Common use of Selection of Appraisers Clause in Contracts

Selection of Appraisers. If Landlord and Tenant are unable to agree on the Initial Base Rent for the Extended Term within the thirty (30) day period, then within ten (10) days after the expiration of the thirty (30) day period and provided that Tenant has timely exercised the subject renewal option in accordance with Paragraph 31.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 market area to appraise the fair market rental value of the Premises and set the Initial Base Rent during said Extended Term. If either Landlord or Tenant does not appoint an appraiser within said ten (10) days, the single appraiser appointed shall be the sole appraiser and shall set the Initial Base Rent during said Extended Term. If two (2) appraisers are appointed by Landlord and Tenant as stated herein, they shall meet promptly and attempt to set the Initial Base Rent for said 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) days after the last day the two (2) appraisers are given to set the Initial 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 of Santa Clarx Xxxnty or to the Presiding Judge of the Superior Court of Santa Clarx Xxxnty, 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

Selection of Appraisers. If Landlord and Tenant are unable to agree on the Initial Base Rent (including any periodic adjustments) for the subject Extended Term within the thirty (30) day period, then within ten (10) days after the expiration of the thirty (30) day period and provided that Tenant has timely exercised the subject renewal option in accordance with Paragraph 31.bP.31.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 Silicon Valley market area to appraise the fair market rental value of the Premises and set the Initial Base Rent (including periodic adjustments) during said Extended Term. If either Landlord or Tenant does not appoint an appraiser within said ten (10) days, the single appraiser appointed shall be the sole appraiser and shall set the Initial Base Rent (including periodic adjustments) during said Extended Term. If two (2) appraisers are appointed by Landlord and Tenant as stated herein, they shall meet promptly and attempt to set the Initial Base Rent for said 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) days after the last day the two (2) appraisers are given to set the Initial Base RentRent (including periodic adjustments). 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 of Santa Clarx Xxxnty or to the Presiding Judge of the Superior Court of Santa Clarx Xxxntythe County in which the Premises are located, for the selection of a third appraiser who meets the qualifications stated herein. Landlord and Tenant each shall bear one-half (1/2-1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. TheThe 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. If Landlord Lessor and Tenant Lessee are unable to agree on the Initial Base Rent for the Extended Extension Term within the thirty sixty (3060) day period, then within ten (10) days after the expiration of the thirty sixty (3060) day period period, Lessor and provided that Tenant has timely exercised the subject renewal option in accordance with Paragraph 31.b.Lessee each, 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-years' full time commercial appraisal experience in the market geographical area of the Building to appraise the fair market rental value of the Premises and set the Initial Base Rent during said Extended the Extension Term. If either Landlord Lessor or Tenant Lessee does not appoint an appraiser within said ten (10) daysdays after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the Initial Base Rent during said Extended the Extension Term. If two (2) appraisers are appointed by Landlord Lessor and Tenant Lessee as stated hereinin this paragraph, they shall meet promptly and attempt to set the Initial Base Rent for said Extended during the Extension 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 stated in this paragraph within ten (10) days after the last day the two (2) appraisers are given to set the Initial Base Rent. If they are unable to agree on the third appraiser, either Landlord Lessor or TenantLessee, by giving ten (10) days' notice to the other party, can apply to the then President president of the Real Estate Board real estate board of Santa Clarx Xxxnty the county in which the Building is located, or to the Presiding Judge of the Superior Court of Santa Clarx Xxxntythe county in which the Building is located, for the selection of a third appraiser who meets the qualifications stated hereinin this paragraph. Landlord Lessor and Tenant Lessee each shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. TheThe third appraiser, however selected, shall be a person who has not previously acted in any capacity for either Lessor or Lessee.

