[§414-359]  Procedure if shareholderdissatisfied with payment or offer.  (a)  A dissenter may notify thecorporation in writing of the dissenter's own estimate of the fair value of thedissenter's shares and amount of interest due, and demand payment of thedissenter's estimate (less any payment under section 414-356), or reject thecorporation's offer under section 414-358 and demand payment of the fair valueof the dissenter's shares and interest due, if:

(1)  The dissenter believes that the amount paid undersection 414-356 or offered under section 414-358 is less than the fair value ofthe dissenter's shares or that the interest due is incorrectly calculated;

(2)  The corporation fails to make payment undersection 414-356 within sixty days after the date set for demanding payment; or

(3)  The corporation, having failed to take theproposed action, does not return the deposited certificates or release thetransfer restrictions imposed on uncertificated shares within sixty days afterthe date set for demanding payment.

(b)  A dissenter waives the dissenter's rightto demand payment under this section unless the dissenter notifies thecorporation of the dissenter's demand in writing under subsection (a) withinthirty days after the corporation made or offered payment for the dissenter'sshares. [L 2000, c 244, pt of §1]