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 the difference between the two determinations is more than ten percent (10%) of the higher determination, then the Third Appraiser shall select one of the two determinations as the Fair Market Rent pursuant to this Section 8.c.iv no later than 140 days after the Notice Date.
Third Appraiser. See Section 8.c.i.B.
Third Appraiser. In the event the parties have failed to execute such an agreement by said date, then the two (2) MAI Appraisers shall choose a third (3rd)
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.
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.
