Common use of Fees and Expenses of Escrow Agent Clause in Contracts

Fees and Expenses of Escrow Agent. The Company agrees to pay the Escrow Agent the fees specified in the Escrow Agent’s fee schedule attached hereto as EXHIBIT A, in the manner set forth therein, unless otherwise agreed to by the parties in writing. The parties further agree that such fees shall be paid from interest on the Escrow Account only and not from principal. In the event the interest on the Escrow Account is insufficient to satisfy the full amount of fees payable hereunder, the Company shall be solely responsible for the payment of such fees, and the Escrow Agent shall not seek payment of the fees from subscribers or apply any principal deposited by subscribers in the Escrow Account against such fees. The fee agreed upon herein is intended as full consideration for the Escrow Agent’s services as contemplated by this Agreement; provided, however, that in the event (a) the Escrow Agent renders any material service not contemplated in this Agreement, (b) any material controversy arises hereunder, or (c) the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney’s fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from the Company, but not from the Escrow Account.

Fees and Expenses of Escrow Agent. The Company Cardinal Ethanol agrees to pay the Escrow Agent the fees specified in the Escrow Agent’s fee schedule attached hereto as EXHIBIT Exhibit A, in the manner set forth therein, unless otherwise agreed to by the parties in writing. The parties further agree that such fees shall be paid from interest on the Escrow Account escrow account only and not from principal. In the event the interest on the Escrow Account escrow account is insufficient to satisfy the full amount of fees payable hereunder, the Company Cardinal Ethanol shall be solely responsible for the payment of such fees, fees and the Escrow Agent shall not seek payment of the fees from subscribers investors or apply any principal deposited by subscribers investors in the Escrow Account escrow account against such fees. The fee agreed upon herein is intended as full consideration for the Escrow Agent’s services as contemplated by this Agreement; provided, however, that in the event (a) the Escrow Agent renders any material service not contemplated in this Agreement or there is any assignment of interest in the subject matter of this Agreement, (b) or any material modification hereof; or if any material controversy arises hereunder, or (c) the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney’s fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from the CompanyCardinal Ethanol, but not from the Escrow Accountescrow account.

Fees and Expenses of Escrow Agent. The Company E Energy Axxxx agrees to pay the Escrow Agent the fees specified in the Escrow Agent’s fee schedule attached hereto as EXHIBIT Exhibit A, in the manner set forth therein, unless otherwise agreed to by the parties in writing. The parties further agree that such fees shall be paid from interest on the Escrow Account escrow account only and not from principal. In the event the interest on the Escrow Account escrow account is insufficient to satisfy the full amount of fees payable hereunder, the Company E Energy Axxxx shall be solely responsible for the payment of such fees, fees and the Escrow Agent shall not seek payment of the fees from subscribers investors or apply any principal deposited by subscribers investors in the Escrow Account escrow account against such fees. The fee agreed upon herein is intended as full consideration for the Escrow Agent’s services as contemplated by this Agreement; provided, however, that in the event (a) the Escrow Agent renders any material service not contemplated in this Agreement or there is any assignment of interest in the subject matter of this Agreement, (b) or any material modification hereof; or if any material controversy arises hereunder, or (c) the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney’s fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from the CompanyE Energy Axxxx, but not from the Escrow Accountescrow account.

Fees and Expenses of Escrow Agent. The Company Homeland Energy agrees to pay the Escrow Agent the fees specified in the Escrow Agent’s fee schedule attached hereto as EXHIBIT Exhibit A, in the manner set forth therein, unless otherwise agreed to by the parties in writing. The parties further agree that such fees shall be paid from interest on the Escrow Account escrow account only and not from principal. In the event the interest on the Escrow Account escrow account is insufficient to satisfy the full amount of fees payable hereunder, the Company Homeland Energy shall be solely responsible for the payment of such fees, fees and the Escrow Agent shall not seek payment of the fees from subscribers investors or apply any principal deposited by subscribers investors in the Escrow Account escrow account against such fees. The fee agreed upon herein is intended as full consideration for the Escrow Agent’s services as contemplated by this Agreement; provided, however, that in the event (a) the Escrow Agent renders any material service not contemplated in this Agreement or there is any assignment of interest in the subject matter of this Agreement, (b) or any material modification hereof; or if any material controversy arises hereunder, or (c) the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney’s fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from the CompanyHomeland Energy, but not from the Escrow Accountescrow account.

