Common use of Xxxxxxx Money Deposit Clause in Contracts

Xxxxxxx Money Deposit. On the business day following the date of the execution hereof by Purchaser and Seller, Purchaser shall deliver to Escrow Holder, in Good Funds, the sum of Two Fifty Thousand Dollars ($250,000.00) (together with all interest accrued thereon the “Initial Deposit”). The Initial Deposit shall become non-refundable to Purchaser if Purchaser does not terminate this Agreement prior to the expiration of the Due Diligence Period pursuant to the provisions of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance with the provisions of Section 4.4 hereof, prior to the expiration of the Due Diligence Period Purchaser shall deposit with Escrow Holder, in Good Funds, the additional sum of Five Hundred Thousand Dollars ($500,000.00) (the “Additional Deposit”). The Xxxxxxx Money Deposit shall be held by Escrow Holder in accordance with the terms of this Agreement. The Xxxxxxx Money Deposit shall be non-refundable to Purchaser (and shall constitute liquidated damages pursuant to Section 9.1 hereof) upon the expiration of the Due Diligence Period (unless Purchaser has, prior thereto, delivered to Seller its Notice of Purchaser’s termination of this Agreement as provided in Section 4.4 hereof); provided, however that the Xxxxxxx Money Deposit shall be refundable to Purchaser in the event of (a) a material uncured default by Seller of its obligations under this Agreement, (b) a failure of a condition precedent to Purchaser’s obligations as set forth in this Agreement or (c) as otherwise specifically provided by this Agreement. The Xxxxxxx Money Deposit shall be applied to the Purchase Price on the Close of Escrow.

Xxxxxxx Money Deposit. On Within three (3) business days after the business day following Execution Date, and as a condition precedent to the date effectiveness of this Agreement, Buyer shall deposit in escrow with the execution hereof Title Company by Purchaser and Seller, Purchaser shall deliver to Escrow Holder, in Good Funds, wire transfer or other immediately available funds the sum of Two Fifty Three Hundred Thousand Dollars ($250,000.00300,000) (together with all interest accrued thereon the “Initial Deposit”). The Initial Deposit shall become non-refundable to Purchaser if Purchaser does If Buyer has not terminate terminated this Agreement prior to on or before the expiration of the Due Diligence Period pursuant to as permitted herein, Buyer shall, on the provisions of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance with the provisions of Section 4.4 hereof, prior to first business day following the expiration of the Due Diligence Period Purchaser shall Period, deposit with Escrow Holder, in Good Funds, the an additional sum of Five Six Hundred Thousand Dollars ($500,000.00600,000) (the “Additional Deposit”)) in escrow with the Title Company by wire transfer or other immediately available funds. The Xxxxxxx Money Initial Deposit and the Additional Deposit, as and when made as required herein, shall be referred to collectively as the “Deposit.” The Deposit shall be applied against the Purchase Price on the Closing of this Transaction and shall otherwise be held and delivered by Escrow Holder the Title Company in accordance with the provisions of Article 13. If Buyer fails timely to make the Initial Deposit as provided herein, Buyer shall be deemed to have elected to terminate this Agreement, and Seller and Buyer shall have no further liability hereunder except for obligations which by the express terms of this Agreement survive the termination of this Agreement. The Xxxxxxx Money If Buyer fails to make the Additional Deposit shall be non-refundable as and when required herein, Seller may enforce Buyer’s obligation to Purchaser (make the Additional Deposit and shall constitute liquidated damages xxx to collect the same from Buyer, notwithstanding Seller’s termination of this Agreement and receipt of the Initial Deposit pursuant to the following Section 9.1 hereof) upon 11.1. Buyer acknowledges and agrees that if it has not terminated this Agreement as of the expiration of the Due Diligence Period (unless Purchaser hasPeriod, prior thereto, delivered Buyer’s obligation to Seller its Notice of Purchaser’s make the Additional Deposit shall expressly survive any later termination of this Agreement as provided in Section 4.4 hereof); provided, however that the Xxxxxxx Money Deposit shall be refundable to Purchaser in the event of (a) a material uncured default by Seller of its obligations under this Agreement, (b) a failure of a condition precedent to Purchaserfor Buyer’s obligations as set forth in this Agreement or (c) as otherwise specifically provided by this Agreement. The Xxxxxxx Money Deposit shall be applied to the Purchase Price on the Close of Escrowdefault.

Xxxxxxx Money Deposit. On the business day (a) Within three (3) days following the date full execution and delivery of the execution hereof by Purchaser and Seller, Purchaser shall deliver to Escrow Holderthis Contract unless such third day is not a Business Day, in Good Fundswhich case the Initial Deposit shall be due on the next Business Day, Buyer shall deposit the sum of Two Fifty Thousand Dollars $100.00 ($250,000.00One hundred dollars) by wire transfer of immediately available funds (together with all interest accrued thereon the “Initial Deposit”)) with the Escrow Agent. The In the event Buyer fails to make such Initial Deposit then this Contract shall become non-refundable automatically terminate with no further liability on either party’s behalf except with respect to Purchaser if Purchaser those provisions of this Contract that are deemed to survive such termination. If, pursuant to the provisions of Section 3.1 of this Contract, Buyer does not terminate elect to proceed with this Agreement Contract prior to the expiration of the Due Diligence Period pursuant Review Period, then Escrow Agent shall return the Initial Deposit to Buyer immediately upon written notice to that effect from Buyer. If Buyer elects to proceed with this Contract before the provisions expiration of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance the Review Period, then Buyer shall deposit the additional sum of $10,000.00 (ten thousand dollars), by letter of credit or by wire transfer of immediately available funds (the “Additional Deposit”) with the provisions Escrow Agent on or before the expiration of Section 4.4 hereof, the Review Period. The Initial Deposit and the Additional Deposit shall hereinafter be collectively referred to as the “Xxxxxxx Money Deposit”. If Buyer elects to proceed with this Contract prior to the expiration of the Due Diligence Period Purchaser Review Period, then Buyer’s failure to deposit the Additional Deposit when due shall deposit with Escrow Holderconstitute a default by Buyer, in Good Fundswhich case, the additional sum of Five Hundred Thousand Dollars ($500,000.00) (the “Additional Deposit”). The Xxxxxxx Money Deposit Seller shall be held by Escrow Holder in accordance with the terms of this Agreement. The Xxxxxxx Money Deposit shall be non-refundable entitled to Purchaser (and shall constitute liquidated damages pursuant to Section 9.1 hereof) upon the expiration of the Due Diligence Period (unless Purchaser has, prior thereto, delivered to Seller exercise its Notice of Purchaser’s termination of this Agreement as provided in Section 4.4 hereof); provided, however that the Xxxxxxx Money Deposit shall be refundable to Purchaser in the event of (a) a material uncured default by Seller of its obligations under this Agreement, (b) a failure of a condition precedent to Purchaser’s obligations as remedies set forth in this Agreement or (c) as otherwise specifically provided by this Agreement. The Xxxxxxx Money Deposit shall be applied to the Purchase Price on the Close of EscrowSection 14.1.

Xxxxxxx Money Deposit. On the business day following the date of the execution hereof by Purchaser and Seller, Purchaser shall deliver to Escrow Holder, in Good Funds, the sum of Two (a) One Million Five Hundred Fifty Thousand Dollars ($250,000.001,550,000) of the consideration to be received by Seller (together with all interest accrued thereon the “Initial "Deposit”") shall be delivered by Buyer to the Escrow Bank within five (5) days after the satisfaction of the condition precedent in Section 10.5(c). The Initial Deposit shall become non-refundable to Purchaser if Purchaser does not terminate this Agreement prior to the expiration of the Due Diligence Period pursuant to the provisions of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance with the provisions of Section 4.4 hereof, prior to the expiration of the Due Diligence Period Purchaser shall deposit with Escrow Holder, in Good Funds, the additional sum of Five Hundred Thousand Dollars ($500,000.00) (the “Additional Deposit”). The Xxxxxxx Money Deposit shall be held by Escrow Holder held, invested and applied in accordance with the terms of this Agreement and the Escrow Agreement. The Xxxxxxx Money Deposit shall be noninvested in such interest bearing accounts, short-refundable to Purchaser (and shall constitute liquidated damages pursuant to Section 9.1 hereof) upon the expiration term obligations of the Due Diligence Period (unless Purchaser hasUnited States, prime commercial paper, commercial acceptances or bank certificates of deposit as from time to time directed by Buyer in its sole discretion upon written instructions delivered by Buyer to the Escrow Bank, provided that all such investments shall mature on or prior thereto, delivered to Seller its Notice of Purchaser’s termination of this Agreement as provided in Section 4.4 hereof); provided, however the Closing Date so that the Xxxxxxx Money funds represented thereby will be available on the Closing Date without penalties for early withdrawals. All interest accrued on the Deposit shall be refundable for the account of Buyer. Interest accrued with respect to Purchaser any investment of the Deposit having a maturity date prior to the Closing Date shall be added to the Deposit and reinvested as Buyer shall direct. The Deposit, together with all interest accrued thereon to the Closing Date, shall be paid to Buyer as Buyer and Seller shall direct by joint written instructions delivered to the Escrow Bank if the transaction contemplated by this Agreement is not consummated due to any reason other than the default of Buyer in the event of (a) a material uncured default by Seller performance of its obligations under this Agreement, (b) a or such earlier date as Buyer and Seller shall deliver to the Escrow Bank joint written instructions that this Agreement has been validly terminated. If the transactions contemplated by this Agreement are not consummated due solely to Buyer's failure of a condition precedent or refusal to Purchaser’s perform its obligations as set forth in Section 12.3 after all of the conditions specified in Article 10 have been satisfied or waived, and Seller has performed or stands ready to perform its obligations set forth in Section 12.2, Seller shall, as its sole and exclusive remedy against Buyer, immediately draw upon the Deposit hereunder as liquidated damages, which amount the parties to this Agreement or (c) as otherwise specifically provided by agree is reasonable and fair compensation for the foreseeable losses that might result from such breach considering all of the circumstances existing on the date of this Agreement, including the relationship of the Deposit to the range of harm to Seller that can be reasonably anticipated, and in recognition that proof of actual damages would be difficult, costly or inconvenient. The Xxxxxxx Money In such case, the Deposit shall be applied paid to Seller on the Closing Date and all accrued interest thereon shall be paid to Buyer on the same date. If the transactions contemplated by this Agreement are not consummated due solely to Seller's failure or refusal to perform its obligations set forth in Section 12.2 after all of the conditions specified in Article 11 have been satisfied or waived, and Buyer has performed or stands ready to perform its obligations set forth in Section 12.3, Buyer shall, as its sole and exclusive remedy against Seller, be entitled to receive (in addition to the Purchase Price return of the Deposit together with accrued interest thereon) from Seller the sum of One Million Five Hundred Fifty Thousand Dollars ($1,550,000), which amount the parties to this Agreement agree is reasonable and fair compensation for the losses that might result from such breach considering all of the circumstances existing on the Close date of Escrowthis Agreement, including the relationship of such sum to the range of harm to Buyer that can be reasonably anticipated, and in recognition that proof of actual damages would be difficult, costly or inconvenient. Each party to this Agreement specifically confirms the accuracy of the statements made above and the fact that each party is represented by counsel who explained the consequences of this liquidated damages provision at the time this Agreement was made.

