Common use of Opening of Escrow Clause in Contracts

Opening of Escrow. For purposes of this Agreement, as between the parties, the Escrow shall be deemed opened on the date Escrow Holder shall have received the Deposit from Buyer and a fully executed copy of the original or originally executed counterparts of this Agreement from Seller and Buyer (the “Opening of Escrow”). Escrow Holder shall notify Buyer and Seller, in writing, of the date Escrow is opened. In the event that Buyer has not made the Deposit on or before the date set forth above, Escrow shall not be deemed open, and Seller shall have the unilateral right to terminate this Agreement, and to request from Escrow Holder the return of all documents or other items provided by Seller to Escrow Holder, whereupon Escrow Holder shall return same. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder, or other instruments as may reasonably be required by Escrow Holder, in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, modify, or supersede any portions of this Agreement. In the event of any inconsistency between the provisions of such supplemental instructions and the provisions of this Agreement, the provisions of this Agreement shall control. If an executed counterpart of this Agreement is presented by a party (the “Presenting Party”) to the other party (the “Other Party”) or to Escrow Holder, the Presenting Party may revoke its execution and delivery hereof by giving written notice of same to the Other Party, at any time prior to the delivery by the Other Party of an executed counterpart of this Agreement to Escrow Holder and the Presenting Party. In the event that Buyer has not placed the Deposit into Escrow within two (2) business days of the date this Agreement is executed by Buyer and Seller, Seller shall have the right to revoke its delivery of its executed copy of this Agreement, and to terminate this Agreement, following which there shall be no obligations of any type whatsoever of Seller to Buyer or Buyer to Seller concerning the Property.

Appears in 3 contracts

Samples: Agreement of Purchase and Sale, Purchase and Sale Agreement (Industrial Income Trust Inc.), Purchase and Sale Agreement (Industrial Income Trust Inc.)

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Opening of Escrow. For purposes of this Agreement, as between the parties, the Escrow shall be deemed opened on the date Escrow Holder shall have received the Deposit from Buyer and Seller shall promptly deliver a fully executed copy of the original or originally executed counterparts of this Agreement from Seller to Escrow Holder (which delivery may be in counterparts), and Buyer (the date of Escrow Holder’s receipt thereof is referred to as the “Opening of Escrow”). ; provided, however, the parties’ electronic delivery of such counterparts may be used for the Opening of Escrow to the extent their “wet-ink” original counterparts are concurrently delivered to Escrow Holder via Federal Express or other overnight courier or personal delivery. Seller and Buyer shall notify Buyer execute and Sellerdeliver to Escrow Holder any additional or supplementary instructions as may be necessary or convenient to implement the terms of this Agreement and close the transactions contemplated hereby, provided such instructions are consistent with and merely supplement this Agreement and shall not in writingany way modify, of amend or supersede this Agreement. Such supplementary instructions, together with the date Escrow is opened. In the event that Buyer has not made the Deposit on or before the date escrow instructions set forth above, Escrow shall not be deemed open, and Seller shall have the unilateral right to terminate in this Agreement, as they may be amended from time to time by the parties, shall collectively be referred to as the “Escrow Instructions.” The Escrow Instructions may be amended and to request from supplemented by such standard terms and provisions as the Escrow Holder may request the return of all documents or other items provided by Seller parties hereto to Escrow Holderexecute; provided, whereupon however, that the parties hereto and Escrow Holder shall return same. Buyer acknowledge and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder, or other instruments as may reasonably be required by Escrow Holder, that in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, modify, or supersede any portions of this Agreement. In the event of a conflict between any inconsistency between the provisions provision of such supplemental instructions standard terms and the provisions of this Agreement, the provisions of this Agreement shall control. If an executed counterpart of this Agreement is presented by a party (the “Presenting Party”) to the other party (the “Other Party”) or to Escrow Holder, the Presenting Party may revoke its execution and delivery hereof by giving written notice of same to the Other Party, at any time prior to the delivery supplied by the Other Party of an executed counterpart of this Agreement to Escrow Holder and the Presenting Party. In Escrow Instructions, the event that Buyer has not placed the Deposit into Escrow within two (2) business days of the date this Agreement is executed by Buyer and Seller, Seller Instructions shall have the right to revoke its delivery of its executed copy of this Agreement, and to terminate this Agreement, following which there shall be no obligations of any type whatsoever of Seller to Buyer or Buyer to Seller concerning the Propertyprevail.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (City Office REIT, Inc.), Agreement of Purchase and Sale (Intuit Inc)

