Common use of Disbursement of Xxxxxxx Money Clause in Contracts

Disbursement of Xxxxxxx Money. Holder shall disburse the xxxxxxx money upon: (1) the closing of Property; (2) a subsequent written agreement of Buyer and Seller; (3) an order of a court or arbitrator having jurisdiction over any dispute involving the xxxxxxx money; or (4) the failure of the parties to enter into a binding agreement (where there is no dispute over the formation or enforceability of the Agreement). In addition, Holder may disburse the xxxxxxx money upon a reasonable interpretation of the Agreement, provided that Holder first gives all parties at least ten (10) days notice stating to whom and why the disbursement will be made. Any party may object to the proposed disbursement by giving written notice of the same to Holder within the ten (10) day notice period. Objections not timely made in writing shall be deemed waived. If Holder receives an objection and, after considering it, decides to disburse the xxxxxxx money as originally proposed, Holder may do so and send notice to the parties of Holder’s action. If Holder decides to modify its proposed disbursement, Holder shall first send a new ten (10) day notice to the parties stating the rationale for the modification and to whom the disbursement will now be made. Holder shall disburse the xxxxxxx money to Seller by check in the event Holder: (1) makes a reasonable interpretation of the Agreement that the Agreement has been terminated due to Buyer’s default; and (2) sends the required ten (10) day notice of the proposed disbursement to Buyer and Seller. The above-referenced check shall constitute liquidated damages in full settlement of all claims of Seller against Buyer and the Brokers in this transaction. Holder may require Seller to sign a W-9 before issuing a check to Seller for liquidated damages of $600 or more. Such liquidated damages are a reasonable pre-estimate of Seller’s actual damages, which damages the parties agree are difficult to ascertain and are not a penalty.

Disbursement of Xxxxxxx Money. Holder shall disburse the xxxxxxx money upon: (1) the closing of Property; (2) a subsequent written agreement of Buyer and Seller; (3) an order of a court or arbitrator having jurisdiction over any dispute involving the xxxxxxx money; or (4) the failure of the parties to enter into a binding agreement (where there is no dispute over the formation or enforceability of the Agreement). In addition, Holder may disburse the xxxxxxx money upon a reasonable interpretation of the Agreement, provided that Holder first gives all parties at least ten (10) days notice stating to whom and why the disbursement will be made. Any party may object to the proposed disbursement by giving written notice of the same to Holder within the ten (10) day notice period. Objections not timely made in writing shall be deemed waived. If Holder receives an objection and, after considering it, decides to disburse the xxxxxxx money as originally proposed, Holder may do so and send notice to the parties of Holder’s action. If Holder decides to modify its proposed disbursement, Holder shall first send a new ten (10) day notice to the parties stating the rationale for the modification and to whom the disbursement will now be made. Holder shall offer to disburse the xxxxxxx money to Seller by check in the event Holder: (1) makes a reasonable interpretation of the Agreement that the Agreement has been terminated due to Buyer’s default; and (2) sends the required ten (10) day notice of the proposed disbursement to Buyer and Seller. The above-referenced check shall constitute liquidated damages in full settlement of all claims of Seller against Buyer and the Brokers in this transaction. Holder may require Seller to sign a W-9 before issuing a check to Seller for liquidated damages of $600 or more. Such liquidated damages are a reasonable pre-estimate of Seller’s actual damages, which damages the parties agree are difficult to ascertain and are not a penalty.:

Disbursement of Xxxxxxx Money. Holder shall disburse the xxxxxxx money upon: (1) the closing of Property; (2) a subsequent written agreement of Buyer and Seller; (3) an order of a court or arbitrator having jurisdiction over any dispute involving the xxxxxxx money; or (4) the failure of the parties to enter into a binding agreement (where there is no dispute over the formation or enforceability of the Agreement). In addition, Holder may disburse the xxxxxxx money upon a reasonable interpretation of the Agreement, provided that Holder first gives all parties at least ten fifteen (1015) days notice stating to whom and why the disbursement will be made. Any party may object to the proposed disbursement by giving written notice of the same to Holder within the ten fifteen (1015) day notice period. Objections not timely made in writing shall be deemed waived. If Holder receives an objection and, after considering it, decides to disburse the xxxxxxx money as originally proposed, Holder may do so and send notice to the parties of Holder’s action. If Holder decides to modify its proposed disbursement, Holder shall first send a new ten fifteen (1015) day notice to the parties stating the rationale for the modification and to whom the disbursement will now be made. Holder shall offer to disburse the xxxxxxx money to Seller by check in the event Holder: (1) makes a reasonable interpretation of the Agreement that Seller has terminated the Agreement has been terminated due to Buyer’s default; and (2) sends the required ten fifteen (1015) day notice of the proposed disbursement to Buyer and Seller. The above-referenced If the check is accepted and deposited by Seller, it shall constitute liquidated damages in full settlement of all claims of Seller against Buyer and the Brokers in this transaction. Holder may require Seller to sign a W-9 before issuing a check to Seller for liquidated damages of $600 or moreBuyer. Such liquidated damages are not a penalty and are instead a reasonable pre-pre- estimate of Seller’s actual damages, which damages the parties agree are difficult to ascertain ascertain. Nothing herein shall prevent the Seller from declining the tender of the xxxxxxx money by the Holder. In such event, Holder, after giving Buyer and are not a penaltySeller the required fifteen (15) day notice of the proposed disbursement, shall disburse the xxxxxxx money to Buyer.

