Extraordinary Service Fees. In the event that the conditions of -------------------------- this Agreement are not promptly fulfilled, or if Escrow Agent renders any service not provided for in this Agreement at the joint request of O2DIESEL and Stockholders' Representative, or if the Indemnification Parties request a substantial modification of its terms, or if any controversy arises, or if Escrow Agent is made a party to, or intervenes in, any litigation pertaining to this escrow or its subject matter (each case, an "EXTRAORDINARY SERVICE"), Escrow Agent shall be reasonably compensated for such Extraordinary Services and reimbursed for all costs, reasonable attorney's fees, including allocated costs of in-house counsel, and expenses occasioned by such default, delay, controversy or litigation, and Escrow Agent shall have the right to retain all documents and/or other things of value at any time held by Escrow Agent in this escrow until such compensation, fees, costs, and expenses are paid. The Indemnification Parties jointly and severally promise to pay these sums in connection with Extraordinary Services upon demand, which sums shall be borne equally by O2DIESEL and the Stockholders (as a group).
Extraordinary Service Fees. Amount of charge will be agreed in writing and based upon the time, effort, and responsibility for those services provided which are beyond the scope of those contemplated by the Depositary Agreement as originally executed. Examples include, but are not necessarily limited to, default administration, participation in arbitration, legal or bankruptcy proceedings, etc.
Extraordinary Service Fees. If the conditions of this Agreement are not promptly fulfilled, or if Escrow Agent renders any service not provided for in this Agreement at the request of any Party or any Party requests a substantial modification of its terms, or if any controversy arises, or if the Escrow Agent is made a party to, or intervenes in, any litigation pertaining to the Escrow or its subject matter (each case, an “Extraordinary Service”), then the Escrow Agent shall be reasonably compensated for such Extraordinary Services and reimbursed for all costs, reasonable attorney’s fees, including allocated costs of in-house counsel, and expenses occasioned by such default, delay, controversy or litigation, and the Escrow Agent shall have the right to retain all documents and/or other things of value, including, without limitation, the Shareholder Escrow Property, the Financing Escrow Property, and the Rightholder Escrow Property, at any time held by the Escrow Agent in the Escrow until such compensation, fees, costs, and expenses are paid. Each of Chilco, the Shareholders and the Principal Shareholders, jointly and severally, promise to pay to Escrow Agent these sums in connection with Extraordinary Services upon demand by Escrow Agent, which sums shall be borne by Chilco after Closing. Chilco will then be entitled to reimbursement of one-half from the Principal Shareholders.
Extraordinary Service Fees. In the event that the conditions of this Escrow Agreement are not promptly fulfilled, or if Escrow Agent renders any service not provided for in this Escrow Agreement at the joint request of Verticalnet and the Shareholder, or if the Parties request a substantial modification of its terms, or if any controversy arises, or if Escrow Agent is made a party to, or intervenes in, any litigation pertaining to this escrow or its subject matter (each case, an “Extraordinary Service”), Escrow Agent shall be reasonably compensated for such Extraordinary Services and reimbursed for all costs, reasonable attorney’s fees, including allocated costs of in-house counsel, and expenses occasioned by such default, delay, controversy or litigation, and Escrow Agent shall have the right to retain all documents and/or other things of value at any time held by Escrow Agent in this escrow until such compensation, fees, costs, and expenses are paid. The Parties jointly and severally promise to pay these sums in connection with Extraordinary Services upon demand, which sums shall be borne equally by Verticalnet and the Shareholder. The Escrow Agent shall not be liable for anything done, suffered or omitted in good faith by it in accordance with the advice or opinion of any such counsel, accountants or other skilled person.
Extraordinary Service Fees. To the extent that AMC and Owner agree that Extraordinary Services are to be provided hereunder, additional fees shall be payable by Owner to AMC for such services as mutually agreed to by the Parties (the “Extraordinary Service Fees”). AMC shall be under no obligation to, and shall not, provide any Extraordinary Services unless and until the Parties execute a written agreement (an “Extraordinary Services Agreement”) outlining the scope of such Extraordinary Services and the Extraordinary Service Fees payable to AMC in connection therewith. An Extraordinary Services Agreement shall be attached to this Agreement and become a part hereof. All agreed upon fees and reasonable out-of-pocket costs and expenses of AMC incurred in connection with the provision of Extraordinary Services shall be reimbursed (subject to appropriate documentation) as an Owner Expense in accordance with the terms of the Extraordinary Services Agreement.