Fees and Expenses of Escrow Agent. The Company agrees to pay the Escrow Agent the fees specified in the Escrow Agent’s fee schedule attached hereto as EXHIBIT A, in the manner set forth therein, unless otherwise agreed to by the parties in writing. The parties further agree that such fees shall be paid from interest on the Escrow Account only and not from the principal. In the event the interest on the Escrow Account is insufficient to satisfy the full amount of fees payable hereunder, the Company shall be solely responsible for the payment of such fees, and the Escrow Agent shall not seek payment of the fees from SHFSC or subscribers or apply any principal deposited by subscribers in the Escrow Account against such fees. The fee agreed upon herein is intended as full consideration for the Escrow Agent’s services as contemplated by this Agreement; provided, however, that in the event (a) the Escrow Agent renders any material service not contemplated in this Agreement, (b) any material controversy arises hereunder, or (c) the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney’s fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from the Company, but not from the Escrow Account. The Company agrees to pay these sums upon demand and the Escrow Agent may deduct such sums from the interest on the Escrow Account only and not from the principal deposited in the Escrow Account.

Fees and Expenses of Escrow Agent. The Company Highwater Ethanol agrees to pay the Escrow Agent the fees specified in the Escrow Agent’s fee schedule attached hereto as EXHIBIT Exhibit A, in the manner set forth therein, unless otherwise agreed to by the parties in writing. The parties further agree that such fees shall be paid from interest on the Escrow Account only and not from principal. In the event the interest on the Escrow Account is insufficient to satisfy the full amount of fees payable hereunder, the Company Highwater Ethanol shall be solely responsible for the payment of such fees, fees and the Escrow Agent shall not seek payment of the fees from subscribers investors or apply any principal deposited by subscribers investors in the Escrow Account escrow account or interest on the escrow account against such fees. .. The fee agreed upon herein is intended as full consideration for the Escrow Agent’s services as contemplated by this Agreement; provided, however, that in the event (a) the Escrow Agent renders any material service not contemplated in this Agreement or there is any assignment of interest in the subject matter of this Agreement, (b) or any material modification hereof; or if any material controversy arises hereunder, or (c) the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney’s fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from the CompanyHighwater Ethanol, but not from the Escrow Accountescrow account.

Fees and Expenses of Escrow Agent. The Company agrees to pay the Escrow Agent the fees specified in the Escrow Agent’s fee schedule attached hereto as EXHIBIT A, in the manner set forth therein, unless otherwise agreed to by the parties in writing. The parties further agree that such fees shall be paid by the Company and not from interest on the Escrow Account only and not or from the principal. In the event the interest on the Escrow Account is insufficient to satisfy the full amount of fees payable hereunder, the The Company shall be solely responsible for the payment of such fees, and the Escrow Agent shall not seek payment of the fees from SHFSC or subscribers or apply any interest or principal deposited by subscribers in the Escrow Account against such fees. The fee agreed upon herein is intended as full consideration for the Escrow Agent’s services as contemplated by this Agreement; provided, however, that in the event (a) the Escrow Agent renders any material service not contemplated in this Agreement, (b) any material controversy arises hereunder, or (c) the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney’s fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from the Company, but not from the Escrow Account.

