Acceptance by Escrow Agent. The Escrow Agent hereby accepts and agrees to perform its obligations hereunder, provided that:
(a) The Escrow Agent may act in reliance upon any signature believed by it to be genuine, and may assume that any person who has been designated by Underwriter or the Company to give any written instructions, notice or receipt, or make any statements in connection with the provisions hereof has been duly authorized to do so. Escrow Agent shall have no duty to make inquiry as to the genuineness, accuracy or validity of any statements or instructions or any signatures on statements or instructions. The names and true signatures of each individual authorized to act singly on behalf of the Company and Underwriter are stated in Schedule II, which is attached hereto and made a part hereof. The Company and Underwriter may each remove or add one or more of its authorized signers stated on Schedule II by notifying the Escrow Agent of such change in accordance with this Agreement, which notice shall include the true signature for any new authorized signatories.
(b) The Escrow Agent may act relative hereto in reliance upon advice of counsel in reference to any matter connected herewith. The Escrow Agent shall not be liable for any mistake of fact or error of judgment or law, or for any acts or omissions of any kind, unless caused by its willful misconduct or gross negligence.
(c) Underwriter and the Company agree to indemnify and hold the Escrow Agent harmless from and against any and all claims, losses, costs, liabilities, damages, suits, demands, judgments or expenses (including but not limited to reasonable attorney’s fees) claimed against or incurred by Escrow Agent arising out of or related, directly or indirectly, to this Escrow Agreement unless caused by the Escrow Agent’s gross negligence or willful misconduct.
(d) In the event that the Escrow Agent shall be uncertain as to its duties or rights hereunder, the Escrow Agent shall be entitled to (i) refrain from taking any action other than to keep safely the Escrow Funds until it shall be directed otherwise by a court of competent jurisdiction, or (ii) deliver the Escrow Funds to a court of competent jurisdiction.
(e) The Escrow Agent shall have no duty, responsibility or obligation to interpret or enforce the terms of any agreement other than Escrow Agent’s obligations hereunder, and the Escrow Agent shall not be required to make a request that any monies be delivered to the Escrow Account, it being agreed that the ...
Acceptance by Escrow Agent. The Escrow Agent hereby accepts the appointment as escrow agent hereunder and agrees to act on the terms and conditions hereinafter set forth.
Acceptance by Escrow Agent. The Company and the Manager hereby appoint the Escrow Agent as escrow agent hereunder on the terms and conditions hereinafter set forth. The Escrow Agent hereby accepts the appointment as escrow agent hereunder and agrees to act on the terms and conditions hereinafter set forth. The Escrow Agent shall be under no duty to take any action hereunder on behalf of the Company except as specifically set forth herein or as may be specifically agreed to by the Escrow Agent and the Company in a written amendment hereto.
Acceptance by Escrow Agent. The undersigned hereby accepts the appointment of Xxxxxx Agent in the Auction Contract for Sale of Real Estate as set out above and acknowledges receipt of the following:
Acceptance by Escrow Agent. The Funds and the Manager hereby appoint the Escrow Agent as escrow agent hereunder on the terms and conditions hereinafter set forth. The Escrow Agent hereby accepts the appointment as escrow agent hereunder and agrees to act on the terms and conditions hereinafter set forth. Additional Funds may be added to this Agreement from time to time through the execution of an instrument of accession between such additional Fund and the Escrow Agent whereby such additional Fund, the Escrow Agent and the Manager will agree to be bound by the terms of this Agreement (as it may be amended with respect to such Fund by such instrument of accession). The addition of a Fund to this Agreement will not affect the rights or obligations of any other Fund pursuant to the terms of this Agreement. The Escrow Agent shall be under no duty to take any action hereunder on behalf of the Funds except as specifically set forth herein or as may be specifically agreed to by the Escrow Agent and the Funds in a written amendment hereto.
Acceptance by Escrow Agent. By execution of this Agreement, the Escrow Agent accepts the duties and obligations as Escrow Agent hereunder. The Escrow Agent further represents that it has all requisite power, and has taken all corporate actions necessary to execute the trust hereby created.