Opening of Escrow. For purposes of this Agreement, as between the parties, the Escrow shall be deemed opened on the date Escrow Holder shall have received the Deposit from Buyer and Seller shall promptly deliver a fully executed copy of the original or originally executed counterparts of this Agreement from Seller and Buyer (the “Opening of Escrow”). Escrow Holder shall notify Buyer and Seller, in writing, of the date Escrow is opened. In the event that Buyer has not made the Deposit on or before the date set forth above, Escrow shall not be deemed open, and Seller shall have the unilateral right to terminate this Agreement, and to request from Escrow Holder the return of all documents or other items provided by Seller to Escrow Holder, whereupon Escrow Holder shall return same. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder, or other instruments as may reasonably be required by Escrow Holder, in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, modify, or supersede any portions of this Agreement. In the event of any inconsistency between the provisions of such supplemental instructions and the provisions of this Agreement, the provisions of this Agreement shall control. If an executed counterpart of this Agreement is presented by a party (the “Presenting Party”) to the other party (the “Other Party”) or to Escrow Holder, the Presenting Party may revoke its execution and delivery hereof by giving written notice of same to the Other Party, at any time prior to the delivery by the Other Party of an executed counterpart of this Agreement to Escrow Holder (which delivery may be in counterparts), and the Presenting Partydate of Escrow Holder's receipt thereof is referred to as the "Opening of Escrow"; provided, however, the parties' electronic delivery of such counterparts may be used for the Opening of Escrow to the extent their "wet-ink" original counterparts are concurrently delivered to Escrow Holder via Federal Express or other overnight courier or personal delivery. In Seller and Buyer shall execute and deliver to Escrow Holder any additional or supplementary instructions as may be necessary or convenient to implement the event that Buyer has not placed the Deposit into Escrow within two (2) business days terms of the date this Agreement is executed by Buyer and Sellerclose the transactions contemplated hereby, Seller provided such instructions are consistent with and merely supplement this Agreement and shall have not in any way modify, amend or supersede this Agreement. Such supplementary instructions, together with the right to revoke its delivery of its executed copy of escrow instructions set forth in this Agreement, as they may be amended from time to time by the parties, shall collectively be referred to as the "Escrow Instructions." The Escrow Instructions may be amended and supplemented by such standard terms and provisions as the Escrow Holder may request the parties hereto to terminate this Agreementexecute; provided, following which there however, that the parties hereto and Escrow Holder acknowledge and agree that in the event of a conflict between any provision of such standard terms and provisions supplied by the Escrow Holder and the Escrow Instructions, the Escrow Instructions shall be no obligations of any type whatsoever of Seller to Buyer or Buyer to Seller concerning the Propertyprevail.

Appears in 2 contracts

Samples: Agreement of Purchase and Sale, Agreement of Purchase and Sale (Farmer Brothers Co)