Fees and Expenses of Escrow Agent. The Company FUEL agrees to pay the Escrow Agent the fees specified in the Escrow Agent’s fee schedule attached hereto as EXHIBIT Exhibit A, in the manner set forth therein, unless otherwise agreed to by the parties in writing. The parties further agree that such fees shall be paid from interest on the Escrow Account escrow account only and not from principal. In the event the interest on the Escrow Account escrow account is insufficient to satisfy the full amount of fees payable hereunder, the Company FUEL shall be solely responsible for the payment of such fees, fees and the Escrow Agent shall not seek payment of the fees from subscribers investors or apply any principal deposited by subscribers investors in the Escrow Account escrow account against such fees. The fee agreed upon herein is intended as full consideration for the Escrow Agent’s services as contemplated by this Agreement; provided, however, that in the event (a) the Escrow Agent renders any material service not contemplated in this Agreement or there is any assignment of interest in the subject matter of this Agreement, (b) or any material modification hereof; or if any material controversy arises hereunder, or (c) the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney’s fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from the CompanyFUEL, but not from the Escrow Accountescrow account.

Fees and Expenses of Escrow Agent. The Company agrees to pay Escrow Agent’s fees for its services hereunder shall be at the rate specified on Schedule 2 attached hereto, for so long as any portion of the Escrowed Funds are held by the Escrow Agent hereunder. The fees and expenses of the fees specified in Escrow Agent (including the Escrow Agent’s fee schedule attached hereto as EXHIBIT A, in the manner set forth therein, unless otherwise agreed to by the parties in writing. The parties further agree that such fees reasonable attorneys’ fees) shall be paid by the Buyer within ten (10) days after the Escrow Agent delivers to the Interested Parties a statement thereof, and any fees and expenses not so paid by the Interested Parties shall be paid out of the Escrowed Funds and shall constitute a priority over amounts due the Company or the Buyer from interest the Escrowed Funds. Any amounts paid to indemnify the Escrow Agent pursuant to Section 4 hereof (“Indemnification Costs”) shall also be borne equally by each (i.e. the Buyer, on the Escrow Account only and not from principal. In the event the interest on the Escrow Account is insufficient to satisfy the full amount of fees payable hereunder, the Company shall be solely responsible for the payment of such feesone hand, and the Escrow Agent shall not seek payment Company, on the other hand). To the extent that either the Buyer or the Company pay more than half of the fees from subscribers or apply any principal deposited by subscribers in the Escrow Account against such fees. The fee agreed upon herein is intended as full consideration for the Escrow Agent’s services as contemplated by this Agreement; provided, however, that in the event (a) and expenses of the Escrow Agent renders or more than half any material service not contemplated in Indemnification Costs for any reason, including, without limitation, because all of such fees and expenses and Indemnification Costs are paid out of the Escrowed Funds prior to any return of such Escrowed Funds to the Company pursuant to Section 3 of this Agreement, (b) any material controversy arises hereunder, or (c) the Escrow Agent is made a other party to any litigation pertaining to this Agreement, or shall promptly reimburse such party for the subject matter hereof, then the Escrow Agent shall be reasonably compensated for defaulting party’s share of such extraordinary services expenses and reimbursed for all costs and expenses, including reasonable attorney’s fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from the Company, but not from the Escrow AccountIndemnification Costs.

