Common use of Calculation of Option Price Clause in Contracts

Calculation of Option Price. 16.3.Y The Members shall use their respective, good faith efforts to determine the Option Price prior to the Option Closing Date. For a period of at least ten (10) business days prior to ordering an appraisal in connection with the determination of the Option Price, WPHC and Feld shall attempt in good faith to negotiate the fair market value xx the Project to be used in such determination. Each of WPHC and Feld shall be entitled to submit the calculation of the Option Pricx xx the Company's Accountants for verification or auditing. If WPHC and Feld are unable to determine the Option Price by the Option Closing Xxxe, then WPHC shall pay Feld the Minimum Option Price as estimated by WPHC in its good faitx xxdgment. The parties shall make a determination of the Option Price promptly after the Option Closing, and (i) if the Option Price as so determined exceeds the estimated Minimum Option Price paid at the Option Closing, then WPHC shall pay Feld such excess within five (5) business days after the determinatxxx of the Option Price, or (ii) if the Option Price as so determined is less than the estimated Minimum Option Price paid at the Option Closing, then Feld shall pay the difference to WPHC within five (5) business days xxxer the determination of the Option Price. In addition, for a period of twelve (12) months after the Final Closing Date, WPHC and Feld shall each have the right to cause the recalculation of the Opxxxx Price, if such Member pays the costs of the Company's Accountants in making such recalculation. If the amount of the adjustment is in excess of $5,000, then WPHC and Feld shall adjust the Option Price within five (5) business days afxxx the recalculation of the Option Price. No post-closing adjustment in the Option Price shall be made for amounts of $5,000 or less or based on a recalculation made more than twelve (12) months after the Option Closing Date. Notwithstanding anything to the contrary herein, the appraised value of the Project as determined shall be final and shall not be subject to challenge or recalculation by any Member.

Calculation of Option Price. 16.3.Y 16.3.1 The Members shall use their respective, good faith efforts to determine the Option Price prior to the Option Closing Date. For a period of at least ten (10) business days prior to ordering an appraisal in connection with the determination of the Option Price, WPHC and Feld shall attempt in good faith to faitx xx negotiate the fair market value xx of the Project to be used in such determination. Each of WPHC and Feld shall be entitled to submit the submix xxe calculation of the Option Pricx xx Price to the Company's Accountants for verification or auditing. If WPHC and Feld are unable to determine the Option thx Xxtion Price by the Option Closing XxxeDate, then WPHC shall pay Feld the Minimum Option Price as estimated ax xxtimated by WPHC in its good faitx xxdgmentfaith judgment. The parties shall make a determination of the Option Price promptly after the Option Closing, and (i) if the Option Price as so determined exceeds the estimated Minimum Option Price paid at the Option Closing, then WPHC shall pay Feld such excess within five (50) business days after the determinatxxx determination of the Option Price, or (ii) if the Option Price as so determined is less than the estimated Minimum Option Price paid at the Option Closing, then Feld shall pay the difference to xx WPHC within five (5) business days xxxer after the determination of the Option Price. In addition, for a period of twelve (12) months after the Final Closing Date, WPHC and Feld shall each have the right to cause xx xause the recalculation of the Opxxxx Option Price, if such Member pays the costs of the Company's Accountants in making such recalculation. If the amount of the adjustment is in excess of $5,000, then WPHC and Feld shall adjust the Option Price within Pxxxx with five (5) business days afxxx after the recalculation of the Option Price. No post-closing adjustment in the Option Price shall be made for amounts of $5,000 or less or based on a recalculation made more than twelve (12) months after the Option Closing Date. Notwithstanding anything to the contrary herein, the appraised value of the Project as determined shall be final and shall not be subject to challenge or recalculation by any Member.

Calculation of Option Price. 16.3.Y 16.3.1 The Members shall use their respective, good faith efforts to determine the Option Price prior to the Option Closing Date. For a period of at least ten (10) business days prior to ordering an appraisal in connection with the determination of the Option Price, WPHC and Feld shall attempt in good faith to faitx xx negotiate the fair market value xx of the Project to be used in such determination. Each of WPHC and Feld shall be entitled to submit the submix xxe calculation of the Option Pricx xx Price to the Company's Accountants for verification or auditing. If WPHC and Feld are unable to determine the Option thx Xxtion Price by the Option Closing XxxeDate, then WPHC shall pay Feld the Minimum Option Price as estimated ax xxtimated by WPHC in its good faitx xxdgmentfaith judgment. The parties shall make a determination of the Option Price promptly after the Option Closing, and (i) if the Option Price as so determined exceeds the estimated Minimum Option Price paid at the Option Closing, then WPHC shall pay Feld such excess within five (50) business days after the determinatxxx determination of the Option Price, or (ii) if the Option Price as so determined is less than the estimated Minimum Option Price paid at the Option Closing, then Feld shall pay the difference to WPHC tx XXHC within five (5) business days xxxer after the determination of the Option Price. In addition, for a period of twelve (12) months after the Final Closing Date, WPHC and Feld shall each have the right to cause xx xause the recalculation of the Opxxxx Option Price, if such Member pays the costs of the Company's Accountants in making such recalculation. If the amount of the adjustment is in excess of $5,000, then WPHC and Feld shall adjust the Option Price Prxxx within five (5) business days afxxx after the recalculation of the Option Price. No post-closing adjustment in the Option Price shall be made for amounts of $5,000 or less or based on a recalculation made more than twelve (12) months after the Option Closing Date. Notwithstanding anything to the contrary herein, the appraised value of the Project as determined shall be final and shall not be subject to challenge or recalculation by any Member.

