Procedure for Determining Second Expansion FMRV Sample Clauses

Procedure for Determining Second Expansion FMRV. For purposes of determining the Second Expansion FMRV, the following procedure shall apply: XIX.4.2.1 [Intentionally Deleted.] XIX.4.2.2 Within 15 Business Days after Tenant's receipt of Landlord's Second Expansion Space Availability Notice, Tenant shall give Landlord written notice ("Tenant's Second Expansion Response Notice") electing either (a) to accept the Second Expansion FMRV set forth in Landlord's Second Expansion Space Availability Notice, in which case the Second Expansion FMRV shall be the Second Expansion FMRV set forth in Landlord's Second Expansion Space Availability Notice, or (b) not to accept Landlord's determination of the Second Expansion FMRV, in which case (i) Tenant's Second Expansion Response shall set forth Tenant's estimate of what the Second Expansion FMRV would be for the Second Expansion Space and (ii) Landlord and Tenant shall endeavor to agree upon the Second Expansion FMRV on or before the date that is 15 days after Landlord's receipt of Tenant's Second Expansion Response Notice. If Landlord and Tenant are unable to agree upon the Second Expansion FMRV within such 15-day period, then the Second Expansion FMRV shall be determined by arbitration pursuant to Section 16.21. If Tenant fails to deliver Tenant's Second Expansion Response Notice within the 15-day period following its receipt of Landlord's Second Expansion Space Availability Notice, Tenant shall be conclusively deemed to have accepted Landlord's determination of the Second Expansion FMRV as set forth in Landlord's Second Expansion Space Availability Notice. XIX.4.2.3 In the event that the Second Expansion FMRV is determined in accordance with arbitration pursuant to Section 16.21 to be the Second Expansion FMRV set forth in Landlord's Second Expansion Space Availability Notice, then Tenant shall have the right to rescind Tenant's Second Expansion Notice given in accordance with Section 19.1.2; provided that, no later than 10 days after such determination, Tenant provides written notice ("Tenant's Second Expansion Rescission Notice") to Landlord exercising the aforesaid recision right. In the event Tenant timely delivers Tenant's Second Expansion Rescission Notice to Landlord, time being of the essence, then Tenant shall be deemed not to have timely delivered the Second Expansion Notice pursuant to the provisions of this Article XIX, and the terms and provisions of Section 19.9 shall thereafter apply.
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Related to Procedure for Determining Second Expansion FMRV

  • Procedure for Closing If Buyer shall not timely elect to terminate this Contract under Section 13.2 above, or if the loss, damage or condemnation is not substantial, Seller agrees to pay to Buyer at the Closing all insurance proceeds or condemnation awards which Seller has received as a result of the same, plus an amount equal to the insurance deductible, and assign to Buyer all insurance proceeds and condemnation awards payable as a result of the same, in which event the Closing shall occur without Seller replacing or repairing such damage. In the case of damage or casualty, at Buyer’s election, Seller shall repair and restore the Property to its condition immediately prior to such damage or casualty and shall assign to Buyer all excess insurance proceeds.

  • Additional Wet Weather Procedure 14.15.1 Remaining On Site a) for more than an accumulated total of four hours of ordinary time in any one day; or b) after the meal break, as provided for in clause 17.1 of the Award, for more than an accumulated total of 50% of the normal afternoon work time; or c) during the final two hours of the normal work day for more than an accumulated total of one hour, the Enterprise will not be entitled to require the employees to remain on site beyond the expiration of any of the above circumstances.

  • Procedure for Offer Subject to the terms hereof, Landlord shall notify Tenant (the “First Offer Notice”) prior to entering into any lease with a third party for the First Offer Space, which notice shall outline the base rent, allowance amounts if any, length of term, and other economic terms on which Landlord would be willing to lease the First Offer Space (as set forth in such proposal) to Tenant (the “Fundamental Terms”). Pursuant to such First Offer Notice, Landlord shall offer to lease to Tenant the applicable First Offer Space on the Fundamental Terms.

  • PROCEDURE FOR APPROVAL OF SETTLEMENT Acceptance of this Settlement Agreement shall be sought at a hearing of the Central Regional Council of the MFDA on a date agreed to by counsel for Staff and the Respondent.

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