Exculpation of Escrow Agent. In performing its duties hereunder, Escrow Agent, except for its gross negligence, willful misconduct or breach of its obligations under this Agreement, shall not incur any liability to anyone for any loss or damage resulting from any good faith act or forbearance of Escrow Agent, any default, error, action or omission of any party other than Escrow Agent, the lack of authenticity of any writing delivered to Escrow Agent or of any signature thereto or the lack of authority of the signatory to such writing, Escrow Agent's compliance with all attachments, writs, orders, judgments or other legal process issued out of any court, Escrow Agent's assertion or failure to assert any cause of action or defense in any judicial or administrative proceeding or any loss or damage which arises after the Escrow Amount has been disbursed in accordance with the terms of this Escrow Agreement.
Appears in 1 contract
Sources: Required Repair Escrow Agreement (Education Realty Trust, Inc.)
Exculpation of Escrow Agent. In performing its duties hereunder, Escrow Agent, except for its gross negligence, willful misconduct or breach of its obligations under this Agreement, shall not incur any liability to anyone for any loss or damage resulting from any good faith act or forbearance of Escrow Agent, any default, error, action or omission of any party other than Escrow Agent, the lack of authenticity of any writing delivered to Escrow Agent or of any signature thereto or the lack of authority of the signatory to such writing, Escrow Agent's ’s compliance with all attachments, writs, orders, judgments or other legal process issued out of any court, Escrow Agent's ’s assertion or failure to assert any cause of action or defense in any judicial or administrative proceeding or any loss or damage which arises after the Escrow Amount has been disbursed in accordance with the terms of this Escrow Agreement.
Appears in 1 contract
Sources: Contribution Agreement (Education Realty Trust, Inc.)