DISPUTE - ESCROWEE RIGHTS. In the event either party objects to the disbursement of all or any part of the Liquidity Amount as provided above, Escrowee shall notify Subsidiary, Cordish Affiliate and Withdrawing Member of such dispute and shall hold the Liquidity Amount in escrow pending resolution of such objection by mutual agreement of the parties or by arbitration of same pursuant to the provisions of Section 6 hereof. After the disbursement of the full amount of the Liquidity Amount under the terms of this Agreement, Escrowee's duties and obligations hereunder shall cease. In the event of any dispute regarding disbursement of the Liquidity Amount, the party ultimately receiving the Liquidity Amount after resolution of such dispute shall be entitled to receive from the other party all the prevailing party's costs and expenses incurred in connection with the resolution of such dispute including, without limitation, all arbitration, court costs and reasonable attorney's fees.
Appears in 3 contracts
Samples: Contribution Agreement (Inland Western Retail Real Estate Trust Inc), Contribution Agreement (Inland Western Retail Real Estate Trust Inc), Contribution Agreement (Inland Western Retail Real Estate Trust Inc)
DISPUTE - ESCROWEE RIGHTS. In the event either party objects to the disbursement of all or any part of the Liquidity Amount as provided above, Escrowee shall notify Subsidiary, Cordish Affiliate and Withdrawing Member CR Affiliate of such dispute and shall hold the Liquidity Amount in escrow pending resolution of such objection by mutual agreement of the parties or by arbitration of same pursuant to the provisions of Section 6 hereof. After the disbursement of the full amount of the Liquidity Amount under the terms of this Agreement, Escrowee's duties and obligations hereunder shall cease. In the event of any dispute regarding disbursement of the Liquidity Amount, the party ultimately receiving the Liquidity Amount after resolution of such dispute shall be entitled to receive from the other party all the prevailing party's costs and expenses incurred in connection with the resolution of such dispute including, without limitation, all arbitration, court costs and reasonable attorney's fees.
Appears in 1 contract
Samples: Contribution Agreement (Inland Western Retail Real Estate Trust Inc)