Xxxxxxx Money Deposit. On the business day following the date Upon full execution of the execution hereof by Purchaser this Sixth Amendment to Purchase and SellerSale Agreement, Purchaser shall deliver to Escrow Holderdeposit, in Good Fundsby wire transfer, the additional sum of Two Hundred Eighty Thousand Dollars ($280,000.00), with the Escrow Agent as an additional deposit of Xxxxxxx Money under the Agreement. Purchaser acknowledges and agrees that the entire amount of the Xxxxxxx Money, including the Initial Deposit, the Additional Deposit and the additional deposit of $280,000.00 made herewith, shall be non-refundable to Purchaser, unless Seller shall default under the Agreement, but shall be applicable (together with any interest earned on the Xxxxxxx Money) to the Purchase Price at Closing in accordance with the terms of the Agreement. In the event Purchaser delivers written notice to Seller in accordance with Paragraph 2 of this Sixth Amendment that it desires to extend the Closing Date to April 30, 2008, Purchaser shall deposit, by wire transfer, the additional sum of Two Hundred Fifty Thousand Dollars ($250,000.00) (together with all interest accrued thereon the “Initial Deposit”). The Initial Deposit shall become non-refundable to Purchaser if Purchaser does not terminate this Agreement prior to the expiration of the Due Diligence Period pursuant to the provisions of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance with the provisions Escrow Agent as an additional deposit of Section 4.4 hereof, prior to the expiration of the Due Diligence Period Purchaser shall deposit with Escrow Holder, in Good Funds, the additional sum of Five Hundred Thousand Dollars ($500,000.00) (the “Additional Deposit”). The Xxxxxxx Money Deposit shall be held by Escrow Holder in accordance with the terms of this Agreement. The Xxxxxxx Money Deposit which shall be non-refundable to Purchaser unless Sellers shall default under the Agreement, but shall be applicable (and shall constitute liquidated damages pursuant to Section 9.1 hereof) upon the expiration of the Due Diligence Period (unless Purchaser has, prior thereto, delivered to Seller its Notice of Purchaser’s termination of this Agreement as provided in Section 4.4 hereof); provided, however that together with any interest earned on the Xxxxxxx Money Deposit shall be refundable to Purchaser in the event of (aMoney) a material uncured default by Seller of its obligations under this Agreement, (b) a failure of a condition precedent to Purchaser’s obligations as set forth in this Agreement or (c) as otherwise specifically provided by this Agreement. The Xxxxxxx Money Deposit shall be applied to the Purchase Price at Closing in accordance with the terms of the Agreement. Purchaser hereby acknowledges and agrees that the entire Xxxxxxx Money deposited as of the date of execution of this Sixth Amendment by both Seller and Purchaser in the amount of One Million Dollars ($1,000,000.00) is non-refundable to Purchaser as of the date of this Sixth Amendment and Purchaser specifically waives any and all claims to such Xxxxxxx Money if Purchaser fails to close on the Close transaction contemplated hereunder for any reason other than a default by Seller under the Agreement, as amended, which occurs after the date of Escrowthis Sixth Amendment. Purchaser agrees that such waiver shall forever estop Purchaser from claiming any right to the Xxxxxxx Money based upon any alleged actions or omissions by Seller in connection with the Property or this transaction prior to the date hereof.

Xxxxxxx Money Deposit. On Buyer agrees to cause an escrow (the business day "Escrow") to be opened with First American Title Insurance Company in San Diego, California ("Escrow Holder"), and Buyer shall deposit into the Escrow within five (5) days following the date of the execution hereof by Purchaser and Seller, Purchaser shall deliver to Escrow Holder, in Good Funds, the sum of Effective Date Two Fifty Hundred Forty Thousand Dollars ($250,000.00) (together with all interest accrued thereon the “Initial Deposit”). The Initial Deposit shall become non-refundable to Purchaser if Purchaser does not terminate this Agreement prior to the expiration of the Due Diligence Period pursuant to the provisions of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance with the provisions of Section 4.4 hereof, prior to the expiration of the Due Diligence Period Purchaser shall deposit with Escrow Holder, in Good Funds, the additional sum of Five Hundred Thousand Dollars ($500,000.00240,000.00) (the “Additional "Xxxxxxx Money Deposit”"). The Xxxxxxx Money Deposit shall be held made by delivering cash or certified funds to Escrow Holder. Any funds delivered to Escrow Holder shall be deposited by Escrow Holder in an insured interest bearing account or another account designated by Buyer. Interest accruing on the Xxxxxxx Money Deposit, if any, shall be held for the benefit of Buyer and, if so directed by Buyer, shall apply towards the payment of the Purchase Price. The Escrow shall be opened and maintained for the purpose of holding and disbursing monetary deposits and documents evidencing monetary amounts as directed by Buyer and Seller, and Escrow Holder is hereby directed to disburse funds held by it in accordance with the terms and provisions of this Agreement, or as otherwise directed in a writing signed by both Buyer and Seller. If this Agreement is terminated prior to or at the End of the Inspection Period and Buyer has made the Xxxxxxx Money Deposit, Escrow Holder is hereby instructed to promptly return the Xxxxxxx Money Deposit, together with any interest earned thereon, to Buyer. Similarly, if this Agreement is terminated after the End of the Inspection Period due to a default by Seller, Escrow Holder is hereby instructed to promptly return the Xxxxxxx Money Deposit, together with any interest earned thereon, to Buyer. If this Agreement is terminated after the End of the Inspection Period due to a default by Buyer, Escrow Holder is hereby instructed to promptly deliver the Xxxxxxx Money Deposit to Seller. These instructions shall be irrevocable and shall supersede any conflicting provision in Escrow Holder's general conditions or in any escrow instructions executed upon Escrow Holder's request. This Agreement shall constitute escrow instructions to Escrow Holder with respect to the Xxxxxxx Money Deposit, but Escrow Holder shall be concerned only with the receipt and deposit of funds and the disbursement of funds as provided in this Agreement, or as otherwise directed in writing by both Buyer and Seller, but shall not be otherwise concerned with the terms and provisions of this Agreement. The Xxxxxxx Money Deposit At the Closing and at Buyer's request, Seller shall be non-refundable deliver to Purchaser (and shall constitute liquidated damages pursuant Buyer, in addition to Section 9.1 hereof) upon all other deliveries required herein, an executed instruction directing the expiration of the Due Diligence Period (unless Purchaser has, prior thereto, delivered Escrow Holder to Seller its Notice of Purchaser’s termination of this Agreement as provided in Section 4.4 hereof); provided, however that return the Xxxxxxx Money Deposit to Buyer, which instruction shall be refundable to Purchaser in the event of (a) a material uncured default form approved by Seller of its obligations under this Agreement, (b) a failure of a condition precedent to Purchaser’s obligations as set forth in this Agreement or (c) as otherwise specifically provided by this Agreement. The Xxxxxxx Money Deposit shall be applied to the Purchase Price on the Close of EscrowBuyer and Escrow Holder.

Xxxxxxx Money Deposit. On An xxxxxxx money deposit in the amount ONE MILLION TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($1,250,000.00) shall be deposited with Escrow Agent by Buyer within three (3) business day following days after the date Effective Date. Escrow Agent shall provide Seller written notice of the execution hereof receipt of the Xxxxxxx Money Deposit. This Agreement may be terminated by Purchaser and Seller, Purchaser shall deliver Seller by notice to Buyer if the Xxxxxxx Money Deposit is not delivered to Escrow HolderAgent by such deadline. All deposits made as xxxxxxx money, in Good Funds, the sum of Two Fifty Thousand Dollars ($250,000.00) (together with all interest accrued thereon the “Initial Deposit”). The Initial Deposit earnings thereon, shall become non-refundable to Purchaser if Purchaser does not terminate this Agreement prior to be deemed included within the expiration meaning of the Due Diligence Period pursuant to the provisions of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance with the provisions of Section 4.4 hereof, prior to the expiration of the Due Diligence Period Purchaser shall deposit with Escrow Holder, in Good Funds, the additional sum of Five Hundred Thousand Dollars ($500,000.00) (the “Additional Deposit”)term Xxxxxxx Money Deposit for all purposes. The Xxxxxxx Money Deposit shall be held by Escrow Holder in accordance with the terms of this Agreement. The Xxxxxxx Money Deposit shall be non-refundable to Purchaser (and shall constitute liquidated damages pursuant to Section 9.1 hereof) upon the expiration of the Due Diligence Period (unless Purchaser has, prior thereto, delivered to Seller its Notice of Purchaser’s termination of this Agreement as specifically provided in Section 4.4 hereof); provided, however that the Xxxxxxx Money Deposit shall be refundable to Purchaser in the event of (a) a material uncured default by Seller of its obligations under this Agreement, (b) a failure of a condition precedent to Purchaser’s obligations as set forth in this Agreement or (c) as otherwise specifically provided by this Agreement. The Xxxxxxx Money Deposit and, if Closing shall occur, shall be applied to the Purchase Price on at Closing. If Closing shall not occur, the Close Xxxxxxx Money Deposit shall be disbursed to Seller or returned to Buyer in accordance with the provisions of Escrowthis Agreement. If Seller delivers to Escrow Agent a written notice (“Seller’s Notice”) that (i) Buyer has defaulted under this Agreement; (ii) as a result of such default Seller has duly terminated this Agreement (if Seller is entitled to terminate this Agreement as a result of such default) and is entitled to payment of the Xxxxxxx Money Deposit; and (iii) Seller is simultaneously delivering to Buyer, pursuant to the notice provisions of this Agreement, a copy of the Seller’s Notice, Escrow Agent agrees if Buyer has not given notice of a dispute to Escrow Agent within five (5) business days of the date of Seller’s notice, then Escrow Agent agrees to deliver the Xxxxxxx Money Deposit to Seller. If Escrow Agent receives such a written dispute from Buyer, then Escrow Agent shall not be permitted to deliver the Xxxxxxx Money Deposit to Seller. If Buyer delivers written notice (“Buyer’s Notice”) that (A) Buyer is entitled to the return of the Xxxxxxx Money Deposit as a result of Buyer’s proper exercise of a termination right expressly afforded Buyer under this Agreement; and (B) Buyer is simultaneously delivering to Seller, pursuant to the notice provisions of this Agreement, a copy of the Buyer’s Notice, then Escrow Agent agrees to deliver notice thereof to Seller and if the Seller has not given notice of a dispute to Escrow Agent within five (5) business days of Seller’s receipt of such Escrow Agent’s notice, then Escrow Agent agrees to deliver the Xxxxxxx Money Deposit to Buyer. If Escrow Agent receives such a written dispute from Seller, then Escrow Agent shall not be permitted to deliver the Xxxxxxx Money Deposit to Buyer. Notwithstanding the foregoing, if Buyer terminates, or is deemed to have terminated this Agreement prior to the end of the Inspection Period, Seller shall have no right to the return of the Xxxxxxx Money Deposit and Escrow Agent shall promptly deliver the Xxxxxxx Money Deposit to Buyer.

