Escrow Agreement Template

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ESCROW AGREEMENT
This Escrow Agreement is made this _____ day of __________, 200_, by and among
_____________________. (hereinafter in this agreement, the “Seller”) and ________________
(hereinafter in this agreement the “Purchaser”)
The sums of $_____________________ pending ___________________________________shall
be held in a non-interest bearing escrow (herein collectively called the “Escrow Deposits”), by
(hereinafter the “Escrow Agent”), in trust, and disbursed only in accordance with the
following provisions:
1.
Upon receipt of ______________________________________________, Escrow Agent
may release the Escrow Deposits to Seller. Otherwise, the provisions set forth below
shall be followed. In the event that the __________________ is not received within 120
days of the date of this agreement, Escrow Agent may use the Escrow Deposits to take
such action as it reasonably deems necessary to obtain the _____________ or a legal
equivalent thereto.
2.
All instructions to the Escrow Agent shall be given in writing. If said instructions have
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been signed by both Seller and Purchaser, then the Escrow Agent shall carry out said
instructions immediately. If the instructions have been signed by only Seller or
Purchaser, then the Escrow Agent shall immediately send a copy of said instructions to
the other party. If the other party has not delivered to the Escrow Agent written
objections to the proposed action set forth in said instructions within ten days (10) days
of receipt of said instructions, then the Escrow Agent shall act in accordance with said
instructions. If the Escrow Agent receives an objection to its acting in accordance with
said instructions within the ten (10) day period, then it shall not proceed until it
receives instructions signed by both parties, or until directed by a Court of competent
jurisdiction.
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3.
In the event joint written instructions are not received by the Escrow Agent with
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respect to the Escrow Deposits within thirty (30) days of the receipt by it of conflicting
or unilateral instructions, the Escrow Agent may, if it so elects, commence an action in
the nature of an interpleader or declaratory judgment action in the New Jersey
Superior Court, ___________________County, to determine the title to, or disposition
of, the Escrow Deposits and all accrued interest. The Purchaser and Seller shall be
jointly and severally liable to Escrow Agent for reasonable attorneys’ fees, costs and
expenses in connection with the commencement and prosecution of such a suit and any
appeal or appeals therefrom.
4.
The Escrow Agent shall not be liable for any act done or omitted by it in good faith, or
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for anything which it may in good faith do or refrain from doing in connection with its
duties as Escrow Agent. The Escrow Agent is authorized to rely upon any document
reasonably believed by it to be signed by the parties hereto,
including transmissions by

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