Common use of Determination by the Review Surveyor Clause in Contracts

Determination by the Review Surveyor. 3.1 The Open Market Rent may be agreed in writing between the Landlord and the Tenant at any time but if the Landlord and the Tenant have not agreed the Open Market Rent three months prior to the Review Date then: (a) either party may require that it be determined by the Review Surveyor; (b) in default of agreement between the Landlord and the Tenant as to the identity of the Review Surveyor either party may apply to the President of the Royal Institution of Chartered Surveyors or his nominee for the appointment of the Review Surveyor. 3.2 The Review Surveyor will act as an arbitrator in accordance with the Arbitration ▇▇▇ ▇▇▇▇ unless prior to his appointment as an arbitrator the Landlord and the Tenant agree in writing that he should be appointed as an expert. 3.3 If the Review Surveyor acts as an expert: (a) he will give both parties the opportunity to make representations to him before making his determination and will have due regard to those representations (but he will not he bound to take them into account in reaching his decision); (b) he will be entitled to order that the costs of the determination be borne by the parties in whatever proportions he may prescribe and if no order is made they will be borne equally and the parties will otherwise bear their own costs; and (c) his determination will be final and binding (save as to questions of law or in case of manifest error). 3.4 In any event: (a) if requested by either party in writing the Review Surveyor will be bound to provide detailed reasons for his determination; (b) if either party falls to pay any sums in respect of the Review Surveyors costs of the determination then the other party may make such payment and will be entitled to recover the cost from the first party on demand; and (c) if the Review Surveyor dies or becomes unwilling to act or incapable of acting for any reason or fails to act with reasonable expedition another surveyor will be appointed in his place in a like manner and this process may be repeated as many times as necessary.

Determination by the Review Surveyor. 3.1 The Open Market Rent may be agreed in writing between the Landlord and the Tenant at any time but if the Landlord and the Tenant have not agreed the Open Market Rent three months prior to the Review Date then: (a) either party may require that it be determined by the Review Surveyor; (b) in default of agreement between the Landlord and the Tenant as to the identity of the Review Surveyor either party may apply to the President of the Royal Institution of Chartered Surveyors or his nominee for the appointment of the Review Surveyor. 3.2 The Review Surveyor will act as an arbitrator in accordance with the Arbitration ▇▇▇ ▇▇▇▇ Act 1996 unless prior to his appointment as an arbitrator the Landlord and the Tenant agree in writing that he should be appointed as an expert. 3.3 If the Review Surveyor acts as an expert: (a) he will give both parties the opportunity to make representations to him before making his determination and will have due regard to those representations (but he will not he bound to take them into account in reaching his decision); (b) he will be entitled to order that the costs of the determination be borne by the parties in whatever proportions he may prescribe and if no order is made they will be borne equally and the parties will otherwise bear their own costs; and (c) his determination will be final and binding (save as to questions of law or in case of manifest error). 3.4 In any event: (a) if requested by either party in writing the Review Surveyor will be bound to provide detailed reasons for his determination; (b) if either party falls to pay any sums in respect of the Review Surveyors costs of the determination then the other party may make such payment and will be entitled to recover the cost from the first party on demand; and (c) if the Review Surveyor dies or becomes unwilling to act or incapable of acting for any reason or fails to act with reasonable expedition another surveyor will be appointed in his place in a like manner and this process may be repeated as many times as necessary.