Common use of Initial Selection of Appraisers; Appraiser’s Agreement as to Value Clause in Contracts

Initial Selection of Appraisers; Appraiser’s Agreement as to Value. After having failed to reach a written agreement upon Fair Market Value as described in the second paragraph of this Exhibit, either party may deliver a notice to the other demanding the appointment of appraisers (the “First Appraisal Notice”) pursuant to this Exhibit. In such event:

Appears in 6 contracts

Samples: Purchase Agreement (NetApp, Inc.), Purchase Agreement (NetApp, Inc.), Purchase Agreement (Network Appliance Inc)

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Initial Selection of Appraisers; Appraiser’s Agreement as to Value. After having failed to reach a written agreement upon Fair Market Value as described in the second paragraph of this Exhibit, either party may deliver a notice to the other demanding the appointment of appraisers (the “First Initial Appraisal Notice”) pursuant to this Exhibit. In such event:

Appears in 3 contracts

Samples: Agreement Regarding Purchase and Remarketing Options (Lam Research Corp), Agreement Regarding Purchase and Remarketing (Lam Research Corp), Agreement Regarding Purchase and Remarketing Options (Lam Research Corp)

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