Common use of Duties and Responsibilities of Escrow Agent Clause in Contracts

Duties and Responsibilities of Escrow Agent. The Escrow Agent shall have no duties or responsibilities other than those set forth herein and shall: (a) Be under no duty to enforce payment of any subscription which is to be paid to and held by it hereunder; (b) Be under no duty to accept funds, checks, drafts or instruments for the payment of money from anyone other than the Participating Brokers or the Managing Member or to give any receipt therefor except to the Participating Brokers or the Managing Member; (c) Be protected in acting upon any notice, request, certificate, approval, consent or other paper believed by it to be genuine, signed by the proper party or parties and in accordance with the terms of this Agreement; (d) Be deemed conclusively to have given and delivered any notice required to be given or delivered hereunder if the same is in writing, signed by any one of its authorized officers and mailed, by registered or certified mail, in a sealed postpaid wrapper, addressed to the Fund at the following address: Cornerstone Realty Fund, LLC ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇. ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (e) Be indemnified and held harmless by the Managing Member from any and all claims made against it (including claims regarding the disbursement of funds), or any and all expenses incurred by it (including reasonable attorneys' fees), by reason of its acting or failing to act in connection with any of the transactions contemplated hereby and against any loss it may sustain in carrying out the terms of this Agreement, except such claims, expenses or losses which are occasioned by its bad faith, negligence or willful misconduct; and (f) Not be liable for any forgeries or impersonations concerning any documents to be handled by it.

Appears in 2 contracts

Sources: Escrow Agreement (Cornerstone Realty Fund LLC), Escrow Agreement (Cornerstone Realty Fund LLC)

Duties and Responsibilities of Escrow Agent. The Escrow Agent shall have no duties or responsibilities other than those set forth herein and shall: (a) Be under no duty to enforce payment of any subscription which is to be paid to and held by it hereunder; (b) Be under no duty to accept funds, checks, drafts or instruments for the payment of money from anyone other than the Participating Brokers or the Managing Member or to give any receipt therefor except to the Participating Brokers or the Managing Member; (c) Be protected in acting upon any notice, request, certificate, approval, consent or other paper believed by it to be genuine, signed by the proper party or parties and in accordance with the terms of this Agreement; (d) Be deemed conclusively to have given and delivered any notice required to be given or delivered hereunder if the same is in writing, signed by any one of its authorized officers and mailed, by registered or certified mail, in a sealed postpaid wrapper, addressed to the Fund at the following address: Cornerstone Realty Fund, LLC ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇. ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (e) Be indemnified and held harmless by the Managing Member from any and all claims made against it (including claims regarding the disbursement of funds), or any and all expenses incurred by it (including reasonable attorneys' fees), by reason of its acting or failing to act in connection with any of the transactions contemplated hereby and against any loss it may sustain in carrying out the terms of this Agreement, except such claims, expenses or losses which are occasioned by its bad faith, negligence or willful misconduct; and (f) Not be liable for any forgeries or impersonations concerning any documents to be handled by it.

Appears in 1 contract

Sources: Escrow Agreement (Cornerstone Realty Fund LLC)

Duties and Responsibilities of Escrow Agent. The Escrow Agent shall have no duties or responsibilities other than those set forth herein and shall: (a) Be under no duty to enforce payment of any subscription which is to Buyer and Paying Agent acknowledge and agree that Escrow Agent (i) shall be paid to and held by it hereunder; (b) Be under no duty to accept funds, checks, drafts or instruments obligated only for the payment performance of money from anyone such duties as are specifically set forth in this Escrow Agreement; (ii) shall not be obligated to take any legal or other than the Participating Brokers action hereunder which might in its judgment involve any expense or the Managing Member or liability unless it shall have been furnished with indemnification reasonably acceptable to give any receipt therefor except to the Participating Brokers or the Managing Member; it; (ciii) Be may rely on and shall be protected in acting or refraining from acting upon any written notice, requestinstruction (including, certificatewithout limitation, approvalwire transfer instructions, consent whether incorporated herein or other paper provided in a separate written instruction), instrument, statement, request or document furnished to it hereunder and believed by it to be genuine, genuine and to have been signed or presented by the proper party person, and shall have no responsibility for determining the accuracy thereof; and (iv) may consult counsel satisfactory to it, including house counsel, and the advice or parties opinion of such counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in accordance with the terms opinion of this Agreement;such counsel. (db) Be deemed conclusively Neither Escrow Agent nor any of its directors, officers or employees shall be liable to have given and delivered anyone for any notice required action taken or omitted to be given taken by it or delivered hereunder if the same is in writing, signed by any one of its authorized directors, officers and mailedor employees hereunder except in the case of gross negligence, by registered or certified mail, in a sealed postpaid wrapper, addressed to the Fund at the following address: Cornerstone Realty Fund, LLC ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇. ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (e) Be indemnified and held harmless by the Managing Member from any and all claims made against it (including claims regarding the disbursement of funds), or any and all expenses incurred by it (including reasonable attorneys' fees), by reason of its acting or failing to act in connection with any of the transactions contemplated hereby and against any loss it may sustain in carrying out the terms of this Agreement, except such claims, expenses or losses which are occasioned by its bad faith, negligence fraud or willful misconduct; and (f) Not be liable for any forgeries or impersonations concerning any documents to be handled by it.. Buyer and Paying Agent, jointly and severally, covenant and agree to

