Filing For Release. If Preferred Beneficiary believes in good faith that a Release Condition has occurred, Preferred Beneficiary may provide to DSI written notice of the occurrence of the Release Condition and a request for the release of the Deposit Materials. DSI shall immediately deliver a copy of such notice to Depositor. No earlier than five (5) days and no later than 5:00 p.m. Pacific Time on the date which is ten (10) days after DSI's receipt of such notice, provided that DSI has not received a copy of a court order restraining release of the Deposit Materials, DSI shall deliver the Deposit Materials to Preferred Beneficiary, even if Depositor disputes the fact that Preferred Beneficiary is entitled to the Deposit Materials. If it is subsequently determined a Release Condition has not occurred, Preferred Beneficiary shall immediately return all copies of Deposit Materials in its possession or control to DSI and shall be liable for any expenses incurred by Depositor in demonstrating that no Release Condition had occurred.
Appears in 4 contracts
Samples: Escrow Agreement (Netspeak Corp), Escrow Agreement (Netspeak Corp), Escrow Agreement (Netspeak Corp)