Selection of Appraisers. If Landlord and Tenant are unable to ------------------------ agree on the Initial Base Rent for the Extended Extension Term within the thirty (30) day period, then within ten fifteen (1015) days after the expiration of the thirty (30) day period and provided that Tenant has timely exercised the subject renewal option in accordance with Paragraph 31.b.period, Landlord and Tenant each 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-full- time commercial appraisal experience in the market area Mountain View to appraise the fair market rental value of the Premises and set the Initial Base Rent during said Extended the Extension Term. If either Landlord or Tenant does not appoint an appraiser within said ten (10) daysdays after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the Initial Base Rent during said Extended the Extension Term. If two (2) appraisers are appointed by Landlord and Tenant as stated hereinin this section, they shall meet promptly and attempt to set the Initial Base Rent for said Extended the Extension 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 stated in this section within ten (10) days after the last day the two (2) appraisers are given to set the Initial 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 president of the Real Estate Board real estate board of Santa Clarx Xxxnty Xxxxx County, or to the Presiding Judge of the Superior Court of Santa Clarx XxxntyXxxxx County for, for the selection of a third appraiser who meets the qualifications stated hereinin this section. Landlord and Tenant each shall bear one-half (1/2l/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. TheThe third appraiser, however selected, shall be a person who has not previously acted in any capacity for either Landlord or Tenant.

Selection of Appraisers. If Landlord and Tenant are unable to agree on as to the amount of the Initial Base Fair Market Rent for the Extended Term and Average Annual Percentage within the thirty aforementioned fifteen (3015) day periodperiod as evidenced by a written amendment to this Lease executed by them, then then, within ten (10) days 10)days after the expiration of the thirty fifteen (3015) day period and provided that Tenant has timely exercised the subject renewal option in accordance with Paragraph 31.b.period, Landlord and Tenant each shall each, at its own sole cost and by giving notice to the other party, shall appoint a competent and disinterested real estate appraiser with membership in the Appraisal Institute and M.A.I. designation and with at least five (5) years years’ full-time commercial appraisal experience in the market area Menlo Park and Palo Alto areas to appraise the fair market rental value of the Premises and set determine the Initial Base Fair Market Rent during said Extended Termand Average Annual Percentage. If either Landlord or Tenant does not appoint an appraiser within said ten (10) daysdays after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set determine the Initial Base Fair Market Rent during said Extended Termand Average Annual Percentage. If two (2) appraisers are appointed by Landlord and Tenant as stated herein, they shall meet promptly and attempt to set the Initial Base Rent for said Extended Term. If the in this Section appoint two (2) appraisers are unable to agree within thirty (30) days after the second appraiser has been appointedappraisers, they shall attempt to select a third appraiser meeting the same qualifications stated in this Section within ten (10) days after the last day the two (2) appraisers are given to set the Initial Base Rentdays. 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 president of the Real Estate Board real estate board of Santa Clarx Xxxnty the county in which the Building is located, or to the Presiding Judge of the Superior Court of Santa Clarx Xxxntythe county in which the Building is located, for the selection of a third appraiser who meets the qualifications stated hereinin this paragraph. 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 ’s fee. TheThe third appraiser, however selected, shall be a person who has not previously acted in any capacity for either Landlord or Tenant.

Selection of Appraisers. If Landlord Lessor and Tenant Lessee are unable to agree on the Initial ----------------------- Base Rent for the Extended Extension Term within the thirty sixty (3060) day period, then within ten (10) days after the expiration of the thirty sixty (3060) day period period, Lessor and provided that Tenant has timely exercised the subject renewal option in accordance with Paragraph 31.b.Lessee each, 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 years' full-time commercial appraisal experience in the market geographical area of the Building to appraise the fair market rental value of the Premises and set the Initial Base Rent during said Extended the Extension Term. If either Landlord Lessor or Tenant Lessee does not appoint an appraiser within said ten (10) daysdays after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the Initial Base Rent during said Extended the Extension Term. If two (2) appraisers are appointed by Landlord Lessor and Tenant Lessee as stated hereinin this paragraph, they shall meet promptly and attempt to set the Initial Base Rent for said Extended during the Extension 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 stated in this paragraph within ten (10) days after the last day the two (2) appraisers are given to set the Initial Base Rent. If they are unable to agree on the third appraiser, either Landlord Lessor or TenantLessee, by giving ten (10) days' notice to the other party, can apply to the then President president of the Real Estate Board real estate board of Santa Clarx Xxxnty the county in which the Building is located, or to the Presiding Judge of the Superior Court of Santa Clarx Xxxntythe county in which the Building is located, for the selection of a third appraiser who meets the qualifications stated hereinin this paragraph. Landlord Lessor and Tenant Lessee each shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. TheThe third appraiser, however selected, shall be a person who has not previously acted in any capacity for either Lessor or Lessee.

