Common use of DISPUTE OF FAIR MARKET RENT Clause in Contracts

DISPUTE OF FAIR MARKET RENT. In the event Tenant shall elect to dispute Landlord's determination of the Fair Market Rent, Tenant shall be required to notify Landlord of such dispute in writing (the "DISPUTE NOTICE") within twenty (20) days after delivery to Tenant of the Fair Market Rent Notice and provide Landlord its determination of Fair Market Rent. Failure by Tenant to so notify Landlord of Tenant's dispute of the amount thereof shall be deemed to constitute Tenant's acceptance thereof. If Tenant shall timely notify Landlord of Tenant's dispute, and if Landlord and Tenant are not able, within thirty (30) days after such notice, to agree upon the Fair Market Rent, then the determination of Fair Market Rent shall be determined by arbitration as hereinafter set forth. If such arbitration concerning Fair Market Rent shall not be concluded prior to the commencement of the applicable Extended Term, Tenant shall nevertheless pay all Fixed Rent and Additional Rent to Landlord with respect thereto from and after the commencement of the applicable Extension Term, which shall include Fixed Rent at the rate payable for the period immediately prior to such Extension Term. If the applicable Fair Market Rent as determined by arbitration is greater than or less than that specified in the Fair Market Rent Notice, then such adjustment as shall be needed to correct the amount previously paid by Tenant on such overpaid or underpaid amount, as the case may be, computed from the date of such overpayment or underpayment, as the case may be, to the date of refund or payment, as appropriate shall be made in a payment by the appropriate party within thirty (30) days after the arbitration determination.

DISPUTE OF FAIR MARKET RENT. In the event Tenant shall elect to dispute Landlord's ’s determination of the Fair Market RentRent (“Landlord’s Amount”), Tenant shall be required to notify Landlord of such dispute in writing (the "DISPUTE NOTICE"“Dispute Notice”) within twenty thirty (2030) days after delivery to Tenant of the Fair Market Rent Notice and provide Landlord its determination of Fair Market RentNotice. Failure by Tenant to so notify Landlord of Tenant's ’s dispute of the amount thereof shall be deemed to constitute Tenant's ’s acceptance thereof. If Tenant shall timely notify Landlord of Tenant's ’s dispute, and if Landlord and Tenant are not able, within thirty (30) days after such notice, to agree upon the Fair Market Rent, then the determination of Fair Market Rent shall be determined by arbitration as hereinafter set forth. If such arbitration concerning Fair Market Rent shall not be concluded prior to the commencement of the applicable Extended Renewal Term, Tenant shall nevertheless pay all Fixed Rent and Additional Rent to Landlord with respect thereto from and after the commencement of the applicable Extension Renewal Term, which shall include Fixed Rent at as specified in the rate payable for the period immediately prior to such Extension TermFair Market Rent Notice. If the applicable Fair Market Rent as determined by arbitration is greater than or less than that specified in the Fair Market Rent Notice, then such adjustment as shall be needed to correct the amount previously paid by Tenant on such overpaid or underpaid amount, as the case may be, computed from the date of such overpayment or underpayment, as the case may be, to the date of refund or payment, as appropriate appropriate, shall be made in a payment by the appropriate party within thirty (30) days after the arbitration determination. In the event the Fair Market Rent determined by arbitration is greater than Landlord’s Amount, Tenant shall have the right to revoke its exercise of its right to extend the Term for the Renewal Term within ten (10) days after receipt of the notice of the arbitration determination. In the event Tenant shall not so revoke its exercise, the Lease will be extended at the Fair Market Rent set forth in the arbitration determination.

DISPUTE OF FAIR MARKET RENT. In the event Tenant shall elect to dispute Landlord's determination of the Fair Market Rent, Tenant shall be required to notify Landlord of such dispute in writing (the "DISPUTE NOTICE") within twenty thirty (2030) days after delivery to Tenant of the Fair Market Rent Notice and provide Landlord its determination of Fair Market RentNotice. Failure by Tenant to so notify Landlord of Tenant's dispute of the amount thereof shall be deemed to constitute Tenant's acceptance thereof. If Tenant shall timely notify Landlord of Tenant's dispute, and if Landlord and Tenant are not able, within thirty (30) days after such notice, to agree upon the Fair Market Rentfair market rent, then the determination of Fair Market Rent shall be determined by arbitration as hereinafter set forth. If such arbitration concerning Fair Market Rent shall not be concluded prior to the commencement of the applicable Extended Extend Term, Tenant shall nevertheless pay all Fixed Rent and Additional Rent to Landlord with respect thereto from and after the commencement of the applicable Extension Term, which shall include Fixed Rent at the rate Rate payable for the period immediately prior to such the Extension Term. If the applicable Fair Market Rent as determined by arbitration is greater than or less than that specified in the Fair Market Rent Notice, then such adjustment as shall be needed to correct the amount previously paid by Tenant on such overpaid or underpaid amount, as the case may be, computed from the date of such overpayment or underpayment, as the case may be, to the date of refund or payment, as appropriate shall be made in a payment by the appropriate party within thirty (30) days after the arbitration determination.

DISPUTE OF FAIR MARKET RENT. In the event Tenant shall elect to dispute Landlord's determination of the Fair Market Rent, Tenant shall be required to notify Landlord of such dispute in writing (the "DISPUTE NOTICEDispute Notice") within twenty thirty (2030) days after delivery to Tenant of the Fair Market Rent Notice and provide Landlord its determination of Fair Market RentNotice. Failure by Tenant to so notify Landlord of Tenant's dispute of the amount thereof shall be deemed to constitute Tenant's acceptance thereof. If Tenant shall timely notify Landlord of Tenant's dispute, and if Landlord and Tenant are not able, within thirty (30) days after such notice, to agree upon the Fair Market Rent, then the determination of Fair Market Rent shall be determined by arbitration as hereinafter set forth. If such arbitration concerning Fair Market Rent shall not be concluded prior to the commencement of the applicable Extended Renewal Term, Tenant shall nevertheless pay all Fixed Rent and Additional Rent to Landlord with respect thereto from and after the commencement of the applicable Extension Renewal Term, which shall include Fixed Rent at as specified in the rate payable for the period immediately prior to such Extension TermFair Market Rent Notice. If the applicable Fair Market Rent as determined by arbitration is greater than or less than that specified in the Fair Market Rent Notice, then such adjustment as shall be needed to correct the amount previously paid by Tenant on such overpaid or underpaid amount, as the case may be, computed from the date of such overpayment or underpayment, as the case may be, to the date of refund or payment, as appropriate appropriate, shall be made in a payment by the appropriate party within thirty (30) days after the arbitration determination.