Disbursement of Xxxxxxx Money. Holder shall disburse the xxxxxxx money upon: (1) the closing of Property; (2) a subsequent written agreement of Buyer and Seller; (3) an order of a court or arbitrator having jurisdiction over any dispute involving the xxxxxxx money; or (4) the failure of the parties to enter into a binding agreement (where there is no dispute over the formation or enforceability of the Agreement). In addition, Holder may disburse the xxxxxxx money upon a reasonable interpretation of the Agreement, provided that Holder first gives all parties at least ten (10) days notice stating to whom and why the disbursement will be made. Any party may object to the proposed disbursement by giving written notice of the same to Holder within the ten (10) day notice period. Objections not timely made in writing shall be deemed waived. If Holder receives an objection and, after considering it, decides to disburse the xxxxxxx money as originally proposed, Holder may do so and send notice to the parties of Holder’s action. If Holder decides to modify its proposed disbursement, Holder shall first send a new ten (10) day notice to the parties stating the rationale for the modification and to whom the disbursement will now be made. Holder shall offer to disburse the xxxxxxx money to Seller by check in the event Holder: (1) makes a reasonable interpretation of the Agreement that the Agreement has been terminated due to Buyer’s default; and (2) sends the required ten (10) day notice of the proposed disbursement to Buyer and Seller. The above-referenced If Seller accepts the offer and Holder issues a check to Seller which is deposited by Seller, it shall constitute liquidated damages in full settlement of all claims of Seller against Buyer and the Brokers in this transaction. Holder may require Seller to sign a W-9 1099 before issuing a check to Seller for liquidated damages of $600 or more. Such liquidated damages are a reasonable pre-estimate of Seller’s actual damages, which damages the parties agree are difficult to ascertain and are not a penalty. Nothing herein shall prevent the Seller from declining the tender of the xxxxxxx money by the Holder. In such event, Holder, after giving Buyer and Seller the required ten (10) day notice of the proposed disbursement, shall disburse the xxxxxxx money to Buyer.

Disbursement of Xxxxxxx Money. Holder shall disburse the xxxxxxx money upon: (1) the closing of Property; (2) a subsequent written agreement of Buyer and Seller; (3) an order of a court or arbitrator having jurisdiction over any dispute involving the xxxxxxx money; or (4) the failure of the parties to enter into a binding agreement (where there is no dispute over the formation or enforceability of the Agreement). In addition, Holder Xxxxxx may disburse the xxxxxxx money upon a reasonable interpretation of the Agreement, provided that Holder Xxxxxx first gives all parties at least ten (10) days notice stating to whom and why the disbursement will be made. Any party may object to the proposed disbursement by giving written notice of the same to Holder within the ten (10) day notice period. Objections not timely made in writing shall be deemed waived. If Holder Xxxxxx receives an objection and, after considering it, decides to disburse the xxxxxxx money as originally proposed, Holder may do so and send notice to the parties of HolderXxxxxx’s action. If Holder Xxxxxx decides to modify its proposed disbursement, Holder shall first send a new ten (10) day notice to the parties stating the rationale for the modification and to whom the disbursement will now be made. Holder shall disburse the xxxxxxx money to Seller by check in the event Holder: (1) makes a reasonable interpretation of the Agreement that the Agreement has been terminated due to Buyer’s default; and (2) sends the required ten (10) day notice of the proposed disbursement to Buyer and Seller. The above-referenced check shall constitute liquidated damages in full settlement of all claims of Seller against Buyer and the Brokers in this transaction. Holder may require Seller to sign a W-9 before issuing a check to Seller for liquidated damages of $600 or more. Such liquidated damages are a reasonable pre-estimate of Seller’s actual damages, which damages the parties agree are difficult to ascertain and are not a penalty.

