Fees and Costs of the Escrow Agent. (a) The Escrow Agent shall be entitled to the reimbursement of any reasonable expenses (including but not limited to attorneys' fee and disbursements) actually incurred by it in the performance of its duties hereunder. Without limiting any other provision of this Agreement, the amount of such reimbursements will be borne by Pledgor, except as provided in paragraph 7(b) below.
(b) Notwithstanding any provision in this Agreement to the contrary, if Corporate Pledgor, Pledgor or Pledgee is determined to be in breach of or default under any of the provisions hereof, or has been determined by a court of competent jurisdiction to have delivered any written notice or instructions in bad faith or containing untrue statements, then such party shall bear: (i) all the costs and expenses of the Escrow Agent required to be paid by any party hereunder, and (ii) all costs and expenses (including but not limited to attorneys' fees and disbursements) incurred by each other party as a result of, or in connection with, such breach, default or dispute, or written notice or instruction; provided, however, that the foregoing shall not affect the Escrow Agent's right to seek payment from any party hereunder.
Fees and Costs of the Escrow Agent. (a) The aggregate amount of the costs, fees and expenses of the Escrow Agent in connection with the creation of the Escrow Fund created by this Agreement and in carrying out any of the duties, terms or provisions of this Agreement is a one-time fee in the amount of $600 payable upon receipt of an invoice from the Escrow Agent.
(b) Notwithstanding the preceding paragraph, the Escrow Agent shall be entitled to reimbursement from the District of reasonable out-of-pocket, legal or extraordinary expenses incurred in carrying out the duties, terms or provisions of this Agreement. Claims for such reimbursement may be made to the District and in no event shall such reimbursement be made from funds held by the Escrow Agent pursuant to this Agreement.
Fees and Costs of the Escrow Agent. The aggregate amount of the costs, fees and expenses of the Escrow Agent in connection with the creation of the escrow described in and created by this Escrow Agreement and in carrying out any of the duties, terms or provisions of this Escrow Agreement shall be paid concurrently with the issuance and delivery of the Bonds from moneys other than moneys in the Escrow Fund.
Fees and Costs of the Escrow Agent. (a) The aggregate amount of the costs and fees of the Escrow Agent in connection with the creation of the escrow described in and created by this Agreement and in carrying out any of the duties, terms or provisions of this Agreement is $ , which amount shall be paid by the City upon receipt of an invoice from the Escrow Agent.
(b) In addition, the Escrow Agent shall be entitled to reimbursement from the City of reasonable out-of-pocket, legal or extraordinary expenses incurred in carrying out the duties, terms or provisions of this Agreement. Claims for such reimbursement may be made to the City and in no event shall such reimbursement be made from funds held by the Escrow Agent pursuant to this Agreement.
Fees and Costs of the Escrow Agent. The aggregate amount of the costs, fees and expenses of the Escrow Agent in connection with the creation of the escrow described in and created by this Escrow Agreement and in carrying out any of the duties, terms or provisions of this Escrow Agreement shall be paid concurrently with the issuance and delivery of the Refunding Certificates from moneys other than moneys in the Escrow Fund. Notwithstanding the preceding paragraph, the Escrow Agent shall be entitled to reimbursement from the City of reasonable out-of-pocket, legal or extraordinary expenses incurred in carrying out the duties, terms or provisions of this Escrow Agreement. Claims for such reimbursement may be made to the City and in no event shall such reimbursement be made from funds held by the Escrow Agent pursuant to this Escrow Agreement. If the Escrow Agent is made a party to or intervenes in any litigation pertaining to this Agreement, the Escrow Agent shall be compensated reasonably by the District City for such extraordinary services and reimbursed for any and all claims, liabilities, losses, damages, fines, penalties, and expenses, including out-of-pocket and incidental expenses and legal fees occasioned thereby.
