Resolution of Broker Deadlock. If the Brokers are unable to agree at least by majority on a determination of annual fair market rental value, then the brokers shall send a notice to Landlord and Tenant by the end of the thirty (30) day period for making said determination setting forth their individual determinations of annual fair market rental value, and the highest such determination and the lowest such determination shall be disregarded and the remaining determination shall be deemed to be the determination of annual fair market rental value and shall be referred to as the Prevailing Market Rent.
Resolution of Broker Deadlock. If the Brokers are unable by the expiration of such thirty (30) day period to agree at least by majority on a determination of annual fair market rental value, then the brokers designated by Landlord and Tenant shall submit their individual determinations of fair market rental value to the Third Broker within five (5) days after the expiration of such thirty (30) day period and the Third Broker shall select from these two individual determinations the one closest to the Third Broker’s own individual determination of fair market rental value, and the determination so selected shall constitute and be referred to as the Prevailing Market Rent.
Resolution of Broker Deadlock. If the Brokers are unable to agree at least by majority on a determination of Fair Market Rental Value, then the brokers shall send a notice to Landlord and Tenant by the end of the thirty (30) day period for making said determination setting forth their individual determinations of Fair Market Rental Value, and the highest such determination and the lowest such determination shall be disregarded and the remaining determination shall be deemed to be the Fair Market Rental Value.
Resolution of Broker Deadlock. If the Brokers are unable to agree at least by majority on a determination of annual fair market rental value, then Xxxxxxxx’s broker and Xxxxxx’s broker shall send a notice to the third broker with copies thereof to Landlord and Tenant by the end of the thirty (30) day period for making said determination setting forth their individual determinations of annual fair market rental value. The Prevailing Market Rent shall be determined solely by the third broker by selecting either the determination of Xxxxxxxx’s broker or Xxxxxx’s broker, whichever is closest to the third broker’s own calculation of Prevailing Market Rent. Exhibit G 00 Xxxxxxxx Xxxxxx - Fractyl (FINAL)
Resolution of Broker Deadlock. If the Brokers are unable to agree at least by majority on said determination, then the brokers shall send a notice to Landlord and Tenant by the end of the thirty (30) day period for making said determination setting forth their individual determinations of the Extension Annual Market Rent or the Expansion Annual Market Rent, as the case may be, and the highest such determination and the lowest such determination shall be disregarded and the remaining determination shall be deemed to be the determination of the Extension Annual Market Rent or the Expansion Annual Market Rent, as the case may be.
Resolution of Broker Deadlock. If the Brokers are unable to agree at least ----------------------------- by majority on
Resolution of Broker Deadlock. If the Brokers are unable to agree at least by majority on a determination of annual fair market rental value, then the brokers shall send a notice to Landlord and Tenant by the end of the thirty (30) day period for making said determination setting forth their individual determinations of annual fair market rental value, and the highest such determination and the lowest such determination shall be disregarded and the remaining determination shall be deemed to be the determination of annual fair market rental value and shall be referred to as the Prevailing Market Rent. Exhibit F S:\Legal\Lexington\33 Hayden Avenue\Leases\Dicerna Pharmaceuticals (g)
Resolution of Broker Deadlock. If the Brokers are unable to agree on ----------------------------- a determination of Prevailing Market Rent, then the brokers shall send a notice to Landlord and Tenant by the end of the thirty (30) day period for making said determination setting forth their individual determinations of Prevailing Market Rent. The Brokers then shall, within ten (10) days after such thirty (30) day period expires, jointly appoint an independent real estate broker or a consultant who also has at least the affiliation and experience referred to above and is not affiliated with either Landlord or Tenant (the "Arbiter"). The Brokers shall submit to the Arbiter their respective assessments of the Prevailing Market Rent, together with the supporting data that was used to calculate such assessments. Within twenty (20) days after the selection of the Arbiter, the Arbiter shall select the assessment which is closest to his/her determination of such Prevailing Market Rent, which assessment shall be the Base Rent for such Extended Term. The Arbiter's determination shall be binding on Landlord and Tenant and may be enforced by a court of competent jurisdiction.
Resolution of Broker Deadlock. If the three brokers are unable to agree at least by majority on a determination of the Prevailing Market Rent, then the brokers shall so advise Landlord and Tenant by written notice (the “Broker Deadlock Notice”). In such event, the two brokers appointed by Landlord and Tenant shall, within thirty (30) days after the Broker Deadlock Notice is delivered, each simultaneously deliver a notice to Landlord, Tenant, and the third broker setting forth the two appointed brokers’ respective final determinations of the Prevailing Market Rent. Within thirty (30) days thereafter, the third broker shall make the final determination of the Prevailing Market Rent by selecting either of the determinations of the Prevailing Market Rent made by the two appointed brokers, which shall then constitute the Prevailing Market Rent. The third broker making such final determination shall have no authority to make any determination other than as provided in the immediately preceding sentence.