Disbursement of Xxxxxxx Money. Holder shall After receiving reasonable assurance that the bank has credited the deposit to the account where the Xxxxxxx Money is being held, the Escrow Agent may (i) disburse the xxxxxxx money upon: (1) the closing of PropertyXxxxxxx Money to Buyer if contract is not accepted, unless that issue is disputed; (2ii) disburse the Xxxxxxx Money for credit to Buyer at Closing; (iii) disburse the Xxxxxxx Money to Buyer after Closing if it is not credited towards the purchase price at Closing; (iv) disburse the Xxxxxxx Money pursuant to a subsequent separate written agreement signed by the parties, agreeing to the terms of Buyer and Sellerdisbursement of the Xxxxxxx Money; (3v) an disburse the Xxxxxxx Money upon order of a court or arbitrator having which has jurisdiction over any dispute involving the xxxxxxx moneymatter; or (4vi) if Escrow Agent has received notice from any party that the failure of the parties Contract has been terminated or Closing has failed to enter into a binding agreement occur, no more than thirty (where there is no dispute over the formation or enforceability of the Agreement). In addition, Holder may disburse the xxxxxxx money upon a reasonable interpretation of the Agreement, provided that Holder first gives 30) days after said notice has been received notify all parties at least of Escrow Agent’s disbursement decision. Upon receipt of Escrow Agent’s notification of disbursement, a party shall have ten (10) days notice stating to whom and why the disbursement will be made. Any party may object to the proposed disbursement. After receipt of a party’s objection, Escrow Agent may change its decision or proceed according to Xxxxxx Agent’s original notification, but shall, in any event, notify the parties of said final disbursement. In addition, if the disbursement by giving written notice of the same Xxxxxxx Money is in dispute, Escrow Agent may file an action to Holder within interplead the ten (10) day notice periodXxxxxxx Money to allow a court of competent jurisdiction to decide how it is to be disbursed, and Escrow Agent may disburse Xxxxxxx Money as part of the required procedures related to this filing. Objections Additionally, Escrow Agent may deduct any attorney’s fees, court costs and other related expenses from the Xxxxxxx Money as necessary to reimburse Escrow Agent for costs related to the interpleader action, and Escrow Agent shall be entitled to recover additional costs as described above if Escrow Agent’s expenses exceed the amount of the Xxxxxxx Money. The party that the court deems to be entitled to the Xxxxxxx Money may seek to recover its attorney’s fees, court costs and the amount deducted by the Escrow Agent from the party that was not timely made in writing deemed to be entitled to the Xxxxxxx Money. In performing any of its duties under this Contract, Escrow Agent shall not be liable for any loss, cost or damage which may incur as a result of serving as Escrow Agent hereunder, except for any loss, cost or damages arising out of its willful default or gross negligence. The parties agree to release Broker from liability for any costs, fees, or damages resulting from Escrow Agent’s duties described herein. If no objection to the disbursement of the Xxxxxxx Money is received by Escrow Agent prior to the disbursement of the Xxxxxxx Money, the right to object to said disbursement shall be deemed waivedwaived by the parties. If Holder receives an objection andIn any case in which the Xxxxxxx Money is provided herein to be returned to Buyer, after considering it, decides then nevertheless One Hundred US Dollars (US$100.00) thereof shall be paid to disburse or retained by Seller and deducted from the xxxxxxx money as originally proposed, Holder may do so and send notice to the parties of Holder’s actionamount due Buyer. If Holder decides to modify its proposed disbursement, Holder The Seller's amount shall first send a new ten (10) day notice to the parties stating the rationale for the modification and to whom the disbursement will now be made. Holder shall disburse the xxxxxxx money belong to Seller by check in any and all events and shall in effect constitute option money, making this Contact binding even if any conditions or provisions herein are entirely with the event Holder: (1) makes a reasonable interpretation discretion or control of the Agreement that the Agreement has been terminated due to Buyer’s default; and (2) sends the required ten (10) day notice of the proposed disbursement to Buyer and Seller. The above-referenced check shall constitute liquidated damages in full settlement of all claims of Seller against Buyer and the Brokers in this transaction. Holder may require Seller to sign a W-9 before issuing a check to Seller for liquidated damages of $600 or more. Such liquidated damages are a reasonable pre-estimate of Seller’s actual damages, which damages the parties agree are difficult to ascertain and are not a penaltycertain time periods.

Disbursement of Xxxxxxx Money. Holder shall disburse the xxxxxxx money upon: (1) the closing of Property; (2) a subsequent written agreement of Buyer and Seller; (3) an order of a court or arbitrator having jurisdiction over any dispute involving the xxxxxxx money; or (4) the failure of the parties to enter into a binding agreement (where there is no dispute over the formation or enforceability enfo ceability of the Agreement). In addition, Holder may disburse the xxxxxxx money upon a reasonable interpretation of the Agreement, provided pro ided that Holder first gives all parties at least ten (10) days notice stating to whom and why the disbursement will be made. Any party may object to the proposed disbursement by giving written notice of the same to Holder within the ten (10) day notice period. Objections not timely made in writing shall be deemed waived. If Holder receives an objection and, after considering it, decides to disburse the xxxxxxx money as originally proposed, Holder may do so and send notice to the parties of Holder’s action. If Holder decides to modify its proposed disbursement, Holder shall first send a new ten (10) day notice to the parties stating the rationale for the modification and to whom the disbursement will now be made. Holder shall disburse the xxxxxxx money to Seller by check in the event Holder: (1) makes a reasonable interpretation of the Agreement that the Agreement has been terminated due to Buyer’s default; and (2) sends the required ten (10) day notice of the proposed disbursement to Buyer and Seller. The above-referenced check shall constitute liquidated damages in full settlement of all claims of Seller against Buyer and the Brokers in this transaction. Holder may require Seller to sign a W-9 before issuing a check to Seller for liquidated damages of $600 or more. Such liquidated damages are a reasonable pre-estimate of Seller’s actual damages, which damages the parties agree are difficult to ascertain and are not a penalty.

