Common use of Compliance With Court Order Clause in Contracts

Compliance With Court Order. The undersigned authorize and direct the escrow trustee to disregard any and all notices, warnings or demands given or made by the undersigned (other than jointly) or by any other person. The said undersigned also hereby authorize and direct the escrow trustee to accept, comply with, and obey any and all writs, orders, judgments or decrees entered or issued by any court with or without jurisdiction; and in case the said escrow trustee obeys or complies with any such writ, order, judgment or decree of any court, it shall not be liable to any of the parties hereto or any other person, by reason of such compliance, notwithstanding any such writ, order, judgment or decree be entered without jurisdiction or be subsequently reversed, modified, annulled, set aside or vacated. In case the escrow trustee is made a party defendant to any suit or proceedings regarding this escrow trust, the undersigned, for themselves, their heirs, personal representatives, successors, and assigns, jointly and severally, agree to pay to said escrow trustee, upon written demand, all costs, attorney's fees, and expenses incurred with respect thereto. The escrow trustee shall have a lien on the deposit(s) herein for any and all such costs, fees and expenses. If said costs, fees and expenses are not paid, then the escrow trustee shall have the right to reimburse itself out of the said deposit(s). Disputes/Circumstance not contemplated: If any dispute arises with respect to the disbursement of any funds on deposit or if circumstances arise that were not contemplated or described in the original escrow agreement, and Escrow Agent is unsure as to its duties as a result, Escrow Agent may continue to hold said funds until either in receipt of a joint order from the parties or a court order directing payment. In such instance, Escrow Agent may elect to commence an action in interpleader and in conjunction therewith remit the Escrow Deposit to a court of competent jurisdiction pending resolution of such dispute, and the parties hereto hereby indemnify and hold harmless Escrow Agent for any action taken by it in good faith in the execution of its duties hereunder. The parties further agree that the cost of any such action shall be deducted from the Escrow Deposit prior to disbursement to the parties. Disclaimer Re:

Appears in 1 contract

Samples: 1 Purchase and Sale Agreement (Federal Signal Corp /De/)

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Compliance With Court Order. The undersigned authorize and direct the escrow trustee to disregard any and all notices, warnings or demands given or made by the undersigned (other than jointlysuch notices referenced in these strict joint escrow instructions) or by any other person. The said undersigned also hereby authorize and direct the escrow trustee to accept, comply with, and obey any and all writs, orders, judgments or decrees entered or issued by any court with or without jurisdiction; and in case the said escrow trustee obeys or complies with any such writ, : order, judgment or decree of any court, it shall not be liable to any of the parties hereto or any other person, by reason of such compliance, notwithstanding any such writ, order, judgment or decree be entered without jurisdiction or be subsequently reversed, modified, annulled, set aside or vacated. In case the escrow trustee is made a party defendant to any suit or proceedings regarding this escrow trust, the undersigned, for themselves, their heirs, personal representatives, successors, and assigns, jointly and severally, agree to pay to said escrow trustee, upon written demand, all costs, attorney's ’s fees, and expenses incurred with respect thereto. The escrow trustee shall have a lien on the deposit(sdeposits(s) herein for any and all such costs, fees and expenses. If said costs, fees and expenses are not paid, then the escrow trustee shall have the right to reimburse itself out of the said deposit(s). Disputes/Circumstance not contemplatedExecution: If any dispute arises with respect These escrow trust instructions are governed by and are to be construed under the disbursement laws of any funds on deposit the State of Illinois. The escrow trust instructions, amendments or if circumstances arise that were not contemplated or described supplemental instructions hereto, may be executed in the counterparts, each of which shall be deemed an original escrow agreement, and Escrow Agent is unsure as to its duties as a result, Escrow Agent may continue to hold said funds until either in receipt of a joint order from the parties or a court order directing payment. In all such instance, Escrow Agent may elect to commence an action in interpleader and in conjunction therewith remit the Escrow Deposit to a court of competent jurisdiction pending resolution of such dispute, counterparts together shall constitute one and the parties hereto hereby indemnify and hold harmless Escrow Agent for any action taken by it in good faith in the execution of its duties hereunder. The parties further agree that the cost of any such action shall be deducted from the Escrow Deposit prior to disbursement to the parties. Disclaimer Re:same instrument.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Nova Biosource Fuels, Inc.)

