Common use of ESCROWEE Clause in Contracts

ESCROWEE. The Title Company hereby acknowledges receipt of a fully executed copy of this Agreement and the First Payment referred to in the Agreement on April 17, 2000, and agrees to accept, hold, deliver and disburse the First Payment and Second Payment, together with all interest accrued thereon and received by the Title Company, strictly in accordance with the terms and provisions of this Agreement. In performing any of its duties hereunder, the Title Company shall not incur any liability to anyone for any damages, losses or expenses, except for negligence, willful default or breach of trust, and it shall accordingly not incur any liability with respect (i) to any action taken or omitted in good faith upon advice of its counsel, or (ii) to any action taken or omitted in reliance upon any instrument, including any written notice or instruction provided for in this Agreement, not only as to its due execution and the validity and effectiveness of its provisions, but also as to the truth and accuracy of any information contained therein, which the Title Company shall in good faith believe to be genuine, to have been signed or presented by a proper person or persons and to conform with the provisions of this Agreement. Seller and Buyer hereby agree to indemnify and hold harmless the Title Company against any and all losses, claims, damages, liabilities and expenses, imposed upon the Title Company or incurred by the Title Company in connection with its acceptance or the performance of its duties hereunder, including any litigation arising from this Agreement or involving the subject matter hereof, unless such losses, claims, damages, liabilities and expenses arise out of Title Company's negligence, willful default or breach of trust. In the event of a dispute between Seller and Buyer sufficient in the discretion of the Title Company to justify its doing so, the Title Company shall be entitled to tender into the registry of the District Court of Xxxxxx County, Florida, all money or property in its hands under this Agreement, together with such legal pleadings as it deems appropriate, and thereupon be discharged from all further duties and liabilities under this Agreement. Seller and Buyer shall bear all costs and expenses of such legal proceedings. First American Title Insurance Company By:/s/ L Xxxxxxxxxx Its: Closing Officer EXHIBIT "A" Commence at the Southeast corner of the SE 1/2 of the NE 1/2 of Section 00, Xxxxxxxx 00 Xxxxx, Xxxxx 00 Xxxx, xxxxxx County, Florida; thence N 89 52' 48"W. along the South line of said SE 1/2 of the NE 1/4 , 91.28 feet to a point on the easterly right- of-way line of U.S. Highway No. 441, (200.00' wide); thence N.26 43' 44" W. along said right-of-way line 278.88 feet for the Point of Beginning; thence continue N.26 43' 44"W. along, said right-of- way line 121.25 feet; thence continue N 26 43' 44" W. along said right-of-way line 184.04 feet; thence N.63 16' 16"E. 46.43 feet; thence East 58.89 feet; thene S 78 05'26" E., 67.84 feet; thence south 170.00 feet; thence East 2.41 feet; thence S.26 43' 44" E. parallel with the easterly right-of-way line of X.X. Xxxxxxx Xx. 000 (200 feet wide), 122.66 feet; thence West 87.00 feet to the Point of Beginning, together with the rights conferred in that certain Declaration of Easement recorded in Official Records Book 1298, Page 91, Public Records of Xxxxxx County, Florida.

