Common use of Impartial Appraisal Clause in Contracts

Impartial Appraisal. Within thirty (30) days after its appointment, the third appraiser shall render its written opinion of the Fair Market Rent for the applicable Extension Period (“Third Opinion”). If the fair market rent set forth in the Third Opinion is equidistant from the fair market rent determination of Landlord’s and Tenant’s appraiser, then the fair market rent contained in the Third Opinion shall be the Base Monthly Rent during the applicable Extension Period. If the fair market rent of the Third Opinion is not equidistant from the fair market rent made by Landlord’s and Tenant’s appraiser, then the two closest fair market determinations made by Landlord’s appraiser, Tenant’s appraiser and the Third Opinion shall be average and such average shall be the Base Monthly Rent during the applicable Extension Period. The fair market rent determined in accordance with the foregoing procedure shall be binding on the parties.

Appears in 2 contracts

Samples: Lease (Neophotonics Corp), Lease (Neophotonics Corp)

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Impartial Appraisal. Within thirty (30) days after its appointment, the third appraiser shall render its written opinion of the Fair Market Rent for the applicable Extension Period ("Third Opinion"). If the fair market rent set forth in the Third Opinion is equidistant from the fair market rent determination of Landlord’s 's and Tenant’s 's appraiser, then the fair market rent contained in the Third Opinion shall be the Base Monthly Rent during the applicable Extension Period. If the fair market rent of the Third Opinion is not equidistant from the fair market rent made by Landlord’s 's and Tenant’s 's appraiser, then the two closest fair market determinations made by Landlord’s 's appraiser, Tenant’s 's appraiser and the Third Opinion shall be average and such average shall be the Base Monthly Rent during the applicable Extension Period. The fair market rent determined in accordance with the foregoing procedure shall be binding on the parties.

Appears in 1 contract

Samples: Building Lease Agreement (Drexler Technology Corp)

Impartial Appraisal. Within thirty twenty (3020) days after its appointment, the third appraiser shall render its written opinion of the Fair Market Rent for the applicable Extension Period (“Third Opinion”). If the fair market rent set forth in the Third Opinion is equidistant from the fair market rent determination of Landlord’s and Tenant’s appraiser, then the fair market rent contained in the Third Opinion shall be the Base Monthly Rent during the applicable Extension Period. If the fair market rent of the Third Opinion is not equidistant from the fair market rent made by Landlord’s and Tenant’s appraiser, then the two closest fair market determinations made by Landlord’s appraiser, Tenant’s appraiser and the Third Opinion shall be average and such average shall be the Base Monthly Rent during the applicable Extension Period. The fair market rent determined in accordance with the foregoing procedure shall be binding on the parties.

Appears in 1 contract

Samples: Acceptance Agreement (Omnicell Inc /Ca/)

Impartial Appraisal. Within thirty (30) days after its ------------------- appointment, the third appraiser shall render its written opinion of the Fair Market Rent for the applicable Extension Period ("Third Opinion"). If the fair market rent Fair Market Rent set forth in the Third Opinion is equidistant from the fair market rent Fair Market Rent determination of Landlord’s 's and Tenant’s 's appraiser, then the fair market rent Fair Market Rent contained in the Third Opinion shall be the Base Minimum Monthly Rent during the applicable Extension Period. If the fair market rent Fair Market Rent of the Third Opinion is not equidistant from the fair market rent Fair Market Rent made by Landlord’s 's and Tenant’s 's appraiser, then the two closest fair market determinations made by Landlord’s 's appraiser, Tenant’s 's appraiser and the Third Opinion shall be average and such average shall be the Base Minimum Monthly Rent during the applicable Extension Period. The fair market rent Fair Market Rent determined in accordance with the foregoing procedure shall be binding on the parties.

Appears in 1 contract

Samples: Office Lease (Blaze Software Inc)

Impartial Appraisal. Within thirty (30) days after its appointment, the third appraiser shall render its written opinion of the Fair Market Rent for the applicable Extension Period (“Third Opinion”). If the fair market rent set forth in the Third Opinion is equidistant from the fair market rent determination of Landlord’s and Tenant’s appraiser, then the fair market rent contained in the Third Opinion shall be the Base Monthly Fair Market Rent during the applicable Extension Period. If the fair market rent of the Third Opinion is not equidistant from the fair market rent made by Landlord’s and Tenant’s appraiser, then the two closest fair market determinations made by Landlord’s appraiser, Tenant’s appraiser and the Third Opinion shall be average averaged and such average shall be the Base Monthly Fair Market Rent during the applicable Extension Period. The fair market rent Fair Market Rent determined in accordance with the foregoing procedure shall be binding on the parties.

Appears in 1 contract

Samples: Acceptance Agreement (Electroglas Inc)

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Impartial Appraisal. Within thirty (30) days after its appointment, the third appraiser shall render its written opinion of the Fair Market Rent for the applicable Extension Period (“Third Opinion”). If the fair market rent set forth in the Third Opinion is equidistant from the fair market rent determination of Landlord’s and Tenant’s appraiser, then the fair market rent contained in the Third Opinion shall be the Base Monthly Rent during the applicable Extension Period. If the fair market rent of the Third Opinion is not equidistant from the fair market rent made by Landlord’s and Tenant’s appraiser, then the two closest fair market determinations made by Landlord’s appraiser, Tenant’s appraiser and the Third Opinion shall be average and such average shall be the Base Monthly Rent during the applicable Extension Period. The fair market rent determined in accordance with the foregoing procedure shall be binding on the parties.

Appears in 1 contract

Samples: Nassda Corp

Impartial Appraisal. Within thirty (30) days after its appointment, the third appraiser shall render its written opinion of the Fair Market Rent for the applicable Extension Period Term (“Third Opinion”). If the fair market rent set forth in the Third Opinion is equidistant from the fair market rent determination of Landlord’s and Tenant’s appraiser, then the fair market rent contained in the Third Opinion shall be the Base Monthly Rent during the applicable Extension PeriodTerm. If the fair market rent of the Third Opinion is not equidistant from the fair market rent made by Landlord’s and Tenant’s appraiser, then the two closest fair market determinations made by Landlord’s appraiser, Tenant’s appraiser and the Third Opinion shall be average and such average shall be the Base Monthly Rent during the applicable Extension PeriodTerm. The fair market rent determined in accordance with the foregoing procedure shall be binding on the parties.

Appears in 1 contract

Samples: By and Between (American Science & Engineering Inc)

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