Compliance With Court Order. The undersigned authorize and direct the escrow trustee to disregard any and all notices, warnings or demands given or made by the undersigned (other than jointly) or by any other person. The said undersigned also hereby authorize and direct the escrow trustee to accept, comply with, and obey any and all writs, orders, judgments or decrees entered or issued by any court with or without jurisdiction; and in case the said escrow trustee obeys or complies with any such writ, order, judgment or decree of any court, it shall not be liable to any of the parties hereto or any other person, by reason of such compliance, notwithstanding any such writ, order, judgment or decree be entered without jurisdiction or be subsequently reversed, modified, annulled, set aside or vacated. In case the escrow trustee is made a party defendant to any suit or proceedings regarding this escrow trust, the undersigned, for themselves, their heirs, personal representatives, successors, and assigns, jointly and severally, agree to pay to said escrow trustee, upon written demand, all costs, attorney's ’s fees, and expenses incurred with respect thereto. The escrow trustee shall have a lien on the deposit(s) herein for any and all such costs, fees and expenses. If said costs, fees and expenses are not paid, then the escrow trustee shall have the right to reimburse itself out of the said deposit(s). Disputes/Circumstance not contemplatedExecution: If any dispute arises with respect These escrow trust instructions are governed by and are to be construed under the laws of the State of Illinois. The escrow trust instructions, amendments, or supplemental instructions hereto, may be executed in counterparts, each of which shall be deemed an original and all such counterparts together shall constitute one and the same instrument. These Escrow Instruction are made pursuant to the disbursement provisions of any funds on deposit or if circumstances arise that were not contemplated or described in certain Real Estate Owned Purchase and Sale Agreement between Purchaser and Seller (the original escrow agreement, and Escrow Agent is unsure as to its duties as a result, Escrow Agent may continue to hold said funds until either in receipt of a joint order from the parties or a court order directing payment. In such instance, Escrow Agent may elect to commence an action in interpleader and in conjunction therewith remit the Escrow Deposit to a court of competent jurisdiction pending resolution of such dispute“Agreement”), and the parties hereto hereby indemnify money deposited hereunder is the xxxxxxx money under the Agreement (the “Xxxxxxx Money”). As between Purchaser and hold harmless Escrow Agent Seller, they agree that they shall provide all joint directions to escrow trustee necessary to cause escrow trustee to disburse the Xxxxxxx Money as required under the Agreement, including, without limitation, to return the money to Purchaser if Purchaser terminates the Agreement for any action taken by it in good faith in reason on or before the execution end of its duties hereunderthe Contingency Period. The parties further agree that the cost of any such action shall be deducted from the For Seller: Name: By: Address: Phone: Fax: E-mail: Signature: For Purchaser: Name: By: Address: Phone: Fax: E-mail: Signature: Accepted: Chicago Title and Trust Company, as Escrow Deposit prior to disbursement to the parties. Disclaimer Re:Trustee By: Date: EXHIBIT C