Fees and Expenses of Escrow Agent. The Company agrees to pay For its services hereunder, the Escrow Agent shall be entitled to a fee of $2,500 per annum, pro rated for any shorter period for which the Escrow Agent shall act hereunder, payable on a monthly basis. No increase in the rate of any fee charged by the Escrow Agent shall be valid hereunder unless previously approved in writing by Opus360. Such fees specified shall be paid or satisfied by Opus360. In addition, the Escrow Agent shall be reimbursed for all reasonable out-of-pocket expenses, reasonable disbursements and reasonable advances (including, but not limited to postage, courier, overnight mail insurance, money wire transfer, long distance telephone charges, facsimile and travel expenses), and including reasonable attorneys' fees and reasonable accounting fees, incurred by the Escrow Agent not in the ordinary course of the Escrow Agent’s fee schedule attached hereto as EXHIBIT A, in the manner set forth therein, unless otherwise agreed to by the parties in writing's business. The parties further agree that amount of such reimbursement shall be paid or satisfied by Opus360; PROVIDED, HOWEVER, to the extent such fees are attributable to a Claim Notice pursuant to Section 6 hereof in which an Opus360 Indemnified Party ultimately prevails whether pursuant to a Certified Judgment Notice, Joint Instructions or settlement, the amount of such fees shall be paid from interest on by the Escrow Account only Stockholders and Opus360 shall not from principal. In the event the interest on the Escrow Account is insufficient to satisfy the full amount of fees payable hereunder, the Company shall be solely responsible or liable for the payment or satisfaction of such fees, and the Escrow Agent shall not seek payment of the fees from subscribers or apply any principal deposited by subscribers in the Escrow Account against such fees. The fee agreed fees described in this subsection (d) do not include extraordinary services which will be priced according to the required time and scope of duties and shall be previously approved in writing by Opus360. The fees described in this subsection (d) shall be deemed earned in full upon herein is intended as full consideration for receipt by the Escrow Agent’s services as contemplated by this Agreement; provided, however, that in the event (a) the Escrow Agent renders any material service not contemplated in this Agreement, (b) any material controversy arises hereunder, or (c) the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent and no portion shall be reasonably compensated refundable for such extraordinary services and reimbursed for all costs and expensesany reason, including reasonable attorney’s feeswithout limitation, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from the Company, but not from the termination of this Escrow AccountAgreement.

Fees and Expenses of Escrow Agent. The Company Prairie Creek Ethanol agrees to pay to the Escrow Agent the fees specified in the Escrow Agent’s fee schedule attached hereto as EXHIBIT Exhibit A, in the manner set forth therein, unless otherwise agreed to by the parties in writing. The parties further agree that such fees shall be paid from interest on the Escrow Account only and not from principal. In the event the interest on the Escrow Account is insufficient to satisfy the full amount of fees payable hereunder, the Company Prairie Creek Ethanol shall be solely responsible for the payment of such fees, fees and the Escrow Agent shall not seek payment of the fees from subscribers investors or apply any principal deposited by subscribers investors in the Escrow Account escrow account or interest on the escrow account against such fees. The fee agreed upon herein is intended as full consideration for the Escrow Agent’s 's services as contemplated by this Agreement; provided, however, that in the event (a) the Escrow Agent renders any material service not contemplated in this Agreement or there is any assignment of interest in the subject matter of this Agreement, (b) or any material modification hereof; or if any material controversy arises hereunder, or (c) the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney’s 's fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from the Company, but not from the Escrow AccountPrairie Creek Ethanol as more specifically set forth in Section 8.C above.

Fees and Expenses of Escrow Agent. The Company East Coast agrees to pay the Escrow Agent the fees specified in the Escrow Agent’s fee schedule attached hereto as EXHIBIT Exhibit A, in the manner set forth therein, unless otherwise agreed to by the parties in writing. The parties further agree that such fees shall be paid from interest on the Escrow Account escrow account only and not from principal. In the event the interest on the Escrow Account escrow account is insufficient to satisfy the full amount of fees payable hereunder, the Company East Coast shall be solely responsible for the payment of such fees, fees and the Escrow Agent shall not seek payment of the fees from subscribers investors or apply any principal deposited by subscribers investors in the Escrow Account escrow account against such fees. The fee agreed upon herein is intended as full consideration for the Escrow Agent’s 's services as contemplated by this Agreement; provided, however, that in the event (a) the Escrow Agent renders any material service not contemplated in this Agreement or there is any assignment of interest in the subject matter of this Agreement, (b) or any material modification hereof; or if any material controversy arises hereunder, or (c) the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney’s 's fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from the CompanyEast Coast , but not from the Escrow Accountescrow account.

