Common use of Amendment; Resignation Clause in Contracts

Amendment; Resignation. This Agreement may be altered or amended only with the written consent of the Company and the Escrow Agent. The Escrow Agent may resign for any reason upon three (3) business days' written notice to the Company. Should the Escrow Agent resign as herein provided, it shall not be required to accept any deposit, make any disbursement or otherwise dispose of the Escrow Amounts or the Fund, but its only duty shall be to hold the Escrow Amounts until they clear the banking system and the Fund for a period of not more than five (5) business days following the effective date of such resignation, at which time (a) if a successor escrow agent shall have been appointed and written notice thereof (including the name and address of such successor escrow agent) shall have been given to the resigning Escrow Agent by the Company and such successor escrow agent, then the resigning Escrow Agent shall pay over to the successor escrow agent the Fund, less any portion thereof previously paid out in accordance with this Agreement; or (b) if the resigning Escrow Agent shall not have received written notice signed by the Company and a successor escrow agent, then the resigning Escrow Agent shall promptly refund the amount in the Fund to each prospective purchaser, without interest thereon or deduction therefrom, and the resigning Escrow Agent shall promptly notify the Company in writing of its liquidation and distribution of the Fund; whereupon, in either case, the Escrow Agent shall be relieved of all further

Amendment; Resignation. This Agreement may be altered or amended only with the written consent of the Company Issuer and the Escrow AgentTrustee. The Escrow Agent Trustee may resign for any reason upon three seven (37) business days' days written notice to the CompanyIssuer. Should the Escrow Agent Trustee resign as herein provided, it shall not be required to accept any deposit, make any disbursement or otherwise dispose of the Escrow Amounts or the FundDeposited Proceeds, but its only duty shall be to hold the Escrow Amounts until they clear the banking system and the Fund Deposited Proceeds for a period of not more than five ten (510) business days following the effective date of such resignation, at which time (a) if a successor escrow agent Trustee shall have been appointed and written notice thereof (including lncluding the name and address of such successor escrow agentTrustee) shall have been given to the resigning Escrow Agent Trustee by the Company Issuer and such successor escrow agentTrustee, then the resigning Escrow Agent Trustee shall pay over to the successor escrow agent Trustee the FundDeposited Proceeds, less any portion thereof previously paid out in accordance with this Agreement; , or (b) if the resigning Escrow Agent Trustee shall not have received written notice signed by the Company Issuer and a successor escrow agentTrustee, then the resigning Escrow Agent Trustee shall promptly refund the remaining amount in the Fund Deposited Proceeds to each prospective purchaser, without purchaser with interest thereon or and without deduction therefrom, and the resigning Escrow Agent Trustee shall promptly notify the Company Issuer in writing of its liquidation and distribution of the FundDeposited Proceeds; whereupon, in either case, the Escrow Agent Trustee shall be relieved of all furtherfurther obligations and released from all liability under this Agreement.