Appears in 1 contract

Samples: Real Estate Owned Purchase and Sale Agreement

Compliance With Court Order. The undersigned authorize and direct the escrow trustee to disregard any and all notices, warnings or demands given or made by the undersigned (other than jointlyjointly or as specifically provided in these escrow trust instructions) or by any other person. The said undersigned also hereby authorize and direct the escrow trustee to accept, comply with, and obey any and all writs, orders, judgments or decrees entered or issued by any court with or without jurisdiction; and in case the said escrow trustee obeys or complies with any such writ, order, judgment or decree of any court, it shall not be liable to any of the parties hereto or any other person, by reason of such compliance, notwithstanding any such writ, order, judgment or decree be entered without jurisdiction or be subsequently reversed, modified, annulled, set aside or vacated. In case the escrow trustee is made a party defendant to any suit or proceedings regarding this escrow trust, the undersigned, for themselves, their heirs, personal representatives, successors, and assigns, jointly and severally, agree to pay to said escrow trustee, upon written demand, all costs, attorney's ’s fees, and expenses incurred with respect thereto. The escrow trustee shall have a lien on the deposit(s) herein for any and all such costs, fees fees, and expenses. If said costs, fees fees, and expenses are not paid, then the escrow trustee shall have the right to reimburse itself out of the said deposit(s). Disputes/Circumstance not contemplatedExecution: If any dispute arises with respect These escrow trust instructions are governed by and are to be construed under the disbursement laws of any funds on deposit the State of Illinois. The escrow trust instructions, amendments or if circumstances arise that were not contemplated or described supplemental instructions hereto, may be executed in the counterparts, each of which shall be deemed an original escrow agreement, and Escrow Agent is unsure as to its duties as a result, Escrow Agent may continue to hold said funds until either in receipt of a joint order from the parties or a court order directing payment. In all such instance, Escrow Agent may elect to commence an action in interpleader and in conjunction therewith remit the Escrow Deposit to a court of competent jurisdiction pending resolution of such dispute, counterparts together shall constitute one and the parties hereto hereby indemnify and hold harmless Escrow Agent same instrument. SEE ATTACHED ASSIGNMENT OF CONTRACT TERADYNE, INC. Purchaser Textura, LLC Seller Address 00 Xxxxxxxx Xxxxxxx, Xxxxx X Address 000 Xxxxxxxxx Xxxxx Xxxxx Xxxxxxx 01864 Xxxx Xxxxx, XX 00000 City State Zip Code City State Zip Code Phone Number 000-000-0000 Phone Number 000-000-0000 /s/ Xxxxxxxx X. Xxxxxx (for any action taken by it in good faith in the execution of its duties hereunder. The parties further agree that the cost of any such action shall be deducted from the Escrow Deposit prior to disbursement to the parties. Disclaimer Re:purchaser) /s/ Rand G A (attorney)

Appears in 1 contract

Samples: Construction Mortgage, Security Agreement (Textura Corp)

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Compliance With Court Order. The undersigned authorize and direct the escrow trustee to disregard any and all notices, warnings or demands given or made by the undersigned (other than jointly) or by any other person. The said undersigned also hereby authorize and direct the escrow trustee to accept, comply with, and obey any and all writs, orders, judgments or decrees entered or issued by any court with or without jurisdiction; and in case the said escrow trustee obeys or complies with any such writ, order, judgment or decree of any court, it shall not be liable to any of the parties hereto or any other person, by reason of such compliance, notwithstanding any such writ, order, judgment or decree be entered without jurisdiction or be subsequently reversed, modified, annulled, set aside or vacated. In case the escrow trustee is made a party defendant to any suit or proceedings regarding this escrow trust, the undersigned, for themselves, their heirs, personal representatives, successors, and assigns, jointly and severally, agree to pay to said escrow trustee, upon written demand, all costs, reasonable attorney's ’s fees, and expenses incurred with respect thereto. The escrow trustee shall have a lien on the deposit(s) herein for any and all such costs, fees and expenses. If said costs, fees and expenses are not paid, then the escrow trustee shall have the right to reimburse itself out of the said deposit(s). Disputes/Circumstance not contemplatedExecution: If any dispute arises with respect These escrow trust instructions are governed by and are to be construed under the disbursement laws of any funds on deposit the state of Illinois. The escrow trust instructions, amendments or if circumstances arise that were not contemplated or described supplemental instructions hereto, may be executed in the counterparts, each of which shall be deemed an original escrow agreement, and Escrow Agent is unsure as to its duties as a result, Escrow Agent may continue to hold said funds until either in receipt of a joint order from the parties or a court order directing payment. In all such instance, Escrow Agent may elect to commence an action in interpleader and in conjunction therewith remit the Escrow Deposit to a court of competent jurisdiction pending resolution of such dispute, counterparts together shall constitute one and the parties hereto hereby indemnify same instrument. SELLER: GA-PACES, L.L.C., a Delaware limited liability company By: Equity Office Management, L.L.C., a Delaware limited liability company, its non-member manager By: Name: Its: PURCHASER: HARVARD PROPERTY TRUST, LLC, a Delaware limited liability company By: Name: Title: ESCROW AGENT: COMMONWEALTH LAND TITLE INSURANCE COMPANY By: Name: Title: EXHIBIT E PERMITTED EXCEPTIONS One Paces West and hold harmless Escrow Agent for any action taken by it in good faith in the execution of its duties hereunder. The parties further agree that the cost of any such action shall be deducted from the Escrow Deposit prior to disbursement to the parties. Disclaimer Re:Two Paces West, Atlanta, Georgia ONE PACES WEST

