Escrow Provisions. (a) The parties acknowledge that the Escrow Agent is acting solely as a stakeholder at their request and for their convenience, that the Escrow Agent shall not be deemed to be the agent of either of the parties, and the Escrow Agent shall not be liable to either of the parties for any act or omission on its part, other than for its gross negligence or willful misconduct. Seller and Buyer shall jointly and severally indemnify and hold the Escrow Agent harmless from and against all costs, claims and expenses, including attorneys’ fees and disbursements, incurred in connection with the performance of the Escrow Agent’s duties hereunder.
Appears in 5 contracts
Samples: Agreement of Purchase and Sale, Agreement of Purchase and Sale (FRP Holdings, Inc.), Agreement of Purchase and Sale (Resource Real Estate Opportunity REIT II, Inc.)
Escrow Provisions. (a) The parties acknowledge that the Escrow Agent is acting solely as a stakeholder at their request and for their convenience, that the Escrow Agent shall not be deemed to be the agent of either of the parties, and the Escrow Agent shall not be liable to either of the parties for any act or omission on its part, other than for its gross negligence or willful misconduct. Seller and Buyer Xxxxx shall jointly and severally indemnify and hold the Escrow Agent harmless from and against all costs, claims and expenses, including attorneys’ fees and disbursements, incurred in connection with the performance of the Escrow Agent’s duties hereunder.
Appears in 2 contracts
Samples: Agreement of Purchase and Sale (Strategic Student & Senior Housing Trust, Inc.), Agreement of Purchase and Sale (Strategic Student & Senior Housing Trust, Inc.)
Escrow Provisions. (a) The parties acknowledge that the Escrow Agent is acting solely as a stakeholder at their request and for their convenience, that the Escrow Agent shall not be deemed to be the agent of either any of the parties, and the Escrow Agent shall not be liable to either any of the parties for any act or omission on its part, other than for its breach of this Agreement or its gross negligence or willful misconduct. Seller Sellers and Buyer shall jointly and severally indemnify and hold the Escrow Agent harmless from and against all costs, claims and expenses, including attorneys’ fees and disbursements, incurred in connection with the performance of the Escrow Agent’s duties hereunderhereunder (except to the extent resulting from its breach of this Agreement or its gross negligence or willful misconduct).
Appears in 2 contracts
Samples: Agreement of Purchase and Sale (Bluerock Residential Growth REIT, Inc.), Agreement of Purchase and Sale (Bluerock Residential Growth REIT, Inc.)
Escrow Provisions. (a) The parties acknowledge that the Escrow Agent is acting solely as a stakeholder at their request and for their convenience, that the Escrow Agent shall not be deemed to be the agent of either of the parties, and the Escrow Agent shall not be liable to either of the parties for any act or omission on its part, other than for its fraud, gross negligence or willful misconduct. Seller and Buyer shall jointly and severally indemnify and hold the Escrow Agent harmless from and against all costs, claims and expenses, including attorneys’ fees and disbursements, incurred in connection with the performance of the Escrow Agent’s duties hereunder.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Industrial Logistics Properties Trust)
Escrow Provisions. (a) The parties acknowledge that the Escrow Agent is acting solely as a stakeholder at their request and for their convenience, that the Escrow Agent shall not be deemed to be the agent of either of the parties, and the Escrow Agent shall not be liable to either of the parties for any act or omission on its part, other than for its gross negligence or willful misconduct. Seller and Buyer Xxxxx shall jointly and severally indemnify and hold the Escrow Agent harmless from and against all costs, claims and expenses, including attorneys’ fees and disbursements, incurred in connection with the performance of the Escrow Agent’s duties hereunderhereunder except to the extent arising in connection with Xxxxxx Agent’s gross negligence or willful misconduct.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Strategic Student & Senior Housing Trust, Inc.)
Escrow Provisions. (a) The parties acknowledge that the Escrow Agent is acting solely as a stakeholder at their request and for their convenience, that the Escrow Agent shall not be deemed to be the agent of either of the parties, and the Escrow Agent shall not be liable to either of the parties for any act or omission on its part, other than for its gross negligence or willful misconduct. Seller Sellers and Buyer shall jointly and severally indemnify and hold the Escrow Agent harmless from and against all costs, claims and expenses, including attorneys’ fees and disbursements, incurred in connection with the performance of the Escrow Agent’s duties hereunder.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (Douglas Emmett Inc)
Escrow Provisions. (a) The parties acknowledge that the Escrow Agent is acting solely as a stakeholder at their request and for their convenience, that the Escrow Agent shall not be deemed to be the agent of either of the parties, and the Escrow Agent shall not be liable to either of the parties for any act or omission on its part, other than for its gross negligence or willful misconduct. Seller and Buyer shall jointly and severally indemnify and hold the Escrow Agent harmless from and against all costs, claims and expenses, including attorneys’ fees and disbursements, incurred in connection with the performance of the Escrow Agent’s duties hereunder.
Appears in 1 contract
Samples: Agreement of Purchase and Sale (American Realty Capital New York City REIT, Inc.)