Selection of Appraisers. If the General Partner and the Affected Limited Partner are unable to agree to the Fair Market Value of the Affected Interest within twenty (20) days after the delivery of the applicable Exercise Notice, the General Partner and the Affected Limited Partner shall each designate and engage a Qualified Appraiser to provide within thirty (30) days following his engagement a written appraisal of such Fair Market Value. Such two (2) Qualified Appraisers shall promptly select a third Qualified Appraiser (the “Designated Appraiser”) who shall be engaged to select one (1) of such two (2) appraisals which he determines to reflect more accurately the Fair Market Value of the Affected Interest and to provide prompt written notice of such selection to the General Partner and the Affected Limited Partner. The appraisal selected by the Designated Appraiser shall constitute the conclusive and binding determination of the Fair Market Value of the Affected Interest. The Partnership and the Affected Limited Partner shall each bear half of the costs incurred to engage and compensate the Qualified Appraisers for services rendered pursuant to this Article X.
Selection of Appraisers. If Landlord and Tenant are unable to agree on the Base Rent for that Extended Term within the thirty (30) day period, then within ten (10) business days after the expiration of the thirty (30) day period and provided that Tenant has timely exercised the subject renewal option in accordance with ¶ 29.b., Landlord and Tenant each at its own cost and by giving notice to the other party, shall appoint a competent and disinterested real estate appraiser with at least five (5) years full-time commercial appraisal experience in the Milpitas, California, market area to appraise the Fair Market Rental Value of the Premises and set the Base Rent for that Extended Term. If either Landlord or Tenant does not appoint an appraiser within said ten (10) business days, the single appraiser appointed shall be the sole appraiser and shall set the Base Rent during that Extended Term. If two (2) appraisers are appointed by Landlord and Tenant as stated herein, they shall meet promptly and attempt to set the Base Rent for that Extended Term. If the two (2) appraisers are unable to agree within thirty (30) days after the second appraiser has been appointed, they shall attempt to select a third appraiser meeting the same qualifications within ten (10) business days after the last day the two (2) appraisers are given to set the Base Rent. If they are unable to agree on the third appraiser, either Landlord or Tenant, by giving ten (10) days’ notice to the other party, can apply to the then President of the Real Estate Board or to the Presiding Judge of the Superior Court of the County of Santa Cxxxx, for the selection of a third appraiser who meets the qualifications stated herein. Landlord and Tenant each shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser’s fee. The third appraiser, however selected, shall be a person who has not previously acted in any capacity for either Landlord or Tenant, or their affiliates.
Selection of Appraisers. The PARTIES shall discuss in good faith and attempt to agree upon an investment banking or appraisal firm of recognized national standing familiar with appraisal techniques (the Xxxxxxx-MGH License Agreement, Execution Version “Appraiser”) within fifteen (15) days after the failure to reach agreement in accordance with the terms of clause (b) above. If the PARTIES are unable to agree on a single Appraiser within such fifteen day period, then each PARTY shall, within fifteen (15) additional days, designate by written notice to the other an investment banking or appraisal firm of recognized national standing familiar with appraisal techniques, and the firms designated by the PARTIES shall agree upon and jointly designate, by written notice to each PARTY, a third investment banking or appraisal firm of recognized national standing familiar with appraisal techniques who shall be the Appraiser.
Selection of Appraisers. The Partner requesting an appraisal pursuant to Section 11.1 above (hereinafter referred to as the “Submitting Partner”) shall, in its notice to the other Partner (hereinafter referred to as the “Receiving Partner”) state (i) with respect to an Event of Default, that it elects to have the fair market value of the Defaulting Partner‟s interest in the Partnership determined by the appraisal procedures set forth herein and the name of its appraiser, or (ii) with respect to a Withdrawal Event, that the fair market value of the Ownership Interest is to be determined by the appraisal procedures set forth herein and the name of its appraiser. Within ten (10) days after its receipt of such notice from the Submitting Partner, the Receiving Partner shall notify the Submitting Partner of the name of the Receiving Partner‟s appraiser. Upon appointment, the two appraisers shall agree to determine faithfully, fairly and within forty-five days (45) day of the appointment of the second appraiser the fair market value of the Property. The two appraisers shall afford the Submitting Partner and the Receiving Partner the right to submit evidence with respect to such fair market value and shall, with all possible speed, make their respective determinations in writing and give notice thereof to the Submitting Partner and the Receiving Partner. If the higher of the two appraisals determined by the two appraisers exceeds the lower appraisal by less than five percent (5%), the average of the fair market values so determined shall be controlling and shall be binding upon the Submitting Partner and the Receiving Partner. If the higher of the two appraisals exceeds the lower appraisal by more than five percent (5%), the appraisers, within ten (10) days after both of the appraisers have made their determinations, shall appoint in writing a third appraiser and give written notice of such appointment to the Submitting Partner and the Receiving Partner. If the two appraisers shall fail to appoint or agree upon a third appraiser within the 10- day period, a third appraiser shall be selected by the Submitting Partner and the Receiving Partner if they so agree upon such third appraiser within a further period of ten (10) days. If any appraiser shall not be appointed or agreed upon within the time herein provided, either the Submitting Partner or the Receiving Partner may apply to the appropriate court of the State of Texas for the appointment of such appraiser. The third appraiser shall be ...
