Disputes; Interpleader. Notwithstanding anything in this Agreement to the contrary, upon a dispute between Seller and Purchaser sufficient in the sole discretion of Escrow Agent to justify its doing so, or if Escrow Agent has not disbursed the Xxxxxxx Money on or before the thirtieth (30th) day following the Closing Date specified in Section 7, then Escrow Agent shall be entitled, but not required, to tender the Xxxxxxx Money into the registry or custody of any court of competent jurisdiction, together with such pleadings as it may deem appropriate, and thereupon be discharged from all further duties and liabilities under this Agreement (other than with respect to any liabilities for negligence, willful misconduct or breach of trust by Escrow Agent). The Escrow Agent may reimburse itself from the Xxxxxxx Money for a reasonable attorney’s fee and other reasonable costs of filing any such interpleader action. The Escrow Agent may also, in its discretion, elect to refrain for any period from initiating any such interpleader action, and may in lieu thereof, continue to hold the Xxxxxxx Money in escrow subject to the terms and conditions of this Section pending a resolution of all disputes between the parties.
Disputes; Interpleader. If there is any disagreement or dispute in connection with this Agreement or the subject matter hereof, or in the event of adverse or inconsistent claims or demands upon, or inconsistent instructions to, the Bank, other than with respect to Debtor, or if the Bank in good faith is in doubt as to what action to take pursuant to this Agreement, the Bank may, at its election, refuse to comply with any such claims, demands, or instructions, or refuse to take any other action pursuant to this Agreement until:
Disputes; Interpleader. In the event the Escrow Agent is in doubt as to whom a disbursement should be made or whether a party has defaulted or in the event of any ambiguity or dispute in regard to the documents or between the parties related in any respect to the transaction evidenced by the documents deposited in escrow, the Escrow Agent may refuse to act in any manner, until either: (a) the parties enter into a written agreement to resolve the doubt, ambiguity or dispute; or (b)the rights of the parties have been fully and finally adjudicated by a court of proper jurisdiction. The Escrow Agent reserves the right to initiate an interpleader action, so the court can resolve the doubt, ambiguity or dispute. In the event the Escrow Agent initiates an interpleader action, the parties each agree and consent to jurisdiction of such action in the District Court of the State of Montana in any county in which the Escrow Agent maintains an office. The parties further agree that the Escrow Agent may deposit any monies, documents or other items subject of the interpleader action with the court. The parties agree to reimburse the Escrow Agent for all attorney's fees and costs incurred in evaluating the doubt, ambiguity or dispute and for initiating and prosecuting the interpleader action.
Disputes; Interpleader. In the event the Escrow Agent is in doubt as to whom a disbursement should be made or whether a party has defaulted or in the event of any ambiguity or dispute in regard to the documents or between the parties related in any respect to the transaction evidenced by the documents deposited in escrow, the Escrow Agent may refuse to act in any manner, until either: (a) the parties enter into a written agreement to resolve the doubt, ambiguity or dispute; or (b)the rights of the parties have been fully and finally adjudicated by a court of proper jurisdiction. The Escrow Agent reserves the right to initiate an interpleader action, so the court can resolve the doubt, ambiguity or dispute. In the event the Escrow Agent initiates an interpleader action, the parties each agree and consent to jurisdiction of such action in the District Court of the State of Idaho in any county in which the Escrow Agent maintains an office. The parties further agree that the Escrow Agent may deposit any monies, documents or other items subject of the interpleader action with the court. The parties agree to reimburse the Escrow Agent for all attorney's fees and costs incurred in evaluating the doubt, ambiguity or dispute and for initiating and prosecuting the interpleader action
Disputes; Interpleader. In an event of dispute between SCDOT and the Corps, the Escrow Holder shall comply with the Corps, and the SCDOT agrees to defer to the Corps. With regard to disputes not involving the Corps, where circumstances warrant, in the Escrow Holder’s discretion, the Escrow Holder shall be entitled to interplead and/or tender unto the registry or custody of any court of competent jurisdiction all or any portion of money or Property held by it under the terms of this Escrow Agreement, together with such legal pleadings as it deems appropriate and immediately thereupon it should be discharged from all duties and responsibilities hereunder.
Disputes; Interpleader. Notwithstanding anything in this Agreement to the contrary, upon a dispute between Seller and Purchaser sufficient in the sole discretion of Escrow Agent to justify its doing so, or if Escrow Agent has not disbursed the Xxxxxxx Money and any Additional Xxxxxxx Money on or before the sixtieth (60th) day following the Closing Date, then Escrow Agent shall be entitled, but not required, to tender the Xxxxxxx Money and any Additional Xxxxxxx Money into the registry or custody of any court of competent jurisdiction, together with such pleadings as it may deem appropriate, and thereupon be discharged from all further duties and liabilities under this Agreement (other than with respect to any liabilities for negligence, willful misconduct or breach of trust by Escrow Agent). The Escrow Agent may reimburse itself from the Xxxxxxx Money for a reasonable attorney’s fee actually incurred and other reasonable costs actually incurred of filing any such interpleader action. The Escrow Agent may also, in its discretion, elect to refrain for any period from initiating any such interpleader action, and may in lieu thereof, continue to hold the Xxxxxxx Money and any Additional Xxxxxxx Money in escrow subject to the terms and conditions of this Section pending a resolution of all disputes between the parties.
Disputes; Interpleader. In the event that (i) any dispute shall arise between the Parties with respect to the disposition or disbursement of any of the assets held hereunder or (ii) the Collateral Agent shall be uncertain as to how to proceed in a situation not explicitly addressed by the terms of this Agreement whether because of conflicting demands by the other parties hereto or otherwise, the Collateral Agent shall be permitted to interplead all of the assets held hereunder into a court of competent jurisdiction, and thereafter be fully relieved from any and all liability or obligation with respect to such interpleaded assets. The parties hereto other than the Collateral Agent further agree to pursue any redress or recourse in connection with such a dispute, without making the Collateral Agent a party to the same.
Disputes; Interpleader. In the event of any disagreement between Buyer and Seller resulting in adverse claims and demands being made with respect to the Deposit, any other funds and/or the documents held in escrow, Escrow Agent shall be entitled, at its option, to refuse to comply with the claims or demands of either Party until such disagreement is finally resolved either (a) by a court of competent jurisdiction or (b) by an arbitrator in the event that the Parties decide to submit the dispute to arbitration, and in doing so, Escrow Agent shall not be or become liable to either Party or any other party. In such regard, Escrow Agent may, but shall not be obligated to, interplead the Parties and any other claimants and transfer the Deposit and such funds and documents to a court of competent jurisdiction. [*] Indicates that information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment.