Xxxxxxx Money Deposit. On the Within two (2) business day days following the date of the execution hereof by Purchaser and SellerEffective Date, Purchaser shall deliver to Escrow Holder, in Good Funds, the sum of Two Fifty One Million Five Hundred Thousand Dollars ($250,000.001,500,000) (together with all interest accrued thereon thereon, and the Additional Deposit, if delivered, the “Initial Deposit”). The Initial Deposit shall become non-refundable to Purchaser if Purchaser does not terminate this Agreement prior to the expiration of the Due Diligence Period pursuant to the provisions of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance with the provisions of Section 4.4 hereof, prior to the expiration of the Due Diligence Period Purchaser shall deposit with Escrow Holder, in Good Funds, the additional sum of Five Hundred Thousand Dollars ($500,000.00) (the “Additional Xxxxxxx Money Deposit”). The Xxxxxxx Money Deposit shall be held fully refundable to Purchaser if Purchaser elects to terminate this Agreement for any reason on or before the 30th day following the Effective Date (“Due Diligence Period”). If Purchaser has not elected to terminate this Agreement and cancel the Escrow prior to the later of (i) the end of the Due Diligence Period and (ii) the end of the Limited Due Diligence Period, if any, then, within two (2) business days, Purchaser shall increase the Xxxxxxx Money Deposit to Two Million Five Hundred Thousand Dollars ($2,500,000) (without regard to any interest earnings, provided that any interest earned thereon shall become part of the Xxxxxxx Money Deposit) by delivery to Escrow Holder of the additional sum of One Million Dollars ($1,000,000) (the “Additional Deposit”) in accordance with Good Funds. In the terms event of any failure by Purchaser to timely deliver the Additional Deposit, if Purchaser has not remedied such failure within one (1) business day following written notice of such failure from Seller to Purchaser, Seller shall have the absolute right by written notice to Purchaser, given at any time prior to the posting of the Additional Deposit, to terminate this Agreement, whereupon Seller shall be entitled to receive the Xxxxxxx Money Deposit. The Upon expiration of the later of (i) the Due Diligence Period and (ii) the Limited Due Diligence Period, if any, unless Purchaser has timely terminated this Agreement, the Xxxxxxx Money Deposit shall thereafter be non-refundable to Purchaser Purchaser, except (and shall constitute liquidated damages pursuant to Section 9.1 hereofa) upon the expiration of the Due Diligence Period (unless Purchaser has, prior thereto, delivered to Seller its Notice of Purchaser’s termination of this Agreement as provided in Section 4.4 hereof); provided, however that the Xxxxxxx Money Deposit shall be refundable to Purchaser in the event of (a) a material uncured default by Seller of its obligations under this Agreement that is not cured within any applicable cure period provided in this Agreement, (b) a upon the failure of a condition precedent to Purchaser’s obligations as set forth in this Agreement Agreement, or (c) as otherwise specifically provided by in this Agreement. The Xxxxxxx Money Deposit shall be applied to the Purchase Purchaser Price on the Close of EscrowClosing Date in the event Closing occurs.

Xxxxxxx Money Deposit. On Within two business days after the business day following the date Effective Date of the execution hereof by Purchaser and Sellerthis Contract, Purchaser shall deliver deposit xxxxxxx money in the form of a certified or cashier's check in the amount of $25,000 (the "Xxxxxxx Money") payable to Escrow HolderSafeco Land Title of Dallas (the "Title Company"), in Good Fundsits capacity as escrow agent, to be held in escrow pursuant to the sum terms of Two Fifty Thousand Dollars (this Contract. Seller's acceptance of this Contract is expressly conditioned upon Purchaser's timely deposit of the Xxxxxxx Money with the Title Company. If Purchaser fails to timely deposit the Xxxxxxx Money, Seller may, at Seller's option, terminate this Contract by delivering a written termination notice to Purchaser. Notwithstanding anything herein to the contrary, a portion of the Xxxxxxx Money in the amount of $250,000.00) (together with all interest accrued thereon the “Initial Deposit”). The Initial Deposit 100 shall become be non-refundable and shall be distributed to Seller at Closing or other termination of this Contract as full payment and independent consideration for Seller's performance under this Contract. If this Contract is properly terminated by Purchaser pursuant to a right of termination granted to Purchaser if for Seller's performance under this Contract. If this Contract is properly terminated by Purchaser does not terminate this Agreement prior to the expiration of the Due Diligence Period pursuant to the provisions a right of Section 4.4 hereof. Unless termination granted to Purchaser has elected to terminate by any provision of this Agreement in accordance with the provisions of Section 4.4 hereofContract, prior to the expiration of the Due Diligence Period Purchaser shall deposit with Escrow Holder, in Good Fundsor any attached Addenda, the additional sum of Five Hundred Thousand Dollars Xxxxxxx Money, less the non-refundable portion, shall be promptly refunded to Purchaser, and the parties shall have no further rights or obligations under this Contract ($500,000.00) (except for those which may expressly survive the “Additional Deposit”termination). The Xxxxxxx Money Deposit [X] shall [ ] shall not be held placed in an interest-bearing account by Escrow Holder in accordance with the terms of this Agreement. The Xxxxxxx Money Deposit Title Company, and any interest earned thereon shall be non-refundable to Purchaser (and shall constitute liquidated damages pursuant to Section 9.1 hereof) upon the expiration become a part of the Due Diligence Period (unless Purchaser has, prior thereto, delivered to Seller its Notice of Purchaser’s termination of this Agreement as provided in Section 4.4 hereof); provided, however that Xxxxxxx Money. At Closing the Xxxxxxx Money Deposit shall be refundable to Purchaser in the event of (a) a material uncured default by Seller of its obligations under this Agreement, (b) a failure of a condition precedent to Purchaser’s obligations as set forth in this Agreement or (c) as otherwise specifically provided by this Agreement. The Xxxxxxx Money Deposit shall be applied to the Purchase Price on the Close of EscrowPrice.

Xxxxxxx Money Deposit. On Within two business days after the business day following the date Effective Date of the execution hereof by Purchaser and Sellerthis Contract, Purchaser shall deliver deposit xxxxxxx money in the form of a certified or cashier's check in the amount of $ 5,000.00 (the "Xxxxxxx Money") payable to Escrow HolderAmerican Title Company, 3131 Turtle Creek, Dallas, TX. Ph. 528-8916 (the "Title Company"), in Good Fundsits capacity as escrow agent, to be held in escrow pursuant to the sum terms of Two Fifty Thousand Dollars ($250,000.00) (together this Contract. Seller's acceptance of this Contract is expressly conditioned upon Purchaser's timely deposit of the Xxxxxxx Money with all interest accrued thereon the “Initial Deposit”)Title Company. The Initial Deposit If Purchaser fails to timely deposit the Xxxxxxx Money, Seller may, at Seller's option, terminate this Contract by delivering a written termination notice to Purchaser. Notwithstanding anything herein to the contrary, a portion of the Xxxxxxx Money in the amount of $ 100.00 shall become be non-refundable and shall be distributed to Seller at Closing or other termination of this Contract as full payment and independent consideration for Seller's performance under this Contract. If this Contract is properly terminated by Purchaser pursuant to a right of termination granted to Purchaser if Purchaser does not terminate by any provision of this Agreement prior to the expiration of the Due Diligence Period pursuant to the provisions of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance with the provisions of Section 4.4 hereofContract, prior to the expiration of the Due Diligence Period Purchaser shall deposit with Escrow Holder, in Good Fundsor any attached Addenda, the additional sum of Five Hundred Thousand Dollars Xxxxxxx Money, less the non-refundable portion, shall be promptly refunded to Purchaser, and the parties shall have no further rights or obligations under this Contract ($500,000.00) (except for those which may expressly survive the “Additional Deposit”termination). The Xxxxxxx Money Deposit [ x ]SHALL [ ] SHALL NOT be placed in an interest bearing account by the Title Company, and any interest earned thereon shall be held by Escrow Holder in accordance with the terms of this Agreement. The Xxxxxxx Money Deposit shall be non-refundable to Purchaser (and shall constitute liquidated damages pursuant to Section 9.1 hereof) upon the expiration become a part of the Due Diligence Period (unless Purchaser has, prior thereto, delivered to Seller its Notice of Purchaser’s termination of this Agreement as provided in Section 4.4 hereof); provided, however that Xxxxxxx Money. At Closing the Xxxxxxx Money Deposit shall be refundable to Purchaser in the event of (a) a material uncured default by Seller of its obligations under this Agreement, (b) a failure of a condition precedent to Purchaser’s obligations as set forth in this Agreement or (c) as otherwise specifically provided by this Agreement. The Xxxxxxx Money Deposit shall be applied to the Purchase Price on the Close of EscrowPrice.

Xxxxxxx Money Deposit. On Seller and Buyer agree to cause an escrow (the "Escrow") to be opened with the Escrow Holder. Within three (3) business day following days after the Effective Date, Buyer shall deposit with Escrow Holder One Million Dollars ($1,000,000) by wire transfer of immediately available funds (the "Deposit"). The Deposit, together with any interest earned thereon, shall be the "Xxxxxxx Money Deposit." If the Deposit is not timely made by the applicable date for such Deposit, then this Agreement shall automatically terminate and be of the execution hereof by Purchaser and Seller, Purchaser shall deliver no further force or effect whatsoever. Any funds delivered to Escrow Holder, including without limitation the Deposit, shall be deposited by Escrow Holder in Good Fundsa money market fund or account, which pays interest or dividends, in Escrow Holder's name separate from Escrow Holder's personal or other business accounts. Interest accruing on the Xxxxxxx Money Deposit, if any, shall be held for the benefit of the party entitled to receive the Xxxxxxx Money Deposit, which party shall pay any income taxes thereon. If so directed by Buyer, the sum Deposit shall apply towards the payment of Two Fifty Thousand Dollars ($250,000.00) (together with all interest accrued thereon the “Initial Deposit”)Purchase Price. The Initial Deposit shall become non-refundable to Purchaser if Purchaser does not terminate taxpayer identification numbers of Seller and Buyer are set forth on the signature page of this Agreement prior to the expiration of the Due Diligence Period pursuant to the provisions of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance with the provisions of Section 4.4 hereof, prior to the expiration of the Due Diligence Period Purchaser shall deposit with Escrow Holder, in Good Funds, the additional sum of Five Hundred Thousand Dollars ($500,000.00) (the “Additional Deposit”)Agreement. The Xxxxxxx Money Deposit Escrow shall be opened and maintained for the purpose of holding and disbursing monetary deposits and documents evidencing monetary amounts as directed by Buyer and Seller, and Escrow Holder is hereby directed to disburse funds held by Escrow Holder in accordance with the terms and provisions of this Agreement, or as otherwise directed in a writing signed by both Buyer and Seller. These instructions shall be irrevocable and shall supersede any conflicting provision in Escrow Holder's general conditions or in any escrow instructions executed upon Escrow Holder's request. The Xxxxxxx Money Deposit shall be non-refundable subject to Purchaser (and shall constitute liquidated damages pursuant the provisions of ARTICLE 8 hereof. If this Agreement is terminated by Buyer prior to Section 9.1 hereof) upon the expiration End of the Due Diligence Period (unless Purchaser hasInspection Period, prior thereto, delivered to Seller its Notice of Purchaser’s termination of this Agreement as provided in Section 4.4 hereof); provided, however that Escrow Holder shall return the Xxxxxxx Money Deposit shall be refundable Deposit, less Buyer's share of Escrow termination costs, to Purchaser Buyer in the event of (a) a material uncured default by Seller of its obligations under this Agreement, (b) a failure of a condition precedent to Purchaser’s obligations as set forth in this Agreement or (c) as otherwise specifically provided by this Agreement. The Xxxxxxx Money Deposit shall be applied to the Purchase Price on the Close of Escrowaccordance with Buyer's unilateral instructions.