Acceptance by Escrow Agent. Escrow Agent hereby (a) acknowledges receipt of one (1) fully executed counterpart or set of identical counterparts containing original signatures for both Buyer and Seller of this Agreement on this day of February, 2007, which date is hereby designated as the “Opening of Escrow”, and (b) agrees to establish an escrow (Escrow No. ) and to administer the same in accordance with the provisions hereof.
Acceptance by Escrow Agent. The Undersigned Escrow Agent (a) acknowledges its receipt of the escrow instructions contained in this Agreement executed by Buyer and Seller; and (b) accepts the foregoing escrow instructions and agrees to act in accordance with the terms contained therein and in this Agreement insofar as such terms affect Escrow Agent.
Acceptance by Escrow Agent. The Escrow Agent hereby accepts the appointment as escrow agent -------------------------- hereunder and agrees to act on the terms and conditions hereinafter set forth.
Acceptance by Escrow Agent. Escrow Agent hereby (a) acknowledges receipt of a fully executed copy or counterpart copies of this Agreement on this 27th day of May, and has inserted said date on the first page of this Agreement, and (b) hereby agrees to establish an escrow (Escrow No. 99-17612- (Master)) and to administer the same in accordance with the provisions hereof. Escrow Agent further agrees to immediately deliver to Purchaser and Seller copies or counterpart of this fully executed Agreement. Lawyers Title Insurance Corporation By: /s/ Xxxxx X Xxxxxx Its: National Title Officer EXHIBIT A TO PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS Attached to and forming a part of PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS between AEI and ARAMARK EDUCATIONAL RESOURCES, INC. DBA Children's World Learning Centers, dated 5/20/99, 1999: PURCHASE PRICE SILVERLAKE If Closing OCCURS BY: BUT OCCURS NO LATER THAN: TOTAL PURCHASE PRICE SHALL BE: 04/30/99 05/27/99 $914,000 05/28/99 07/01/99 $912,000 07/02/99 07/30/99 $910,000 XXXXXXXXXXXX If Closing OCCURS BY: BUT OCCURS NO LATER THAN: TOTAL PURCHASE PRICE SHALL BE: 04/30/99 05/27/99 $1,019,000 05/28/99 07/01/99 $1,017,000 07/02/99 07/30/99 $1,015,000 LEDGEVIEW If Closing OCCURS BY: BUT OCCURS NO LATER THAN: TOTAL PURCHASE PRICE SHALL BE: 04/30/99 05/27/99 $1,153,000 05/28/99 07/01/99 $1,150,000 07/02/99 07/30/99 $1,148,000 Lessee /s/ JR Lessor /s/ RPJ Children's World Purchase Agreement 5/20/99 GRANT RANCH If Closing OCCURS BY: BUT OCCURS NO LATER THAN: TOTAL PURCHASE PRICE SHALL BE: 04/30/99 05/27/99 $1,451,000 05/28/99 07/01/99 $1,449,000 07/02/99 07/30/99 $1,446,000 MEQUON If Closing OCCURS BY: BUT OCCURS NO LATER THAN: TOTAL PURCHASE PRICE SHALL BE: 04/30/99 05/27/99 $1,172,000 05/28/99 07/01/99 $1,170,000 07/02/99 07/30/99 $1,168,000 XXXXXXX XXXX If Closing OCCURS BY: BUT OCCURS NO LATER THAN: TOTAL PURCHASE PRICE SHALL BE: 04/30/99 05/27/99 $983,000 05/28/99 07/01/99 $982,000 07/02/99 07/30/99 $980,000 XXXXXXXXXXX If Closing OCCURS BY: BUT OCCURS NO LATER THAN: TOTAL PURCHASE PRICE SHALL BE: 04/30/99 05/27/99 $867,000 05/28/99 07/01/99 $865,000 07/02/99 07/30/99 $863,000 Lessee /s/ JR Lessor /s/ RPJ Children's World Purchase Agreement 5/20/99 EXHIBIT "B" TO PURCHASE AND SALE AGREEMENT NET LEASE AGREEMENT THIS LEASE, made and entered into effective as of this day of , 1999, by and between AEI Fund Management, Inc. a Minnesota corporation, (or its assigns) whose address is 1300 Minnesota World Trade Center, 00 Xxxx 0xx Xxxxxx, Xxx...