ESCROWEE. The Title Company hereby acknowledges receipt of a fully executed copy of this Agreement and the First Payment referred to in the Agreement on April 17________________, 20002003, and agrees to accept, hold, deliver and disburse the First Payment and Second Payment, together with all interest accrued thereon and received by the Title Company, strictly in accordance with the terms and provisions of this Agreement. In performing any of its duties hereunder, the Title Company shall not incur any liability to anyone for any damages, losses or expenses, except for negligence, willful default or breach of trust, and it shall accordingly not incur any liability with respect (i) to any action taken or omitted in good faith upon advice of its counsel, or (ii) to any action taken or omitted in reliance upon any instrument, including any written notice or instruction provided for in this Agreement, not only as to its due execution and the validity and effectiveness of its provisions, but also as to the truth and accuracy of any information contained therein, which the Title Company shall in good faith believe to be genuine, to have been signed or presented by a proper person or persons and to conform with the provisions of this Agreement. Seller and Buyer hereby agree to indemnify and hold harmless the Title Company against any and all losses, claims, damages, liabilities and expenses, imposed upon the Title Company or incurred by the Title Company in connection with its acceptance or the performance of its duties hereunder, including any litigation arising from this Agreement or involving the subject matter hereof, unless such losses, claims, damages, liabilities and expenses arise out of Title Company's negligence, willful default or breach of trust. In the event of a dispute between Seller and Buyer sufficient in the discretion of the Title Company to justify its doing so, the Title Company shall be entitled to tender into the registry of the District Court of Xxxxxx Tarrant County, FloridaTexas, all money or property in its hands under this Agreement, together with such legal pleadings as it deems appropriate, and thereupon be discharged from all further duties and liabilities under this Agreement. Seller and Buyer shall bear all costs and expenses of such legal proceedings. First American Fidelity National Title Insurance Company By:/s/ L Xxxxxxxxxx By: ___/s/_Marti Robertson_______ Its: Closing Officer EXHIBIT "A" Commence at the Southeast corner of the SE 1/2 of the NE 1/2 of Section 00, Xxxxxxxx 00 Xxxxx, Xxxxx 00 Xxxx, xxxxxx County, Florida; thence N 89 52' 48"W. along the South line of said SE 1/2 of the NE 1/4 , 91.28 feet to a point on the easterly right- of-way line of U.S. Highway No. 441, (200.00' wide); thence N.26 43' 44" W. along said right-of-way line 278.88 feet for the Point of Beginning; thence continue N.26 43' 44"W. along, said right-of- way line 121.25 feet; thence continue N 26 43' 44" W. along said right-of-way line 184.04 feet; thence N.63 16' 16"E. 46.43 feet; thence East 58.89 feet; thene S 78 05'26" E., 67.84 feet; thence south 170.00 feet; thence East 2.41 feet; thence S.26 43' 44" E. parallel with the easterly right-of-way line of X.X. Xxxxxxx Xx. 000 (200 feet wide), 122.66 feet; thence West 87.00 feet to the Point of Beginning, together with the rights conferred in that certain Declaration of Easement recorded in Official Records Book 1298, Page 91, Public Records of Xxxxxx County, Florida.____Escrow Officer________

ESCROWEE. a. The Title Company hereby acknowledges Escrowee shall not be under any duty to deal with the property held by it hereunder with any greater degree of care than it uses when dealing with its own similar property. b. The Escrowee may act in reliance upon any instrument or signature believed by it to be genuine, and may assume that any person purporting to give any notice or receipt of a fully executed copy advice or to make any statement in connection with the provisions hereof has been duly authorized to do so. c. The Escrowee may act relative hereto in reliance upon advice of counsel in reference to any matter connected herewith, and shall not be liable for any mistake of fact or error of judgment, or for any acts or omissions of any kind, unless caused by its willful misconduct. d. In the event that the Escrowee shall be uncertain as to its duties or rights hereunder or shall receive one or more instructions, claims or demands from any of the parties hereto or from third persons with respect to the property held hereunder which, in its opinion, are in conflict with any other instructions it has received or any provision of this Agreement and the First Payment referred Agreement, it may refrain from taking any action other than to use reasonable care to keep safely said property until it shall be directed otherwise in the Agreement on April 17, 2000, and agrees to accept, hold, deliver and disburse the First Payment and Second Payment, together with all interest accrued thereon and received writing by the Title Companyother parties hereto and such third persons, strictly if any, or by a final order or judgment of a court of competent jurisdiction; or, alternatively, the Escrowee may resign and deliver the property to any party reasonably