Xxxxxxx Money Deposit. On the business day following the date of the execution hereof by Purchaser and Seller, Purchaser shall deliver to Escrow Holder, in Good Funds, the sum of Two Fifty Thousand Dollars ($250,000.00) (together with all interest accrued thereon the “Initial Deposit”). The Initial Deposit shall become non-refundable to Purchaser if Purchaser does not terminate Unless this Agreement terminates prior to the expiration of the Due Diligence Period pursuant to the provisions of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance with the provisions of Section 4.4 hereofContingency Period, prior to within one (1) Business Day after the expiration of the Due Diligence Period Purchaser Contingency Period, Buyer shall deposit the Initial Deposit with Escrow Holder, in Good Fundsby cashier’s check or by wire transfer of immediately available funds, as a deposit on account of the Purchase Price. Immediately upon Escrow Holder’s receipt of the Initial Deposit (and, if applicable, the additional sum of Five Hundred Thousand Dollars ($500,000.00) (Extension Deposit), Escrow Holder shall place the “Additional Deposit”)same in a single interest-bearing account reasonably acceptable to Buyer. The Xxxxxxx Money Deposit shall be deemed to include any interest accrued thereon. The Xxxxxxx Money Deposit (as and when paid to Escrow Holder) shall be held by Escrow Holder in accordance with the terms this Agreement, and, if applicable, in accordance with Escrow Holder's standard form of escrow agreement which Buyer and Seller agree to execute in addition to this Agreement. The Xxxxxxx Money Deposit shall be non-refundable to Purchaser (and shall constitute liquidated damages pursuant to Section 9.1 hereof) upon If the expiration of the Due Diligence Period (unless Purchaser has, prior thereto, delivered to Seller its Notice of Purchaser’s termination of this Agreement transaction contemplated hereby closes as provided in Section 4.4 hereof); providedherein, however that the Xxxxxxx Money Deposit shall be refundable paid to Purchaser Seller and shall be credited toward the Purchase Price and Buyer shall pay through escrow to Seller the balance of the Purchase Price by wire transfer of immediately available funds net of the outstanding principal balance of the Loan, which shall be assumed by Buyer at Closing, and net of all prorations and other adjustments provided for in the event of (a) a material uncured default by Seller of its obligations under this Agreement, (b) a failure of a condition precedent to Purchaser’s obligations as set forth in this Agreement or (c) as otherwise specifically provided by this Agreement. The Xxxxxxx Money If this Agreement is terminated pursuant to the terms hereof or if the transactions do not close, the Deposit shall be applied returned to the Purchase Price on the Close of EscrowBuyer or delivered to Seller as otherwise specified in this Agreement.

Xxxxxxx Money Deposit. On the business day following the date of Concurrently with the execution hereof by Purchaser and SellerBuyer, Purchaser Buyer shall deliver to deposit with the Escrow Holder, in Good Funds, Holder the sum of Two Fifty Thousand Five Million Dollars and 00/100ths ($250,000.005,000,000.00) (together with all interest accrued thereon the “Initial Xxxxxxx Money Deposit”). The Initial Escrow Holder shall hold the Xxxxxxx Money Deposit in United States Treasury obligations or treasury-backed repurchase agreements, or such other investment as may be selected by Buyer and reasonably approved by Sellers on a funds investment form provided by Escrow Holder. All interest or other amounts earned upon the Xxxxxxx Money Deposit shall become non-refundable to Purchaser if Purchaser does not terminate this Agreement prior to the expiration part of the Due Diligence Period Xxxxxxx Money Deposit and shall be applied with the Xxxxxxx Money Deposit in accordance with the terms and provisions of this Agreement. If the Closing occurs pursuant to the provisions of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance with and each Related Purchase Agreement Closing occurs under each Related Purchase Agreement, the Xxxxxxx Money Deposit, plus all accrued interest or other amounts earned thereon, shall be applied against the Purchase Price hereunder and against the purchase price payable under each Related Purchase Agreement, as directed by Buyer. If the Closing fails to occur under the provisions of Section 4.4 hereof, prior this Agreement or any Related Purchase Agreement Closing fails to the expiration of the Due Diligence Period Purchaser shall deposit with Escrow Holder, in Good Fundsoccur under any Related Purchase Agreement, the additional sum of Five Hundred Thousand Dollars ($500,000.00) (the “Additional Deposit”). The Xxxxxxx Money Deposit Deposit, plus all accrued interest or other amounts earned thereon, shall be held by Escrow Holder in accordance with the terms of this Agreement. The Xxxxxxx Money Deposit shall be either delivered to Buyer, or delivered to Sellers as non-refundable to Purchaser liquidated damages (and shall constitute liquidated damages pursuant not as a penalty), as determined by the provisions of Sections 7 below. In the event that Sellers are entitled to Section 9.1 hereof) upon the expiration of the Due Diligence Period (unless Purchaser has, prior thereto, delivered to Seller its Notice of Purchaser’s termination of this Agreement as provided in Section 4.4 hereof); provided, however that retain the Xxxxxxx Money Deposit shall be refundable plus accrued interest or other amounts earned thereon pursuant to Purchaser in Section 7.2.1 below, the event allocation of (a) a material uncured default by Seller of its obligations under this Agreement, (b) a failure of a condition precedent to Purchaser’s obligations as set forth in this Agreement or (c) as otherwise specifically provided by this Agreement. The Xxxxxxx Money Deposit plus accrued or other amounts earned interest thereon among each Seller, shall be applied as determined by Sellers, and neither Buyer nor Escrow Holder shall be concerned therewith. Notwithstanding the foregoing or any other provision hereof to the Purchase Price on contrary, the Close sum of EscrowOne Hundred Dollars and 00/100ths ($100.00) out of the Xxxxxxx Money Deposit is independent of any other consideration provided hereunder, shall be fully earned by Sellers upon the Effective Date hereof, and is not refundable to Buyer under any circumstances. Accordingly, if this Agreement is terminated for any reason by either party, such independent consideration shall be paid by Escrow Holder to Sellers.

Xxxxxxx Money Deposit. On Within two (2) business days after the business day following Effective Date of this Agreement, Buyer shall deposit $25,000.00 (the date "Xxxxxxx Money") in an interest bearing account with First American Title Insurance Company, 0000 Xxxxxxx Xxxxx, 000 Xxxxxxxx Xxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000 (the "Closing Agent") in its capacity as escrow agent in one or more fully insured accounts of Federally insured banking or savings institution(s), pursuant to the terms of this Agreement. If this Agreement is timely terminated pursuant to any right contained herein, the Xxxxxxx Money shall be immediately returned to Buyer. With the removal of the execution hereof by Purchaser contingencies set forth in Paragraph(s) 4 and Seller8 hereof, Purchaser or any other right of termination herein reserved to Buyer, and if this Agreement is not terminated prior to expiration of the Feasibility Period (as defined below), Buyer shall deliver deposit an additional $25,000.00 with the Closing Agent, increasing the Xxxxxxx Money to Escrow Holder, in Good Funds, $50,000.00 and the sum of Two Fifty Thousand Dollars ($250,000.00) (together with all interest accrued thereon the “Initial Deposit”)entire Xxxxxxx Money shall be non- refundable. The Initial Deposit entire Xxxxxxx Money, any additions thereto and any interest earned thereon, shall become non-refundable be credited to Purchaser if Purchaser does not the Purchase Price at the Closing Date (as defined below), unless otherwise provided herein. If Buyer fails to timely deliver the additional Xxxxxxx Money deposit, Seller may, at Seller's option, terminate this Agreement by delivering a written termination notice to Buyer. If for any reason this Agreement is terminated prior to the expiration of the Due Diligence Feasibility Period, or the Second Feasibility Period (as defined below) if such occurs, then the Xxxxxxx Money and any interest accrued thereon shall be immediately returned to Buyer. If the transaction contemplated hereby proceeds to Closing, the Xxxxxxx Money shall be paid to Seller at Closing and Buyer shall receive a credit against the Purchase Price payable hereunder in the amount of the Xxxxxxx Money plus interest accrued thereon. If the Buyer does not terminate this Agreement as set forth herein, or as allowed in Paragraphs 4, 8, 9, 14, 15, and 37 hereof, or otherwise as expressly allowed hereunder, then the Xxxxxxx Money shall thereafter be deemed non-refundable (except to the extent any of the contingencies to Buyer's performance hereunder (including without limitation, Seller's performance of its obligations hereunder) shall not be satisfied). Buyer has paid Seller $0.00 as independent consideration for Buyer's right to terminate by tendering such amount directly to Seller or Seller's agent. If Buyer terminates under this paragraph, the deposit will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price upon closing of the sale, if Buyer does not terminate within the time required. In the event of termination, pursuant to the provisions of Section 4.4 hereof. Unless Purchaser has elected terms and rights contained herein, Buyer to terminate this Agreement in accordance with the provisions of Section 4.4 hereof, prior return all due diligence to the expiration of the Due Diligence Period Purchaser shall deposit with Escrow Holder, in Good Funds, the additional sum of Five Hundred Thousand Dollars ($500,000.00) (the “Additional Deposit”)broker within 5 calendar days. The Xxxxxxx Money Deposit shall be held by Escrow Holder in accordance with the terms balance of this Agreement. The Xxxxxxx Money Deposit shall be non-refundable to Purchaser (and shall constitute liquidated damages pursuant to Section 9.1 hereof) upon the expiration of the Due Diligence Period (unless Purchaser has, prior thereto, delivered to Seller its Notice of Purchaser’s termination of this Agreement as provided in Section 4.4 hereof); provided, however that the Xxxxxxx Money Deposit shall be refundable to Purchaser in the event of (a) a material uncured default by Seller of its obligations under this Agreement, (b) a failure of a condition precedent to Purchaser’s obligations as set forth in this Agreement or (c) as otherwise specifically provided by this Agreement. The Xxxxxxx Money Deposit shall be applied to the Purchase Price in cash is to be deposited by Buyer into an escrow account with the Closing Agent on or before the Close of EscrowClosing Date.

Xxxxxxx Money Deposit. On Purchaser upon acceptance of this contract by Seller (or within three (3 )business/banking days thereafter since Buyer’s attorney will need to wire the business day following the date of the execution hereof by Purchaser and Seller, Purchaser shall funds personally from its trust account) will deliver to XXX XXXXXXX PARTNERS ("Broker" and “Escrow Holder, in Good Funds, Agent”) the sum of Two Two-Hundred Fifty Thousand Dollars and no cents ($250,000.00) as an xxxxxxx money deposit on account of the purchase price hereunder (together with all interest accrued thereon the “Initial Deposit”). The Initial Said Deposit shall become nonbe fully refundable where said Contract becomes void under paragraphs 9, 10 or 15 of this agreement. Where Buyer fails to close within ninety five (95) days from the date of this Contract or otherwise elects to cancel this contract for reasons other than those outlined under paragraphs 9, 10 or 15 of this agreement, Buyer shall forfeit twenty five thousand ($25,000.00), to Seller. Seller has a duty to act in good faith and to not engage in any act that would obstruct, hinder, or delay Buyer from Closing or performing any act hereunder. However, Buyer shall have the right to extend the closing date by an additional thirty-refundable one (31) days by sending written notice of its election to Purchaser if Purchaser does not terminate this Agreement extend the closing date prior to or on the day of Closing, and delivering fifty thousand dollars ($50,000.00) within three (3) banking/business days to seller or its agent. After the expiration of the Due Diligence Period pursuant additional thirty-one (31) days (i.e. 126 days from this Contract being finally signed and delivered to the provisions of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance with the provisions of Section 4.4 hereof, prior to the expiration of the Due Diligence Period Purchaser shall deposit with Escrow Holder, in Good Funds, the additional sum of Five Hundred Thousand Dollars ($500,000.00other party) (the “Additional Deposit”). The Xxxxxxx Money Deposit shall be held by Escrow Holder in accordance with the terms of this Agreement. The Xxxxxxx Money Deposit shall be non-refundable to Purchaser (and shall constitute liquidated damages pursuant to Section 9.1 hereof) upon the expiration of the Due Diligence Period (unless Purchaser has, prior thereto, delivered to Seller its Notice of Purchaser’s termination of this Agreement as provided in Section 4.4 hereof); provided, however that the Xxxxxxx Money Deposit shall be refundable to Purchaser in the event that Buyer failed to close for reasons other than those outlined under paragraphs 9, 10 or 15 of this agreement, Buyer shall forfeit its Seventy Five Thousand dollar (a$75,000.00) a material uncured default by Seller escrow deposit to Seller. Upon inspection of its obligations under the seven (7) trailers included in this Agreement, Buyer is entitled to reject acceptance of any one or more of said trailers if their condition is not satisfactory to Buyer, assuming Buyer’s rejection is reasonable, and the price for said trailers of seventy five thousand dollars (b$75,000) shall be renegotiated by the parties. Broker shall deposit each deposit check in a failure separate interest bearing escrow account. All checks representing deposits for which Broker receives shall be deposited in Broker's escrow account prior to closing and shall be subject to clearance. Accrued interest shall accrue in favor of a condition precedent to Purchaser’s obligations as set forth in this Agreement or (c) as otherwise specifically provided by this Agreement. The Xxxxxxx Money Deposit Buyer, and shall be applied to towards the Purchase Price on the Close of Escrowprice, unless Buyer cancels this contract for reasons other than those outlined under paragraphs 9, 10 or 15, in which event said interest accrual is forfeited to Seller.

