ACTION IN INTERPLEADER. The Parties expressly agree that Escrow Agent has the absolute right, at its election, to file an action in interpleader requiring the Parties to answer and litigate their several claims and rights among themselves and Escrow Agent is authorized to deposit with the clerk of the court any documents and the Escrowed Funds held pursuant to this Agreement. In the event such action is filed, the Parties jointly and severally agree to pay cancellation charges, costs, expenses and reasonable attorney’s fees which Escrow Agent is required to expend or incur in such interpleader action, the amount thereof to be fixed and judgment therefore to be rendered by the court. Upon the filing of such action, Escrow Agent shall thereupon by fully released and discharged from all obligations imposed by the terms of this Agreement or otherwise.
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Escrow Agreement
ACTION IN INTERPLEADER. The Parties expressly agree that Escrow Agent has the absolute right, at its election, to file an action in interpleader requiring the Parties to answer and litigate their several claims and rights among themselves and Escrow Agent is authorized to deposit with the clerk of the court any documents and the Escrowed Funds held pursuant to this Agreement. In the event such action is filed, the Parties jointly and severally agree to pay cancellation charges, costs, expenses and reasonable attorney’s fees which Escrow Agent is required to expend or incur in such interpleader action, the amount thereof to be fixed and judgment therefore to be rendered by the court. Upon the filing of such action, Escrow Agent shall thereupon by fully released and discharged from all fromall obligations imposed by the terms of this Agreement or otherwise.
Appears in 2 contracts
Samples: Escrow Agreement, Escrow Agreement
ACTION IN INTERPLEADER. The Parties expressly agree that Escrow Agent has the absolute right, at its election, to file an action in interpleader requiring the Parties to answer and litigate their several claims and rights among themselves and Escrow Agent is authorized to deposit with the clerk of the court any documents and the Escrowed Funds held pursuant to this Escrow Agreement. In the event such action is filed, the Parties jointly and severally agree to pay cancellation charges, costs, expenses and reasonable attorney’s fees which Escrow Agent is required to expend or incur in such interpleader action, the amount thereof to be fixed and judgment therefore therefor to be rendered by the court. Upon the filing of such actionaction and such deposit of the Escrowed Funds, Escrow Agent shall thereupon by be fully released and discharged from all obligations imposed by the terms of this Escrow Agreement or otherwiseotherwise in connection with the Property.
Appears in 2 contracts
Samples: Escrow Agreement, Escrow Agreement
ACTION IN INTERPLEADER. The Parties expressly agree that Escrow Agent has the absolute right, at its election, to file an action in interpleader requiring the Parties to answer and litigate their several claims and rights among themselves and Escrow Agent is authorized to deposit with the clerk of the court any documents and the Escrowed Funds held pursuant to this Escrow Agreement. In the event such action is filed, the Parties jointly and severally agree to pay cancellation charges, costs, expenses and reasonable attorney’s fees which Escrow Agent is required to expend or incur in such interpleader action, the amount thereof to be fixed and judgment therefore to be rendered by the court. Upon the filing of such action, Escrow Agent shall thereupon by be fully released and discharged from all obligations imposed by the terms of this Escrow Agreement or otherwise.
Appears in 1 contract
Samples: Escrow Agreement