Common use of BEEN INTENTIONALLY DELETED Clause in Contracts

BEEN INTENTIONALLY DELETED. 42.4 (a) After Landlord receives a notice from Tenant as specified in Section 42.2(i), it shall make the initial determination of the fixed annual rent for the Extension Term ("Landlord's Submitted Rent"), which determination ------------------------- will be Landlord's statement of the then fair market rent (as defined in Section 42.4(b) hereof) of the demised premises. Landlord shall give notice to Tenant of Landlord's Submitted Rent within thirty (30) days after receipt of such notice from Tenant. If Landlord and Tenant shall fail to agree upon the fixed annual rent for the Extension Term, within thirty (30) days after delivery of such notice by Landlord, then Landlord and Tenant each shall give notice to the other setting forth the name and address of an arbitrator designated by the party giving such notice. If either party shall fail to give notice of such designation within ten (10) Business Days of the end of such thirty (30) day period, then the arbitrator chosen shall make the determination alone. If two arbitrators shall have been designated, within thirty (30) days thereafter such two arbitrators shall make their determinations of fixed annual fair market rent, as defined in Section 42.4(b), for the Extension Term, in writing and give notice thereof to each other and to Landlord and Tenant. Such two arbitrators shall have thirty (30) days after the receipt of notice of each other's determinations to confer with each other and to attempt to reach agreement as to the determination of fixed annual rent for the Extension Term. If such two arbitrators shall concur as to the determination of such fixed annual rent, such concurrence shall be final and binding upon Landlord and Tenant. If such two arbitrators shall fail to concur, then such two arbitrators shall immediately designate a third arbitrator. If the two arbitrators shall fail to agree upon the designation of such third arbitrator within five (5) days, then either party may apply to the American Arbitration Association or any successor thereto having jurisdiction for the designation of such arbitrator. All arbitrators shall be real estate appraisers or consultants who shall have had at least ten (10) years continuous experience in the business of appraising or managing real estate or acting as real estate agents or brokers in the County of Westchester and shall not be affiliated with Landlord or Tenant. The third arbitrator shall conduct such hearings and investigations as he may deem appropriate and shall, within thirty (30) days after his designation, choose one of the determinations of the two arbitrators originally selected by the parties, and that choice by the third arbitrator shall be binding upon Landlord and Tenant. Each party shall pay its own counsel fees and expenses, if any, in connection with any arbitration under this Section, including the expenses and fees of any arbitrator selected by it in accordance with the provisions of this Section, and the parties shall share equally all other expenses and fees of any such arbitration. The determination rendered in accordance with the provisions of this Section shall be final and binding in fixing the fixed annual rent for the Extension Term. The arbitrators shall not have the power to add to, modify or change any of the provisions of this Lease.

BEEN INTENTIONALLY DELETED. 42.4 (a) After Landlord receives a notice from Tenant 66 as specified in Section 42.2(i), it shall make the initial determination of the fixed annual rent for the Extension Term ("Landlord's Submitted RentLANDLORD'S SUBMITTED RENT"), which determination ------------------------- will be Landlord's statement of the then fair market rent (as defined in Section 42.4(b) hereof) of the demised premises. Landlord shall give notice to Tenant of Landlord's Submitted Rent within thirty (30) days after receipt of such notice from Tenant. If Landlord and Tenant shall fail to agree upon the fixed annual rent for the Extension Term, within thirty (30) days after delivery of such notice by Landlord, then Landlord and Tenant each shall give notice to the other setting forth the name and address of an arbitrator designated by the party giving such notice. If either party shall fail to give notice of such designation within ten (10) Business Days of the end of such thirty (30) day period, then the arbitrator chosen shall make the determination alone. If two arbitrators shall have been designated, within thirty (30) days thereafter such two arbitrators shall make their determinations of fixed annual fair market rent, as defined in Section 42.4(b), for the Extension Term, in writing and give notice thereof to each other and to Landlord and Tenant. Such two arbitrators shall have thirty (30) days after the receipt of notice of each other's determinations to confer with each other and to attempt to reach agreement as to the determination of fixed annual rent for the Extension Term. If such two arbitrators shall concur as to the determination of such fixed annual rent, such concurrence shall be final and binding upon Landlord and Tenant. If such two arbitrators shall fail to concur, then such two arbitrators shall immediately designate a third arbitrator. If the two arbitrators shall fail to agree upon the designation of such third arbitrator within five (5) days, then either party may apply to the American Arbitration Association or any successor thereto having jurisdiction for the designation of such arbitrator. All arbitrators shall be real estate appraisers or consultants who shall have had at least ten (10) years continuous experience in the business of appraising or managing real estate or acting as real estate agents or brokers in the County of Westchester and shall not be affiliated with Landlord or Tenant. The third arbitrator shall conduct such hearings and investigations as he may deem appropriate and shall, within thirty (30) days after his designation, choose one of the determinations of the two arbitrators originally selected by the parties, and that choice by the third arbitrator shall be binding upon Landlord and Tenant. Each party shall pay its own counsel fees and expenses, if any, in connection with any arbitration under this Section, including the expenses and fees of any arbitrator selected by it in accordance with the provisions of this Section, and the parties shall share equally all other expenses and fees of any such arbitration. The determination rendered in accordance with the provisions of this Section shall be final and binding in fixing the fixed annual rent for the Extension Term. The arbitrators shall not have the power to add to, modify or change 67 any of the provisions of this Lease.

