Common use of Fees of Surveyor Clause in Contracts

Fees of Surveyor. The fees and expenses of the Surveyor shall be determined by the Surveyor. The Surveyor shall not however be precluded from notifying both parties of his total fees and expenses notwithstanding the non-publication at that time of his decision and such fees and expenses of the Surveyor together with the costs of his nomination shall at all times be payable by the Lessor and the Lessee in equal shares who shall each bear their own costs, fees and expenses. Without prejudice to the foregoing, both the Lessor and the Lessee shall each be entitled to pay the entire fees and expenses due to the Surveyor and thereafter recover as a simple contract debt the amount (if any) due from the party who failed or refused to pay same.

Appears in 10 contracts

Samples: Fishery Harbour Centre Lease, Fishery Harbour Centre Lease, Lease Agreement

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Fees of Surveyor. The fees and expenses of the Surveyor including the costs of his nomination, shall be determined by in the Surveyor. The award of the Surveyor (but this shall not however be precluded preclude the Surveyor from notifying both parties of his total fees and expenses notwithstanding the non-publication at that time of his decision and award) and, failing such fees and expenses of award, the Surveyor together with the costs of his nomination same shall at all times be payable by the Lessor Landlord and the Lessee Tenant in equal shares who shall each bear their own costs, fees and expenses. Without prejudice to the foregoing, both the Lessor Landlord and the Lessee Tenant shall each be entitled to pay the entire fees and expenses expenses, due to the Surveyor and thereafter recover as a simple contract debt the amount (if any) due from the party who failed or refused to pay same.

Appears in 2 contracts

Samples: Lease Agreement (Hubspot Inc), Lease Agreement (Hubspot Inc)

Fees of Surveyor. The fees and expenses of the Surveyor (if acting as an expert) and the party responsible for paying him shall be determined by the Surveyor. The Surveyor (but this shall not however be precluded preclude the Surveyor from notifying both parties of his total fees and expenses notwithstanding the non-publication at that time of his decision and decision) and, failing such determination of the party responsible for paying him, such fees and expenses of the Surveyor together with the costs of his nomination shall at all times be payable by the Lessor Landlord and the Lessee Tenant in equal shares who shall each bear their own costs, fees and expenses. Without prejudice to the foregoing, both the Lessor Landlord and the Lessee Tenant shall each be entitled to pay the entire fees and expenses due to the Surveyor and thereafter recover as a simple contract debt the amount (if any) due from the party who failed or refused to pay same.

Appears in 2 contracts

Samples: Lease Agreement (Hubspot Inc), Lease (Hubspot Inc)

Fees of Surveyor. The fees and expenses of the Surveyor (if acting as an expert), including the costs of his nomination, shall be determined by in the Surveyor. The award of the Surveyor (but this shall not however be precluded preclude the Surveyor from notifying both parties of his total fees and expenses notwithstanding the non-publication at that time of his decision and award) and, failing such fees and expenses of award, the Surveyor together with the costs of his nomination same shall at all times be payable by the Lessor Landlord and the Lessee Tenant in equal shares shares, who shall each bear their own costs, fees and expenses. Without prejudice to the foregoing, both the Lessor Landlord and the Lessee Tenant shall each be entitled to pay the entire fees and expenses due to the Surveyor and thereafter then recover as a simple contract debt the amount (if any) due from the party who failed or refused to pay same.

Appears in 1 contract

Samples: Occupational Lease (Hubspot Inc)

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Fees of Surveyor. The fees and expenses of the Surveyor (if acting as an expert) including the costs of his nomination shall be determined by in the Surveyor. The award of the Surveyor (but this shall not however be precluded preclude the Surveyor from notifying both parties of his total fees and expenses notwithstanding the non-publication at that time of his decision and award) and, failing such fees and expenses of award, the Surveyor together with the costs of his nomination same shall at all times be payable by the Lessor Landlord and the Lessee Tenant in equal shares who shall each bear their own costs, fees and expenses. Without prejudice to the foregoing, both the Lessor Landlord and the Lessee Tenant shall each be entitled to pay the entire fees and expenses expenses, due to the Surveyor and thereafter recover as a simple contract debt the amount (if any) due from the party who failed or refused to pay same.

Appears in 1 contract

Samples: Lease Agreement (Integrity Software Inc)

Fees of Surveyor. The fees and expenses of the Surveyor (if acting as an expert), including the costs of his nomination, shall be determined by in the Surveyor. The award of the Surveyor (but this shall not however be precluded preclude the Surveyor from notifying both parties of his total fees and expenses notwithstanding the non-publication at that time of his decision and award) and, failing such fees and expenses of award, the Surveyor together with the costs of his nomination same shall at all times be payable by the Lessor Landlord and the Lessee Tenant in equal shares who shall each bear their own costs, fees and expenses. Without prejudice to the foregoing, both the Lessor Landlord and the Lessee Tenant shall each be entitled to pay the entire fees and expenses expenses, due to the Surveyor and thereafter recover as a simple contract debt the amount (if any) due from the party who failed or refused to pay same.

Appears in 1 contract

Samples: Lease Agreement (Flamel Technologies Sa)

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