Disbursement of Xxxxxxx Money. Holder Subject to the terms of the Purchase Agreement and this Agreement, Escrow Agent shall disburse the xxxxxxx money upon: (1) Xxxxxxx Money pursuant to the closing terms of Property; the Purchase Agreement, including, but not limited to, Section 2.1 of the Purchase Agreement. Within two (2) a subsequent Business Days (the term “Business Day” having the same meaning herein as in the Purchase Agreement) after receipt of written agreement of Buyer notification from Sellers (the “Sellers’ Default Notice”) that Purchaser has breached or defaulted under the Purchase Agreement and Seller; (3) an order of a court or arbitrator having jurisdiction over any dispute involving Sellers are entitled, pursuant to the xxxxxxx money; or (4) the failure Purchase Agreement, to disbursement of the parties Xxxxxxx Money (or so much thereof not previously disbursed pursuant to enter into a binding agreement (where there is no dispute over the formation or enforceability terms of the Purchase Agreement). In addition, Holder may disburse Escrow Agent shall send to Purchaser a written notification (the xxxxxxx money upon a reasonable interpretation of the Agreement, provided “Purchaser’s Notice”) advising Purchaser that Holder first gives all parties at least ten (10) days notice stating to whom and why the disbursement will be made. Any party may object to the proposed disbursement by giving written notice of the same to Holder within the ten (10) day notice period. Objections not timely made in writing shall be deemed waived. If Holder receives an objection and, after considering it, decides Escrow Agent intends to disburse the xxxxxxx money as originally proposed, Holder may do Xxxxxxx Money (or so and send notice much thereof not previously disbursed pursuant to the parties terms of Holderthe Purchase Agreement) to Sellers no earlier than two (2) Business Days after Purchaser’s actionreceipt of such written notice from Escrow Agent. If Holder decides Sellers also shall provide a copy of Sellers’ Default Notice to modify its proposed disbursementPurchaser. Escrow Agent shall be entitled to rely, Holder shall first send a new ten (10) day notice for purposes of this Agreement, upon any statement delivered by Sellers or Purchaser pursuant to the parties stating the rationale for the modification and to whom the disbursement will now be madethis Section 3. Holder Escrow Agent shall disburse the xxxxxxx money Xxxxxxx Money (or so much thereof not previously disbursed pursuant to Seller by check in the event Holder: (1) makes a reasonable interpretation terms of the Agreement that the Agreement has been terminated due to Buyer’s default; and Purchase Agreement) no earlier than two (2) sends Business Days after Purchaser’s receipt of Purchaser’s Notice, provided, however, that Purchaser has not notified Escrow Agent that it disputes Sellers’ Default Notice. In the required ten (10) day notice event of any disputes among the parties hereto in connection with the Xxxxxxx Money or this Agreement, Escrow Agent shall refuse to comply with the claims and demands by Sellers or Purchaser so long as the dispute shall then continue. In so refusing, Escrow Agent shall make no delivery or other disposition of the proposed disbursement Xxxxxxx Money, except as permitted under Section 6(a) below, and, in so doing, Escrow Agent shall not be or become liable in any way to Buyer any person for its failure or refusal to comply with conflicting or adverse demands and Seller. The above-referenced check it shall constitute liquidated damages in full settlement of all claims of Seller against Buyer continue to refrain from acting and the Brokers in this transaction. Holder may require Seller refuse to sign a W-9 before issuing a check to Seller for liquidated damages of $600 or more. Such liquidated damages are a reasonable pre-estimate of Seller’s actual damages, which damages the parties agree are difficult to ascertain and are not a penalty.act until it receives authorization as follows:

Disbursement of Xxxxxxx Money. Holder shall disburse the xxxxxxx money upon: (1) the closing of Property; (2) a subsequent written agreement of Buyer and Seller; (3) an order of a court or arbitrator having jurisdiction over any dispute involving the xxxxxxx money; or (4) the failure of the parties to enter into a binding agreement (where there is no dispute over the formation or enforceability of the Agreement). In addition, Holder Xxxxxx may disburse the xxxxxxx money upon a reasonable interpretation of the Agreement, provided that Holder Xxxxxx first gives all parties at least ten (10) days notice stating to whom and why the disbursement will be made. Any party may object to the proposed disbursement by giving written notice of the same to Holder within the ten (10) day notice period. Objections not timely made in writing shall be deemed waived. If Holder Xxxxxx receives an objection and, after considering it, decides to disburse the xxxxxxx money as originally proposed, Holder may do so and send notice to the parties of HolderXxxxxx’s actiona tion. If Holder Xxxxxx decides to modify its proposed disbursement, Holder shall first send a new ten (10) day notice to the parties stating the rationale for the modification and to whom the disbursement will now be made. Holder shall disburse the xxxxxxx money to Seller by check in the event Holder: (1) makes a reasonable interpretation of the Agreement that the Agreement has been terminated due to Buyer’s default; and (2) sends the required ten (10) day notice of the proposed disbursement to Buyer and Seller. The above-referenced check shall constitute liquidated damages in full settlement of all claims of Seller against Buyer and the Brokers in this transaction. Holder may require Seller to sign a W-9 before issuing a check to Seller for liquidated damages of $600 or more. Such liquidated damages are a reasonable pre-estimate of Seller’s actual damages, which damages the parties agree are difficult to ascertain and are not a penalty.

