Escrow Cancellation Charges Due to a Default. Notwithstanding the provisions of Sections 9.3 and 9.4 above, if Escrow fails to close due to Seller's default, Seller shall pay all Escrow cancellation charges. If Escrow fails to close due to Buyer's default, Buyer shall pay all Escrow cancellation charges. If Escrow fails to close for any reason other than the foregoing, Buyer and Seller shall each pay one-half of any Escrow cancellation charges. "Escrow cancellation charges" means all fees, charges and expenses incurred by Escrow Agent, including all expenses incurred in connection with issuance of the Preliminary Report and other title matters.
Appears in 5 contracts
Samples: Purchase Agreement (Homefed Corp), Option to Purchase Agreement (Homefed Corp), Purchase Agreement (Homefed Corp)