Xxxxxxx Money Deposit. On the business day following the date of the execution hereof by Purchaser and Seller, Purchaser shall deliver to Escrow Holder, in Good Funds, the sum of Two Hundred Fifty Thousand Dollars ($250,000.00250,000) (together with all interest accrued thereon thereon, the “Initial Deposit”). The Initial Deposit shall become be non-refundable to Purchaser if Purchaser does not terminate this Agreement prior to the expiration of the Due Diligence Period pursuant to the provisions of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance with the provisions of Section 4.4 hereof, prior to the expiration of the Due Diligence Period Purchaser shall deposit with Escrow Holder, in Good Funds, the additional sum of Five Hundred Thousand Dollars ($500,000.00500,000) (the “Additional Deposit”). The Xxxxxxx Money Deposit shall be held by Escrow Holder in accordance with the terms of this Agreement. The Xxxxxxx Money Deposit shall be non-refundable to Purchaser (and shall constitute liquidated damages pursuant to Section 9.1 hereof) ), upon the expiration of the Due Diligence Period (unless Purchaser has, prior thereto, delivered to Seller its Notice of Purchaser’s termination of this Agreement as provided in Section 4.4 hereof); provided, however that the Xxxxxxx Money Deposit shall be refundable to Purchaser in the event of (a) a material uncured default by Seller of its obligations under this Agreement, (b) a failure of a condition precedent to Purchaser’s obligations as set forth in this Agreement or (c) as otherwise specifically provided by this Agreement. The Xxxxxxx Money Deposit shall be applied to the Purchase Price on the Close of Escrow.

Xxxxxxx Money Deposit. On the Within three (3) business day following the date of days after the execution hereof by Purchaser and Sellerof this Agreement, Purchaser shall deliver to Escrow Holder, in Good Funds, the sum of Two Fifty Thousand Dollars ($250,000.00) (together with all interest accrued thereon the “Initial Deposit”). The Initial Deposit shall become non-refundable to Purchaser if Purchaser does not terminate this Agreement prior to the expiration of the Due Diligence Period pursuant to the provisions of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance with the provisions of Section 4.4 hereof, prior to the expiration of the Due Diligence Period Purchaser Acquiror shall deposit with Escrow HolderFirst American Title Insurance Company, 00000 Xxx Xxxxxx #000, Xxxxxx, Xxxxxxxxxx 00000, Attention: Xxxxx Xxxxxxxx (xxxxxxxxxx@xxxxxxx.xxx) (“Title Company”) an xxxxxxx money deposit in Good Funds, cash in the additional sum amount of Five Hundred Thousand Dollars ($500,000.00500,000) (the “Additional Xxxxxxx Money Deposit”). The Xxxxxxx Money Deposit Deposit, together with any and all interest earned thereon, net of any investment costs, shall hereinafter be held by Escrow Holder in accordance with referred to as the terms of this Agreement. The “Xxxxxxx Money Deposit shall be non-refundable to Purchaser Deposit”. Upon the Closing (and shall constitute liquidated damages pursuant to Section 9.1 hereof) upon the expiration of the Due Diligence Period (unless Purchaser hasas defined below), prior thereto, delivered to Seller its Notice of Purchaser’s termination of this Agreement as provided in Section 4.4 hereof); provided, however that the Xxxxxxx Money Deposit shall be refundable returned to Purchaser Acquiror. The “Effective Date” of this Agreement shall be the date inserted on the first page hereof. The Title Company hereby serves as escrow agent in connection with this Transaction. This Agreement shall be used as instructions to the Title Company, as escrow agent, which may provide its standard conditions of acceptance of escrow; provided, however, that in the event of (a) a material uncured default by Seller any inconsistency between such standard conditions of its obligations under acceptance and the terms of this Agreement, (b) a failure the terms of a condition precedent this Agreement shall prevail. The Title Company’s receipt of this Agreement and the opening of an escrow pursuant to Purchaserthis Agreement shall be deemed to constitute conclusive evidence of the Title Company’s obligations as agreement to be bound by the terms and conditions of this Agreement pertaining to the Title Company. The Title Company is authorized to pay, from any funds held by it for each party’s respective credit and in accordance with the closing statements executed by both parties, all amounts set forth in this Agreement or (c) on the closing statements as otherwise specifically provided necessary to procure the delivery of any documents and to pay, on behalf of Acquiror and Contributor, all charges and obligations payable by this Agreementthem, respectively. Contributor and Acquiror will pay all charges payable by them to the Title Company. The Xxxxxxx Money Deposit Title Company shall not cause the Transaction to close unless and until it has received written instructions from Contributor and Acquiror to do so. The Title Company is authorized, in the event any conflicting demand is made upon it concerning these instructions or the escrow, at its election, to hold any documents and/or funds deposited hereunder until an action shall be applied brought in a court of competent jurisdiction to determine the Purchase Price on rights of Contributor and Acquiror or to interplead such documents and/or funds in an action brought in any such court. Deposit by the Close Title Company of Escrowsuch documents and funds, after deducting therefrom its reasonable expenses and attorneys’ fees incurred in connection with any such court action, shall relieve the Title Company of all further liability and responsibility for such documents and funds.

Xxxxxxx Money Deposit. On or before three (3) business days after full execution of a written formal this Purchase and Sale Agreement (the business day following "Contract") between the date of parties hereto, Developer shall deposit with Transnation Title Agency, East LansingChicago Title Insurance Company or another agency mutually agreeable to the execution hereof by Purchaser and Sellerparties, Purchaser shall deliver to Escrow Holder, in Good Funds, ("Title Company") the sum of Two Fifty One Hundred Thousand and No/100 Dollars ($250,000.0050100,000.00) as an xxxxxxx money deposit (together with all interest accrued thereon the “Initial Deposit”). The Initial Deposit shall become non-refundable to Purchaser if Purchaser does not terminate this Agreement prior to the expiration of the Due Diligence Period pursuant to the provisions of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance with the provisions of Section 4.4 hereof, prior to the expiration of the Due Diligence Period Purchaser shall deposit with Escrow Holder, in Good Funds, the additional sum of Five Hundred Thousand Dollars ($500,000.00) (the “Additional Deposit”"Xxxxxxx Money"). The Xxxxxxx Money Deposit shall be held by Escrow Holder in accordance with for the Developer's benefit pursuant to the terms and conditions set forth herein. until the expiration of this Agreementthe Inspection Period (as herein defined). The Upon expiration of the Inspection Period, the T h e Xxxxxxx Money Deposit shall be considered "at risk" (non-refundable to Purchaser (and shall constitute liquidated damages pursuant to Section 9.1 hereofDeveloper) upon the expiration of the Due Diligence Period (unless Purchaser has, prior thereto, delivered to Seller its Notice of Purchaser’s termination of this Agreement as provided in Section 4.4 hereof); provided, however that the Xxxxxxx Money Deposit shall be refundable to Purchaser in the event of (a) a material uncured default by Seller of its obligations under this Agreement, (b) a failure of a condition precedent to Purchaser’s obligations as set forth in this Agreement or (c) as paragraph 7 and 17 and shall otherwise specifically provided by this Agreementbe applied at Closing toward the Purchase Price. The In the event all Contingencies are satisfied and Developer elects to proceed with the transaction upon expiration of the Inspection Period and the transaction fails to close through no fault of the Owner, the full amount of any remaining Xxxxxxx Money Deposit shall be applied promptly disbursed to the Purchase Price on Owner and neither party shall have any further obligation to the Close other in accordance with Paragraph 17. In the event the Developer fails to comply with the Developer’s requirements set forth in Paragraph 7, and the closing does not occur for any reason regardless of Escrow.fault, those portions of the Xxxxxxx Money specified therein shall be promptly disbursed to the Owner

Xxxxxxx Money Deposit. On the Within five (5) business day days following the date of the execution hereof by Purchaser and SellerEffective Date, Purchaser shall deliver to Fidelity National Title Co. (“Escrow HolderCompany”), in Good Fundsfor the benefit of Seller, the sum of Two Fifty Thousand Dollars FORTY THOUSAND DOLLARS ($250,000.0040,000) xxxxxxx money in the form of a cash deposit (together with all interest accrued thereon the “Initial Deposit”). The Initial Deposit shall become non-refundable to Purchaser if Purchaser does not terminate this Agreement prior to the expiration of the Due Diligence Period pursuant to the provisions of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance with the provisions of Section 4.4 hereof, prior to the expiration of the Due Diligence Period Purchaser shall deposit with Escrow Holder, in Good Funds, the additional sum of Five Hundred Thousand Dollars ($500,000.00) (the “Additional Xxxxxxx Money Deposit”). The Xxxxxxx Money Deposit shall be held by Escrow Holder Company and shall become nonrefundable but applicable to the Purchase Price upon Purchaser’s written notice to waive its contingencies set forth in accordance with Section 6 below. Subject to the terms foregoing, the Xxxxxxx Money Deposit shall be nonrefundable after the expiration of the Review Period set forth in Section 5 including any mutually agreed extensions thereof, except in the event of Seller’s default as provided in Section 12(a), and shall be applied to the Purchase Price at Closing; PROVIDED, IN THE EVENT PURCHASER FAILS, WITHOUT LEGAL EXCUSE, TO COMPLETE THE PURCHASE OF THE PROPERTY AS SPECIFIED HEREIN, THE XXXXXXX MONEY DEPOSIT SHALL BE FORFEITED TO SELLER AS LIQUIDATED DAMAGES, BUT NOT AS A PENALTY, AS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO SELLER. The parties agree that the liquidated damages represent a reasonable sum considering all of the circumstances existing on the date of this AgreementAgreement and further represent a reasonable estimate of the losses that Seller will incur if Purchaser fails to purchase the Property after all conditions precedent to Purchaser’s performance have been satisfied. The Xxxxxxx Money Deposit shall be non-refundable to Purchaser (and shall constitute liquidated damages pursuant to Section 9.1 hereof) upon the expiration of the Due Diligence Period (unless Purchaser has, prior thereto, delivered to Seller its Notice of Purchaser’s termination of this Agreement as provided in Section 4.4 hereof); provided, however that the Xxxxxxx Money Deposit shall be refundable refunded to Purchaser in the event of (a) a material uncured default by that Purchaser gives Seller and Escrow Company written notice of its obligations under this Agreement, (b) a failure decision not to proceed with the purchase of a condition precedent to Purchaser’s obligations as set forth in this Agreement or (c) as otherwise specifically provided by this Agreement. The Xxxxxxx Money Deposit shall be applied the Property prior to the Purchase Price on end of the Close of EscrowReview Period, including any extensions thereof.

