FMV DETERMINATION Sample Clauses

FMV DETERMINATION. If a property is to be valued for purposes of balancing the capital accounts and making distributions under this Section 7, the Parties must first attempt to agree on the FMV of the property; failing such an agreement, the TRP shall cause a nationally recognized independent engineering firm to prepare an appraisal of the FMV of such property.
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FMV DETERMINATION. The initial determination of the FMV Amount shall be made by Landlord. Landlord shall give notice (a “Rent Notice”) to Tenant of the FMV Amount determined by Landlord on or before the date which is fifteen (15) months prior to the Extension Term Commencement Date. The FMV Amount so determined by Landlord shall be deemed conclusive and binding upon Tenant unless on or before the date (the “Determination Date”) which is thirty (30) days after Landlord gives to Tenant the Rent Notice either (a) Tenant gives to Landlord notice (the “FMV Dispute Notice”) that Tenant disputes the FMV Amount so determined by Landlord, which FMV Dispute Notice may, but shall not be required to, set forth Tenant’s determination of the FMV Amount, or (b) Tenant fails to respond to the Rent Notice. If on or before the Determination Date Tenant gives to Landlord a FMV Dispute Notice or fails to respond to the Rent Notice, then Tenant shall be deemed to have disputed Landlord’s determination of the FMV Amount, whereupon Landlord and Tenant shall have thirty (30) days after the Determination Date to negotiate, execute and deliver a written agreement (an “FMV Agreement”) setting forth the Base Rent for the Extension Term. If Landlord and Tenant fail to execute and deliver an FMV Agreement within thirty (30) days after the Determination Date, the FMV Amount shall be determined by arbitration pursuant to Section 41.06 below.
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FMV DETERMINATION. (a) Parent shall set forth in any Offer its determination of the Fair Market Value of the Offered Assets that are the subject of such Offer. If Regional Vehicle does not agree that the Fair Market Value set forth in the Offer represents the value Parent could obtain in an arm's length sale of the Offered Assets to an unaffiliated third party, Regional Vehicle shall deliver a written notice (an "FMV NOTICE") to Parent requesting that a determination of Fair Market Value be made pursuant to this Section 6.
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FMV DETERMINATION. The Rent amount has been determined by the Government to be not less than the fair market value of the leased interest based on a Government approved appraisal.
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FMV DETERMINATION. Unless Landlord and Tenant agree to the FMV within twenty (20) days after delivery of the Option Notice, each of Landlord and Tenant shall select an Appraiser within such twenty (20) day period to participate in the determination of the FMV hereunder and shall notify the other of such selection, which notice shall include the name and address of such Appraiser. Within ten (10) days after the timely selection of the last of the initial two (2) Appraisers, such Appraisers shall each determine the FMV. If such two (2) valuations are within ten percent (10%) of each other, then the average of such two (2) valuations shall be deemed to be the FMV. If such two (2) valuations are not within ten percent (10%) of each other, then within ten (10) days of such determination, such initial Appraisers shall select a third (3rd) Appraiser. The three (3) Appraisers shall each determine the FMV within ten (10) days of the selection of the third (3rd) Appraiser. If three (3) Appraisers are timely selected and they timely submit their valuations, then the FMV shall be the average of the
Sample 1
FMV DETERMINATION. (a) Seller may submit a written request that the Buyer and Seller proceed with ordering independent appraisals of the Property (an “Appraisal Request”) upon the earlier of: (i) the date that the Property achieves 85% occupancy, or (ii) the date that is 24 months after the certificate of occupancy is issued for the Improvements. Within ten (10) days of the end of each calendar month, Buyer shall deliver to Seller a current and complete rent roll of the Property in such detail as Seller may require to determine the occupancy of the Property. (b) Within ten (10) days following Seller’s delivery to Buyer of an Appraisal Request, each of Seller and Buyer shall, at each party’s sole cost and expense, engage a Qualified Appraiser (as defined below). Within forty-five (45) days of receiving the Appraisal Request (the “Appraisal Period”), and provided that each Qualified Appraiser shall have been provided access to the Property and delivery of any and all written materials requested by such Qualified Appraiser, each Qualified Appraiser shall complete (and deliver to Buyer and Seller) a written report (a “Report”) containing their respective findings with respect to the Appraisal Assignment (as defined below). (c) At the end of the Appraisal Period, the Qualified Appraisers, utilizing the findings in their respective Reports, shall promptly meet and attempt in good faith to determine the FMV of the Property as required in the Appraisal Assignment. If either Qualified Appraiser fails to complete and deliver a Report within the Appraisal Period, the other Qualified Appraiser’s Report shall be conclusive with respect to establishing FMV. If the two Qualified Appraisers are unable to agree on the FMV within ten (10) days after the end of the Appraisal Period, and the difference between the FMVs in the two Reports is less than four percent (4%) of the lower FMV, the FMV shall be the average of the FMVs in the two Reports. If the two Qualified Appraisers are unable to agree on the FMV within ten (10) days after the end of the Appraisal Period and the difference between the FMVs in the two Reports is greater than four percent (4%) of the lower FMV, then either of Buyer or Seller may send the other a written request (an “Independent Appraiser Request”) for the appointment of an independent Qualified Appraiser (the “Independent Appraiser”) to make such determination, and the cost of the Independent Appraiser shall be split by Buyer and Seller. The Buyer and Seller in consult...
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FMV DETERMINATION. 9 JOA - Exhibit "F"
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Related to FMV DETERMINATION

