Landlords Proposal. Not later than one hundred twenty (120) days after Tenant has given valid notice of exercise of the applicable Extension Option, Landlord shall deliver to Tenant a good faith written proposal of the Prevailing Market Rate for the Premises for such Extension Term. At Tenants request, Landlord and Tenant shall meet to discuss the basis of Landlords proposed Prevailing Market Rate. Within forty five (45) days after receipt of Landlords proposal, Tenant shall notify Landlord in writing # that Tenant accepts Landlords proposal or # that Tenant elects to submit the determination of Prevailing Market Rate to arbitration in accordance with Paragraph 3.3.6. If Tenant does not give Landlord a timely notice in response to Landlords proposal, Landlords proposal of Prevailing Market Rate for the applicable Extension Term shall be binding upon Tenant.
LandlordWithin 10 days of Tenants Proposal. Not later than one hundred twenty (120) days after Tenant has given valid notice to Landlord of exercise of the applicable Extension Option, Landlordits election (or deemed election) to arbitrate Market Rate, each party shall deliver to Tenantthe other a good faith written proposal ofcontaining the Prevailing Market Rate that the submitting party believes to be correct (Extension Proposal). If either party fails to timely submit an Extension Proposal, the other partys submitted proposal shall determine the Base Rent for the Premises for such Extension Term. At Tenants request,If both parties submit Extension Proposals, then Landlord and Tenant shall meet within 7 days after delivery of the last Extension Proposal and make a good faith attempt to discussmutually appoint a single Arbitrator (and defined below) to determine the basis of Landlords proposed Prevailing Market Rate. Within forty five (45)If Landlord and Tenant are unable to agree upon a single Arbitrator, then each shall, by written notice delivered to the other within 10 days after receiptthe meeting, select an Arbitrator. If either party fails to timely give notice of Landlordits selection for an Arbitrator, the other partys proposal, Tenantsubmitted proposal shall notify Landlord in writing # that Tenant accepts Landlords proposal or # that Tenant elects to submitdetermine the determination of Prevailing Market Rate to arbitration in accordance with Paragraph 3.3.6. If Tenant does not give Landlord a timely notice in response to Landlords proposal, Landlords proposal of Prevailing Market RateBase Rent for the applicable Extension Term shall be binding upon Tenant.Term. The 2 Arbitrators so appointed
Landlords Proposal. Not later than one hundred twenty (120) days afterIf Tenant has given valid notice of exercise of the applicable Extension Option, Landlord shall deliver to Tenant a good faith written proposal of the Prevailing Market Rate for the Premises for such Extension Term. At Tenants request, Landlord and Tenant shall meet to discuss the basis of Landlords proposed Prevailing Market Rate. Within forty five (45) days after receipt of Landlords proposal, Tenant shall notify Landlord in writing # that Tenant accepts Landlords proposal or # that Tenanttimely elects to submit the determination of Prevailing Market Rate to arbitrationarbitration, Landlord and Tenant shall first negotiate in accordance with Paragraph 3.3.6.good faith in an attempt to determine the Prevailing Market Rate for the applicable Extension Term. If Landlord and Tenant does not giveare able to agree within thirty (30) days following the delivery of Tenants notice to Landlord electing arbitration, then such agreement shall constitute a timely notice in responsedetermination of Prevailing Market Rate for purposes of this Paragraph, and the parties shall immediately execute an amendment to Landlords proposal, Landlords proposalthis Lease stating the Prevailing Market Rate and the Base Rent for such Extension Term. If Landlord and Tenant are unable to agree on the Prevailing Market Rate within such negotiating period, then within fifteen (15) days after the expiration of such negotiating period, the parties shall meet and concurrently deliver to each other their respective written estimates of Prevailing Market Rate for the applicable Extension TermTerm, supported by the reasons therefor (each, a Determination). Landlords Determination may be more or less than its initial proposal of Prevailing Market Rate. If either party fails to deliver its Determination in a timely manner, then the Prevailing Market Rate shall be binding upon Tenant.the amount specified by the other party. The Prevailing Market Rate shall be determined as set forth below, each party being bound to its Determination and such Determinations establishing the only two choices available to the Arbitration Panel (as hereinafter defined).