deemed appropriate by the Escrowee, upon which all obligations of the Escrowee hereunder shall cease and terminate. e. The Escrowee may at any time resign hereunder by giving at least ten (10) days' prior written notice thereof to the other parties hereto. Upon the effective date of such resignation, all property then held by the Escrowee hereunder shall be delivered to a joint designee of Xxxxxxx and Menlo. Upon making such delivery, all obligations of the Escrowee hereunder shall cease and terminate. If no such person shall have been designated by the date validly set hereunder for the Escrowee's resignation, all obligations of the Escrowee hereunder shall, nevertheless, cease and terminate. Its sole responsibility thereafter shall be to keep safely all property then held by it and to deliver the same to a person designated by both other parties hereto or in accordance with the terms and directions of a final order or judgment of a court of competent jurisdiction. f. Notwithstanding any other provisions of this Agreement. In performing any of its duties hereunderherein, no notice, demand, request or other communication to the Title Company Escrowee in connection herewith shall not incur any liability be binding on the Escrowee unless it is in writing, refers specifically to anyone for any damages, losses or expenses, except for negligence, willful default or breach of trust, and it shall accordingly not incur any liability with respect (i) to any action taken or omitted in good faith upon advice of its counsel, or (ii) to any action taken or omitted in reliance upon any instrument, including any written notice or instruction provided for in this Agreement, not only as to its due execution and the validity and effectiveness of its provisions, but also as is addressed to the truth Escrowee at 000 Xxxxxxxxxx Xxxxxxx, Xxxxxxxxxx, Xxx Xxxxxx 00000, Attention: Xxx X Xxxxxx, Esq. or such other address as the Escrowee may, at any time or from time to time, designate, and accuracy is actually received by the Escrowee at that address. g. The Escrowee is acting as a stakeholder at the request of the other parties hereto, and may continue to act as counsel to Menlo notwithstanding any information contained thereindispute among the parties hereto. h. This Agreement sets forth exclusively the duties of the Escrowee with respect to any and all matters pertinent hereto. Except as otherwise expressly provided herein, which the Title Company Escrowee shall in good faith believe to not refer to, and shall not be genuinebound by, to have been signed or presented by a proper person or persons and to conform with the provisions of this Agreementany other agreement. Seller and Buyer hereby agree to indemnify and hold harmless the Title Company against any and all losses, claims, damages, liabilities and expenses, imposed upon the Title Company or incurred by the Title Company in connection with its acceptance or the performance of its duties hereunder, including any litigation arising from this Agreement or involving the subject matter hereof, unless such losses, claims, damages, liabilities and expenses arise out of Title Company's negligence, willful default or breach of trust. In the event of a dispute between Seller and Buyer sufficient in the discretion of the Title Company to justify its doing so, the Title Company shall be entitled to tender into the registry of the District Court of Xxxxxx County, Florida, all money or property in its hands under this Agreement, together with such legal pleadings as it deems appropriate, and thereupon be discharged from all further duties and liabilities under this Agreement. Seller and Buyer shall bear all costs and expenses of such legal proceedings. First American Title Insurance Company By:/s/ L Xxxxxxxxxx Its: Closing Officer EXHIBIT "A" Commence at the Southeast corner of the SE 1/2 of the NE 1/2 of Section 00, Xxxxxxxx 00 Xxxxx, Xxxxx 00 Xxxx, xxxxxx County, Florida; thence N 89 52' 48"W. along the South line of said SE 1/2 of the NE 1/4 , 91.28 feet to a point on the easterly right- of-way line of U.S. Highway No. 441, (200.00' wide); thence N.26 43' 44" W. along said right-of-way line 278.88 feet for the Point of Beginning; thence continue N.26 43' 44"W. along, said right-of- way line 121.25 feet; thence continue N 26 43' 44" W. along said right-of-way line 184.04 feet; thence N.63 16' 16"E. 46.43 feet; thence East 58.89 feet; thene S 78 05'26" E., 67.84 feet; thence south 170.00 feet; thence East 2.41 feet; thence S.26 43' 44" E. parallel with the easterly right-of-way line of X.X. Xxxxxxx Xx. 000 (200 feet wide), 122.66 feet; thence West 87.00 feet to the Point of Beginning, together with the rights conferred in that certain Declaration of Easement recorded in Official Records Book 1298, Page 91, Public Records of Xxxxxx County, Florida.3.8

