Legal Appraisal Invocation

LEGAL APPRAISAL INVOCATION

This Legal Appraisal Invocation (the "Invocation") is entered into as of Date: by and between Claimant Name: (hereinafter "Claimant") and Respondent Name: (hereinafter "Respondent"). Reference / Contract / Policy No.:

RECITALS

WHEREAS, Claimant and Respondent are parties to the contract or policy identified above that contains an appraisal clause permitting either party to invoke appraisal to determine the amount of loss, value, or other valuation dispute arising under the agreement;

WHEREAS, a dispute has arisen concerning the valuation of the following subject matter: ; the location or legal description of the subject is: ;

WHEREAS, the parties desire to invoke the appraisal procedure provided in their agreement in order to obtain an independent determination of the amount in dispute and to resolve valuation differences in accordance with the terms set forth below;

NOW, THEREFORE

In consideration of the mutual covenants and agreements contained herein and intending to be legally bound, the parties agree as follows.

1. DEFINITIONS

Capitalized terms used in this Invocation shall have the meanings ascribed in the underlying agreement unless otherwise defined herein. "Appraisal" means the independent valuation procedure invoked under the appraisal clause to determine the amount of loss, value, cost or other disputed monetary determination.

2. INVOCATION OF APPRAISAL

Claimant hereby invokes appraisal pursuant to the appraisal clause of the referenced agreement and demands that the parties proceed to appraisal in accordance with the procedure and time frames set forth in this Invocation. Notice of invocation shall be deemed given as of Date: .

3. APPOINTMENT OF APPRAISERS

Each party shall appoint an appraiser who is competent, licensed if applicable, and independent of the appointing party and its counsel. Claimant's appraiser: ; Respondent's appraiser: . Each party shall notify the other of its appraiser's identity and contact information within days of the date of this Invocation.

4. UMPIRE

If the appraisers fail to agree on the amount in dispute, they shall select an umpire in a timely manner. If they cannot agree on an umpire within days after their appointment, the parties shall request that an umpire be appointed by a neutral appointing authority as specified in the underlying agreement. Proposed umpire (optional): .

5. SCOPE OF APPRAISAL

The appraisal shall be limited to the valuation issues expressly identified by the parties and described as follows:

The appraisers and umpire shall determine the amount of loss, value, or other monetary determination and shall set forth their determinations in a written award with supporting computations and explanation of methodologies used.

6. PROCEDURE AND EXCHANGE

Within days of appointment, each appraiser shall prepare and deliver to the other appraiser and to the parties a written statement of the amount determined and a summary of the evidence relied upon. The appraisers shall meet, confer and attempt to agree on an award. If they cannot agree, they shall submit their respective determinations in writing to the umpire for final determination.

7. FEES, COSTS AND DEPOSITS

Each party shall bear the fees and expenses of its appointed appraiser. The fees and expenses of the umpire, if any, shall be divided equally between the parties unless otherwise agreed. If required, an initial deposit for appraiser/umpire fees shall be paid as follows: Amount: . Allocation of remaining costs:

8. CONFIDENTIALITY

All documents, reports, statements, and awards prepared in connection with the appraisal shall be treated as confidential and shall not be disclosed except to the parties, their counsel, appraisers, the umpire, and as required by law or as necessary to enforce or set aside the award. The receiving party shall not use appraisal materials for any collateral purpose without the prior written consent of the producing party.

9. LIMITATION ON JUDICIAL REVIEW

The parties agree that the written appraisal award, once delivered, shall be final and binding on the parties except for fraud, manifest error, misconduct, or as otherwise limited by applicable law. Any legal action to enforce, challenge, or set aside the award shall be brought in accordance with the Governing Law and venue provisions set forth below.

10. NOTICES

All notices required or permitted under this Invocation shall be in writing and delivered to the addresses set forth below by certified mail, courier, personal delivery, or email with confirmation of receipt. Notices shall be effective upon receipt.

11. GOVERNING LAW

This Invocation and any dispute arising out of or related to this Invocation shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles.

12. ENTIRE AGREEMENT

This Invocation constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written understandings regarding appraisal other than the appraisal clause in the underlying agreement which is incorporated herein by reference.

13. SEVERABILITY

If any provision of this Invocation is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

14. AMENDMENTS; WAIVER

This Invocation may be amended only by a written instrument signed by both parties. No waiver of any provision shall be effective unless in writing and signed by the party granting the waiver; a waiver of any breach shall not constitute a waiver of any other or subsequent breach.

15. COUNTERPARTS; ELECTRONIC SIGNATURES

This Invocation may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures transmitted electronically or by facsimile shall be binding and have the same effect as original signatures.

16. AUTHORITY

Each individual signing below represents and warrants that they have full authority to execute this Invocation on behalf of the party for which they sign and to bind that party to the terms set forth herein.

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