Fees and Costs of the Escrow Agent. (a) The aggregate amount of the costs, fees and expenses of the Escrow Agent in connection with the creation of the escrow described in and created by this Agreement and in carrying out any of the duties, terms or provisions of this Agreement is a one-time fee in the amount of $ payable on the date of the execution and delivery of this Agreement.
(b) Notwithstanding the preceding paragraph, the Escrow Agent will be entitled to reimbursement from the District of reasonable out-of-pocket, legal or extraordinary expenses incurred in carrying out the duties, terms or provisions of this Agreement. Claims for such reimbursement may be made to the District and in no event will such reimbursement be made from funds held by the Escrow Agent pursuant to this Agreement.
(c) If the Escrow Agent resigns prior to the expiration of this Agreement, the Escrow Agent shall rebate to the District a ratable portion of any fee previously paid by the District to the Escrow Agent for its services under this Agreement.
Fees and Costs of the Escrow Agent. The Investor and the --------------------------------------- Company, jointly and severally, agree to pay the fees and costs of the Escrow Agent according to its customary practices.
Fees and Costs of the Escrow Agent. (a) The aggregate amount of the costs, fees and expenses of the Escrow Agent in connection with the creation of the Escrow Fund created by this Agreement and in carrying out any of the duties, terms or provisions of this Agreement is (1) an upfront fee of $ , which amount shall be paid from money on deposit in the Costs of Issuance Fund, concurrently with the issuance and delivery of the Refunding Bonds, and (2) an annual fee in the amount of $ , payable upon receipt of an invoice from the Escrow Agent.
(b) Notwithstanding the preceding paragraph, the Escrow Agent shall be entitled to reimbursement from the District of reasonable out-of-pocket, legal or extraordinary expenses incurred in carrying out the duties, terms or provisions of this Agreement. Claims for such reimbursement may be made to the District and in no event shall such reimbursement be made from funds held by the Escrow Agent pursuant to this Agreement.
Fees and Costs of the Escrow Agent. (a) The Escrow agent shall not be entitled to a fee for its services hereunder. The Escrow agent shall, however, be entitled to the reimbursement of any reasonable expenses (including but not limited to attorneys' fee and disbursements) actually incurred by it in the performance of its duties hereunder. Without limiting any other provision of this Agreement, the amount of such reimbursements will be borne by the parties as follows: 50% by Glengarry on the one hand, and 50% by Rosewood on the other hand, except as provided in paragraph 7(b) below.
(b) Notwithstanding any provision in this Agreement to the contrary, if Glengarry or Rosewood is determined to be in breach of or default under any of the provisions hereof, or has been determined by a court of competent jurisdiction to have delivered any written notice or instructions in bad faith or containing untrue statements, then such party shall bear: (i) all the costs and expenses of the Escrow Agent required to be paid by any party hereunder, and (ii) all costs and expenses (including but not limited to attorneys' fees and disbursements) incurred by each other party as a result of, or in connection with, such breach, default or dispute, or written notice or instruction; provided, however, that the foregoing shall not affect the Escrow Agent's right to seek payment from any party hereunder.
Fees and Costs of the Escrow Agent. (a) The aggregate amount of the costs, fees and expenses of the Escrow Agent in connection with the creation of the escrow described in and created by this Agreement and in carrying out any of the duties, terms or provisions of this Agreement is an initial fee in the amount of $ payable on the date of the execution and delivery of this Agreement and an annual fee of $ billed in arrears and payable upon receipt of an invoice from the Escrow Agent.
(b) Notwithstanding the preceding paragraph, the Escrow Agent will be entitled to reimbursement from the District of reasonable out-of-pocket, legal or extraordinary expenses incurred in carrying out the duties, terms or provisions of this Agreement. Claims for such reimbursement may be made to the District and in no event will such reimbursement be made from funds held by the Escrow Agent pursuant to this Agreement.
(c) If the Escrow Agent resigns prior to the expiration of this Agreement, the Escrow Agent shall rebate to the District a ratable portion of any fee previously paid by the District to the Escrow Agent for its services under this Agreement.
