Termination of Escrow. In the event of the release of all Proceeds and all accrued interest in accordance with Section 4 and Section 5 of this Agreement, this Agreement shall terminate and the Escrow Agent shall be relieved of all responsibilities in connection with the escrow deposits provided for in this Agreement, except claims which are occasioned by its gross negligence, bad faith, fraud or willful misconduct.
Appears in 19 contracts
Samples: Escrow Agreement, Subscription Escrow Agreement (Managed Futures Premier BHM L.P.), Subscription Escrow Agreement (Orion Futures Fund Lp)
Termination of Escrow. In the event of the release of all Proceeds and all accrued interest in accordance with Section 4 and Section 5 of this Agreement, this Agreement shall terminate and the Escrow Agent shall be relieved of all responsibilities in connection with the escrow deposits provided for in this Agreement, except claims which are occasioned by its gross negligence, bad faith, fraud faith or willful misconduct.
Appears in 4 contracts
Samples: Escrow Agreement, Subscription Escrow Agreement (Dividend Capital Total Realty Trust Inc.), Subscription Escrow Agreement (Industrial Income Trust Inc.)
Termination of Escrow. In the event of the release of all Proceeds and all accrued interest Escrow Funds in accordance with Section 4 and Section 5 of this Agreement2, this Agreement shall terminate and the Escrow Agent shall be relieved of all responsibilities in connection with the escrow deposits provided for in this Agreement, except claims which are occasioned by its gross negligence, bad faith, fraud negligence or willful misconduct. Notwithstanding any statement to the contrary, the provisions of Sections 4, 5 and 8 shall survive termination of this Agreement and/or the resignation or removal of the Escrow Agent.
Appears in 2 contracts
Samples: Subscription Escrow Agreement (INX LTD), Subscription Escrow Agreement (INX LTD)
Termination of Escrow. In the event of the release of all Proceeds proceeds and all accrued interest in accordance with Section 4 and Section 5 of this Agreement, this Agreement shall terminate and the Escrow Agent shall be relieved of all responsibilities in connection with the escrow deposits provided for in this Agreement, except claims which are occasioned by its gross negligence, bad faith, fraud faith or willful misconduct.
Appears in 2 contracts
Samples: Subscription Escrow Agreement (R Tec Technologies Inc), Subscription Escrow Agreement (R Tec Technologies Inc)
Termination of Escrow. In Upon release and distribution by the event of the release Escrow Agent of all Proceeds Deposited Shares and all accrued interest in accordance with Section 4 and Section 5 of any other property subject to escrow and/or distribution pursuant to this Agreement, this Agreement shall terminate and terminate, provided, however, that the Escrow Agent termination of this Agreement shall be relieved without prejudice to any rights and obligations accrued prior to such termination and shall not in any way limit the indemnification obligations of all responsibilities the Ample Shareholders as set out in connection with the escrow deposits provided for in this Arrangement Agreement, except claims which are occasioned by its gross negligence, bad faith, fraud or willful misconduct.
Appears in 2 contracts
Samples: Escrow Agreement (Akerna Corp.), Arrangement Agreement (Akerna Corp.)
Termination of Escrow. In the event of the release of all Proceeds and all accrued interest in accordance with Section 4 and Section 5 of this This Agreement, this Agreement shall terminate and the Escrow Agent shall be relieved of all responsibilities in connection with the escrow deposits Account provided for in this Agreement, except claims which are occasioned shall automatically terminate upon (a) disbursement by its gross negligenceEscrow Agent of all of the Net Proceeds pursuant to Section 5 hereof, bad faithexcepting in the event of any pending or threatened litigation pertaining to any of the issues herein or with respect to this Agreement, fraud or willful misconduct(b) receipt by Escrow Agent of joint written instructions by Borrower and GTA indicating both parties’ election to terminate this Agreement.
Appears in 1 contract
Termination of Escrow. In the event of the release of all the Proceeds and all accrued interest in accordance with Section 4 and Section Sections 5 and/or 6 of this Agreement, this Agreement shall terminate and the Escrow Agent shall be relieved of all responsibilities in connection with the escrow deposits Escrowed Property provided for in this Agreement, except for claims which that are occasioned by its gross negligence, bad faith, fraud faith or willful misconduct.
Appears in 1 contract
Samples: Escrow Agreement (Gold Run Inc.)
Termination of Escrow. In the event of the release of all Proceeds and all accrued interest Escrowed Funds in accordance with Section 4 3 and Section 5 4 of this Agreement, this Agreement shall terminate and the Escrow Agent shall be relieved of all responsibilities in connection with the escrow deposits provided for in this Agreement, except claims which are occasioned by its gross negligence, bad faith, fraud faith or willful misconduct.
Appears in 1 contract
Termination of Escrow. In the event of Upon the release of all of the Proceeds and all accrued interest in accordance with Section 4 and Section 5 of this Agreement5, this Agreement shall terminate and the Escrow Agent shall be relieved of further obligations and released from all responsibilities in connection with the escrow deposits provided for in liability under this Agreement, except claims which are occasioned by its gross negligence, bad faith, fraud gross negligence or willful misconduct.
Appears in 1 contract
Samples: Subscription Escrow Agreement (International Stem Cell CORP)