Common use of Indemnification of Escrow Holder Clause in Contracts

Indemnification of Escrow Holder. (a) If this Agreement or any matter relating hereto shall become the subject of any litigation or controversy, Buyer and Seller agree, jointly and severally, to hold Escrow Holder free and harmless from any loss or expense, including reasonable attorneys’ fees, that may be suffered by it by reason thereof, except for losses or expenses which may arise from Escrow Holder’s negligent or willful misconduct. If conflicting demands are made or notices served upon Escrow Holder with respect to this Agreement, the parties expressly agree that Escrow Holder shall be entitled to file a suit in interpleader and obtain an order from the court requiring the parties to interplead and litigate their several claims and rights among themselves. Upon the filing of the action in interpleader, Escrow Holder shall be fully released and discharged from any obligations imposed upon it by this Agreement.

Appears in 2 contracts

Samples: And Joint Escrow Instructions (O'Donnell Strategic Industrial REIT, Inc.), And Joint Escrow Instructions (O'Donnell Strategic Industrial REIT, Inc.)

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Indemnification of Escrow Holder. (a) If this Agreement or any matter relating hereto shall become the subject of any litigation or controversy, Buyer and Seller agree, jointly and severally, to hold Escrow Holder free and harmless from any loss or expense, including reasonable attorneys' fees, that may be suffered by it by reason thereof, except for losses or expenses which may arise from Escrow Holder’s 's negligent or willful misconduct. If conflicting demands are made or notices served upon Escrow Holder with respect to this Agreement, the parties expressly agree that Escrow Holder shall be entitled to file a suit in interpleader and obtain an order from the court requiring the parties to interplead and litigate their several claims and rights among themselves. Upon the filing of the action in interpleader, Escrow Holder shall be fully released and discharged from any obligations imposed upon it by this Agreement.

Appears in 2 contracts

Samples: Registration Rights Agreement (Meridian Industrial Trust Inc), Agreement of Purchase and Sale and Joint Escrow Instructions (Meridian Industrial Trust Inc)

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Indemnification of Escrow Holder. (a) If this Agreement or any matter relating hereto shall become the subject of any litigation or controversy, Buyer and Seller agree, jointly and severally, to hold Escrow Holder free and harmless from any loss or expense, including reasonable attorneys' fees, that may be suffered by it by reason thereof, thereof except for losses or expenses which as may arise from Escrow Holder’s 's negligent or willful misconduct. If conflicting demands are made or notices served upon Escrow Holder with respect to this Agreement, the parties expressly agree that Escrow Holder shall be entitled to file a suit in interpleader and obtain an order from the court requiring the parties to interplead and litigate their several claims and rights among themselves. Upon the filing of the action in interpleader, Escrow Holder shall be fully released and discharged from any obligations imposed upon it by this Agreement.

Appears in 1 contract

Samples: Purchase Agreement (Patriot Scientific Corp)

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