Valuer Sample Clauses

Valuer. Any valuer we use is an independent contractor and not our agent or employee. We are not responsible for the acts or omissions of the valuer. The valuation obtained is for our use and benefit only. Even if we give you a copy, you may not rely on it or take any action against us based on it. If you wish to rely on it you will need to arrange this with the valuer.

Valuer. In the case of determination by a valuer: (a) the fees and expenses of the valuer including the cost of his appointment shall be borne as he shall decide or in the absence of any decision equally by the Landlord and the Tenant who shall otherwise each bear their own costs; (b) the valuer shall afford the Landlord and the Tenant an opportunity to make representations to him; and (c) if the valuer dies, delays or becomes unwilling or incapable of acting or if for any other reason the president for the time being of the Royal Institution of Chartered Surveyors or the person acting on his behalf thinks fit he may discharge the valuer and appoint another in his place.

Valuer. The market rent for the Premises is to be determined by a Valuer jointly appointed by the Landlord and the Tenant. If they do not agree on the Valuer to be jointly appointed within 14 days after the Dispute Notice is given, the Rent is to be determined by a Valuer appointed by the Chair of the API at the request of either the Landlord or the Tenant. A Valuer appointed under this clause is to act as an expert and not as an arbitrator. The Valuer’s charges are payable by the Landlord and the Tenant in equal shares. Either the Landlord or the Tenant may pay all the charges of the Valuer and recover half of those costs from the other party. Interim payments The Tenant must pay the Rent payable immediately prior to the Market Review Date until the amount of the market rent is agreed or determined in accordance with this clause 6. Any resulting adjustment is to be made from the Market Review Date. Market rent For the purposes of this clause 6, the market rent of the Premises is to be the best annual rent that can be reasonably obtained for the Premises at the Market Review Date, which is calculated: on the basis that the Premises are available for leasing with vacant possession by a willing landlord to a willing tenant for a term equal to the whole Term of this lease and any additional option for renewal; having regard to the Permitted Use; on the basis of the terms and conditions contained in this lease (other than the amount of Rent reserved, but including the provisions for rent review), including whether the Tenant is or is not obliged to reimburse any liability of the lessor for GST; on the basis that: the Premises are fit for immediate occupation and use by the tenant; the tenant’s lease covenants and obligations will have been fully performed at the Market Review Date; without taking into account: any improvements or fixtures erected or installed at the tenant’s expense which the tenant is permitted or required to remove at the termination of the lease, except for permanent structural improvements to the Premises installed at the tenant’s expense which the tenant is not permitted to remove at the termination of the lease, which will be taken into account; any goodwill attributable to the Premises through the Tenant’s Business; that the Tenant has been in occupation of the Premises; any relocation costs which would be incurred by the Tenant when moving to other premises; any lease incentive, concession or inducement paid, given or provided by the Landlord ...

Valuer. Each Valuer shall be a valuation expert working for an independent firm of internationally recognised chartered accountants, valuers and/or financial advisers in Hong Kong, as may be appointed by Overland or ADCT by no later than 15 days after the date of service of an Option Exercise Notice or Termination Event Notice (as applicable).

Valuer. 3 shall determine the fair market valuation of the Company, based on the valuation report prepared by the Valuer 1 and Valuer 2, within 45 (forty five) days from the date of its appointment by the Company.

Valuer. The two (2) Valuers appointed by the Principals and CVC Holdco shall appoint a third Valuer within ten (10) Business Days of the appointment of the second Valuer.

Valuer. The General Partner or any company it will appoint if necessary an external official valuation expert to carry on the valuations of any particular asset.

Valuer. A Valuer must be a chartered surveyor appointed jointly by the Landlord and the Tenant or (if either of them fails to concur in an appointment for ten Working Days after being asked by the other) a Valuer may be nominated at the request of either by the President for the time being of the Royal Institution of Chartered Surveyors. The Valuer must: act as an expert and not as an arbitrator; and consider written representations from the Landlord and the Tenant received within 15 Working Days of the Valuer’s appointment. The decision of the Valuer is final and binding on the parties to this lease except in the case of manifest error. The Valuer may be discharged and another appointed in replacement by the President of the Royal Institution of Chartered Surveyors if: the Valuer dies or becomes unwilling to act or incapable of acting; or the Valuer fails to make and publish a determination within six months of appointment (or a longer period agreed in writing by the Landlord and the Tenant); or for any reason the President of the Royal Institution of Chartered Surveyors thinks fit. The fees and expenses of the Valuer, including the costs of the Valuer’s appointment and any counsel’s fees or other fees incurred by the Valuer, are payable by the Landlord and the Tenant in the proportions that the Valuer directs (otherwise equally). If either party does not pay its share of the Valuer’s fees and expenses within ten Working Days after demand by the Valuer, then the other may pay instead and that amount will be a debt of the non-paying party due and payable on demand to the party that paid. The Landlord and the Tenant otherwise each bear their own costs in connection with a reference to the Valuer.

Valuer. Laurelcap, being the independent registered property valuer for the Proposed Acquisition, has given and has not subsequently withdrawn its written consent to the inclusion of its name, the Valuation Certificate and all references thereto in the form and context in which they appear in this Circular. Laurelcap is also not aware of any conflict of interests which exists or is likely to exist in its capacity as the independent registered property valuer to our Company for the Proposed Acquisition.