  • Expert Determination If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to a financial technical or other aspect of a technical nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation, then either Party may request (which request will not be unreasonably withheld or delayed) by written notice to the other that the Dispute is referred to an Expert for determination. The Expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) Working Days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the relevant professional body. The Expert shall act on the following basis: he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) Working Days of his appointment or as soon as reasonably practicable thereafter and the Parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; any amount payable by one Party to another as a result of the Expert's determination shall be due and payable within twenty (20) Working Days of the Expert's determination being notified to the Parties; the process shall be conducted in private and shall be confidential; and the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.

  • INDEPENDENT PRICE DETERMINATION 6.1 By signing and submitting this bid, the Bidder certifies that the prices in this bid have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor; unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder prior to bid opening directly or indirectly to any other Bidder or to any competitor; no attempt has been made, or will be made, by the Bidder to induce any person or firm to submit, or not to submit, a bid for the purpose of restricting competition.

  • Good Faith Determination The Company shall from time to time make the good faith determination whether or not it is practicable for the Company to obtain and maintain a policy or policies of insurance with reputable insurance companies providing the officers and directors of the Company with coverage for losses incurred in connection with their services to the Company or to ensure the Company’s performance of its indemnification obligations under this Agreement.

  • Challenge to Good Faith Determination Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the Holder, and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder and reasonably acceptable to the Company.

  • Company Determination Final Any determination that the Company or the Board of Directors must make pursuant to this Article is conclusive.

  • Board Determination The Board of Directors of Pubco has unanimously determined that the terms of the Exchange are fair to and in the best interests of Pubco and its shareholders.

  • Committee Determination Any adjustments or other action pursuant to this Section 4 shall be made by the Committee, and the Committee's determination as to what adjustments shall be made or actions taken, and the extent thereof, shall be final and binding.

  • Final Determination His/her determination is final unless, within ten (10) days after notification, a recognized employee organization requests in writing to meet and confer thereon.

  • Termination Date Determination Seller will not designate the Termination Date (as defined in the Receivables Sale Agreement), or send any written notice to Originator in respect thereof, without the prior written consent of the Agent, except with respect to the occurrence of such Termination Date arising pursuant to Section 5.1(d) of the Receivables Sale Agreement.

  • Eligibility Determination EOHHS will have sole authority for determining whether individuals or families meet any of the eligibility criteria and therefore are eligible to enroll in a Health Plan.

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