Step Four – Final Resolution Clause Samples

Step Four – Final Resolution. If, within one hundred eighty (180) days following the expiration of the Negotiation Period, the Parties are still unable to resolve their differences on FMV, then the FMV for the Hospital Assets shall be deemed to be the average of the two appraisals which are closest in amount (resolving the differences between the three appraisals by averaging the two most closely aligned, rather than averaging all three, removes the impact of one appraisal that is a clear outlier). The Parties agree that the appraisal process set forth in this Exhibit is the sole and exclusive process pursuant to which the FMV of the Hospital Assets shall be determined, and neither shall seek a remedy under any other provision of this Lease or at law unless the other Party has failed to comply with the requirements of this Exhibit.