Selection of Appraisers. If Landlord and Tenant are unable to agree on the the. Initial Base Rent for the Extended Term within the thirty (30) day period, then within ten (10) days after the expiration of the thirty (30) day period and provided that Tenant has timely exercised the subject renewal option in accordance with Paragraph 31.b(P)31.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 market area to appraise the fair market rental value of the Premises and set the the. Initial Base Rent during said Extended Term. If either Landlord or Tenant does not appoint an appraiser within said ten (10) days, the single appraiser appointed shall be the sole appraiser and shall set the Initial initial Base Rent during said Extended Term. If two (2) appraisers are appointed by Landlord and Tenant as stated herein, they shall meet promptly and attempt to set the Initial Base Rent for said 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) days after the last day the two (2) appraisers are given to set the Initial 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 of Santa Clarx Xxxnty Xxxxx County or to the Presiding Judge of the Superior Court of Santa Clarx XxxntyXxxxx County, 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. TheThe 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. If Landlord Lessor and Tenant Lessee are unable to agree on the Initial Base Rent for the Extended Extension Term within the thirty sixty (3060) day period, then within ten (10) days after the expiration of the thirty sixty (3060) day period period, Lessor and provided that Tenant has timely exercised the subject renewal option in accordance with Paragraph 31.b.Lessee each, 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 years' full-time commercial appraisal experience in the market geographical area of the Building to appraise the fair market rental value of the Premises and set the Initial Base Rent during said Extended the Extension Term. If either Landlord Lessor or Tenant Lessee does not appoint an appraiser within said ten (10) daysdays after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the Initial Base Rent during said Extended the Extension Term. If two (2) appraisers are appointed by Landlord Lessor and Tenant Lessee as stated hereinin this paragraph, they shall meet promptly and attempt to set the Initial Base Rent for said Extended during the Extension 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 stated in this paragraph within ten (10) days after the last day the two (2) appraisers are given to set the Initial Base Rent. If they are unable to agree on the third appraiser, either Landlord Lessor or TenantLessee, by giving ten (10) days' notice to the other party, can apply to the then President president of the Real Estate Board real estate board of Santa Clarx Xxxnty the county in which the Building is located, or to the Presiding Judge of the Superior Court of Santa Clarx Xxxntythe county in which the Building is located, for the selection of a third appraiser who meets the qualifications stated hereinin this paragraph. Landlord Lessor and Tenant Lessee each shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. TheThe third appraiser, however selected, shall be a person who has not previously acted in any capacity for either Lessor or Lessee.

Selection of Appraisers. If Landlord and Tenant are unable to agree on the Initial Base Fair Market Rent for the Extended Term within the aforementioned thirty (30) day periodperiod as evidenced by a written amendment to this Lease executed by them, then then, within ten (10) days after the expiration of the thirty (30) day period and provided that Tenant has timely exercised the subject renewal option in accordance with Paragraph 31.b.period, Landlord and Tenant each 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 years' full-time commercial appraisal experience in the market geographical area of the Property or a broker with at least five (5) years' brokerage experience in the geographical area of the Property (each is hereinafter referred to as an "appraiser") to appraise the fair market rental value of the Premises and set the Initial monthly Base Rent during said Extended the Extension Term. If either Landlord or Tenant does not appoint an appraiser within said ten (10) daysdays after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the Initial monthly Base Rent during said Extended the Extension Term. If two (2) appraisers are appointed by Landlord and Tenant as stated hereinin this Section, they shall meet promptly and attempt to set the Initial monthly Base Rent for said Extended the Extension 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 stated in this Section within ten (10) days after the last day the two (2) appraisers are given to set the Initial monthly 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 president of the Real Estate Board real estate board of Santa Clarx Xxxnty the county in which the Property is located, or to the Presiding Judge of the Superior Court of Santa Clarx Xxxntythe county in which the Property is located, for the selection of a third appraiser who meets the qualifications stated hereinin this paragraph. 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. TheThe third appraiser, however selected, shall be a person who has not previously acted in any capacity for either Landlord or Tenant.

