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Molt Ho.MIA Schedule"J-3" Delerminins MR, Fur purposes of determia ing tine FMRR, the ro Ilowiug procedure shall apply: I If Tenant duly exercises any Extension Option and duly rejects Landlord's determination (in its Mnrke( Rent Notice orthe FMRR for Ole Extension, then Landlord and Tenant shall endeavor to agree upon the FMRR for tie Extension Term on or before the Outside Agreement pate (defined below), if Landlord and Tenant are unable to agree upon the FMRR far the Extension Tenn on or before the Outside Agreement Date, then the FMRR fertile Extension Tamil shull be determined by arbitration pursuant to Szotion 2 orthig Schedule J-3", Tile "Outside Agreement Date" means the dale tint is ten (10) business days after the dale the( Tenant notifies Landlord, in its Market Rent Response Notice dint Tenant has rejected Landlord's initial delm4nlnation orthe FMRR for die Extension Terns. 2 If Landlord and Tenant shall fail to agree upon the FMRR for die Extension Term on or before the applicable Outside Agreement Date, then within ten (10) business days thereafter, each of Landlord and Tenant shall submit to the other its final detcratnatimt of the FMRR for the Extension Term and such final determinations shall be submited to nrbltration (as Tenant's and Landlord's "Submitted FMRR," respectively) In accordance with lie following: 2,1 Landlord end Tenant shall each appointees arbitrater who shall by profession be a real estate broker who shall have been active in the leasing orthe Project and the Comparable Buildings over the five (5) year period ending on the date of such appointmenL The determination ofthe arbitrators shall be limited solely to the issue as to whether Landlord's or Tenant's Submitted FMRR is the closest to the actual FMRR for the Extenslon Term, as determined by lie arbitrators, taking into account the requirements of this Schedule 1.3". Each such arbitrator shall be appointed within f fteen (15) business days after Ole Outside Agreement Date, 2.2 The two arbitrators so appointed shall, within ten (10) business days or the date of the appointment of the second appointed arbitrator, agree upon and appoint a third arbitrator who shall be qualified under the same standard as described in .Section 1.1 of this Schedule "J.3" (with respect to appointment of die initial two arbitrators). 2,3 The three arbitrators shall, within thirty (30) days ofthe appointment ofthe third arbitrator, reach a decision as to whether the parties shall use Landlord's or Tennnt's Submitted FMRR and shall notify Landlord and Tenant thoreor, provided that: (a) if either Landlord or Tenant falls to appoint an arbitrator within fifteen (I5) business day period described In Sec 1 of this Schedule "J-3", then the uibitralor appointed by the other party shall solely reach a decision as to the FMRR for Ole Extension Tenn and ratify Landlord and Tenant thereof within thirty (30) days fal(awhmg expiration of such fifteen (13) bushhcss day period, and such arbitrator's decision shall be binding upon Landlord and 'tenant, and (b) Willa two arblualors fuil to agree upon and appoint a third arbitrator, or both parties fail Io appoint an arbitrator, then Ole appointment of the third arbitrator or any arbitrator shall be dismissed and the matter to be decided shall be promptly submitted to arbitration under die provisions ofthe American Arbitration Association (die "AAA'), but subject to die Instructions set fordi in this Schedule "J.3". 2A The decision afthe majority ofthe lhreearbilmlors(or in ilia case ore decision made under clause In) or(b)or Surfed 3ofthis $ebedaie "1-3' the decision of the single inbitralor ar the arbitrators) appointed by the AAA) shall be binding upon Landlord and Tenant, shall be in writing and shall be non -appealable, and counterpart copies thereofshall be delivered to Landlord and Tenant. Ajudgment or order based upon such owned may be entered In any court of aompetanl jurisdidimn. In rendering their decision and award, the arbitrators shall have no power to vary, modify or amend any prevision oftils Lease. 2.5 Landlord and Tomint shall each bear 501/6of the cost of the arb(b'ation described In this Section 2 ofthis Schedule "1-3". ,411141'fAJv Cvular Dr —CIO, gfSruun rum Leniv •j- Exhil ii J 80A-474