BEEN INTENTIONALLY DELETED. 42.4 (a) After Landlord receives a notice from Tenant as specified in Section 42.2(i), it shall make the initial determination of the fixed annual rent for the Extension Term ("Landlord's Submitted RentLANDLORD'S SUBMITTED RENT"), which determination ------------------------- will be Landlord's statement of the then fair market rent (as defined in Section 42.4(b) hereof) of the demised premises. Landlord shall give notice to Tenant of Landlord's Submitted Rent within thirty (30) days after receipt of such notice from Tenant. If Landlord and Tenant shall fail to agree upon the fixed annual rent for the Extension Term, within thirty (30) days after delivery of such notice by Landlord, then Landlord and Tenant each shall give notice to the other setting forth the name and address of an arbitrator designated by the party giving such notice. If either party shall fail to give notice of such designation within ten (10) Business Days of the end of such thirty (30) day period, then the arbitrator chosen shall make the determination alone. If two arbitrators shall have been designated, within thirty (30) days thereafter such two arbitrators shall make their determinations of fixed annual fair market rent, as defined in Section 42.4(b), for the Extension Term, in writing and give notice thereof to each other and to Landlord and Tenant. Such two arbitrators shall have thirty (30) days after the receipt of notice of each other's determinations to confer with each other 67 and to attempt to reach agreement as to the determination of fixed annual rent for the Extension Term. If such two arbitrators shall concur as to the determination of such fixed annual rent, such concurrence shall be final and binding upon Landlord and Tenant. If such two arbitrators shall fail to concur, then such two arbitrators shall immediately designate a third arbitrator. If the two arbitrators shall fail to agree upon the designation of such third arbitrator within five (5) days, then either party may apply to the American Arbitration Association or any successor thereto having jurisdiction for the designation of such arbitrator. All arbitrators shall be real estate appraisers or consultants who shall have had at least ten (10) years continuous experience in the business of appraising or managing real estate or acting as real estate agents or brokers in the County of Westchester and shall not be affiliated with Landlord or Tenant. The third arbitrator shall conduct such hearings and investigations as he may deem appropriate and shall, within thirty (30) days after his designation, choose one of the determinations of the two arbitrators originally selected by the parties, and that choice by the third arbitrator shall be binding upon Landlord and Tenant. Each party shall pay its own counsel fees and expenses, if any, in connection with any arbitration under this Section, including the expenses and fees of any arbitrator selected by it in accordance with the provisions of this Section, and the parties shall share equally all other expenses and fees of any such arbitration. The determination rendered in accordance with the provisions of this Section shall be final and binding in fixing the fixed annual rent for the Extension Term. The arbitrators shall not have the power to add to, modify or change any of the provisions of this Lease.

BEEN INTENTIONALLY DELETED. 42.4 (a) After Landlord receives a notice from Tenant as specified in Section 42.2(i), it shall make the initial determination of the fixed annual rent for the Extension Term ("Landlord's Submitted RentLANDLORD'S SUBMITTED RENT"), which determination ------------------------- will be Landlord's statement of the then fair market rent (as defined in Section 42.4(b) hereof) of the demised premises. Landlord shall give notice to Tenant of Landlord's Submitted Rent within thirty (30) days after receipt of such notice from Tenant. If Landlord and Tenant shall fail to agree upon the fixed annual rent for the Extension Term, within thirty (30) days after delivery of such notice by Landlord, then Landlord and Tenant each shall give notice to the other setting forth the name and address of an arbitrator designated by the party giving such notice. If either party shall fail to give notice of such designation within ten (10) Business Days of the end of such thirty (30) day period, then the arbitrator chosen shall make the determination alone. If two arbitrators shall have been designated, within thirty (30) days thereafter such two arbitrators shall make their determinations of fixed annual fair market rent, as defined in Section 42.4(b), for the Extension Term, in writing and give notice thereof to each other and to Landlord and Tenant. Such 67 two arbitrators shall have thirty (30) days after the receipt of notice of each other's determinations to confer with each other and to attempt to reach agreement as to the determination of fixed annual rent for the Extension Term. If such two arbitrators shall concur as to the determination of such fixed annual rent, such concurrence shall be final and binding upon Landlord and Tenant. If such two arbitrators shall fail to concur, then such two arbitrators shall immediately designate a third arbitrator. If the two arbitrators shall fail to agree upon the designation of such third arbitrator within five (5) days, then either party may apply to the American Arbitration Association or any successor thereto having jurisdiction for the designation of such arbitrator. All arbitrators shall be real estate appraisers or consultants who shall have had at least ten (10) years continuous experience in the business of appraising or managing real estate or acting as real estate agents or brokers in the County of Westchester and shall not be affiliated with Landlord or Tenant. The third arbitrator shall conduct such hearings and investigations as he may deem appropriate and shall, within thirty (30) days after his designation, choose one of the determinations of the two arbitrators originally selected by the parties, and that choice by the third arbitrator shall be binding upon Landlord and Tenant. Each party shall pay its own counsel fees and expenses, if any, in connection with any arbitration under this Section, including the expenses and fees of any arbitrator selected by it in accordance with the provisions of this Section, and the parties shall share equally all other expenses and fees of any such arbitration. The determination rendered in accordance with the provisions of this Section shall be final and binding in fixing the fixed annual rent for the Extension Term. The arbitrators shall not have the power to add to, modify or change any of the provisions of this Lease.