Xxxxxxx Money Deposit. On Within three (3) business days after the business day following the date Effective Date of the execution hereof by Purchaser and Sellerthis Agreement (as defined below in paragraph 26 below), Purchaser Buyer shall deliver to Escrow Holderdeposit with Lawyers Title, in Good Funds0000 Xxxxxx XxXxxxxx Parkway, Ste. 201, McKinney, Texas 75070, Attn: Xxxxxxxx Xxxxxxx Tel.: 000-000-0000, Email: xxxxxxxx@xxxxxxxxxxxx.xxx, the sum of Two Fifty Thousand Dollars ($250,000.0050,000.00) in the form of a certified check, cashier's check or wire transfer as the xxxxxxx money deposit (together with all interest accrued thereon the “Initial Deposit”). The Initial Deposit shall become ) to be held in trust for the benefit of the parties by Lawyers Title (“Title Company”) in its capacity as escrow agent in a non-refundable to Purchaser if Purchaser does not terminate this Agreement prior to the expiration interest bearing accounts of the Due Diligence Period Federally insured banking or savings institution(s), pursuant to the provisions of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance with the provisions of Section 4.4 hereof, prior to the expiration of the Due Diligence Period Purchaser shall deposit with Escrow Holder, in Good Funds, the additional sum of Five Hundred Thousand Dollars ($500,000.00) (the “Additional Deposit”). The Xxxxxxx Money Deposit shall be held by Escrow Holder in accordance with the terms of this Agreement. The Xxxxxxx Money Deposit shall be non-refundable to Purchaser (and shall constitute liquidated damages pursuant to Section 9.1 hereof) upon the expiration of the Due Diligence Period (unless Purchaser has, prior thereto, delivered to Seller its Notice of Purchaser’s termination of this Agreement as provided in Section 4.4 hereof); provided, however that the Xxxxxxx Money Deposit shall be refundable to Purchaser in the event of (a) a material uncured default by Seller of its obligations under this Agreement, (b) a failure of a condition precedent to Purchaser’s obligations as set forth in this Agreement or (c) as otherwise specifically provided by this Agreement. The Xxxxxxx Money Deposit shall be applied to the Purchase Price. With the removal of the contingencies set forth in paragraphs 4, 7, and Addendum D (if applicable) hereof deposit shall be non-refundable. The entire Deposit shall be credited to the Purchase Price at the Closing Date, unless otherwise provided herein. If Buyer fails to timely deliver the Deposit, Seller may, at Seller's option, terminate this Agreement by delivering a written termination notice to Buyer. Buyer acknowledges and agrees that, in the event Buyer defaults on this Agreement after removal of contingencies, Buyer's Deposit is non-refundable and is forfeited to Seller. If the Close Property is made unmarketable by Seller or Seller defaults on this Agreement, the Deposit must immediately be returned to Buyer. Notwithstanding the foregoing, no party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of Escrowthis Agreement when, and to the extent, such failure or delay is caused by or results from one or more of the following force majeure events (“Force Majeure Events”), so long as the Force Majeure Event is beyond the reasonable control of the party impacted by it (the Purchase Agreement Seller's Initials Buyer's Initials Copyright Marcus & Millichap “Impacted Party”): (a) acts of God such as hurricane, flood, earthquake, tornado, fire, avalanche, or tsunami; (b) war, invasion, armed conflict (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (c) epidemics, pandemics, or government-mandated quarantines or stay-at-home orders (excluding recurrences of prior epidemics, pandemics, or quarantines or stay-at-home orders); or (d) government law, regulation, order, or other action. In such a Force Majeure Event, the Impacted Party must provide written notice to all other parties to this Agreement demonstrating that the Force Majeure Event has rendered performance of the Impacted Party's obligations under this Agreement impossible. Upon service of such written notice in accordance with the notice provisions of this Agreement, this Agreement shall be deemed terminated at no fault to either party. If Buyer, as the Impacted Party, timely serves such written notice upon all other parties within five (5) calendar days of the Force Majeure Event rendering performance of the Buyer's obligations impossible, then the Deposit shall be immediately refunded to Buyer; otherwise, Seller shall be entitled to retain the Deposit.

Xxxxxxx Money Deposit. On the business day following the date of the execution hereof by Seller and Purchaser acknowledge and Seller, agree that (i) Purchaser shall deliver to Escrow Holder, in Good Funds, has deposited the sum of Two Six Million Fifty Thousand and 00/100 Dollars ($250,000.006,050,000.00) (together with all any interest accrued thereon earned thereon, the “Initial Deposit”). The Initial Deposit shall become non-refundable to Purchaser if Purchaser does not terminate this Agreement prior ) with Riverside Abstract LLC (“Escrow Holder”) by wire transfer of immediately available funds to the expiration of the Due Diligence Period pursuant to the provisions of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance with the provisions of Section 4.4 hereof, prior to the expiration of the Due Diligence Period Purchaser shall deposit with account designated by Escrow Holder, in Good Funds, the additional which sum of Five Hundred Thousand Dollars ($500,000.00) (the “Additional Deposit”). The Xxxxxxx Money Deposit shall be is being held by Escrow Holder in escrow pursuant to a separate agreement between Seller, Purchaser and Escrow Holder, and (ii) upon entry of, and in accordance with with, the terms Order the Deposit and the balance of this Agreementthe Purchase Price (over and above the Deposit) shall be paid to or as directed by Seller by wire transfer of immediately available funds as designated by Seller. The Xxxxxxx Money If the United States Bankruptcy Court makes a final determination not to approve the assumption, assignment and sale of the Purchased Property to Purchaser, (i) the Deposit shall be non-refundable returned to Purchaser promptly (within two business days) thereafter (and the parties shall constitute liquidated damages pursuant jointly instruct Escrow Holder to Section 9.1 hereofpromptly return the Deposit to Purchaser) upon and (ii) Seller shall immediately return the expiration ASG Letter of the Due Diligence Period (unless Credit to Purchaser haswhich ASG Letter of Credit shall immediately be cancelled and withdrawn, prior thereto, delivered to Seller its Notice whereupon this General Assignment and Xxxx of Purchaser’s termination of this Agreement as provided in Section 4.4 hereof); provided, however that the Xxxxxxx Money Deposit Sale shall be refundable to Purchaser in the event deemed terminated and of no further force and effect. IN THE EVENT THAT BUYER SHALL DEFAULT IN ITS OBLIGATION TO PAY THE BALANCE OF THE PURCHASE PRICE IN ACCORDANCE WITH THE TERMS HEREOF AND OF THE ORDER, BUYER AND SELLER AGREE THAT THE DAMAGES THAT SELLER SHALL SUSTAIN AS A RESULT THEREOF SHALL BE SUBSTANTIAL AND SHALL BE DIFFICULT TO ASCERTAIN. BUYER AND SELLER THEREFORE AGREE THAT IF BUYER FAILS TO PAY THE BALANCE OF THE PURCHASE PRICE IN ACCORDANCE WITH THE TERMS HEREOF AND OF THE ORDER, SELLER’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO BUYER’S FAILURE TO PAY THE BALANCE OF THE PURCHASE PRICE IN ACCORDANCE WITH THE TERMS HEREOF AND OF THE ORDER SHALL BE TO RECEIVE AS LIQUIDATED DAMAGES THE ENTIRE DEPOSIT FROM ESCROW HOLDER (a) a material uncured default by Seller of its obligations under this AgreementAND THE PARTIES SHALL JOINTLY INSTRUCT ESCROW HOLDER TO PROMPTLY DELIVER THE DEPOSIT TO SELLER), (b) a failure of a condition precedent to Purchaser’s obligations as set forth in this Agreement or (c) as otherwise specifically provided by this AgreementAND THEREAFTER NEITHER BUYER NOR SELLER SHALL HAVE ANY FURTHER LIABILITY OR OBLIGATION TO THE OTHER. The Xxxxxxx Money Deposit shall be applied to the Purchase Price [Signatures on the Close of Escrow.following pages]

Xxxxxxx Money Deposit. On the business day following Within two (2) Business Days as of the date of this Agreement, Buyer will make an xxxxxxx money deposit in the execution hereof by Purchaser and Seller, Purchaser shall deliver to Escrow Holder, in Good Funds, the sum amount of Two Fifty Thousand Dollars $5,200,000 ($250,000.00) (together with all interest accrued thereon the “Initial Deposit”). The Initial Deposit shall become non-refundable to Purchaser if Purchaser does not terminate this Agreement prior ) to the expiration of the Due Diligence Period Escrow Agent pursuant to the provisions of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance with the provisions of Section 4.4 hereof, prior to the expiration terms of the Due Diligence Period Purchaser shall deposit with Escrow Holder, in Good FundsAgreement. If the Closing occurs, the additional sum of Five Hundred Thousand Dollars ($500,000.00) (the “Additional Deposit”). The Xxxxxxx Money Deposit shall be held by Escrow Holder in accordance with the terms of this Agreement. The Xxxxxxx Money Deposit shall be non-refundable to Purchaser (and shall constitute liquidated damages pursuant to Section 9.1 hereof) upon the expiration of the Due Diligence Period (unless Purchaser has, prior thereto, delivered to Seller its Notice of Purchaser’s termination of this Agreement as provided in Section 4.4 hereof); provided, however that the Xxxxxxx Money Deposit shall be refundable to Purchaser in the event of (a) a material uncured default by Seller of its obligations under this Agreement, (b) a failure of a condition precedent to Purchaser’s obligations as set forth in this Agreement or (c) as otherwise specifically provided by this Agreement. The Xxxxxxx Money Deposit shall be applied to against payment of the Purchase Price on the Close Closing Date. If this Agreement is terminated pursuant Sections 8.1(a)-(e) or Sections 8.1(h)-(l) hereof, or in the event that any Person other than Buyer purchases all or any material portion of Escrowthe Purchased Assets, then the Deposit shall be returned to Buyer promptly, and in no event later than two (2) Business Days after such termination, and the Parties agree that they will promptly execute joint written instructions to the Escrow Agent pursuant to the Escrow Agreement to effect such return of the Deposit. If this Agreement shall be terminated by the Sellers pursuant to Section 8.1(f) or (g) hereof, then Plastiq shall retain the Deposit, and the parties agree that they will promptly execute joint written instructions to the Escrow Agent pursuant to the Escrow Agreement to effect such retention of the Deposit. The Parties agree that the Sellers’ right to retain the Deposit, as set forth herein, is not a penalty, but rather is liquidated damages in a reasonable amount that will compensate the Sellers for their respective efforts and resources expended and the opportunities foregone while negotiating this Agreement and in reliance on this Agreement and on the expectation of the consummation of the transactions contemplated hereby, which amount would otherwise be impossible to calculate with precision. Notwithstanding anything to the contrary in this Agreement, the Parties agree that if this Agreement is terminated under circumstances in which Sellers are entitled to the Deposit, except in the case of fraud, the delivery of the Deposit is the sole and exclusive remedy available to Sellers with respect to this Agreement and the Contemplated Transactions, and, upon delivery of the Deposit, none of the Buyer or any of its former, current or future equity holders, directors, officers, Affiliates, agents or Representatives (collectively, the “Buyer Releasees”) shall have any further liability or obligation relating to or arising out of this Agreement or the transactions contemplated hereby.

