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 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 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 Auctioneer is authorized to disburse the xxxxxxx money upon: (upon the following events: 1) . The Closing of the closing of Property; (Transaction; 2) a . A subsequent written agreement of Buyer between Purchaser, Seller, and Seller; (Xxxxxxxxxx; 3) an . An order of a court Court or arbitrator Arbitrator having jurisdiction over any dispute involving the xxxxxxx money; or (; 4) . Failure of Purchaser to consummate the failure transaction due to no fault of Seller; 5. Failure of the parties Purchaser to enter into a binding agreement (where there is no dispute over consummate the formation or enforceability transaction due to fault of the Agreement)Seller; 6. In addition, Holder Auctioneer may disburse the xxxxxxx money upon a reasonable interpretation of the Agreementagreement, provided that Holder the Auctioneer first gives all parties at least ten (10) 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 Holder Auctioneer within the ten (10) 10 day notice period. Objections not timely made in writing shall be deemed waived. If Holder Xxxxxxxxxx receives an objection and, after considering it, decides to disburse the xxxxxxx money as originally proposed, Holder Auctioneer may do so and send notice to the parties Parties of HolderAuctioneer’s action. If Holder Xxxxxxxxxx decides to modify its proposed disbursement, Holder Auctioneer shall first send a new ten (10) 10 day notice to the parties Parties stating the rationale for the modification and to whom the their disbursement will now be made. Holder Should the xxxxxxx money be paid to Seller, Auctioneer shall disburse the tender said xxxxxxx money to Seller by check check, in the event HolderAuctioneer: (1) makes Makes a reasonable interpretation of the Agreement agreement that the Agreement agreement has been terminated due to BuyerPurchaser’s default; default and (2) sends the required ten (10) 10 day notice of the proposed disbursement to Buyer Purchaser 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 Purchaser and the Brokers Auctioneer 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. Nothing herein shall prevent the Seller from declining the tender of the xxxxxxx money by the Auctioneer. In such event, the Parties hereto release and discharge Auctioneer from any claims against Auctioneer related to the xxxxxxx money and shall not seek damages from Auctioneer by reason thereof or by reason of any other matter arising out of this contract or the transaction contemplated hereunder. (Provided, however, Seller shall not be relieved of its obligation to pay a commission to Auctioneer as set forth in both this agreement and the Real Estate Auction Agreement.) Should the xxxxxxx money be refunded to Purchaser after Auctioneer: (1) makes a reasonable interpretation of the agreement that the agreement has been terminated due to Seller’s default, and (2) sends the required 10-day notice of the proposed disbursement to Seller and Purchaser. If the check is accepted by Purchaser, it shall constitute a full, complete, and final settlement of all claims of Purchaser against Seller and Auctioneer in this transaction. In such event, the Parties hereto release and discharge Auctioneer from all claims Purchaser might have against Auctioneer related to the xxxxxxx money and shall not seek damages from Auctioneer by reason thereof or by reason of any other matter arising out of this contract or the transaction contemplated hereunder. (Seller shall not be relieved of its obligation to pay a commission to Auctioneer as set forth in this agreement and the Real Estate Auction Agreement provided the xxxxxxx money is returned to Purchaser and closing does not take place due to fault of Seller; or 7. If any dispute arises between Purchaser and Seller as to the final disposition of all or part of the xxxxxxx money, Auctioneer may, in its sole discretion, notify Purchaser and Seller in writing that Auctioneer is unable to resolve such dispute and may interplead all or any disputed part of the xxxxxxx money into court, whereupon Auctioneer shall be discharged from any further liability with respect to the xxxxxxx money deposit and shall be entitled to recover its fees and expenses, including attorneys’ fees in connection with said interpleader from the xxxxxxx money. In such event, the parties hereto release and discharge Auctioneer from any claims against Auctioneer related to the xxxxxxx money and shall not seek damages from Auctioneer by reason thereof or by reason of any other matter arising out of this contract or the transaction contemplated hereunder.

Disbursement of Xxxxxxx Money. Holder shall disburse the xxxxxxx money upon: (1) the closing Closing of the 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 that: 1) Holder first gives all parties at least ten (10) days notice stating to whom and why the disbursement will be made; and 2) no interpretation shall be made by Holder dividing the xxxxxxx money between Buyer and Seller. Any party party, real estate licensee or any other person having knowledge of or an interest in the disbursement of the xxxxxxx money may object to or provide information regarding the proposed disbursement by giving written notice of the same to Holder within the ten (10) day above referenced notice period. Objections not timely made in writing shall be deemed waived. If Holder Xxxxxx receives an objection or other information 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-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 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 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 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 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 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.of

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 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 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.of

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 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. 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 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.

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.

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.