Common use of Disagreement as to Value Clause in Contracts

Disagreement as to Value. If, within thirty (30) days after completion of both appraisals, the Parties cannot agree on the fair market value of the Facility, and the values of the appraisals are within ten percent (10%) of each other, the Fair Market Value of the Facility shall be the simple average of the two appraisals. If the values of the two appraisals differ by ten percent (10%) or more, the first two appraisers shall choose a third independent appraiser experienced in appraising solar power generation assets, or, if the first two appraisers fail to agree upon a third appraiser within ten (10) days after the expiration of the thirty (30) day period following completion of both appraisals, such appointment shall be made by the AAA upon application of either Party in accordance with the applicable rules and regulations of the AAA for such selection. The third appraiser shall have access to the same information as was available to the two other appraisers. The Parties shall direct the third appraiser to determine the fair market value of the Facility within sixty (60) days following his retention. The costs and expenses of such third appraiser shall be shared equally by the Parties. Upon completion of the fair market value of the Facility by such appraiser, the Fair Market Value of the Facility will be the simple average of the three appraisal values completed in accordance with this Section 7.2.

Disagreement as to Value. If, within thirty (30) days after completion of both appraisals, the Parties cannot agree on the fair market value of the Facility, and the values of the appraisals are within ten percent (10%) of each other, the Fair Market Value of the Facility shall be the simple average of the two appraisals. If the values of the two appraisals differ by ten percent (10%) or more, the first two appraisers shall choose a third independent appraiser experienced in appraising solar wind power generation assets, or, if the first two appraisers fail to agree upon a third appraiser within ten (10) days after the expiration of the thirty (30) day period following completion of both appraisals, such appointment shall be made by the AAA upon application of either Party in accordance with the applicable rules and regulations of the AAA for such selection. The third appraiser shall have access to the same information as was available to the two other appraisers. The Parties shall direct the third appraiser to determine the fair market value of the Facility within sixty (60) days following his retention. The costs and expenses of such third appraiser shall be shared equally by the Parties. Upon completion of the fair market value of the Facility by such appraiser, the Fair Market Value of the Facility will be the simple average of the three appraisal values completed in accordance with this Section 7.2.