Opening of Escrow. For purposes On or before the third (3rd) Business Day after the Execution Date, Transferee and Transferor shall cause an escrow (“Escrow”) to be opened with Escrow Agent by delivery to Escrow Agent of this Agreement, as between the parties, the Escrow shall be deemed opened on the date Escrow Holder shall have received the Deposit from Buyer and a fully executed copy of this Agreement. This Agreement shall constitute escrow instructions to Escrow Agent as well as the original or originally executed counterparts agreement of this Agreement from Seller and Buyer (the “Opening of Escrow”)parties. Escrow Holder shall notify Buyer Agent is hereby appointed and Sellerdesignated to act as Escrow Agent and instructed to deliver, in writing, pursuant to the terms of the date Escrow is opened. In the event that Buyer has not made the Deposit on or before the date set forth above, Escrow shall not be deemed open, and Seller shall have the unilateral right to terminate this Agreement, the documents and funds to request from be deposited into Escrow Holder the return of all documents or other items provided by Seller to Escrow Holder, whereupon Escrow Holder as herein provided. The parties hereto shall return same. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental execute such additional escrow instructions of (not inconsistent with this Agreement as determined by counsel for Transferee and Transferor) as Escrow HolderAgent shall deem reasonably necessary for its protection, or other instruments including Escrow Agent’s general provisions (as may reasonably be required modified by Transferee, Transferor and Escrow Holder, in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, modify, or supersede any portions of this AgreementAgent). In the event of any inconsistency between the provisions of this Agreement and such supplemental instructions and the provisions of this Agreementadditional escrow instructions, the provisions of this Agreement shall controlgovern. If an executed counterpart of this Agreement is presented by a party (the “Presenting Party”) to the other party (the “Other Party”) or to Escrow Holder, the Presenting Party may revoke its execution and delivery hereof by giving written notice of same to the Other PartyIf, at any time prior time, (a) Transferor and Transferee shall be in dispute or give conflicting instructions to Escrow Agent with respect to the delivery by holding or disposition of all or any portion of the Other Party escrowed funds or escrowed documents or any other obligations of an executed counterpart Escrow Agent hereunder or (b) Escrow Agent is unable to determine the proper disposition of all or any portion of the escrowed funds or escrowed documents or Escrow Agent’s proper actions with respect to its obligations hereunder, then Escrow Agent may suspend the performance of any of its obligations (including, without limitation, any disbursement obligations) under this Agreement to Escrow Holder until Transferor and the Presenting Party. In the event that Buyer has not placed the Deposit into Escrow within two (2) business days of the date Transferee provide joint instructions in accordance with this Agreement or such dispute or uncertainty is executed by Buyer and Seller, Seller shall have the right to revoke its delivery of its executed copy of this Agreement, and to terminate this Agreement, following which there shall be no obligations of any type whatsoever of Seller to Buyer or Buyer to Seller concerning the Propertyresolved in accordance with Section 16.19 hereof.

Appears in 2 contracts

Samples: Acquisition and Contribution Agreement (Colonial Realty Limited Partnership), Acquisition and Contribution Agreement (Colonial Realty Limited Partnership)

Opening of Escrow. For purposes of this Agreement, as between the parties, the Escrow shall be deemed opened on the date Escrow Holder shall have received the Deposit from Buyer and a fully executed copy of the original or originally executed counterparts of this Agreement from Seller and Buyer (the “Opening of Escrow”). Escrow Holder shall notify Buyer and Seller, in writing, of the date Escrow is opened. In the event that Buyer has not made the Deposit on or before the date set forth above, Escrow shall not be deemed open, and Seller shall have the unilateral right to terminate this Agreement, and to request from Escrow Holder the return of all documents or other items provided by Seller to Escrow Holder, whereupon Escrow Holder shall return same. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder, or other instruments as may reasonably be required by Escrow Holder, in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, modify, or supersede any portions of this Agreement. In the event of any inconsistency between the provisions of such supplemental instructions and the provisions of this Agreement, the provisions of this Agreement shall control. If an executed counterpart of this Agreement is presented by a party (the “Presenting Party”) to the other party (the “Other Party”) or to Escrow Holder, the Presenting Party may revoke its execution and delivery hereof by giving written notice of same to the Other Party, at any time prior to the delivery by the Other Party of an executed counterpart of this Agreement to Escrow Holder and the Presenting Party. In the event that Buyer has not placed the Deposit into Escrow within Within two (2) business days after the execution and delivery of this Agreement, Buyer shall deposit with Chicago Title Insurance Company (the “Escrow Holder” and/or the “Title Company”), having its office at 000 X. Xxxxxxxxxxx Xxxx, Xxx Xxxxxxxxxx, Xx. 00000, Attn: Xxxxx Xxxxxx, a fully executed original or original counterpart(s) of this Agreement and the sum of Two Million and No/100 Dollars ($2,000,000) (the “First Deposit”) in good funds either by certified bank or cashier’s check or by federal wire transfer. Buyer shall deposit with the Escrow Holder the sum of Three Million and No/100 Dollars ($3,000,000) (the “Second Deposit”) in good funds either by certified bank or cashier’s check or by federal wire transfer not later than fifteen (15) days after the Effective Date. In the event Buyer does not timely make such Second Deposit, time being of the essence, this Agreement shall terminate and Seller shall be entitled, as its sole remedy, to retain the First Deposit and neither party shall have any further obligations to the other hereunder, except for those provisions which survive the termination of the Agreement. The First Deposit and the Second Deposit, together with any interest thereon as provided herein, shall hereinafter be referred to collectively as the “Deposit.” “Opening of Escrow” shall be the date upon which a fully executed copy of this Agreement and the First Deposit have been delivered to the Escrow Holder. The Escrow Holder shall give Buyer and Seller and their respective counsels written notice of the date this Agreement is executed by of Opening of Escrow. Escrow Holder shall hold the Deposit in an interest-bearing account of a federally insured bank or savings and loan association reasonably acceptable to Buyer and Seller, Seller and shall have otherwise handle the right to revoke its delivery of its executed copy Deposit in accordance with the terms, and conditions of this Agreement. All interest accrued on the Deposit shall be added to and become part of the Deposit. The entire Deposit together with all interest accrued thereon shall be credited to the Purchase Price upon the close of Escrow. Buyer shall be responsible for the payment of all costs and fees imposed on the Deposit account other than Escrow Holder’s fees which shall be paid equally by Buyer and Seller (except as otherwise expressly provided herein). The failure of Buyer to timely deliver any portion of the Deposit hereunder shall be a material default, and if such default is not cured within one (1) business day after Buyer’s receipt of written notice from Seller, then such default shall entitle Seller, at Seller’s sole option, to terminate this Agreement immediately. Except as otherwise specifically provided in this Agreement, following which there the Deposit (including the accrued interest) thereon shall be no obligations non-refundable. The parties agree that the Deposit shall serve as the Deposit under both this Agreement and the Related Agreement (as defined below), and that the entire Deposit shall not be applied to the Purchase Price or returned to Buyer, until the Closing or termination of any type whatsoever the later of Seller to Buyer this Agreement and the Related Agreement, and in each case in accordance with the terms of this Agreement or Buyer to Seller concerning the PropertyRelated Agreement, as applicable.