Fees and Expenses of Escrow Agent. The Company Maker hereby agrees to pay the Escrow Agent the fees specified compensation for its services as stated in the Escrow Agent’s fee schedule attached hereto as EXHIBIT A, in the manner set forth therein, unless otherwise agreed to by the parties in writing. Exhibit C. The parties Maker further agree agrees that such fees shall be paid from interest on the Escrow Account only and not from principal. In the event the interest on the Escrow Account is insufficient to satisfy the full amount of fees payable hereunder, the Company shall be solely responsible for the payment of such fees, and the Escrow Agent shall not seek payment be reimbursed upon request for expenses, disbursements and advances, including reasonable attorney’s fees, incurred or made by Escrow Agent in connection with carrying out its duties hereunder; provided, however, that between the Maker and Purchaser, any expenses, disbursements, and fees of Escrow Agent that shall be incurred by Escrow Agent as the result of any claim, dispute, or any other controversy arising hereunder shall be the obligation of the fees from subscribers party responsible for such expense, disbursement or apply any principal deposited by subscribers in the Escrow Account against such feesfee. The fee agreed upon herein for the services rendered hereunder is intended as full consideration compensation for the Escrow Agent’s 's services as contemplated by this Agreement; provided, however, that in the event (a) that the conditions for the disbursement of funds under this Agreement are not fulfilled, or the Escrow Agent renders any material service not contemplated in this Agreement, (b) or there is any assignment of interest in the subject matter of this Agreement, or any material modification hereof, or if any material controversy arises hereunder, or (c) the Escrow Agent is made a party to any litigation pertaining to this Agreement, Agreement or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney’s feesattorneys’ fees and expenses, occasioned by any such delay, controversy, litigation or event. If any amount due to the Escrow Agent hereunder is not paid within thirty (30) days of the date due, the Escrow Agent in its sole discretion may charge interest on such amount up to the highest rate permitted by applicable law. The Escrow Agent shall have, and is hereby granted, a prior lien upon the same shall be recoverable Escrowed Funds with respect to its unpaid fees, non-reimbursed expenses and unsatisfied indemnification rights, superior to the interests of any other persons or entities and is hereby granted the right to set off and deduct any unpaid fees, non-reimbursed expenses and unsatisfied indemnification rights from the Company, but not from the Escrow AccountEscrowed Funds.

Fees and Expenses of Escrow Agent. The Company GVBT agrees to pay the Escrow Agent the fees specified in Agent, as compensation for its services hereunder: a non-refundable start-up fee, payable upon the Escrow Agent’s fee schedule attached hereto as EXHIBIT A, in execution of this Agreement of $1,500 USD. It is understood that the manner set forth therein, unless otherwise fees and usual charges agreed to by the parties in writing. The parties further agree that such fees shall be paid from interest on the Escrow Account only and not from principal. In the event the interest on the Escrow Account is insufficient to satisfy the full amount for services of fees payable hereunder, the Company shall be solely responsible for the payment of such fees, and the Escrow Agent shall not seek payment of the fees from subscribers or apply any principal deposited by subscribers in the Escrow Account against such fees. The fee agreed upon herein is intended as full consideration be considered compensation for the Escrow Agent’s ordinary services as contemplated by this Agreement; provided, however, that in . In the event (a) that the Escrow Agent renders any material service conditions of this Agreement are not contemplated in this Agreement, (b) any material controversy arises hereunderpromptly fulfilled, or (c) if the parties request a substantial modification of its terms, or if any controversy arises, or if the Escrow Agent is made a party to to, or intervenes in, any litigation pertaining to this AgreementEscrow Agreement or its subject matter, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and shall be reimbursed for all costs and expensescosts, attorneys’ fees, including reasonable attorney’s feesallocated costs of in-house counsel, and expenses occasioned by any such default, delay, controversy, litigation or event, litigation. All fees and expenses reasonably incurred by the same Escrow Agent in discharging its duties in connection with this Agreement shall be recoverable from the Company, but not from responsibility of GVBT. If GVBT fails to pay any fee or other sums owing to the Escrow AccountAgent hereunder, then the Escrow Agent may pay out of and charge to the Escrow Shares all such fees and sums.

