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, Lessee shall notify Lessor of its opinion of Fair Market Rental as above defined for the Renewal Term. If Lessor disagrees with Lessee's opinion of the Fair Market Rental, it shall so notify Lessee ("Lessor's Value Notice") within thirty (30) days after receipt of Lessee's Notice of Exercise. If the parties are unable to resolve their differences within ten (10) days thereafter 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 Lessee of Lessor's Value Notice, Lessee shall be bound to the Fair Market Rental stated in Lessor's Value Notice. Should either party elect to arbitrate, and if the arbitration is not concluded before the commencement of the Renewal Term, Lessee shall pay Minimum Rent to Lessor in an amount equal to the Fair 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 that stated in Lessor's Value Notice, then any adjustment required to correct the amount previously paid by 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. Lessee shall be obligated to make payment during the entire Renewal Term of the Minimum Rent determined in accordance with the Arbitration procedures hereunder.

Appears in 1 contract

Samples: Lease (Linuxcare Inc)

AutoNDA by SimpleDocs

Determination of Fair Market Rental. Upon exercise of the ----------------------------------- right to extend the Termterm, and included within the Notice of Exercise, Lessee shall notify Lessor of its opinion of Fair Market Rental as above defined for the Renewal Extended Term. If Lessor disagrees with Lessee's opinion of the Fair Market Rental, it shall so notify Lessee ("Lessor's Value Notice") within thirty (30) days after receipt of Lessee's Notice of Exercise. If the parties are unable to resolve their differences within ten (10) business days thereafter or if separated by more than ten percent (10%)thereafter, 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) business days after receipt by Lessee of Lessor's Value Notice, Lessee shall be bound to the Fair Market Rental stated in Lessor's Value Notice. Should either party elect to arbitrate, and if the arbitration is not concluded before the commencement of the Renewal Extended Term, Lessee shall pay Minimum Monthly Rent to Lessor in an amount equal to the Fair 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 that stated in Lessor's Value Notice, then any adjustment required to correct the amount previously paid by 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. Lessee shall be obligated to make payment during the entire Renewal Extended Term of the Minimum Monthly Rent determined in accordance with the Arbitration procedures hereunder.

Appears in 1 contract

Samples: Sublease Agreement (Innova Corporation)

Determination of Fair Market Rental. Upon exercise of the ----------------------------------- right to extend the Termterm, and included within the Notice of Exercise, Lessee Tenant shall notify Lessor Landlord of its opinion of Fair Market Rental as above defined for the Renewal Extended Term. If Lessor Landlord disagrees with LesseeTenant's opinion of the Fair Market Rental, it shall so notify Lessee Tenant ("LessorLandlord's Value Notice") within thirty (30) days after receipt of LesseeTenant's Notice of Exercise. If the parties are unable to resolve their differences within ten (10) days thereafter or if separated by more than ten percent (10%)thereafter, 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 Lessee Tenant of LessorLandlord's Value Notice, Lessee Tenant shall be bound to the Fair Market Rental stated in LessorLandlord's Value Notice. Should either party elect to arbitrate, and if the arbitration is not concluded before the commencement of the Renewal Extended Term, Lessee Tenant shall pay Minimum Base Rent to Lessor Landlord in an amount equal to the Fair Market Rental set forth in Lessor's Value NoticeBase 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 that stated in Lessor's Value Noticethe Base Rent payable immediately prior to the commencement of the Extended Term, then any adjustment required to correct the amount previously paid by Lessee 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. Lessee Tenant shall be obligated to make payment during the entire Renewal Extended Term of the Minimum Base Rent determined in accordance with the Arbitration procedures hereunder.

Appears in 1 contract

Samples: Lease (Pc Tel Inc)

AutoNDA by SimpleDocs

Determination of Fair Market Rental. Upon exercise of the ----------------------------------- right to extend the Term, and included within the Notice of Exercise, Lessee shall notify Lessor of its opinion of Fair Market Rental as above defined for the Renewal Term. If Lessor disagrees with Lessee's opinion of the Fair Market Rental, it shall * so notify Lessee ("Lessor's Value Notice") within thirty (30) days after receipt of Lessee's Notice of Exercise. If the parties are unable to resolve their differences within ten (10) days thereafter 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%100/6), they shall be averaged. If neither party applies for Arbitration within ten (10) days after receipt by Lessee of Lessor's Value Notice, Lessee shall be bound to the Fair Market Rental stated in Lessor's Value Notice. Should either party elect to arbitrate, and if the arbitration is not concluded before the commencement of the Renewal Term, Lessee shall pay Minimum Rent to Lessor in an amount equal to the Fair 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 that stated in Lessor's Value Notice, then any adjustment required to correct the amount previously paid by 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. Lessee shall be obligated to make payment during the entire Renewal Term of the Minimum Rent determined in accordance with the Arbitration procedures hereunder.

Appears in 1 contract

Samples: Triple Net Lease (MCB Financial Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!