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Schedule"J-3" Determining FfyIRR. Fur purposes ofdetermining the FMRR, the following procedure shall apply: I IfTenant duty exercises tiny Extension Option End duly rejects Landlord's determination (in its Market Rent Notice ofthe FMRR far ate Extension, then Landlord and Tenant shot[ endeavor m agree upon the FMRR for the Extension 'Perm on or berme the Outside Agreement pate (donned below). i f Landlod and Tenant are unable to agree upon the FMRR far the Extension Tarn on or before the Outside Agreement Date, then die FMRR forlhc Extension Term shall be determined by arbitration pursuant to Segtion 2 ofthis Schedule "W The "Outside Agreement Date" Means the dale lint is Lau (10) businessdays after the dale that Tenant notifies Landlord, in its Market Ront Response Notice that Tenant has rejected Landlord's inillal deten'ndnation ol'lhe FMRR for the Extension Tenn, 2 If Landlord and Tenant shall fail to agree upon the FMRR for the Extension Term on or before time applicable Outside Agreement Date, then within ten (10) business days thereafter, each of Landlord and Tenant shall submit to the other Its final determination of the FMRR for the Extension Term and such final determinations shall be submitted to arbitration (as Tenant's and Landlord's "Submitted FMRR," respectively) in ooeordance with the following: 2.1 Landlord and Tenant shall each appoint one arbitrator who shall by profession be a real estate broker who shall have been active In Ole leasing arthe Project and the Comparable Buildings over the five (5) your period ending on the date of such appointment. The determination of the mbilralors 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 Extension Term, as determined by die irbltrntors, taking into account the requirements of this Schedule ")-)". Each such arbitrator shall be appointed within fifteen (15) business days after die Outside Agreement Date. 2.2 The two arbitrators so appointed shall, within ten (10) business days or the dale of the appointment of the second appointed arbitrator, agree upon and appoint a third arbitrator who shall be qualified under the some standard as described in section i, t of this Schedule "J• " (with respect to appointment of One initial two arbitrators), 2.3 The three ailtmtors shall, within thirty (30) days of the appointment ofthe third arbitrator, reach a decision as to whether the pOft! 'es shall use Landlord's or TenonPs Submitted FMRR and she]I notify Landlord and Tenant thereof; provided Eliot: (a) if either Landlord or Tenant Palls to appoint an arbitrator within fifteen (15) business day period described in SzedQu 11 of this Schedule "J-3", then the arbitrator appointed by die other party shall solely reach a decision as to die FMRR for the Extension Tenn and notify Landlord and Tenant thereof within thirty (30) days fallowing expiration orsuch fifteen (15) business day period, and such arbitrator's decision shall be binding upon Landlord and Teimnt, and (b) if the Iwo arbitrators full to agree upon and appoints third arbitrator, or bath patties fail to appoint Oil arbitrator, then die oppoimhnent oftie third arbitrator terany arbitrotorshnll be dismissed and die matter to be decided shall be pronmptlysubmlttcd to arbitrntion Linder tie provisions oftle Aniericnn Arbitration Association (die "AAA'%butsubject to die instructions set forth in Inds Schedule"J.?. 2A The decision of dmo majority of the three orbitmtore (or in the case of a decision made under clause (e) or (b) of Sectiml 2.3 of this ched d{ a "J-311, the decision of tie single mbitrmor cr the arbitrators) appointed by the AAA) shall be binding upon Landlord slid Tenant, shall he in wdtingand shall be non,appenlable, and counterpart copies thereofshall badclivered to Landlord End Tenant. Ajudgment ororder based upon such owrod may be entered in say court of oompeten(jm9sdiclion. In rendering their decision and award, the arbitrators shall have no power to vary, nmodl fy or amend any provision ofthis Lease. 2.5 Landlord and Tenant shall each bear 50% ofthe cost oflhe arbttrotion described in this Section 2 ofthis -1.311 Sal 11'CAdr Center Or- (7p, nf,SnnM:I Lin Lerzee -5- 17,xhiUit.t 80A-285