Appears in 1 contract

Sources: Escrow Agreement (Manugistics Group Inc)

Duties and Responsibilities of Escrow Agent. The Escrow Agent shall have no duties or responsibilities other than those set forth herein and shall: (a) Be under no duty to enforce payment of any subscription subscript- ion which is to be paid to and held by it hereunder; (b) Be under no duty to accept funds, checks, drafts or instruments for the payment of money from anyone other than the Participating Brokers or the Managing Member or to give any receipt therefor except to the Participating Brokers or the Managing Member; (c) Be protected in acting upon any notice, request, certificate, approval, consent or other paper believed by it to be genuine, signed by the proper party or parties and in accordance with the terms of this Agreement; (d) Be deemed conclusively to have given and delivered any notice required to be given or delivered hereunder if the same is in writing, signed by any one of its authorized officers and mailed, by registered or certified mail, in a sealed postpaid wrapper, addressed to the Fund at the following address: Cornerstone Realty FundIndustrial Properties Income and Growth Fund I, LLC ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇. ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (e) Be indemnified and held harmless by the Managing Member from any and all claims made against it (including claims regarding the disbursement of funds), or any and all expenses incurred by it (including reasonable attorneys' fees), by reason of its acting or failing to act in connection with any of the transactions contemplated hereby and against any loss it may sustain in carrying out the terms of this Agreement, except such claims, expenses or losses which are occasioned by its bad faith, negligence or willful misconduct; and (f) Not be liable for any forgeries or impersonations concerning any documents to be handled by it.

Appears in 1 contract

Sources: Escrow Agreement (Cornerstone Industrial Properties Income & Growth Fund LLC)

Duties and Responsibilities of Escrow Agent. The Escrow Agent shall have no duties or responsibilities other than those set forth herein and shall: (a) Be under no duty to enforce payment of any subscription which is to be paid to and held by it hereunder; ; (b) Be under no duty to accept funds, checks, drafts or instruments for the payment of money from anyone other than the Participating Brokers or the Managing Member Company or to give any receipt therefor except to the Participating Brokers or the Managing Member; Company; (c) Be protected in acting upon any notice, request, certificate, approval, consent or other paper believed by it to be genuine, signed by the proper party or parties and in accordance with the terms of this Agreement; ; (d) Be deemed conclusively to have given and delivered any notice required to be given or delivered hereunder if the same is in writing, signed by any one of its authorized officers and mailed, by registered or certified mail, in a sealed postpaid wrapper, addressed to the Fund Company at the following address: Cornerstone Realty FundAbacus Research and Development, LLC ▇▇▇▇ Inc. 2601 Wyoming, NE Suite 209 ▇▇▇▇▇▇▇▇▇ ▇▇▇▇. ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (e) Be indemnified and held ▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇d harmless by the Managing Member Company from any and all claims made against it (including claims regarding the disbursement of funds), or any and all expenses incurred by it (including reasonable attorneys' fees), by reason of its acting or failing to act in connection with any of the transactions contemplated hereby and against any loss it may sustain in carrying out the terms of this Agreement, except such claims, expenses or losses which are occasioned by its bad faith, negligence or willful misconduct; and (f) Not Note be liable for any forgeries or impersonations concerning any documents to be handled by it.