Fees and Expenses of Escrow Agent. The Company Prairie Creek Ethanol agrees to pay to the Escrow Agent the fees specified in the Escrow Agent’s fee schedule attached hereto as EXHIBIT Exhibit A, in the manner set forth therein, unless otherwise agreed to by the parties in writing. The parties further agree that such fees shall be paid from interest on the Escrow Account escrow account only and not from principal. In the event the interest on the Escrow Account escrow account is insufficient to satisfy the full amount of fees payable hereunder, the Company Prairie Creek Ethanol shall be solely responsible for the payment of such fees, fees and the Escrow Agent shall not seek payment of the fees from subscribers investors or apply any principal deposited by subscribers investors in the Escrow Account escrow account against such fees. The fee agreed upon herein is intended as full consideration for the Escrow Agent’s 's services as contemplated by this Agreement; provided, however, that in the event (a) the Escrow Agent renders any material service not contemplated in this Agreement or there is any assignment of interest in the subject matter of this Agreement, (b) or any material modification hereof; or if any material controversy arises hereunder, or (c) the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney’s 's fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from the Company, but not from the Escrow AccountPrairie Creek Ethanol as more specifically set forth in Section 8.C above.

Fees and Expenses of Escrow Agent. The Company Prairie Creek agrees to pay the Escrow Agent the fees specified in the Escrow Agent’s fee schedule attached hereto as EXHIBIT Exhibit A, in the manner set forth therein, unless otherwise agreed to by the parties in writing. The parties further agree that such fees shall be paid from interest on the Escrow Account only and not from principal. In the event the interest on the Escrow Account is insufficient to satisfy the full amount of fees payable hereunder, the Company Prairie Creek shall be solely responsible for the payment of such fees, fees and the Escrow Agent shall not seek payment of the fees from subscribers investors or apply any principal deposited by subscribers investors in the Escrow Account escrow account or interest on the escrow account against such fees. The fee agreed upon herein is intended as full consideration for the Escrow Agent’s 's services as contemplated by this Agreement; provided, however, that in the event (a) the Escrow Agent renders any material service not contemplated in this Agreement or there is any assignment of interest in the subject matter of this Agreement, (b) or any material modification hereof; or if any material controversy arises hereunder, or (c) the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney’s 's fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from the CompanyPrairie Creek, but not from the Escrow Accountescrow account.

Fees and Expenses of Escrow Agent. The Company Homeland Energy agrees to pay the Escrow Agent the fees specified in the Escrow Agent’s fee schedule attached hereto as EXHIBIT Exhibit A, in the manner set forth therein, unless otherwise agreed to by the parties in writing. The parties further agree that such fees shall be paid from interest on the Escrow Account only and not from principal. In the event the interest on the Escrow Account is insufficient to satisfy the full amount of fees payable hereunder, the Company Homeland Energy shall be solely responsible for the payment of such fees, fees and the Escrow Agent shall not seek payment of the fees from subscribers investors or apply any principal deposited by subscribers investors in the Escrow Account escrow account or interest on the escrow account against such fees. The fee agreed upon herein is intended as full consideration for the Escrow Agent’s services as contemplated by this Agreement; provided, however, that in the event (a) the Escrow Agent renders any material service not contemplated in this Agreement or there is any assignment of interest in the subject matter of this Agreement, (b) or any material modification hereof; or if any material controversy arises hereunder, or (c) the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney’s fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from the CompanyHomeland Energy, but not from the Escrow Accountescrow account.