Disbursement of Xxxxxxx Money. Holder shall disburse the xxxxxxx money upon: (1) the closing of Property; (2) a subsequent written agreement of Buyer and Seller; (3) an order of a court or arbitrator having jurisdiction over any dispute involving the xxxxxxx money; or (4) the failure of the parties to enter into a binding agreement (where there is no dispute over the formation or enforceability enfo ceability of the Agreement). In addition, Holder may disburse the xxxxxxx money upon a reasonable interpretation of the Agreement, provided that Holder first gives all parties at least ten (10) days notice stating to whom and why the disbursement will be made. Any party may object to the proposed disbursement by giving written notice of the same to Holder within the ten (10) day notice period. Objections not timely made in writing shall be deemed waived. If Holder receives an objection and, after considering it, decides to disburse the xxxxxxx money as originally proposed, Holder may do so and send notice to the parties of Holder’s action. If Holder decides to modify its proposed disbursement, Holder shall first send a new ten (10) day notice to the parties stating the rationale for the modification and to whom the disbursement will now be made. Holder shall disburse the xxxxxxx money to Seller by check in the event Holder: (1) makes a reasonable interpretation of the Agreement that the Agreement has been terminated due to Buyer’s default; and (2) sends the required ten (10) day notice of the proposed disbursement to Buyer and Seller. The above-referenced check shall constitute liquidated damages in full settlement of all claims of Seller against Buyer and the Brokers in this transaction. Holder may require Seller to sign a W-9 before issuing a check to Seller for liquidated damages of $600 or more. Such liquidated damages are a reasonable pre-estimate of Seller’s actual damages, which damages the parties agree are difficult to ascertain and are not a penalty.

Disbursement of Xxxxxxx Money. Holder shall disburse the xxxxxxx money upon: (1) the closing of Property; (2) a subsequent written agreement of Buyer and Seller; (3) an order of a court or arbitrator having jurisdiction over any dispute involving the xxxxxxx money; or (4) the failure of the parties to enter into a binding agreement (where there is no dispute over the formation or enforceability of the Agreement). In addition, Holder may disburse the xxxxxxx money upon a reasonable interpretation of the Agreement, provided that Holder first gives all parties p rties at least ten (10) days notice stating to whom and why the disbursement will be made. Any party may object to the proposed disbursement d sbursement by giving written notice of the same to Holder within the ten (10) day notice period. Objections not timely made in writing xx xxxx shall be deemed waived. If Holder receives an objection and, after considering it, decides to disburse the xxxxxxx money as originally proposed, Holder may do so and send notice to the parties of Holder’s action. If Holder decides to modify its proposed disbursementdis ursement, Holder shall first send a new ten (10) day notice to the parties stating the rationale for the modification and to whom the disbursement will now be made. Holder shall disburse the xxxxxxx money to Seller by check in the event Holder: (1) makes a reasonable interpretation of the Agreement that the Agreement has been terminated due to Buyer’s default; and (2) sends the required ten (10) day notice of the proposed disbursement to Buyer and Seller. The above-referenced check shall constitute liquidated liquid xxx damages in full settlement of all claims of Seller against Buyer and the Brokers in this transaction. Holder may require Seller to sign a W-9 before issuing a check to Seller for liquidated damages of $600 or more. Such liquidated damages are a reasonable pre-estimate of Seller’s actual damages, which damages the parties agree are difficult to ascertain and are not a penalty.

Disbursement of Xxxxxxx Money. Holder shall disburse At such time as Escrow Agent receives written notice from Seller or Purchaser, or both, stating the xxxxxxx money upon: (1) the closing of Property; (2) a subsequent written agreement of Buyer and Seller; (3) an order of a court or arbitrator having jurisdiction over any dispute involving the xxxxxxx money; or (4) the failure identity of the parties to enter into a binding agreement (where there is no dispute over the formation or enforceability of the Agreement). In addition, Holder may disburse the xxxxxxx money upon a reasonable interpretation of the Agreement, provided that Holder first gives all parties at least ten (10) days notice stating to whom and why the disbursement will be made. Any party may object to the proposed disbursement by giving written notice of the same to Holder within the ten (10) day notice period. Objections not timely made in writing shall be deemed waived. If Holder receives an objection and, after considering it, decides to disburse the xxxxxxx money as originally proposed, Holder may do so and send notice to the parties of Holder’s action. If Holder decides to modify its proposed disbursement, Holder shall first send a new ten (10) day notice to the parties stating the rationale for the modification and to whom the disbursement will now Xxxxxxx Money or any Additional Xxxxxxx Money is to be made. Holder disbursed, Escrow Agent shall disburse such Xxxxxxx Money pursuant to such notice; provided, however, that if such notice is given by either Seller or Purchaser but not both, and the xxxxxxx money person to Seller by check whom the Xxxxxxx Money or any Additional Xxxxxxx Money is to be disbursed is other than the Closing Agent, the Escrow Agent shall notify the other party in the event Holder: (1) makes a reasonable interpretation writing of such notice and shall withhold disbursement of the Agreement that Xxxxxxx Money and any Additional Xxxxxxx Money for a period of five (5) business days after giving such notice. If the Agreement has been terminated due Escrow Agent receives written notice from either Seller or Purchaser within such five (5) business day period, which notice countermands or objects to Buyer’s default; and (2) sends the required ten (10) day earlier notice of disbursement, then Escrow Agent shall withhold such disbursement until both Seller and Purchaser can agree upon a disbursement of the proposed disbursement Xxxxxxx Money and any Additional Xxxxxxx Money. Notwithstanding the foregoing, if Purchaser notifies Escrow Agent on or before the expiration of the Inspection Period of its election to Buyer terminate this Agreement pursuant to Section 5, then no confirming notice from Seller shall be required by Escrow Agent, and Escrow Agent shall promptly disburse the Xxxxxxx Money as provided in Section 5 without requesting or waiting for confirming notice from Seller. The above-referenced check Additionally, if Seller notifies Escrow Agent of its election to terminate this Agreement pursuant to Subsection 24(b), then no confirming notice from Purchaser shall constitute liquidated damages in full settlement be required by Escrow Agent, and Escrow Agent shall promptly disburse the Xxxxxxx Money and any Additional Xxxxxxx Money to Purchaser without requesting or waiting for confirming notice from Purchaser. Seller and Purchaser agree to send to the other a duplicate copy of all claims of Seller against Buyer and the Brokers in this transaction. Holder may require Seller any written notice sent to sign Escrow Agent requesting disbursement or countermanding or objecting to a W-9 before issuing a check to Seller request for liquidated damages of $600 or more. Such liquidated damages are a reasonable pre-estimate of Seller’s actual damages, which damages the parties agree are difficult to ascertain and are not a penaltydisbursement.