Calculation of Option Price. 16.3.Y 16.3.1 The Members shall use their respective, good faith efforts to determine the Option Price prior to the Option Closing Date. For a period of at least ten (10) business days prior to ordering an appraisal in connection with the determination of the Option Price, WPHC and Feld shall attempt in good faith to negotiate the xxx fair market value xx of the Project to be used in such determination. Each of WPHC and Feld shall be entitled to submit the calculation of xx the Option Pricx xx Price to the Company's Accountants for verification or auditing. If WPHC and Feld are unable to determine the Option Price by the xxx Option Closing XxxeDate, then WPHC shall pay Feld the Minimum Option Price as estimated by WPHC in WPXX xn its good faitx xxdgmentfaith judgment. The parties shall make a determination of the Option Price promptly after the Option Closing, and (i) if the Option Price as so determined exceeds the estimated Minimum Option Price paid at the Option Closing, then WPHC shall pay Feld such excess within five (5) business days after daxx xfter the determinatxxx determination of the Option Price, or (ii) if the Option Price as so determined is less than the estimated Minimum Option Price paid at the Option Closing, then Feld shall pay the difference to WPHC within five fivx (50) business days xxxer after the determination of the Option Price. In addition, for a period of twelve (12) months after the Final Closing Date, WPHC and Feld shall each have the right to cause the recalculation recxxxxlation of the Opxxxx Option Price, if such Member pays the costs of the Company's Accountants in making such recalculation. If the amount of the adjustment is in excess of $5,000, then WPHC and Feld shall adjust the Option Price within five (50) business xusiness days afxxx after the recalculation of the Option Price. No post-closing adjustment in the Option Price shall be made for amounts of $5,000 or less or based on a recalculation made more than twelve (12) months after the Option Closing Date. Notwithstanding anything to the contrary herein, the appraised value of the Project as determined shall be final and shall not be subject to challenge or recalculation by any Member.

Calculation of Option Price. 16.3.Y 16.3.1 The Members shall use their respective, good faith efforts to determine the Option Price prior to the Option Closing Date. For a period of at least ten (10) business days prior to ordering an appraisal in connection with the determination of the Option Price, WPHC and Feld Xxxx shall attempt in good faith to negotiate the fair market value xx of the Project to be used in such determination. Each of WPHC and Feld Xxxx shall be entitled to submit the calculation of the Option Pricx xx Price to the Company's Accountants for verification or auditing. If WPHC and Feld Xxxx are unable to determine the Option Price by the Option Closing XxxeDate, then WPHC shall pay Feld Xxxx the Minimum Option Price as estimated by WPHC in its good faitx xxdgmentfaith judgment. The parties shall make a determination of the Option Price promptly after the Option Closing, and (i) if the Option Price as so determined exceeds the estimated Minimum Option Price paid at the Option Closing, then WPHC shall pay Feld Xxxx such excess within five (5) business days after the determinatxxx determination of the Option Price, or (ii) if the Option Price as so determined is less than the estimated Minimum Option Price paid at the Option Closing, then Feld Xxxx shall pay the difference to WPHC within five (5) business days xxxer after the determination of the Option Price. In addition, for a period of twelve (12) months after the Final Closing Date, WPHC and Feld Xxxx shall each have the right to cause the recalculation of the Opxxxx Option Price, if such Member pays the costs of the Company's Accountants in making such recalculation. If the amount of the adjustment is in excess of $5,000, then WPHC and Feld Xxxx shall adjust the Option Price within with five (5) business days afxxx after the recalculation of the Option Price. No post-post- closing adjustment in the Option Price shall be made for amounts of $5,000 or less or based on a recalculation made more than twelve (12) months after the Option Closing Date. Notwithstanding anything to the contrary herein, the appraised value of the Project as determined shall be final and shall not be subject to challenge or recalculation by any Member.

Calculation of Option Price. 16.3.Y The Members shall use their respective, good faith efforts to determine the Option Price prior to the Option Closing Date. For a period of at least ten (10) business days prior to ordering an appraisal in connection with the determination of the Option Price, WPHC and Feld Xxxx shall attempt in good faith to negotiate the fair market value xx of the Project to be used in such determination. Each of WPHC and Feld Xxxx shall be entitled to submit the calculation of the Option Pricx xx Price to the Company's Accountants for verification or auditing. If WPHC and Feld Xxxx are unable to determine the Option Price by the Option Closing XxxeDate, then WPHC shall pay Feld Xxxx the Minimum Option Price as estimated by WPHC in its good faitx xxdgmentfaith judgment. The parties shall make a determination of the Option Price promptly after the Option Closing, and (i) if the Option Price as so determined exceeds the estimated Minimum Option Price paid at the Option Closing, then WPHC shall pay Feld Xxxx such excess within five (5) business days after the determinatxxx determination of the Option Price, or (ii) if the Option Price as so determined is less than the estimated Minimum Option Price paid at the Option Closing, then Feld Xxxx shall pay the difference to WPHC within five (5) business days xxxer after the determination of the Option Price. In addition, for a period of twelve (12) months after the Final Closing Date, WPHC and Feld Xxxx shall each have the right to cause the recalculation of the Opxxxx Option Price, if such Member pays the costs of the Company's Accountants in making such recalculation. If the amount of the adjustment is in excess of $5,000, then WPHC and Feld Xxxx shall adjust the Option Price within five (5) business days afxxx after the recalculation of the Option Price. No post-closing adjustment in the Option Price shall be made for amounts of $5,000 or less or based on a recalculation made more than twelve (12) months after the Option Closing Date. Notwithstanding anything to the contrary herein, the appraised value of the Project as determined shall be final and shall not be subject to challenge or recalculation by any Member.