Qualified Appraiser Clause Samples

Qualified Appraiser. The Lender will use an appraiser that is properly licensed or certified, as appropriate, to make residential real estate appraisals in accordance with the criteria set forth by the Appraiser Qualification Board (AQB) of the Appraisal Founda- tion regardless of the amount of the loan. Appraisers may not discriminate against any person in making or per- forming appraisal services because of race, color, familial status, religion, sex, age, disability, or national origin.

Qualified Appraiser. The third (3rd) appraisal should be provided to MAC within sixty (60) days of the appointment. The average of the two closest appraisals will be deemed the amount of Compensation to be paid with respect to the Improvements (the “Final Appraisal”) and the remaining appraisal will be disregarded. The Final Appraisal will be the amount of Compensation that MAC must pay with respect to the Improvements. If either MAC or ▇▇▇▇▇▇ believes that the other party or the Qualified Appraisers failed to properly apply the provisions of this Section 16, either MAC or Tenant may seek judicial review. The scope of judicial review will be limited to the question of whether the parties and the Qualified Appraisers complied with the provisions of this Section 16, and MAC and Tenant waive any further right to judicial or administrative review.

Qualified Appraiser. An appraiser, duly appointed by the Seller or the Originator, who had no interest, direct or indirect, in the Mortgaged Property or in any loan made on the security thereof, and whose compensation was not affected by the approval or disapproval of the Mortgage Loan, and such appraiser and the appraisal made by such appraiser both satisfied the requirements of Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 and the regulations promulgated thereunder, all as in effect on the date the Mortgage Loan was originated.

Qualified Appraiser. An appraiser of a Mortgaged Property duly appointed by the originator of the related Mortgage Loan, who had no interest, direct or indirect, in such Mortgaged Property or in any loan made on the security thereof, whose compensation is not affected by the approval or disapproval of the related Mortgage Loan and who met the minimum qualifications of FNMA or FHLMC.

Qualified Appraiser. If they fail to agree on a third appraiser within ten (10) days after their individual determination of the fair market rental value, either party may apply to the courts for the county in which the Premises are located, requesting the appointment of a the third neutral M.A.I.-qualified appraiser. The third appraiser shall promptly determine the fair market rental value of the Premises subject to the required adjustments described above. The parties shall then take the average of the two appraisals that are closest in value, which shall then constitute the fair market rental value; provided, however, that Tenant may be excused from the obligation to construct the Pro Shop Space if the value will result in a net loss to Tenant on its anticipated investment or actual investment, as Tenant can reasonably demonstrate. Landlord may also elect not to proceed with the Pro Shop Space Lease if the results of any determination of fair market rent are not reasonably acceptable to Landlord. In that event, Landlord may construct its own Pro Shop Space elsewhere on Landlord’s property, but Tenant shall permit Landlord’s Golf Course invitees and guests ingress and egress through the hotel. Subject to said exception, the third appraiser’s determination shall be final, conclusive and binding upon both parties; and Base Rent shall be set accordingly for the term, with an appropriate escalation for the term. Each party shall pay the fees and expenses for its own appraiser. In the event a third appraiser must be appointed, his or her fees and expenses shall be borne equally by the parties. During the first ten (10) years of the Pro Shop Space Lease, Landlord shall have an option to purchase the Improvements referred to herein as the Pro Shop Space, provided the same can be done in compliance with any applicable land use and zoning laws, , the Pro Shop Space may be converted into a condominium form of ownership to facilitate Landlord’s purchase of the Pro Shop Space by the Landlord, which may include any necessary easements for ingress and egress to the Pro Shop Space as reasonably required for access to and from the Pro Shop Space to any public street or to the Golf Course. The purchase price will be at a price and terms to be mutually agreed to by the Parties (provided, however, that if Landlord and Tenant cannot agree on the purchase price for the Pro Shop Space, then such purchase price may at either party’s election be determined by arbitration in accordance with the same...

Qualified Appraiser. An appraiser having a national reputation qualified to appraise cable television channels in the United States, or interests therein, and reputable in his, her or its field, and who is not affiliated with the Company, any Partner, or the assets of any of them or their Affiliates.

Qualified Appraiser. An appraiser, duly appointed by the Seller, who had no interest, direct or indirect, in the Mortgaged Property or in any loan made on the security thereof, and whose compensation was not affected by the approval or disapproval of the Mortgage Loan, and such appraiser and the appraisal made by such appraiser both satisfied the requirements of ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as amended and in effect from time to time, and the regulations promulgated thereunder, all as in effect on the date the Mortgage Loan was originated.

Qualified Appraiser. The term “

Qualified Appraiser. An investment banking firm of nationally recognized standing with experience in valuing businesses of the type then engaged in by United.