Appears in 1 contract

Samples: Purchase and Sale Agreement (NNN 2003 Value Fund LLC)

Opening of Escrow. For purposes Within three (3) business days following the mutual execution of this Agreement, as between Optionor and Optionee shall open an escrow (the parties“Escrow”) with LandAmerica Lawyer’s Title, the Attn: Jxxx Xxxx, Escrow shall be deemed opened on the date Officer, 2000 Xxxx Xxxx Xxxxx, Xxxxx 000, Xxxxxx, XX 00000 (“Escrow Holder shall have received the Deposit from Buyer and a fully Holder”), by delivering an executed copy of the original or originally executed counterparts of this Agreement from Seller to Escrow Holder. Optionor shall also deliver to Escrow Holder a Memorandum of Option executed and Buyer acknowledged by Optionor and Optionee in the form attached hereto as Exhibit B (the “Opening Memorandum of EscrowOption”). Optionee shall deliver to Escrow Holder a Quitclaim Deed executed and acknowledged by Optionee in the form attached hereto as Exhibit C (the “Quitclaim Deed”). Escrow Holder is directed to record the Memorandum of Option against the Option Property in the Official Records of the County of Ventura concurrent with the release of the First Option Payment to Optionor. Escrow Holder shall notify Buyer hold the Quitclaim Deed until required to deliver the same to Optionor pursuant to the express provisions of this Agreement, including, without limitation, Sections 6 and Seller8.5. As used in this Agreement, in writingthe term “Opening of Escrow” shall mean the date on which a fully-executed copy of this Agreement has been delivered to Escrow Holder. Upon receipt of the fully-executed copy of this Agreement, Escrow Holder is hereby instructed to open the Escrow, and advise the parties (including each of the party’s respective attorneys, if any) of the date Escrow is openedof the Opening of Escrow. In the event that Buyer has not made the Deposit on or before the date set forth above, Escrow This Agreement shall not be deemed open, and Seller shall have the unilateral right to terminate this Agreement, and to request from Escrow Holder the return of all documents or other items provided by Seller constitute escrow instructions to Escrow Holder, whereupon Escrow Holder shall return same. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of together with Escrow Holder, or other instruments as may reasonably be required by ’s general provisions. If there is any conflict between Escrow Holder, in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, modify, or supersede any portions of this Agreement. In the event of any inconsistency between the ’s general provisions of such supplemental instructions and the provisions of this Agreement, the provisions of this Agreement shall control. If an executed counterpart of this Agreement is presented by a party (the “Presenting Party”) to the other party (the “Other Party”) or to Escrow Holder, the Presenting Party may revoke its execution and delivery hereof by giving written notice of same to the Other Party, at any time prior to the delivery by the Other Party of an executed counterpart of this Agreement to Escrow Holder and the Presenting Party. In the event that Buyer has not placed the Deposit into Escrow within two (2) business days of the date this Agreement is executed by Buyer and Seller, Seller shall have the right to revoke its delivery of its executed copy of this Agreement, and to terminate this Agreement, following which there shall be no obligations of any type whatsoever of Seller to Buyer or Buyer to Seller concerning the Property.