LandlordWithin 10 days of Tenants Proposal. Not later than one hundred twenty (120) days after Tenant has given valid notice to Landlord of exercise of the applicable Extension Option, Landlordits election (or deemed election) to arbitrate Market Rate, each party shall deliver to Tenantthe other a good faith written proposal ofcontaining the Prevailing Market Rate that the submitting party believes to be correct (Extension Proposal). If either party fails to timely submit an Extension Proposal, the other partys submitted proposal shall determine the Base Rent for the Premises for such Extension Term. At Tenants request,If both parties submit Extension Proposals, then Landlord and Tenant shall meet within 7 days after delivery of the last Extension Proposal and make a good faith attempt to discussmutually appoint a single Arbitrator (and defined below) to determine the basis of Landlords proposed Prevailing Market Rate. Within forty five (45)If Landlord and Tenant are unable to agree upon a single Arbitrator, then each shall, by written notice delivered to the other within 10 days after receiptthe meeting, select an Arbitrator. If either party fails to timely give notice of Landlordits selection for an Arbitrator, the other partys proposal, Tenantsubmitted proposal shall notify Landlord in writing # that Tenant accepts Landlords proposal or # that Tenant elects to submitdetermine the determination of Prevailing Market Rate to arbitration in accordance with Paragraph 3.3.6. If Tenant does not give Landlord a timely notice in response to Landlords proposal, Landlords proposal of Prevailing Market RateBase Rent for the applicable Extension Term shall be bindingTerm. The 2 Arbitrators so appointed shall, within 5 business days after their appointment, appoint a third Arbitrator. If the 2 Arbitrators so selected cannot agree on the selection of the third Arbitrator within the time above specified, then either party, on behalf of both parties, may request such appointment of such third Arbitrator by application to any state court of general jurisdiction in the jurisdiction in which the Premises are located, upon Tenant.10 days prior written notice to the other party of such intent.
LandlordWithin 10 days of Tenants Proposal. Not later than one hundred twenty (120) days after Tenant has given valid notice to Landlord of exercise of the applicable Extension Option, Landlordits election (or deemed election) to arbitrate Market Rate and escalations, each party shall deliver to Tenantthe other a good faith written proposal ofcontaining the Prevailing Market Rate and escalations that the submitting party believes to be correct (Extension Proposal). If either party fails to timely submit an Extension Proposal, the other partys submitted proposal shall determine the Base Rent and escalations for the Premises for such Extension Term. At Tenants request,If both parties submit Extension Proposals, then Landlord and Tenant shall meet to discuss the basis of Landlords proposed Prevailing Market Rate. Within forty five (45)within 7 days after receiptdelivery of Landlords proposal, Tenant shall notify Landlord in writing # that Tenant accepts Landlords proposal or # that Tenant electsthe last Extension Proposal and make a good faith attempt to submitmutually appoint a single Arbitrator (and defined below) to determine the determination of Prevailing Market Rate and escalations. If Landlord and Tenant are unable to arbitration in accordance with Paragraph 3.3.6.agree upon a single Arbitrator, then each shall, by written notice delivered to the other within 10 days after the meeting, select an Arbitrator. If Tenant does noteither party fails to timely give Landlord a timely notice in response to Landlordof its selection for an Arbitrator, the other partys proposal, Landlordssubmitted proposal of Prevailing Market Rateshall determine the Base Rent for the applicable Extension Term shall be bindingTerm. The 2 Arbitrators so appointed shall, within 5 business days after their appointment, appoint a third Arbitrator. If the 2 Arbitrators so selected cannot agree on the selection of the third Arbitrator within the time above specified, then either party, on behalf of both parties, may request such appointment of such third Arbitrator by application to any state court of general jurisdiction in the jurisdiction in which the Premises are located, upon Tenant.10 days prior written notice to the other party of such intent.
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