(1) A dissenter may notify the corporation in writing of the dissenters own estimate of the fair value of the dissenters shares and amount of interest due, and demand payment of the dissenters estimate, less any payment under ORS 60.577 or reject the corporations offer under ORS 60.584 and demand payment of the dissenters estimate of the fair value of the dissenters shares and interest due, if: (a) The dissenter believes that the amount paid under ORS 60.577 or offered under ORS 60.584 is less than the fair value of the dissenters shares or that the interest due is incorrectly calculated; (b) The corporation fails to make payment under ORS 60.577 within 60 days after the date set for demanding payment; or (c) The corporation, having failed to take the proposed action, does not return the deposited certificates or release the transfer restrictions imposed on uncertificated shares within 60 days after the date set for demanding payment. (2) A dissenter waives the right to demand payment under this section unless the dissenter notifies the corporation of the dissenters demand in writing under subsection (1) of this section within 30 days after the corporation made or offered payment for the dissenters shares. (Judicial Appraisal of Shares)
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