Third Appraiser. If the Fair Market Rent determined by the brokers is more than three percent (3%) apart, then the two brokers shall pick a third broker within ten (10) days after the two brokers have rendered their opinions of Fair Market Rent as provided above. If the two brokers are unable to agree on the third broker within said ten (10) day period, Landlord and Tenant shall mutually agree on the third broker within ten (10) days thereafter. If the parties do not agree on a third qualified broker within ten (10) days, then at the request of either Landlord or Tenant, such third broker shall be promptly appointed by the then Presiding Judge of the Superior Court of the State of California for the County where the Building is located. The third broker shall be a person who has not previously acted in such capacity for either party and must meet the qualifications stated above.
Third Appraiser. If the Fair Market Rent determined by the appraisers is more than five percent (5%) apart, then the two appraisers shall pick a third appraiser within ten (10) days after the two appraisers have rendered their opinions of Fair Market Rent as provided above. If the two appraisers are unable to agree on the third appraiser within said ten (10) day period, Landlord and Tenant shall mutually agree on the third appraiser within ten (10) days thereafter and if the parties fail to agree within said time period, then at the request of either Landlord or Tenant, such third appraiser shall be promptly appointed by the then Presiding Judge of the Superior Court of the State of California for the County where the Premises are located.. The third appraiser shall be a person who has not previously acted in any capacity for either party and must meet the qualifications stated above.
Third Appraiser. The third appraiser shall determine whether the parties shall use Landlord's or Tenant's last submitted (on the Outside Agreement Date) fair market determination, and shall notify Landlord and Tenant thereof. The determination of the third appraiser shall be limited solely to the issue of whether Landlord's or Tenant's last submitted (on the Outside Agreement Date) fair market determination is the closest to the actual fair market for such area as solely determined by the third appraiser, taking into account the requirements specified above. The decision of the third appraiser shall be final and binding upon Landlord and Tenant.
Third Appraiser. If the Fair Market Rent determined by the appraisers is more than five percent (5%) apart, then the two appraisers shall pick a third appraiser within ten (10) days after the two appraisers have rendered their opinions of Fair Market Rent as provided above. If the two appraisers are unable to agree on the third appraiser within said ten (10) day period, Landlord and Tenant shall mutually agree on the third appraiser within ten (10) days thereafter. If Landlord and Tenant fail to agree on a third appraiser within such time period, then either party may petition the Presiding Judge of the Superior Court of the County where the Building is located for the appointment of such third appraiser. The third appraiser shall be a person who has not previously acted in any capacity for either party and must meet the qualifications stated above.
Third Appraiser. If the Fair Market Rent determined by the appraisers is more than five percent (5%) apart, then the two appraiser shall pick a third appraiser within ten (10) days after the two appraisers have rendered their opinions of Fair Market Rent as provided above. If the two appraisers are unable to agree on the third appraiser within said ten (10) day period, Landlord and Tenant shall mutually agree on the third appraiser within then (10) days thereafter. The third appraiser shall be a person who has not previously acted in any capacity for either party and must meet the qualifications stated above.
Third Appraiser. If two (2) Appraisers have been appointed as provided in Paragraph 2(b)(iii) above, and the appointment of a third Appraiser is required under Paragraph 2(b)(iii) above, then the two (2) Appraisers shall designate a third Appraiser, who shall meet the qualifications described in Paragraph 2(b)(ii) above. If the two appointed Appraisers are unable to agree upon such third Appraiser within ten (10) days after the two Fair Market Rent determinations have been opened, either party may, by giving ten (10) days’ written notice to the other party, petition the Presiding Judge of the County in which the Premises are located to appoint a third Appraiser who meets the qualifications described in Paragraph 2(b)(ii) above. The third Appraiser, however selected, shall be a person who has not previously acted in any capacity for either party. The third Appraiser shall, within forty-five (45) days after his or her appointment, select the one (1) Fair Market Rent determination of one of the previously-appointed two (2) Appraisers that the third Appraiser determines is the more accurate determination of Fair Market Rent. During the forty-five (45) day period, the third Appraiser may conduct a hearing, at which Landlord, Tenant and their respective representatives may each make oral and/or supplemental written presentations, with an opportunity for questioning by the third Appraiser. The decision of the third Appraiser shall be final and binding on the parties and may be enforced in accordance with the provisions of California law. The third Appraiser shall have no right to determine, modify or impose Fair Market Rent other than as provided above. In the event of the failure, refusal or inability of an Appraiser to act, a successor shall be appointed in the manner that applied to the selection of the Appraiser being replaced.
Third Appraiser. Each Party agrees to execute, if requested by the Third Appraiser, an engagement letter with the Third Appraiser on terms customary and reasonable for engagements of the nature contemplated by this Article VI. The Parties may, upon mutual agreement, replace the Third Appraiser with a different appraisal firm. If the Third Appraiser decides to resign or is for any reason unable to carry out the appraisal of the Newco Assets in the time and manner contemplated hereby, the Parties agree to use their commercially reasonable efforts to designate a mutually acceptable appraisal firm to replace the Third Appraiser as soon as reasonably practicable after being notified of such resignation or becoming aware of such inability, and if the Parties cannot so agree within ten calendar days of such notice or awareness, then the Parties agree to instruct the Micron Appraiser and Tower Appraiser to jointly select a replacement appraisal firm. Any replacement appraisal firm selected pursuant to this Section 6.6 shall be deemed for all purposes thereafter to be the “Third Appraiser” hereunder.
Third Appraiser. If the Company and Buyer have failed to reach agreement on the Real Property Purchase Price for one or more of the unresolved Transferred Owned Branch Properties by the end of the Second Negotiation Period, then the two (2) Qualified MAI Appraisers noted above shall choose a third (3rd) Qualified MAI Appraiser (the “Third Appraiser”) and notify Company and Buyer of such choice within fifteen (15) days after the end of the Second Negotiation Period. Each party shall bear the cost of its appointed Qualified MAI Appraiser and shall share equally the cost of the Third Appraiser. Within thirty (30) days after the Third Appraiser is selected, such appraiser shall provide an appraisal for each unresolved Transferred Owned Branch Property and the value determined in such appraisal shall be used for the purpose of determining the Merger Consideration.
Third Appraiser. If the Fair Market Rent determined by the --------------- appraisers is more than five percent (5%) apart, then the two appraisers shall pick a third appraiser within ten (10) days after the two appraisers have rendered their opinions of Fair Market Rent as provided above. If the two appraisers are unable to agree on the third appraiser within said ten (10) day period, Landlord and Tenant shall mutually agree on the third appraiser within ten (10) days thereafter. If the parties do not agree on a third qualified appraiser within ten (10) days, then at the request of either Landlord or Tenant, such third appraiser shall be promptly appointed by the then Presiding Judge of the Superior Court of the State of California for the County of Santa Xxxxx. The third appraiser shall be a person who has not previously acted in any capacity for either party and must meet the qualifications stated above.
Third Appraiser. If the Appraisers are unable to agree upon the fair market value of the Interest within thirty (30) days after their appointment, they shall select and designate one Additional Appraiser for this purpose whose determination, which shall be made within thirty (30) days after the expiration of the immediately preceding thirty (30) days period, shall be binding on all parties.
