Contractor not a Beneficiary or Owner Sample Clauses

Contractor not a Beneficiary or Owner. Contractor is not a beneficiary of the Trust Subaccount and Contractor has no right, title or interest in or to the Trust Subaccount or any property in the Trust Subaccount (including, without limitation, the Qualified Securities and Proceeds in the Trust Subaccount). Upon delivery of Qualified Securities by Contractor to Trustee as trustee for Owner, Contractor will cease to be the owner of the Qualified Securities, Contractor will not be the owner of the Trust Subaccount or the Qualified Securities and Proceeds, and Contractor will have no right, title or interest in and to the Qualified Securities or in the Trust Subaccount or the Qualified Securities and Proceeds, regardless of whether the Qualified Securities and Proceeds are held by Trustee or by Owner. The Qualified Securities and Proceeds shall be “retention” as such term is used in the Construction Contract Documents and shall be subject to all provisions relating to “retention” in the Construction Contract Documents. If Qualified Securities and Proceeds are transferred from the Trustee to Owner as provided in this Agreement, Owner will be the legal and beneficial owner of the Qualified Securities and Proceeds, Owner shall have the right to use, apply, expend and/or retain the Qualified Securities and Proceeds in the manner applicable to retention under the Construction Contract Documents, and Contractor will have no right, title or interest in or to the Qualified Securities and Proceeds held by Owner. Contractor’s only rights in respect of the Qualified Securities and Proceeds will be its rights as to retention under the Construction Contract Documents and its rights under Section 16 of this Agreement.
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