Fees and Expenses of Escrow Agent. i. The Company agrees to pay the Escrow Agent the fees specified in the Escrow Agent’s fee schedule attached hereto as EXHIBIT A, in the manner set forth therein, unless otherwise agreed to by the parties in writing. The parties further agree that such fees shall be paid from interest on the Escrow Account only and not from principal. In the event the interest on the Escrow Account is insufficient to satisfy the full amount of fees payable hereunder, the Company shall be solely responsible for the payment of such fees, and the Escrow Agent shall not seek payment of the receive any fees from subscribers or apply any principal deposited by subscribers for its services hereunder. However, except as otherwise provided in the Escrow Account against such fees. The fee agreed upon herein is intended as full consideration for the Escrow Agent’s services as contemplated by this Agreement; provided, however, that in the event (aSection 8(d)(ii) the Escrow Agent renders any material service not contemplated in this Agreement, (b) any material controversy arises hereunder, or (c) the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs reasonable expenses, disbursements and expensesadvances, including reasonable attorney’s attorneys’ fees, occasioned incurred by any delaythe Escrow Agent in connection with carrying out its ordinary duties to maintain the Escrow Shares and deliver such Escrow Shares pursuant to this Agreement. The amount of such reimbursement shall be paid one half (½) by Seller and one half (½) by the Buying Parties. The Escrow Agent shall periodically xxxx Seller for such fees and expenses in accordance with its customary billing practices. ii. Seller, controversy, litigation or eventon the one hand, and the same Buying Parties, on the other hand, agree that if the Escrow Agent shall incur or suffer any other reasonable costs, charges, damages or attorneys’ fees on account of being the Escrow Agent or on account of having received the Escrow Shares hereunder (including, without limitation, costs, charges, damages and reasonable attorneys’ fees as a result of litigation involving this Agreement or the Escrow Shares other than by reason of the gross negligence or willful misconduct of the Escrow Agent), then such costs, charges, damages or fees (including, without limitation, reasonable attorneys’ fees incurred by the Escrow Agent in connection with any such litigation) shall be recoverable from paid one-half by the CompanyBuying Parties and one-half by the Seller, but not from or, in the Escrow Accountcase of any cost, charge, damage or fee arising as a result of litigation, in such manner as the court in which such litigation occurs may direct.

Fees and Expenses of Escrow Agent. The Company Highwater Ethanol agrees to pay the Escrow Agent the fees specified in the Escrow Agent’s fee schedule attached hereto as EXHIBIT Exhibit A, in the manner set forth therein, unless otherwise agreed to by the parties in writing. The parties further agree that such fees shall be paid from interest on the Escrow Account escrow account only and not from principal. In the event the interest on the Escrow Account escrow account is insufficient to satisfy the full amount of fees payable hereunder, the Company Highwater Ethanol shall be solely responsible for the payment of such fees, fees and the Escrow Agent shall not seek payment of the fees from subscribers investors or apply any principal deposited by subscribers investors in the Escrow Account escrow account against such fees. The fee agreed upon herein is intended as full consideration for the Escrow Agent’s services as contemplated by this Agreement; provided, however, that in the event (a) the Escrow Agent renders any material service not contemplated in this Agreement or there is any assignment of interest in the subject matter of this Agreement, (b) or any material modification hereof; or if any material controversy arises hereunder, or (c) the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney’s fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from the CompanyHighwater Ethanol, but not from the Escrow Accountescrow account.

Fees and Expenses of Escrow Agent. The Company Prairie Creek Ethanol agrees to pay to the Escrow Agent the fees specified in the Escrow Agent’s fee schedule attached hereto as EXHIBIT Exhibit A, in the manner set forth therein, unless otherwise agreed to by the parties in writing. The parties further agree that such fees shall be paid from interest on the Escrow Account only and not from principal. In the event the interest on the Escrow Account is insufficient to satisfy the full amount of fees payable hereunder, the Company Prairie Creek Ethanol shall be solely responsible for the payment of such fees, fees and the Escrow Agent shall not seek payment of the fees from subscribers or apply any principal deposited by subscribers in the Escrow Account escrow account or interest on the escrow account against such fees. The fee agreed upon herein is intended as full consideration for the Escrow Agent’s 's services as contemplated by this Agreement; provided, however, that in the event (a) the Escrow Agent renders any material service not contemplated in this Agreement or there is any assignment of interest in the subject matter of this Agreement, (b) or any material modification hereof; or if any material controversy arises hereunder, or (c) the Escrow Agent is made a party to any litigation pertaining to this Agreement, or the subject matter hereof, then the Escrow Agent shall be reasonably compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorney’s 's fees, occasioned by any delay, controversy, litigation or event, and the same shall be recoverable from the Company, but not from the Escrow AccountPrairie Creek Ethanol as more specifically set forth in Section 8.C above.