Appears in 1 contract

Sources: Escrow Agreement (Abacus Research & Development Inc)

Duties and Responsibilities of Escrow Agent. The Escrow Agent shall have no duties or responsibilities other than those set forth herein and shall: (a) Be under no duty to enforce payment of any subscription which is to be paid to and held by it hereunder; (b) Be under no duty to accept funds, checks, drafts or instruments for the payment of money from anyone other than the Participating Brokers or the Managing Member Company or to give any receipt therefor except to the Participating Brokers or the Managing MemberCompany; (c) Be protected in acting upon any notice, request, certificate, approval, consent or other paper believed by it to be genuine, signed by the proper party or parties and in accordance with the terms of this Agreement; (d) Be deemed conclusively to have given and delivered any notice required to be given or delivered hereunder if the same is in writing, signed by any one of its authorized officers and mailed, by registered or certified mail, in a sealed postpaid wrapper, addressed to the Fund Company at the following address: Cornerstone Realty FundRetrac Medical, LLC Inc. ▇▇ ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇. ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (e) Be indemnified and held harmless by the Managing Member Company from any and all claims made against it (including claims regarding the disbursement of funds), or any and all expenses incurred by it (including reasonable attorneys' fees), by reason of its acting or failing to act in connection with any of the transactions contemplated hereby and against any loss it may sustain in carrying out the terms of this Agreement, except such claims, expenses or losses which are occasioned by its bad faith, negligence or willful misconduct; and (f) Not be liable for any forgeries or impersonations concerning any documents to be handled by it.

Appears in 1 contract

Sources: Escrow Agreement (Retrac Medical Inc)

Duties and Responsibilities of Escrow Agent. The Escrow Agent shall have no duties or responsibilities other than those set forth herein and shall: (a) Be under no duty to enforce payment of any subscription which is to be paid to and held by it hereunder; (b) Be under no duty to accept funds, checks, drafts or instruments for the payment of money from anyone other than the Participating Brokers Selling Agents or the Managing Member Telegen or to give any receipt therefor except to the Participating Brokers Selling Agents or the Managing MemberTelegen; (c) Be protected in acting upon any notice, request, certificate, approval, consent or other paper believed by it to be genuine, signed by the proper party or parties and in accordance with the terms of this Agreement and the Selling Agreement; (d) Be deemed conclusively to have given and delivered any notice required to be given or delivered hereunder if the same is in writing, signed by any one of its authorized officers and mailed, by registered or certified mail, in a sealed postpaid wrapper, addressed to the Fund Telegen at the following address: Cornerstone Realty Fund, LLC Telegen Corporation ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇. ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, President (e) Be indemnified and held harmless by the Managing Member Telegen from any and all claims made against it (including claims regarding the disbursement of funds), or any and all expenses incurred by it (including reasonable attorneys' fees), by reason of its acting or failing to act in connection with any of the transactions contemplated hereby and against any loss it may sustain in carrying out the terms of this Agreement, except such claims, expenses or losses which are occasioned by its bad faith, negligence or willful misconduct; and; (f) Not be liable for any forgeries or impersonations concerning any documents to be handled by it.

Appears in 1 contract

Sources: Selling Agreement (Telegen Corp /Co/)

Duties and Responsibilities of Escrow Agent. The Escrow Agent ------------------------------------------- shall have no duties or responsibilities other than those set forth herein and shall: (a) Be under no duty to enforce payment of any subscription which is to be paid to and held by it hereunder; (b) Be under no duty to accept funds, checks, drafts or instruments for the payment of money from anyone other than the Participating Brokers or the Managing Member or to give any receipt therefor except to the Participating Brokers or the Managing Member; (c) Be protected in acting upon any notice, request, certificate, approval, consent or other paper believed by it to be genuine, signed by the proper party or parties and in accordance with the terms of this Agreement; (d) Be deemed conclusively to have given and delivered any notice required to be given or delivered hereunder if the same is in writing, signed by any one of its authorized officers and mailed, by registered or certified mail, in a sealed postpaid wrapper, addressed to the Fund at the following address: Cornerstone Realty Fund, LLC ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇. ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (e) Be indemnified and held harmless by the Managing Member from any and all claims made against it (including claims regarding the disbursement of funds), or any and all expenses incurred by it (including reasonable attorneys' fees), by reason of its acting or failing to act in connection with any of the transactions contemplated hereby and against any loss it may sustain in carrying out the terms of this Agreement, except such claims, expenses or losses which are occasioned by its bad faith, negligence or willful misconduct; and (f) Not be liable for any forgeries or impersonations concerning concern- ing any documents to be handled by it.

Appears in 1 contract

Sources: Escrow Agreement (Cornerstone Realty Fund LLC)