Appears in 1 contract

Samples: Option Agreement (Limoneira CO)

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Opening of Escrow. For purposes Upon mutual execution of this Agreement, as between Agreement by the partiesParties, the Parties shall open an Escrow shall be deemed opened on at the date office of Escrow Holder shall have received the Deposit from Buyer and a fully by delivering an executed copy of this Agreement to Escrow Holder. This Agreement shall constitute joint escrow instructions to Escrow Holder. The Parties shall execute such additional instructions consistent with the original or originally executed counterparts provisions of this Agreement from Seller and Buyer (the “Opening of Escrow”). Escrow Holder shall notify Buyer and Seller, in writing, of the date Escrow is opened. In the event that Buyer has not made the Deposit on or before the date set forth above, Escrow shall not be deemed open, and Seller shall have the unilateral right to terminate this Agreement, and to request from Escrow Holder the return of all documents or other items provided by Seller to Escrow Holder, whereupon Escrow Holder shall return same. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder, or other instruments as may be reasonably be required by Escrow Holder; provided, in order to consummate however, that as between the transaction contemplated by this Agreement. Any such supplemental instructions shall not Parties, if any conflict with, modify, or supersede any portions of this Agreement. In the event of any inconsistency between the provisions of such supplemental instructions this Agreement and the provisions of this Agreementinstructions required by Escrow Holder exists or arises, then the provisions of this Agreement shall control. If an executed counterpart Escrow Holder shall promptly notify Buyer and Seller in writing of the date of the Opening of Escrow. Escrow Holder is designated the "real estate reporting person" for purposes of Section 6045 of the Internal Revenue Code of 1986, as amended, and Treasury Regulation 1.6045-4, and any instructions or settlement statement prepared by Escrow Holder shall so provide. Escrow Holder shall be responsible for filing Form 1099-S with the Internal Revenue Service. (a) Within one (1) business day following complete execution of this Agreement is presented by a party (the “Presenting Party”) to the other party (the “Other Party”) or to Escrow Holder, the Presenting Party may revoke its execution and delivery hereof by giving written notice of same to the Other Party, at any time prior to the delivery by the Other Party of an executed counterpart of this Agreement to Escrow Holder and the Presenting Party. In the event that Buyer has not placed the Deposit into Escrow within two (2) business days of the date this Agreement is executed by Buyer and Seller, Buyer shall deliver Five Thousand Dollars ($5,000) of the Option Consideration to Seller. Not later than September 30, 2018 Buyer shall deliver to Seller an additional One Hundred Thousand Dollars ($100,000) of the Option Consideration. Not later than October 31, 2018 Buyer shall deliver to Seller the remaining Ninety-Five Thousand Dollars ($95,000) of the Option Consideration. The Option Consideration (and each component thereof) shall be non-refundable to Buyer, except in the event of a material breach or default hereunder by Seller. The Option Consideration shall be applied to Purchase Price of the last Lots to be purchased by Buyer pursuant to Section 5; provided that if Buyer has not closed on all of the Lots on or before November 16, 2020, then Seller shall have the right to revoke its delivery retain any portion of its executed copy the Option Consideration that has not previously been applied to the purchase price of any Lots. (b) If a Closing fails to occur solely because of a material breach or default hereunder by Seller, then upon Buyer's demand, without limiting Buyer's rights or remedies as expressed in this AgreementAgreement for any breach, Seller shall return to Buyer any portion of the Option that has not previously applied to the purchase price of any Lots, and to terminate this Agreement, following which there Buyer shall be no obligations of any type whatsoever of Seller to Buyer or Buyer to Seller concerning have the Propertyremedies set forth in Section 17.2.

