Arbitration Regarding Fair Market Rental Value. (a) If Landlord and Tenant are to proceed with the method of determining Fair Market Rental Value under this Exhibit E, then within ten (10) days of the date either Landlord or Tenant delivers written notice to the other party hereto confirming that, pursuant to the terms of the Lease, Fair Market Rental Value is to be determined in accordance with the terms of Exhibit E, Landlord and Tenant shall each simultaneously submit to the other in a sealed envelope its good faith estimate of Fair Market Rental Value. If the higher of such estimates is not more than one hundred five percent (105%) of the lower of such estimates, then Fair Market Rental Value shall be the average of the two estimates. If one party ("Refusing Party") refuses to simultaneously submit such estimate to the other party ("Other") within such 10-day period, then the Other may notify the Refusing Party of the Other's willingness to make such simultaneous submittal. If the Refusing Party fails to make such simultaneous submittal within five (5) business days thereafter, the other party's good faith estimate of Fair Market Rental Value shall be Fair Market Rental Value.
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Samples: Store Lease Agreement (Gottschalks Inc), Store Lease Agreement (Gottschalks Inc), Store Lease Agreement (Gottschalks Inc)
