Referral to Surveyor. If the Landlord and the Tenant have not agreed the market rent by the Review Date in question, the determination of the market rent may at any time thereafter, at the instance of either party, be determined by the Surveyor (acting as an expert). Both parties shall be entitled to make written submissions to the Surveyor within but not later than 28 days from the date on which he accepts the appointment. The Surveyor shall have regard to such written submissions as may be timeously received and shall issue his decision as soon as practicable after the expiry of said 28 day period which decision shall be final and binding on the parties. If the Surveyor shall fail to determine the market rent within 3 calendar months from the date on which he accepts the appointment or if he shall relinquish his appointment or die or if it shall become apparent that for any reason he shall be unable or unwilling to complete his duties hereunder, then either party may apply to have the review determined by a substitute surveyor to be appointed in his place, on the same basis mutatis mutandis as the Surveyor, which procedure may be repeated as many times as necessary. The costs of such reference shall be in the award of the Surveyor and failing a determination on costs, such costs shall be met by the parties equally.
