Common use of ESCROW AGENT AS CUSTODIAN; EXPENSES Clause in Contracts

ESCROW AGENT AS CUSTODIAN; EXPENSES. The Escrow Agent shall, for all purposes of this Escrow Agreement, be treated as and considered legally a custodian. The Escrow Agent shall be entitled to rely conclusively upon the written notice provided in Section 5 and may assume the genuineness of all signatures and documents and the authority of all signatories. The Escrow Agent shall have no liability except for gross negligence or willful misconduct in the performance of its duties under this Escrow Agreement. Kendxx xxx the Sellers, collectively, shall each assume and pay one half (1/2) of all costs and expenses of the Escrow Agent incurred in its capacity as the Escrow Agent under this Escrow Agreement. The fees of the Escrow Agent are set forth on Exhibit "B" attached hereto and incorporated herein.

Appears in 2 contracts

Samples: Escrow Agreement (Kendle International Inc), Escrow Agreement (Kendle International Inc)

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ESCROW AGENT AS CUSTODIAN; EXPENSES. The Escrow Agent shall, for all purposes of this Escrow Agreement, be treated as and considered legally a custodian. The Escrow Agent shall be entitled to rely conclusively upon the written notice provided in Section 5 and may assume the genuineness of all signatures and documents and the authority of all signatories. The Escrow Agent shall have no liability except for gross negligence or willful misconduct in the performance of its duties under this Escrow Agreement. Kendxx xxx the SellersSelling Group, collectively, shall each assume and pay one half (1/2) of all costs and expenses of the Escrow Agent incurred in its capacity as the Escrow Agent under this Escrow Agreement. The fees of the Escrow Agent are set forth on Exhibit "B" attached hereto to the Primary Escrow Agreement and incorporated herein.

Appears in 1 contract

Samples: Escrow Agreement (Kendle International Inc)

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ESCROW AGENT AS CUSTODIAN; EXPENSES. The Escrow Agent shall, for all purposes of this Escrow Agreement, be treated as and considered legally a custodian. The Escrow Agent shall be entitled to rely conclusively upon the written notice provided in Section 5 and may assume the genuineness of all signatures and documents and the authority of all signatories. The Escrow Agent shall have no liability except for gross negligence or willful misconduct in the performance of its duties under this Escrow Agreement. Kendxx xxx the SellersSelling Group, collectively, shall each assume and pay one half (1/2) of all costs and expenses of the Escrow Agent incurred in its capacity as the Escrow Agent under this Escrow Agreement. The fees of the Escrow Agent are set forth on Exhibit "B" attached hereto and incorporated herein.

Appears in 1 contract

Samples: Escrow Agreement (Kendle International Inc)

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