Common use of Manner of Determination Clause in Contracts

Manner of Determination. 5.1 The Surveyor will act as an arbitrator in accordance with the Arbitration Act ▇▇▇▇ ▇▇ (if the Landlord so elects by notice in writing) an expert. 5.2 The Surveyor shall not start acting until his appointment has been approved by the Superior Landlord. 5.3 The Surveyor shall be a partner or director in a practice of Chartered Surveyors and he shall have experience in valuing properties similar to the Demised Premises. 5.4 If the Surveyor acts as an arbitrator, the decision of the Surveyor shall be final and binding on the parties. 5.5 If the Surveyor acts as an expert, the Surveyor shall afford each of the parties an opportunity to make written representations and cross-representations to him. 5.6 The costs of the reference shall be in the award of the Surveyor whose decision shall be final and binding on the Landlord and the Tenant and, failing such award, the costs shall be borne by the Landlord and the Tenant in equal shares. 5.7 If one party upon publication of the award of the Surveyor shall pay all the Surveyor’s fees and expenses, such party shall be entitled to recover on demand such proportion as the Surveyor shall award against the other party.

Manner of Determination. 5.1 The Surveyor will act as an arbitrator in accordance with the Arbitration Act A▇▇ ▇▇▇▇ ▇▇ or (if the Landlord so elects by notice in writing) an expert. 5.2 The Surveyor shall not start acting until his appointment has been approved by the Superior Landlord. 5.3 The Surveyor shall be a partner or director in a practice of Chartered Surveyors and he shall have experience in valuing properties similar to the Demised Premises. 5.4 If the Surveyor acts as an arbitrator, the decision of the Surveyor shall be final and binding on the parties. 5.5 If the Surveyor acts as an expert, the Surveyor shall afford each of the parties an opportunity to make written representations and cross-representations to him. 5.6 The costs of the reference shall be in the award of the Surveyor whose decision shall be final and binding on the Landlord and the Tenant and, failing such award, the costs shall be borne by the Landlord and the Tenant in equal shares. 5.7 If one party upon publication of the award of the Surveyor shall pay all the Surveyor’s fees and expenses, such party shall be entitled to recover on demand such proportion as the Surveyor shall award against the other party.