Disbursement of Xxxxxxx Money. Holder shall disburse the xxxxxxx money upon: (1) the closing of Property; (2) a subsequent written agreement of Buyer and Seller; (3) an order of a court or arbitrator having jurisdiction over any dispute involving the xxxxxxx money; or (4) the failure fa lure of the parties to enter into a binding agreement (where there is no dispute over the formation or enforceability of the Agreement). In addition, Holder may disburse the xxxxxxx money upon a reasonable interpretation of the Agreement, provided that Holder first gives all parties at least ten (10) days notice stating to whom and why the disbursement will be made. Any party may object to the proposed disbursement by giving written notice of the same to Holder within the ten (10) day notice period. Objections not timely made in writing shall be deemed waived. If Holder receives an objection and, after considering it, decides to disburse the xxxxxxx money as originally proposed, Holder may do so and send notice to the parties of Holder’s action. If Holder decides to modify its proposed disbursement, Holder shall first send a new ten (10) day notice to the parties stating the rationale for the modification and to whom the disbursement will now be made. Holder shall disburse the xxxxxxx money to Seller by check in the event Holder: (1) makes a reasonable interpretation of the Agreement that the Agreement has been terminated due to Buyer’s default; and (2) sends the required ten (10) day notice of the proposed disbursement to Buyer and Seller. The above-referenced check shall constitute liquidated damages in full settlement of all claims of Seller against Buyer and the Brokers in this transaction. Holder may require Seller to sign a W-9 before issuing a check to Seller for liquidated damages of $600 or more. Such liquidated damages are a reasonable pre-estimate of Seller’s actual damages, which damages the parties agree are difficult to ascertain and are not a penalty.

Disbursement of Xxxxxxx Money. The disbursement of Xxxxxxx Money held by Escrow Holder shall disburse may occur only (a) at the xxxxxxx money upon: Closing in accordance with approved Closing Statement, (1b) the closing of Property; (2) a subsequent upon written agreement of Buyer and Seller; signed by all parties having an interest in the Xxxxxxx Money, (3c) an order of upon a court or arbitrator having jurisdiction over order, (d) upon failure of any dispute involving the xxxxxxx money; contingency in this Agreement, or (4e) the upon failure of either party to fulfill the parties to enter into a binding agreement (where there is no dispute over the formation or enforceability of the obligations contained in this Agreement). In addition, Escrow Holder may disburse the xxxxxxx money upon a reasonable interpretation of the Agreement, this Agreement provided that Escrow Holder first gives all parties at least ten (10) days written notice stating to whom and why the disbursement will be made. Any party may object to the proposed disbursement by giving written notice of the same to Escrow Holder within the a ten (10) day notice periodperiod following receipt of the proposed disbursement by Escrow Holder. Objections not timely made in writing to the proposed disbursement of the Xxxxxxx Money by the Escrow Holder shall be deemed waived. If Escrow Holder receives an objection and, after considering it, decides to disburse the xxxxxxx money Xxxxxxx Money as originally proposed, Escrow Holder may do so and send notice to the parties of the actions of the Escrow Holder’s action. If Escrow Holder decides to modify its Escrow Holder's original proposed disbursement, Escrow Holder shall first send a new ten (10) day written notice to the parties stating the Escrow Holder's rationale for the modification and to whom the disbursement will now be made. Based on the revised proposed disbursement delivered by Escrow Holder to the parties, Escrow Holder shall not disburse the xxxxxxx money to Seller by check in until the event Holder: (1) makes a reasonable interpretation end of the Agreement that the Agreement has been terminated due to Buyer’s default; and (2) sends the required ten (10) day notice period. Following the resolution process stated hereinabove, if Escrow Holder is of the proposed disbursement opinion that a dispute still exists between any of the parties, Escrow Holder shall have the option to Buyer file an interpleader action and Sellerinterplead the funds into a court of competent jurisdiction if Escrow Holder is uncertain who is entitled to the Xxxxxxx Money. The aboveIn any such interpleader action filed in good faith by Escrow Holder, Escrow Holder shall be entitled to recover from the non-referenced check prevailing party Escrow Holder's reasonable attorney fees and costs and the prevailing party in any interpleader actions shall constitute liquidated damages in full settlement of all claims be entitled to recover from the non-prevailing party its reasonable attorney fees and costs. Notices required to be sent by this section shall be sent by overnight carrier, such as FedEx or UPS next day delivery no signature required, to the street addresses of Seller against Buyer and Purchaser appearing on the Brokers in this transaction. signature page, and to the Auction Company at its last known address and to the Escrow Holder may require Seller at the address stated hereinabove with notice being given as of the delivery date of the written notice to sign a W-9 before issuing a check to Seller for liquidated damages of $600 or more. Such liquidated damages are a reasonable pre-estimate of Seller’s actual damages, which damages the parties agree are difficult to ascertain and are not a penaltyparties.