Xxxxxxx Money Deposit. On EMD)/BID SECURITY The Bidder shall deposit a fixed amount as indicated in the business day following NIT as xxxxxxx money through NEFT/RTGS/IMPS/ Banker Cheque//DD in favour of Sr. Accounts Officer (Cash), RVUN, Jaipur. Part amount of Xxxxxxx Money may be deposited in form of Bank Guarantee as indicated in the date of the execution hereof by Purchaser and Seller, Purchaser shall deliver to Escrow Holder, in Good Funds, the sum of Two Fifty Thousand Dollars ($250,000.00) (together with all interest accrued thereon the “Initial Deposit”)NIT. The Initial Deposit Bid Proposal without EMD or EMD is not as per Tender document then the Bid Documents (ITB) shall become be considered as non-refundable to Purchaser if Purchaser does not terminate this Agreement prior to the expiration of the Due Diligence Period pursuant to the provisions of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance with the provisions of Section 4.4 hereof, prior to the expiration of the Due Diligence Period Purchaser shall deposit with Escrow Holder, in Good Funds, the additional sum of Five Hundred Thousand Dollars ($500,000.00) (the “Additional Deposit”). The Xxxxxxx Money Deposit responsive and such Bid Proposals shall be held by Escrow Holder in accordance with the terms of this Agreementrejected and will not be opened. The Xxxxxxx Money Deposit No interest shall be non-refundable to Purchaser (and shall constitute liquidated damages pursuant to Section 9.1 hereof) upon payable by the expiration of the Due Diligence Period (unless Purchaser has, prior thereto, delivered to Seller its Notice of Purchaser’s termination of this Agreement as provided in Section 4.4 hereof); provided, however that purchaser on the Xxxxxxx Money Deposit (Bid Security). Bidders shall be refundable not withdraw as a whole or in part, any clarification/confirmation given by them, subsequent to Purchaser in submission of their Bid Proposals. In the event of any such withdrawal, the purchaser shall have the right to forfeit the EMD (a) a material uncured default Bid Security). Any change in the Terms & Conditions originally submitted by Seller the Bidder shall be considered as withdrawal of its obligations under this Agreement, (b) a failure of a condition precedent to Purchaser’s obligations as set forth in this Agreement or (c) as otherwise specifically provided by this Agreementthe Bid. The Xxxxxxx Money Deposit Bid Security (EMD) of unsuccessful bidders shall be applied to refunded upon request of bidder soon after final acceptance of successful bid and signing of Agreement and submitting of balance security deposit (if any) by successful bidder. In case of successful tender(s), amount of xxxxxxx money deposited will be converted into Security Deposit and shall be released after three (03) months from completion of entire supplies and on fulfillment of all the Purchase Price on contractual obligations by supplier. Requests for adjustments/appropriation of xxxxxxx money/deposits already lying with the Close of Escrow.Xxxxx, in connection with some other tenders/orders, shall not be entertained,

Xxxxxxx Money Deposit. On the business day following the date of Concurrent with the execution hereof by Purchaser of this Agreement, Buyer and SellerSeller shall promptly cause an escrow (the “Escrow”) to be opened with First American Title Insurance Company located at 000 Xxxxx Xxxxxxxx Xxxxxx, Purchaser shall deliver to Suite 400, Los Angeles, California 90017, attention: Xxxxx Xxxxxxxx, telephone: (000) 000-0000, facsimile: (000) 000-0000, e‑mail: xxxxxxxxx@xxxxxxx.xxx (“Escrow Holder, in Good Funds, the sum of Two Fifty Thousand Dollars ($250,000.00) (together with all interest accrued thereon the “Initial Deposit”). The Initial Deposit shall become non-refundable to Purchaser if Purchaser does not terminate this Agreement prior to the expiration Within three (3) business days of the Due Diligence Period pursuant to the provisions of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance with the provisions of Section 4.4 hereofEffective Date, prior to the expiration of the Due Diligence Period Purchaser Buyer shall deposit with Escrow Holder, in Good Funds, the additional sum of Five Hundred Thousand and No/100 Dollars ($500,000.00) (the “Additional Xxxxxxx Money Deposit”). In the event Buyer fails to timely make the Xxxxxxx Money Deposit as set forth herein, Seller may elect to terminate this Agreement, at which point the respective obligations of the parties hereunder shall terminate (except those provisions that expressly survive any termination) and Buyer shall be responsible for any Escrow and Title Company charges incurred. The Xxxxxxx Money Deposit shall be held made by either delivering cash or certified funds to Escrow Holder in accordance with the terms of this AgreementHolder. The Xxxxxxx Money Deposit shall be non-refundable to Purchaser (and shall constitute liquidated damages pursuant to Section 9.1 hereof) upon the expiration of the Due Diligence Period (unless Purchaser has, prior thereto, delivered to Seller its Notice of Purchaser’s termination of this Agreement as provided in Section 4.4 hereof); provided, however that Interest accruing on the Xxxxxxx Money Deposit Deposit, if any, shall be refundable to Purchaser in held for the event benefit of (a) a material uncured default by Seller of its obligations under this AgreementBuyer. If the Closing occurs, (b) a failure of a condition precedent to Purchaser’s obligations as set forth in this Agreement or (c) as otherwise specifically provided by this Agreement. The the Xxxxxxx Money Deposit shall be applied to the payment of the Purchase Price on Price. The Escrow shall be opened and maintained solely for the Close purpose of Escrowholding and disbursing monetary deposits and documents evidencing monetary amounts as directed by Buyer and Seller, and Escrow Holder is hereby directed to disburse funds held by it in accordance with the terms and provisions of this Agreement, or as otherwise directed in a writing signed by both Buyer and Seller. If Buyer has made the Xxxxxxx Money Deposit and this Agreement is terminated prior to the End of the Inspection Period, Escrow Holder is hereby instructed to promptly return the Xxxxxxx Money Deposit, together with any interest earned thereon, to Buyer. Except in the event of a Seller default or as expressly set forth in Section 4.1 (to the extent that, as of the date this Agreement is terminated, the deadline to complete a particular Buyer’s Condition has passed and is unsatisfied), if this Agreement is terminated after the End of the Inspection Period, Escrow Holder is hereby instructed to promptly deliver the Xxxxxxx Money Deposit, together with any interest earned thereon, to Seller. These instructions shall be irrevocable and shall supersede any conflicting provision in Escrow Holder’s general conditions or in any escrow instructions executed upon Escrow Holder’s request. This Agreement shall constitute escrow instructions to Escrow Holder with respect to the Xxxxxxx Money Deposit, but Escrow Holder shall be concerned only with the receipt and deposit of the funds and the disbursement of the funds as provided in this Agreement, or as otherwise directed in writing by both Buyer and Seller, but shall not be otherwise concerned with the terms and provisions of this Agreement. The parties hereby agree and acknowledge that Escrow Holder’s general provisions are hereby incorporated herewith, provided however, to the extent there is any conflict between the terms herein and that of the Escrow Holder’s general provisions, the terms of this Agreement shall govern. Notwithstanding anything to the contrary herein, in the event this Agreement is terminated in accordance with the terms hereof for any reason other than for a default by Seller or Buyer under the terms hereof, $100.00 of the Xxxxxxx Money Deposit shall be disbursed to Seller as consideration for the execution of this Agreement (the “Independent Consideration”) and the balance of the Xxxxxxx Money Deposit, including interest earned thereon, shall be returned to Buyer. In the event this Agreement is determined to be unenforceable or void as a mutually binding contract by reason of the existence of any condition, the indefiniteness of any provision, the lack of mutuality, or any approval, election or discretion of Buyer with respect to any contingency or other matter, then the Independent Consideration shall be considered adequate consideration for, and this Agreement shall be construed as, an option to purchase enforceable in accordance with the terms set forth herein.

Xxxxxxx Money Deposit. On Within two business days after the business day following the date Effective Date of the execution hereof by Purchaser and Sellerthis Contract, Purchaser shall deliver deposit xxxxxxx money in the form of a certified or cashier's check in the amount of $5,000 (the "Xxxxxxx Money") payable to Escrow HolderTrinity Abstract and Title Company, 000 Xxxxxx Xxx, Waxahachie, TX 75165 the ("Title Company"), in Good Fundsits capacity as escrow agent, to be held in escrow pursuant to the sum terms of Two Fifty Thousand Dollars (this Contract. Seller's acceptance of this Contract is expressly conditioned upon Purchaser's timely deposit of the Xxxxxxx Money with the Title Company. If Purchaser fails to timely deposit the Xxxxxxx Money, Seller may, at Seller's option, terminate this Contract by delivering a written termination notice to Purchaser. Notwithstanding anything herein to the contrary, a portion of the Xxxxxxx Money in the amount of $250,000.00) (together with all interest accrued thereon the “Initial Deposit”). The Initial Deposit 100.00 shall become be non-refundable and shall be distributed to Seller at Closing or other termination of this Contract as full payment and independent consideration for Seller's performance under this Contract. If this Contract is properly terminated by Purchaser pursuant to a right of termination granted to Purchaser if Purchaser does not terminate by any provision of this Agreement prior to the expiration of the Due Diligence Period pursuant to the provisions of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance with the provisions of Section 4.4 hereofContract, prior to the expiration of the Due Diligence Period Purchaser shall deposit with Escrow Holder, in Good Fundsor any attached Addenda, the additional sum of Five Hundred Thousand Dollars Xxxxxxx Money, less the non-refundable portion, shall be promptly refunded to Purchaser, and the parties shall have no further rights or obligations under this Contract ($500,000.00) (except for those which may expressly survive the “Additional Deposit”termination). The Xxxxxxx Money Deposit [ X ] SHALL [ ] SHALL NOT be placed in an interest-bearing account by the Title Company, and any interest earned thereon shall be held by Escrow Holder in accordance with the terms of this Agreement. The Xxxxxxx Money Deposit shall be non-refundable to Purchaser (and shall constitute liquidated damages pursuant to Section 9.1 hereof) upon the expiration become a part of the Due Diligence Period (unless Purchaser has, prior thereto, delivered to Seller its Notice of Purchaser’s termination of this Agreement as provided in Section 4.4 hereof); provided, however that Xxxxxxx Money. At Closing the Xxxxxxx Money Deposit shall be refundable to Purchaser in the event of (a) a material uncured default by Seller of its obligations under this Agreement, (b) a failure of a condition precedent to Purchaser’s obligations as set forth in this Agreement or (c) as otherwise specifically provided by this Agreement. The Xxxxxxx Money Deposit shall be applied to the Purchase Price on the Close of EscrowPrice.