Selection of Appraisers. If Landlord and Tenant are unable to agree on the Initial Base Rent for the Extended Extension Term within the thirty (30) day period, then within ten (10) days after the expiration of the thirty (30) day period and provided that Tenant has timely exercised the subject renewal option in accordance with Paragraph 31.b.period, Landlord and Tenant each each, at its own cost and by giving notice to the other partyother, shall appoint a competent and disinterested real estate appraiser with at least five (5) years years' full-time commercial appraisal experience in the market geographical area of the Building to appraise the fair market rental value of the Premises and set the Initial Base Rent during said Extended the Extension Term. If either Landlord or Tenant does not appoint an appraiser within said ten (10) daysdays after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the Initial Base Rent during said Extended the Extension Term. If two (2) appraisers are appointed by Landlord and Tenant Txxxxx as stated hereinin this Section, they shall meet promptly and attempt to set the Initial Base Rent for said Extended the Extension 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 stated in this Section within ten (10) days after the last day the two (2) appraisers are given to set the Initial Base Rent. If they are unable to agree on the a third appraiser, either Landlord or Tenant, by giving ten (10) days' notice to the other partyother, can apply to the then President president of the Real Estate Board real estate board of Santa Clarx Xxxnty Sonoma County, or to the Presiding presiding Judge of the Superior Court of Santa Clarx XxxntySonoma County, for the selection of a the third appraiser who meets the qualifications stated hereinin this Section. 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. TheThe third appraiser, however selected, shall be a person who has not previously acted in any capacity for either Landlord or Tenant.

Selection of Appraisers. If Landlord and Tenant are unable to agree on as to the Initial Base Fair Market Rent for the Extended Term within the aforementioned thirty (30) day periodperiod as evidenced by a written amendment to the Lease executed by them, then then, within ten (10) days after the expiration of the thirty (30) day period and provided that Tenant has timely exercised the subject renewal option in accordance with Paragraph 31.b.period, Landlord and Tenant each each, at its own cost and by giving notice to the other party, shall appoint a competent and disinterested real estate appraiser with membership in the Appraisal Institute and M.A. I. designation and with at least five (5) years years' full-time commercial appraisal experience in the market Fremont area to appraise the fair market rental value of the Premises and set the Initial monthly Base Rent during said Extended the Extension Term. If either Landlord or Tenant does not appoint an appraiser within said ten (10) daysdays after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the Initial monthly Base Rent during said Extended the Extension Term. If two (2) appraisers are appointed by Landlord and Tenant as Tenaxx xx stated herein, they shall meet promptly and attempt to set the Initial Base Rent for said Extended Term. If the two (2) appraisers are unable to agree within thirty (30) days after the second appraiser has been appointedin this Section, they shall attempt to select a third appraiser meeting the same qualifications stated in this Section within ten (10) days after the last day the two (2) appraisers are given to set the Initial Base Rentdays. 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 president of the Real Estate Board real estate board of Santa Clarx Xxxnty the county in which the Buildings are located, or to the Presiding Judge of the Superior Court of Santa Clarx Xxxntythe county in which the Buildings are located, 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. Thethe

