Common use of Selection of and Procedures for Third Appraiser Clause in Contracts

Selection of and Procedures for Third Appraiser. If the Higher Value is more than 110% of the Lower Value, within seven days thereafter the RCN-Sub Appraiser and the BecoCom Appraiser shall agree upon and jointly designate a third Appraiser (the "Third Appraiser"). If the RCN-Sub Appraiser and the BecoCom Appraiser cannot agree upon a Third Appraiser within seven days, the Third Appraiser shall be chosen by the American Arbitration Association in Boston, Massachusetts. The RCN-Sub Appraiser and BecoCom Appraiser shall direct the Third Appraiser to determine the Fair Market Value of the Minority Member's Interest (the "Third Value") in accordance with the provisions of subparagraph (ii) above, and to deliver to both RCN-Sub and BecoCom an Appraiser's Certificate on or before the 30th day after the designation of such Appraiser hereunder. The Third Appraiser will be directed to comply with the provisions of this Section 2, and to that end of the parties will provide to the Third Appraiser a complete and correct copy of this Section 2 (and the definitions of capitalized terms used in this Section 2 that are defined elsewhere in this Agreement).

Selection of and Procedures for Third Appraiser. If the Higher Value is more than 110% of the Lower Value, within seven days thereafter the RCN-Sub First Appraiser and the BecoCom Second Appraiser shall agree upon and jointly designate a third Appraiser (the "Third Appraiser"), by written notice to each Member. If the RCN-Sub First Appraiser and the BecoCom Second Appraiser cannot agree upon a Third Appraiser within seven days, the Third Appraiser shall be chosen by the American Arbitration Association ("AAA") in Boston, Massachusetts. The RCN-Sub First Appraiser and BecoCom the Second Appraiser shall direct the Third Appraiser to determine the Fair Market Value of the Minority Selling Member's Interest (the "Third Value") in accordance with the provisions of subparagraph (ii) above, and to deliver to both RCN-Sub and BecoCom the Members an Appraiser's Certificate on or before the 30th day after the designation of such Appraiser hereunder. The Third Appraiser will be directed to comply with the provisions of this Section 23.3, and to that end each of the parties will provide to the Third Appraiser a complete and correct copy of this Section 2 3.3 (and the definitions of capitalized terms used in this Section 2 3.3 that are defined elsewhere in this Agreement).

Selection of and Procedures for Third Appraiser. If the Higher Value is more than 110% of the Lower Value, within seven days thereafter the RCN-Sub First Appraiser and the BecoCom Second Appraiser shall agree upon and jointly designate a third Appraiser (the "“Third Appraiser"”), by written notice to each participating Member. If the RCN-Sub First Appraiser and the BecoCom Second Appraiser cannot agree upon a Third Appraiser within seven days, the Third Appraiser shall be chosen by the American Arbitration Association (“AAA”) in Boston, Massachusetts. The RCN-Sub First Appraiser and BecoCom the Second Appraiser shall direct the Third Appraiser to determine the Fair Market Value of the Minority Selling Member's ’s Interest (the "“Third Value"”) in accordance with the provisions of subparagraph (ii) above, and to deliver to both RCN-Sub and BecoCom the participating Members an Appraiser's ’s Certificate on or before the 30th day after the designation of such Appraiser hereunder. The Third Appraiser will be directed to comply with the provisions of this Section 23.3, and to that end each of the parties will provide to the Third Appraiser a complete and correct copy of this Section 2 3.3 (and the definitions of capitalized terms used in this Section 2 3.3 that are defined elsewhere in this Agreement).