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26 <br /> received by check will be held for a minimum of ten(10)business days prior to disbursement. <br /> 4. Upon Escrow Agent's receipt of consistent written instructions from both Seller and Purchaser, or <br /> their respective counsel or brokers,Escrow Agent will disburse the Escrowed Funds in accordance <br /> with such instructions. Such instructions may be given in duplicate counterparts and delivered via <br /> electronic mail.Escrow Agent requests delivery of such instructions at least twenty-four(24)hours <br /> before disbursement is needed. Notwithstanding the foregoing provisions of this Section 4, in the <br /> event that Seller or Purchaser provides Escrow Agent and the other party with a written certification <br /> claiming the Escrowed Funds pursuant to certain provisions of the Sales Contract, Escrow Agent, <br /> at its absolute and sole discretion, may elect to proceed by: (i)notifying Purchaser and Seller that <br /> it intends to disburse the Escrowed Funds in accordance with such request unless the non- <br /> requesting party delivers a written objection to such requested disbursement within ten (10) <br /> business days after receipt of said notice, and (ii) so disbursing the Escrowed Funds to the <br /> requesting party after such ten(10)business day period,provided the non-requesting party has not <br /> objected to such disbursement in accordance with this Section.Upon such a disbursement,Escrow <br /> Agent will be released and discharged from any further duty or obligation hereunder. <br /> 5. Escrow Agent will be entitled to rely upon the instructions and other matters covered thereby, and <br /> will not be required to investigate the authority of the person executing and delivering such <br /> instructions, or otherwise verify the accuracy of the statements or information presented therein. <br /> 6. Escrow Agent will not be accountable for any incidental benefit,which may be attributable to the <br /> Escrowed Funds.Escrow Agent will not owe a fiduciary responsibility to Purchaser and Seller,and <br /> will be a stakeholder only and not liable for any losses,costs or damages it may incur in performing <br /> its responsibilities hereunder unless such losses,costs or damages arise out of the willful default or <br /> gross negligence of Escrow Agent or its agents. Furthermore, and in no way limiting the forgoing <br /> sentence,Escrow Agent will not be liable for any loss or damage resulting from the following: <br /> a. Any default, error, action, or omission of any other party; <br /> b. The expiration of any time limit unless such time limit was known to Escrow Agent and <br /> such loss is solely caused by failure of Escrow Agent to proceed in its ordinary course of <br /> business; <br /> c. Any loss or impairment of funds while on deposit with a federally-insured bank,resulting <br /> from failure, insolvency or suspension of such bank; and <br /> d. Escrow Agent's compliance with any and all legal process, writs, orders,judgments, and <br /> decrees of any court, whether issued with or without jurisdiction and whether or not <br /> subsequently vacated,modified, set aside or reversed. <br /> 7. In the event of a dispute hereunder between Seller and Purchaser(or their successors or assigns), <br /> Escrow Agent will have the right, exercisable in its sole discretion, to resign by giving written <br /> notice to Seller and Purchaser, specifying a date on which such resignation will take effect, which <br /> will be no earlier than ten(10)business days after the delivery of such notice.Promptly upon receipt <br /> of such notice, Seller and Purchaser will appoint a mutually acceptable successor escrow agent. <br /> Upon delivery by the successor escrow agent to Seller, Purchaser, and Escrow Agent of a written <br /> instrument accepting such appointment, the successor escrow agent will succeed to all the rights <br /> and duties of Escrow Agent hereunder. If a successor escrow agent is not appointed by the <br /> expiration of such ten(10)business day period,Escrow Agent will have the right,exercisable in its <br /> sole discretion,to be discharged by tendering unto the registry or custody of any court of competent <br /> jurisdiction the Escrowed Funds,together with any such legal pleadings as it deems appropriate.In <br />