Common use of Determination of Fair Market Rental Clause in Contracts

Determination of Fair Market Rental. Upon exercise of the right to extend the term, and included within the Notice of Exercise, Tenant shall notify Landlord of its opinion of Fair Market Rental as above defined for the Extended Term. If Landlord disagrees with Tenant's opinion of the Fair Market Rental, it shall so notify Tenant ("Landlord's Value Notice") within thirty (30) days after receipt of Tenant's Notice of Exercise. If the parties are unable to resolve their differences within ten (10) days thereafter, either party may apply for Arbitration as provided below. If neither party applies for Arbitration within ten (10) days after receipt by Tenant of Landlord's Value Notice, Tenant shall be bound to the Fair Market Rental stated in Landlord's Value Notice. Should either party elect to arbitrate, and if the arbitration is not concluded before the commencement of the Extended Term, Tenant shall pay Base Rent to Landlord in an amount equal to the Base Rent payable immediately prior to the commencement of the Extended Term, until the Fair Market Rental is determined in accordance with the arbitration provisions hereof ("Arbitration"). If the Fair Market Rental as determined by Arbitration differs from the Base Rent payable immediately prior to the commencement of the Extended Term, then any adjustment required to correct the amount previously paid by Tenant shall be made by payment by the appropriate party within thirty (30) days after the determination of Fair Market Rental by Arbitration has been concluded, as provided herein. Tenant shall be obligated to make payment during the entire Extended Term of the Base Rent determined in accordance with the Arbitration procedures hereunder.

Determination of Fair Market Rental. Upon exercise of the right to extend the termTerm, and included within the Notice of Exercise, Tenant Lessee shall notify Landlord Lessor of its opinion of Fair Market Rental as above defined for the Extended Renewal Term. If Landlord Lessor disagrees with TenantLessee's opinion of the Fair Market Rental, it shall * so notify Tenant Lessee ("LandlordLessor's Value Notice") within thirty (30) days after receipt of TenantLessee's Notice of Exercise. If the parties are unable to resolve their differences within ten (10) days thereafterthereafter or if separated by more than ten percent (10%), either party may apply for Arbitration as provided below. If the values are within ten percent (100/6), they shall be averaged. If neither party applies for Arbitration within ten (10) days after receipt by Tenant Lessee of LandlordLessor's Value Notice, Tenant Lessee shall be bound to the Fair Market Rental stated in LandlordLessor's Value Notice. Should either party elect to arbitrate, and if the arbitration is not concluded before the commencement of the Extended Renewal Term, Tenant Lessee shall pay Base Minimum Rent to Landlord Lessor in an amount equal to the Base Rent payable immediately prior to the commencement of the Extended TermFair Market Rental set forth in Lessor's Value Notice, until the Fair Market Rental is determined in accordance with the arbitration provisions hereof ("Arbitration"). If the Fair Market Rental as determined by Arbitration differs from the Base Rent payable immediately prior to the commencement of the Extended Termthat stated in Lessor's Value Notice, then any adjustment required to correct the amount previously paid by Tenant Lessee shall be made by payment by the appropriate party within thirty (30) days after the determination of Fair Market Rental by Arbitration has been concluded, as provided herein. Tenant Lessee shall be obligated to make payment during the entire Extended Renewal Term of the Base Minimum Rent determined in accordance with the Arbitration procedures hereunder.

Determination of Fair Market Rental. Upon exercise of the ----------------------------------- right to extend the termTerm, and included within the Notice of Exercise, Tenant Lessee shall notify Landlord Lessor of its opinion of Fair Market Rental as above defined for the Extended Renewal Term. If Landlord Lessor disagrees with TenantLessee's opinion of the Fair Market Rental, it shall so notify Tenant Lessee ("LandlordLessor's Value Notice") within thirty (30) days after receipt of TenantLessee's Notice of Exercise. If the parties are unable to resolve their differences within ten (10) days thereafterthereafter or if separated by more than ten percent (10%), either party may apply for Arbitration as provided below. If the values are within ten percent (10%), they shall be averaged. If neither party applies for Arbitration within ten (10) days after receipt by Tenant Lessee of LandlordLessor's Value Notice, Tenant Lessee shall be bound to the Fair Market Rental stated in LandlordLessor's Value Notice. Should either party elect to arbitrate, and if the arbitration is not concluded before the commencement of the Extended Renewal Term, Tenant Lessee shall pay Base Minimum Rent to Landlord Lessor in an amount equal to the Base Rent payable immediately prior to the commencement of the Extended TermFair Market Rental set forth in Lessor's Value Notice, until the Fair Market Rental is determined in accordance with the arbitration provisions hereof ("Arbitration"). If the Fair Market Rental as determined by Arbitration differs from the Base Rent payable immediately prior to the commencement of the Extended Termthat stated in Lessor's Value Notice, then any adjustment required to correct the amount previously paid by Tenant Lessee shall be made by payment by the appropriate party within thirty (30) days after the determination of Fair Market Rental by Arbitration has been concluded, as provided herein. Tenant Lessee shall be obligated to make payment during the entire Extended Renewal Term of the Base Minimum Rent determined in accordance with the Arbitration procedures hereunder.

Determination of Fair Market Rental. Upon exercise of the right to extend the term, and included within the Notice of Exercise, Tenant Lessee shall notify Landlord Lessor of its opinion of Fair Market Rental as above defined for the Extended Term. If Landlord Lessor disagrees with TenantLessee's opinion of the Fair Market Rental, it shall so notify Tenant Lessee ("LandlordLessor's Value Notice") within thirty (30) days after receipt of TenantLessee's Notice of Exercise. If the parties are unable to resolve their differences within ten (10) business days thereafter, either party may apply for Arbitration as provided below. If neither party applies for Arbitration within ten (10) business days after receipt by Tenant Lessee of LandlordLessor's Value Notice, Tenant Lessee shall be bound to the Fair Market Rental stated in LandlordLessor's Value Notice. Should either party elect to arbitrate, and if the arbitration is not concluded before the commencement of the Extended Term, Tenant Lessee shall pay Base Minimum Monthly Rent to Landlord Lessor in an amount equal to the Base Rent payable immediately prior to the commencement of the Extended TermFair Market Rental set forth in Lessor's Value Notice, until the Fair Market Rental is determined in accordance with the arbitration provisions hereof ("Arbitration"). If the Fair Market Rental as determined by Arbitration differs from the Base Rent payable immediately prior to the commencement of the Extended Termthat stated in Lessor's Value Notice, then any adjustment required to correct the amount previously paid by Tenant Lessee shall be made by payment by the appropriate party within thirty (30) days after the determination of Fair Market Rental by Arbitration has been concluded, as provided herein. Tenant Lessee shall be obligated to make payment during the entire Extended Term of the Base Minimum Monthly Rent determined in accordance with the Arbitration procedures hereunder.