Determination of Fair Market Value of the Facility Sample Clauses

Determination of Fair Market Value of the Facility. Promptly following delivery of the Preliminary Interest Notice, the Parties shall mutually agree to the fair market value of the Facility. If PacifiCorp and Seller cannot mutually agree to a fair market value of the Facility within thirty (30) days of delivery of the Preliminary Interest Notice, then each of PacifiCorp and Seller shall select and retain, at each Party’s own cost and expense, a nationally recognized independent appraiser with experience and expertise in appraising solar generation facilities to determine separately the value of the Facility. Subject to the appraisers' execution and delivery to Seller of a suitable confidentiality agreement in a form reasonably acceptable to Seller, Seller shall provide both appraisers access to the Facility and its books and records during business hours and upon prior written notice. The appraisers shall act reasonably and in good faith to determine the fair market value of the Facility and the Parties shall use their best efforts to cause the appraisers to complete such determination no later than sixty (60) days following delivery of the Preliminary Interest Notice. If for any reason (other than failure by Seller to provide access hereunder to PacifiCorp's appraiser), one of the appraisals is not completed within ninety (90) days following delivery of the Preliminary Interest Notice, the results of the other completed appraisal shall be deemed the Fair Market Value of the Facility. Each Party may provide to both appraisers a list of factors which the Parties suggest be taken into consideration when the appraisers generate their appraisals, consistent with industry standards prevailing at such time for appraising solar power generation facilities. Any information provided to an appraiser by a Party shall be provided to the other appraiser and the other Party at the same time, it being the intent of the Parties that the appraisers have access to the same information. PacifiCorp and Seller shall deliver the results of their respective appraisal to the other Party when completed. If so requested by either Party, the appraisals shall be exchanged simultaneously. After both appraisals are completed and exchanged, the Parties and their appraisers promptly shall confer and attempt to agree upon the Fair Market Value of the Facility.
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Determination of Fair Market Value of the Facility. Promptly following delivery of the Preliminary Interest Notice, the Parties shall mutually agree to the fair market value of the Facility. If PacifiCorp and Seller cannot mutually agree to a fair market value of the Facility within thirty (30) days of delivery of the Preliminary Interest Notice, then each of PacifiCorp and Seller shall select and retain, at each Party’s own cost and expense, a nationally recognized independent appraiser with experience and expertise in appraising wind power generation facilities to determine separately the value of the Facility. Subject to the appraisers' execution and delivery to Seller of a suitable confidentiality agreement in a form reasonably 1 Note To Bidders – Providing a purchase option in favor of PacifiCorp is not a required condition to submitting a bid, nor will inclusion or failure to include a purchase option impact the overall scoring of a bid.
Sample 1
Determination of Fair Market Value of the Facility. Promptly following delivery of the Preliminary Interest Notice, the Parties shall mutually agree to the fair market value of the Facility. If PacifiCorp and Seller cannot mutually agree to a fair market value of the Facility within thirty (30) days of delivery of the Preliminary Interest Notice, then each of PacifiCorp and Seller shall select and retain, at each Party’s own cost and expense, a nationally recognized independent appraiser with experience and expertise in appraising wind power generation facilities to determine separately the value of the Facility. Subject to the appraisers' execution and delivery to Seller of a suitable confidentiality agreement in a form reasonably acceptable to Seller, Seller shall provide both appraisers access to the Facility and its books and
Sample 1

Related to Determination of Fair Market Value of the Facility

  • Determination of Fair Market Value For purposes of this Section 10.2, “fair market value” of a share of Common Stock as of a particular date (the “Determination Date”) shall mean:

  • Fair Market Value Fair Market Value of a share of Common Stock as of a particular date (the "Determination Date") shall mean:

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  • Value of Completed Work If the Engineer defaults in the performance of this contract or if the State terminates this contract for fault on the part of the Engineer, the State will give consideration to the following when calculating the value of the completed work: (1) the actual costs incurred (not to exceed the rates set forth in Attachment E, Fee Schedule) by the Engineer in performing the work to the date of default; (2) the amount of work required which was satisfactorily completed to date of default; (3) the value of the work which is usable to the State; (4) the cost to the State of employing another firm to complete the required work; (5) the time required to employ another firm to complete the work; and (6) other factors which affect the value to the State of the work performed.

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