Common use of Functions of the Surveyor Clause in Contracts

Functions of the Surveyor. The Surveyor shall: (a) determine the Open Market Rent in accordance with the terms of this schedule; (b) act as an expert and not as an arbitrator so that his determination(s) shall be final and conclusive between the Lessor and the Lessee; (c) when acting as an expert invite the Lessor and the Lessee to submit to him, within such time limits (not being less than 15 working days) as he shall consider appropriate, a valuation accompanied if desired, by a statement of reasons and such representations as to the amount of the Open Market Rent with such supporting evidence as they may respectively wish; (d) be entitled to have access to the Leasehold Area for the purposes of inspecting and examining it as often as he may require; and (e) within sixty (60) days of his appointment, or within such extended period as the Lessor and the Lessee shall jointly agree in writing, give to each of them written notice of the amount of the Open Market Rent as determined by him.