Selection of Appraisers. If Landlord and Tenant are unable to agree on the Initial Base Rent (including any periodic adjustments) for the subject Extended Term within the thirty (30) day period, then within ten (10) days after the expiration of the thirty (30) day period and provided that Tenant has timely exercised the subject renewal option in accordance with Paragraph 31.b(P)31.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-full- time commercial appraisal experience in the Silicon Valley market area to appraise the fair market rental value of the Premises and set the Initial Base Rent (including periodic adjustments) during said Extended Term. If either Landlord or Tenant does not appoint an appraiser within said ten (10) days, the single appraiser appointed shall be the sole appraiser and shall set the Initial Base Rent (including periodic adjustments) during said Extended Term. If two (2) appraisers are appointed by Landlord and Tenant as stated herein, they shall meet promptly and attempt to set the Initial Base Rent for said 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) days after the last day the two (2) appraisers are given to set the Initial Base RentRent (including periodic adjustments). 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 of Santa Clarx Xxxnty or to the Presiding Judge of the Superior Court of Santa Clarx Xxxntythe County in which the Premises are located, 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. TheThe 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. If Landlord and Tenant are unable to agree on the Initial Base Rent (including any periodic adjustments) for the subject Extended Term within the thirty (30) day period, then within ten (10) days after the expiration of the thirty (30) day period and provided that Tenant has timely exercised the subject renewal option in accordance with Paragraph 31.b.as set forth above, 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 Marin County market area to appraise the fair market rental value of the Premises and set the Initial initial Base Rent during said Extended Term. If either Landlord or Tenant does not appoint an appraiser within said ten (1020) days, the single appraiser appointed shall be the sole appraiser and shall set the Initial Base Rent during said Extended Term. If two (2) appraisers are appointed by Landlord and Tenant as stated herein, they shall meet promptly and attempt to set the Initial Base Rent for said 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 (1020) days after the last day the two (2) appraisers are given to set the Initial 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 of Santa Clarx Xxxnty or to the Presiding Judge of the Superior Court of Santa Clarx Xxxntythe county in which the Premises are located, 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. TheThe 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. If Landlord and Tenant are unable to agree on the Initial Base Rent for the Extended Term within the thirty (30) day period, then within ten (10) days after the expiration of the thirty (30) day period and provided that Tenant has timely exercised the subject renewal option in accordance with Paragraph 31.b(P)32.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 Bel Marin Keys area of Novato California market area to appraise the fair market rental value of the Premises and set the Initial Base Rent during said the Extended Term. If either Landlord or Tenant does not appoint an appraiser within said ten (10) days, the single appraiser appointed shall be the sole appraiser and shall set the Initial Base Rent during said the Extended Term. If two (2) appraisers are appointed by Landlord and Tenant as stated herein, they shall meet promptly and attempt to set the Initial Base Rent for said Extended Extender 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) days after the last day the two (2) appraisers are given to set the Initial 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 of Santa Clarx Xxxnty Board. or to the Presiding Judge of the Superior Court of Santa Clarx Xxxnty, the County in which the Premises are located 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. TheThe 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. If Landlord and Tenant are unable to agree on as to the Initial Base Fair Market Rent for the Extended Term within the thirty aforementioned fifteen (3015) day periodperiod as evidenced by a written amendment to the Lease executed by them, then then, within ten (10) days after the expiration of the thirty fifteen (3015) day period and provided that Tenant has timely exercised the subject renewal option in accordance with Paragraph 31.b.period, Landlord and Tenant each each, at its own cost and by giving notice to the other party, shall appoint a competent and disinterested real estate appraiser with membership in the Appraisal Institute and M.A. I. designation and with at least five (5) years years' full-time commercial appraisal experience in the market Fremont area to appraise the fair market rental value of the Premises and set the Initial monthly Base Rent during said Extended the Extension Term. If either Landlord or Tenant does not appoint an appraiser within said ten (10) daysdays after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the Initial monthly Base Rent during said Extended the Extension Term. If two (2) appraisers are appointed by Landlord and Tenant Xxxxxx as stated herein, they shall meet promptly and attempt to set the Initial Base Rent for said Extended Term. If the two (2) appraisers are unable to agree within thirty (30) days after the second appraiser has been appointedin this Section, they shall attempt to select a third appraiser meeting the same qualifications stated in this Section within ten (10) days after the last day the two (2) appraisers are given to set the Initial Base Rentdays. 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 president of the Real Estate Board real estate board of Santa Clarx Xxxnty the county in which the Building is located, or to the Presiding Judge of the Superior Court of Santa Clarx Xxxntythe county in which the Building is located, for the selection of a third appraiser who meets the qualifications stated hereinin this paragraph. 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. TheThe third appraiser, however selected, shall be a person who has not previously acted in any capacity for either Landlord or Tenant.

