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Appraisal Institute, or an SRA designation as awarded by the <br /> Society of Real Estate Appraisers or an RM designation as awarded <br /> by the American Institute of Real Estate Appraisers, selected by <br /> defendant. If plaintiff disagrees with the FMV determined by the <br /> appraiser selected by defendant, plaintiff may select its own <br /> appraiser. If the two appraisers so selected cannot agree upon <br /> the FIV, the two appraisers shall select a third appraiser. The <br /> third appraiser shall select which of the two determinations most <br /> closely approximates his determination of market value. The <br /> third appraiser shall have no right to prepare a middle ground or <br /> any modification of either of the two determinations . The <br /> determination which the third appraiser chooses as most closely <br /> approximating his determination of FMV shall constitute the <br /> decision of the appraisers and be final and binding upon the <br /> parties . Each party shall hire and pay all expenses of its own <br /> appraiser. The expenses of the third appraiser shall be equally <br /> shared by defendant and plaintiff . <br /> 26 • In the event that any legal proceeding, of any <br /> kind or nature, is brought by any party to enforce the terms and <br /> provisions of this agreement, the prevailing party shall be <br /> entitled to recover its attorneys ' fees and costs incurred in <br /> said proceeding. Except as set forth hereinabove and in the <br /> Judgment, each party shall bear their own attorneys ' fees and <br /> costs in connection with the Action. <br /> 16 <br />