Common use of Conflicting Instructions Clause in Contracts

Conflicting Instructions. In any of the circumstances described in subparagraphs A through E, below, the Escrow Holder shall, at its sole discretion, either (1) interplead the Security, (2) retain the Security until the Security is returned to the Subdivider or remitted to the Association in accordance with these instructions, or (3) retain the Security until the Security is disposed of in accordance with written supplemental instructions executed by the Subdivider and the Association, the order of a court of competent jurisdiction, or in accordance with the final binding decision rendered in an alternative dispute resolution proceeding: A. The Association timely objects in writing to a demand by the Subdivider for the return of the Security; B. The Subdivider’s demand for the return of the Security is not accompanied by the statement described in Part Two, Paragraph 1-A, above; C. The Subdivider timely objects in writing to a demand by the Association for remittance of all or any portion of the Security; D. The Association’s demand for remittance of the Security is not accompanied by the statement described in Part Two, Paragraph 2-A , above; or E. The Escrow Holder receives conflicting instructions from the parties to this escrow.

Conflicting Instructions. In any of the circumstances described in subparagraphs A through E, below, the Escrow Holder shall, at its sole discretion, either (1) interplead the Security, (2) retain the Security until the Security is returned to the Subdivider or remitted to the Association in accordance with these instructions, or (3) retain the Security until the Security is disposed of in accordance with written supplemental instructions executed by the Subdivider and the Association, the order of a court of competent jurisdiction, or in accordance with the final binding decision rendered in an alternative dispute resolution proceeding: A. The Association timely objects in writing to a demand by the Subdivider for the return of the Security; B. The Subdivider’s demand for the return of the Security is not accompanied by the statement described in Part Two, Paragraph 1-A, above; C. The Subdivider timely objects in writing to a demand by the Association for remittance of all or any portion of the Security; D. The Association’s demand for remittance of the Security is not accompanied by the statement described in Part Two, Paragraph 2-A A, above; or E. The Escrow Holder receives conflicting instructions from the parties to this escrow.

Conflicting Instructions. In any of the circumstances described in subparagraphs A through E, below, the Escrow Holder shall, at its sole discretiondiscre- tion, either (1) interplead the Security, (2) retain the Security until the Security is returned to the Subdivider or remitted to the Association in accordance with these instructions, or (3) retain the Security until the Security is disposed of in accordance with written supplemental instructions executed by the Subdivider and the Association, the order of a court of competent jurisdiction, or in accordance with the final binding decision rendered in an alternative dispute resolution proceeding: A. The Association timely objects in writing to a demand by the Subdivider for the return of the Security; B. The Subdivider’s demand for the return of the Security is not accompanied by the statement described in Part Two, Paragraph 1-A, above; C. The Subdivider timely objects in writing to a demand by the Association for remittance of all or any portion of the Security; D. The Association’s demand for remittance of the Security is not accompanied by the statement described in Part Two, Paragraph 2-A , above; or E. The Escrow Holder receives conflicting instructions from the parties to this escrow.

Conflicting Instructions. In any of the circumstances described in subparagraphs A through E, below, the Escrow Holder shall, at its sole discretion, either (1) interplead the Security, (2) retain the Security until the Security is returned to the Subdivider Subdivider/Developer or remitted to the Association in accordance with these instructions, or (3) retain the Security until the Security is disposed of in accordance with written supplemental instructions executed by the Subdivider Subdivider/Developer and the Association, Association or the order of a court of competent jurisdiction, or in accordance with the final binding decision rendered in an alternative dispute resolution proceeding: A. The Association timely objects in writing to a demand by the Subdivider Subdivider/Developer for the return of the Security; B. The SubdividerSubdivider’s/Developer’s demand for the return of the Security is not accompanied by the statement described in Part Two, Paragraph 1-A, above; C. The Subdivider Subdivider/Developer timely objects in writing to a demand by the Association for remittance of all or any portion of the Security; D. The Association’s demand for remittance of the Security is not accompanied by the statement described in Part Two, Paragraph 2-A A, above; or E. The Escrow Holder receives conflicting instructions from the parties to this escrow.