ESCROWEE. The Xxxxxxx Money Deposit (as defined below) shall be deposited with Commonwealth Land Title Insurance Company hereby acknowledges receipt of a fully executed copy of this Agreement and (Attention: Xxxxxxxx Mesh) (the First Payment referred to in the Agreement on April 17, 2000, "ESCROWEE"). Any escrow agent receiving funds or documents is authorized and agrees by acceptance thereof to accept, hold, deliver promptly deposit and to hold same in escrow and to disburse the First Payment and Second Payment, together with all interest accrued thereon and received by the Title Company, strictly same subject to clearance thereof in accordance with the terms and provisions conditions of this Agreement. Failure of the clearance of funds shall not excuse performance by the depositor. In performing any the event a party to this Agreement provides written notice of its duties dispute to Escrowee as to the disbursement of monies hereunder, the Title Company Escrowee shall not incur any liability continue to anyone for any damages, losses hold the monies which are the subject of this escrow until receipt of written instructions from both Purchaser and Seller directing it as to what to do with such funds or expenses, except for negligence, willful default or breach a judgment of trust, and it a court of competent jurisdiction shall accordingly not incur any liability with respect (i) to any action taken or omitted in good faith upon advice determine the rights of its counselthe parties hereto, or (ii) it may deposit all of the monies then held pursuant to this Agreement with any action taken or omitted court of competent jurisdiction located in reliance upon any instrumentHouston, including any written notice or instruction provided for in this Agreement, not only Texas. In the event of doubt as to its due execution and the validity and effectiveness of its provisions, but also as to the truth and accuracy of any information contained therein, which the Title Company shall in good faith believe to be genuine, to have been signed duties or presented by a proper person or persons and to conform with liabilities under the provisions of this Agreement. , the Escrowee may, in its sole discretion, continue to hold the monies which are the subject of this escrow until receipt of written instructions from both Purchaser and Seller and Buyer hereby agree directing it as to indemnify and hold harmless what to do with such funds or a judgment of a court of competent jurisdiction shall determine the Title Company against any and rights of the parties thereto, or it may deposit all losses, claims, damages, liabilities and expenses, imposed upon of the Title Company or incurred by the Title Company in connection with its acceptance or the performance of its duties hereunder, including any litigation arising from monies then held pursuant to this Agreement or involving with any court of competent jurisdiction located in Houston, Texas, which court shall have jurisdiction of the subject matter hereofdispute, unless and upon notifying all parties concerned of such lossesaction, claimsall liability on the part of the Escrowee shall fully terminate, damages, liabilities and expenses arise except to the extent of accounting for any monies theretofore delivered out of Title Company's negligence, willful default or breach of trustescrow. In the event of any suit wherein the Escrowee is made a dispute between Seller and Buyer sufficient party by virtue of acting as such Escrowee hereunder, or in the discretion event of any suit wherein Escrowee interpleads the Title Company to justify its doing sosubject matter of this escrow, the Title Company Escrowee shall be entitled to tender into the registry recover reasonable attorneys' fees and costs incurred through all levels of proceedings, said fees and costs to be charged and assessed as court costs in favor of the District Court prevailing party. Except for the willful misconduct or gross negligence of Xxxxxx County, Floridathe Escrowee, all money parties agree that the Escrowee shall not be liable to any party or property in its hands under person whomsoever from misdelivery to Purchaser or Seller of monies subject to this Agreementescrow, together with unless such legal pleadings as it deems appropriate, and thereupon misdelivery shall be discharged from all further duties and liabilities under due to willful breach of this Agreement. Seller and Buyer shall bear all costs and expenses of such legal proceedings. First American Title Insurance Company By:/s/ L Xxxxxxxxxx Its: Closing Officer EXHIBIT "A" Commence at the Southeast corner of the SE 1/2 of the NE 1/2 of Section 00, Xxxxxxxx 00 Xxxxx, Xxxxx 00 Xxxx, xxxxxx County, Florida; thence N 89 52' 48"W. along the South line of said SE 1/2 of the NE 1/4 , 91.28 feet to a point Agreement or gross negligence on the easterly right- of-way line part of U.S. Highway NoEscrowee. 441, (200.00' wide); thence N.26 43' 44" W. along said right-of-way line 278.88 feet for This SECTION 4.1 shall survive the Point of Beginning; thence continue N.26 43' 44"W. along, said right-of- way line 121.25 feet; thence continue N 26 43' 44" W. along said right-of-way line 184.04 feet; thence N.63 16' 16"E. 46.43 feet; thence East 58.89 feet; thene S 78 05'26" E., 67.84 feet; thence south 170.00 feet; thence East 2.41 feet; thence S.26 43' 44" E. parallel with the easterly right-of-way line of X.X. Xxxxxxx Xx. 000 (200 feet wide), 122.66 feet; thence West 87.00 feet to the Point of Beginning, together with the rights conferred in that certain Declaration of Easement recorded in Official Records Book 1298, Page 91, Public Records of Xxxxxx County, FloridaClosing.

