REMEDIATION ESCROW FUND Sample Clauses

REMEDIATION ESCROW FUND. (a) At Closing, Escrow Agent shall withhold from the portion of the Purchase Price paid to Seller at Closing and deposit in an interest bearing escrow account funds to guarantee Seller's obligations in Sections 4.3 and 5.3 and 5.4 of the Agreement and Sections 12 and 20 of the Reservation Conditions (the "Remediation Escrow Fund"). The amount of the funds to be deposited in the Remediation Escrow Fund shall be equal to Xxxxx's estimate of the cost of Remediation of Deferred Parcels.
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REMEDIATION ESCROW FUND. On or before October 1, 2012, Purchasers will deposit the Remediation Escrow Amount with the Escrow Agent to be used to reimburse the Seller for costs related to remediation of the J Parcel and as described in Section 5.2 of the Settlement Agreement such additional amounts of up to $500,000 as may be required in Section 5.2.2 of the Settlement Agreement, which together with any and all interest or profit thereon, shall be referred to as the “Remediation Escrow Fund.”
REMEDIATION ESCROW FUND. (i) Unless the City delivers a written Dispute Notice to the Escrow Agent within ten (10) Business Days after receipt of Reimbursement Request, on the first Business Day following the date that is thirty (30) calendar days from receipt of the Reimbursement Request, the Escrow Agent agrees to distribute to Seller from the Remediation Escrow Account the amount requested in the Reimbursement Request. If a Dispute Notice from the City is timely delivered by the City, the Escrow Agent shall distribute to Seller from the Remediation Escrow Account any undisputed amounts requested in the Reimbursement Request on the first Business Day following the date that is thirty (30) calendar days from receipt of the Reimbursement Request and to hold the balance of the amount requested pending receipt of joint instructions from the parties as set forth below.

Related to REMEDIATION ESCROW FUND

  • Escrow Fund In addition to the initial deposits with respect to Taxes and Insurance Premiums made by Borrower to Lender on the date hereof to be held by Lender in escrow, Borrower shall pay to Lender on the first day of each calendar month (a) one-twelfth of an amount which would be sufficient to pay the Taxes payable, or estimated by Lender to be payable, during the next ensuing twelve (12) months and (b) one-twelfth of an amount which would be sufficient to pay the Insurance Premiums due for the renewal of the coverage afforded by the Policies upon the expiration thereof (the amounts in (a) and (b) above shall be called the "Escrow Fund"). Borrower agrees to notify Lender immediately of any changes to the amounts, schedules and instructions for payment of any Taxes and Insurance Premiums of which it has or obtains knowledge and authorizes Lender or its agent to obtain the bills for Taxes directly from the appropriate taxing authority. The Escrow Fund and the payments of interest or principal or both, payable pursuant to the Note shall be added together and shall be paid as an aggregate sum by Borrower to Lender. Provided there are sufficient amounts in the Escrow Fund and no Event of Default exists, Lender shall be obligated to pay the Taxes and Insurance Premiums as they become due on their respective due dates on behalf of Borrower by applying the Escrow Fund to the payments of such Taxes and Insurance Premiums required to be made by Borrower pursuant to Sections 3.3 and 3.4 hereof. If the amount of the Escrow Fund shall exceed the amounts due for Taxes and Insurance Premiums pursuant to Sections 3.3 and 3.4 hereof, Lender shall, in its discretion, return any excess to Borrower or credit such excess against future payments to be made to the Escrow Fund. In allocating such excess, Lender may deal with the person shown on the records of Lender to be the owner of the Property. If the Escrow Fund is not sufficient to pay the items set forth in (a) and (b) above, Borrower shall promptly pay to Lender, upon demand, an amount which Lender shall reasonably estimate as sufficient to make up the deficiency. The Escrow Fund shall not constitute a trust fund and may be commingled with other monies held by Lender. Unless otherwise required by Applicable Laws (defined in Section 3.11), no earnings or interest on the Escrow Fund shall be payable to Borrower. Notwithstanding the foregoing, so long as (i) no Event of Default has occurred and is continuing, (ii) PETsMART or an Acceptable Replacement Tenant is not in default under the terms of the PETsMART Lease or an Acceptable Replacement Lease beyond any applicable notice and cure periods set forth therein, and (iii) PETsMART or an Acceptable Replacement Tenant is paying the Taxes pursuant to the terms of Section 3.4 hereof and Insurance Premiums in accordance with the terms of the last sentence of Section 3.3(b) hereof, directly pursuant to the terms hereof, and such Taxes are current, then Borrower shall not be required to make monthly payments into the Escrow Fund.

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