Selection of Appraisers. Each of Vodafone and Xxxx Atlantic shall ----------------------- designate by written notice to the other an internationally recognized investment banking firm to serve as an Appraiser pursuant to this Section 5.2 (the firms designated by Vodafone and Xxxx Atlantic being referred to herein as the "Vodafone Appraiser" and the "Xxxx Atlantic Appraiser," respectively) within five business days after the failure to reach agreement in accordance with the terms of Section 5(a)(ii)(B) above. In the event that either Vodafone or Xxxx Atlantic fails to designate its Appraiser within the foregoing time period, the other shall have the right to designate such Appraiser by notifying the failing party in writing of such designation (and the Appraiser so designated shall be the Vodafone Appraiser or the Xxxx Atlantic Appraiser, as the case may be).
Selection of Appraisers. If Tenant notifies Landlord that Tenant disagrees with Landlord’s determination of the Minimum Annual Rent for the Extension Term and that Tenant elects to determine the Fair Market Value Rent, then Landlord and Tenant shall, within ten (10) days after Landlord’s receipt of said notice, each select an appraiser to determine the Fair Market Value Rent for the Leased Premises. Each appraiser so selected shall be either an MAI appraiser or a licensed real estate broker, each having at least ten years prior experience in the appraisal or leasing of comparable space in the metropolitan area in which the Leased Premises are located and with a working knowledge of current rental rates and practices.
Selection of Appraisers. ATI and USW each shall designate by written notice to WMC and the other a firm of recognized national standing familiar with appraisal techniques applicable to the determination of the Appraisal Number of ATI Shares (as defined below) to serve as an Appraiser pursuant to this Section 1.3 (the firms designated by ATI and USW being referred to herein as the "ATI Appraiser" and the "USW Appraiser," respectively) within 30 business days after the failure to reach mutual agreement referred to in paragraph (a) above. In the event that either ATI or USW fails to designate its Appraiser within the foregoing time period, the other shall have the right to designate such Appraiser by notifying the failing party in writing of such designation (and the Appraiser so designated shall be the ATI Appraiser or the USW Appraiser, as the case may be).
Selection of Appraisers. The Member selling the Selling Member's Interest, on the one hand, and the purchasing Members, on the other hand, each shall designate by written notice to the Company and each other Member a firm of recognized national standing familiar with appraisal techniques applicable to assets of the type being evaluated to serve as an appraiser (an "Appraiser") pursuant to this Section 3.3 (the firms designated by the Members being referred to herein as "First Appraiser" and the "Second Appraiser," respectively) within 15 business days after the failure to reach agreement in accordance with the terms of clause (1) above. In the event that either Appraiser is not designated within the foregoing time period, the other Appraiser will serve as the only Appraiser, and its appraisal will be binding on all Members for purposes of this Section 3.3.
Selection of Appraisers. Each of RCN-Sub and BecoCom shall designate by written notice to the Company and each other a firm of recognized national standing familiar with appraisal techniques applicable to assets of the type being evaluated to serve as an appraiser (an "Appraiser") pursuant to this Section 2 (the firms designated by RCN-Sub and BecoCom being referred to herein as "RCN-Sub Appraiser" and the "BecoCom Appraiser," respectively) within five business days after the failure to reach agreement in accordance with the terms of this paragraph (c). In the event that either Appraiser is not designated within the foregoing time period, the other Appraiser will serve as the only Appraiser, and its appraisal will be binding on both RCN-Sub and BecoCom for purposes of this paragraph (c).
Selection of Appraisers. Each of (A) the Partner who is either contributing an asset to the Partnership, receiving an asset from the Partnership or transferring an asset which is being valued hereunder (or, if there is no such Partner, the ATI RP) (the "Asset Partner") and (B) the other Representative Partners shall designate by written notice to the Partnership and each Representative Partner a firm of recognized national standing familiar with appraisal techniques applicable to assets of the type being evaluated to serve as an Appraiser pursuant to this Section 4.10 (the firms designated by the Asset Partner and the other Representative Partners being referred to herein as the "First Appraiser" and the "Second Appraiser," respectively) within five business days after the failure to reach agreement in accordance with the terms of clause (a) above. In the event that either the Asset Partner or the other Representative Partners fail to designate its or their Appraiser within the foregoing time period, the other shall have the right to designate such Appraiser by notifying the failing party or parties in writing of such designation (and the Appraiser so designated shall be the First Appraiser or the Second Appraiser, as the case may be).