Xxxxxxx Money Deposit. On the business day following the date Purchaser shall make a nonrefundable payment of ten percent (10%) of the execution hereof by Purchaser and Seller, Purchaser shall deliver to Escrow Holder, in Good Funds, the sum of Two Fifty Thousand Dollars Purchase Price $24,978,830.10 ($250,000.00) (together with all interest accrued thereon the “Initial Deposit”). The Initial Deposit shall become non-refundable ) within one Business Day of the later to Purchaser if Purchaser does not terminate occur of (i) execution of this Agreement prior and (ii) the establishment of the escrow account, which payment will be made directly to the expiration of the Due Diligence Period Escrow Agent pursuant to the provisions of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance with the provisions of Section 4.4 hereof, prior to the expiration of the Due Diligence Period Purchaser shall deposit with Escrow Holder, in Good Funds, the additional sum of Five Hundred Thousand Dollars ($500,000.00) escrow agreement (the “Additional DepositDeposit Escrow Agreement”). The Xxxxxxx Money Deposit shall be held by Escrow Holder in accordance with the terms of this Agreement. The Xxxxxxx Money Deposit shall be non-refundable to Purchaser (and shall constitute liquidated damages pursuant to Section 9.1 hereof) upon the expiration of the Due Diligence Period (unless Purchaser has, prior thereto, delivered to Seller its Notice of Purchaser’s termination of this Agreement as provided in Section 4.4 hereof); provided, however that in the event that the Xxxxxxx Money escrow account is not established within five (5) Business Days following the date hereof, Purchaser shall pay the Deposit to Lamberth, Cifelli, Xxxxxx, Xxxxx & Xxxxx, P.A. (“Debtor’s Law Firm”), to be held pursuant to the terms of a letter agreement to be mutually agreed by the parties hereto; provided, further that in the event that the Deposit is funded to Debtor’s Law Firm, the Deposit shall be refundable transferred to Purchaser the Escrow Agent to be held pursuant to the terms of the Deposit Escrow Agreement within one Business Day following the establishment of the escrow account. The balance of the Purchase Price shall be paid on the Closing Date. In the event that the Closing does not occur and this Agreement is terminated by Debtor pursuant to Section 9.02(c)(ii) due to Purchaser’s material breach of any provision of this Agreement, Debtor shall be entitled to retain the Deposit. The parties acknowledge that the agreements contained in this Section 1.04 are an integral part of the transactions contemplated by this Agreement, are actually necessary to preserve the value of Debtor’s estate and constitute liquidated damages and not a penalty, and that, without these agreements, Debtor would not have entered into this Agreement. Notwithstanding anything to the contrary set forth herein, in the event that the Deposit is retained by Debtor, retention of (a) a material uncured default by Seller of its obligations under this Agreement, (b) a failure of a condition precedent to Purchaser’s obligations as set forth in this Agreement or (c) as otherwise specifically provided by this Agreement. The Xxxxxxx Money such Deposit shall be applied the sole and exclusive remedy available to the Purchase Price on the Close of EscrowDebtor in connection with this Agreement (including termination thereof).

Xxxxxxx Money Deposit. On Not later than the business day following end of the first Business Day after the date of the execution hereof by Purchaser and Seller, Purchaser shall deliver to Escrow Holder, in Good Fundshereof, the sum of Two Fifty Thousand Dollars Buyer shall deposit $14,000,000 cash with the Escrow Agent ($250,000.00) (together with all interest accrued thereon the “Initial Xxxxxxx Money Deposit”). The Initial Deposit shall become non-refundable to Purchaser if Purchaser does not terminate this Agreement prior to the expiration of the Due Diligence Period ) pursuant to the provisions of Section 4.4 hereofEscrow Agreement. Unless Purchaser has elected to terminate this Agreement in accordance with If the provisions of Section 4.4 hereofTransactions contemplated hereby are consummated, prior to the expiration (a) a portion of the Due Diligence Period Purchaser shall deposit with Escrow Holder, in Good Funds, the additional sum of Five Hundred Thousand Dollars ($500,000.00) (the “Additional Deposit”). The Xxxxxxx Money Deposit equal to the Indemnification Escrow Amount shall be held deposited into the Indemnification Escrow Account pursuant to Section 1.9 to secure any payments to be made by Escrow Holder in accordance with the terms Seller pursuant to Article VIII hereof, (b) a portion of this Agreement. The the Xxxxxxx Money Deposit equal to the Closing Adjustment Escrow Amount shall be non-refundable to Purchaser (and shall constitute liquidated damages deposit in the Closing Adjustment Escrow Account pursuant to Section 9.1 hereof1.9 to secure any payments to be made by the Seller pursuant to Section 1.7(b), and (c) upon the expiration remainder of the Due Diligence Period (unless Purchaser has, prior thereto, delivered to Seller its Notice of Purchaser’s termination of this Agreement as provided in Section 4.4 hereof); provided, however that the Xxxxxxx Money Deposit shall be refundable released to Purchaser in the event of (a) a material uncured default Seller. If the Transactions contemplated by Seller of its obligations under this Agreement, (b) a failure of a condition precedent to Purchaser’s obligations as set forth in this Agreement or (c) as otherwise specifically provided by this Agreement. The shall not be consummated, then the Xxxxxxx Money Deposit shall be applied delivered to either the Buyer or the Seller as provided in Section 9.2. The Parties agree that for U.S. federal income Tax purposes, the Buyer shall be treated as the owner of the Xxxxxxx Money Deposit until either Closing occurs or this Agreement is terminated, and the Buyer shall pay all Taxes with respect to any earnings thereon (but shall receive a distribution of all such earnings on the earlier of (i) five (5) days after the end of each calendar quarter, or (ii) the Closing Date). Until either the Closing occurs or this Agreement is terminated, any earnings on the Xxxxxxx Money Deposit shall be the property of the Buyer. If this Agreement is not terminated prior to the Purchase Price on Closing, ownership of the Close of Escrow.Xxxxxxx Money shall be determined as provided in the Escrow Agreement

Xxxxxxx Money Deposit. On Immediately after both parties sign this Agreement, the business day following the date of the execution hereof by Purchaser and Seller, Purchaser shall deliver to Escrow Holderthe Xxxxx Title Agency, in Good Funds00000 Xxxxxxx Xxxxxx, Xxxxxxx Xxxxxxxx, XX 00000, the sum depository, the xxxxxxx money deposit of Two Fifty Twenty Five Thousand Dollars ($250,000.0025,000.00) (together Dollars submitted with all interest accrued thereon the “Initial Deposit”)Purchaser’s bid package. The Initial Deposit depository shall become non-refundable to Purchaser if Purchaser does not terminate hold the deposit in an escrow account as xxxxxxx money for the transaction described in this Agreement prior to evidence the expiration of Purchaser's good-faith intention to consummate the Due Diligence Period pursuant to the provisions of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance with the provisions of Section 4.4 hereof, prior to the expiration of the Due Diligence Period Purchaser shall deposit with Escrow Holder, in Good Funds, the additional sum of Five Hundred Thousand Dollars ($500,000.00) (the “Additional Deposit”). The Xxxxxxx Money Deposit shall be held by Escrow Holder in accordance with the terms of this Agreement. The Xxxxxxx Money Deposit shall depository agrees to be non-refundable to Purchaser (and shall constitute liquidated damages pursuant to Section 9.1 hereof) upon bound by this paragraph by accepting the expiration of the Due Diligence Period (unless Purchaser has, prior thereto, delivered to Seller its Notice of Purchaser’s termination of amount tendered. If this Agreement as provided in Section 4.4 hereof); provided, however that is not consummated because the Xxxxxxx Money Deposit shall be refundable Purchaser fails to Purchaser in the event of (a) a material uncured default by Seller perform any of its obligations under this Agreement, (b) a the Seller shall notify the depository in writing to give the deposit and any interest to the Seller as liquidated damages for the Purchaser's failure of a condition precedent to Purchaser’s obligations as set forth in this Agreement or (c) as otherwise specifically provided by complete this Agreement. The Xxxxxxx Money Deposit If the transaction contemplated by this Agreement is not consummated because the Seller breaches a warranty or fails to perform any of its obligations under this Agreement, the Purchaser shall notify the depository in writing to return the deposit and any interest to the Purchaser. If the transaction contemplated by this Agreement is consummated, the depository shall give the deposit to the Seller at the closing to be applied to the Purchase Price on purchase price of the Close Property. After receiving written notice from either party that the deposit and interest should be given to that party, the depository shall notify the other party of Escrowthe demand. If a written objection is not received within five days, the depository may forward the amount pursuant to the notice. If a written objection is received within five days, the depository shall hold the amount until the parties resolve their dispute and each notifies the depository in writing of the resolution or the depository shall file an interpleader action and pay the money to the court.

Xxxxxxx Money Deposit. On the business day following the date of Concurrently with the execution hereof by Purchaser and SellerBuyer, Purchaser Buyer shall deliver to deposit with the Escrow Holder, in Good Funds, Holder the sum of Two Fifty Thousand Five Million Dollars and 00/100ths ($250,000.005,000,000.00) (together with all interest accrued thereon the “Initial Xxxxxxx Money Deposit”). The Initial Escrow Holder shall hold the Xxxxxxx Money Deposit in United States Treasury obligations or treasury-backed repurchase agreements, or such other investment as may be selected by Buyer and reasonably approved by Sellers on a funds investment form provided by Escrow Holder. All interest or other amounts earned upon the Xxxxxxx Money Deposit shall become non-refundable to Purchaser if Purchaser does not terminate this Agreement prior to the expiration part of the Due Diligence Period Xxxxxxx Money Deposit and shall be applied with the Xxxxxxx Money Deposit in accordance with the terms and provisions of this Agreement. If the Closing occurs pursuant to the provisions of Section 4.4 hereof. Unless Purchaser has elected to terminate this Agreement in accordance with and each Related Purchase Agreement Closing occurs under each Related Purchase Agreement, the Xxxxxxx Money Deposit, plus all accrued interest or other amounts earned thereon, shall be applied against the Purchase Price hereunder and/or against the purchase price payable under each Related Purchase Agreement, as directed by Buyer. If the Closing fails to occur under the provisions of Section 4.4 hereof, prior this Agreement or any Related Purchase Agreement Closing fails to the expiration of the Due Diligence Period Purchaser shall deposit with Escrow Holder, in Good Fundsoccur under any Related Purchase Agreement, the additional sum of Five Hundred Thousand Dollars ($500,000.00) (the “Additional Deposit”). The Xxxxxxx Money Deposit Deposit, plus all accrued interest or other amounts earned thereon, shall be held by Escrow Holder in accordance with the terms of this Agreement. The Xxxxxxx Money Deposit shall be either delivered to Buyer, or delivered to Sellers as non-refundable to Purchaser liquidated damages (and shall constitute liquidated damages pursuant not as a penalty), as determined by the provisions of Sections 7 below. In the event that Sellers are entitled to Section 9.1 hereof) upon the expiration of the Due Diligence Period (unless Purchaser has, prior thereto, delivered to Seller its Notice of Purchaser’s termination of this Agreement as provided in Section 4.4 hereof); provided, however that retain the Xxxxxxx Money Deposit shall be refundable plus accrued interest or other amounts earned thereon pursuant to Purchaser in Section 7.2.1 below, the event allocation of (a) a material uncured default by Seller of its obligations under this Agreement, (b) a failure of a condition precedent to Purchaser’s obligations as set forth in this Agreement or (c) as otherwise specifically provided by this Agreement. The Xxxxxxx Money Deposit plus accrued or other amounts earned interest thereon among each Seller, shall be applied as determined by Sellers, and neither Buyer nor Escrow Holder shall be concerned therewith. Notwithstanding the foregoing or any other provision hereof to the Purchase Price on contrary, the Close sum of EscrowOne Hundred Dollars and 00/100ths ($100.00) out of the Xxxxxxx Money Deposit is independent of any other consideration provided hereunder, shall be fully earned by Sellers upon the Effective Date hereof, and is not refundable to Buyer under any circumstances. Accordingly, if this Agreement is terminated for any reason by either party, such independent consideration shall be paid by Escrow Holder to Sellers.