Appears in 1 contract

Samples: Purchase and Sale Agreement

Opening of Escrow. For purposes of this Agreement, as between the parties, the Escrow shall be deemed opened on the date Escrow Holder shall have received the Deposit from Buyer and a fully executed copy of the original or originally executed counterparts of this Agreement from Seller Sellers and Buyer (the “Opening of Escrow”). Escrow Holder shall notify Buyer and SellerSellers, in writing, of the date Escrow is opened. In the event that Buyer has not made the Deposit on or before the date set forth above, Escrow shall not be deemed open, and Seller Sellers shall have the unilateral right to terminate this Agreement, and to request from Escrow Holder the return of all documents or other items provided by Seller Sellers to Escrow Holder, whereupon Escrow Holder shall return same. Buyer and Seller Sellers agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder, or other instruments as may reasonably be required by Escrow Holder, in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, modify, or supersede any portions of this Agreement. In the event of any inconsistency between the provisions of such supplemental instructions and the provisions of this Agreement, the provisions of this Agreement shall control. If an executed counterpart of this Agreement is presented by a party (the “Presenting Party”) to the other party (the “Other Party”) or to Escrow Holder, the Presenting Party may revoke its execution and delivery hereof by giving written notice of same to the Other Party, at any time prior to the delivery by the Other Party of an executed counterpart of this Agreement to Escrow Holder and the Presenting Party. In the event that Buyer has not placed the Deposit into Escrow within two (2) business days of the date this Agreement is executed by Buyer and SellerSellers, Seller Sellers shall have the right to revoke its delivery of its executed copy of this Agreement, and to terminate this Agreement, following which there shall be no obligations of any type whatsoever of Seller Sellers to Buyer or Buyer to Seller Sellers concerning the PropertyProperties.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Industrial Income Trust Inc.)

Opening of Escrow. For purposes (a) The transfer and sale of this Agreementthe Property shall take place through escrow (the “Escrow”), as between the parties, the and such Escrow shall be administered by Fidelity National Title Company, Attn: Xxxxxxxx Xxxxx, 00000 Xxxxxxxxxx Xxxxx Xxxxxxx, Xxxxx Xxxxxx, XX 00000. The Escrow for the Property shall be deemed opened on the date Escrow Holder shall have received the Deposit from Buyer and a fully executed copy of the original or originally executed counterparts of this Agreement from Seller and Buyer open (the “Opening of Escrow”). ) upon the receipt by the Escrow Holder shall notify Buyer and Seller, in writing, of the date Escrow is opened. In the event that Buyer has not made the Deposit on or before the date set forth above, Escrow shall not be deemed open, and Seller shall have the unilateral right to terminate this Agreement, and to request from Escrow Holder the return of all documents or other items provided by Seller to Escrow Holder, whereupon Escrow Holder shall return same. Buyer and Seller agree to execute, deliver and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder, or other instruments as may reasonably be required by Escrow Holder, in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, modify, or supersede any portions of this Agreement. In the event of any inconsistency between the provisions of such supplemental instructions and the provisions of this Agreement, the provisions a copy of this Agreement executed by SELLER and BUYER. The date of Opening of Escrow shall controlbe memorialized by Xxxxxx Holder in writing delivered to the parties. If an executed counterpart Escrow will be opened within five (5) days after approval and execution of this Agreement by the BUYER’s Board of Supervisors. (b) If this Agreement is presented terminated or Escrow is cancelled as a result of a default by a party (the “Presenting Party”) SELLER, then SELLER shall be solely responsible to the other party (the “Other Party”) or to Escrow Holder, the Presenting Party may revoke its execution Holder for payment of all customary and delivery hereof by giving written notice of same reasonable escrow cancellation charges to the Other Party, at any time prior Escrow Holder without further or separate instruction to the delivery by the Other Party of an executed counterpart of this Agreement to Escrow Holder and the Presenting Party. In the event that Buyer has not placed the Deposit into Escrow within two (2) business days of the date thereafter BUYER and SELLER shall have no further obligations to each other except as otherwise specified in this Agreement.. If this Agreement is executed by Buyer terminated or Escrow is cancelled for any reason other than SELLER’s default, then BUYER shall be solely responsible for the payment of all customary and Seller, Seller reasonable escrow cancellation charges to the Escrow Holder without further or separate instruction to the Escrow Holder and thereafter BUYER and SELLER shall have the right no further obligations to revoke its delivery of its executed copy of each other except as otherwise specified in this Agreement, and to terminate this Agreement, following which there shall be no obligations of any type whatsoever of Seller to Buyer or Buyer to Seller concerning the Property.

Appears in 1 contract

Samples: Purchase and Sale Agreement

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