Determination Binding. Determinations by any Affected Party for purposes of this Section 2.09 of the effect of any Regulatory Change on its costs of making, funding or maintaining any commitments hereunder or under any other Related Documents or on amounts payable to it hereunder or thereunder or of the additional amounts required to compensate such Affected Party in respect of any Additional Costs shall be set forth in a written notice to the Borrower in reasonable detail and shall be final, binding and conclusive on the Borrower (absent manifest error) for all purposes.
Determination Binding. The Independent Accountant's determination shall be final and binding upon the Parties except for fraud, mistake or manifest error.
Determination Binding. Absent manifest error, the determination of the Valuation Firm shall be final and binding on the parties.
Determination Binding. Any determination rendered in accordance with the --------------------- provisions of this Article shall be controlling and decisive of any dispute thereafter arising under this Lease if, and to the extent that, the same issues of fact and law are involved, and judgment upon the determination may be entered in any court having jurisdiction thereof.
Determination Binding. The Net Asset Value Amount determination conducted by the Independent Accountant is conclusive and binding on the Shareholders in the absence of manifest error (in which case the relevant part of the Independent Accountant’s determination shall be void and such matter shall be remitted to the Independent Accountant for correction).
Determination Binding. The Valuer's determination binds both parties.
Determination Binding. The determination by the Accounting Firm shall be conclusive and binding upon all parties unless the Internal Revenue Service, a court of competent jurisdiction, or such other duly empowered governmental body or agency (a "TAX AUTHORITY") determines that you owe a greater or lesser amount of Excise Tax with respect to any Payment than the amount determined by the Accounting Firm.
Determination Binding. The determination of Fair Market Rental pursuant to this Section 6 shall be final, conclusive and binding upon both parties.
Determination Binding. The determination of the Referee shall be final and binding on the Parties, and there shall be no right of appeal therefrom. Judgment may be entered thereon in any court having jurisdiction over the Party against which such determination is to be enforced.
Determination Binding. The Expert will act as an expert, not an arbitrator, and the Expert's decision will be final and binding on the parties unless the Expert's decision involves an amount exceeding $500,000. In that event, the parties may institute proceedings in a court of competent jurisdiction by way of appeal from the Expert's decision. Any such proceedings must be commenced within 40 Business Days after the Expert's decision, failing which the Expert's decision is final and binding on the parties.
