DETERMINATION OF TOTAL VALUE AMONG ASSETS FOR TITLE DEFECTS Sample Clauses

DETERMINATION OF TOTAL VALUE AMONG ASSETS FOR TITLE DEFECTS. If it is necessary to allocate value to any particular portion of the Assets for the purposes of Clause 5.4(c), 5.4(d) or Clause 6.3, the Parties shall allocate a value they can agree upon, acting reasonably. Failing such agreement, then within three (3) Business Days of notice being given by one Party to the other: (a) each of them shall provide to the other, at the same time, a written statement separately setting forth its proposed value in respect of each of the affected Assets ("Affected Assets"); and (b) each Party shall submit the determination of the value of the Affected Assets to a mutually chosen third party engineering firm (the "Evaluator"), together with written instructions that: i) the Evaluation, in accordance with good engineering and evaluation practices, select a value for each of the Affected Assets from and based only upon the values submitted by the Parties; and ii) such evaluation must be completed within five (5) Business Days from the date of submission. The fees and other costs to be paid to the Evaluator in respect to the services performed by it shall be borne in equal shares between Vendor and Purchaser. Notwithstanding other provision in this Agreement concerning the Closing Date, if a value is to be determined by the Evaluator and the Evaluator's decision
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DETERMINATION OF TOTAL VALUE AMONG ASSETS FOR TITLE DEFECTS. (a) each of them shall provide to the other, at the same time, a written statement separately setting forth its proposed value in respect of each of the affected Assets ("Affected Assets"); and (b) each Party shall submit the determination of the value of the Affected Assets to J.
Sample 1
DETERMINATION OF TOTAL VALUE AMONG ASSETS FOR TITLE DEFECTS. If it is necessary to allocate value to any particular portion of the Assets for the purposes of Clause 5.4(c), 5.4(d) or Clause 6.3, the Parties shall allocate a value they can agree upon, acting reasonably. Failing such agreement, then within three (3) Business Days of notice being given by one Party to the other: 152 16
Sample 1

Related to DETERMINATION OF TOTAL VALUE AMONG ASSETS FOR TITLE DEFECTS

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