Common use of Fees of Escrow Agent Clause in Contracts

Fees of Escrow Agent. The Escrow Agent shall be entitled to compensation for its services as stated in the fee schedule attached hereto as Exhibit F, which compensation shall be paid out of the Escrow Funds. The fee agreed upon for the services rendered hereunder is intended as full compensation for the Escrow Agent's services as contemplated by this Escrow Agreement; provided, however, that in the event that the conditions for the disbursement of funds under this Escrow Agreement are not fulfilled, or the Escrow Agent renders any service not contemplated in this Escrow Agreement, or there is any assignment of interest in the subject matter of this Escrow Agreement, or any material modification hereof, or if any material controversy arises hereunder, or the Escrow Agent is made a party to any litigation pertaining to this Escrow Agreement or the subject matter hereof, then the Escrow Agent shall be compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorneys' fees and expenses, occasioned by any such delay, controversy, litigation or event. The Escrow Agent shall have, and is hereby granted, a prior lien upon the NWC Holdback/Escrow Funds and Escrow Earnings with respect to its unpaid fees, non-reimbursed expenses and unsatisfied indemnification rights, superior to the interests of any other persons or entities and is hereby granted the right to set off and deduct any unpaid fees, non-reimbursed expenses and unsatisfied indemnification rights first from the Escrow Earnings and then from the NWC Holdback/Escrow Funds.

Fees of Escrow Agent. The District shall pay to the Escrow Agent shall be entitled to compensation fees and expenses as are mutually agreed upon by the District and the Escrow Agent as and for its payment in full for the services as stated in the fee schedule attached hereto as Exhibit F, which compensation shall be paid out of the Escrow FundsAgent as escrow holder hereunder, through the payment and redemption of the Refunded Bonds as set forth herein. The It is also understood that the fee agreed upon for the services rendered of the Escrow Agent hereunder is intended as full shall be considered compensation for the Escrow Agent's its ordinary services as contemplated by this Escrow Agreement; provided, however, that but in the event that the conditions for the disbursement of funds under this Escrow Agreement are not fulfilled, promptly fulfilled or that the Escrow Agent renders any service hereunder not contemplated provided for in this Escrow Agreement, the foregoing instructions or that there is any an assignment of any interest in the subject matter of this Escrow Agreementescrow, or any material modification hereof, or if that any material controversy arises hereunder, hereunder or that the Escrow Agent is made a party to to, or intervenes in, or, in good faith, interpleads in, any litigation pertaining to this Escrow Agreement escrow or the subject matter hereofthereof, then the Escrow Agent shall be reasonably compensated by the District for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorneys' plus interest charged at the maximum rate permitted by law occasioned by such default, delay, controversy or litigation, including, without limitation, the fees and expenses, occasioned by any such delay, controversy, litigation or eventdisbursements of legal counsel to the Escrow Agent. The Under no circumstances shall the Escrow Agent shall have, and is hereby granted, be entitled to assert a prior lien upon against the NWC Holdback/Escrow Funds and Escrow Earnings with respect to its unpaid fees, non-reimbursed expenses and unsatisfied indemnification rights, superior to the interests of any other persons or entities and is hereby granted the right to set off and deduct any unpaid fees, non-reimbursed expenses and unsatisfied indemnification rights first from amounts held in the Escrow Earnings and then from Fund to provide security for the NWC Holdback/Escrow Fundspayment of the fees described in this Section.

Fees of Escrow Agent. The County shall pay to the Escrow Agent shall be entitled to compensation fees and expenses as are mutually agreed upon by the County and the Escrow Agent as and for its payment in full for the services as stated in the fee schedule attached hereto as Exhibit F, which compensation shall be paid out of the Escrow FundsAgent as escrow agent hereunder, through and including the final redemption of the Prior Bonds as set forth herein. The It is also understood that the fee agreed upon for the services rendered of the Escrow Agent hereunder is intended as full shall be considered compensation for the Escrow Agent's its ordinary services as contemplated by this Escrow Agreement; providedthese instructions, however, that but in the event that the conditions for the disbursement of funds under this Escrow Agreement escrow are not fulfilled, promptly fulfilled or that the Escrow Agent renders any service hereunder not contemplated provided for in this Escrow Agreement, the foregoing instructions or that there is any an assignment of any interest in the subject matter of this Escrow Agreementescrow, or any material modification hereof, or if that any material controversy arises hereunder, hereunder or that the Escrow Agent is made a party to to, or intervenes in, or, in good faith, interpleads in, any litigation pertaining to this Escrow Agreement escrow or the subject matter hereofthereof, then the Escrow Agent shall be reasonably compensated by the County for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorneys' plus interest charged at the maximum rate permitted by law occasioned by such default, delay, controversy or litigation, including, without limitation, the fees and expenses, occasioned by any such delay, controversy, litigation or eventdisbursements of legal counsel to the Escrow Agent. The Under no circumstances shall the Escrow Agent shall have, and is hereby granted, be entitled to assert a prior lien upon against the NWC Holdback/cash or Escrowed Securities held in the respective Escrow Funds and Escrow Earnings with respect Fund to its unpaid fees, non-reimbursed expenses and unsatisfied indemnification rights, superior to provide security for the interests payment of any other persons or entities and is hereby granted the right to set off and deduct any unpaid fees, non-reimbursed expenses and unsatisfied indemnification rights first from the Escrow Earnings and then from the NWC Holdback/Escrow Fundsfees described in this Section.

Fees of Escrow Agent. The Escrow Agent shall be entitled to compensation for its services as stated in the fee schedule attached hereto as Exhibit FA, which compensation shall be paid out of the Escrow Funds. The fee agreed upon for the services rendered hereunder is intended as full compensation for the Escrow Agent's services as contemplated by this Escrow Agreement; provided, however, that in the event that the conditions for the disbursement of funds under this Escrow Agreement are not fulfilled, or the Escrow Agent renders any service not contemplated in this Escrow Agreement, or there is any assignment of interest in the subject matter of this Escrow Agreement, or any material modification hereof, or if any material controversy arises hereunder, or the Escrow Agent is made a party to any litigation pertaining to this Escrow Agreement or the subject matter hereof, then the Escrow Agent shall be compensated for such extraordinary services and reimbursed for all costs and expenses, including reasonable attorneys' fees and expenses, occasioned by any such delay, controversy, litigation or event. The Escrow Agent shall have, and is hereby granted, a prior lien upon the NWC Holdback/Escrow Funds and Escrow Earnings with respect to its unpaid fees, non-reimbursed expenses and unsatisfied indemnification rights, superior to the interests of any other persons or entities and is hereby granted the right to set off and deduct any unpaid fees, non-reimbursed expenses and unsatisfied indemnification rights first from the Escrow Earnings and then from the NWC Holdback/Escrow Funds.