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EXHIBIT 1B <br />Schedule"J-3" <br />Delevndnina FMRR, <br />For puposes o f determining the FMRR, the following procedure shall apply: <br />I IrTenam duly exercises nny Extension Option and duly rejeels Lindlod's determination (in its Markel Rent Notice ortre FMRR for the <br />Extension, then Landlord and Tenant shell endeavor to agree upon the FMRR for the Extension Term on or before the Outside Agreement Date <br />(defined below)• i f Landlonl and Tanont ore unable to agree upon the FMRR for the Extension Tenn on or before the Outside Agreement Date, then <br />Vila FMRR fertile Extension Term shell be determined by arbitration pursuant to Section 2 orthis Schedule "J.3'l The "Outside Agreement Date" <br />weans the dale tlel is ten (10) business days after the date that Terenl notifies Landlord, in his Markel Rent Response Notice that Tenant has rillected <br />Landlord's initial delerrnlnatinn grille FMRR f'or die Extension Tenn, <br />2 If Landlord and Tenant shell fail to agree upon the FMRR for the Extension Term on or before the applicable Outside Agreement Date, <br />then Willis ten (10) business days thereafter, each of Landlord and Tenant shall submit to the other its final determination of the FMRR for the <br />Extension Teeth and such Cold determinations shall be sobmifted to arbitration (as Tenant's and Landlord's "Submitted FMRR," respectively) in <br />necorch nco with the following: <br />2.1 Landlord and Tenant shall each appoint one arbltrafor who shall by profession be a real estate broker who shall have been active <br />In die leasing orthe Project gild the Comparable Buildings over the five (5) year period ending on the date of such appointment. The determination <br />of the arbitrators shall be limited solely to the issue as to whether Landlord's or Tenant's Submitted FMRR is the closest to ilia actual FMRR for the <br />Extension Term, as determined by die arbitrators, taking into account the requirements of this Schedule "J3". Each such arbitrator shell be <br />appointed within fifteen (15) business days after the Outside Agreement Date, <br />2.2 The two arbitrators so appointed shall, within ten (10) business days of the date or the appointment of the second appointed <br />arbitrator, agree upon end appoint a thi d orbitralor who shall be qualified under the sonic standard as described in Septa >n 2A of this Schedule "J3" <br />(with respeolto appointment of die initial two arbitrators), <br />2.3 The three arbitrators shall, within thirty (30) days of the appointment of the third arbitrator, reach a decision as to whether the <br />parties shall use Landlord's or Tenant's Submitted FMRR and shall notify Landlord and Tenant thereof', provided that: (a) if either Landlord or <br />Tenant Palls to appoint an arbitrator within item (15) business day period described in Section 2.1 of this Schedule "J-3", then the arbitrator <br />appointed by the other party shall solely reach a decision as to the FMRR for the Extension Tern and notify Landlord and Tenant thereof within <br />thirty (30) days following expiration of such fifteen (IS) business day period, and such arbitrator's decision shall be binding upon Landlord and <br />'reliant, and (b) tribe two a•blirators fail to agree upon and appoint a third arbitrator, or both parties fail to appoint an arbitrator, then die appoinuneut <br />ordic third arbitrator or any arbitrator shall he dismissed and the matter to be decided shall be promptly submitted to arbilmdon under tie provisions <br />of die American Arbitration Association (die "AAA'%butsubject to due instructions set forth in Otis Schedule "J3'. <br />2.4 The decision of dm majority of the three nrbilmtore (a• in the ease of a decision made under clause (a) or (b) or Seel' i 2,3 orthis <br />Schedule 1-3", the decision of die single aiiitralor or the arbitrator(s) appointed by the AAA) shall be binding upon Landlord and Tenant, shall be in <br />writing and shall be non,appenlable, and counterpart copies thereof shall bedclivered to Landlord nod Tenant. Ajudgment or order based upon such <br />owns -ill may be entered in any court of competent jurisdiction. In rendering their decision and award, the arbitrators shall have no power to vary, <br />nmdify or amend any provision of this Lease. <br />2.5 Lnndlord and Tonnnt still][ ouch bear 50%of the cost grille arbitration described in this Section 2 orthis Schedule "1-311. <br />,Pill #'Ovk Center Or— C101 qfS.. flaelve, Lead .5- <br />t[shibil •I <br />80A-187 <br />