ESCROWEE. The Title Company hereby acknowledges receipt of a fully executed copy of this Agreement and the First Payment referred to in the Agreement on April 17________________, 20002003, and agrees to accept, hold, deliver and disburse the First Payment and Second Payment, together with all interest accrued thereon and received by the Title Company, strictly in accordance with the terms and provisions of this Agreement. In performing any of its duties hereunder, the Title Company shall not incur any liability to anyone for any damages, losses or expenses, except for negligence, willful default or breach of trust, and it shall accordingly not incur any liability with respect (i) to any action taken or omitted in good faith upon advice of its counsel, or (ii) to any action taken or omitted in reliance upon any instrument, including any written notice or instruction provided for in this Agreement, not only as to its due execution and the validity and effectiveness of its provisions, but also as to the truth and accuracy of any information contained therein, which the Title Company shall in good faith believe to be genuine, to have been signed or presented by a proper person or persons and to conform with the provisions of this Agreement. Seller and Buyer hereby agree to indemnify and hold harmless the Title Company against any and all losses, claims, damages, liabilities and expenses, imposed upon the Title Company or incurred by the Title Company in connection with its acceptance or the performance of its duties hereunder, including any litigation arising from this Agreement or involving the subject matter hereof, unless such losses, claims, damages, liabilities and expenses arise out of Title Company's negligence, willful default or breach of trust. In the event of a dispute between Seller and Buyer sufficient in the discretion of the Title Company to justify its doing so, the Title Company shall be entitled to tender into the registry of the District Court of Xxxxxx Tarrant County, FloridaTexas, all money or property in its hands under this Agreement, together with such legal pleadings as it deems appropriate, and thereupon be discharged from all further duties and liabilities under this Agreement. Seller and Buyer shall bear all costs and expenses of such legal proceedings. First American Fidelity National Title Insurance Company By:/s/ L Xxxxxxxxxx By: ___Marti Robertson__________ Its: Closing Officer EXHIBIT "A" Commence at the Southeast corner of the SE 1/2 of the NE 1/2 of Section 00, Xxxxxxxx 00 Xxxxx, Xxxxx 00 Xxxx, xxxxxx County, Florida; thence N 89 52' 48"W. along the South line of said SE 1/2 of the NE 1/4 , 91.28 feet to a point on the easterly right- of-way line of U.S. Highway No. 441, (200.00' wide); thence N.26 43' 44" W. along said right-of-way line 278.88 feet for the Point of Beginning; thence continue N.26 43' 44"W. along, said right-of- way line 121.25 feet; thence continue N 26 43' 44" W. along said right-of-way line 184.04 feet; thence N.63 16' 16"E. 46.43 feet; thence East 58.89 feet; thene S 78 05'26" E., 67.84 feet; thence south 170.00 feet; thence East 2.41 feet; thence S.26 43' 44" E. parallel with the easterly right-of-way line of X.X. Xxxxxxx Xx. 000 (200 feet wide), 122.66 feet; thence West 87.00 feet to the Point of Beginning, together with the rights conferred in that certain Declaration of Easement recorded in Official Records Book 1298, Page 91, Public Records of Xxxxxx County, Florida._Escrow Officer___________