Appears in 1 contract

Samples: Real Estate Sale Agreement (Behringer Harvard Reit I Inc)

Compliance With Court Order. The undersigned authorize and direct the escrow trustee to disregard any and all notices, warnings or demands given or made by the undersigned (other than jointlyJointly) or by any other person. The said undersigned also hereby authorize and direct the escrow trustee to accept, comply with, and obey any and all writs, orders, judgments or decrees entered or issued by any court with or without jurisdiction; and in case the said escrow trustee obeys or complies with any such writ, order, judgment or decree of any court, it shall not be liable to any of the parties hereto or any other person, by reason of such compliance, notwithstanding any such writ, order, judgment or decree be entered without jurisdiction or be subsequently reversed, modified, annulled, set aside or vacated. In case the the, escrow trustee is made a party defendant to any suit or proceedings regarding this escrow trust, the undersigned, for themselves, their heirs, personal representatives, successors, and assigns, jointly and severally, agree to pay to said escrow trustee, upon written demand, all costs, attorney's ’s fees, and expenses incurred with respect thereto. The escrow trustee shall have a lien on the deposit(s) herein for any and all such costs, fees and expenses. If said costs, fees and expenses are not paid, then the escrow trustee shall have the right to reimburse itself out of the said deposit(s). Disputes/Circumstance not contemplatedExecution: If any dispute arises with respect These escrow trust instructions are governed by and are to be construed under the disbursement laws of any funds on deposit the state of Illinois. The escrow trust instructions, amendments or if circumstances arise that were not contemplated or described supplemental instructions hereto, may be executed in counterparts, each of which shall be deemed an original and all such counterparts together shall constitute one and the original escrow agreementsame instrument. For Seller: For Purchaser: Name: Name: Address: Address: Phone: Phone: Fax: Fax: Signature /s/ Xxxxxx X. Xxxxxxxxxx Signature /s/ Xxxxx Xxxxxxxx Accepted: Chicago Title and Trust Company, as Escrow Trustee By: Date: EXHIBIT C ACCESS AGREEMENT THIS AGREEMENT is entered into by and between Xxxxxxxxxx Electronics, Ltd., a Delaware corporation, (hereinafter referred to as “Owner”), TAB Construction Company, and Escrow Agent is unsure an Illinois corporation (hereinafter referred to as to its duties as a result, Escrow Agent may continue to hold said funds until either in receipt of a joint order from the parties or a court order directing payment. In such instance, Escrow Agent may elect to commence an action in interpleader and in conjunction therewith remit the Escrow Deposit to a court of competent jurisdiction pending resolution of such dispute, and the parties hereto hereby indemnify and hold harmless Escrow Agent for any action taken by it in good faith in the execution of its duties hereunder. The parties further agree that the cost of any such action shall be deducted from the Escrow Deposit prior to disbursement to the parties. Disclaimer Re:“Invitee”.)

Appears in 1 contract

Samples: Purchase and Sale Agreement (Richardson Electronics LTD/De)

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