Disbursement of Xxxxxxx Money. Holder shall disburse At such time as Escrow Agent receives written notice from Seller or Purchaser, or both, stating the xxxxxxx money upon: (1) the closing of Property; (2) a subsequent written agreement of Buyer and Seller; (3) an order of a court or arbitrator having jurisdiction over any dispute involving the xxxxxxx money; or (4) the failure identity of the parties to enter into a binding agreement (where there is no dispute over the formation or enforceability of the Agreement). In addition, Holder may disburse the xxxxxxx money upon a reasonable interpretation of the Agreement, provided that Holder first gives all parties at least ten (10) days notice stating to whom and why the disbursement will be made. Any party may object to the proposed disbursement by giving written notice of the same to Holder within the ten (10) day notice period. Objections not timely made in writing shall be deemed waived. If Holder receives an objection and, after considering it, decides to disburse the xxxxxxx money as originally proposed, Holder may do so and send notice to the parties of Holder’s action. If Holder decides to modify its proposed disbursement, Holder shall first send a new ten (10) day notice to the parties stating the rationale for the modification and to whom the disbursement will now Xxxxxxx Money or any Additional Xxxxxxx Money is to be made. Holder disbursed, Escrow Agent shall disburse such Xxxxxxx Money pursuant to such notice; provided, however, that if such notice is given by either Seller or Purchaser but not both, and the xxxxxxx money person to Seller by check whom the Xxxxxxx Money or any Additional Xxxxxxx Money is to be disbursed is other than the Closing Agent, the Escrow Agent shall notify the other party in the event Holder: (1) makes a reasonable interpretation writing of such notice and shall withhold disbursement of the Agreement that Xxxxxxx Money and any Additional Xxxxxxx Money for a period of five (5) business days after giving such notice. If the Agreement has been terminated due Escrow Agent receives written notice from either Seller or Purchaser within such five (5) business day period, which notice countermands or objects to Buyer’s default; and (2) sends the required ten (10) day earlier notice of disbursement, then Escrow Agent shall withhold such disbursement until both Seller and Purchaser can agree upon a disbursement of the proposed disbursement Xxxxxxx Money and any Additional Xxxxxxx Money. Notwithstanding the foregoing, if Purchaser notifies Escrow Agent on or before the expiration of the Inspection Period of its election to Buyer terminate this Agreement pursuant to Section 5, then no confirming notice from Seller shall be required by Escrow Agent, and Escrow Agent shall promptly disburse the Xxxxxxx Money as provided in Section 5 without requesting or waiting for confirming notice from Seller. The above-referenced check Additionally, if Seller notifies Escrow Agent of its election to terminate this Agreement pursuant to Subsection 24(b), then no confirming notice from Purchaser shall constitute liquidated damages in full settlement be required by Escrow Agent, and Escrow Agent shall promptly disburse the Xxxxxxx Money and any Additional Xxxxxxx Money to Purchaser without requesting or waiting for confirming notice from Purchaser. Seller and Xxxxxxxxx agree to send to the other a duplicate copy of all claims of Seller against Buyer and the Brokers in this transaction. Holder may require Seller any written notice sent to sign Escrow Agent requesting disbursement or countermanding or objecting to a W-9 before issuing a check to Seller request for liquidated damages of $600 or more. Such liquidated damages are a reasonable pre-estimate of Seller’s actual damages, which damages the parties agree are difficult to ascertain and are not a penaltydisbursement.

