be a member of the American Institute of Real Estate Appraisers or the Society of Real Estate Appraisers and shall be expert in the appraisal of buildings in the Portland, Oregon downtown area. Arbitration proceedings shall be conducted under ORS 33.210 to 33.340, inclusive. Lessor and Lessee shall share equally in the payment of the costs and expenses of the arbitrator or appraiser. The arbitrator or appraiser shall render his or her decision and award not later than thirty (30) days after his or her appointment. The decision and award shall be in writing and counterpart copies thereof shall be delivered to each of the parties. In rendering the decision and award, the arbitrator or appraiser shall have no power to modify any of the provisions of this Lease, and the jurisdiction of the arbitrator or appraiser is limited accordingly. The decision of the arbitrator or appraiser shall be final and binding on the parties. Judgment may be had on the decision and award of the arbitrator or appraiser and may be enforced in accordance with the laws of the State of Oregon.
Arbitration and Appraisal. 29 ARTICLE 21
Arbitration and Appraisal. Section 20.01. In such cases where this Lease provides for the determination of any matter by arbitration or appraisal, the same shall be settled and finally determined in accordance with Section 20.02, and the judgment upon the award or determination rendered therein may be entered in any court having jurisdiction thereof.
Arbitration and Appraisal. Section 27.1. In each case specified in this Lease, if any, in which it shall become necessary to resort to arbitration, such arbitration shall be determined as provided in this Article, and all arbitrators shall be disinterested persons with experience in a calling connected with the subject matter of the dispute. The party desiring such arbitration shall give written notice to that effect to the other party, specifying in such notice the name and address of such person designated to act as arbitrator on its behalf. Within ten (10) days after the service of such notice, the other party shall give written notice to the first party specifying the name and address of the person designated to act as arbitrator on its behalf. If the second party fails to notify the first party of the appointment of its arbitrator, as aforesaid, within or by the time above specified, then the appointment of the second arbitrator shall be made in the same manner as hereinafter provided for the appointment of a third arbitrator in a case where the two arbitrators appointed hereunder and the parties are unable to agree upon such appointment. The arbitrators so chosen shall meet within three (3) days after the second arbitrator is appointed. If the two arbitrators shall not agree upon the decision to be made in such dispute, they shall, themselves, appoint a third arbitrator who shall be a competent and impartial person; and in the event of their failure to make such decision to appoint such arbitrator within three (3) days after their meeting, the third arbitrator shall be selected by the parties themselves if they can agree thereon within a further period of three (3) days. If the parties do not so agree, then either party, on behalf of both, may apply to any court of general jurisdiction in the county in which the Leased Premises are located for the appointment of such third arbitrator, and the other party shall not raise any question as to the court's full power and jurisdiction to entertain the application and make the appointment and the person so appointed shall be the third arbitrator. The decision of the arbitrators so chosen shall be given within a period of fifteen (15) days after the appointment of such third arbitrator. The decision in which any two of the arbitrators so appointed and acting hereunder concur shall in all cases be binding and conclusive upon the parties. Each party shall pay the fees and expenses of the one of the two original arbitrators appointed by s...
Arbitration and Appraisal. Section 22.1 In any case in which it is provided by the terms of this Lease that any matter shall be determined by arbitration, such arbitration proceeding shall be conducted in Dade County, Florida, in accordance with the rules then obtaining of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof.
Arbitration and Appraisal. 70 ARTICLE XXII Estoppel Certificates; Financial Statements......................72
Arbitration and Appraisal. Section 21.01. If at any time, or from time to time during the term of this Lease, any dispute shall occur between Landlord and Tenant as to which (but only as to which) Landlord and Tenant have specifically and expressly agreed in this Lease to the settlement of such dispute by arbitration, such dispute shall be settled promptly by arbitration in Philadelphia, Pennsylvania by the American Arbitration Association in accordance with the Rules and the law of the state in which the Demised Premises (or such portion thereof to which the dispute relates) is situated, and judgment upon the award rendered in such arbitration may be entered in any court having jurisdiction thereof; provided, however, the foregoing sentence shall not apply to disputes covered by Section 20.07(a) and (b), as Section 20.07 spells out its own arbitration provisions for certain special circumstances. However, it is agreed that if Landlord has demanded money in accordance with this Lease and Tenant refuses to pay all or any part of the amount demanded based on Tenant's dispute of such amount or based on Tenant's denial of Landlord's right to payment, Tenant nevertheless shall pay the amount that Tenant concedes is due, or if Tenant denies the whole amount, Tenant shall pay the whole amount, to the AAA, to be held in a separate interest bearing escrow account, pending the decision of the arbitration, and any amount that Tenant did not pay because it disputed Landlord's entitlement thereto shall be resolved in the arbitration, and if Tenant is successful in the determination in obtaining a refund, the AAA shall pay the funds in the escrow account with interest thereon at the rate declared by the arbitrators. Similarly as to any insurance policy required, if Tenant disputes its duty, Tenant shall deliver the policy first and arbitrate afterward. By paying or delivering the policies (as the case may be) first, Tenant's rights of dispute shall not be diminished.
Arbitration and Appraisal. Section 12.01. (a) In each instance specified in this Lease in which it shall become necessary to resort to arbitration or appraisal, such arbitration or appraisal shall be determined as provided in this Article 12. Each arbitrator or appraiser designated or appointed as herein provided shall have had at least ten (10) years’ experience in a calling connected with the subject matter of the dispute. For purposes of this Article 12, the term “arbitration” shall be deemed to include the term “appraisal” and the term “arbitrator” shall be deemed to include the term “appraiser”.
Arbitration and Appraisal. Section 27.01. In any case in which it is provided by the terms of this Lease that any matter shall be determined by arbitration or appraisal, such arbitration or appraisal shall be conducted in the manner specified in this Article.
