Resolution of Broker Deadlock Sample Clauses

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.
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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.
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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.
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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.
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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. 00 Xxxxxxxx Xxxxxx - Fractyl (FINAL)
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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.
Sample 1
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.
Sample 1
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Related to Resolution of Broker Deadlock

  • Resolution of Dispute Any dispute regarding this Agreement (including without limitation its validity, interpretation, performance, enforcement, termination and damages) shall be determined in accordance with the laws of the State of California, the United States of America. Any action under this paragraph shall not preclude any party hereto from seeking injunctive or other legal relief to which each party may be entitled.

  • Resolution of Disagreements Disputes arising under this Agreement will be resolved informally by discussions between Agency Points of Contact, or other officials designated by each agency.

  • Resolution of Differences Differences between the Employer and the Union as to the interpretation or application of the provisions of the Trust Agreement relating to employee benefits shall not be subject to the grievance or arbitration procedure established in any collective bargaining agreement. All such differences shall be resolved in the manner specified in the Trust Agreement.

  • Resolution of Disputes Any dispute or disagreement which may arise under, or as a result of, or in any way related to, the interpretation, construction or application of this Agreement shall be determined by the Committee. Any determination made hereunder shall be final, binding and conclusive on the Grantee and the Company for all purposes.

  • Resolution of Jointly Owned Parsonage Local Church and any other church with which it jointly owns a parsonage property must resolve the ownership of the parsonage by one party conveying its interest to the other by agreement (on any terms to which those parties may agree) or by process set out in the Discipline, or otherwise sell the parsonage and divide the proceeds on a pro-rata basis.

  • Governing Law; Resolution of Disputes This Agreement and the rights and obligations hereunder shall be governed by and construed in accordance with the laws of the State of Wisconsin. Any dispute arising out of this Agreement shall, at the Executive’s election, be determined by arbitration under the rules of the American Arbitration Association then in effect (in which case both parties shall be bound by the arbitration award) or by litigation. Whether the dispute is to be settled by arbitration or litigation, the venue for the arbitration or litigation shall be Milwaukee, Wisconsin or, at the Executive’s election, if the Executive is not then residing or working in the Milwaukee, Wisconsin metropolitan area, in the judicial district encompassing the city in which the Executive resides; provided, that, if the Executive is not then residing in the United States, the election of the Executive with respect to such venue shall be either Milwaukee, Wisconsin or in the judicial district encompassing that city in the United States among the thirty cities having the largest population (as determined by the most recent United States Census data available at the Termination Date) which is closest to the Executive’s residence. The parties consent to personal jurisdiction in each trial court in the selected venue having subject matter jurisdiction notwithstanding their residence or situs, and each party irrevocably consents to service of process in the manner provided hereunder for the giving of notices.

  • Informal Resolution of Disputes 10.5.1 Upon receipt by one Party of notice of a dispute by the other Party pursuant to Section 10.3 or Section 10.4.5, each Party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, form, frequency, duration, and conclusion of these discussions will be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative Dispute Resolution procedures such as mediation to assist in the negotiations. Discussions and the correspondence among the representatives for purposes of settlement are exempt from discovery and production and will not be admissible in the arbitration described below or in any lawsuit without the concurrence of both Parties. Documents identified in or provided with such communications that were not prepared for purposes of the negotiations are not so exempted, and, if otherwise admissible, may be admitted in evidence in the arbitration or lawsuit.

  • Deadlock Unless otherwise expressly set forth herein, in the event the Members are unable to reach agreement on or make a decision with respect to any matter on which the Members are entitled to vote, the matter shall be subject to the Internal Dispute Resolution Procedure described in Article 13 hereof.

  • Resolution Procedure a. Step 1 i. The complainant, if comfortable with that approach, may choose to speak to or correspond directly with the alleged harasser to express their feelings about the situation. ii. Before proceeding to Step 2, the complainant may approach their administrative officer, staff rep or other contact person to discuss potential means of resolving the complaint and to request assistance in resolving the matter. If the matter is resolved to the complainant's satisfaction the matter is deemed to be resolved. Refer to Article E.

  • Resolution of Claims The Company acknowledges that a settlement or other disposition short of final judgment may be successful on the merits or otherwise for purposes of Section 8(a)(i) if it permits a party to avoid expense, delay, distraction, disruption and uncertainty. In the event that any Claim relating to an Indemnifiable Event to which Indemnitee is a party is resolved in any manner other than by adverse judgment against Indemnitee (including, without limitation, settlement of such action, claim or proceeding with our without payment of money or other consideration) it shall be presumed that Indemnitee has been successful on the merits or otherwise for purposes of Section 8(a)(i). The Company shall have the burden of proof to overcome this presumption.

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