Disbursement of Xxxxxxx Money. Holder shall disburse the xxxxxxx money upon: (1) the closing of Property; (2) a subsequent subse uent written agreement of Buyer and Seller; (3) an order of a court or arbitrator having jurisdiction over any dispute involving the xxxxxxx money; or (4) the failure of the parties to enter into a binding agreement (where there is no dispute over the formation or enforceability of the Agreement). In addition, Holder may disburse the xxxxxxx money upon a reasonable interpretation of the Agreement, provided that Holder first gives all parties at least ten (10) days notice stating to whom and why the disbursement will be mademad . Any party may object to the proposed disbursement by giving written notice of the same to Holder within the ten (10) day notice period. Objections not timely made in writing shall be deemed waived. If Holder receives an objection and, after considering it, decides to disburse the xxxxxxx money as originally proposed, Holder may do so and send notice to the parties of Holder’s action. If Holder decides to modify its proposed disbursement, Holder shall first send a new ten (10) day notice to the parties stating the rationale for the modification and to whom the disbursement will now be made. Holder shall disburse the xxxxxxx money to Seller by check in the event Holder: (1) makes a reasonable interpretation of the Agreement that the Agreement has been terminated due to Buyer’s defaultd fault; and (2) sends the required ten (10) day notice of the proposed disbursement to Buyer and Seller. The above-referenced check shall constitute liquidated damages in full settlement of all claims of Seller against Buyer and the Brokers in this transaction. Holder may require Seller to sign a W-9 before issuing a check to Seller for liquidated damages of $600 or more. Such liquidated damages are a reasonable pre-estimate of Seller’s actual damages, which damages the parties agree are difficult to ascertain and are not a penalty.. INI

Disbursement of Xxxxxxx Money. Holder shall disburse the xxxxxxx money upon: (1) the closing of Property; (2) a subsequent written agreement of Buyer and Seller; (3) an order of a court or arbitrator having jurisdiction over any dispute involving the xxxxxxx money; or (4) the failure of the parties to enter into a binding agreement (where there is no dispute over the formation or enforceability of the Agreement). In addition, Holder Xxxxxx may disburse the xxxxxxx money upon a reasonable interpretation of the Agreement, provided that Holder Xxxxxx first gives all parties at least ten (10) days notice stating to whom and why the disbursement will be made. Any party may object to the proposed disbursement by giving written notice of the same to Holder within the ten (10) day notice period. Objections not timely made in writing shall be deemed waived. If Holder Xxxxxx receives an objection and, after considering it, decides to disburse the xxxxxxx money as originally proposed, Holder may do so and send notice to the parties of HolderXxxxxx’s action. If Holder Xxxxxx decides to modify its proposed disbursement, Holder shall first send a new ten (10) day notice to the parties stating the rationale for the modification and to whom the disbursement will now be made. Holder shall offer to disburse the xxxxxxx money to Seller by check in the event Holder: (1) makes a reasonable interpretation of the Agreement that the Agreement has been terminated due to Buyer’s default; and (2) sends the required ten (10) day notice of the proposed disbursement to Buyer and Seller. The above-referenced If Seller accepts the offer and Holder issues a check to Seller which is deposited by Seller, it shall constitute liquidated damages in full settlement of all claims of Seller against Buyer and the Brokers in this transaction. Holder may require Seller to sign a W-9 1099 before issuing a check to Seller for liquidated damages of $600 or more. Such liquidated damages are a reasonable pre-estimate of Seller’s actual damages, which damages the parties agree are difficult to ascertain and are not a penalty. Nothing herein shall prevent the Seller from declining the tender of the xxxxxxx money by the Holder. In such event, Holder, after giving Xxxxx and Seller the required ten (10) day notice of the proposed disbursement, shall disburse the xxxxxxx money to Buyer.

Disbursement of Xxxxxxx Money. Holder shall disburse the xxxxxxx money upon: (1) the closing of Property; (2) a subsequent written agreement of Buyer and Seller; (3) an order of a court or arbitrator ar itrator having jurisdiction over any dispute involving the xxxxxxx money; or (4) the failure of the parties to enter into a binding agreement (where there is no dispute over the formation or enforceability of the Agreement). In addition, Holder may disburse the xxxxxxx money upon a reasonable interpretation of the Agreement, provided that Holder first gives all parties at least ten (10) days notice stating to whom and why the disbursement will be made. Any party may object to the proposed disbursement by giving written notice n xxxx of the same to Holder within the ten (10) day notice period. Objections not timely made in writing shall be deemed waived. If Holder receives an objection and, after considering it, decides to disburse the xxxxxxx money as originally proposed, Holder may do so and send notice to the parties of Holder’s action. If Holder decides to modify its proposed disbursement, Holder shall first send sen a new ten (10) day notice to the parties stating the rationale for the modification and to whom the disbursement will now be made. Holder shall disburse the xxxxxxx money to Seller by check in the event Holder: (1) makes a reasonable interpretation of the Agreement A reement that the Agreement has been terminated due to Buyer’s default; and (2) sends the required ten (10) day notice of the proposed disbursement to Buyer and Seller. The above-referenced check shall constitute liquidated damages in full settlement of all claims of Seller against Buyer and the Brokers in this transaction. Holder may require Seller to sign a W-9 before befor issuing a check che k to Seller for liquidated damages of $600 or more. Such liquidated damages are a reasonable pre-estimate of Seller’s actual damagesd mages, which damages the parties agree are difficult to ascertain and are not a penalty.