Selection of Appraisers. If Landlord and Tenant are unable to agree on the Initial Base Rent for the 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 Paragraph 31.b¶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 Fair Market Rental Value of the Premises and set the Initial Base Rent during said 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 Initial Base Rent during said 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 Initial Base Rent for said 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 Initial 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 of Santa Clarx Xxxnty or to the Presiding Judge of the Superior Court of the County of Santa Clarx XxxntyCxxxx, for the selection of a third appraiser who meets the qualifications stated herein. Landlord and Tenant each shall bear one-half (1/2½) of the cost of appointing the third appraiser and of paying the third appraiser's ’s fee. TheThe 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. If Landlord and Tenant are unable ----------------------- to agree on the Initial Base Rent for the Extended Extension Term within the thirty (30) day period, then within ten fifteen (1015) days after the expiration of the thirty (30) day period and provided that Tenant has timely exercised the subject renewal option in accordance with Paragraph 31.b.period, Landlord and Tenant each 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 area in which the market area Premises is located to appraise the fair market rental value of the Premises and set the Initial Base Rent during said Extended the Extension Term. If either Landlord or Tenant does not appoint an appraiser within said ten (10) daysdays after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the Initial Base Rent during said Extended the Extension Term. If two (2) appraisers are appointed by Landlord and Tenant as stated hereinin this section, they shall meet promptly and attempt to set the Initial Base Rent for said Extended the Extension 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 stated in this section within ten (10) days after the last day the two (2) appraisers are given to set the Initial 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 president of the Real Estate Board real estate board of Santa Clarx Xxxnty Xxxxx County, or to the Presiding Judge of the Superior Court of Santa Clarx XxxntyXxxxx County for, for the selection of a third appraiser who meets the qualifications stated hereinin this section. 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. TheThe third appraiser, however selected, shall be a person who has not previously acted in any capacity for either Landlord or Tenant.

Selection of Appraisers. If Landlord and Tenant are unable to agree on the Initial Base Rent for the Extended Extension Term within the thirty (30) day period, then within ten fifteen (1015) days after the expiration of the thirty (30) day period and provided that Tenant has timely exercised the subject renewal option in accordance with Paragraph 31.b.period, Landlord and Tenant each 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 area in which the market area Premises is located to appraise the fair market rental value of the Premises and set the Initial Base Rent during said Extended the Extension Term. If either Landlord or Tenant does not appoint an appraiser within said ten (10) daysdays after the other party has given notice of the name of its appraiser, the single appraiser appointed shall be the sole appraiser and shall set the Initial Base Rent during said Extended the Extension Term. If two (2) appraisers are appointed by Landlord and Tenant as stated hereinin this section, they shall meet promptly and attempt to set the Initial Base Rent for said Extended the Extension 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 stated in this section within ten (10) days after the last day the two (2) appraisers are given to set the Initial 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 president of the Real Estate Board real estate board of Santa Clarx Xxxnty County, or to the Presiding Judge of the Superior Court of Santa Clarx XxxntyXxxnty for, for the selection of a third appraiser who meets the qualifications stated hereinin this section. Landlord and Tenant tenant each shall bear one-half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. TheThe third appraiser, however selected, shall be a person who has not previously acted in any capacity for either Landlord or Tenant.

Selection of Appraisers. If Landlord and Tenant are unable to agree on the Initial Base Rent for the Extended Term within the thirty (30) day period, then within ten (10) days after the expiration of the thirty (30) day period and provided that Tenant has timely exercised the subject renewal option in accordance with Paragraph 31.bpar30.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 market area to appraise the fair market rental value of the Premises and set the Initial Base Rent during said Extended Term. If either Landlord or Tenant does not appoint an appraiser within said ten (10) days, the single appraiser appointed shall be the sole appraiser and shall set the Initial Base Rent during said Extended Term. If two (2) appraisers are appointed by Landlord and Tenant as stated herein, they shall meet promptly and attempt to set the Initial Base Rent for said 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) days after the last day the two (2) appraisers are given to set the Initial 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 of Santa Clarx Xxxnty Xxxxx County or to the Presiding Judge of the Superior Court of Santa Clarx XxxntyXxxxx County, for the selection of a third appraiser who meets the qualifications stated herein. Landlord and Tenant each shall bear one-one- half (1/2) of the cost of appointing the third appraiser and of paying the third appraiser's fee. TheThe third appraiser, however selected, shall be a person who has not previously acted in any capacity for either Landlord or Tenant, or their affiliates.