Xxxxxxx Money Dispute. Notwithstanding any termination of this Agreement, the Parties agree that in the event of any controversy regarding the release of the Xxxxxxx Money that the matter shall be submitted to mediation as provided in Section XXIII.
Xxxxxxx Money Dispute. Notwithstanding any termination of this Agreement, the Parties agree that in the event of any controversy regarding the release of the Deposit, the matter shall be submitted to mediation as provided in this Agreement.
Xxxxxxx Money Dispute. Except as otherwise provided herein, Xxxxxxx Money Holder must release the Xxxxxxx 725 Money following receipt of written mutual instructions, signed by both Xxxxx and Seller. In the event of any controversy regarding 726 the Xxxxxxx Money, Xxxxxxx Money Holder is not required to release the Xxxxxxx Money. Xxxxxxx Money Holder, in its sole subjective 727 discretion, has several options: (1) wait for any proceeding between Buyer and Seller; (2) interplead all parties and deposit Xxxxxxx 728 Money into a court of competent jurisdiction (Xxxxxxx Money Holder is entitled to recover court costs and reasonable attorney and 729 legal fees incurred with such action); or (3) provide notice to Buyer and Seller that unless Xxxxxxx Money Holder receives a copy of 730 the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one 731 hundred twenty days of Xxxxxxx Money Holder’s notice to the parties, Xxxxxxx Money Holder is authorized to return the Xxxxxxx 732 Money to Buyer. In the event Xxxxxxx Money Holder does receive a copy of the Lawsuit and has not interpled the monies at the time 733 of any Order, Xxxxxxx Money Holder must disburse the Xxxxxxx Money pursuant to the Order of the Court. The parties reaffirm the 734 obligation of § 23 (Mediation). This Section will survive cancellation or termination of this Contract.
Xxxxxxx Money Dispute. Except as otherwise provided herein, Xxxxxxx Money Holder shall release the Xxxxxxx Money as directed by written mutual instructions, signed by both Purchaser and Seller. In the event of any controversy regarding the Xxxxxxx Money (notwithstanding any termination of this Contract). Xxxxxxx Money Holder shall not be required to take any action. Xxxxxxx Money Holder, at its option and sole discretion, may: (a) await any proceeding, (b) interplead all parties and deposit Xxxxxxx Money into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees, or (c) give written notice to Purchaser and Seller that unless Xxxxxxx Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller), containing the case number of the lawsuit (Lawsuit) within 120 calendar days of Xxxxxxx Money Holder’s written notice to the parties, Xxxxxxx Money Holder shall be authorized to return Xxxxxxx Money to Purchaser . In the event Xxxxxxx Money Holder does not receive a copy of the Lawsuit, and has interpled the monies at the time of any Order, Xxxxxxx Money Holder shall disburse the Xxxxxxx Money pursuant to the Order of the Court.
Xxxxxxx Money Dispute. Notwithstanding any termination of this contract, Buyer and Seller agree that, in the event of any controversy regarding the Xxxxxxx Money and things of value held by broker or Closing Company (unless mutual written instructions are received by the holder of the Xxxxxxx Money and things of value), broker or Closing Company shall not be required to take any action but may await any proceedings, or at broker’s or Closing Company’s option and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney fees.
Xxxxxxx Money Dispute. Notwithstanding any termination of this Agreement, the Parties agree that in the event of any controversy regarding the release of
Xxxxxxx Money Dispute. Except as otherwise provided herein, Xxxxxxx Money Holder must release the Xxxxxxx Money following receipt of written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding the Xxxxxxx Money, Xxxxxxx Money Holder is not required to release the Xxxxxxx Money. Xxxxxxx Money Holder, in its sole subjective discretion, has several options: (1) wait for any proceeding between Buyer and Seller; (2) interplead all parties and deposit Xxxxxxx Money into a court of competent jurisdiction (Xxxxxxx Money Holder is entitled to recover court costs and reasonable attorney and legal fees incurred with such action); or (3) provide notice to Buyer and Seller that unless Xxxxxxx Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Xxxxxxx Money Holder’s notice to the
Xxxxxxx Money Dispute. Notwithstanding any termination of this Contract, Buyer and Seller agree that, in the event of any controversy regarding xxxxxxx money and things of value held by the Closing Agent, unless mutual written instructions are received by the holder of the xxxxxxx money and things of value, the Closing Agent shall not be required to take any action but may await any proceeding or at the Closing Agent’s option and sole discretion, may interplead all parties and deposit any moneys or things of value into the above court and shall receive court costs and reasonable attorneys fees.
Xxxxxxx Money Dispute. Notwithstanding any termination of this Contract, Buyer and Seller agree that, in the event of any controversy regarding xxxxxxx money and things of value held by the Closing Agent, unless mutual written instructions are received by the holder of the xxxxxxx money and things of value, the Closing Agent shall not be required to take any action but may await any proceeding or at the Closing Agent’s option and sole discretion, may interplead all parties and deposit any moneys or things of value into the above court and shall receive court costs and reasonable attorneys fees. In the event the Seller is entitled to receive the xxxxxxx money then Seller agrees to equally divide the xxxxxxx money with the Seller’s Agent/ Broker.
Xxxxxxx Money Dispute. 7 Notwithstanding any termination of this Purchase Agreement, Buyer and Seller agree that, in the event of any contro- 8 versy regarding the xxxxxxx money held by Broker, the Broker may:
9 a) Make the determination as to the cause of the failure of this Purchase Agreement and distribute the xxxxxxx money 10 accordingly after giving notice to Cooperating Broker, or
11 b) Require the parties to execute an agreement for the release of the xxxxxxx money, in which case the xxxxxxx mon- 12 ey shall be distributed in accordance with such agreement. If the parties are unwilling to execute an agreement for 13 the release of xxxxxxx money, the parties shall submit the matter to mediation as provided below, and if mediation 14 fails, the broker may file an interpleader action in a court of competent jurisdiction requesting the court to determine 15 the distribution of the xxxxxxx money. Broker shall be entitled to an award from the xxxxxxx money of full reasona-
